Seymour to Cardwell

As you did me the honor of consulting me respecting
the resolutions of the Legislative Assembly of Vancouver Island,
 praying that that colony might be united to British Columbia, I 
would now venture to express in writing—I believe in
accordance with your wish—my views upon the Subject.

2. I think that the Assembly has faithfully
represented the desire of the majority of the population.
So great is the anxiety for union existing in Victoria,
the political centre of the island, that the conditions
are left entirely for you to determine. Nanaimo, the
second town, I believe, faintly wishes for amalgamation of
the two colonies, but the people are prosperous, contented,
and the best feeling exists between them and the colonists
of the main land.

3. The question of the relations of the two colonies is
one of great difficulty. They were, until recently, united,
to the extent of having a Governor in common. But the
dissatisfaction in British Columbia at the state of things
which then existed, was such that your predecessor effected the
separation now found so irritating to Victoria.

4. Under the system which the Duke of Newcastle abolished,
 the Government of British Columbia was carried on from the
capital of another colony. The Governor and principal
public officers drew full pay from the main land, and lived
on the island. The people of Victoria profited by the
expenditure of the proceeds of taxation levied on another
community, & were at the same time, by the freedom of
the port, relieved from the payment of the heavy import
duties which fell on those who made of British Columbia their
home. Whether it was wise to make two colonies of the
territories lying West of the Rocky Mountains it is useless
now to enquire; but colonists having been invited to settle
on the continent on the faith that they were to form an
independent community possessing their own Government and
Capital, the old system was found to be manifestly unjust,
and your predecessor, listening to the voice of the
protesting colonists, effected the separation so joyously
received in British Columbia.

5. I say confidently that that colony has not altered its
views. It has had the one great wish gratified and dreads
all change. I have heard this denied by Victoria politicians
and I have in vain asked them for any evidence to support
their denial. If a desire for union has arisen in the
colony, how does it show itself? The gentlemen who
successfully appeal to the people for nomination to the
Legislative Council pledge themselves to opposition to union.
The Council, on this subject entirely unfettered by me, vote
unanimously against it. The issue was fairly tried wherever
there was a chance of success. Petitions were printed
in Victoria recommending union and the abolition of
unpopular taxation, & circulated in the mining districts,
but they remained unsigned. Indignation meetings were called
in Cariboo, but no one would attend. A newspaper was
started in that district specially to advocate Union & oppose the
local Government. The miners merely protested against the
scurrility of their professed organ, and when extraneous
assistance was withdrawn it died from want of their support.
I am for many reasons anxious that the desire for union
should exist in British Columbia. It does not.

6. The efforts of the Merchants of Victoria to create
such a desire in the mining districts were, however,
vigorous and well timed. Not very high principled, but
shewing considerable political dexterity. It was felt that
union, as a respectable question, could stand no
chance of obtaining a hearing in Cariboo, but it might
direct with some attention on the hustings coupled with
an abrogation of the export duty on gold, and a general
reduction of taxation. Systematic agitation might possibly
stir up the feeling against the gold tax to a sufficient
strength to drag into light its self imposed associate,
union. I do not deny the unpopularity of the export duty,
but the miners are aware that it was imposed with the
consent of their own Mining Board, and voted for by their
elected Members of Council. They know the requirements of the
Government, but above all they know that it requires no change
in their political condition, no assistance from without, to
relieve them from any burdens unanimously affirmed to be distasteful.

7. It would have been well if Victoria had earlier passed
the resolutions in favour of unconditional union. It was
not until the efforts to obstruct the Government of British Columbia, by shaking the confidence of the people in its practice had
proved vain that the wise course was adopted. Though I
shall presently shew that the larger colony has progressed
greatly since it attained a separate existence, yet it did
not escape entirely uninjured from the self-damaging attacks
of the Victoria politicians. The prosperity of both colonies
depends principally on the powers of the gold mines of the
main land to attract a considerable share of the large
floating population which, centred in winter in California, 
seeks in the public prints & in every rumour, a guide
to direct its steps to the most profitable field for summer
labour. The Victoria papers & their Cariboo
representatives, during its short existence, requested
British Columbia to be over taxed and ungently governed.
Many persons, undoubtedly, in San Francisco took the English
reports on English mines and management as correct and
turned their steps towards other gold fields which
American speculators took care not to depreciate. The
efforts of the Victoria agitators were thus partially
successful. The great objects of intimidating the Government
& exciting disaffection failed, but a feeling outside the
colony was created against the then recent legislation.
This success, once obtained, caused alarm in Victoria.
Then came the outcry that the miners were leaving the
country; Merchants from the island waited on the Governor on the
subject & when the injury was done the Cariboo press was silenced.

8. Even in England persons connected with Victoria have
had a meeting, where, in their eagerness for union, they
have reported the two colonies to be languishing or
retrograding in their present separation. Reports on
the subject deficient either in candour or information had been
provided to the leading London journals. I regret that
the matter of union should not have been allowed to rest
where it was properly placed, in your hands. Who would
emigrate from England to colonies, reported by their own
respected representatives to have early in their career
entered on their decline? Who would seek investments in the
funds of a community alleged to be daily diminishing in wealth?

9. I am prepared to allow that Victoria is not flourishing.
 I maintain that British Columbia is so. It may seem
strange, but their progress is not parallel & I can
believe that the cause has escaped the knowledge of some of
the merchants of Victoria. The explanation is, however, simple.

10. The discoveries of gold on the Lower Fraser first
attracted to British Territory a large portion of the
unattached population of Western America. The immigrants
came from Oregon or California by sea. Their detention at
 the first place of landing created Victoria. The bars on
 the Fraser were gradually worked out. Now they are abandoned
to the labours of Chinamen. But year by year the summer
immigrants pushed further into the interior, still by the valley of the great river. Finally Cariboo was discovered
and its prodigious wealth attracted large numbers of miners
who were fed and supplied from Victoria. Driven from their
work by the severe climate in the winter, the "Caribooites"
spent some time & much money in that town & added to
the profits of the merchants who had monopolized their
markets during the working season. There were no large
settlements in British Columbia. It was only a colony in
name. There was a gold mine at one end of a line of road. A
seaport town (under a different government) at the opposite terminus.

11. Here was the real cause of the ill feeling between
the two colonies. The settlers on the Fraser paid gold
miners duties on all they consumed while the people of
the island profited by the success of the diggings & paid
no import duties. Everything was done to foster Victoria.
Where public officers served both colonies, the island
gave its own half pay; the full salary was drawn from the
heavily taxed British Columbia, & the whole, then one
salary and a half, was spent on the island. Imperial
interests were assumed to be involved in the welfare of
Victoria, & people affected to believe that great
destinies were in store for the town they had early begun
to name the "Green City of the Pacific". Meanwhile
every man on the main land knew that the town was kept
alive by the British Columbian mines. They petitioned
for separation, and they got it. Now, at all events, the
proceeds of their taxation are spent among them. Trade
is beginning to establish itself on the Fraser. On the
 other hand Victoria, descending to [illegible], seeks at
the sacrifice of her free port, and constitution a
close union into the colony whose wealth is her support.

12. Cariboo was the great customer for Victoria, but
Cariboo with its prodigious wealth has been found out
to be "poor man's diggings." Not competent therefore
to support a very large population. The mines are of
limited extent. The gold is deep and is expensive to
extract. The number of spring immigrants began early to
fall off and in 1865 was smaller than usual. There was
 no dearth of labourers. Cariboo warned off fresh comers
as every place was full. So it seemed, for with a
diminished population, the yield of gold was in the
proportion of 9 to 5 as compared with the preceding
year. Wages were steady at 40/s a day, and the necessaries
of life far lower in price than they had ever been before.
Victoria continued to do the principal business of these mines, but
 the population to feed was comparatively small and Victoria suffered.

13. So did British Columbia to a certain extent. Road
 side houses on the Cariboo line became bankrupt as traffic
decreased by diminished immigration and accelerated
travelling. The general condition of the colony was
however prosperous. The customs receipts at New Westminster were, by the last account which has reached
 me, £15,000 in excess of the corresponding period of 1864.
I learn that the British Columbian capital "is making great
progress. Houses and wharves, clearing and fencing going
on everywhere this autumn," and the most hopeful sign of
all is beginning to shew itself; a disposition on the part
of the miners to purchase land in New Westminster or its
neighbourhood, and commence the systematic colonization of
the Lower Fraser. These benefits in no way assist Victoria
nor can it appreciate the improvement in the general condition of
Cariboo which now induces many miners to winter there instead
of squandering their money in Vancouver Island or San Francisco.

14. To the merchants of Victoria the depression they felt
 in 1865 appeared to extend over British Columbia, but he could
only see the valley of the Fraser while a vaster view lay
open before the eyes of the Government of New Westminster.
The usual wave of immigration was seen to come to us in
equal if not larger volume than in former years. Many miners
were doubtless prevented by the Victorian outcry from coming
direct to the English colonies, and the more United Americans
secured the preference for their own gold fields of Boise
 or Coeur d'Helene. But disappointed hopes soon drove 
thousands in search of richer deposits. From the sea to
the Rocky Mountains, on both sides of the boundary line the
country swarmed with eager prospectors who rushed backwards
and forwards as reports circulated that the gold which all
knew to exist had at last been found.

15. Late in 1864 important discoveries had been made near
 the British Kootenay Pass of the Rocky Mountains in our
territory. It was first through American newspapers that
I became aware of a rich and prosperous mining town existing
within our limits about 500 miles due East of New Westminster.
Although the Kootenay mines could at first be only approached
by passing through United States territory, we soon
extended British institutions over the new diggings. Established
Courts of Justice & collected taxes. On the dissipation of
the mining camps of the Boise Country, Kootenay received a
considerable accession of population, & in the season of
1865 the new diggings were paying to the Colonial Treasury
in taxes upwards of a thousand pounds a week. Here was a
tangible benefit to British Columbia, which brought no
immediate advantages to Victoria. On the contrary, the
new miners which were fed from across the frontier took away
many persons from Victoria's best customer, Cariboo.

16. The American prospectors continued to pour in by every
opening in our rugged frontier, and the attraction of the
Kootenay itself soon dimmed before the discoveries on the
Big Bend of the Columbia. I had fortunately consented to 
license the running of steamers under the American flag in the
purely English waters of that river. Crowds arrived, freight
poured in, and the advent of winter alone prevented the
general rush which is confidently predicted for this year.
I am credibly informed that these latest discovered gold
mines have in some places yielded as much as eight hundred
dollars a day, to the hand, without machinery. If such be
the case we need fear no competition. Victoria has
however in no way shared as yet in the profits. The customs duties
levied at Fort Shepherd on the Columbia belong to us
British Columbians alone. In other parts of the Colony
the prospectors have been successful. Near Lillooet, in a
fine agricultural district, a stretch of nearly 70 miles
of rich auriferous ground has been discovered and high hopes
are entertained as regards the next mining season. I say
again that British Columbia is flourishing and has still
brighter prospects in view.

17. I may observe, inadvertently, that the unsuccessful
miners from Boise on the Coeur d'Helene are as valuable to
us as an equal number of those who came by Victoria and the
Fraser. The citizens of the United States are our boldest
prospectors and not the least law-observing portion of our
population. They came to us across the frontier prepared
to accept our institutions, their heads undisturbed by
political agitations. The carrying out of the last sentence
of a Court of Lynch Law sometimes diminishes their
numbers as they approach the boundary line, but once it
is passed, the revolver and bowie knife are laid aside, and
perfect tranquillity prevails under our vigorous administration
throughout the Colony. Crimes of violence are now almost
unknown in British Columbia, and on the late circuit the
Supreme Court did not find a single prisoner for trial at the Kootenay.

18. While British Columbia is reported to be languishing, it
may be interesting for me to mention—though I write without
official documents—some of the principal public works which
have been accomplished by us in 1865. I premise with the
statement that every Surveyor and every Engineer in the
Colony was in Government employ last year. Every discharged
Sapper possessing anything like adequate knowledge was likewise
induced to enter our service. A good trail for pack animals
has been opened from the Fraser to the Kootenay. The Cascade Range, the Gold Range, the Selkirk Range have been
successively surmounted. With what labour may be imagined
when I state that at the end of May the cutting over the
Cascade Mountains had, on each side, seven feet of snow.
This trail was not only run through English territory to a
gold mine, but it affords, by the British Kootenay Pass an
easy access from the Pacific to the Hudson's Bay lands beyond
the Rocky Mountains. Its principal value however to the
 Colonists is that it already enables the Merchants of New Westminster to undersell those of Lewiston & Walla Walla at the
new diggings. A sleigh road had been opened from the seat
of Government to Yale running for upwards of a hundred miles
through the dense forest of the lower Fraser. A bridge has
for the first time been thrown over Thompson's River on the
main road to the Northern mines. Upwards of twenty thousand
pounds have been expended in the completion on the high road
into Cariboo allowing machinery, at last, to be introduced into
Williams Creek. A large sum is connecting by a long street
the three mining towns in that locality. A good road now
connects New Westminster with the sea at Burrard Inlet, and
secures the inhabitants from inconvenience, should an
unusually severe winter close the Fraser. A light ship,
public libraries, new school buildings testify to the energy
of the Government. If I add, that in the year just passed,
steamers have for the first time navigated the Upper Columbia
and that New Westminster has been brought into connection with
the whole telegraphic system of the United States, Canada,
Newfoundland & with Cariboo I point out an amount of work
accomplished in a single summer, I should think entirely
unprecedented in so young a colony. For the telegraphic
communication & the new line of steamers the Government can
only claim the credit of the earnest efforts it has made
to second the enterprise of our republican neighbours.

19. I have endeavoured at considerable length to prove; first,
that union with Vancouver Island, or the annexation of that
Colony is not desired in British Columbia. Secondly, that
the larger Colony is not in a depressed condition. Possibly
external agitation in connexion with the Gold Export duty
may have to a certain extent impeded her progress. If, in
the violent competition on the Pacific to make the mines in
the Colony or the States superior to each other in attraction,
it be found that the British export on gold acts unfavourably
to us, I can only say that the tax will be at once repealed.
Our great public works are done, and if the export duty,
though just, is impolitic, we will not suffer our miners
to be over weighted by it, in the great struggle.

20. In the face of the reluctance of the colony over which
I preside, to be drawn into any union with Vancouver Island,
some explanation is necessary of the motives which induce me
to entertain the question at all, instead of confining myself
to backing the prayer of my Legislative Council that the
existing separation may continue unimpaired. I consider
however my duty to require of me that I should not confine my
attention exclusively to the internal affairs of the tract
of country under my Government, but that I should likewise
see to the strengthening of British authority, British
influence and British power on the Pacific, and I at once
admit that the existing division weakens all three. The
dissensions between the two colonies are looked upon in the
neighbouring States as rather a scandalous, but novel and
amusing feature in English colonization. I am practically
aware that it is extremely inconvenient for the Commander
in Chief of the Pacific Squadron to be in communication
with two Governors of nominally equal position, close to
each other, but many thousands of miles from Head Quarters.
I see that the Indian population of our North West coast,
wherever the schooner or canoe of the Victoria smuggler can
reach, are withering and disappearing under the disastrous
effects of the whisky traffic. I must remember that both
British Columbia and Vancouver Island have occasionally
questions to discuss with their American and Russian
neighbours, and that, as things now are, there is nothing
to secure uniformity of action or expression in the English
representatives. The one may be on the most friendly terms
with adjacent powers. The other, in a state of reserve,
pending a reference to Europe. I find myself, under these
circumstances, compelled to state that, in my opinion,
England ought to be represented by one civil authority only
beyond the Rocky Mountains. Her Majesty's prerogative
could of course effect this, without the aid of Parliament,
but if a Lieutenant Governor be appointed to the smaller &
poorer Colony the change, though an undoubted improvement,
would still have Vancouver Island with a staff of public
offices beyond her present ability to support. I fear that
the bickering would not cease, nor Victoria refrain from
interference with the affairs of the neighbouring Colony.

21. Without any specific recommendation, I proceed to
consider the terms upon which union could be carried out
with moderate satisfaction to the one Colony & the least
distaste to the other. The Imperial Acts 21 & 22 Vict:
C: 99 (which has been repealed) provided that, on the
petition of the two legislative houses of Vancouver Island,
Her Majesty might declare that island to be an integral
part of the Colony of British Columbia. This appears to
me to be the principle upon which union should be carried
out. But British Columbia has since then been favoured
with a Legislative Constitution, by an Order in Council,
& I am of opinion that no union should take place
without the consent of the Legislative body created
under it. This, I think might be obtained should Her
Majesty's Government desire it & equitable terms be
proposed. But I would here venture to state that if a
return to the old state of things be sought to be imposed
on British Columbia the outcry to which the Duke of Newcastle
yielded but two years ago, will be renewed with increased volume.

22. An Act of Parliament somewhat similar to that above
referred to having been obtained, the consent of the
Legislature of British [Columbia] formally recorded, the
Governor's proclamation of incorporation issued, the laws
of the main land would at once be extended over the island.
An early revision of these laws would however be required.
This could hardly be effected, with a due regard to the
interests of the newly acquired territory by the present
Legislative Council of British Columbia. That body should
be dissolved, and a new legislature, with representatives
from Vancouver Island, called into existence. Here arises
the important question, What shall be the Legislative
constitution of the one great English Colony on the North Pacific?

23. The Legislature of Vancouver Island of which the
extinct provision of the Act already quoted contemplated
the disappearance, consists of a Governor, a nominated
Council and an elected Assembly. Theoretically, perhaps,
the best form of Government. It is not for me to inquire
how it has worked in Vancouver Island. I content myself
with saying that British Columbia is not ripe for such
institutions. I formed my opinion upon the following
grounds. First, an account of the vast number of aliens
resident in the Colony, who would, I presume, be excluded
from the suffrage were a symetrical constitution to be
established. Secondly, because there are but few
persons who could devote their time and attention to the
public service. We should soon be reduced to pay our
legislators, or fall into the hands of the professional
politicians of whom the neighbouring States furnish to
us the model. Thirdly, because the uncertain nature of
gold mining allows of a "rush" here and a "rush" there
as rich leads are discovered, or old claims "cave in."
Away goes the population from the "played out" town.
Magistrate and constables follow, and the Surveyor and
his road gang have to bring the new diggings into
connection with the markets of the colony. The Governor
must act at once on his own responsibility and be able
to rely with confidence on the passing of a Supplementary
Appropriation Act to give legal sanction to the unforeseen
expenditures. Fourthly, because our population of Indiansis in
a proportion of about 10 to one of ourselves. They will now obey
the Great White Chief. They understand no division of authority.
Lastly, because every one in British Columbia, Americans
even more than English, sees the necessity of & wishes
for a strong Government. All like the power to be
mainly vested in one man, responsible to public opinion,
and are adverse to the professional politician. For the
colonies, if united, I would recommend an adherence to
the principles of the Legislative constitution of British Columbia rather than to those of that conferred on
Vancouver Island. I would however have a much larger proportionate
infusion of the popular elements than we at present possess.

24. Her Majesty has, by Order in Council, created a
body authorized to make laws for British Columbia. It
consists of fifteen Members exclusive of the Governor with
whom it is optional to take his seat as a Member of the
Board, or to keep aloof, & by so doing constitute
himself an entirely separate branch of the Legislature.
One third of the Council is composed of the undermentioned
public officers, who are, by a separate instrument,
constituted likewise the Governor's Executive Council:

1. The Colonial Secretary

2. The Attorney General

3. The Treasurer

4. The Surveyor General

5. The Collector of Customs
 
The remaining two thirds are selected by the Governor,
but, I believe, that a despatch from the Duke of Newcastle
directs that five of the ten shall be chosen from the
Magistracy of the Colony, and that in the appointment of
the other five the Governor shall endeavour to be guided
by the wishes of the people as signified in five distinct
districts. Under this constitution the Government can command a
majority of votes, but the power has been rarely exercised by me,
save in cases where demands were made upon the Colony by the Imperial
Treasury which the Legislature, if not coerced, would have rejected.

25. I would wish to make some observations upon the
three divisions of the present Council. The five Executive
Members are in such close communication with the Governor
that it is but rarely that one of them has an opportunity of
asserting his independence by a vote against a measure introduced
by the Government. Hence, however useful as men of business, in the
House, they do not, with the public, possess the same character for
independence as the other two classes. I would recommend that in the
new Legislature for the united colonies the strictly
official elements be not increased.

26. Probably in British Columbia the section of the
Legislature which possesses most the confidence of the
people is that of the Magistrates. It is the right of the
Governor to change the stations of the paid Justices of
the Peace whenever he shall see occasion for doing so,
therefore the best men are always selected for the most
important trusts. As the winter closes most of the miner's
operations several of the Magistrates can be spared to attend the
meetings of the Legislative Council in New Westminster. The
undermentioned districts are represented in this manner;

1. New Westminster

2. The Kootenay Gold Mines in the Rocky Mountains

 3. The Gold Mines of Cariboo, nearly 500 miles North East of
New Westminster

4. The agricultural and now mining district of Lillooet

 5. The pastoral and mining country intersected by the Columbia, bounded on the South by the American frontier.

27. The country Magistrates, whose salaries are not
sufficient to enable them to enjoy any of the luxuries
of life in the expensive districts in which they are
stationed, live in the manly state of freedom of intercourse
with all classes characteristic of British Columbia Board of Trade.
The Magistrates at the mines, hundreds of miles from Head
quarters, are necessarily invested with duties of great
variety and importance. The representative of the
Government, the sole referee or Judge in mining disputes, Gold
Commissioner, Bankruptcy Commissioner, County Court Judge, the
Magistrate is constantly before the public. The smallness of the
police force which we can allow to carry out his decisions & to
preserve tranquillity compels him to rely much upon his
personal influence. It gives me great satisfaction to say
that under these circumstances a body of Public Officers
has been termed equally respected by the people and the Government.
The miner looks upon the departure of the Magistrate for his
legislative duties with fully as much of happy confidence as he does
on that of the man he has assisted in returning to the House.

28. I would propose in the new constitution to increase
the number of these valuable legislators from five to nine.
I would submit that the present discretionary power resident
in the Governor of making his selection from the centres of
population, for the time being, be not interfered with, nor
would withdraw the liberty granted to him by the Duke of Newcastle to appoint, should he see fit, unpaid in the
places of paid Magistrates. I venture to submit a plan
for a distribution in the first instance of the nine seats

1. Victoria, V.I.

 2. New Westminster, B.C.

3. Cariboo, B.C.

 4. Kootenay or Columbia, B.C.

5. Douglas & Lillooet, B.C.
 
6. Osoyoos & Southern Frontier, B.C.

7. Nanaimo, V.I.

8. Yale & Lytton, B.C.

9. Comox or Cowichan, V.I.

It will be said that this is not a fair distribution. Six
Magistrates for British Columbia, three for Vancouver Island.
I reply that the former colony now supports nine paid Justices of
the Peace. The latter only two. My plan would entail the
exclusion of three Columbian Magistrates & the creation
of one, for Legislative purposes, upon the island.

29. The Duke of Newcastle directed the Governor to consult
the wishes of the people in the appointment of one third
of the Legislative Councillors. My predecessor divided the
Colony into 5 electoral districts:

1. New Westminster

 2. Cariboo East

 3. Cariboo West

 4. Yale & Lytton

 5. Douglas & Lillooet
 
The mode of ascertaining the popular desire is as follows;
A letter is written by command of the Governor to the paid
Magistrate of the district directing him to call a meeting
of the inhabitants to select a person for a Seat in the
Council. One notice of the meeting is given in the gazette
and, locally, by the Magistrate. Seats in the Legislative
Council are eagerly contended for. Electioneering addresses
issue from the rival candidates and sometimes very
considerable expense is incurred. Great discretion is left
with the Magistrate and people of the district
as to the votes which shall be accepted and reported to the
Governor. In New Westminster, I believe, in consequence of
a feeling to that effect, aliens have abstained from voting.
But in Cariboo, and I think other inland districts, every
man who comes forward may record a vote, unless he be an
Indian or a Chinaman. Indeed I believe there are cities
where some Chinese have been allowed to vote. It meets with
my approval that so long as a strong English Government
exists in New Westminster no disqualification on account of
nationality should exist at the gold mines. I hold it as
extremely desirable that we should know the real interests
& feelings of our many alien immigrants. That we should
attach them to our institutions, and that, as we govern by
moral force alone, not costing the Mother Country a soldier
or a shilling, we should have among our legislators men
responsible to alien as well as English constituents. I
like to hear any grievance which the American miner may
imagine he suffers from in Cariboo disposed of as now by
the remark, "Wait for the next election." In the
agricultural districts likewise I wish the aliens to
take part in the elections. Lytton, probably, does not
contain a dozen English unofficial inhabitants. The farmers
on the Thompson and Upper Fraser are many of them French.
The hôtel keepers throughout the colony mostly belong to
that nation or to the Italians. The time has not yet
arrived for me to consider whether the Chinaman or Indian
should be allowed to vote at the elections. I should be
disposed to exclude both. Possibly an exception might be made
in favour of those who took out their "free miner's certificates."

30. The elections over, the Magistrate reports to the
Governor the number of votes each candidate has received.
It is by no means incumbent on the Governor to appoint to
the Council the elect of the people, but it would require
very special circumstances, such as have not yet presented
themselves, to justify his rejection of the man placed at the head
of the poll. The Councillor must take the oath of allegiance before
his seat. A purely English Legislature is then secured.

31. Even if union is not to take place I should wish to
see the popular element increased in our Legislative
Council. It is by gradual concessions, freely made by
the Government, that the desire for institutions practically
unsuited to British Columbia will be best kept under. It
is in the gold mines that I should specially desire to see
the representation increased. If the union of the Colonies should
take place I would suggest that about twelve Members of the new
Legislature should be appointed by the Governor on the recommendation
of the people. If the Colonies remain separate, I will address you
at a future time respecting British Columbia. I must repeat the
recommendation I ventured to make, when treating of the Magisterial
element, that the discretionary power of the Governor as to the
districts to be represented should remain unimpaired. I however
submit a rough suggestion as to the first apportionment of seats

Victoria V.I.
2 members

New Westminster B.C.
1

Nanaimo V.I. 
1

Comox V.I.
1

Cariboo East B.C.
1

Cariboo West B.C.
1

Kootenay B.C.
1

Yale & Lytton B.C.
1

Douglas & Lillooet B.C.
1

Williams Lake B.C.
1

Osoyoos & Columbia
1

As regards the electoral franchise in the first instance
I would propose to leave the question as it now rests in
the several districts. It might be dealt with hereafter by the
Council. A property qualification and English nationality
would I believe be required in the electors of Vancouver Island.

32. I think it would be desirable that the Governor should
have the power of appointing two unofficial Members of the
Legislative Council to the Executive Council.

33. Should union take place in the manner contemplated
by the Act of the 21 & 22d Vict, two important changes
would take place in the condition of Vancouver Island.
Its present legislative constitution would be abolished.
Its partial exemption from import duties would cease. The
loss of the House of Assembly would not, I think, be much
regretted. The freedom of the port of Victoria has already
been much impaired, duties being now levied on many articles
of consumption. There is a certain charm in the idea of a
free English port on the Pacific destined to compete with
San Francisco & perhaps ultimately to establish a
commercial preeminence for Great Britain on the Western
Coast of North America. But in reality few of the advantages
expected from the free ports system have been secured, &
the people of Victoria, having the issue fairly placed
before them at the last elections, have, by a large
majority, determined that the system shall cease and a
Tariff take its place. Victoria does not lie on any of
the great highways of commerce, & I do not suppose that
a vessel ever entered the port which was not specially
bound for it in the commencement of the voyage. Besides,
if the freedom of the port had realized the expectations of
the people of Victoria would they now be in so gloomy a
state, or ready to make any sacrifice to secure union with
British Columbia? The last statistical returns shew that
of the imports to Vancouver Island only one twelfth is
exported to countries other than the neighbouring British
Colony. It may be said that smuggling is carried on to a
great extent. Possibly so, but I doubt whether this advantage,
of somewhat questionable propriety, counterbalances the
inconvenience of the restrictions placed on British commerce
in the Western States of America. The compulsion on every
vessel to or from Puget's Sound to enter or clear at Port
Angelos 40 (?) miles to Windward is I know found a serious evil
in British Columbia. The ships entering the Columbia or
Golden Gate from Victoria are examined I believe with a
minuteness & suspicion not excercised on other traders.
The Collector of Customs of California informed me that
the commercial transactions of the British and American
territories on the Pacific will never be conducted on an
entirely satisfactory condition, so long as we look to the
evasion of the United States' laws as one of our regular
sources of profit. Reciprocity such as that existing
between the Eastern Colonies & States would be most
valuable to us, but we cannot hope to obtain it, under a
system which contemplates the flooding, if possible, of
the neighbouring territories with smuggled goods. Finally,
British Columbia cannot receive into herself a community which
declines to share equally in her taxation. Victoria might retain
nearly all her advantages as a distributing port by the establishment
of Bonded Warehouses, and the allowing of a drawback on all
merchandise, over a certain value, passing out of the Colony.

34. In the event of union taking place, a question which
will locally excite some interest is as to the seat of
Government. Victoria is the largest town of the two
Colonies & is, in many respects, the most agreeable
place of residence. I think, however, that in seeking
union with British Columbia, Vancouver Island relinquishes
all claim to the possession within her limits of the seat of
Government. New Westminster has been chosen as the capital of
British Columbia, & it would not be fair to the reluctant colony
to deprive her of the Governor and staff of Officers.
Both these towns are inconveniently situated on an angle
of the vast British Territory, but New Westminster, on the
main land, has the advantage over the island town. It is
already the centre of the telegraphic system and is in constant
communication with the Upper country, whereas the steamers to
Victoria only run twice a week. The seat of Government should
be on the main land, whether it might not with advantage be brought
hereafter nearer to the gold mines, is a question for the future.

35. Unmixed advantage would accrue from the amalgamation of the
Supreme Courts of the two Colonies. There would be abundance of work
for the Judges now presiding in each colony.

36. It is premature for me to address you respecting
the disposal of the public officers who might be thrown
out of employment on the union of the two colonies.

37. I have now endeavoured to lay before you a scheme
for the consolidation of British power & interests on
the Pacific and for the suppression of the lamentable
antagonism existing between some of our fellow subjects
on that ocean. I am well aware that there are conflicting interests
which I cannot hope to reconcile. The way of pleasing all parties
has not been discovered. The old system of union under a common
Governor resident in Victoria broke down. The new one of entire
separation seems intolerable to the politicians of Vancouver's Island.
Whether the arrangements I now suggest would be acceptable to the
Colonists, I am much inclined to doubt. Victoria would probably
expect better terms and British Columbia only wishes to be left alone.

38. In a consideration of any suggestions I now venture to
lay before you, I beg for the indulgence which a letter written
abroad, without access to official papers, may fairly claim.