Selwyn and [Kaulabe?] to Buckingham

We are honored with Your Grace's Commands signified in Sir Frederic
Rogers's letter of the 22d day of November ultimo, stating that
he was directed by Your Grace, to transmit to us a Copy of an
Ordinance passed by the Legislature of British Columbia entitled
"An Ordinance respecting Harbour and Tonnage dues and to regulate the
Licenses on the Vessels engaged in
the Coasting and Inland Navigation Trade" and to call attention to
the provisions of Sectn 5 by which the Governor in Council is
authorized under special circumstances to license foreign bottoms
for the coasting Trade of British Columbia.

And that he was also directed to call our attention to Sectns
 163, 190 and 320 of the Customs Consolidated Act 16 & 17 Victa
 C. 107 and also to Sectn 15 of 20 & 21 Victa c 62, and to
request that we would favour Your Grace with our opinion whether the
Colonial Legislature have power, under Sectn 15 of the last
mentioned Act to admit by local Ordinance foreign bottoms to the
Coasting Trade, or whether it is necessary for them to proceed in
the manner pointed out by Sectn 328 of the former Act and whether
this part of the Ordinance is or is not repugnant to the imperial Act.

Sir Frederic Rogers was pleased further to state that the Ordinance
had been under the consideration of the Board of Trade and that it
would be seen from the Letter, of which a Copy was enclosed, that they
entertain considerable doubts as to the legal effect of those several
Clauses.

Sir Frederic Rogers was also pleased to transmit to us the Copy of
 another letter lately received from the Board of Trade, and to
request that we would inform Your Grace whether we perceive any
objection to the proposed repeal of the 163rd and 328 Clauses of
 16 and 17 Victoria C 107.

In Obedience to Your Grace's Commands we have considered the
questions submitted to us and have the honour to Report

That in our opinion the Colonial Legislature have not power
 under Sectn 15 of the 20 and 21 Victoria c 62 to admit by local
Ordinance foreign bottoms to the Colonial Coasting Trade, and that
this part of the Ordinance is repugnant to the Imperial Act. We
think that the Colonial Legislature should proceed in the manner
pointed out by Sectn 328 of the Imperial Act—Sec 15 is no doubt
extremely ambiguous, but we think having regard to the preamble and
apparent object of the Sectn, that the interpretation we have
put upon it, is the correct one.

There appears to be grounds of policy rendering it expedient
to repeal Sections 163 and 328 of the Act 16 & 17 Victa cap 107
and we see no objection in point of law to such repeal.