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FILE: 1871-01-05_Kimberley_to_Musgrave_B717000.txt
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Confidential

With reference to the correspondence noted in the margin

*

I transmit to you for your information Copies of two letters
from the Foreign Office enclosing copies of correspondence with Her
Majesty's Minister at Washington respecting the taking a Census in the
Island of San Juan by the United States Authorities.

I have communicated to Earl Granville a Copy of your Confidential
Despatch of the 11th October, and I have suggested to his Lordship that
if a Copy is forwarded to Sir E. Thornton it will be desirable that he
should be instructed not to allude to the letter from the United States
War Office of the 30th April, enclosed in your Despatch, in any
communication he may make to the United States Government.



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FILE: 1871-01-06_Kimberley_to_Musgrave_B717001.txt
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No. 1

With reference to your Despatch No. 148, dated the 19th November
last, I have to convey to you my approval of the appointment of Mr.
James Sullivan to be clerk to the Magistrate and Recorder of mining
claims in the room of Mr. W.M. Cochrane on a salary of £400 per annum.
But you will cause Mr. Sullivan to be informed that he will not be
entitled to compensation in the event of the Union of B.C. with Canada,
entailing on him the loss of his appointment.



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FILE: 1871-01-11_Musgrave_to_Kimberley_B71001U.txt
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No. 1

I have the honor to forward to Your Lordship, printed copies of
the Speech with which I opened the Session of the new
Legislative Council on the 5th instant, and of the Address
 which I received yesterday in reply.



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No. 2

In reply to your Despatch No. 149 of the 19th November last, I have
the honor to inform you that I agree with you in thinking that in view
of the anticipated Union of British Columbia with the Dominion of Canada
it will be well to leave the Crown Fund in its present position.



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FILE: 1871-01-18_Musgrave_to_Kimberley_B71002.txt
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No. 2

Referring to my Despatch No 125 of the 11th October last, and
Your Lordship's Circular of 1st of August previous, I now have
the honor to forward the Returns of Hospitals and Lunatic
Asylums, required in Lord Granville's Circular of the 12th July
1869.

2. There is no separate Lunatic Asylum, I regret to say. The
small number of Patients and the pecuniary embarrassments of the
Colony have hitherto prevented any attempt to supply this want.
Lunatics can only be confined in part of the Gaols at Victoria
 and New Westminster under the best arrangements for their
comfort which are possible in the circumstances.

3. There are three Hospitals—at Victoria, New Westminster and
Cariboo. Although not coming up to the standards of English
requirements, those at the two latter places answer all
practical purposes for small communities very well, and provide
sufficiently for the comfort of the Patients. The Hospital at
Victoria is not equally satisfactory. But it is not under the
control of the government; being managed by a Board

*

consisting of a President, Treasurer, Secretary and Eight
Members who are elected at a yearly public meeting of
subscribers. The Institution is supported by Voluntary
Contributions, and a small income arising from paying patients,
with the aid of a grant from the Government of Three hundred and
Twenty Dollars per month;

**

which however constitutes the chief Revenue.

4. A good deal of discussion has from time to time taken place
as to the necessity for improvement in the Victoria Hospital,
 and after Union with Canada, when the finances of the Colony
will be in a more prosperous condition, I have no doubt that
steps will be taken for this purpose.



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Confidential

I have had the honor to receive Your Lordship's Circular
Despatch Confidential of the 17th November, referring to the
Instruction which requires Governors of Colonies to make once in
each year a Confidential Report on the claims of Candidates for
appointments or promotion in the public service.

2. As Your Lordship is aware, the circumstances of this Colony
are peculiar, as it is on the very eve of Union with Canada.
The Heads of Departments will be affected by this change and I
have already called Your Lordship's attention to this subject in
my Despatch No 147, of 17th November last. The Canadian
Government have engaged to provide pensions for such Officers as
may be displaced, but it is hoped that suitable employment may be
found for most, if not all of the present Incumbents, and it is
very possible that Your Lordship may have it in your power by
conferring promotion where it is deserved, to assist in
facilitating the arrangements consequent upon Union. I am
therefore glad to have the opportunity to submit to you the
claims of the present public Officers of British Columbia of
whom in general I am able to report favorably.

Mr Philip James Hankin, Colonial Secretary
is thirty two years of age and is an Officer of much natural
ability. He is loyal to his Official superiors and renders
willing service and assistance, though I would not perhaps
always repose implicit confidence in his tact, or discretion.
But, under proper guidance he is capable and useful. He has
served two years as Colonial Secretary in this Colony.

Mr George Phillippo, Attorney General
is an able man, and good Crown Law Officer. He has been less
than a year in this Colony; but he has rendered me efficient
assistance during that time, and I believe would stand high in
public estimation after longer residence. His age is about
forty-five.

Mr Joseph Trutch, Commissioner of Lands & Works.
Of this Officer I have a very high opinion. He has rendered
most valuable service both in and out of the Legislature in the
negotiations for the Union of this Colony with the Dominion of
Canada; I have confidence both in his ability and judgment, and
I am satisfied that he would fill with credit any appointment in
the Public service which Your Lordship might give to him. He is
forty-four years of age, and has held his present Office since
1864.

Mr Wymond Hamley, Collector of Customs,
is a faithful and zealous public Servant, understanding well the
duties of his Department of which he has been in charge since
1858. His age is about forty-five.

Mr Robert Ker, Auditor General,
is a competent Officer for his appointment and I believe
discharges his duties faithfully. He was appointed in 1865 and
I think is nearly fifty years of age.

Mr Edward Graham Alston, Registrar General,
is an Officer whom I should be glad to see promoted. I think he
deserves a better appointment than that which he at present
holds, of which the emoluments are only Five hundred Pounds per
annum, a very small sum in so expensive a place of residence.
He is about Forty years of age, has held the appointment of
Registrar General of Vancouver Island since 1861, and under the
recent Ordinance is now Registrar of the United Colony. Mr
Alston is a graduate of the University of Cambridge, and was
called to the Bar of Lincoln's Inn. His attainments as a Lawyer
are highly estimated. He has held various honorary Offices in
the Colony, and now those of Inspector of Schools and
Commissioner of Savings Banks; and he has served in the
Legislative Council under three successive administrations,
discharging these several duties to the satisfaction of the
Government for the time being. I present Mr Alston to Your
Lordship's favorable notice with some confidence, and I
recommend him the more especially because he will not be among
those Officers entitled to a Pension from the Canadian
Government, while his chances of promotion will be diminished
after Union, and the position of his Office will be insecure on
the introduction of Responsible Government.



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No. 3

I have the honor to acknowledge the receipt of your despatch No.
147 dated the 17th of November last in which you review the future
 position of the present Civil Officers of British Columbia, in so far as
 they will be affected by the Union with Canada of the Colony under your
Government.

I concur generally with the Views expressed in this Despatch, and
you are at liberty to inform the Civil Officers of British Columbia that
their acceptance of employment under the Canadian Government will not
preclude them from applying at any future time for other employment
under this Department, nor will it effect any claims to such employment
which they may derive from their character and past services.

As regards Mr. Hankin the Colonial Secretary and Mr. Phillippo the
 Attorney General I can add that I will bear in mind your suggestion that
their Services should be transferred to some other Colony, but as
appointments of like importance and value are comparatively few and the
claimants to promotion are many, I fear that there is little chance of
my being able to meet your wishes.

I do not however understand from your Despatch that it is as yet in
any way decided that when union with Canada is effected suitable
employment may not be found for these two Gentlemen; and you would do
well to remind them, as well as any other Civil Officers who may be in
doubt as to accepting any Offices under the Government of Canada of
which they may have the refusal, that they should be very careful not to
decline any reasonable offer on the strength of such a very remote
prospect of other Colonial employment as I am able to hold out to them.



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FILE: 1871-01-20_Musgrave_to_Kimberley_B71001T.txt
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Telegram

Address to Queen for union with Canada on terms agreed upon
passed Legislative Council unanimously today.



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FILE: 1871-01-21_Kimberley_to_Musgrave_B717004.txt
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No. 4

I have the honor to acknowledge the receipt of your Despatch No.
158 [153] of the 7th December, in which you state that you agree with
Mr. Phillippo, and the other Gentlemen who reported upon this subject in
thinking that it is undesirable at the present time to re-open the
question of Land Registration in British Columbia.

This being the case, I will not further press the amendment of the
Land Registry Act of 1870, recommended by me in my Despatch No. 18 of
the 5th September last although I see no reason to doubt that
compensation clauses should be introduced into a measure of this nature.



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No. 3

I have much gratification in forwarding to Your Lordship printed
copies of an Address to the Queen which has been passed
unanimously by the Legislative Council of this Colony, praying
that Her Majesty will be pleased, under the 146th Section of
the British North America Act 1867, to admit British Columbia
into the Union, or Dominion of Canada on the basis of the terms
and conditions offered to this Colony by the Government of the
Dominion of Canada which are set forth in the Address. I
forward this Despatch by the overland route via Olympia in
Washington Territory, and as this mode of transmission is
uncertain from the state of the Roads at this time of the year,
I retain the original Address to be forwarded with Duplicate
Despatches by the usual and more certain opportunity which will
be afforded by the Mail Steamer next month direct to San
Francisco.

2. Mr Trutch who was one of the Delegates sent to Canada last
year for the purpose of negotiating arrangements for Union, will
again proceed to Ottawa with a copy of this Document, by the
Mail Steamer for San Francisco about the middle of February, for
the purpose of affording all necessary information as to details
of the proposed arrangements during the passage of a
corresponding Address through the Canadian Parliament.

3. It will probably be useful if not necessary to Your
Lordship's Department that some one from this Colony should be
present to afford information upon some points during the
preparation of the Order in Council, and Mr Trutch will go on
to England for the purpose of supplying it, after the
termination of his duties at Ottawa, which will probably not
occupy more than a month; I presume that the Canadian Government
will also appoint a Representative on their own behalf.



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No. 4

This Colony has now finally accepted the terms offered by the
Government of Canada for Union with the Dominion, and it only
remains to carry out the details of the arrangement, which will
probably be completed before the 1st of July next. After that
is done my employment here will cease. I have striven
industriously in accordance with the policy of Her Majesty's
Government for a result of which the first effect is injurious
to myself, by depriving me of my present employment. But, I
trust with some confidence in Your Lordship's favorable
consideration for further occupation elsewhere.

2. I believe that the Governments of Ceylon and Hong Kong will
both become vacant some time during this year by expiration of
the usual term of service as regards the present Incumbents.
And I respectfully submit to Your Lordship my hope that in the
arrangements consequent upon any such vacancies Your Lordship
will generously have regard to the claims which I think I may
legitimately urge under the circumstances.



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No. 5

I had the honor to transmit to Your Lordship on the 20th
instant a Telegram as follows:

Address to Queen for Union with Canada on terms agreed upon
passed Legislative Council unanimously to-day.



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FILE: 1871-01-24_Kimberley_to_Musgrave_B717005.txt
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No. 5

I have received your Despatch No. 154 of the 8th Ult. enclosing an
application from Mr. Ball, one of the Stipendiary Magistrates in B.C. on
 behalf of his son to the nomination to a Naval cadetship for the present
year.

The limited number of nominations placed at my disposal annually
by the Lords Commissioners of the Admiralty, is allotted in the first
instance to the North American and Australian Colonies.

If any of the Colonies to which nominations are due, omit to submit
the name of a candidate within the first quarter of the year, in
accordance with instructions contained in Mr. Cardwell's circular
Despatch of the 25th October 1865, a copy of which I enclose, the
nomination is considered to have lapsed. The Secretary of State is thus
occasionally enabled to entertain applications from other Colonies. In
view of this contingency my Predecessor's circular Despatch of the 11th
June was sent to B.C.

You will inform Mr. Ball that if any Colony should fail to nominate
a Candidate within the prescribed period, I may be able to submit the
name of his son to the Lords Commissioners of the Admiralty for the
lapsed nomination.

I must however clearly explain that the object of these nominations
to naval cadetships is not to benefit the Colonial Public service, but
to connect with this country, through the royal navy, members of
families who are fixed in the Colonies irrespectively of any public
employment. It is only in the absence of applications of this kind that
I consider myself at liberty to exercise these nominations on behalf of
the sons of Public Officers.

I transmit to you for your information and guidance copies in
duplicate of the circular Despatches noted in the margin,

*

relative to the examination and entry &c of naval cadets copies of which
should be given to Mr. Ball for his information. The form enclosed in
the circular Despatch of 18th August 1868 should be filled up [by] him
and transmitted to me at your earliest convenience.

I also enclose a copy of a letter which I have cause to be
addressed to Mr. Ball's son in this country, acquainting him with the
 result of the application which has been made on his behalf.



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No. 6

I received this day a telegraphic Despatch from you in the
following words "Address to Queen for Union with Canada on terms agreed
upon passed Legislative Council unanimously to day."

"Victoria, Jan. 20th"



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FILE: 1871-01-28_Foreign_Office_to_Under-Secretary_of_State_B715FO01.txt
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Foreign Office to Under-Secretary of State

With reference to my Letter of the 20th Ultimo, I am directed
by Earl Granville to transmit to you, for the information of the
Earl of Kimberley, a copy of a Despatch from Her Majesty's
Minister at Washington inclosing a copy of a Note he has
addressed to Mr Secretary Fish respecting [remainder of letter
not on microfilm].



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FILE: 1871-01-28_Tilley_to_Rogers_Permanent_Under-Secretary_B715MI01.txt
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Tilley to Rogers (Permanent Under-Secretary)

I am directed by the Postmaster General to acknowledge the
receipt of your letter of the 12th Instant, transmitting copy
of a Despatch from the Governor of British Columbia, relative to
the Rules which are proposed for the transaction of Money Order
Business between the United Kingdom and that Colony, and which,
it is seen, are generally assented to by the Colonial Government.

The only Rule on which they make a remark is the 18th—relating
to remittances of money to pay the Money Orders drawn in British
Columbia on the United Kingdom. In the case of this Colony,
such remittances, as stated by the Governor, will probably not
be necessary, because this Office has, periodically, to make
payment to the Colony, through the Crown Agents in London of
between £500 and £600 annually, on account of the subsidy for
conveyance of the Colonial Mails to and from San Francisco; and
the sum thus payable may be retained as a set off against the
Money Orders drawn upon this Country by the Colonial Post
Office: on the understanding that, should the amount due from
the Colony for Money Orders at any time exceed the sum due from
this Country for the Packet Service, the question of remittance
must be again considered.

I am to request that the Earl of Kimberley will inform the
Governor accordingly, and, in desiring him to take measures for
carrying the Money Order system into operation, will propose to
him, as a convenient arrangement, that the 1st May next shall be
fixed as the date for commencing the Business on both sides.



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No. 7

I referred for the consideration of the Postmaster General your
Despatch No. 157 of the 10th Dec. last respecting the extension to B.C.
of the British money order system.

As regards the rules laid down for the transaction of this
business, I have only to make a remark on the 18th, relating to
remittances of money to pay the Money Orders drawn in B.C. on the
United Kingdom. Mr. Maunsell agrees with you in the views adopted by
you that such remittances will probably not be necessary, as the Post
Office has periodically to make payment to the Colony through the
[blank] of sums varying between £500 and £600 annually on account of the
carriage of Colonial matters to and from San Francisco, and that the
sums thus payable may be retained as a set off against the money orders
drawn upon this country by the Colonial Post Office on the understanding
that should the amount due from the Colony exceed that due from the
London Post Office the question of remittance must be again considered.

I have therefore to desire you to take measures for carrying the
Money order system into operation and that the first of May may be fixed
as the day for commencing business both in B.C. and in this country.



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FILE: 1871-02-03_Murdoch_to_Rogers_Permanent_Under-Secretary_B715LN01.txt
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Murdoch to Rogers (Permanent Under-Secretary)

I have to acknowledge your letter of 27th ulto with a despatch
from the Governor of B. Columbia enclosing a letter from the
Attorney General of the Colony on the subject of the issue of
grants to certain persons who purchased land in the District of
Victoria, Vancouvers Island, prior to the retransfer of the
Island to the Crown.

2. The purchasers in question had not completed their payments
and therefore had not received title prior to the
retransfer—but have since paid the remaining instalments of the
purchase money to the local Government. The Attorney General
points out that in the Deed of reconveyance of the Island there
are excepted "all lands situate in the Victoria District
which may have been sold previous to the 1st day of January
1862," and expresses a belief that it was intended by these
words to except only the Hudsons Bay Company's private property.
But he says the words go beyond this and apply to all lands
sold by the Company in the Victoria District—from which it
follows that the legal estate in these cases still remains in
the hands of the Hudsons Bay Company.

3. We agree with the Attorney General that the legal estate of
the lands in question is in the Hudsons Bay Co—but he is
mistaken in supposing that this arises from any error or
oversight in drawing the Deed of reconveyance of Vancouver's
Island to the Crown. The Deed of 3rd January 1862 which
validated the sales made by the Hudsons Bay Co of lands in the
Victoria District held by them before Janry 1849, and
recognized their right to the proceeds of such sales, was
necessarily restricted to the Company's private property. But
in the deed of 3rd April 1867, by which the Island was
reconveyed to the Crown, this restriction was purposely
omitted—the object being to relieve the Crown of the necessity of
intervening between the Company and any of those who had
purchased from them. The whole of the lands therefore in the
Victoria District which had been sold by the Company before 1st
Janry 1862 were excepted from the reconveyance.

4. The Attorney General suggests that to provide for the issue
of valid titles to the purchasers of these lands or those who
hold through them the Hudsons Bay Co should be requested to
transfer to the Crown the legal Estate in order that the Crown
may issue titles. He considers that this would be much easier
and more satisfactory than that title should be issued direct by
the Hudsons Bay Co. We are we confess disposed to prefer the
latter course, as protecting the Crown from the possible
responsibilities involved in the completion and confirmation of
contracts made not with it but with the Company. If in
completing these contracts the Company is likely to experience
any difficulties (of the nature & extent of which we have no
means of judging) a short special Ordinance might be passed to
remove them, and to bring the transactions within the scope of
Ordinance No 4 of 1870 to which the Attorney General alludes.

5. Should Lord Kimberley concur in these views it might perhaps
be advisable in the first instance to refer the matter back to
the Colonial Authorities with an explanation of the true object
of the exception in the deed of reconveyance, and they might be
requested to submit for Lord Kimberley's approval the draft of
an Ordinance to facilitate the granting of titles to the lands
in question by the Company.

6. But if on the other hand Lord Kimberley should not deem this
course advisable then the matter might at once be referred to
the Hudsons Bay Co in order to ascertain their views thereon.



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No. 8

I have the honor to acknowledge the receipt of your Despatch No.
164 of the 22nd December reporting the execution at Nanaimo of an Indian
Known as "Jim" for the crime of Murder.



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FILE: 1871-02-06_Kimberley_to_Musgrave_B717008A.txt
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Confidential

With reference to my Confidential Despatch dated the 5th January I
have the honor to transmit to you herewith the Copy of a Despatch
addressed to Lord Granville by Her Majesty's Minister at Washington,
 enclosing the copy of a Note addressed by him to Mr. Fish respecting
the Census taken in San Juan by the United States Authorities.



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FILE: 1871-02-07_Kimberley_to_Musgrave_B717009.txt
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No. 9

I have the honor to acknowledge the receipt of your Despatch No.
165 of the 26th of December forwarding a letter addressed to me by Chief
Justice Begbie in which he renews his application for the Appointment
of Chief Justice of the Straits Settlements.

I request that you will inform Mr. Begbie that when the Office of
 Chief Justice of the Straits Settlements becomes vacant I will consider
 his claims with those of other candidates.



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FILE: 1871-02-07_Tilley_to_Rogers_Permanent_Under-Secretary_B715MI02.txt
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Tilley to Rogers (Permanent Under-Secretary)

I am directed by the Postmaster-General to acknowledge the
receipt of your letter of the 12th ultimo, transmitting copy of
a Despatch from the Governor of British Columbia, in which he
brings under consideration the charge at present made on letters
between that Colony and the United Kingdom, vizt: one shilling
per half ounce, contrasting it with the low charge of three
pence per half ounce made on letters between this Country and
the United States.

The Governor seems to consider that, as a letter is carried for
three pence from this Country to San Francisco, the charge to or
from British Columbia viâ San Francisco, should not exceed twice
that amount; and he states that, by sending a letter under
cover to a correspondent at San Francisco, and thus evading the
higher postage by the ordinary Mail, it can be transmitted the
entire distance for sixpence.

In reply, I am to acquaint you, for the information of the Earl
of Kimberley, that the Postmaster-General finds on enquiry that
the expense of conveying the British Columbian Mails amounts to
about £3000 a year, vizt: £1000 for the sea and transit rates
for the distances between this Country and San Francisco, and
£2000 for the service between San Francisco and Victoria.

This expense is borne in equal parts by the Imperial and
Colonial Post Offices; and they share, in like manner, the
postage derived from the correspondence: each Country receiving
the postage in one direction.

By this arrangement, the postage accruing annually to this
Department is estimated at £1500—while its actual outlay
amounts to the same sum.

Thus, there is nothing left even for the British inland Service.

Under these circumstances, the Postmaster General is not
prepared to recommend Her Majesty's Treasury to make any
reduction in the postage rate between this Country and British
Columbia—so long as the expense of conveying the Mails
(particularly between San Francisco and Victoria) remains so
heavy.



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FILE: 1871-02-09_Kimberley_to_Musgrave_B717010.txt
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No. 10

With reference to your Despatch No. 155 of the 10th of December I
transmit to you, for communication to Chief Justice Begbie, a copy of a
letter which I have caused to be addressed to the Revd. W. Robinson, in
 reference to the publication of Mr. Begbie's letter on the subject of
the Fraser River "Benches" or "Drift Terraces."



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FILE: 1871-02-09_Kimberley_to_Musgrave_B717011.txt
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No. 11

I have the honor to acknowledge the receipt of your Despatch of the
10th Ulto No. 1 forwarding a copy of the Speech with which you opened
the Session of the new Legislature of B.C. and of the Address which you
received in reply.



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No. 6

Referring to my Despatch No 147 of the 17th November last, I
have the honor to forward to Your Lordship a copy of correspondence
which has passed between Lord Lisgar and myself upon the subject of
ensuring pensions to the Officers now in the service of British
Columbia who will be affected by the Union of this Colony with
the Dominion.

2. I think it right that provision for these pensions should be
clearly made by Act of Parliament of the Dominion, and I have
little doubt that Your Lordship will take the view of the matter
which I have expressed in this correspondence. If any of the
Officers to whom the arrangement applies should accept other
Office from the Imperial Government, or the Government of
Canada, the pension may be suspended during the time he may hold
such appointment; but I think that the right to elect whether he
will take such other office should rest with him.

3. The Report of the Privy Council of Canada of the 7th
January forwarded to me in Lord Lisgar's Despatch of 9th
January contains a provision that in consideration of the loss
and inconvenience I shall be subjected to by the termination
of my employment here upon the Union of this Colony with Canada,
half a year's Salary shall be paid to me. I should observe that
I did not make any official application for such an allowance.
In a private Note to a leading member of the Canadian
administration I had alluded to the prejudicial effect upon my
own position which would be produced by the Union. I mentioned
that although I confidently hoped for an appointment from Your
Lordship to other employment elsewhere I yet might be some time
without such occupation. And I asked whether he thought that it
would be unfair to request that I should be placed in the same
position as if I had obtained a year's leave of absence from my
government, in which case I should be allowed to draw half my
Salary for that time. The provision in the Minute of Council
has I believe originated in what thus passed in private
correspondence without any formal request.

4. I trust that Your Lordship will not regard this provision as
objectionable. I have some confidence that you will look upon
the special circumstances of the termination of my service here
as giving me a claim for other employment; but some time may
elapse before any suitable vacancy occurs; during which period
without this moderate provision from the Canadian Government I
should suffer serious loss and inconvenience from the effect of
a measure, which I know has been brought to a successful issue
mainly through my personal exertions.



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FILE: 1871-02-10_Kimberley_to_Musgrave_B717012.txt
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No. 12

I have to acknowledge the receipt of your Despatch of the 16th
December last, No. 162 with reference to the issue of grants to certain
persons who purchased land in V.I. prior to the transfer of the Island
to the Crown.

I transmit to you, for your information a copy of a Report from the
Migration Commissioners whom I caused a copy of your Despatch to be
referred.

I concur in opinion with Sir Clinton Murdock that the titles to
the lands should be issued direct from the H.B.Co. and that if any
difficulties should be experienced by the Co. in completing the
contracts a short special Ordinance should be passed to remove them and
to bring the transactions within the scope of Ordinance No. 4 of 1870.



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FILE: 1871-02-10_Musgrave_to_Kimberley_B71007.txt
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No. 7

Referring to my Despatch No 8 of the 22nd January, I now have
the honor to enclose the original Address from the Legislative
Council to the Queen praying for the admission of British
Columbia to the Dominion of Canada.



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No. 8

I have the honor to forward a Statement, shewing the amount (Six
thousand, five hundred Dollars) due from the Imperial Government
for the conveyance of Mails between Victoria and San Francisco
from the 1st January to 31st December, 1870.



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No. 9

I have the honor to forward the Executive Council Minutes for
the half year ended 31st December 1870.



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No. 10

I have the honor to forward, with the usual Attorney General's
Report, an authenticated and two plain copies of an Act passed
by the Legislative Council entitled—

An Act to appropriate the sum of Three hundred and forty-seven
thousand five hundred and thirty-five Dollars and One Cent, out
of the General Revenue of the Colony, for the Contingent service
of the Year 1871.

2. I enclose copies of the Estimates for 1871 upon which this
Act is based, and of the Auditor's Report and of the Returns
required by Your Lordship's Despatch No 38 of the 16th
December last, which are appended to that Report.



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No. 11

I have the honor to forward with the usual Report from the
Attorney General an authenticated and two plain copies of an Act
passed by the Legislative Council entitled—

An Act to exempt the "Lane and Kurtz Cariboo Mining Company"

from the payment of Duties and Road and Bridge Tolls on certain
Machinery imported and yet to be imported by them for Mining
purposes.

2. The object of this measure is sufficiently obvious from the
preamble and I regard the limited encouragement which is thus
afforded to a costly and hazardous mining enterprise as very
legitimate in the circumstances of this Colony. The undertaking
of the Lane & Kurtz Mining Company if successful cannot fail to
be very beneficial to the Community in general.



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No. 13

I sent on the 10th Inst. at 6.15 p.m. a telegraphic Despatch to you
in the following words:- Her Majesty's Government have heard with much
satisfaction of the unanimous passing of the Address by the Legislative Council for
Union with Canada.



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[Separate]

I have the honor to acknowledge the receipt, on the 7th & 23rd
ultimo, of Your Lordship's Despatches, of the numbers and dates
noted in the margin,

*

and to transmit herewith the Schedules of those remaining unanswered.



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[Separate]

I have the honor to acknowledge the receipt, on the 8th
instant, of Your Lordship's Despatches, of the numbers and dates
noted in the margin,

*

and to transmit herewith the Schedules of those remaining
unanswered.



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No. 14

I have the honor to transmit to you in reply to your Despatch No.
152 of the 7th December a copy of a letter from the General Post Office
 from which you will learn that the Postmaster General is not prepared to
make any reduction in the Postage rate between this country and B.C. so
long as the expense of conveying the mails (particularly between San
Francisco and Victoria) remains so heavy.



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Enfield to Under-Secretary of State

With reference to my Letter of the 28th ultimo, I am directed
by Earl Granville to transmit to you, to be laid before the Earl
of Kimberley, a Copy of a Despatch from Her Majesty's Minister
at Washington, inclosing Copies of a Correspondence with Mr
Secretary Fish in regard to the Census which has been recently
taken by the United States Authorities in the Island of San
Juan.

I am to add that Lord Granville intends approving Sir Edward
Thornton's proceedings.



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No. 12

I have the honor to forward for Your Lordship's information a
copy of correspondence which has passed between Lord Lisgar and
myself, partly by telegraph, respecting certain resolutions of
the Legislative Council proposing modifications of the present
British Columbian Tariff in lieu of the adoption of the Canadian
Schedule of Duties upon the Union of this Colony with the
Dominion.

2. By the terms of Union arranged with the Government of Canada
it is agreed that the existing Tariff and Excise Duties of
British Columbia shall continue in force until the proposed
Railway from the Pacific Coast and the system of Railways in
Canada shall be connected, unless the Legislature of British
Columbia should sooner decide to accept the Tariff and Excise
Laws of Canada. If the alternative is strictly limited to this
option, the decision of the majority will be in favor of the
Canadian Tariff, which on most Articles of general consumption
is much lower than the scale of duties now collected here. I
enclose for Your Lordship's information a Comparative Statement
of the two Schedules.

3. A large and influential section of the Community and the
Council, however, dread the effect of the Canadian Tariff and
Excise Laws upon the Agricultural and Manufacturing interests of
the Colony. The chief objection to that Tariff is the low scale
of duties levied upon Cereals. Flour being admitted at a very
low rate of duty it is alleged that the erection of Mills and
the establishment and development of an important branch of
Industry will be prevented; and that, in the absence of Mills,
Wheat will not be grown.

4. The Excise Laws of Canada will it is feared bear hardly upon
the Brewers who are at present exempt from any duty, in which
case it is said a smaller quantity of Barley will be grown and
thus both Brewers and Farmers would suffer.

5. The great difference in the rates of duty on Spirits in the
two Tariffs is one main inducement to the advocates of the
Canadian scale to press for its adoption. It is sought
therefore to effect a compromise, by which, certain alterations
being made on specified Articles, the remainder of the present
British Columbian Tariff may, at all events for the present, be
retained, and with it our own Excise Law which only applies to
Distilleries.

6. The Council accordingly propose to the Canadian Government
that the duty on Spirits shall be reduced to the Canadian rate,
viz: Eighty cents, per Gallon; the duty on Flour to seventy-five
cents per barrel; (present British Columbia rate One Dollar and
Fifty Cents) and the duty on Wheat to Ten cents per bushel,
(present British Columbia rate Thirty-five Cents per hundred
pounds). And that British Columbia shall enter the Union with
her own Tariff so amended. The rates thus proposed are in no
case lower than those which would be adopted in the Canadian
Tariff so that Canada would suffer no pecuniary loss; and if
British Columbia may at all be allowed to retain for a time a
scale of duties different from that prevailing in the Dominion,
I do not see that the changes which are desired are
objectionable in principle.

7. Supposing the Canadian Government to assent to this proposal
time will not be afforded to make the alteration in the present
Session of the Legislature of this Colony, which will be the
last before Union; and the Attorney General doubts the
competency of that body to make any such alteration after assent
to the terms of Union, having reference to the language of the
agreement there embodied. But by consent of both parties
concerned what is desired may be obtained. And it is submitted
that if the Canadian Parliament assent to the proposal and such
assent is embodied in their Address to the Queen, reciting the
Resolution of the British Columbian Legislature to which assent
is given, the arrangement may then be carried into effect by
Order of the Queen in Council declaring the Union of this
Province with the Dominion.

8. As I have stated in my Despatch to Lord Lisgar, Mr Trutch,
who has already proceeded on his way to Canada, has been
instructed to afford all necessary information to the Canadian
Government, and on his arrival in London he will be able to
acquaint Your Lordship with the result of the negotiations upon
this subject.

9. I have succeeded in separating the acceptance of the terms,
from any questions upon this matter. And in the event of the
Government of Canada declining to meet the wishes of the
Council, they are prepared to enter the Union with our own
Tariff as it stands under the Agreement in the terms of the
Address.



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No. 15

I have the honor to acknowledge the receipt of your Despatch of the
22nd December No. 163 informing me of the names of Gentlemen returned as
elective members of the New Legislative Council of British Columbia and reporting
 that you had provisionally appointed the following Gentlemen to be
members of the Council, Mr. P.J. Hankin, Mr. G. Phillippo, Mr. W.O.
Hamley, Mr. A.F. Pemberton and Mr. G. Alston.

I transmit to you herewith the Queen's Warrant appointing these
Gentlemen.

I have to convey to you my approval of the Proclamation which you
issued convening the issue a Meeting on the 5th January.

Her Majesty's Government have learnt with much satisfaction from
your telegram dated the 20th January that the Council had passed
unanimously an Address to the Queen in favor of Union with Canada and I
readily leave it to your judgment to decide as to the time and manner of
bringing forward the question of Responsible Government.



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No. 13

I have the honor to forward to Your Lordship an authenticated,
and two plain copies of an Act entitled—

An Act to alter and amend the Constitution of this Colony.

The usual Report from the Attorney General is annexed.

2. I acquainted Your Lordship in my Despatch No 163, of the
22nd December, last that I was aware of a very strong and
general popular feeling in favor of the introduction of
Responsible Government on the Union of this Colony with
Canada, and that after an Address to the Queen for this purpose
should have been passed I should think it expedient to introduce
a Bill to effect such enlargement and modification of the
present Legislative body as would permit the introduction of the
desired system. In my Speech on the opening of the Legislative
Session, transmitted in my Despatch No 1 of the 11th January,
I referred to this subject for the purpose of ascertaining the
formal opinion of the Legislative Council upon the question.
And in reply a Resolution was transmitted to me requesting that
I would submit a Bill "to enlarge the number of representative
Members, excluding
nominated Members from the Council, so as to enable a new
Legislative body, and the form of administration known as
Responsible Government to come into operation at the first
Session of the Legislature subsequently to the Union of the
Colony with Canada."

3. The Executive Council agreed with me that it was desirable
to introduce this measure, and that the concession now of what
is desired, and would certainly be successfully striven for
after Union if now withheld, would conduce much to the future
tranquillity of the Colony, and facilitate the working of other
impending changes by removing causes of agitation and political
dissatisfaction. I still believe that the system of Responsible
Government is in advance of the development of the Colony, and
that the existing Legislative Constitution would be sufficient
for all local purposes after Union if it were allowed to work
without factious opposition. But, on the other hand, that
opposition would be instant and incessant, and no cordial
support would be rendered outside of the Official circles. And,
moreover, after the concession of so free and full a system of
self-government to the Province of Manitoba as that bestowed by
the Canadian Act of 32 & 33 Victoria Chap. 3 it would scarcely
be possible to withhold the same confidence from the people of
this Colony.

4. The Act which I now transmit was very carefully prepared by
the Attorney General in conference with myself, and considered
in Executive Council. It has given almost universal
satisfaction and has induced a state of general political
tranquillity even among the busiest of the political agitators.
Another measure is intended to accompany this for the regulation
of Elections, in which will be contained provisions for the
qualification of Voters, Registration, and other arrangements
which would be necessary in any case, even if the present
Council were to be retained. And this latter enactment I hope
to forward by the next Mail.

5. In selecting the new form of Constitution I have preferred
as a model that of Ontario, namely a single Legislative
Assembly. According to my experience a Legislative Council as a
second Chamber answers few useful purposes in a small community,
and none that counterbalance the disadvantages attaching to risk
of collision between the two branches, and to the withdrawal of
many influential members of the Community from seats in the
lower House, which they would otherwise probably hold with
greater public advantage, as the real political work will always
have to be accomplished in the lower Chamber whether the Members
of the second are elected or nominated.

6. The number of Representatives has been fixed at Twenty-five,
as the largest which can reasonably be taken in so small a
population. A fewer number is not desirable for the system it
is intended to set in motion, as in proportion to their fewness
will be the probability of decisions upon public affairs being
influenced by personal feelings and corrupt combinations.

7. The representation I have divided as equally as possible
between the Mainland and Vancouver Island, giving the
Twenty-fifth member to the Mainland, which I believe to be the
fair arrangement for the present at all events, although an
attempt was made in the Legislative Council to secure a larger
number of seats for the Mainland. But, in fact, if
representation were to be based strictly on population I believe
the Population of Vancouver Island now to be more numerous than
that of the rest of the United Colony. Although probably that
will be more immediately increased by any stimulus to prosperity
which may follow from Confederation, the employment afforded by
the public works which are proposed, and any development of new
Gold fields of which there is now some promise.

8. The Act contains an important provision for the constitution
of the Executive Council (Sec. 3) which would have to be made in
some other manner in the absence of this measure. At present
this body is constituted by the Governor's Commission and the
Royal Instructions, of which the provisions though still
operative in the cases of Colonies like Newfoundland remaining
in direct communication with the Colonial Office, will not be
applicable after the Union of British Columbia with Canada. The
arrangement for the already united Provinces have been made in
the Imperial Act of Union, and those for Ontario and Quebec
(Sec. 63) have now been followed and adapted to this Colony by
this local Act, which will continue in operation on the Union by
the effect of the 14th Article of the terms of Union.

9. Sections 38 & 39 contain provisions for a pecuniary
allowance to Members of the Legislative Council during their
attendance, and for payment of their travelling expenses. No
doubt the cost of Government will thus be largely increased, but
I regard the expenditure as necessary. The provision is made in
all the other North American Provinces and can scarcely be
avoided here, where indeed it will be more required in order to
induce eligible persons to come forward as representatives of
distant districts who would otherwise be deterred by the expense
of travelling and residence at the Seat of Government during the
Session being added to the inconvenience of absence from their
usual places of business and abode.

10. Your Lordship will not fail to observe that this Act
contains a suspending clause (Sec. 47) which provides that it
shall not come into operation until Her Majesty's assent has
been given, nor then until a date to be fixed by the Governor by
proclamation. But this date must be one prior to that of the
Union in order that the Act should form part of the Law of the
Colony at the time of admission. It is not intended, or
desirable that the Queen's assent should be given unless the
Union of the Colony with Canada has become certain within a
specified time. In the very improbable event of the occurrence
in Canada, or in England of any obstacle to the speedy
accomplishment of the Union, I do not recommend this Act for
confirmation, and it can be laid aside until the time is right
for its application.



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No. 15

I have had the honor to receive Your Lordship's Circular
Despatch of the 4th January transmitting for my information and
guidance an Extract of a Letter from the Board of Trade having
reference to a question which has recently arisen in the Colony
of Trinidad as the Rules to be observed in the measurement of
the Tonnage of Foreign Vessels.

2. Your Lordship requests to be informed whether the practice
advocated by the Board of Trade, viz: that Tonnage dues should
be levied on Foreign Vessels according to their Tonnage as
ascertained by English measurement has been adopted in this Colony.

3. Up to the present time the practice has been to charge
tonnage dues on Foreign Vessels according to their own
measurement taken from their Certificate of Registry. There has
never been a complaint or objection in consequence. By adopting
the plan now laid down, for the first time in this Colony, there
will be a loss to the Revenue though to no great extent.
Foreign Vessels, other than American, rarely come to our Ports,
except from time to time to Burrard Inlet to load with Lumber.

4. In future the instructions of the Board of Trade shall be
complied with.



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No. 14

I yesterday received a Telegram from Your Lordship dated 10th
February, as follows:

Her Majesty's Government have learnt with much
dissatisfaction
of the unanimous passing of the Address by the Legislative
Council for Union with Canada.

2. This Telegram was accompanied by a Message from the San
Francisco Office dated on the 17th instant stating that

Cable (Message) of 10th was repeated from terminus of Western
Union lines the same as original. If receiver desires another
repetition Cable tolls will have to be collected thereon,
notifying Cable Room, New York if you want it repeated from
London.

3. At the same time I received a Note from the Agent of the
Telegraph Company at Victoria as follows—

I enclose foregoing instructions to this Office from San
Francisco relative to Cable Telegram of the 10th instant. The
Despatch was received here on the 10th but held till now for
correction. There is scarcely a doubt the prefix "dis" is unintentional, the Cable Company being in error. Should you
wish it repeated from London, however, I will order it at once
at a cost of Forty-five Dollars ($45.00).

4. As I had no doubt about the policy and instructions of Her
Majesty's Government upon the subject of the Union, I had no
hesitation in assuming that the prefix "dis" was accidental, and
I did not therefore regard it as necessary to have the Message
repeated. My purpose had been served by ascertaining that Your
Lordship had received my Message. But as this is a striking
example of the manner in which the whole meaning of a
Telegraphic Despatch may be changed by a very trifling error, I
have thought it right to acquaint Your Lordship with these
particulars, in order that it may be ascertained at least that
there was no mistake in the original message.



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Enfield to Under-Secretary of State

With reference to my letter of the 15th Instant, I am directed
by Earl Granville to transmit to you for the information of the
Earl of Kimberley, copies of a despatch and of its inclosures
from Sir E. Thornton, in regard to the Census recently taken in
the Island of San Juan by the United States authorities.



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No. 16

I have the honor to forward for Your Lordship's information a
Copy of a Resolution of the Legislative Council requesting, with
reference to the appointment of a joint Commission by her
Majesty's Government and the Government of the United States to
settle all international difficulties, that I will represent to
Her Majesty's Government and also to the Government of Canada
the great importance of the Island of San Juan to the Dominion
of Canada, as well as the undoubted claims of the Crown to the
same; and the desirability of settling the boundaries of the
possessions of the United States North of British Columbia; and
further that the question of the Fisheries in the Pacific be
considered at the same time.

2. Her Majesty's Government are already so fully informed with
regard to the Island of San Juan, that I need not offer any
observations on this subject.

3. As regards the other two subjects mentioned in the
Resolution, the language and intention of the Council are
obscure. The utility is questionable at present of any more
precise definition of the boundaries of the United States (late
Russian) territories to the North of British Columbia, than is
already laid down in the Convention between Great Britain and
Russia of the 28th/16 of February 1825. To run a boundary line
and place landmarks along "the summits of the Mountains situated
parallel to the Coast as far as the point of intersection of the
141st degree of west longitude" is scarcely practicable. The
fourth Article of the Convention, however, provides that when
the summit of the mountains shall prove to be at the distance of
more than ten marine leagues from the ocean the limit shall be
formed "by a line parallel to the windings of the Coast and
which shall never exceed the distance of ten marine leagues
therefrom." It is to the uncertain character of this line of
demarcation that I am led to believe the Resolution of the
Council refers.

4. It is not clear what is meant by the Council as "the
question of the Fisheries in the Pacific;" for I am not aware
than any such question has ever arisen. I am informed, however,
that the object aimed at by the Council is that the same rights
which may be claimed by, or conceded to the United States in
British waters on the Atlantic coast should be conceded to
British subjects on the American Coast on the Pacific. This
appears to me to have been already sufficiently settled by the
first Article of the Convention of 1825, supposing that
Convention to be still operative. But I observe that the
provisions of that Treaty appear to have been temporary, and
although continued in force by the later Treaty of 31st
December 1858 (12th January 1859) this latter agreement was
only made for ten years and further until after twelve months
notice should be given of an intention to terminate the same.
As the ten years have now expired the terminable character of
existing arrangements may render some fresh agreement
necessary or expedient.

5. I should add that I was not aware of the intention to move
this Resolution until after it had been passed or I should have
endeavoured to secure that the objects of the Council should be
more clearly expressed. But, I have not thought it expedient to
return it to them for reconsideration lest public discussion
here should awaken jealousy and opposition in the neighbouring
American territories which might produce difficulties in any
negotiations at Washington.



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No. 16

I have the honor to acquaint you that I have had great pleasure in
submitting your name to Her Majesty for the Honor of the third class of
the most distinguished order of Saint Michael and St. George, and that
Her Majesty has been graciously pleased to approve of that
recommendation and to give direction for your appointment.

The grant of the dignity with the insignia will be conveyed to you
by the Secretary and Registrar of the order.



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No. 17

I have the honor to forward to Your Lordship an authenticated
and two plain copies of an Act passed by the Legislative
Council entitled—

An Act to amend the Tolls Exemption Ordinance, 1865.

2. The Attorney General's Report is annexed.

3. This Act is practically a measure of relief to the owners of
a certain Flour Mill which is on the wrong side of the Toll Bar
at Clinton. All the other Flour Mills in the Upper Country are
beyond the Toll Bar, and the Wheat with which they are fed is
already exempted from tolls, while the chief Market for all the
Flour produced is also beyond, in the Mining Districts of
Cariboo, and Omineca, where gold fields have recently been
discovered. The result is that almost all Flour consumed is
already free from Toll, and the Mill below the Toll gate is
placed at a great disadvantage in competing with its rivals,
while the Public gains little or nothing by the retention of the
Toll on Flour which is not collected. Little foreign flour is
now used above the Cascade range, our own production being
sufficient; and the cost of carriage in the case of Foreign
flour constituting ample protection.

3. I regard this measure as just, harmless to the Revenue, and
I recommend it for confirmation.



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No. 18

I have the honor to forward to Your Lordship an authenticated,
an[d] two spare copies of an Act passed by the Legislative
Council entitled—

An Act granting a Supplemental Supply of $45,969 and Seven cents
out of the General Revenue of the Colony of British Columbia and
its dependencies for the Contingent service of the Year 1870.

2. I enclose the usual Report from the Attorney General, and I
annex that of the Auditor upon the Supplementary Estimates on
which the Bill is founded, and which will afford all the
necessary information.



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No. 19

I have the honor to forward with the usual Report from the
Attorney General, an authenticated and two plain copies of an
Act passed by the Legislative Council entitled—

An Act respecting Literary Societies and Mechanic's Institutes.

2. Your Lordship will observe that a verbal amendment which was
recommended by the Attorney General in respect of the Bill as it
was first submitted to me has since been made by the Council at
my suggestion.

3. I am not aware of any objection to Her Majesty's assent to
this Bill.



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Wolleyto Under-Secretary of State

I am commanded by my Lords Commissioners of the Admiralty to
request you will inform the Earl of Kimberley that Rear Admiral
Farquhar in a letter dated the 17th January reports that the
"Scylla" had left Esquimalt on the 4th October last to visit
Nanaimo, Bute Inlet, Port Augusta, Departure Bay and Burrard
Inlet; also that the "Sparrowhawk" had been employed conveying
the Governor of British Columbia on a tour of inspection,
visiting the various ports on the Coast of Vancouver, and had
afterwards proceeded to Nanaimo to prevent outrages on the part
of the disaffected miners.



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Confidential

With reference to my Confidential Despatch dated the 6th February
last I transmit to you herewith Copies of further correspondence between
Sir E. Thornton and Mr. Fish respecting the census recently taken in San
Juan by the United States authorities, and the form of note to be
 appended to the Census Returns, as explanatory of the circumstances
under which British subjects had been included in the enumeration of the
population of that Island.



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No. 17

I have the honor to acknowledge the receipt of your Despatch No.
118 of the 25th August on the subject of Land Privileges to Naval and
Military Officers desirous of settling in British Columbia.

You observe that the preemptive system in force in the Colony is so
liberal that there is little motive to take any advantage of the revised
Regulations, but you suggest in case of future applications that the
grant should be issued if [the applicant] adduces evidence that he or
his family has resided continuously for two years and for the purpose of
this residents improvement must have been made by the erection of
Buildings or otherwise fully to the extent of any amount which it would
be fair to gain in the circumstances of the Colony.

I have in reply to express my concurrence in these suggestions, and
they shall be embodied in the Colonial regulations.



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No. 23

I have received your Despatch No. 2 of the 18th January
transmitting returns relative to the hospital[s] of B.C.

I observe with satisfaction the creditable state of those two
Hospitals which are under Government control.

The state of the Lunatics in the Gaols of Victoria and New
Westminster is far from satisfactory. I hope when Confederation takes
place means will be found to provide a provide a proper lunatic asylum.



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No. 20

I have the honor to forward to Your Lordship an authenticated
and two plain copies of an Act passed by the Legislative Council
entitled—

An Act relating to proceedings under the Tax Sale Repeal
Ordinance, 1867.

2. In my Speech at the opening of the Session of the
Legislative Council I referred to the circumstances which have
rendered this measure necessary and the Attorney General's
Report which I enclose sufficiently explains the character of
its provisions.



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No. 21

I have the honor to forward to Your Lordship, with the usual
Report from the Attorney General, an authenticated copy and two
others of an Act entitled:

An Act to repeal the Customs Amendment Ordinance 1870.

2. The circumstances relating to this Act are peculiar and
require some explanation, having regard to the proposed Union
with Canada.

3. The Customs Amendment Ordinance 1870, which I transmitted in
my Despatch No 51 of 28th April 1870 made a special addition of
Half a Dollar per Gallon to the duty on Spirits for the
particular purpose of providing funds to reestablish the
Telegraph to Cariboo. This was no part of the ordinary Tariff,
and avowedly was only a temporary impost, for although the
limitation was not expressed in the Act it was understood that
this extra duty should only be levied for a year.

3. In the event of the assent of the Canadian Government to the
proposals made by the Legislative Council respecting a
modification of the present British Columbian Tariff on entering
the Union, which proposals I have communicated to Your Lordship
in my despatch No 12,

*

of the 16th February, the Act which I now forward would be
useless. But if these proposals are declined then British
Columbia by the Terms of Union will enter the Dominion with "the
existing Customs Tariff," which may be fairly considered as the
permanent Tariff existing at the time when Terms were proposed
by British Columbia, and of which the Legislature regard this
extra temporary provision as forming no part. In legal
strictness, however, there may be some doubt upon this point; as
the temporary character of the additional duty does not appear
on the face of the Ordinance it is desired to repeal, although I
acknowledge that there was an understanding between the Council
and the Government that it should only be continued for a
limited period.

4. This Act has therefore been passed in order to keep faith
with the local Legislature but a suspending clause has been
added to do the same with the Canadian Government, and enable me
to explain to Lord Lisgar as well as to your Lordship the
circumstances of the case before the Act is allowed to take
effect. I think the Canadian Government can not equitably
object to the removal of this extra duty, and I shall request
Lord Lisgar if his advisers assent, to communicate that decision
to Your Lordship.



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No. 18

I have the honor to acknowledge the receipt of your Despatch No. 4
of the 22nd January, and I have much pleasure in informing you in reply
that I fully recognize the value of your services, and will not fail to
note the expression of your desire for further employment when your
tenure of the Government of British Columbia shall have ceased, although
I cannot bind myself by any promise to give effect to your wishes.



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No. 22

I have the honor to forward the usual Copies of an Act passed by
the Legislative Council entitled—

An Act to enlarge the time fixed by the Road Amendment Ordinance
1870 for the sitting of the Court of Appeal constituted under
the said Ordinance during the present year.

2. The Report from the Attorney General is enclosed.



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No. 23

I have the honor to forward to Your Lordship the usual printed
copies of an Act passed by the Legislative Council entitled—

An Act to encourage the introduction into British Columbia of
Thomson's Patent Road Steamers

and I enclose a Report from the Attorney General.

2. I see no objection to this measure; which affords but very
limited favor and protection to the projectors of a spirited and
expensive enterprise, that if successful, will be most
beneficial to the whole community in lessening the cost of
transport and cheapening supplies of all kinds to the mining
Camps and residents in the interior of the Colony.



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No. 24

I have the honor to forward the usual copies of an Act passed by
the Legislative Council entitled—

An Act to amend the Fire Companies Aid Ordinance, 1869.

2. I annex the Report from the Attorney General which
sufficiently explains the object of the measure.



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[Separate]

I have the honor to acknowledge the receipt, on the 8th
instant, of Your Lordship's Despatches, of the numbers and dates
noted in the margin,

*

and to transmit herewith the Schedules of those remaining
unanswered.



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No. 19

I have the honor to acknowledge the receipt of your Despatch No. 7
of the 19th February, forwarding the Address to the Queen from the
Legislative Council praying for the admission of B.C. to the Dominion of
Canada.

I have to inform you that this address has been laid before the
Queen, who has been pleased to receive the same very graciously, and
will take it into consideration when a similar address from the Canadian
Parliament shall have been received.

I have also to acknowledge the receipt of your previous Despatch
No. 3 dated 22nd January, and I have to express to you the approval of
the selection of Mr. Trutch to proceed to Ottawa with a copy of this
address with a view of coming subsequently to England as the
representative of your Government during the preparation in this country
of the necessary Order in Council for the Union of B.C. with Canada.



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Sargeaunt to Herbert (Assistant Under-Secretary)

We have the honor to apply for the Earl of Kimberley's authority
to comply with the enclosed Requisition for 1,000 [fls?]

Rape oil
&c, required by the Government of British Columbia, the
estimated cost of which is £267, exclusive of freight and
incidential charges.

The British Columbia account with this Department shows a
balance of £680 in favor of the Colony, and we hold a Bill
maturing for £2,000.



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No. 20

I have the honor to convey to you Her Majesty's gracious
confirmation and allowance of the Act No. 2 of 1871 of the Legislature
of British Columbia entitled "An Act to exempt the Lane and Kurtz
Cariboo Mining Company from the payment of Duties and Road and Bridge
Tolls on certain Machinery imported and yet to be imported by them for
Mining purposes," a transcript of which accompanied your Despatch No. 11
of the 10th of February 1871.



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No. 21

I have the honor to acknowledge the receipt of your Despatch No. 6
dated 9 Feb. enclosing copy of correspondence which has passed between
Lord Lisgar and yourself respecting the compensation to be awarded to
 Officers now in the service of British Columbia, whose interests may be affected by the Union
of that Colony and the Dominion of Canada and informing me of the
recommendation of the Committee of the Privy Council of Canada that you
should receive six months salary in consideration of the loss and
inconvenience you will suffer in consequence of the abolition of your
Office.

I have much pleasure in authorizing you to accept the offer thus
made to you by the Government of Canada.



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No. 22

I have the honor to acknowledge the receipt of your Despatch No. 10
of the 10th Feb. last, enclosing the appropriation Act 1871 together
with the Estimate upon which this Act is based.

I have to convey to you Her Majesty's gracious confirmation of the
B.C. Act No. 1 of 1871 Entitled An Act to Appropriate the Sum of
$347,535.1c out of the general Revenue of the Colony for the
contingent services of the year 1871.



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No. 25

I have the honor to forward for Your Lordship's consideration a
Memorial submitted to me by Mr Alexander Caulfield Anderson on
the subject of a debt due from him to the Government in respect
of certain lands purchased by him in 1859, and a claim which he
urges to compensation for the advantages which the local
government derived from a Map of British Columbia and notes of
Explorations which had been prepared by him.

2. The original debt due by him Anderson is Eight hundred
and Seventeen Dollars,

*

but the amount has been nearly doubled by accumulations of interest.
Mr Anderson had hoped that his
Map, and the information which had been derived from the Notes of
his explorations of which use had been made in the early days
of the Colony would be accepted as an acquittance of his liability.

3. Some correspondence passed between my Predecessor and Mr
Anderson upon this subject in 1867 and 1868, and Governor
Seymour gave authority for allowing the amount of Two hundred
and fifty Dollars

**

to Mr Anderson for the Map, but this
remuneration he considered inadequate and the matter has
remained in abeyance until Mr Anderson was recently again
called upon to pay the amount due to the Crown Fund.

4. I confess that in my opinion if the Map prepared by Mr
Anderson and the information and assistance afforded to the
Government when very little was known of the interior of the
Colony were worth anything at all, the sum of Fifty pounds was
not such compensation as he might reasonably expect. And that
the information furnished by Mr Anderson who was an early
explorer has been valuable, and may still be so in opening the
communication between this Colony and Canada, I am satisfied
from the papers which have been under my notice.

5. I would therefore recommend Mr Anderson's case to Your
Lordship's favorable consideration. If you should not think it
proper to remit the whole of Mr Anderson's liability, as I
should be disposed to do, I would submit that he might at least
as an act of favor in consideration of his services, be
discharged from the interest which has accrued on his purchase
money, and also be allowed the amount of Two hundred and fifty
Dollars which Mr Seymour had authorized to be paid to him.



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No. 26

I have the honor to forward a Copy of a Letter from Mr Charles
Good, Assistant Colonial Secretary, making application to Your
Lordship for promotion.

2. I am glad to be able to bear favorable testimony to Mr
Good's character and capacity; and I should have had pleasure in
placing him in a better appointment, for which his intelligence
and education would fit him, if I had been afforded an
opportunity to do so. Unfortunately for him the probability of
his advancement will be much further diminished after the
accomplishment of the Political changes which are now impending;
and it is for this reason that he now hopes for Your Lordship's
favorable consideration.

3. I have granted Mr Good three month's double vacation leave
of absence. Except for a very short period he has not been away
from the Colony for twelve years.



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No. 27

Referring to my Despatch No 15 of 18th February and Your
Lordship's Circular of 4th January, I have the honor to forward
copy of a Letter from the Collector of Customs on the subject of
the Rules for collecting Tonnage dues on Foreign Vessels.

2. Mr Hamley points out, what had been overlooked and not
previously brought to my notice, that the local Act of which I
annex a copy, imposes the duty per ton register; and as American
Registers do not exclude Crew Space and Engine Room, the terms
of the Law in the opinion of the Attorney General would require
tonnage to be collected on the gross registered Tonnage.

3. Amendment of the Act would therefore be necessary to carry
out the directions of the Board of Trade. But as this Colony
will soon be united to the Dominion of Canada, and all matters
relating to Navigation and Shipping will be transferred to the
jurisdiction of the Legislature of the Dominion, I think Your
Lordship will agree with me in considering it inexpedient to
pass a local Act now which would have but very temporary effect.



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No. 28

I have been requested on behalf of John Linn late of the Corps
of Royal Engineers to forward the enclosed Certificate for
transmission to the proper authorities at the War Office in
order that he may be enabled to draw his deferred Pension on the
23rd July next. I am informed that he was discharged in 1863
with a pension deferred for eight years and that on application
instructions will be sent from the War Office for the payment
when due.



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No. 29

It may now be presumed that the formal declaration of the Union
of British Columbia with Canada will not be deferred for many
months. I do not wish to leave my Post while anything important
remains to be done; but as Your Lordship will observe from the
measures of this Legislative Session when all are transmitted to
you, I have been and am still endeavouring to prepare the way
for the successful operation of the impending changes on the
Confederation of this Colony with the other Provinces; and when
that is completed I shall be glad to have Your Lordship's
permission to relinquish the Government so soon as a Lieutenant
Governor can be appointed from Canada to relieve me. I am most
anxious to proceed to England to obtain the best surgical
advice. I am still a sufferer from the effects of an unfortunate
accident in November 1869 when I sustained a most serious
compound fracture of the right leg. My lameness is yet very
great and painful, arising from distortion of the foot and
contraction of muscles and tendons, and I now have reason to
fear it may become permanent unless I can soon obtain relief
from Surgical treatment and mechanical applicances which are not
to be procured in a Colony.

2. I assume myself to be entitled to the usual travelling
allowance on retiring from this Government, but I believe that
Your Lordship's formal authority for it is necessary before
drawing for the amount and with this I beg to be furnished.



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No. 30

I have had the honor to receive Your Lordship's Circular
Despatch instructing me to endeavour to obtain from the
Legislature the necessary legal authority, if it does not
already exist, to prohibit the Export of Arms from this Colony
when occasion may require.

2. In the case of British Columbia, there are no very near
neighbours likely to be affected by the temporary absence of
such a provision. It is almost certain that the Colony will in
a very short time be united to the Dominion of Canada, and the
matter seems under the provisions of the British North American
Act, 1867 to lie rather within the scope of Dominion than
Provincial legislation. It is advisable that the Law in this
respect should be made uniform in all the provinces by central
authority. And under these circumstances I have thought that
Your Lordship would regard it expedient to postpone legislation
until this Colony is admitted into Union with Canada.



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Nias to Kimberley

I am in receipt of a communication from the Colonial Office
dated the 17th January/71, in which I am informed that "the
Government of British Columbia dispute my Title to the land in
question" and that "my case will be dealt with by the local
Government when Dr Trimble's case is decided upon," and you
further state that "the matter appears to be one to be settled
by a Court of Law."

I must beg to remind your Lordship that it requires a large sum
of money to go to law with Government, that Government pay no
costs if defeated, and the costs would probably exceed the value
of the Land.

The Pre-emption Law was passed to benefit
bona fide
Settlers, and yet I (with hundreds of others) have been ruined
by the policy pursued by the British Columbian Government
officials. In 1862 there were 10,000 white people in the Town
of Victoria, and 40,000 in the two Colonies of BC and VI. Now
there are about 4000 at the utmost. We were driven away by
folly and injustice.

I beg to submit that the BC Government have never given me
notice that they dispute my Title. But at the end of the Four
years which the Law required I should live upon it, refused to
give me a Title.

That I gave them notice of my intention to occupy the Land, by
recording my claims at the Land Office (as the Law requires) Mr
Pemberton (Surveyor General) himself receiving and recording the entry.

That I had to build a house upon the Land and live in it within
one month from the time of recording my claim. This I did do.

That I improved my claim by expending £600 upon it, and myself
and family resided upon it (as the law required)
and they are now residing upon it.

That at the end of four years when I was entitled to claim a
Title—on application I was told that
I had no business to pre-empt that land and that I never
should have a title.

I submit That having allowed me to record my claim—having
allowed me to build my house—Fence in the land—Dig Wells at a
very heavy expense—reside for years on the Land—and comply in
every respect with the very stringent law, without giving me
notice that I was doing wrong. The Government of BC are bound
in honor—in justice—by equity—by every obligation which can
bind Governments and their Subjects, to complete the contract
they entered into with me by the Pre-emption Law and give me a Title.

The Land is Government Land, marked so on the Large Map sent
home by the Hudson Bay Company in
1863 (I believe). No one else claims it openly.
Why then am I refused my Title? My character is unstained &
untainted, but I am poor. My newspaper died, when the
population went (driven) away. The Government Officials are
trying to wear me out by delay, and a cruel trial it has been to
me & my family. It has caused our separation for four years and
what further distress the delay may bring upon them and me I
cannot tell.

I fear the length of this communication will offend you my Lord,
but if you do not interfere in my behalf, I must despair—my
family will be homeless.
You cannot comprehend what this means as your dogs have never wanted
a home. But bear with me, while I point out the result of such
tyranny & injustice.

The land all about me (on one of the principal drives round the
Town) lies a desert, most of it fenced in, but uncultivated, for
upwards of 1 1/2 miles in one direction and 1/2 mile at right
angles in another there is not a house or a garden plot,
although close to the now deserted House of Representatives.

I claim at your hands my Lord, as the representative of her
Majesty, that justice that I am powerless to enforce through a
Court of Law—this

That If I have complied in all and every respect with the
stringent Pre-emption Law, that you will require the BC
officials to carry out that Law, and give me a Title.

Dr Trimble's claim may not be precisely similar to mine. He
may not have complied with the residential or other clauses.
There is no reason for coupling my claims with his except that
ours are the only two legal Pre-emption claims in Victoria
District (equivalent to County).

I beg you again My Lord to consider the loss I have already
sustained. If the Government of 1862 made a mistake they have
no business to punish me for it. If the whole district had been
taken up by
bona fide settlers there would have been a thriving Town and
Colony, where a wilderness now exists.

This surely is a case for a Supreme authority to interfere in.



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No. 31

I have the honor to report that I have appointed provisionally
and until Her Majesty's pleasure be known, Mr Henry Berkely
Good to be Clerk to the Magistrate in Victoria in the room of
Mr Theakstone resigned. I believe Mr Good to be well fitted
for the Office.

2. The Salary attached to the appointment is Twelve hundred
Dollars per annum, hitherto provided by annual Vote; and it is
small as compared with the expense of living. The Office would
offer no advantage to any qualified person transferred from
another Colony or coming out from England.



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[Separate]

I have the honor to acknowledge the receipt, on the 15th
instant, of Your Lordship's Despatches, of the numbers and dates
noted in the Margin,

*

and to transmit herewith the Schedules of those remaining
unanswered.



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No. 32

I have the honor to forward to Your Lordship Printed Copies of
the Speech with which I closed the Session of the Legislative
Council on the 28th instant.



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No. 33

I have the honor to acquaint Your Lordship that I have this day
drawn a Bill on Her Majesty's Paymaster General for the sum of
Fifteen Hundred Pounds on account of the Detachment of Royal
Marines stationed at San Juan Island.



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No. 34

I have the honor to forward the usual Copies of an Act passed by
the Legislative Council entitled—

An Act to prevent desertion from Merchant Ships.

2. I enclose the Attorney General's Report; and as this Act has
been passed in accordance with Your Lordship's instructions, no
further explanation is required.



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No. 35

I have the honor to transmit, with the Attorney General's
Report, the usual copies of an Act passed by Legislative Council
entitled—

An Act to incorporate Charitable, Philant[h]ropic, and Provident
Associations.

2. I see no objection to the confirmation of this Act by Her
Majesty.



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No. 36

I have the honor to transmit with the Attorney General's Report
the usual copies of two Acts passed by the Legislative Council
entitled respectively—

An Act to repeal certain Acts, Ordinances and Proclamations.

and

An Act for compiling and printing a new Edition of the Laws
of British Columbia.

2. The Attorney General's Report sufficiently explains the
character and intention of these measures. The Commission by
whom they were prepared was composed of Mr Justice Crease the
Attorney General, and Mr Alston the Registrar General of
Titles, who is also an English barrister. An revised and
expurgated Edition of the Laws actually in force has long been
much wanted. And I strongly recommend these Acts for
confirmation.



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No. 37

I have the honor to transmit the usual copies of An Act passed
by the Legislative Council entitled—

An Act to enable the Governor to grant Charters for Road Tolls.

2. I enclose the Attorney General's Report which explains the
character and intention of this useful measure, which I submit
for Her Majesty's approval.



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No. 38

I have the honor to transmit, with the Attorney General's
Report, the usual copies of an Act passed by the Legislative
Council entitled—

An Act to abolish Road Tolls on all Articles coming from the
interior of the Colony in the direction of the Seaboard.

2. This measure will not cause any loss of Revenue, for the
liability to tolls and costliness of carriage has hitherto
prevented any attempt to export from the interior Articles which
might perhaps have been turned to profitable account. But, as
the Attorney General points out, the introduction of Thomson's
Patent Road Steamers has excited the hope that the expense of
freight will soon be much lessened; and as it is very desirable
not to obstruct the growth of any economical industry in saving
what is now wasted for lack of cheap transport, I have no
hesitation in recommending this Act for Her Majesty's
confirmation.



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No. 39

I have the honor to forward to Your Lordship the usual copies of
an Act which has been passed by the Legislative Council entitled—

An Act to provide for a permanent Civil List.

2. The Attorney General's Report is enclosed.

3. A suspending clause has been inserted in order that the
measure should have your full consideration before coming into
effect, but I have no doubt that your Lordship will regard it as
an act of common justice to the present Official servants, that
the appointments which they hold should be placed upon a legal
basis before the changes take place which will be consequent
upon Confederation. It has not surprised me, however, that the
measure has been met with a good deal of opposition both in and
out of the Legislature from a certain class of politicians.
These have little sense of justice, and would have none of mercy
towards incumbents whose Offices they covet. And they view with
disapprobation any course which tends to prevent summary
extrusion of present office-holders to make room for themselves
or their adherents.

4. I need not repeat the explanations which are given in the
Attorney General's Report. It will be obvious to Your Lordship
that the provision now made is permanent only in a limited
sense. If the Government which shall be established after Union
with Canada should desire deliberately to modify the Civil
Establishment it will be quite practicable to amend the Act; but
until this is done the measure will protect present
Office-holders from sudden stoppage of their Salaries by refusal
of the annual votes on the Estimates; and on the other hand
guard against jobbing combinations for the increase of
emoluments to popular favorites, and additions to the number of
offices, which are quite as likely. It will probably be some
little while before Responsible Government becomes sufficiently
organized to preclude those contingencies, and unjust effects
from them.

5. The amounts named in the Schedule to the Act, with
exception of a few additions for which I think there is good
reason, have been voted annually for several years. The value
of the Salaries here is less than half that of the same sum in
Canada and they do not in my opinion admit of reduction. The
additions to which I refer are the increase of the Salary of the
Surveyor General, or Assistant to the Commissioner of Lands and
Works, Mr Pearse, from Nineteen hundred Dollars to Two
thousand, Four hundred and Twenty-five Dollars, which had in
fact been promised to him by my predecessor; and of the Attorney
General's Clerk to Seventeen hundred and Fifty Dollars. This
latter Official is a capable and deserving person, and his
functions will be of greater importance to the Attorney General
as Assistant when that Office forms part of a moveable political
administration. A slight increase has also been made to the
Salary of the Magistrate's Clerk at Victoria and to the pay of
the printing branch of the Colonial Secretary's Department. But
none of these matters of detail have been objected to in the
Council or otherwise.

6. The amounts for Heads of Departments, the Colonial
Secretary, Commissioner of Lands and Works and Attorney General
have been retained as in the Crown Salaries Act 1863. I think
it would be especially unwise to reduce them and lessen the
inducement to men of education and character to come forward to
assist in the administration of public affairs at this juncture.

7. It may be proper to observe that this Act does not include
any of the Officers or Departments to be transferred to the
Government of the Dominion on Union with Canada, it having been
arranged specially, as the Attorney General remarks, with
reference to the requirement of the local Government after
Confederation; and I do not believe that any part of the
Establishment provided for can be reduced with advantage.



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No. 40

I have the honor to forward to Your Lordship the usual copies
of four Acts passed by the Legislative Council entitled respectively—

An Act to amend the Law as to the Qualification of Electors, and
of Elective Members for the Legislature, and to provide for the
Registration of Persons entitled to Vote at Elections of such
Members, 1871.

An Act to regulate Elections of Members of the Legislature
of this Colony, 1871.

An Act to prevent Bribery, Treating, and undue influence at
Elections of Members of the Legislature, 1871.

and

An Act to make provision for enquiring into Controverted
Elections and Disputed Returns of Members to serve in the
Legislature, 1871.

2. I enclose the Report of the Attorney General, and it is not
necessary for me to add much to the explanations therein
contained. The first three measures do not differ in principle
from others which have been commonly adopted elsewhere; and the
principle of the Controverted Elections Act, although I forward
to Your Lordship a protest against it from the Judges of the
Supreme Court, I regard as very important in any Colony, but
specially so in this one under the arrangements which it is
proposed to establish.

3. Your Lordship will observe that the first Act of the series
providing for the Registration of Voters also requires a
qualification in respect of Electors. In my Despatch No 136 of
the 17th October last, I have my reasons for not attempting to
impose any condition of this kind at the Elections for the
present Council. I still doubt whether the qualifications which
are now required will much affect the result of any election;
but I found a strong opinion prevailing among our official
members of the Legislature that it would be undesirable to
formally establish manhood suffrage by an Act of the
Legislature; for in this case it would be practically impossible
at any subsequent time to withdraw it; while it will always be
open to the Legislature to relax a restriction and more easy to
modify the provisions in any direction if the principle is now
asserted that some qualification for the elective franchise is
necessary. Still it has not been found practicable to do more
than require what is at best but a very slight qualification.
The chief value of the Act is that whatever may confer the
elective franchise the right to exercise it must be registered,
and after this year must have been possessed for three months
before registration. These and other auxiliary regulations will
I think effectively restrict the elective power to settled
residents who have some substantial interest in the Colony.

4. With regard to the Controverted Elections Act, Your
Lordship will consider the objections urged by the Judges of the
Supreme Court. As I have assented to the Act subject to Her
Majesty's confirmation, it is scarcely necessary to say that I
do not concur in the views of Mr Begbie and Mr Crease, but
some explanation of my reasons is desirable. If the Judges had
had the same experience in the working of Colonial
Representative Constitutions as both the Attorney General and
myself have acquired in other places, I do not think they would
hold the opinion they now entertain. It would not require
experiment now to teach me what to expect from the action of
Colonial Election Committees, but in fact I am informed that
experience here during the existence of the separate Vancouver
Island Legislature fully justifies the conclusion at which I
have arrived. I believe that every reason which induced the
disregard of the Judges objections in England would apply in
this Colony with greater force. Almost all the arguments which
have been used against the jurisdiction in Controverted
Elections being given to the Supreme Court are more closely
applicable to its being left to the Assembly, which will be a
political body liable to be swayed by political motives.
Whereas in fact by the operation of the Registration of Voters
Act it will scarcely be possible that any Election should be
controverted except on the ground of Bribery and other corrupt
practices which will be offences against the Law, and as such
properly cognizable by a legal Court. I do not regard a
Colonial Legislature as a natural tribunal to adjudicate upon
matters of that kind nor think it at all desirable that they
should be so constituted; even though Colonial public opinion
might be satisfied by such a tribunal; for in any case great
consumption of the time of the Legislative body is caused by
the trial by them of disputed Elections. But, the great merit
of the measure in my estimation is that it will operate to
prevent Controverted Elections. Let them be referred to the
Court, to treat infractions of the Election Laws as common
offences, and there will probably not be one reference to the
Court in ten general elections. Allow the Assembly to deal with
them and there will be Petitions on almost every occasion,
political jobbery, corruption, and pretences to Parliamentary
supremacy over ordinary law to which in fact a Colonial
Legislature has no title though the claim to it has caused much
mischief in other places.

5. I do not share the dread of the Judges either that "supreme
political power" would be placed in their hands, or that their
independence would be destroyed, which Mr Begbie alleges to be
the main grounds for his objection to the jurisdiction. I have
no fear that the fate of any administration would ever depend
upon a Judges decision, nor on the other hand would be in any
case, under Confederation or not, be removable by the local
government, and his Salary is provided for by Act; and this
places him at once above any unworthy influences and makes him
an impartial referee much more so, indeed, than in many cases
which might come before him, such as I have known, in which the
Acts both of the Government and the Legislature have been
arraigned.

6. Mr Crease succinctly objects to the measure, as
"unnecessary, inexpedient, ineffective and dangerous." I differ
from him on all these grounds. I think it not "unnecessary"
because the history of the Assembly of Vancouver Island
exhibited the same tendencies here which have been observed
elsewhere; and the present Legislature knowing this have
willingly adopted the principle under discussion by a unanimous
vote. I think its "expediency" even greater here than in
England, because of the lack of a high standard of public
opinion in small communities. It will be at least as
"effective" as a matter of convenience, because if the
Legislature should try Election petitions, all such
Petitions must be brought to Victoria for hearing, while if the
Court adjudicates the question can be brought before the Court
on circuit, and if necessary a special Court can be held in a
convenient place. I cannot regard it as in any sense
"dangerous" to the free administration of the Law, even to so
great an extent as it would be for the Court to decide upon any
point of Constitutional Law, in which the local Government
might be concerned, upon which a legal judgment should be
required. And I look upon any regulations as valuable and
important at this particular juncture in public affairs which
will assist to assert the principle that even Colonial
Legislatures, Responsible Governments, and popular majorities
must discharge their functions according to Law. I do not like
to suppose, that any such consideration affects the view taken
by the Judges; but the only objection that I can see is that
this Act will in some slight degree add to their duties and
responsibilities.



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FILE: 1871-04-06_Kimberley_to_Musgrave_B717024.txt
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No. 24

I have the honor to convey to you Her Majesty's gracious
Confirmation and Allowance of the Act, No. 11 of 1871, for the
Legislature of British Columbia entitled "An Act to enlarge the time
fixed by the Road Amendment Ordinance, 1870," for the sitting of the
Court of Appeal constituted under the said Ordinance, during the present
year a transcript of which accompanied your Despatch No. 22 of the 10th
March 1871.



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FILE: 1871-04-06_Musgrave_to_Kimberley_B71041.txt
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No. 41

I have had the honor to receive Your Lordship's Circular
Despatch of the 31st December, last, respecting the question of
enabling the Courts of one Colony to try offences committed
within the jurisdiction of another, and transmitting a copy of
a Draft Bill founded on one prepared by the Chief Justice of
Western Australia to effect that object.

2. Such a measure would have scarcely any effect as regards
this Colony. It is so far removed from any other British
Possessions that the expense of obtaining evidence would in most
cases be far greater than that of sending the accused person
for trial to the place where the offence was committed, under
the provisions of the 6 & 7 Victoria, C. 34. And as nearly all
persons coming to, or going from British Columbia pass through
the United States, no evidence as to the disposition of stolen
goods is likely to be obtained here, or in any British
Possession to which an accused person might proceed from hence.
I readily, however, perceive the value of the proposed measure
as regards a group of British Possessions like the Australian
Colonies.



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FILE: 1871-04-08_Musgrave_to_Kimberley_B71042.txt
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No. 42

Referring to Your Lordship's Despatch No. 5 of 24th Janry. last,
I have the honor to transmit the form required to be filled up
by Mr. Ball respecting his application for a Naval Cadetship for
his son, and to tender you his grateful thanks for your
Lordship's consideration of his request.



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FILE: 1871-04-08_Musgrave_to_Kimberley_B71043.txt
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No. 43

I have the honor to forward to Your Lordship the usual copies of
an Act passed by the Legislative Council entitled—

An Act to amend the Investment and Loan Societies Ordinance,
1869.

2. The Attorney General's Report is enclosed. I am not aware
of any objection to Her Majesty's approval being accorded.



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FILE: 1871-04-08_Musgrave_to_Kimberley_B71044.txt
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No. 44

I have the honor to forward to Your Lordship the usual copies of
an Act passed by the Legislative Council entitled—

An Act to exempt in certain cases Cattle farmed on Shares and
their increase from the operation of any Bankruptcy or
Insolvency Laws.

2. The Attorney General's Report fully explains the object of
this measure. In the circumstances of this Colony I regard the
provisions it contains as desirable, and I recommend the Act for
Her Majesty's approval.



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FILE: 1871-04-08_Musgrave_to_Kimberley_B71045.txt
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No. 45

Referring to my Despatch No 39, of the 31st ultimo,
transmitting the "Civil List Act, 1871," I have the honor to
forward a Copy of a Letter from Mr Rocke Robertson the Mayor of
Victoria with Resolutions passed at a Public Meeting held at
Victoria on the 31st ultimo respecting that measure.

2. I need scarcely point out to Your Lordship that it by no
means follows that these Resolutions at a meeting of a section
of local
 "politicians" in Victoria express the views of the
people of the Colony at large; nor that I have not regarded it
as opposed to the Imperial Policy to keep good faith with a
class of persons who have been appointed to their present
Offices by Her Majesty's Government, and who
 ought not to suffer
from proposed political changes. The Act is only in a limited
sense of a permanent character. It simply secures that no
changes shall be hastily made without deliberation, and without
the approval of the Governor General advised by his Ministers;
while it does not
 in any manner confer a claim to pensions. The
efficiency of the present staff may be held to be sufficiently
tested by experience; and, as Your Lordship is aware, the
payment of Salaries by Warrant from the Governor is only the
usual mode of proceeding.

3. In fact Your Lordship will perceive that the
 Resolutions are
based upon misrepresentations, although these have been
authoritatively contradicted. And, that such erroneous views
should have been entertained and persisted in, I must admit does
not tend to create a very high opinion of the common sense of
the Meeting; or, if they
 were fairly represented there, of the
ability of the people to form correct opinions upon public
questions, and their fitness for self-government.



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FILE: 1871-04-10_Kimberley_to_Musgrave_B717025.txt
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No. 25

I have the honor to convey to you Her Majesty's gracious
Confirmation and allowance of the Act of the Legislature of British
Columbia, No. 7 of 1871, entitled "An Act relating to proceedings under
'The Tax Sale Repeal Ordinance 1867'" a transcript of which accompanied
 your Despatch No. 20 of the 7th of March 1871.



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FILE: 1871-04-10_Miau_to_Colonial_Office_B715WA01.txt
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[Miau?] to Colonial Office

With reference to previous correspondence relative to a claim by
this Department of £675.2.4 for Stores supplied for the service
of the Colonial Government of British Columbia, and to the
letter from the Colonial Office of the 8th June last, I am
directed by Mr Secretary Cardwell to request that you will
inform me whether the Colony is now prepared to settle the claim
in question, or any portion thereof.



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FILE: 1871-04-11_Julyan_to_Chief_Clerk_B715AG02.txt
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Julyan to Chief Clerk

The enclosed letter is an Authority to the Chief Cashier of the
Bank of England to deliver to the Crown Agents for the Colonies
the New Zealand Government 5 per cent Debenture Bond No 1818
for £500, belonging to the British Columbia Sinking Fund (series
1873), for which you are one of the Trustees, which was drawn on
the 17th ultimo, and will be paid off on the 15th instant.

The proceeds, when received, will be reinvested in the purchase
of another New Zealand Government Bond for a like amount.



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FILE: 1871-04-11_Kimberley_to_Musgrave_B717026.txt
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No. 26

I have the honor to convey to you Her Majesty's gracious
Confirmation and allowance of the Act of the Legislature of British
Columbia No. 8 of 1871 entitled "An Act to encourage the introduction
into British Columbia of Thompson's Patent Road Steamers" a transcript
of which accompanied your Despatch No. 23 of the 10th of March 1871.



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FILE: 1871-04-12_Kimberley_to_Musgrave_B717027.txt
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No. 27

I have the honor to convey to you Her Majesty's gracious
Confirmation and allowance of the Act of the Legislature of British
Columbia, No. 10 of 1871 entitled "An Act to amend the 'Fire Companies
Aid Ordinance, 1869'" a transcript of which accompanied your Despatch
No. 24 of the 10th of March.



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FILE: 1871-04-12_Musgrave_to_Kimberley_B71045SP.txt
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[Separate]

I have the honor to acknowledge the receipt, on the 11th
instant, of Your Lordship's Despatches, of the numbers and dates
noted in the margin,

*

and to transmit herewith the Schedules of
those remaining unanswered.



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FILE: 1871-04-12_Musgrave_to_Kimberley_B71046.txt
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No. 46

I have had the honor to receive Your Lordship's Despatch No. 16,
of the 23rd Febr. last acquainting me that the Queen had been
pleased upon recommendation to give directions for my
appointment as a member of the third class, or Companion of the
Most Distinguished Order of St. Michael and St. George.

2. I beg that Your Lordship will lay before Her Majesty my
grateful thanks for this precious mark of Her Favor which I
regard with pride and gratification as a token of approbation
for what I have desired should be faithful discharge of my
duties in Her Majesty's service.



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FILE: 1871-04-15_Kimberley_to_Musgrave_B717028.txt
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No. 28

I have the honor to convey to you Her Majesty's gracious
Confirmation and allowance of an Act of the Legislature of British
Columbia entitled "An Act granting a supplemental supply of $45,967.07
 out of the General Revenue of the Colony of British Columbia and its
Dependencies for the Contingent service of the year 1870" a transcript
of which accompanied your Despatch No. 18 of the 25th February, 1871.



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FILE: 1871-04-17_Kimberley_to_Musgrave_B717029.txt
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No. 29

I have the honor to convey to you Her Majesty's gracious
Confirmation and allowance of the Act of the Legislature of British
Columbia No. 5 of 1871, entitled "An Act to amend 'The Tolls Exemption
Ordinance 1865'" a transcript of which accompanied your Despatch No. 17
of the 25th February 1871.



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FILE: 1871-04-17_Kimberley_to_Musgrave_B717030.txt
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No. 30

I have the honor to convey to you Her Majesty's gracious
Confirmation and Allowance of the Act of the Legislature of British
Columbia, No. 6 of 1871, entitled "An Act respecting Literary Societies
and Mechanics' Institutes" a transcript of which accompanied your
Despatch No. 19 of the 25th of February 1871.



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FILE: 1871-04-19_Tilley_to_Herbert_Permanent_Under-Secretary_B715MI03.txt
================================================================================

Tilley to Herbert (Permanent Under-Secretary)

I have laid before the Postmaster General your letter of the
11th Ultimo, enclosing a Statement of the amount paid by the
Government of British Columbia for the conveyance of Mails
between that Colony and San Francisco from the 1st of January
to the 31st of December 1870; and I am directed by Mr Monsell
to state that, in accordance with the regulation laid down by
the Treasury in August 1867, he has caused an Account to be
prepared, showing the total estimated cost of conveyance of the
Mails between this Country and British Columbia, in both
directions, during the year 1870, and the proportion of the cost
chargeable to the Imperial Post Office and to the Colony
respectively.

This Account, a copy of which is sent herewith, shows a balance
of £813.5s.2d due to the Colony and a Warrant for this amount
has been issued in favour of the Crown Agents for the Colonies.

Mr Monsell requests that the Earl of Kimberley will be good
enough to forward the enclosed Account to the Governor of
British Columbia, informing him that the balance has been paid.



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FILE: 1871-04-20_Musgrave_to_Kimberley_B71047.txt
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No. 47

I have had the honor to receive Your Lordship's Confidential
Circular Despatch of the 10th January last, respecting a
question lately raised in a West Indian Colony as to the power
of the Governor to deal with the custody and management of
Idiots and Lunatics and their Estates, no such power being
specially delegated to him by his Commission or Instructions.

2. I forward for Your Lordship's information a Memorandum from
the Chief Justice on the subject of that Despatch from which it
appears that he regards legislation upon the matter as scarcely

necessary. As Your Lordship's Despatch reached me only a very
little while previously to the close of the Session, and time
was not afforded for due consideration of so important a
subject, I have thought it most prudent to take no action until
reference could again be made to Your Lordship; and nothing
could now be done before the proposed Union of this Colony with
the Dominion of Canada.



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FILE: 1871-04-20_Musgrave_to_Kimberley_B71048.txt
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No. 48

I have had the honor to receive Your Lordship's Circular
Despatch of the 20th February on the subject of the Penal Code
now in preparation for the Colony of Jamaica, with the intention
that it should be subsequently adapted to the circumstances of
each of the other Crown Colonies respectively, and of such other
Colonies not being Crown Colonies as may desire to avail
themselves of it, and that it should be submitted to their
respective Legislatures for consideration with a view to its
enactment.

2. As British Columbia is now about to be united to the
Dominion of Canada, and by the operation of the 91st section of
the British North American Act 1867 the Criminal Law, including
the procedure in Criminal matters, is among the subjects
reserved to the exclusive authority of the Parliament of Canada,
it appears to me that the expediency of adopting the proposed
Code and providing for the cost of preparation, is not a
question that falls within the province of the local
Legislature.



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FILE: 1871-04-20_Musgrave_to_Kimberley_B71049.txt
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No. 49

I have had the honor to receive Your Lordship's Circular
Despatch of the 7th March respecting the General inconvenience
caused to your department by the irregularity and lateness of
the dates at which the annual "Blue Books" of the Colonies are
received.

2. On account of the great distances between the Settlements,
the want of facilities for communicating with some of them, and
the time taken in doing so, it is more than usually difficult in
this Colony to comply with the regulations for the completion of
the Returns during the first quarter of the Year. The materials
for preparing some of them cannot be received in Victoria before
April.

3. I presume that the Book for 1870 will be the last forwarded
from this Colony to Your Lordship's Department, as in future the
local statistics will be included in those of the Dominion; but
these last Returns I hope to be able to transmit in June.



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FILE: 1871-04-20_Musgrave_to_Kimberley_B71050.txt
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No. 50

Referring to my Despatch No 45, of 8th instant, I have the
honor to forward another copy of the same Resolutions therein
enclosed, respecting the Civil List Act, which have been sent to
me from Yale for transmission to Your Lordship.

2. The so called Public Meeting was got up by the same persons
who were active in the matter in Victoria; and Your Lordship may
be able to form some opinion of the character of the assemblage
from the annexed extract from the "Colonist" Newspaper of 16th
April reporting their proceedings. The Colonist by no means
usually shews any favor to the policy of the Government.



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FILE: 1871-04-21_Kimberley_to_Musgrave_B717031.txt
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No. 31

I sent on the 20th inst at 5 P.M. a telegraphic Despatch in the
following words: "Offer Phillip[p]o Puisne Judgeship in British Guiana,
 salary fifteen hundred. If he accepts he should proceed there
forthwith. Wire reply."



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FILE: 1871-04-22_Kimberley_to_Musgrave_B717032.txt
================================================================================

No. 32

With reference to your Despatch No. 8 of the 10th February, I
transmit to you a copy of a statement which has been prepared in the
General Post Office, showing that a sum of £813.5s.3d is due
 from that Department to your Government on account of the conveyance of
Mails to and from the Colony during the year 1870. A Warrant for this
amount has been issued in favour of the Crown Agents.



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FILE: 1871-04-24_Musgrave_to_Kimberley_B71051.txt
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No. 51

On the 22nd instant I received a Telegram from Your Lordship as
follows:

Offer Phillippo Puisne Judgeship in British Guiana. Salary
Fifteen hundred. If he accepts he should proceed there
forthwith. Wire reply.

2. To-day I transmitted by telegraph my reply as follows:

Phillippo would accept, if without prejudice to eventual
Canadian Pension on failure of health. But cannot move till
June on account Wife's serious illness.

3. Mr Phillippo has explained to me that he has no wish to
entail upon the Canadian Government the payment of his Pension
if he can obtain employment, and would therefore willingly
accept the appointment offered by Your Lordship. But his health
suffered seriously from the Climate of Sierra Leone and he fears
the possibility of a like effect in British Guiana. If,
however, he might in that event have recourse to the Pension to
which with other Officials he is entitled by the terms of Union
with the Dominion, he would take the risk in the hope that he
may not be compelled to retire. But on the other hand should he
be obliged on accepting the Judgeship to forego all prospective
claim on Canada for a retiring allowance, he would think it most
prudent to take the Pension, and the chances of employment in
his profession here, or elsewhere. The Canadian Government will
not be placed in a more disadvantageous position by allowing Mr
Phillippo's claim to be complete though in abeyance, and
probably Your Lordship will find no difficulty in so arranging
the matter.

4. The recent serious illness of Mr Phillippo's Wife will
prevent her from travelling for some Weeks; and he could not
with propriety leave her in her present state of health. But, I
shall be glad if some little delay may be afforded on public
grounds also, as it would in many respects be disadvantageous to
the local government to lose the benefit of Mr Phillippo's
services as Crown Law Officer before the completion of the Union
of this Colony with Canada.



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FILE: 1871-04-25_Scudamore_to_Holland_Assistant_Under-Secretary_B715MI04.txt
================================================================================

Scudamore to Holland (Assistant Under-Secretary)

With reference to your letter of the 18th instant I beg leave
to inform you that the telegram to which you refer was correct
when handed over to the Anglo-American Telegraph Company by this
Department and I have, therefore, referred your letter to the
Secretary of that Company and on receipt of his reply a further
communication shall be addressed to you.



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FILE: 1871-04-27_Musgrave_to_Kimberley_B71052.txt
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No. 52

In February last, Mr Ball the Magistrate of the Cariboo
District, who relieved the late Mr Brew in that capacity a few
months before, reported to me in a Letter of which I annex a
Copy, that he had detected the abstraction of a large sum from
the Revenue during the years 1868 and 1869, by the late Clerk
and Recorder of Mining claims, Mr Cochrane, who was, it is
believed lost in the "City of Boston" Steamer on his way to England.

2. As Mr Cochrane, and Mr Brew—through whose
carelessness—arising I believe only from the extremely feeble state of
his health for a long time, this embezzlement has occurred, are both
dead, it seemed very improbable that the defalcations could be
recovered, but I directed the Auditor General to communicate at
once with Mr Ball, to furnish him with all the information and
Documents he asked for and to ascertain as fully as possible the
amount and particulars of the sums received by Mr Cochrane and
unaccounted for. These are now reported to amount to Five
thousand, seven hundred, and Forty-five Dollars, received for
Records of Mining Claims, and "Leaves of Absence" from Mining
claims under the Gold Mining Ordinance.

3. It appears that in the year 1868 two insignificant errors of
$5 each were discovered in the Accounts of the Cariboo Station,
for that Year, and the smallness of the amount and the
explanation given did not cause any distrust. Further queries
upon the 1869 accounts, which reached Cariboo after Mr Cochrane
had left, where certain Leaves of Absence were entered on the
Counterfoils but not entered on the Cash Book, amounting to
$27.50, caused Mr Ball to make further comparison in the Record
Books kept in the Office, disclosing in the end the deficiencies
now reported.

4. It has always been manifest to me that there must be great
difficulty in exercising efficient supervision over the Accounts
of the distant Districts; but extensive fraud was scarcely
possible except through collusion, or great carelessness in the
Magistrate. To this latter cause and over confidence in the
integrity of Mr Cochrane on the part of Mr Brew, must the present case be attributed, and
if he were still alive he would be responsible, and liable to
refund the deficiency.

5. I had feared that the amount embezzled would be totally lost
to the Colony; but on enquiry I have ascertained that Mr
Cochrane on leaving Victoria for England had obtained Bills from
the Bank of British North America on their Office in London for
about Three thousand, two hundred pounds Sterling, reported to
have been acquired in mining speculations, which have not been
presented for payment, and are supposed to have been lost with
Mr Cochrane in the "City of Boston." I have caused the Manager
of the Branch here to be notified that this Government has a
claim against that sum of about Six thousand Dollars.

6. I am informed that Mr Robert Mellors, of Brittania
Chambers, Pelham Street, Nottingham, holds a Power of Attorney
from Mr Cochrane, and that Mr Mellors has written to the Bank
of British North America in London, stating that he holds this
power, and, understanding that a large sum of money is at Mr
Cochrane's credit at their Bank, and as Mr Cochrane was lost in
the "City of Boston," that he intends to apply for Letters of
Administration on behalf of the nearest of kin.

7. Under these circumstances the object of my present Despatch
to Your Lordship is to request that steps may be taken through
the Crown Agents, or otherwise as seems most desirable, for the
purpose of attaching the money in the hands of the Bank, or of
the Administrator, and so recovering the sum of $5745, or
£1184.10/9 due to this Government from Mr Cochrane. It is
possible that even preliminary proceedings may have the effect
of at once procuring a return of the amount, but if necessary
any further particulars required can be furnished for the
prosecution of the claim.



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FILE: 1871-04-28_Ransom_to_Kimberley_B715MI05.txt
================================================================================

Ransom to Kimberley

I beg to enclose, as required by our Deed of Settlement, the
half yearly statement of this bank for the six months ended
31st Decr last.



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FILE: 1871-04-29_Kimberley_to_Musgrave_B717033.txt
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No. 33

I have to acknowledge the receipt of your Despatch No. 30 of the
24th March in which you express an opinion that it will be expedient to
postpone Legislation in regard to the prohibition of the export of Arms
from the Colony, until after British Columbia shall have been admitted
into Union with the Dominion of Canada.

In reply I have to inform you that I concur in that opinion.



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FILE: 1871-04-29_Musgrave_to_Kimberley_B71053.txt
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No. 53

At the request of Mr Edward Graham Alston the Registrar General
of this Colony I have the honor to forward a Letter from him to
Your Lordship requesting your favorable consideration for
promotion in the Public service.

2. I have already in my Confidential Despatch of 21st January
1870 expressed my opinion in favor of Mr Alston's
character, claims and qualifications.



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FILE: 1871-05-02_Kimberley_to_Musgrave_B717034.txt
================================================================================

No. 34

I have the honor to acknowledge the receipt of your Despatch No. 29
of the 22nd of March and in reply I have to convey to you my authority
to relinquish the Government of British Columbia so soon as by the
appointment of a Lieutenant Governor from Canada you are relieved from
your present duties.

I also authorise you to draw a Bill at ten days sight on the
Paymaster General for the sum of £800 as your Allowance for return
passage.

You will have the goodness to furnish me with an immediate advice
of your Bill in accordance with Clause 361 of the Colonial Regulations.



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FILE: 1871-05-02_Kimberley_to_Musgrave_B717035.txt
================================================================================

No. 35

On the 25th ulto I received your telegram stating on what
conditions Mr. Phillip[p]o would accept the Puisne Judgeship of B. Guiana
and on the 28th I telegraphed back "I am unable to assent to Phillipo's
conditions and must appoint some one else."

I request that you will inform Mr. Phillipo that with every desire to meet his
wishes, I could not undertake that the Canadian Government would
recognize his claim to a pension in the event of his failing to serve
long enough in B. Guiana to earn one under the pension Rules of that
 Colony, and I would observe that taking such an early opportunity of
offering Mr. Phillippo in consequence of the approaching lapse in the
office which he now holds I was much influenced by the view of the
Government of Canada as intimated to me in your Despatch No. 147 of the
17th November, that the provision of a pension for an Officer whose
service in B.C. had been so short, would bear hardly upon the Dominion.

But independently of this consideration, Mr. Phillipo's inability to
leave for B. Guiana, before June next the cause of which I regret would
have caused an inconvenient delay in bringing up the Judicial staff of
that Colony to its proper complement.



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FILE: 1871-05-03_Good_to_Under-Secretary_of_State_B716G01.txt
================================================================================

Good to Under-Secretary of State

I have the honor to report my arrival in this Country on 3
months vacation leave from British Columbia, commencing on the
29th day of March 1871, and to request that the Crown Agents
may be instructed to issue to me my full pay as it may become
due, at the rate of £523.14.3 per annum.



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FILE: 1871-05-03_Hammond_to_Under-Secretary_of_State_B715FO04.txt
================================================================================

Hammond to Under-Secretary of State

In reply to your letter of the 20th ultimo respecting certain
questions pending between Great Britain and the United States,
and inclosing the Draft of a proposed despatch to be addressed
to the Governor of British Columbia, I am directed by Earl
Granville to acquaint you, for the information of The Earl of
Kimberley, that His Lordship concurs in that despatch.

I am told to add that a copy of your abovementioned

letter with its inclosures have been forwarded to Her Majesty's
High Commissioners at Washington.



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FILE: 1871-05-03_Keay_to_Secretary_of_State_B716K01.txt
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Keay to Secretary of State

Giving, as I do, some of my leisure to lecturing on Emigration,
particularly to the Working Classes, I am anxious to know from
what Agent in this Country I cannot [can] obtain reliable information
with regard to the above named Colony.

Asking pardon for giving trouble which I would willingly avoid.



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FILE: 1871-05-03_Murdoch_to_Rogers_Permanent_Under-Secretary_B715LN02.txt
================================================================================

Murdoch to Rogers (Permanent Under-Secretary)

I have to acknowledge your letter of 28th ulto with one from
the Governor of British Columbia enclosing, and recommending to
favorable consideration, an application from Mr A.C. Anderson
for indulgence in regard to a debt due by him for land purchased
in 1859.

2. Mr Anderson bought 294 Acres at £1 an Acre on which he paid
£125.8.7 leaving $817 = £170.4.2 unpaid. This debt by
accumulated interest has nearly doubled, and Mr Anderson states
his inability to pay it, and applies for consideration on
account of public services he has rendered in exploring the
Country in former years and preparing & publishing a Map of it.
For this Map Governor Seymour offered him £50 which he declined
as inadequate. The present Governor also thinks that sum
inadequate and would remit the whole of Mr Anderson's debt.
But if the Secretary of State is not prepared to approve that
step he recommends that the interest on the debt should be
remitted, and Mr Anderson be credited with £50 for his Map.
This would reduce the debt due from him to £120.

3. The value of Mr Anderson's Map and of his services in the
exploration of the Country before and at the commencement of its
settlement can only be known to those on the spot. It appears
to me, however, that this is a case which may properly be
treated with considerable liberality. Mr Anderson states that
he has been for nearly 40 years a resident in the Country, and
that all the information he has obtained during that period has
been put at the disposal of the Government without expectation
of reward. The Governor expresses himself satisfied that the
information furnished by Mr Anderson has been valuable, and may
still be so, in opening the communication between British
Columbia & Canada. Nor is it possible to put out of sight the
fact that the land which Mr Anderson purchased in 1859 at £1
per Acre would now be purchasable at $1 an Acre—and that he has
therefore already paid for his 294 Acres more than twice as much
as they would cost now. The remission of the debt could not be
placed on that ground alone without creating a precedent for
other purchasers at the same price. At the same time the fact
may be fairly taken into consideration in deciding the question.

4. Upon the whole, if the debt is not altogether remitted, I
should be disposed to recommend that the interest upon it should
be given up—that as the Governor thinks the sum formerly
offered is inadequate Mr Anderson should be credited with £70
instead of £50 for his Map and the information he has from time
to time afforded to the Government, and that if he cannot pay
the balance of his debt (£100) in cash, he should be allowed to
discharge it by the surrender of the equivalent number of Acres
of his land at £1 an Acre.



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No. 36

I have the honor to convey to you Her Majesty's gracious
Confirmation and Allowance of the following Acts of the Legislature of
British Columbia transcripts of which accompanied your Despatch No. 36
of the 31st of March.

No. 17 of 1871 "An Act to repeal certain Acts, Ordinances and
Proclamations."

No. 19 of 1871 "An Act for compiling and Printing a New Edition of
the Laws of the Colony of British Columbia."



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No. 37

I have the honor to convey to you Her Majesty's gracious
Confirmation and Allowance of the Act of the Legislature of British
Columbia entitled, No. 15 of 1871 "An Act to enable the Governor to
grant Charters for Tolls," a transcript of which accompanied your
Despatch No. 37 of the 31st of March.



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No. 38

I have the honor to convey to you Her Majesty's gracious
Confirmation and Allowance of the Act of the Legislature of British
Columbia entitled No. 20 of 1871 "An Act to abolish Road Tolls on all
Articles coming from the Interior of the Colony, in the direction of the
Seaboard" a transcript of which accompanied your Despatch No. 38 of the
31st of March.



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No. 39

I have received your Despatch No. 31 dated the 27th March last,
 reporting to me the provisional Appointment of Mr. H.B. Good to be Clerk
in the place of Mr. Theakstone, who has resigned.

I confirm this appointment, but Mr. Good should be informed that
it will give him no claim to compensation for loss of Office in the
event of his Appointment being abolished on the Union of British
Columbia with the Dominion of Canada.



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[Miau?] to Under-Secretary of State

I am directed by Mr Secretary Cardwell to acknowledge the
receipt of your letter of the 28th ultimo, and to acquaint you,
for the information of the Earl of Kimberley, that the
application of John Linn late of the Corps of Royal Engineers
for a deferred pension has been referred to the Commissioners of
Chelsea Hospital for consideration.



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Confidential

I have received your Despatch No. 16 of 22nd February transmitting
a Resolution of the Legislative Council, with reference to the
Appointment of the joint High Commission, representing the importance of
the Island of San Juan, and stating that it is desirable to settle the
boundaries of the Possessions of the United States and the North of
British Columbia and also to consider the question of the Fisheries in
the Pacific.

I enclose a Copy of a letter communicating your Despatch to the
Foreign Office.

I approve of the course which you took in not sending back to the
Council these Resolutions.

With reference to the question how far the United States are bound
by the Treaty between Great Britain and Russia of 1825, I enclose for
your information a Copy of a Despatch which the Duke of Buckingham
addressed to your Predecessor, dated the 17th January 1868.



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No. 40

I have the honor to convey to you Her Majesty's gracious
Confirmation and Allowance of the Act of the Legislature of British
Columbia entitled No. 18 of 1871 "An Act to incorporate Charitable,
Philanthropic, and Provident Associations" a transcript of which
accompanied your Despatch No. 35 of the 31st of March.



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No. 54

On the 29th ultimo I received a Telegram from Your Lordship as
follows—

I am unable to assent to Phillippo's conditions and must appoint
someone else.

After communication with Mr Phillippo I replied by Telegraph on
the 1st instant—

Phillippo accepts leaves by next Mail via England quickest
route. Asks consideration for future Canadian Pension. Canada
not suffering by abeyance of claim. Please acknowledge.

And on the next day I received another Telegram from you, viz—

Telegram received. Phillippo will be appointed.

2. Mr Phillippo therefore will leave for England on his way to
British Guiana by the Mail Steamer which takes this Despatch.

3. I have appointed Mr Edward Graham Alston
*

temporarily to be
Attorney General until settled arrangements can be made under the
Constitution Act, 1871 when it comes into operation on the Union
of the Colony with the Dominion. And I have appointed Mr Henry
Slye Mason to act as Registrar of Titles for the short time
which will intervene. Both Gentlemen are quite aware of the
provisional character of their appointments.



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[Separate]

I have the honor to acknowledge the receipt, on the 22nd ult. &
3rd May, of Your Lordship's Despatches, of the numbers and
dates noted in the margin,

*

and to transmit herewith the Schedules of those remaining unanswered.



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[Separate]

I have the honor to acknowledge the receipt, on the 11th
ultimo, of Your Lordship's Despatches, of the numbers and dates
noted in the margin,

*

and to transmit herewith the Schedules of those remaining
unanswered.



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No. 41

I have the honor to acknowledge the receipt of your Despatch No. 32
dated the 31st March last, enclosing a Copy of the speech with which you
closed the Session of the Legislative Council of British Columbia.



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No. 42

I have had under my consideration your Despatch No. 25 dated 17
March last enclosing a memorial submitted to you by Mr. A.C. Anderson on
the subject of a debt due to him from your Government in respect of
certain lands purchased by him in the year 1859.

I agree with you that this debt may properly be remitted.



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No. 55

I have had the honor to receive Your Lordship's Circular
Despatch of the 13th March, transmitting for consideration and
Report two Tables, one relating to Criminal Statistics the
other to Prison Discipline, which you propose should be inserted
in the Annual "Blue Book."

2. I have examined these Tables and it does not appear to me
that I could make any suggestion of value for their improvement,
or modification. They seem comprehensive in character, and
simple in arrangement. And I am quite alive to the circumstance
that uniformity is essential for purposes of comparison.

3. I presume, however, that these Returns will scarcely be
applicable to this Colony except as a part of the Dominion of
Canada, and so far as they may be used in the other British
North American Provinces.



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No. 56

I have the honor to forward a Letter addressed to Your Lordship
by Mr Justice Crease, respecting the personal effect, which in
his opinion Confederation appears likely to produce upon his
position and prospects as a Judge of the Supreme Court of this
Colony.

2. I confess I do not see that Mr Crease has any ground for
complaint, or for appealing to Your Lordship for special
interposition on his behalf. When he applied to me for the
appointment of Puisne Justice he was fully aware of the
negotiations then in progress for the union with Canada, and of
all arrangements contemplated, though he may not perhaps have
had much personal confidence in their being conducted to a
satisfactory result. He knew that no provision had been made
for any Official Pensions in this Government; and ought to have
known that none were likely to be made in the existing state of
the Colony. His position is much better now than then, when
Union was still uncertain. By the Canadian Statute 31. Vic. C.
33 retiring allowances after fifteen years service are granted
to the Judges of the Supreme Courts of the other Provinces of
the Dominion, and I have every reason for believing that this
provision will readily—indeed, must in fairness—be extended to
the Judges of British Columbia. Mr Crease has now an assurance
of a Pension of which there was no certain prospect and scarcely
a probability when he accepted the Office of Judge. But, he is
not satisfied with this; and wishes that special arrangement
should be made in his case that the time during which he held
the appointment of Attorney General should be counted as part
of his period of service as a Judge in respect of his future
claim to pension.

3. I do not myself regard Mr Crease as having any peculiar
title to this concession which I believe to be most unusual, and
have not therefore thought myself at liberty to urge a request
for it upon the Government of Canada as part of the arrangements
on Union. But, in my Letter to him of the 13th February, I
remarked that it would of course be open to him at a future time
to submit any personal representations upon the subject for the
consideration of the Government of the Dominion.



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No. 57

I have the honor to forward to Your Lordship a Memorial from
Officers of the Civil Service who will remain in the employment
of the local Government of this Province after Union with the
Dominion. They fear the effect of "Responsible" or Party
Government upon the security of their present appointments, and
pray that they may still be entitled to look to Her Majesty's
Government for further employment elsewhere in the event of
their losing their offices through no fault of their own.

2. I have communicated to these gentlemen the first part of
Your Lordship's Despatch No 3 of the 19th January, in which
you authorized me to

inform the Civil Officers of British
Columbia that their acceptance of employment under the Canadian
Government will not preclude them from applying at any future
time for other employment under your Department and that it
should not efface any claims to such employment which they may
derive from their character and past services.

I regard this assurance as including all officers, whether they
should remain in the service of the local Provincial
administration, or belong to Departments immediately transferred
to federal control. These gentlemen, however, fear that the
language applies only to the latter class, and that claims on
the part of public servants remaining under the local
administration will not be recognized. Hence this appeal to
your Lordship's consideration.

3. I do not share the fear of these Gentlemen with regard to
their future prospects, as the action of responsible government
in other places has not generally been found to work any
injustice to persons in the public service; and I have pointed
out to them that it is unreasonable to expect any definite
pledge from Your Lordship to afford them further employment.
But, I have no doubt that you will not object to affording them
assurance that the language of the Despatch which I have quoted
applies to their cases as well as to those persons taking
service immediately under the Government of the Dominion.
Considering that the introduction of Responsible Government in
this Colony takes place under circumstances different from those
in other places where it has been established—in consequence of
the great and unprecedented change from the position of a Crown
Colony to that of a Province of the Dominion with local
self-government—I think that the present Public Officers have
some more than usual claims to your favor and protection.



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Brown to Colonial Office

I am writing a little narrative of an Expedition which the
Government of British Columbia sent in 1864 into the NW district
of that Country in quest of Chilcoatin Indians who had
perpetrated murders of Colonists at Bute Inlet & Bella Coola.
It is a sort of Colonial & Missionary narrative. I was there at
the time as clergyman under the Bishop of Columbia & with the
sanction of the Governor, prepared the Indians, when caught &
convicted, for the last penalty of the law.

I much desire to know if there exists any Blue book relating to
the subject; or failing that, any Blue book on the Geography of
the North Western District of British Columbia, with maps—& I
should feel greatly obliged to you if you could tell me where I
could get it.

I may mention that I had the honour of writing a prize Essay on
British Columbia in 1862 which received the thanks of the
Government and 50£.



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FILE: 1871-05-13_Gray_to_Under-Secretary_of_State_B715TA01.txt
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Gray to Under-Secretary of State

I am directed by the Board of Trade to acknowledge the receipt
of your letter of the 3rd Instant inclosing a transcript,
herein returned, of an Act passed by the Legislature of British
Columbia entitled "An Act to prevent desertion from Merchant
Ships" together with a copy of the report of the local Attorney
General thereupon, and I am to state for the information of the
Earl of Kimberley that this Board see no reason why this Act
should not be allowed to remain in operation.



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No. 43

I have the honor to convey to you Her Majesty's gracious
Confirmation and Allowance of the Act of the Legislature of British
Columbia entitled No. 21 of 1871 "An Act to amend the Investment and
Loan Societies Ordinance, 1869," a transcript of which accompanied your
Despatch No. 43 of the 8th April.



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No. 44

I have to acknowledge the receipt of your Despatch No. 39 dated the
31st March last, forwarding Copies of the British Columbia Act No. 16 of
1871, "to provide for a permanent civil list." I have also received
 your further Despatch No. 45 of the 8th April enclosing a copy of a letter
addressed to you[r] private Secretary by the Mayor of Victoria with a
resolution against the Act passed at a public meeting held in that Town
on the 31st March last.

Although I am not disposed to deny that there are advantages in
placing the civil List on a more permanent footing than that of a money
vote and looking to all the circumstances of the case I cannot disallow
the Act by Her Majesty, I cannot but regret that such an occasion should
have been taken to increase salaries.

You will inform Mr. Robertson that the resolutions forwarded by him
 have been carefully considered by me but that looking to all the
circumstances of the case, I have not thought it my duty to advise Her
Majesty to withhold her assent from the Bill.

The necessary Order in Council will be forwarded as soon as it has
passed the Council.



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No. 45

I have the honor to convey to you Her Majesty's gracious
Confirmation and Allowance of the Act of the Legislature of British
Columbia entitled No. 24 of 1871 "An Act to exempt (in certain cases)
Cattle farmed on shares, and their increase, from the operation of any
Bankruptcy or insolvency Laws" a transcript of which accompanied your
Despatch No. 44 of the 8th April.



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No. 46

I have the honor to convey to you Her Majesty's gracious
Confirmation and Allowance of the Act of the Legislature of British
Columbia entitled No. 22 of 1871 "An Act to prevent Desertion from
Merchant Ships" a transcript of which accompanied your Despatch No. 34
of the 31st of March.



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No. 47

I have the honor to convey to you Her Majesty's gracious
confirmation and allowance of the following Acts of the Legislature of
B.C.

No. 12 of 1871 "An Act to amend the Law as to the Qualification of
Voters and of Elective Members for the Legislature, and to provide for
the registration of persons entitled to vote at Elections of such
members."

No. 13 of 1871 "An Act to regulate elections of members of the
Legislature of this Colony."

No. 14 of 1871 "An Act to prevent bribery Treating and undue
influence at the Election of Members of the Legislature.

No. 23 of 1871 "An Act to make provision for enquiry into
 controverted Returns of Members to serve in the Legislature."



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No. 58

Referring to Your Lordship's Despatch No 54, of the 8th June,
1870, I have the honor to report that by this Mail the Sum of
Six hundred and Seventy-five Pounds, Two shillings and Fourpence
(£675.2/4) has been remitted to the Crown Agents with instructions to
pay it over to the War Department in liquidation of the amount due
from this Government for Arms and Ammunition.



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No. 59

I have the honor to forward to Your Lordship a communication
from the Liquidators of the Queen Charlotte Island Coal Mining
Company with its enclosures, relating to a claim which they
prefer for a Premium, offered in what appears to me to have been
a somewhat irregular manner,

*

by the Government of the former Colony of British Columbia, for the
first shipment of Two hundred Tons of Coal from the Colony.

2. I have not regarded myself as at liberty to recognize the
validity of this claim, nor felt that I ought to recommend it to
the recognition of the present Legislature of the now United Colony.

3. No provision of any fund for the payment of this Premium was
ever made by the Legislative Council. At the time when it was
offered the Mainland of British Columbia formed a government
separate from Vancouver Island, which already possessed Coal
mines in successful operation; and the object in view was to
establish a rivalry. The Premium was not claimed before the
Union of the two Colonies, nor until Six Years after the date of
the Notice in the Gazette.

**

The present Legislature is
constituted differently from the Council by which it was authorized.

***

And the Coal in respect of which the bonus is
claimed, shipped in 1870, does not now answer the description of
"the first Coal shipped from the Colony."

****

No fund had been specially provided,

*****

and I regarded the offer of the Premium as having lapsed from
efflux of time

******

or being revoked by
the subsequent change in the condition and circumstances of the
Colony, and no longer as binding upon the present government.

4. I do not view with favor the principle involved in the
payment of such Premiums.

*******

They do not induce or sustain
any enterprise which will not otherwise be found profitable.
The history of this Coal Company which is now in liquidation is
an example in illustration.

5. In any case the amount could not now be paid without a
reference to the local Legislature for authority at the next
Session after Union and this has been pointed out to the applicants.

********
*********



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No. 60

I have the honor to transmit to Your Lordship certain
Resolutions purporting to have been passed at "Public Meetings"
held at the Village of "Lilloett" and "Lytton," and places
called "Buonaparte House" and "Hat Creek House" on Buonaparte
River, censuring the conduct of the Legislative Council in
respect of the Civil List Act, 1871, and praying that Her
Majesty will not assent to that measure.

2. The prominent agents on these occasions were the same
persons Mr Humphreys and Mr McKay who were the leaders at the
assemblage at Yale, referred to in my Despatch No 50, of 20th
April, and the "Meetings," if I may judge from the Reports in
the Newspapers, have consisted of some six or eight persons at
the Drinking Bars of wayside Public Houses.

3. Attempts to get up demonstrations of the same kind at New
Westminster and Cariboo failed to obtain any support; and of
Four Newspapers published in the Colony, only one "the Victoria
Standard" has opposed the measure. The Editor of that Paper,
Mr De Cosmos, being the political associate of Mr Humphreys
and Mr McKay.

4. I regard the opposition as quite unimportant and even the
endeavour to make political capital for the ensuing elections in
which it originates will probably be unsuccessful.



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Trutch to Kimberley

Having been informed on Saturday last at the Colonial Office by
Mr Herbert and Mr Holland that the Government of the Dominion
had referred to Her Majesty's Government to decide the specific
provisions to be made by the Dominion under clause 6 of the
Terms of Union of British Columbia with Canada "for those of Her
Majesty's servants in the Colony whose position and emoluments
derived therefrom will be affected by the Union," especially as to
the precise amounts of the pensions to be provided, and whether
such officials are to have the absolute right of claiming such
pensions upon and after Union unless at their own option they
accept any such appointments as may be offered to them in lieu
thereof, and it having been intimated to me that I should
communicate in writing to Your Lordship whatever I might deem
pertinent to the subject, I have the honour to submit for
consideration the following remarks.

I beg in the first place to express the desire on my own behalf
and, as I believe, in the interest of the Executive Officers
generally of British Columbia, that all doubt on this question
now raised so unexpectedly to us—may be speedily set at rest by
an authoritative definition of the claims on the Dominion of
those officers collectively considered, rather than by the
settlement on its individual merits of each particular case as
it might be presented.

Those claims are based primarily on the engagement by the
Dominion set forth in general terms in the 6th clause of the
Union Address to provide for those officials upon Union suitable
pensions such as shall be approved by Her Majesty's Government,
and farther and, as to the specific details of the provisions

to be made, more particularly on the assurance conveyed by the
Governor General of Canada at the request of his responsible
advisers to Governor Musgrave in a Despatch dated July 7th 1870
that such provisions should be made for the retiring allowance
of Public Officers in British Columbia as he (Governor Musgrave)
should approve.

This assurance was given by the Dominion Government to Governor
Musgrave after the details of the pension arrangements proposed
by him had been submitted by me under confidential instructions
from Governor Musgrave for their consideration, and had been
fully discussed between a Committee of the Privy Council of
Canada and myself at Ottawa. The pension arrangements so
proposed are set forth in Governor Musgrave's minute of
instructions to me on my leaving Victoria for Canada dated 9th
May 1870, a copy of which minute was by His Excellency's
direction handed by me on my arrival at Ottawa to Sir George
Cartier at that time acting as Premier of the Dominion during
Sir John A. McDonald's illness.

I beg to enclose herewith the original minute to which I refer,
and to point out that the assurance conveyed by the Governor
General's Despatch to Governor Musgrave was in direct response
to that minute, as I was given to understand before I left
Canada for England; and that that assurance has been
unhesitatingly regarded by Governor Musgrave—as well as by his
Executive Officers—as a specific engagement—(which in fact it
undoubtedly is)—by the Canadian Government to adopt the views
therein expressed by Governor Musgrave, embracing the provision
of retiring pensions to certain named officials, and such other
reasonable concessions as he (Governor Musgrave) might approve of.

But although the Dominion Government thus readily adopted
Governor Musgrave's suggestions for retiring pensions to the
officials who upon Union would be deprived of their positions
and emoluments; and engaged to provide pensions in accordance
with those suggestions, Sir John A. McDonald and Sir George
Cartier on my return to Canada from England in September last
expressed to me their desire to avoid the actual payment of any
such pensions by offering to the officials entitled to such
retiring allowance employment of such character—and at such
salaries as would ensure their acceptance thereof temporarily at
least, and it was with special reference to this desire so
expressed to me by those ministers, and by me communicated at
their request to Governor Musgrave on my return to Victoria,
that His Excellency's Despatch of 22nd Novr 1870 was addressed
to the Governor General.

That Despatch conveyed an intimation of the willingness of the
officials individually—as expressed by them directly to
Governor Musgrave on his consulting them in the matter—to meet
the wishes of the Canadian Government that they should take
service under the Dominion whilst still retaining their right to
claim retiring pensions on their resignation of—or declining to
accept—such employment as might be offered to them.

Subsequently, on receipt of Lord Lisgar's further Despatch on
this subject dated 9th January 1871 the matter was brought by
Governor Musgrave before his Executive Council whose views
thereon were expressed in a memorandum which was concurred in by
the Governor, and a copy of which was forwarded by His
Excellency to the Governor General of Canada in a Despatch dated
9th February 1871 copies of which Despatch and of its
enclosure have been transmitted to your Lordship.

The views of the Executive Officers of British Columbia are so
fully set forth in their Minute, and Governor Musgrave so
clearly and forcibly upholds in his Despatch their absolute
right to claim from the Dominion upon and after Union of British
Columbia with Canada retiring pensions at the rate of at least
two thirds of their present emoluments that the claims of those
officers in this respect appear to me to require no further
advocacy, and I scarcely think that Governor Musgrave, if again
applied to on the subject, could strengthen those claims by
anything he might add to what he has already written in support
of their rights.

Many other reasons of much force—some of a personal
nature—might indeed be adduced to show how inequitable
it would be—particularly in special individual cases—to
transfer compulsorily the services of the Executive Officers of
British Columbia from the Imperial to the Canadian Government
even if the latter had in their gift—which they certainly have
not—permanent appointments of equivalent position and
emoluments to those now held by those Officers, and affording
like reasonable prospect of promotion, and it might also be
urged how valueless to Canada such involuntary service would be;
but the claims of those officers to the right of choosing
between pensions of at least two thirds of their present
emoluments and whatever employment the Government of the
Dominion may offer them rest securely on the assurances to that
effect so distinctly made to them by Governor Musgrave on the
faith of the engagement of the Canadian Government to him that
such provision should be made for retiring pension as he might
approve of.

In full reliance on those assurances those officers have aided
loyally and actively to the best of their ability in carrying
out to its present happy consummation the work of the Union of
British Columbia with Canada in furtherance as they believe of
the policy of the Imperial Government; and they cannot doubt
that the confident Expectations which Her Majesty's
Representative in the Colony has led them to entertain will be
fully sustained.



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Helps to Under-Secretary of State

I am directed by the Lords of the Council to transmit to you the
enclosed Order of Her Majesty in Council of the 16th instant,
specially confirming an Act passed in February, 1871, to amend
and alter the Constitution of the Colony of British Columbia;
and I am to request that you will be pleased to lay the same
before the Secretary of State for the Colonial Department.



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FILE: 1871-05-18_Helps_to_Under-Secretary_of_State_B715CO02.txt
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Helps to Under-Secretary of State

I am directed by the Lords of the Council to transmit to you the
enclosed Order of Her Majesty in Council of the 16th instant,
specially confirming an Act, passed in March, 1871, to provide
for a permanent Civil List; and I am to request that you will be
pleased to lay the same before the Secretary of State for the
Colonial Department.



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FILE: 1871-05-18_Kimberley_to_Musgrave_B717048.txt
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No. 48

With reference to my Despatch No. 47 of the 17 inst. confirming
certain Acts passed by the Legislative Council of B.C. I have to request
you to inform Chief Justice Begbie and Mr. Justice Crease that their
 objections to the Act No. 23 of 1871, "The trial of controverted
Elections Act" have received the careful consideration they deserve but
that I have not thought it my duty to recommend Her Majesty to disallow
this enactment.



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FILE: 1871-05-19_Musgrave_to_Kimberley_B71061.txt
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No. 61

I have the honor to forward General Abstracts of the Financial
Returns of this Colony for the Quarters ended 30th September,
and 31st December 1870.



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FILE: 1871-05-20_Kimberley_to_Musgrave_B717049.txt
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No. 49

I have received and have had under my consideration the Act passed
by the Legislature of British Columbia entitled No. 126 of 1871 "An Act
to provide for a permanent Civil List" which was transmitted to me in
your Despatch No. 39 of the 31st of March last.

I have reported to Her Majesty in Council my opinion that the said
Act should be specially confirmed; and I have the honor to transmit to
you herewith an order of Her Majesty in Council, dated the 16th of May
approving that Report.



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FILE: 1871-05-22_Helps_to_Under-Secretary_of_State_B715CO03.txt
================================================================================

Helps to Under-Secretary of State

I am directed by the Lord President of the Council to transmit
to you the enclosed Order of Her Majesty in Council of the 16th
instant, for uniting the Colony of British Columbia to the
Dominion of Canada; and I am to request that you will be pleased
to lay the same before the Secretary of State for the Colonial
Department.



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FILE: 1871-05-23_Kimberley_to_Musgrave_B717050.txt
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No. 50

I have received and have had under my consideration the Act passed
by the Legislature of British Columbia entitled No. 3 of 1871 "An Act to
amend and Alter the Constitution of this Colony" which was transmitted
to me in your Despatch No. 13 of the 18th of February last.

I have reported to Her Majesty in Council my opinion that the said
Act should be specially confirmed, and I have the honor to transmit to
you herewith an Order of Her Majesty in Council dated the 16th May
approving that Report.



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FILE: 1871-05-23_Scudamore_to_Holland_Assistant_Under-Secretary_B715MI06.txt
================================================================================

Scudamore to Holland (Assistant Under-Secretary)

With reference to my letter of the 25th ultimo I beg leave to
forward to you the following extract from a communication which
I have received from the Secretary of the Anglo American
Telegraph Company:

Referring to your letter of the 25th ultimo complaining of
error "dissatisfaction" for "satisfaction" made in a telegram
sent by the Earl of Kimberley, Foreign Office to The Governor,
British Columbia on the 10th March
 last, 
 I am sorry to find it
was made in transmission to America, and beg to assure you that
the clerk in fault has been duly cautioned.

Will you please express our regret to the sender and return him
the charges.

Under these circumstances the amount paid for the message, viz,
twelve pounds, fifteen shillings, and ninepence, has been placed
to the Earl of Kimberley's credit in the running account for
telegrams sent from the Colonial Office.



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FILE: 1871-05-25_Brown_to_Colonial_Office_B716B03.txt
================================================================================

Brown to Colonial Office

Allow me to thank you for your kindness in writing and the Earl
of Kimberley for his courtesy in allowing me to see the British
Columbian maps, a permission of which I shall gladly avail
myself when I am next in town.



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FILE: 1871-05-25_Kimberley_to_Musgrave_B717051.txt
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No. 51

I have to acknowledge the receipt of your Despatch No. 12 dated
16th February enclosing copies of correspondence between yourself and the
Governor General of Canada respecting an alteration proposed by your
Council in the Customs Tariff of British Columbia I have also received your further
Despatch No. 21 of the 9th March enclosing a copy of an Act 9 of 1871 to
repeal the Customs Amendment Ordinance No. 70 copies of the
correspondence which has passed on the subject have also been forwarded
to me by Lord Lisgar.

I much regret that I have been unable to advise Her Majesty to
Assent to this Act which is in itself quite inobjectionable but as the
proposed reduction of duty was not provided for in the Address of the
 Union of British Columbia with the Dominion of Canada it appeared to me it was not
competent of Her Majesty of the powers vested in Her by the British
North American Act 1867 to provide for such reduction in the Order in
Council uniting those Colonies.

I have transmitted to you Lord Lisgar's copy of this Despatch.



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FILE: 1871-05-25_Musgrave_to_Kimberley_B71062.txt
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No. 62

I have the honor to forward a Copy of the Imperial Pension
Account for the Year ended 31st December 1870, with the
Vouchers belonging to it, and also to report that I have this
[day] drawn upon Her Majesty's Paymaster General for One hundred
and Fifty Pounds Sterling (£150) in favor of the Crown Agents,
in order to meet payments of Imperial Pensions from the Colonial
Treasury when they fall due.



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FILE: 1871-05-27_G._Columbia_to_Kimberley_B716C01.txt
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G. Columbia to Kimberley

I have the honor to ask your kind attention to the subject of
the welfare of the Native Race of British Columbia, who number
some 50,000 and live in villages scattered throughout the Colony.

For some years the Church of England has carried on Missions
amongst them, expending annually about £2000, in four chief
centres in each of which two missionaries are at work. These
chief centres are

1. The Chymseans & Nishkahs

2. The Tahkahts

3. The Cowichans

4. The Fraser & Thompson River Tribes.

The first of these is supported by the Church Missionary Society, the three latter in part by that for the Propagation of
the Gospel.

The result of this work is that some 5000 natives are under
instruction and many more ask for teachers. Industrial
improvement is promoted—some 300 gardens are a witness to
considerable progress.

We have hitherto received no assistance from the Government,
upon which point I beg to quote the remarks of the Archdeacon of
Vancouver. He says in a letter to the New England Company
published in the Columbia Report for 1870 [newspaper clipping]

The Government of this colony has hitherto had no definite or
tangible policy with regard to the native Indian tribes. They
have preserved for them Crown lands, under the name of Indian
Reserves; they have prevented their land being encroached upon;
they have in existence a Liquor Law, with penal clauses
stringent and severe, but honoured more in the breach than in
observance. Beyond this they have done nothing, so far as I
know. There does not exist an Indian hospital in the colony to
ameliorate the evils which contact with a too advanced stage of
civilization has brought upon its unprepared victims. There may
be insuperable obstacles in the way of any definite policy of
preservation and development being adopted. I am bound to
suppose that such obstacles do exist; otherwise, such negligence
would make the very stones cry out for redress against the
wrongs of suffering humanity. Some such obstacles assuredly must
exist, otherwise what is known here would scarcely be credited
elsewhere. I have before me as I write the Colonial Estimate
for 1869. The estimated expenditure of the Government for that
year is £122,250, and in that amount this item occurs:
"Expenses connected with the Indian tribes, £100"—the Indians
in the colony being estimated by some at over 50,000, who pay
duty on every article that they consume, if it has been imported
into the colony. I do not wish to say more on this point,
neither have I said this by way of complaint; but I could
scarcely have said less to make the N.E.S. realize the fact that
little or nothing is done for the moral and social benefit of
the North American Indians on this coast, outside the circle of
efforts of the various religious Societies.

It has been computed that the Native Race contributes at least a
fourth of the Revenue of the Colony and it would appear to be
only just as well as politic that they should share with the
Europeans in the Educational Grant. It will be of advantage to
the Colony if, before the influx of Emigrants which is expected
in connection with the Pacific Railroad, the Indian tribes shall
have been trained in Christian principles and the arts of peace.

I would respectfully suggest that a grant be made for Indian
improvement and dispensed through Missionary Societies under a
Superintendent of Indian Affairs appointed by the Government. I
quote a precedent for this from the last annual Message of
President Grant delivered to Congress in December last: He
says [newspaper clipping]

Reform in the management of Indian affairs has received the
special attention of the Administration from its inauguration to
the present day. The experiment of making it a Missionary work
was tried with a few agencies given to the denomination of
Friends, and has been found to work most advantageously. All
agencies and superintendences

not so disposed of were given to officers of the army. The Act
of Congress reducing the army renders army officers ineligible
for civil positions. Indian agencies being civil offices, I determined
to give all the agencies to such religious denominations as had
heretofore established Missionaries among the Indians, and,
perhaps, to some other denominations who would undertake the
work on the same terms—i.e., as a Missionary work. The
Societies selected are allowed to name their own agents, subject
to the approval of the Executive, and are expected to watch over
them and aid them as Missionaries, to Christianize and civilize
the Indian, and to train him in the arts of peace. The
Government watches over the official acts of these agents, and
requires of them as strict an accountability as if they were
appointed in any other manner. I entertain the confident hope
that the policy now pursued will, in a few years, bring all
the Indians upon reservations, where they will live in houses,
have school-houses and churches, and will be pursuing peaceful
and self-sustaining avocations, and where they may be visited by
the law-abiding white man with the same impunity that he now
visits the civilized white settlements. I call your special
attention to the Report of the Commissioner of Indian Affairs
for full information on this subject.

I am sorry to say that without government assistance we shall be
compelled to break up some of our Mission work. Having been in
England some months incessantly labouring to obtain support, I
have only partially succeeded, and am about to return under the
painful necessity of contracting instead of enlarging, as I had
hoped, the important work of native improvements.



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FILE: 1871-05-27_Kimberley_to_Musgrave_B717052.txt
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No. 52

With reference to my Despatch No 19 of the 11 of March I have the
 honor to transmit from Her Majesty an Order in Council dated 16th May
 uniting British Columbia to the Dominion of Canada in accordance with the Addresses
passed by the Legislatures of the two Colonies.

I caused the 20th of July to be fixed for this Union, the day
agreed upon by Lord Lisgar and yourself.

It gives me much satisfaction to express to you how fully sensible
Her Majesty's Government are of the energy zeal and ability with which
you and the Officers of your government have laboured to effect this Union,
which it is confidently anticipated will confer important and lasting
benefits in British Columbia and by the consolidation of Her Majesty's possessions
in North America will greatly promote their progress in the career of
prosperity of which they seem destined by their natural resources.



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FILE: 1871-05-27_Musgrave_to_Kimberley_B71063.txt
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No. 63

I have the honor to forward the Account of Expenditure for the
Year ended 31st March, last in connection with the Detachment
of Royal Marines stationed on San Juan Island.



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FILE: 1871-05-31_Musgrave_to_Kimberley_B71064.txt
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No. 64

I have the honor to transmit the usual copies of Acts which were
passed by the local Legislature during last Session, for
distribution as required by Section 261, of the Colonial Rules
and Regulations.



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FILE: 1871-06-01_Kimberley_to_Musgrave_B717053.txt
================================================================================

No. 53

With reference to your Despatch No. 14 dated the 21 February last,
I transmit to you the Copy of a letter from the General Post Office,
respecting the inaccurate transmission of my Telegraphic Despatch to you
dated the 10th March last.



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FILE: 1871-06-01_Kimberley_to_Musgrave_B717054.txt
================================================================================

No. 54

I have to acknowledge the receipt of your Despatch No. 50 dated the
20th April last, enclosing a Copy of Resolutions passed at a Public
Meeting at Yale against the Civil list Act.

I have in reply to refer you to my Despatch No. 44 of the 15th May
and I have to request you to inform Mr. McQuarrie of the answer already
returned to Mr. Robertson.



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FILE: 1871-06-01_Musgrave_to_Kimberley_B71064SP.txt
================================================================================

[Separate]

I have the honor to acknowledge the receipt, on the 12th &
24th ultimo, of Your Lordship's Despatches, of the numbers and
dates noted in the margin,

*

and to transmit herewith the Schedules of those remaining unanswered.



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FILE: 1871-06-02_Good_to_Under-Secretary_of_State_B716G02.txt
================================================================================

Good to Under-Secretary of State

I have the honor to request that the leave of absence granted me
may be extended from the 1st to the 20th of July.

Governor Musgrave in granting my leave fixed upon the 1st of
July as being the day on which British Columbia would probably
become part of the Dominion of Canada, and now that the 20th of
July has been decided on, I trust Lord Kimberley
will be pleased to sanction my leave being extended to that date.

Such extension would be a great boon to me, as I have found it
impossible in the few weeks I have been in England to arrange
several matters of business about which I have come home.



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FILE: 1871-06-03_Kimberley_to_Musgrave_B717055.txt
================================================================================

No. 55

I have to acknowledge the receipt of your Despatch No. 54 dated the
6th May, reporting Mr. Phillippo's acceptance of the appointment of
Puisne Judge in British Guiana, and the temporary appointments which you
have subsequently made.



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FILE: 1871-06-05_Kimberley_to_Musgrave_B717056.txt
================================================================================

No. 56

With reference to your Despatch No. 6 dated the 9 February last, I
transmit to you herewith for your information the copy of a Despatch
which I have addressed to Lord Lisgar, respecting the claim of Public
 Officers in British Columbia to Pensions payable by Canada after the
union of the former Colony with the Dominion.



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FILE: 1871-06-05_Kimberley_to_Musgrave_B717057.txt
================================================================================

No. 57

With reference to your Despatch Np. 26 of the 20th of March last, I have to inform you that I have extended from the 1st to 20th July next, with salary, the leave of absence granted to Mr. Charles Good, Assistant Colonial Secretary. Mr. Good's application for this extension of his leave is enclosed."



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FILE: 1871-06-08_Kimberley_to_Musgrave_B717058.txt
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No. 58

I transmit to you for your information and in reply to your Despatch
No. 47 of the 20th April a Copy of a Despatch which I have addressed to
Lord Lisgar instructing him to bring the question of the jurisdiction of
 the Supreme Court of British Columbia over lunatics and Idiots and their
Estates under the Consideration of his Ministers after the union of the
Colony with the Dominion of Canada.



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FILE: 1871-06-10_Kimberley_to_Musgrave_B717059.txt
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No. 59

I sent this day at 2:15 pm a Telegraphic Despatch to you in the
following words:

"Offer Alston appointment of Queen's Advocate at Sierra Leone.
 Salary One Thousand. Fees average Two Hundred and Private practice
allowed. Wire reply."



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FILE: 1871-06-13_Musgrave_to_Kimberley_B71057T.txt
================================================================================

Telegram

Alston accepts when does Union take place.



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FILE: 1871-06-15_Kimberley_to_Musgrave_B717060.txt
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No. 60

I have to acknowledge the receipt of your Despatch No. 57 dated the
11th May, enclosing a Copy of a Memorial addressed to me by certain
Members of the Civil Service of British Columbia in which they ask that
in the event of the dismissal of any of them, after the Union of the
Colony with Canada, for no fault of their own but solely for Political
reasons they may still be entitled to look to Her Majesty's Government
for employment elsewhere.

You will inform the Memorialists that the Subordinate Officers who
will after the Union of British Columbia with Canada, remain in the
service of the local Provincial Administration rightly understood that I
did not intend to refer to them in the words quoted by you from My
Despatch No. 3 of the 19th January last. The case of those higher
 Officers who would be likely to lose their offices from political causes
was then under consideration, and the 9th paragraph of your Despatch of
November 17th 1870, No. 147 in which you state that

as regards the subordinate Officers in public Departments I assume that
they will continue to hold their present posts, whether the Offices to
which they belong should be transferred to the Dominion or remain under
the Administration of the local Government, subject of course to any
modification which may be found necessary, and from which no Agreement
could reasonably be expected to protect them,

to which my Despatch above quoted was a reply, expressly distinguished
from that case the case of the subordinate Officer.

The Government of the Dominion do not appear to have raised any
question as to the continued employment of these Gentlemen, and I do not
think that I should be doing a service to these Officers themselves if I
were to hold out to them any expectations of my being able to provide
them with employment in other Colonies.



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FILE: 1871-06-17_Kimberley_to_Musgrave_B717061.txt
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No. 61

I transmit to you with reference to the correspondence noted in the
margin  a copy of a further letter * which I have received
from Mr. G.E. Nias on the subject of the land in dispute between him and
 the Government of B.C.

I have been communicative with Mr. Trutch and Mr. Phil[l]ippo on
the matter, which it appears very undesirable to leave in its present
unsettled state and I am inclined to think that if your Government is
not in a condition or is not prepared to terminate Mr. Nias' occupancy of
the land and he is unable to establish a distinct legal claim to it
under the decision of a court of law the best course (which I believe
has been already under consideration) would be to offer him a lease of
the land in question for a term of years at a nominal rent in order to
enable him to exhaust the value of improvements he is said to have made
upon it.

I enclose for your information a copy of the reply which I have caused to be sent to
Mr. Nias's letter* and also a copy* of the letter addressed to him on the receipt
of your Despatch No. 145 of the 16th of November 1870.



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FILE: 1871-06-17_Kimberley_to_Musgrave_B717062.txt
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No. 62

I received on the 16 June at 5:50 p.m. a telegraphic Despatch in
the following words:

"Alston accepts when does union take place" to which I replied this
day at 3:20 p.m. "Date of union fixed by Order in Council for the 20th
July."



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FILE: 1871-06-20_Good_to_Under-Secretary_of_State_B716G03.txt
================================================================================

Good to Under-Secretary of State

I have the honor to report that I leave England on the 22nd
Instant to resume my duties in British Columbia.

I venture to express a hope that the Earl of Kimberley
will be enabled within the next six months to provide some
employment for me in the way of promotion, in which my service
for 13 years will not be lost, and some opportunity afforded me,
should I deserve it, of rising in the public service.



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FILE: 1871-06-21_Musgrave_to_Kimberley_B71065.txt
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No. 65

On the 10th instant I received a Telegram from Your Lordship as
follows—

Offer Alston appointment of Queen's Advocate at Sierra Leone.
Salary One thousand. Fees average two hundred and private
practice allowed. Wire reply.

On the 13th instant I replied by telegraph—

Alston accepts. When will Union take place?

On the 19th instant I received another Telegram from you in answer—

Date of Union fixed by Order in Council for the 20th July.

2. As I have therefore already reported, Mr Alston gratefully
accepts the appointment offered by Your Lordship. He, however,
besides his Office as Acting Attorney General, holds
appointments as Member of two Commissions established under Acts
of last Session—one "relating to proceedings under the Tax Sale
Repeal Ordinance, 1867," and the other "for compiling and
printing a new Edition of the Laws of the Colony." It is
important that the duties of these Commissions should be
completed before the Union of this Colony with the Dominion and
the services of Mr Alston cannot very well be spared.

It is therefore desirable that he should not leave the Colony
before Union takes place; but he will proceed to England on his
way to "Sierra Leone" by the first Mail Steamer in August going
direct to San Francisco.



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FILE: 1871-06-21_Musgrave_to_Kimberley_B71066.txt
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No. 66

I have the honor to forward to Your Lordship the Blue Book of
this Colony for the Year 1870, accompanied by a short Commentary
upon these Statistics prepared by the Colonial Secretary. Mr
Hankin's Report relieves me from the necessity of remarking upon
matters of detail.

2. The Year to which these Returns refer was a period of
transition, during which legislation and all departments of
public affairs were more or less affected by the negotiations
then in progress for the Union of British Columbia with the
Dominion of Canada. It seemed generally undesirable to initiate
any modification of existing arrangements which might again
require reconsideration on the accomplishment of the greater
contemplated change. But, although some injurious effect upon
trade may have been produced by uncertainty as to the result of
the negotiations which were proceeding, and the possible change
to the Canadian Tariff, the Year was fairly prosperous in
respect of the material interests of the Colony. The
explanation of the diminution of Import Duties is to be found
quite as much in the increased production of articles of food
and general consumption within our own borders, as in diminished
consumption of imported merchandise.

3. Indeed, Agriculture, Stockraising and the minor operations
of Husbandry have been much and successfully extended both on
the Mainland and on Vancouver Island. And applications for land
for settlement have been numerous.

4. The older Gold Fields at Cariboo and Kootenay are still
productive, and give employment to a large number of miners who
conduct their enterprises upon more scientific systems than are
found in "placer diggings." Although the results may not be so
brilliant and attractive as in newer localities they
sufficiently reward steady and intelligent industry. But, during
the Year Reports were received of the discovery of "placer
diggings" on the Findlay, Germansen, and other "Creeks," or
Streams, tributaries of Peace River in the Northern part of the
Colony. The first intelligence was viewed with some degree of
doubt, as many such previous reports had been found to cause
disappointments. But, there now seems little reason to question
that gold deposits have been found in the region of Peace River
which have richly rewarded the first seekers and bid fair to be
as productive as the Cariboo district in the earlier days of the
Colony. A large influx of mining population has been drawn by
the news from the neighbouring States and territories who are
proceeding to these mines. Trade has been stimulated and all
branches of industry have received an impetus. The local
government has endeavoured to facilitate communication with the
Omineca District as it is now called, and I have sent Mr
O'Reilly, the Chief Gold Commissioner, who is an experienced
Magistrate, to that place to administer justice and ensure
order, with instructions to report fully upon the prospects
which are afforded and the conditions of the mining Camps.

5. Renewed effort is being made by several Companies to further
develop the rich deposits of Coal which Vancouver Island
undoubtedly possesses and I believe that in a short time many
new mines will be in successful operation. One at least of the
seams it is proposed to work produces Coal of quality superior to
that hitherto generally found, being in value for Steam purposes
about midway between Scotch and Welsh Coal.

6. Upon the whole Your Lordship will see that the Colony is
making progress and will enter upon its new position as a
Province of the Dominion with a bright promise for the future.
Under the arrangements for Union the condition of the finances
will be much improved. The public debt will be assumed by
Canada, and the local Revenue will be no longer affected by
fluctuations in the receipts from Customs Duties.
While funds provided by the Subsidies agreed upon and from other
sources of Income should be amply sufficient for lessened local
requirements when relieved of the charges to be borne by the
federal administration, I have little doubt that Immigration,
which is much desired, will be caused at least to some limited
extent by the impending changes, and the attraction afforded by
employment which may be obtained on the works to be soon
commenced for the construction of the proposed Railway. Already
it is generally admitted that the value of property has
increased, and new spirit has been largely infused into all
branches of business undertakings. On relinquishing the
administration of the Government after the Union is completed,
as will soon be the case, I shall do so in the belief as well as
the hope that the progress of this magnificent Province in
prosperity and importance will be both rapid and continuous.



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FILE: 1871-06-22_Musgrave_to_Kimberley_B71067.txt
================================================================================

No. 67

With reference to the question of the Northwestern Boundary and
the possession of the Island of San Juan, I have the honor to
enclose for Your Lordship's information a
 tracing of a portion
of a Map published in 1848 under the authority of the Senate of
the United States, of which a copy has been found here in the
Lands & Works Office. I believe this to be the one referred to
by Captain Prevost in his correspondence with Mr Archibald
Campbell on the discussion of the
 question of Boundary in
November 1857. Probably Your Lordship's Department is already
furnished with this Map, but it may be useful to know where
another Copy can be found in case one should be wanted. It
certainly appears to afford evidence that at the date if its
compilation the group of Islands in the Gulf of
 Georgia was
regarded by the authorities of the United States as belonging to
Vancouver Island.



================================================================================
FILE: 1871-06-23_Sybry,_Searls_&_Co._to_Colonial_Office_B716S01.txt
================================================================================

Memo, Sybry, Searls & Co. to Colonial Office

Will you kindly inform us from whom we can be furnished with an
accurate map of Vancouver Island, and, in fact any other maps of
our colonies.



================================================================================
FILE: 1871-06-28_Kimberley_to_Musgrave_B717063.txt
================================================================================

No. 63

I have to acknowledge the receipt of your Despatch No. 60 of the 17
May last enclosing certain Resolutions against the Civil List Act,
passed at meetings at Lillooet, Lytton, Bonaparte House, and Hat Creek House.

I have in reply only to refer you to my Despatch No. 44 of the 15
 May and to request you to cause the substance of that Despatch to be
communicated to the memorialists.



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FILE: 1871-06-28_Kimberley_to_Musgrave_B717064.txt
================================================================================

No. 64

I have received your Despatch No. 59 dated 17 May, respecting the
claim of the liquidation of the Queen Charlotte Mining Co. to a premium
of £500 offered by the Government of B.C. in 1864 for the first 200 tons produced in the Colony and shipped to any foreign Port.
You state in your Despatch you have not felt yourself at liberty to
recognize the validity of this claim, or to recommend it to the present
Legislature of the Colony.

As at present advised I am unable to concur in this view. If it
was desirable to offer such a premium at all it should have been made
subject to distinct conditions as to the time for which the offer was to
hold good and a vote for the purpose should have been placed on the
Estimates, but I am unable to perceive that the absence of any enactment
whether in an appropriation Act or otherwise absolves the Government and
Legislature of the Colony for the time being from the responsibility
(which in a general rule in such cases is accepted without question) for
obligations entered into by a preceding Government and Legislature.

As the offer does not appear at any time revoked it appears to me
that the good faith of the Colony is pledged to this expenditure, and
unless there are other reasons than those contained in the papers before
me which could be held to justify a contrary course the matter should be
brought under the notice of the Provincial Legislature.



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FILE: 1871-06-28_Kimberley_to_Musgrave_B717065.txt
================================================================================

No. 65

In consequence of the approaching change in the constitution of the
Office of the Governor of B.C. by which he will cease to be an Officer
 appointed by the Queen, and to correspond direct with the Secretary of
 State I have to request that you will select from the Records of the
Colony all Despatches from the Secretary of State to the Governor which
are marked as confidential or secret, and also similar Despatches from
the Governor to the Secretaries of State and cause them to be packed in
packing cases and transmitted to me at this office.

If it should be found that such Despatches have been bound up with
public Despatches, I shall wish you to send them all to me. If on the
other hand the public Despatches have been kept separately you will
cause them to be packed in cases to await any directions you may receive
 from Lord Lisgar with whom I have communicated as to their ultimate
disposal.



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FILE: 1871-06-29_Bridges,_Sawlett,_Haywood_&_Co._to_Herbert_Permanent_Under-Secretary_B716B01.txt
================================================================================

Bridges, Sawlett, Haywood & Co. to Herbert (Permanent Under-Secretary)

We are Solicitors for the family of the late Captn Venables of
the 74th Regiment who was drowned in Fraser River British
Columbia in August 1864. Captn Venables was at the time of his
death a Military Settler there, and was entitled to a Government
Grant of 1456 acres at "the Lakes" Thompson River. He died
unmarried & left no will and we are informed that the Grant was
never made out, but he had what is called a "covenant for
title." His brother has a Preemption claim over a portion of
the land upon an improvement Certificate. He left Surviving a
Mother half brother (the present Bishop of Nassau) 2 brothers
and a Sister. We are informed by a Gentleman who has held an
Appointment in the Colony that all the next of kin are interested.

We shall esteem it a favor if you will kindly refer us to some
quarter where we may obtain information on the subject and
perhaps you would allow us to inspect the Statutes of the Colony
at the Colonial Office.



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FILE: 1871-07-03_Kimberley_to_Musgrave_B717066.txt
================================================================================

No. 66

I have received your Despatch No. 56 of the 11 May enclosing a
letter addressed to me by Mr. Justice Crease respecting the pension he
will be entitled to draw on retiring from the service.

You will inform Mr. Crease that I cannot doubt that the Government
 of Canada will place the judges of B.C. in as good a position as regards
pension, as the judges of the other Provinces who have already entered
the Dominion but that Federation is now too far advanced for me to
impose upon the Government of Canada any new conditions as to pensions.



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FILE: 1871-07-05_Kimberley_to_Musgrave_B717067.txt
================================================================================

No. 67

I sent to you this day at 3.5 P.M. a telegraphic Despatch in the
following words "Pack up and send home all Confidential and Secret
Despatches."



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FILE: 1871-07-12_Musgrave_to_Kimberley_B71068.txt
================================================================================

No. 68

I have the honor to acknowledge Your Lordship's Despatch No 52,
of the 27th May transmitting the Order of Her Majesty in
Council dated the 16th May for uniting British Columbia to the
Dominion of Canada in accordance with the Addresses passed by
the Legislatures of the two Colonies.

2. This final completion of the negotiations for Union has been
received with gratification by all parties in the Community. I
have given due publicity to the Order in Council, and have
proclaimed the 20th of July to be observed as a Public Holiday
in honor of the occasion. On that day this Province will
quickly become a part of the Dominion, and so far as the future
can be foreseen, there is now no reason to apprehend any
reaction of public feeling adverse to the Union, or any
difficulty in arrangement of the several Departments of public
business. I enclose copies of the Government Gazette containing
the Order in Council declaring the Union, as well as that
confirming the Constitution Act, and my Proclamation fixing the
19th day of July as the date on which that measure shall come
into operation and take effect.

3. It is a matter of natural gratification to me that I have
been able successfully to carry out the Policy of Her Majesty's
government to Your Lordship's satisfaction; especially as the
arrangements which have been effected after much difficult and
delicate negotiation have obtained the commendation of Lord
Lisgar on behalf of the Government of Canada, and are received
with willing assent by the whole of this Community, even
including the Official body who were most likely to be
injuriously affected by political changes.

4. The Canadian Minister of Customs has already communicated
with me on the subject of the transfer of the Customs
Department. Arrangements have been completed for payment of the
floating Public Debt by the Canadian authorities through the
Bank of British Columbia on the 15th instant, notice having
been given at my instance to the Debenture holders. Other
minor business is in train.

5. I have been acquainted with the appointment of Mr Joseph
Trutch as Lieutenant Governor by the Government of the Dominion,
and that he will be at San Francisco on his way to Victoria at
the end of this Month. No advantage therefore will be derived
by my now remaining in the Colony, and in accordance with the
authority conveyed to me in Your Lordship's Despatch, No 34, of
the 2nd May, I intend to leave Victoria on the 25th instant in
Her Majesty's Ship "Sparrowhawk", which Admiral Farquhar has
kindly placed at my disposal for the purpose. At San Francisco
I shall meet Mr Trutch, and he will obtain a passage to
Victoria in the same Vessel on her return.

6. I cannot conclude this almost my last Despatch from this
government without expressing to Your Lordship my grateful
appreciation of the approval which since my assumption of this
government has been uniformly accorded to the recommendations
which from time to time I have found it my duty to make. The
success of the measures which I have adopted, or advocated, has
been their justification. But, that success is mainly due to
the support and confidence afforded to me by Your Lordship.



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FILE: 1871-07-12_Musgrave_to_Kimberley_B71068SP.txt
================================================================================

[Separate]

I have the honor to acknowledge the receipt, on the 6th ultimo,
of Your Lordship's Despatches, of the numbers and dates noted in
the margin,

*

and to transmit herewith the Schedules

**

of those remaining unanswered.



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FILE: 1871-07-12_Musgrave_to_Kimberley_B71068SQ.txt
================================================================================

[Separate]

I have the honor to acknowledge the receipt, on the 15th
ultimo, of Your Lordship's Despatches, of the numbers and dates
noted in the margin,

*

and to transmit herewith the Schedules

**

of those remaining unanswered.



================================================================================
FILE: 1871-07-12_Musgrave_to_Kimberley_B71068SR.txt
================================================================================

[Separate]

I have the honor to acknowledge the receipt, on the 23rd
ultimo, of Your Lordship's Despatches, of the numbers and dates
noted in the margin,

*

and to transmit herewith the Schedules

**

of those remaining unanswered.



================================================================================
FILE: 1871-07-12_Musgrave_to_Kimberley_B71068SS.txt
================================================================================

[Separate]

I have the honor to acknowledge the receipt, on the 9th
instant, of Your Lordship's Despatches of the numbers and dates
noted in the margin,

*

and to transmit herewith the Schedules of those remaining
answered.



================================================================================
FILE: 1871-07-13_Kimberley_to_The_Officer_Administering_the_Government_of_British_Columbia_B717068.txt
================================================================================

No. 68

I transmit to you a copy of a letter from the Foreign Office
enclosing one from Rear Admiral Prevost in which he requests that
answers may be obtained to the accompanying questions having reference
to the San Juan case, which he is engaged in drawing up on behalf of Her
Majesty's Government.

I request that you will communicate with Sir J. Douglas as
suggested by Admiral Prevost without delay and I have to call your
attention to the suggestion that such information as can be obtained
should be duly sworn to and legally drawn and in shape that it may be
laid before the Arbitrator.

The enquiries should be made as far as possible confidentially.

I have informed Lord Lisgar that this application to save time has
been made direct to you.



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FILE: 1871-07-13_Musgrave_to_Kimberley_B71069.txt
================================================================================

No. 69

I have the honor to report that in exercise of the authority
given in Your Lordship['s] Despatch, No. 34 of the 2nd May last,
I have this day drawn a Bill at ten days sight on Her Majesty's
Paymaster General, Whitehall, in favor of Messrs. C.W. & F.
Shand Liverpool for the sum of Eight Hundred Pounds, being the
amount of allowance for return passage on my retirement from
this Government.



================================================================================
FILE: 1871-07-19_Musgrave_to_Kimberley_B71070.txt
================================================================================

No. 70

With reference to Your Lordship's Despatch Circular of the 6th
June I have the honor to acquaint you that the best Map of
British Columbia is one now being engraved for publication by
Stanford of Charing Cross which must be nearly completed. It
was prepared in the Lands and Works Department here, and
contains all the latest information which has been obtained.

The only other published Maps—those of the surveyed Districts
of Vancouver Island—are already in the possession of the
Colonial Department.



================================================================================
FILE: 1871-07-19_Musgrave_to_Kimberley_B71071.txt
================================================================================

No. 71

I have the honor to forward the Executive Council Minutes from
the 21st of January, to the 7th of July of the current Year.



================================================================================
FILE: 1871-07-19_Musgrave_to_Kimberley_B71072.txt
================================================================================

No. 72

I have the honor to forward herewith the Duplicate "Blue Book"
for last year.



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FILE: 1871-07-19_Musgrave_to_Kimberley_B71073.txt
================================================================================

No. 73

I have had the honor to receive Your Lordship's Despatch No 61,
of the 17th June, enclosing correspondence with Mr G.E. Nias,
on the subject of the land in dispute between him and the
government of British Columbia. A Lease for a nominal Rent has
in accordance with Your Lordship's suggestion been offered to
Mrs Nias who is in occupation of the land, and is acting under
legal advice, for her husband, but she is indisposed to accept
that arrangement.

2. The case of Dr Trimble is now under adjudication and will
probably be determined in a very short time, when the question
of Mr Nias' title will also be decided. If the decision, as
there can be little doubt, should be in favor of the government
it will then be more easy to effect some arrangement by which
Mr Nias may be able to exhaust the value of the improvements
made upon the land.

3. I enclose a Copy of the Information filed in the Supreme
Court in the case of Dr Trimble which contains a clear
statement of the matter at issue, and may be useful if any
further reference is made to Your Lordship on the subject.



================================================================================
FILE: 1871-07-24_Musgrave_to_Kimberley_B71074.txt
================================================================================

No. 74

I have the honor to forward to Your Lordship Copies of Addresses
which have been presented to me on my departure by the Clergy of
the Church of England and by the Public Officers of the Colony,
and of my replies on these occasions.



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FILE: 1871-07-24_Musgrave_to_Kimberley_B71075.txt
================================================================================

No. 75

I have the honor to acquaint Your Lordship that in accordance
with the intention I expressed in my Despatch No 68, of 12th
July, I shall embark tomorrow in Her Majesty's Ship
"Sparrowhawk" for San Francisco on my way to England; and on my
arrival in London I shall wait upon Your Lordship to report in
person the satisfactory completion of the Union of this Colony
with Canada.



================================================================================
FILE: 1871-07-24_Musgrave_to_Kimberley_B71075SP.txt
================================================================================

[Separate]

I have the honor to acknowledge the receipt, on the 15th
instant, of Your Lordship's Despatches, of the numbers and dates
noted in the margin,

*

and to transmit herewith the Schedules of those remaining
unanswered.



================================================================================
FILE: 1871-08-17_Law_to_Under-Secretary_of_State_B715TE01.txt
================================================================================

Law to Under-Secretary of State

I am directed by the Lords Commissioners of Her Majesty's
Treasury to transmit to you, herewith, for the information of
the Secretary of State with reference to your letter of the
11th instt the inclosed copy of a Report from the Assistant
Solicitor to this Board relative to the steps which are being
taken in connection with the defalcations of the late Mr
Cochrane, formerly Magistrate's Clerk and Recorder of Mining
Claims at Cariboo in British Guiana [British Columbia].



================================================================================
FILE: 1871-08-19_Lushington_to_Under-Secretary_of_State_B715AD02.txt
================================================================================

Lushington to Under-Secretary of State

I am commanded by my Lords Commissioners of the Admiralty to
transmit to you, for the information of the Secretary of State
for the Colonies, a copy of a letter, No 102 of the 22nd
Ultimo, from the Naval Commander in chief in the Pacific
reporting that he had placed HMS "Sparrowhawk" at the disposal
of the late Governor of British Columbia to convey him to San
Francisco.



================================================================================
FILE: 1871-08-23_Law_to_Under-Secretary_of_State_B715TE02.txt
================================================================================

Law to Under-Secretary of State

I am directed by the Lords Commissioners of Her Majesty's
Treasury to transmit to you, herewith, for the information of
the Secretary of State with reference to previous correspondence
the enclosed copy of a further Report from the Solicitor to this
Board dated the 19th instt relative to the case of the late Mr
Cochrane, and I am to request that you will move Lord Kimberley
to instruct Governor Musgrave to furnish the information to
which the Solicitor refers.



================================================================================
FILE: 1871-08-23_Lushington_to_Under-Secretary_of_State_B715AD03.txt
================================================================================

Lushington to Under-Secretary of State

With reference to my letter of the 19th Instant I am commanded
by my Lords Commissioners of the Admiralty to send you,
herewith, for the information of Earl Kimberley an Extract from
a General Letter from Rear Admiral Farquhar dated at Esquimalt
the 25 July stating that the "Sparrowhawk" would be placed at
the disposal of the newly appointed Lieutenant Governor of
British Columbia to convey him from San Francisco.



================================================================================
FILE: 1871-10-23_Trutch_to_Kimberley_B71080.txt
================================================================================

Lieutenant Governor Trutch to Kimberley

I have the honor to enclose herewith a Duplicate of the
Memorandum by Sir James Douglas on the North-west Water Boundary
question, which was transmitted to Your Lordship in my Despatch
of the 9th instant; and I also forward a copy of a Letter this
day received by me from the Attorney General of this Province
together with the original documents sent therewith, containing
testimony on the above mentioned subject, similar to that
forwarded with my Despatch above mentioned, but which has been
prepared in different forms, some having been sworn to and some
not, as stated by the Attorney General, so that such of these
documents may be selected as may be deemed most advisable for
submission to the Arbitrator.

The printed "Communication" referred to by the Attorney
General, is likewise sent herewith—a copy thereof still
remaining in the Province.



================================================================================
FILE: 1871-10-28_Trutch_to_Kimberley_B71081.txt
================================================================================

Memo, Lieutenant Governor Trutch to Cox

The Lieutenant Governor of British Columbia presents his
Compliments to Mr Cox, and requests that the enclosed
Affidavit, which should have been forwarded by a Mail of the
24th Instant, may be placed among the Documents concerning the
disputed Island of San Juan.



================================================================================
FILE: 1871_Musgrave_to_Kimberley_B71024T.txt
================================================================================

Telegram

Phillipo would accept if without prejudice to eventual Canadian
pension on failure of health but cannot move till June on
account wifes serious illness.



================================================================================
FILE: 1871_Musgrave_to_Kimberley_B71041T.txt
================================================================================

Telegram

Phillips [Phillippo]
accepts leaves by next Mail via England quickest route
asks consideration for future Canadian pension Canada not
suffering by Abeyance of claim please acknowledge.



================================================================================
FILE: 1871_No_signature_to_Unknown_B715PA01.txt
================================================================================

Notice of Question

7. Viscount Sandon,—To ask the Under Secretary of State for
the Colonies, whether the arrangements are completed for the
union of the Colony of British Columbia with the Dominion of
Canada:

Whether any negotiations have taken place respecting the Railway
for connecting that Colony with Canada:

And, how soon he will be able to lay upon the Table of the House
Papers upon this subject. (Monday 13th February.)

