6226.
No. 349.
(BRITISH COLUMBIA.)
SIR,
LAW OFFICERS to COLONIAL OFFICE.
Lincoln's Inn, June 30, 1865.
-
We are honoured with your commands, signified in Sir Frederic Rogers' letter of the 7th of June instant, stating that he was directed by you to acquaint us that a question has been raised as to the limits of the Colonies of Vancouver's Island and British Columbia.
That the Act 12 & 13 Vict. c. 48. contains the following clause:-"IV. And be it An Act to provide enacted that all such islands adjacent to Vancouver's Island, or to the western coast for the administration
of Justice in Van- " of North America, and forming part of the dominions of Her Majesty as are to the courer's Island.
southward of the fifty-second degree of north latitude shall be deemed part of "Vancouver's Island for the purposes of this Act."
of British Columbia.
That by the 6th clause of the temporary Act 21 & 22 Vict. c. 99., it was provided An Act to provide that, "no part of the Colony of Vancouver's Island, as at present established, shall be for the government "comprised within British Columbia for the purpose of this Act."
That the Act 26 & 27 Viot. c. 83., after repealing the first section of the Act An Act to define the 21 & 22 Vict. c. 99., and continuing the remaining sections till the 31st December boundaries of the Colony of British 1863 (when they expired) proceeded to enact that, "British Columbia ahall for the Columbia, and to
purposes of the said Act, and all other purposes, include Queen Charlotte's Island continue an Act to
provide for the "and all other islands adjacent to the said territories, except Vancouver's Island and government of the "the islands adjacent thereto."
*
That under these Acts you requested that we would favour you with our opinion whether the islands adjacent to the west coast of North America belong to British Columbia or to Vancouver's Island, and, if so, what course we would recommend, in order to prevent controversy between the two Colonies respecting their jurisdiction over the interjacent islands.
Sir Frederic Rogers was also pleased to annex, for convenience of reference, a map including the two Colonies, and a copy of a Despatch from the Governor of British Columbia, which has raised the question.
In obedience to your commande, we have taken this matter into consideration, and have the honour to
Report
That we think all the islands adjacent to the west coast of North America, south (ie., lying wholly south) of the 52 degree of north latitude, still belong to Vancouver's leland, and not to British Columbia. The point seems to us too clear to admit of controversy. The words in section 3 of 26 & 27 Vict. c. 83., "Vancouver's Island and "the islands adjacent thereto." are perfectly sensible if applied to such islands, without exception; and as the definition is given for the purposes of the Act 21 & 22 Vict. c. 99. (while it should continue in force) as well as for all other purposes, it must be read consistently with and not as repealing or altering the 6th section of that Act, which (like all other sections of it, except the first) was by section 2 of 26 & 27 Vict. c. 83., expressly kept in force till the 31st December 1863.
It does not occur to us to suggest any course except that, if the commissions of the Governors are not clearly in accordance with the law in this respect, they should be made so.
The Right Hon. Edward Cardwell, M.P.
&c.
&c.
&c.
We have, &c. (Signed) ROUNDELL PALMER.
R. P. COLLIER.
Baid Colony.
16376-498.
15-9/86.
PUBLIC RECORD OFFICE
Reference :-
LTC.O. 885 † 10
|ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
PUBLIC RECORD OFFICE, LONDON
loublie DéCORD OFFICE 1 pichani)
COPYRIGHT PHOTOGRAPH—NOT TO