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Tous les autres exemplaires originaux sont filmAs en commen^ant par la premiere page qui comporte une empreinte d'impression ou d'illustration et en terminant par la derniire page qui comporte une telle empreinte. Un des symboles suivants apparaitra sur la dernidre image de cheque microfiche, selon le cas: le symbole — »> signifie "A SUIVRE ", le symbole V signifie "FIN". Les cartes, planches, tableaux, etc., peuvent dtre filmAs A des taux de reduction diffArents. Lorsque le document est trop grand pour dtre reproduit en un seul clichA, il est filmA A partir de Tangle supArieur gauche, de gauche A droite, et de haut en bas, en prenant le nombre d'images nAcnssaire. Les diagrammes suivants illustrent ia mAthode. 1 2 3 1 6 t Lj -i)BPARTMENT.-~J m r Instructions to Mr. Blanchard, ^l^ GOVERNOR OF VANCOUVER ISLAND. VANCOUVEB ISLAND. Instructions to Our trusvy and wcll-bolovod RicnABD Blanohard, Esq., Our Governor and Commander-in-Chief in and over Our Island of Vancouver and its Dependencies, or, in his absence, to Our Lieutenant-Governor or Officer administering the Govern- ment of Our eaid Island and its Dependencies for the time being. Given at Our Court at , the day of , 1849, in the thirteenth year of Our Eeign. •V. ■1 ■.r" 1. With these Our Instructions you will receive Our Commission under Our Great Seal of the United Kingdom of Great Hritain and Ireland constituting you to be Our Governor and Commander in-Chief in and over Our Island of Vancouver and its Depen- dencies. You arc, therefore, with all convenient speed to assume and enter upon fhe execution of the trust Wt have reposed in you. 2. And you are, with all due and usual solemnity, to cause Our said Commission constituting you Our Governor and Conimandor-in-Chiof as aforesaid, to be read and publishcii, iiller which \ ou uve to lake the oaths i:)>))oiiitoil to he taken by an Act passed in the first year ol the reign oT King (loorgc the First, intituled "An Act for the further " security of His Majesty's Person iwi Govcrnmout and the succession of the Crown in '' the heirs of the late rniiciss Sophia, being Protoslants, and for extinguishing the " hopes of iho pretended Prince of "W'nlcs and Jii^ open and secret abettors," as altered and explained by an Act passed in the tUh year of the reign of King George the Third, intituled "An Act for altering the Oath of Abjuration and the Assurance," and for amending so much of an .Net of ttic seventh yeai" of ller late Majesty Qr -i Anne, intituled "An Act for the Improvement of the Union of the two Kingdoms as after the " time therein limilcd requires tiio delivery ot certain lists and copies therein mentioned " to persons indicated of Jligh Trenson or -.Misprision ol Treason," or in lieu thereof the Oaths required to bo luketi by nn..\ct parsed in tlie tenth year of the reign of His late Majesty King George the Fourth, intituled "An Act tor iho relief of His Majesty's " Eoman Catholic subjocts," acoordir r as the said former Acts or the said last-mentioned shall be applicable to your c;;se; and likowiso that you take the usual oath for the due execution of the office anc' trust of Our Governor and Coi Jnander-in-Chief in and over our said islands and territories, and for the due and impartial administi-ation of Justice; and further that you take the onths required to bo taken by Governors of Plantations, to do their utmost that the sovcr;i' !a\v>i relating to trade and the plantations be duly observed, which oaths Our Council of Our said Island and its Dependencies, or any three of the .Members thoreof, have hereby [nil power and authority and are required to tender and administer unto you, and, in your absence, to Our Lieutenant-Governor, if there bo one on iJio pincc, nil which being du!" ;K!'l'onnoi!, you Avill administer to each o* the Merabere of Our suid Council tho Ovtli o.* Allegiance. 3. You iiro !'y yourscT, or !\y ivuy other pc'non to be authorized by you in that behalf, to a iiiiininter and to give to all iind eveiy fcucb persons as you shall think fit wlio shal) iicld any olL'co or )il;ioo of tiMisfc or -r.^iBt, or who shall at any time or tioies pass into our niiid It;. and or be /esident'iheroiu, Lhe H:ud Oath of Allegiance, save only m oases wherein any other oath or oatLa ii3 cr uro proscribed by the Statutes in that .L Inbtbuctions to Governor Blanohard. '' ytr-v* ij behalf mudc, or by any of them, in which cases it is Our pleasure, and ^7e do hereby direct that you do administer to such persons such other oath or oaths as aforesaid. 4. And wlicrcas, by Our said Commission, We have authorized you and such other persons us arc in the said Conimissiuu designated, to constitute and be a Council for the said Colony: And Wo have by the said Commission further declared that in addition to yonrselt the said Council shall be composed of such persons within the same ns shall from time to time be named or de8ignat',>d tor tliat purpose by Us, by Our instruction or instruc- tions, warrant or warrants, to lo by l^s lor that purpose issued under Our sign manual and signet aiid with tlio advice of Our Privy Council, and that all such Councillors should hold their piacos in the said C-ouncil at Our pleasure, and tiuit you, with the advice of the said Council, shall have full power and authority to make and enact all such Laws and Ordinances as may from time to time be required for the order and good govern- ment of the said Islauii; and that in making all such Laws and Ordinances you shall exercise all such powers and authorities, and that you and the said Council shall con- form to anil observe all such rules and regulations as shall be given and prescribeii in and by such instructions as AVe, with the advice of Our Privy Council, shall I'rom time to time make for lii»-and their guidance therein. Now, therefore, by tiieso Our Instructions under Our sign manual and signet, being the instructions so referred to as last aforesaid, We do authorize and empower you — until further and other provisions shall be made by Us in that behalf — bj* an instrument or instruments to be made and issued in Our name and under the public seal of Our said Island, to constitut* and appoint seven persons being within the same to be Members of the said Council during Our pleasure, and any three of whom Wo do hereby appoint to be a quorum; and so from time to time as often as any such person shall die or resign his seat in the saiil Couneii, or be absviLii()UL ii-.ivc iu)i'i }o:i or (.'iir Govcrr.o.' ;,ii.| » 'ominaiiicr-iu-* iiiel' ior tnc lihio being liriHt oliiaiiic I u/nier vour or b."* iiand Jiiid .seal, or Hl.all reniai'i .il>Mont i\,\' the spaco ul t>vo years successively witnout bav>.- ;^ivc:i them undci" our .sign maiiiud and signet, their place or places in the said Council shall immediately thereupon become void, and that if any of the MomborH of Our said Council then residing within Our said Island shall hcroaftei' absent themselves when duly sumnio led witliout suliicicnt ci us.', and shall persist, in sucii ab.-^cncc uli.e" bcin;,' tiioroof admonished y you, you arc to sus- pou! the said Councillors S'j ibf^cnt.ii^ "iienD^elvcs unli! Our turtlnr wil! . d itkiisnro therein bo known, giviii;- iiiimediafo noiice thereof to Us through one oi Our Principal Secretaries of State. Aud Wo do Iicrcby w'.: a k.' require 'uhi.t Our Roya' pleasure bo eiguitied to the Members oi our said Couneii and outorcd in the Council Book as a Standing Itulc. Instructions to Qovbrnor Blanchard. ur said :9 Umt iiiro, it rcaftor oi' six ii I' lor cut i'ov liuLiual become nw said Ul US'', t(J ,SU8- •incipai 0. And wliorens by our nforosnid romniission you arc niitiiorizod and ompoworcd to Buninion and cill lit'H of ihc I'lindiDldiTs within Our said Iwland and its di'|i(Mi(k iicic.H as tlu-rcin s|iofili(Ml, in sucli manner and lorni and accordiiii:; to such powers, inslruc'lions and antiioi'ilics as two i;iiintod or appointcil In' those our Instruc- tionH in that hohall, yon aro liieretoro, tor llie purpose of elcctinj^ tiie nieniliers of such AsscniLilit's, hercliy anlhorizi'tl to issue a I'roclaniiition di'clarinjf tl < number of repre- sentatives to lie chosen liy such freciiohbTs to aervo in the said (ieneial A sembly: and if you shall see fit, dividinjjf our said Island and its dcpoudencics dUo ilistricta or counties, towns or townsliiiis. and declarinif the number to bo chosen by cuch of such districts or eonnties, towns or townships respectively. And you are also heivdiy authorized and empowered from time to time to nominate and appoint proper jiersons to execute the ofliee of Returning Ofliecr in the said Island, or in sueh dislrieis or counties, towns or townships respective!}-; ami you are, as soon ns J'OH siiall see expe(iietit, to issue Writs in Ouv nnnie direeiod to tho proper offieers in the said Island, or the ])roper olfleers in sueh distriets or counties, towns or townships respeetively, directing tiiem to summon the atbresuid freeholders to proceed to the election of ])ersoiis to rejjresent them in tiie (Jcneral Assembly, according to the regula- tions and directions to be signified in the proclamation to bo so issuod by you as aforesaid. 10. You are to observe in the ])a8sing of all laws that the style of enacting tho same bo by tiic Governor. Council, and Asscmldy of Our said Island and its dependencies. 11, And you sh.all not ic-enact anj' laws to which the assent of Us or Our Royal predecessoi's has once been refused without express leave for ti)at purpose first o!)tainod from us upon a liill representation by you to lu- made to fJs ihrough one o*' Our Princi- pal Secretaries of State of the reason and necessity of re-enacting hueh law. 1'-'. And it is Our express \> !'• and j)lea8ure that no law Le made to continue for less than two years, except only in e....v;.i where it may ho necessary upon some unforo- Been emergency to make j)rovision liy law for a service in its nature temporary and contingent. Ui You are also as much as possible to observe in tho passing of all laws that each difTereni matter be provided lor by a ditl'ereiit law, without intermixing in one and the Banic y\cts su( h things as have no proper relation to each other; and you are more cs])eciaily to take care that no clause or clauses he inserted in or annexed to any Act which shall be foreign to what the title of such resi)cctivo Act imj)orts, and that no per- petual clause he part of any temporary law. 14. It is Our will ami pleasure that you do not give your assent to any bill or bills for raising nionej' by the institution of any public or private lotteries. If). It is Our will and ]deasuro that you do not on any ])retenee whatever give your assent to or jitiss any bill or bills in Our I.sland under your (lovcrnment by which tho lands, tenements, gooiis, chattels, rights, and credits of ]iersons who have never resided within Our said Island sluill he liable to be seizeil or taken in execution for tho recovery of debts due liom such persons otherwise than is idloweil by law in cases of a like nature within our realm of England until you shall have first transmitted unto Ua through one of Our I'rincipiil Secretaries of State tho draft of such bill or bills, and shall liiive received Our I'oyal [deiisure lhereui)on, unless you tiike caro in tho passing of such bill or bills that a clause or clauses be inserted therein suspending and deferring the execution thereof until Our will and pleasure shall be known thereupon. Ui. It is Our further will and pleasure that you do not upon any pretence wliatso- evor give your iisseiil to any bill or fills that may have been or shall hereafter bo passed by the Council and Assendjiy of the Island under your Government for tho Natural- iztition of -Miens, nor for the J^ivoree of |)cr8on8 joined together in holy matrimony, nor for establishing a title in any ])erBon to lands, tcnoments, and real estates in Oui said Islanil origin.ally granted to or purchased by aliens to naturalization. 17. Whereas great mischiefs have ari-en by the frequent passing of bills of an unusual und extraordinary nature and importance in our plantations, which bills remain in force there from the time of enacting until Our pleasure be siifnified to tho contrary: Wo do hereby will and require you not to pass or give your assent to any bill or bills passed in the Assemldy of an unusual and extraordinary nature and importance whereby Our prerogative or tho ])i'operty ot Our subjects may he prejudiced; nor to any bill or bills whereby the trade or shipping of this Kingdom shall be in anywise affected, until Lf*c^ i^4o('iii BE INSIBUOTIONS TO GoVEUNOR BlANCIIARD. you Bhall have first tranHmittorl unto Us, tliront^h one of Our Prinoipjil Roorotnrics of State, a draft of sueli bill or liills, iiml hIiiiII liavr rt'frivfil ()ui- l!()y;il |iloiisiin' lliort'oii, unless you take caro in llio piiHsiiiLf iiii)' siu li Mils ms aloroiiK'ntiinicd thai llu-rc lio a clause inserted therein suspemliii;,' aii4 (lulerriiiii,' (.In. i xeculiou iliervof iiniil Our pkastiro shall bo known coiicoriiing tlic Hanic 18. You are also to take care tlial no ))riviUo Act be passed whereby the pro])orty of any private person may bo atJectod in wliich there is not a savin;^ of the ri.Ljht oi Us, Our heirs and successors, of all boilies puliliu and corporate, ami of all oibcr, except such as are mentioned in the said Acl, ami those clainiiiiy' by, froin and under them; and further, you shall take care that no surh private Act be passed without a clause suspending the execution thereof until tiic same shall have received Our J{oyttl approbation. It is likowiso Our will and pleasure that 3'ou do not i^ive j'oui- assent to any private Act until proof bo made botoro. you iu C'ouncii, and entered in the Council Hook, that public notification was made of the parties' intention to apjdy for such uti Act in the several parish churches where tht premises ill (luestion lie for ihree Sundays at least successively before any such Act shall be liroiii,Hit.iiito the Assembly, and that a cer- tificate under your hand be transmiuiMJ with and aniiexiil to every such private Act signifyinK that. the same has passed llir(jiii^h all tlie lorms above mentioned. 15). You are to take care that in all Acts or Orders to be passed within Our said Island in any case for levyinij; money or im|io>in_ij; tines iind penalties express mention bo made that the same is granted or resci'vcd to L's, (.)ur heirs and successors, for the public uses of the said Island anil the sujijiort ol'the {.iovernmciil thereof, as by the said Act or Order shall be directed. 20. You are not to sull'er any public money what soever, whether it be appropriated to any particular service or not by the Acl i,'ranting the same, to bo issued or disposed of otherwise than by warrant under your hand, b^- and with the consent of tl.r said Council. But the Assembly may nevertheless bo permitted from time to time to view and examine the accounts of money or value of niuney di-sposed ol b}' virtue ot laws nmde by them as there shall bo occasion. 21. It is Our will and pleasure that you do in all things conform yourself to tho provisions contained in an Act of Parliament passed in the 4th your of the reign of His lato Majesty King (teorgo the 'i'hird, intituled 'An Act to prevent Pajrer Hills of Credit " hereafter to bo issued in any ot IKr ilajesly's Colonies (tr I'lanti'lioiis in America " from being declared to bo a legal tender in payment of money, ami to prevent the "legal tender of such bills as are now sulsisling from being prolonged beyoml tho " periods limited for recalling in and sinking the same." (4 (ieo. 111., e. .'U.) And also of an Act passed in the l:)th year of the reign of II is late ilajesty to explain and amend tho above recited Act i)assed in the Ith year of liis reign as afore- said; and j'ou are not to give your assent to or j)as8 any Acts wherely Bills of Credit may bo struck or issued in lieu of money or for jiayment of money, either to you our Governor or to any person whatsoever, unless a i laiist' be inserted in such .\ct declaring that the same shall not take elfect until the said Act shall have been approved and con- firmed by Us, Our heirs, or successors. 22. You are to transmit an aiithenlieatod and separate copy of every I;aw, Statute, or Ordinance that at any time hercalter shall be made or enacted within the Island under your (JovernmeiiL under the pul.lie seal unto l's, through one of Our l^rincipal Secretaries of State, within three months or sooner alter their being enacted; but it it shall happen that no shipping sliiill come from Our said Island within three months after the making such Laws, Statutes and Ordinances, the same are to be transmitted by the next conveyance after the making thereof, whenever it may lia])pen, for Our approbation or disallowance of the sime. 23. And it is our further will and pleasure that the copies and duplicates of all Acts that shall bo transmitted as aforesaid be fairly abstracted in the margcnts, ami there be inserted the several dates or res; eetive times when the same passed the Council and Assembly and received your asserft; and you are to be as ))articnlar as may be in your observations to bo sent to Us through Our Princ ipal Secretaries of Stale ujion every Act that is to say, whether the same is introdiictive of a new law declarator}' of a former law, or does repeal a li.w then before iu being; and you are likewise to send to I iNflTRUOTIOlIB TO GOVSRNOR BlANOBAIID. tuto, iIiiihI ioi)ml t it oiiths illod Our A Us, through ono of Our Prinoipnl Secretaries of Stfilo, tho ronsons for the passing of such laws, uiih'HS tlie same do fully appear in the prcamlilew of tiio said Aets. 2t. You are lo require iho Heerelary of the said Island under your Government to furnish you with tran8eri|>ts of all such Acts and Puhlie Onlers as shall ho nindo from time to time, together with copies of tho Journals of iho Council, and that all such copies ho fairly abstracted in the mar^'in, to the end the sanio may bo transmitted to Vs through ono of Our Principal Secretaries of State. 2.1. You arc also to require from the Clerk of tho Assembly of tho said Island or other proper officer transcripts of all the Journals and other procoodings of tho said Assembly, and that all such transcripts bo fairly abstracted in the margin, to the end the same may in like manner be transmitted as aforesaid. 2(). You shall not appoint any person to he a Judge or Justice of tho Peace withont tho advice and consent of the majority of tho Council of Our said Island signified in Council; and it is Our further will and pleasure that all Commissions to bo granted by you to any person or persons to be Judges, Justices of tho Peace, or other necessary offlcers, be granted during Our pleasure only. 27. You shall not suspend any of the Judges, Justices or other officcrB or ministers without good and sufficient cause, which you shall signify in tho fullest and most dis- tinct manner to Us through ono of Our Principal Secretaries of State I 28. It being of the greatest importance to tho service and to tho woltaro of Our subjects that Justice bo everywhere speedily and duly administered, and that all disor- ders, • ■ lays, and other undue practices in tho administration thereof, bo olfectually prevented, We do particularly require you to take especial care that in all Courts where you arc authorized to preside Justice be impartially administered; and that in all other Courts estalilislied within Our Island all Judges and other persons therein convened likewise perform their several duties without any delay or partiality. 2f). And whereas Wo have by Our said Commission, authorized vou, upon sulBciont cause to you appearing, to suspend from tho e.xerciso of his office within Our said Island any person exorcising tho same under and by virtue of any Commission or Warrant granted or to bo granted by Us, or in Our name, or under Our authority : Now AVo do charge and require you, that before proceeding to any such suspension you do signify by a statement in writing to the person so to bo suspended tho grounds of such j'our intended proceeding against him; and that you do call upon such person to communicate to you in writing a statement of the grounds upon which ho may bo desirous to excul- pate himself, and that you transmit both of the said statemonts to Us, through ono of Our Principal Secretaries of State by tho earliest conveyance. 30. You arc to take care that all writs are to bo issued in Our name throughout Our said Island under your Government. .31. You are, with the advice and consent of Our Council, to take especial care to rcgulato all salaries and foes belonging to places or paid upon emergencies; that they be within tho bounds of moderation, and that no extortion bo made on any occasion whatsoever; as also that tables of all fees be puliiii ly hung up in all places where such fees are to bo paid; and you are to transmit copies of all such tables of foes to Ua through one of Our Principal Secretaries of State. 32. You shall not, bj' colour of an}' power or authority, hereby or otherwise granted or mentioned to be granted to you, take upon you to give, grantor dispose of any office or place within our said Island whicii now is or shall be granted under the Great Seal of this Kingdom, or to which any person is or shall bo appointed by warrant under Our sign manual and signet, any further than you may, upon the vacancy of any such oflico or place, or upon the susjiension of an}' such officer by you, put in any fit persoti to officiate in the interim till you shall have represented tho matter to Us through one of Our Principal Secretaries of State, which j'ou are to do by the first opportunity, and have received Our further directions therein. 33. You are to transmit unto Us, through ono of Our Principal Secretaries of State, with all convenient speed, a paiticular account of all establishments of Jurisdictions, Courts, Offices and Officers, I'owors, Authorities, Fees, and Privileges, granted and settled, or which shall be granted and settled within Our said Island, as likewise an account of all the expenses attending tho establishments of the said Courts, and of such funds as are settled and appropriated to discharge the same. •^434 iNSraUCTIONS TO GOVERNOR BlANOHARD. ;M. And whereas there have hcen f,'reftt irrp/^ularities in the manner of grantini; ComniiBHionB to ]iriviit(i whipH of wiii". you aro t<) /govern youTHelf, whoiiovcr tlioro Hhall ho occasion, accoi'ding to the (.'oniniissioii niul [riHtructioiiH uranlcij in tiiis Kingdom; hut you aro not to f,'rant ('onimissions of Marque or Hcnriwal against an}- I'rinee or State, or tin ir suhjccts, in umity with Vh, to any person whatsoever without our especial comniand. .'55. Wo do enjoin and require that you do take especial earo tiiat Alniiijhty God ho devoutly worshipped and truly served throufjhout your (Jovernment. You shall bo careful that all orthodox churches already built there be well and orderly kept, and that nioro ho built us Our Island shall by God's blessing bo improved. And you aro to take care that the parishes bo so limited and settled as you shall find most convenient fortho accomplishing of this good work. 3G. And whereas doubts have arisen whether the powers of granting Licences for Marriage and I'robatcs of Wills, commonly called the Office of Ordinary, which AV^o have reserved to you Our Govi^rnor, can he exercised by deputation from you to any other |)erson within Our said Island under your Government, it is Our express will aiid pleasure; and you are hereby directed and required not to grant deputations for the exercise of the said powers, commonly called tho Office of Ordinary, to any person or persons whatsoever in Our said Island under j'our Government. 37. It is Our further will and pleasure that you recommend to the Legislature to enter upon proper methods for the erecting and maintaining Schools, in order to the training up of youth to reading and to a necessary knowledge of the principles of religion. .^8. You shall, from time to time, give unto Us, through onoof Our Principal Secre- taries of State, an account of the wants and defects of the Island under your Government; what aro the chief products thereof, what improvements have been lately made, and what further improvements you conceive may be made or advantage gained by trade, and i" what way Wo may contribute thereto. H9. If anything shall happen which may be of advantage or security to Our Island under your (iovernment which is not herein by Our Commission provided for. We do hereby allow you, with the advice and consent of Our Council, to take orders for the present herein giving unto Us, through one of Our Principal Secretaries of State, speedy notice *\- .•cof, that so j'ou may receive Our ratification if wo shall approve the same: Provided always, that you do not, under colour of any power or authority hereby given to you, commence or declare war without Our knowledge and particular commands therein first obtained for so doing from Us under Our sign manual and signet, or by Our Order in Our Privy Council. 40. And whereas Wo have thought fit by Our Commission to direct that in case of your death or absence, and there bo at that time no person within our said Island com- missioned or appointed by Us to bo Lieutenant-Governor, or specially appointed by Ds to administer tho Government within Our said Island, the senior member for tho time being of the Council of Our said Island, and who shall bo at tho time of your death or absence residing within Our said Island and its dependencies, shall take upon him the administration of the Government, and execute Our said Commission and Instructions, and the several powers and authorities therein contained, in the manner therein directed. It is, nevertheless, Our express will and jjleasure that in such case tho Councillor so administering tho tJovernment shall forbear to pass any Acts but what are immediately necessary for the peace and welfare of the said Island withort Our particuliir order for that purpose; and that ho shiill not take upon him to dis' ol e tho Assembly then in being, or to remove or suspend any of the members of Cur Council, nor any Judge, Justices of tho I'eacc, or other officer, civil or military, 'vilhuut the advico and consent of the majority of the Council, nor even then without good and sufficient reason for tho same, which tho said President is to transmit, signed by himself and the respective Council, to Us, through one of Our Principal Secretaries of State. 41. And you arc upon all occasions to send to Us, through one of Our Principal Secretaries of State, a jtarticular account of all your procootlings, and of tho condition of affairs within your (iovernment. VICTOKIA : Printed by RiciiAnD Wolhrndkn, Govorninciit Printer, at the Government Printing Office, James' Cay. , i 'i --!. fltVa^iftwtdwftfcvi -*="^ i« Mi I #