711:
403:
399:, for the Victoria Town seat. Cary promised the city's relatively large Black American population, invited to Victoria under Douglas' protection, that they would be able to vote in the election if they owned property; Cary reasoned that since they were not recognized as citizens in the United States, they would thus qualify as British subjects. However, Cary's promise was contrary to law in the colony at that time. Despite this, many Black voters turned out in favour of Douglas and Cary, potentially swinging the Assembly race in his favour. This result was subject to allegations of fraud. Cary also served as the de facto finance minister of Vancouver Island from 1860 to 1863. He additionally became the acting registrar of Joint-Stock Companies after establishing a regulation board in 1860.
493:
33:
535:. After an audit, Kennedy accused Cary of corruption, including charging the government excessive fees for his services. Cary did not make any public response to these allegations. After being advised by Kennedy that he should resign as Attorney General, Cary wrote to the Executive Council that he was "declining to act any further for the Crown in cases where counsel is required." This was taken as a resignation statement, but Cary soon wrote to Kennedy that he had no intentions to resign. He then resigned shortly afterwards without further statements. The
524:) and returned home; this condition would continue to afflict him for the rest of his life. Cary was bitterly opposed by some parties in New Westminster, who constructed and burned effigies of him before ceremonially drowning the ashes. Cary introduced the Act of Incorporation of the Town of Victoria, and it was enacted in August 1862. However, the legislation lacked any provision for the town to levy taxes, which would only be implemented upon revision in 1867.
436:; however, as the South Australian version did not receive royal assent until October 1860, the version implemented in Vancouver Island was probably based off an 1858 draft of the act. Cary probably obtained a copy of the draft from a local politician with connections to politics in the Australian colonies; the jurist and future premier
578:. A surveyor named John J. Cochrane served as the public face for Cary's efforts. Cary came under significant public criticism when Cochrane erected fences around the spring and began to charge for water; the Hudson's Bay Company ultimately cancelled the sale, and Cary was labelled the "Water Monopolist" by the
480:
that it detracted from his skill as an administrator. Despite his tendency towards physical combat, he was regarded as intelligent and as a skilled speaker. He was able to get much legislation through the 2nd
Vancouver Island Assembly, in stark contrast to the deadlocked assembly which followed. In 1861, the
693:
More financial irregularities and evidence of embezzlement emerged after Cary left office. The
Executive Council noted a large deficit between the amount of money Cary had received in his duties as registrar and how much had entered the treasury; after he was ordered to pay the difference, he hired
479:
In 1860, Cary put forward an affidavit alleging that George W. Heaton, the first sheriff of
Vancouver Island, had allowed a debtor to escape custody. Heaton resigned shortly before his arrest, but returned to England soon after. Douglas described him as "excitable and overbearing" to such an extent
527:
Cary declined to run in the 1863 Vancouver Island
Legislative Assembly elections; he may have considered electoral success unlikely due to his reputation. Despite this, he continued on in his role as Attorney General. Cary's hostility towards Amor de Cosmos delayed the passage of his Legal
416:
Soon after arriving in the colony, Cary began to push for the implementation of the
Torrens system. A planned debate on the implementation of a traditional land deed system was postponed, probably due to Cary's advocacy. An article advocating for the Torrens system was published in the
1337:
706:
ball held at the
General Assembly. However, his failed investments had led him to financial difficulties, and he was forced to sell Cary Castle that year. The building would eventually become British Columbia's Government House.
701:
Cary's eccentricities worsened, and he entered a steep decline in mental health. Despite this and his legal issues, he continued his legal work and participation in civic life. In 1864, he served on an organising committee for a
786:
described Cary as having a "sometimes irritating temperament towards his opponents", but stated that he would have "advanced far beyond most men of his age" were it not for his mental health issues. The obituary published in
661:, another Vancouver Island politician, instead stated that Cary had intended the trip as a money-making opportunity from the outset. Cary invested in the Cariboo-based Never Sweat Mine Company. Visiting the mine himself, he
539:
reported his resignation with hopes that his replacement would be "a gentleman of integrity, ability and colonial experience, qualities that unfortunately have been 'conspicuous in their absence'". The New
Westminster–based
471:
soon afterwards. Cary denied having accepted the challenge, but was convicted "on notoriety". Unwilling to post bond, he was sentenced to a year's imprisonment, but was released on a technicality soon afterwards. The trader
247:
and investment into two road construction projects in the rural mainland; one was liquidated after he was accused of illegal land speculation, while the other drew later allegations of biological warfare against the
484:
began requiring the officials of the
British Columbia colony to live within the colony itself; Cary resigned his mainland post in favour of his role as Attorney General of Vancouver Island. Douglas appointed
676:
questioned Cary's optimism, stating that "the best miners are puzzled" at his investments. The mine operated with only minor difficulties over the following year, yielding a decent profit. However, a heavy
1344:
665:
gravel and found large quantities of gold. Seeing the mine as especially fruitful, he encouraged his friends to invest in the company. However, rumours quickly spread that the gravel had been
634:. However, while colonists undisputedly spread smallpox through the region, such actions being part of an intentional campaign to spread smallpox has been disputed by some historians such as
220:
and colonial official. Born in Essex, he studied law in London, and was recommended for a colonial posting by a family friend. Arriving in
British Columbia in 1859, he served as its first
350:, avoiding the pitfalls of earlier deeds systems, in which land ownership could be invalidated by the discovery of prior legal error or fraud in the chain of title. Cary was appointed
528:
Professions Act, 1865, which allowed lawyers from other
British colonies to become members of the Vancouver Island bar. The act would ultimately only pass after Cary's resignation.
1785:
451:. He developed a reputation for physical fights, with opponents including court defendants. Soon after his arrival in Victoria, he was arrested for "riding furiously" across the
764:
After returning to England, Cary stayed in London with his aunt and younger brother, who served as his caretaker. There, he died suddenly on 16 July 1866 of what an obituary in
264:. After his clerk witnessed several bouts of absurd behaviour from Cary in 1865, he was tricked into returning to London via a forged notification that he had been appointed
566:. He leased an additional 10 hectares (25 acres) adjacent to the eastern city limits of Victoria. In Victoria, he began the construction of an extravagant residence dubbed
1805:
473:
728:
witnessed him perform eccentric actions, such as sowing crops in a field at midnight by candlelight, speaking nonsense, and collecting bones and mushrooms to produce
641:
Cary later became an associate of another road project through the Bute Inlet Company. However, Douglas considered Cary's actions in violation of an 1853 law against
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725:
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the following January and was implemented throughout 1861. Cary did not move to implement the system outside of Vancouver Island. Only in 1870, four years after the
542:
658:
456:
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In 1862, Cary became a legal advisor and partner to the Bentinck Arm and Fraser River Company, organized for the purpose of building the Bentinck Arm Road, a
256:. His mental condition continued to deteriorate after leaving office in 1864. He became financially destitute after the construction of his ornate mansion,
1765:
452:
739:
Cary and his wife had discussed returning to England for several months, although he abruptly changed his mind and announced his plans to move to the
385:
A week after being appointed acting attorney general in August 1859, Cary announced his candidacy for the 2nd Vancouver Island Legislative Assembly
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on 10 June 1859, possibly due to his influence. A long period of legislative discussion resulted in the Land Registry Act 1860, which received
1780:
1065:
1548:
1137:
Farr, David M. L. (1967). "The Organization of the Judicial System in the Colonies of Vancouver Island and British Columbia, 1849–1871".
426:
331:
554:
Cary bought large amounts of land across the colony. By 1861, he had acquired about 400 acres (160 ha) of property spread across
374:
during his service as Attorney General. Neither colony had yet built legislative offices or courthouses. In August 1859, the Governor
296:, on 16 January 1832. He was the eldest of the ten children of the surgeon William Henry Cary and Elizabeth Malins, the sister of the
240:
in British Columbia, as well as for his eccentricity and tendency for physical altercations with his political and legal opponents.
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as once "very spitting at each other". In October, Ring called Cary a slanderer and coward and challenged him to a duel on nearby
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710:
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1800:
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Cary was disliked by many colonists, who considered him vain and eccentric. He was dubbed the "Boy-Attorney-General" by the
1795:
351:
346:, and advocated that it be implemented in British Columbia. Under the system, legal land ownership would be validated by a
221:
53:
567:
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and reprimanded him. Cary withdrew from the company, and the company was liquidated by its shareholders in early 1864.
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574:. He attracted significant controversy in 1860, when he made agreements to purchase the city's water supply from the
602:, a common route for participants in the Cariboo gold rush. This region had been particularly devastated by the
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1036:
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685:. Despite efforts to maintain his holdings, Cary ultimately lost his stake in the mine and went bankrupt.
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323:
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326:—a former student of Malins and one of Cary's previous instructors—recommended Cary to colonial secretary
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also challenged Ring to a duel due to his alleged "stigmatisation" of Cary; Ring ignored the challenge.
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233:
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109:
82:
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320:, where he had a successful career in the equity courts. He married Ellen Martin on 6 November 1858.
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He engaged in several ill-fated business ventures, including an unsuccessful purchase of Victoria's
1397:
747:, tricked Cary into returning to England, forging a telegram which announced he had been appointed
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During the 1863 election season, Cary was granted permission to take a three-month vacation to the
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His mental condition began to strongly effect his personal life in 1865. His clerk and relative
571:
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1206:
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1309:
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described as "paralysis of the brain, caused by over exertion". This may have been due to a
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8:
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In 1862, he began to practise law on the Mainland. In addition to regular legal trips to
468:
1105:
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merely stated that Cary had resigned in a one-sentence column titled "A Good Riddance".
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615:
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736:, a physician and politician who may have initially treated Cary's vision problems.
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312:. On 13 June 1854, he became a barrister himself, and was called to the bar at the
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481:
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367:
330:, following calls for British lawyers to be sent to administer the newly founded
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148:
1597:
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1274:"A Person of Some Consequence: Attorney-general George Hunter Cary (1832–1866)"
758:
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and allow for road construction. Swanky's arguments have seen support from the
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also accompanied Cary, probably to ensure his stability on board the ship.
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732:. Despite this, Cary continued to practise law. He was declared insane by
429:, would the Torrens system be implemented across all of British Columbia.
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into the region through infected agents in order to depopulate the local
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at a highly inflated salary. He left Victoria with his wife aboard the
585:
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217:
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as his defence lawyer, although no formal proceedings ever emerged.
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Portions of the text of the Land Registry Act closely resembled the
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in early 1865. A group of acquaintances, including Farwell and Dr.
669:
by the mine owners, who had placed gold there before Cary's visit.
623:
513:
638:, with no direct evidence that Cary spread smallpox deliberately.
531:
In 1864, Douglas was succeeded as governor of Vancouver Island by
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described Cary as having "possessed great talent and ability".
771:
607:
293:
269:
165:
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was a likely candidate, as he had previously practised law in
1066:"Tom Swanky's New Book Details "Smallpox War" in Bella Coola"
874:
289:
236:. Cary was noted for his advocacy and implementation of the
1243:
Law of the Land: The Advent of the Torrens System in Canada
1088:
1086:
366:
While the Colony of British Columbia was administered from
1310:"Today's Politicians Are Tame Compared with Yesteryear's"
959:
957:
1083:
944:
942:
393:, a staunch opponent of Douglas and chief editor of the
108:
Member of the Vancouver Island Legislative Assembly for
1786:
Members of the Legislative Assembly of Vancouver Island
338:. Cairns informed Cary of the recent proposals for the
1652:
981:
954:
1226:
Hendrickson, James E. (1976). "Cary, George Hunter".
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Bentinck Arm Road and biological warfare accusations
516:. On one trip to Lillooet, he was forced to halt at
969:
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778:, possibly exacerbated by the long-term effects of
1806:British colonial attorneys general in the Americas
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1747:
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1502:
216:(16 January 1832 – 16 July 1866) was an English
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378:appointed Cary as acting attorney general of
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1612:
1607:
1538:
1472:
1402:
1272:Taylor, Robert Ratcliffe (31 October 2018).
1766:Politicians from Victoria, British Columbia
1693:
1225:
909:
558:, Victoria, and Thetis Cove in what is now
224:until 1861, as well as Attorney General of
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681:flooded the mine and caused a devastating
520:due to worsening eye inflammation (likely
31:
1139:University of British Columbia Law Review
1355:Legislative Assembly of Vancouver Island
1063:
709:
622:, stating that Cary purposefully spread
604:1862 Pacific Northwest smallpox epidemic
491:
401:
230:Legislative Assembly of Vancouver Island
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1292:
1176:
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1748:
1673:
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1064:Thompson, Caitlin (30 November 2016).
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455:. In 1859, he entered a conflict with
370:on the Lower Mainland, Cary stayed on
1771:Attorneys general of British Columbia
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1157:
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16:British colonial official (1832–1866)
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1462:
1295:"Helmcken Memoirs Name His Villains"
1162:The Smallpox War in Nuxalk Territory
1136:
1023:
1011:
657:, ostensibly for his mental health.
620:The Smallpox War in Nuxalk Territory
549:
352:Attorney General of British Columbia
54:Attorney General of British Columbia
1407:
606:, killing the vast majority of the
562:, and 1,400 acres (570 ha) on
361:
13:
1457:
1308:Nesbitt, James K. (15 June 1966).
1293:Nesbitt, James K. (3 March 1961).
1286:
1054:
714:Cary left the colonies aboard the
508:, traveling to the settlements of
434:South Australian Real Property Act
382:, albeit at no additional salary.
14:
1817:
1392:
467:. However, Cary was arrested for
1703:
1229:Dictionary of Canadian Biography
1183:Encyclopedia of British Columbia
260:, and failed investments in the
1781:Alumni of King's College London
1129:
1098:
1029:
782:. An obituary published in the
689:Mental health decline and death
614:. Shawn Swanky accused Cary of
427:unification of the two colonies
284:George Hunter Cary was born in
185:
1232:. Vol. 9 (1861 to 1870).
1114:. 14 September 1866. p. 3
489:to fill the resulting vacancy.
1:
794:
407:
279:
228:and later as a member of the
38:
799:
387:elections the following year
7:
1796:Members of the Inner Temple
1247:University of Toronto Press
1234:University of Toronto Press
618:in his self-published book
344:Province of South Australia
10:
1822:
487:Henry Pering Pellew Crease
332:Colony of British Columbia
316:. He later transferred to
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1661:
1573:
1566:
1521:
1443:
1436:
1416:
1368:
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1041:Bella Coola Valley Museum
406:Cary and his wife Ellen,
268:. He died of a suspected
238:Torrens land title system
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30:
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1801:Members of Lincoln's Inn
1205:Hanna, C. J. P. (1992).
789:The Gentleman's Magazine
767:The Gentleman's Magazine
504:, he journeyed into the
232:for the constituency of
1158:Fiske, Jo-Anne (2018).
745:John Sebastian Helmcken
726:Arthur Stanhope Farwell
696:Montague Tyrwhitt-Drake
308:before studying law at
1738:‡ – Term not completed
757:on 16 September 1865.
721:
572:Strait of Juan de Fuca
497:
413:
254:1862 smallpox epidemic
1255:10.3138/9781442688469
1241:Taylor, Greg (2008).
713:
533:Arthur Edward Kennedy
495:
438:John Foster McCreight
405:
324:Hugh McCalmont Cairns
310:King's College London
202:King's College London
1211:B.C. Historical News
659:Edward Graham Alston
576:Hudson's Bay Company
457:David Babington Ring
340:Torrens title system
328:Edward Bulwer-Lytton
81:Attorney General of
1791:Lawyers from London
1236:. pp. 114–115.
1095:, pp. 180–183.
1070:Coast Mountain News
912:, pp. 114–115.
649:Cariboo investments
469:breach of the peace
442:Victoria, Australia
334:in the wake of the
1776:People from London
1315:The Daily Colonist
1300:The Daily Colonist
1207:"Bailiff Macaulay"
1188:Harbour Publishing
1186:. Pender Harbour:
1111:The Daily Colonist
722:
616:biological warfare
570:, overlooking the
498:
414:
302:Sir Richard Malins
214:George Hunter Cary
25:George Hunter Cary
1743:
1742:
1732:
1731:
1562:
1561:
1432:
1431:
990:, pp. 60–61.
966:, pp. 36–40.
550:Business ventures
543:British Columbian
496:Cary Castle, 1884
389:. He ran against
354:, and arrived in
262:Cariboo Gold Rush
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1037:"Transportation"
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910:Hendrickson 1976
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784:British Colonist
704:Queen's Birthday
674:Cariboo Sentinel
643:land speculation
461:British Colonist
453:James Bay Bridge
449:British Colonist
412:
409:
396:British Colonist
380:Vancouver Island
372:Vancouver Island
362:Political career
358:on 16 May 1859.
306:St Paul's School
304:. Cary attended
226:Vancouver Island
222:Attorney General
189:
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168:, United Kingdom
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151:, United Kingdom
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131:Personal details
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83:Vancouver Island
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1287:Further reading
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1178:Francis, Daniel
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502:New Westminster
482:Colonial Office
465:San Juan Island
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368:New Westminster
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348:public register
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266:Lord Chancellor
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188: 1858)
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149:Woodford, Essex
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1180:, ed. (2000).
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951:, p. 117.
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759:Robert Burnaby
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474:Donald Maculay
391:Amor de Cosmos
363:
360:
336:1858 gold rush
281:
278:
209:
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163:(aged 34)
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1575:1863 election
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1445:1860 election
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1370:1856 election
1367:
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1278:Ormsby Review
1275:
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1264:9781442688469
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1197:9781550172003
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1025:
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1001:
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785:
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777:
776:heart failure
773:
769:
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664:
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632:Nuxalk Nation
629:
628:First Nations
625:
621:
617:
613:
609:
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601:
597:
593:
583:
581:
577:
573:
569:
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564:Sidney Island
561:
557:
556:North Saanich
547:
545:
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376:James Douglas
373:
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318:Lincoln's Inn
315:
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291:
287:
277:
276:soon after.
275:
274:heart failure
271:
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250:First Nations
246:
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234:Victoria Town
231:
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138:
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119:
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110:Victoria Town
106:
103:James Douglas
102:
98:
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87:
84:
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76:
75:James Douglas
73:
69:
63:
58:
55:
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34:
29:
22:
19:
1662:By-elections
1522:By-elections
1452:
1417:By-elections
1313:
1298:
1277:
1242:
1228:
1210:
1182:
1167:
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1130:Bibliography
1116:. Retrieved
1109:
1100:
1073:. Retrieved
1069:
1044:. Retrieved
1040:
1031:
1019:
1007:
995:
983:
971:
949:Francis 2000
929:
917:
788:
783:
765:
763:
753:
738:
730:tooth powder
723:
715:
700:
692:
673:
670:
652:
640:
636:Robin Fisher
619:
600:Fraser River
589:
579:
553:
541:
536:
530:
526:
518:Port Douglas
499:
478:
460:
448:
446:
431:
423:royal assent
418:
415:
394:
384:
365:
322:
314:Inner Temple
283:
245:water supply
242:
213:
212:
178:Ellen Martin
161:(1866-07-16)
159:16 July 1866
117:
90:
61:
18:
1761:1832 births
1756:1866 deaths
1567:3rd session
1437:2nd session
1362:1st session
988:Taylor 2008
976:Taylor 2008
964:Taylor 2008
934:Taylor 2008
922:Taylor 2008
869:Taylor 2018
612:Tsilhqotʼin
596:Bella Coola
594:connecting
568:Cary Castle
411: 1860
258:Cary Castle
252:during the
42: 1860
1750:Categories
1714:C.B. Young
1709:Cunningham
1689:C.B. Young
1513:Waddington
1169:BC Studies
1106:"Obituary"
1093:Fiske 2018
1000:Hanna 1992
795:References
780:rheumatism
560:View Royal
292:suburb of
280:Early life
197:Alma mater
142:1832-01-16
1684:Southgate
1598:De Cosmos
1503:Southgate
1398:Pemberton
1219:0045-2963
1160:"Review:
1151:0068-1849
1024:Farr 1967
1012:Farr 1967
800:Citations
741:Kootenays
592:toll road
298:barrister
218:barrister
122:1860–1863
118:In office
95:1859–1864
91:In office
66:1859–1861
62:In office
1694:Cochrane
1674:Franklin
1653:W. Young
1618:Helmcken
1593:Carswell
1498:McDonald
1493:Helmcken
1478:Franklin
1388:Langford
1378:Helmcken
734:John Ash
624:smallpox
598:and the
580:Colonist
537:Colonist
514:Lillooet
506:Interior
419:Colonist
356:Victoria
286:Woodford
100:Governor
71:Governor
1724:Pidwell
1699:McClure
1679:Dickson
1648:Trimble
1623:Pidwell
1613:Jackson
1588:Burnaby
1534:Trimble
1529:Burnaby
1403:Skinner
1383:Kennedy
1075:14 July
1046:15 July
754:Orizaba
717:Orizaba
683:cave-in
679:freshet
655:Cariboo
342:in the
300:and MP
190:
182:
1669:Dennes
1643:Tolmie
1638:Street
1628:Powell
1608:Foster
1603:Duncan
1583:Bayley
1554:Cocker
1549:Harris
1544:Trutch
1508:Tolmie
1483:Gordon
1473:Foster
1468:Crease
1463:Cooper
1261:
1217:
1194:
1172:(198).
1149:
1118:2 July
772:stroke
667:salted
663:panned
608:Nuxalk
522:iritis
510:Lytton
294:London
270:stroke
173:Spouse
166:London
37:Cary,
1719:Stamp
1633:Ridge
1488:Green
1458:Coles
1424:McKay
1408:Yates
1145:(1).
290:Essex
288:, an
184:(
180:
1539:Ring
1453:Cary
1393:Muir
1259:ISBN
1215:ISSN
1192:ISBN
1147:ISSN
1120:2024
1077:2024
1048:2024
610:and
582:.
512:and
156:Died
136:Born
1704:Ash
1251:doi
774:or
671:The
444:.
272:or
1752::
1312:.
1297:.
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1257:.
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1245:.
1213:.
1209:.
1190:.
1166:.
1141:.
1108:.
1085:^
1068:.
1056:^
1039:.
956:^
941:^
876:^
807:^
408:c.
186:m.
39:c.
1346:e
1339:t
1332:v
1318:.
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1253::
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1200:.
1164:"
1153:.
1143:3
1122:.
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871:.
720:.
144:)
140:(
Text is available under the Creative Commons Attribution-ShareAlike License. Additional terms may apply.
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