The Oath of Allegiance
Royal BC Museum and Archives.
Only British subjects were eligible to vote in Legislative Assembly elections. This excluded the majority of Blacks who were neither British subjects, nor had become naturalized in another British colony. However, Attorney General Cary approached the Blacks with the suggestion that Blacks could vote simply by swearing an oath of allegiance; arguing that since by virtue of the Dred Scott decision, Blacks in effect had no citizenship to renounce, swearing an oath of allegiance should be sufficient to become naturalized. This suggestion, coming from the Attorney General himself, was the catalyst for 53 Blacks to swear an Oath of Allegiance.
Amor De Cosmos, editor of the British Colonist newspaper and also a candidate, in a November 1859 editorial warned the Blacks that the Cary suggestion was merely an attempt to secure their votes, but later when the Blacks swore the oath of allegiance and registered to vote, he did not object. The result of the voting was Cary – 137, Franklin – 106 and de Cosmos – 91.
Immediately after the election there was agitation to have the voter’s list examined but this was delayed and postponed for months. Finally in March 1861, the Court of Revisions made the decision that 24 out of the 26 Blacks who were on the registered list were not qualified and were struck from the list.
A new House of Assembly was to be elected in 1863. The Alien Act of 1861 had enabled Blacks to become naturalized British subjects and having met the property requirements, 52 Blacks were placed on the voter’s list.
TEXT OF THE OATH OF ALLEGIANCE
Oath of Allegiance:
I, _____________ , do swear that I will be faithful and bear true allegiance to Her Majesty Victoria, of the United Kingdom of Great Britain and Ireland, and of the Dependencies and Colonies thereof in Europe, Asia, Africa, America and Australasia, Queen, and that I will defend Her to the utmost of my power against all conspiracies and attempts whatever, which shall be made against Her Person, Crown or Dignity, and I will do my utmost endeavor to disclose and make known to Her Majesty, Pier Heirs and Successors, all treasons and traitorous conspiracies which may be formed against Her or Them. And I do faithfully promise to maintain, support and defend to the utmost of my power, the succession of the Crown, which succession, by an Act intituled ” An Act for the further limitation of the Crown and better securing the Rights and Liberties of the Subject,” is and stand’s limited to the Princess Sophia, Electress of Hanover, and the Heirs of her body, being Protestants, hereby renouncing and abjuring any obedience or allegiance unto any other person claiming or pretending a right to the Crown of the said Realm and its Dependencies and Colonies as aforesaid. So help me God.
(Signed,)
Sworn and subscribed by the said A. B.
before me, this day of 18….