No. 43

I have had the honor to receive your Grace's despatch No. 73 of
the 6th of November 1867 on the subject of the Laws relating to
Gold Mining in this Colony.

2. Your Grace requires my opinion as to whether an amendment of
the present Ordinance allowing an appeal from the verdict of a
Jury in cases above a certain amount would in my opinion be
desirable and whether such an amendment would be likely to
meet with the assent of the Legislative Council.

2. [sic] It will be seen from the report of the Attorney
General that the question was fully considered during the recent
Session [of] the Council and that the decision was against the right
right of appeal being granted.

3. I agree in opinion with the Council and am supported by
Mr Brew, the present Gold Commissioner of Cariboo, and by
Mr O'Reilly the Senior Gold Commissioner of the Colony.
Mr Ball whom I moved from Cariboo during the Grouse Creek
disturbances, under circumstances detailed in my despatch as
noted in the margin,

*

differs, but he has had but little experience in the mining districts,
and besides has not yet got to look with perfect calmness on the
events which signalized his short administration of affairs at
our principal Gold mine.

4. Being totally without material force at Cariboo, it became
necessary for me to make the best I could of my position, but I
am convinced that an appeal to Mr Begbie, in the ordinary
course of things would not have settled the dispute, or his
decision have been obeyed by the Company, to which it happened
to be adverse. I look upon it as a fortunate circumstance that
Mr Begbie declined to rehear the case. The riot was verging
on Rebellion, if it had not already crossed the line.

5. I venture to recommend to Your Grace, for approval the
Ordinance as it now stands. The less we interfere with the
Legislation affecting the Cariboo, the better. I cannot, after
my experience of last year, divest myself of a certain amount of
nervousness in regard to the Government of a large mining
population upwards of five hundred miles from the Sea.