No. 99

With reference to my despatch No. 92 of 16th August, I regret
to have to report that an unsatisfactory state of things still
prevails in Cariboo.

2. The Canadian Company obeyed my instructions, and the claim
in dispute between the Bed Rock Flume Company and themselves was
quietly taken possession of by a single Constable on behalf of the
Government; and his possession though unsanctioned by Law has been
acquiesced in by both parties.

3. But further difficulties have sprung up. Mr Ball, the
Gold Commissioner, advised the Flume Company not to fight, but to
trust to the Government for protection. Upon this advice the Flume
Company abandoned the whole of their land. Other persons, under
the 38th section of the Gold Mining Ordinance of 1867, waited for
72 hours and then considering the Flume Company as dispossessed
recorded their claim to the abandoned land, and began working at
a spot which was unquestionably included within the Flume Company's
Charter. Mr Ball endeavored to turn them out on the ground
that a Government charter can only be declared void by the Government
itself. The men resisted and, as in the former case, the police
is [sic] once more powerless.

4. I am fully aware that I am giving Your Grace but an imperfect
statement of the case, which is one of great complexity, but my
present duty is more to act than to report and I have to state the
measures I have taken and those that I am about to take.

5. As regards the past, I enclose copy of a letter which, in
the form of Instructions to the Surveyor General, made public the
transactions between myself and the Canadian Company during my
recent visit to Cariboo. A total inability to coerce by physical
force the Canadian Company may have led to a more civil tone in
speaking to them than they deserved, but I think that they were well
advised by their lawyers and kept within the law.

6. The Police force at Cariboo has by successive reductions
dwindled down to two Constables. The public feeling was rather in
favour of the Canadians. At all events no one would come forward to
assist the Government in an emergency. I have now sent up five
Constables, thoroughly armed, and Mr Brew, the Police Magistrate
of New Westminster will succeed Mr Ball in Cariboo. I give
power to Mr Brew to add to the force on his way to Cariboo and
positive instructions to enforce the Law at any cost.

7. But the scheme of arbitration has been rejected and our
principal difficulty is still, as it was, to ascertain what the Law
really is. Mr Spalding—I beg to refer to my private letter
enclosed—decides one way, Mr Ball, quite his equal in ability,
decides another way, and Mr Chief Justice Begbie is of opinion
that there is no appeal from the irreconcilable judgements; both
though contradictory having the force of Law. I have however
consulted very fully with Mr Chief Justice Needham on the whole
matter and he agrees with me that there is an appeal under the
ordinance I enclose. That the matter may be viewed as a question of
Law as well as of fact and reheard by a Judge of the Supreme Court.
Sincerely thankful for any issue out of a case of such extrordinary
difficulty, I am sending Mr Needham at once to Cariboo. I have
telegraphed to Mr Begbie that I particularly require his
presence in New Westminster at once.

8. I have the satisfaction of adding that my confidence in
Mr Ball is not diminished by the unfortunate occurrences which
have attended his short administration of affairs in Cariboo.

9. I enclose copy of a Correspondence which has passed between
Rear Admiral Hastings and myself respecting the assistance which
the Colony might expect from Her Majesty's forces in any case of
insurrection or rebellion.

10. I may add that during my stay in Cariboo, though I mixed
freely with all classes, I met with no incivility.