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FILE: 1856-01-04_Swanston_to_Banister_V566S01.txt
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Swanston to Banister

I arrived on the 29th Ult. from Vancouvers Island where I have
been staying since I last addressed you. The Residents, as a last
Effort to save the Colony, have begged of me to apply in the strongest
terms to you to exert what influence you can bring to bear in their
favor. Enclosed I send you such documents as they were enabled to
furnish me with; the Copies of the Memorials to the Colonial Secretary,
the House of Commons, and the Queen, forwarded last year, and of which
you were to have been furnished with duplicates, having been in some way
mislaid it was decided to place you in the best position possible, and
leave it to yourself to do what you can.

On my arrival at Victoria I found that the Colonists were so
disheartened at the apathy & indifference shewn by the Colonial office
in re their grievances, that it required the strongest representations
on my part, to induce them to make one more effort, however weak
availing of your good offices; if one must die 'tis well to die doing.
The feeling existing in the Colony is that the place is doomed; and
there is Every probability, if matters do not mend, of a general Exodus
shortly. I know of no fewer than Six families, who are preparing to
leave this next Summer. Once the move commences 'twill be too late to
attempt restoring Confidence by any patching compromises.

I trust that in writing you on the matter, and occupying your time,
I am not taking any undue advantage of your Kind offer of services in
favor of Vancouvers Island, and I sincerely hope that you may have the
opportunity of doing something, however little, towards drawing the
attention of the Government to that important place.

The Colonists are all delighted at the Idea of having convicts
introduced and they express themselves strongly as to the benefits
likely to result to the Island by such a measure.

The War is raging with unabated violence on the American Shores of
the Straits of Fuca; the Farmers and their families have either been
Massacred, or found to fly into the little Townships along Pugets Sound
for protection. The Nisqually and Puyallup Indians (fishers) and the
Klileatats & Yahemassianie Indians, are as yet the only Tribes who have openly declared war, but they are using Every effort of persuasion &
intimidation to induce the adjoining Tribes to side with them, & there
is I believe but little doubt as to what will be the result of their
Machinations. As yet the Vancouver Island Indians are quiet &
apparently uninterested, but from personal investigation and through the
Agency of Indians in my pay I have become Cognisant of a State of
feeling amongst them which is not to be triffled with. The progress of
the war is a matter of constant discussion with them, & the as yet
successful efforts of the Red Skin is viewed with Evident satisfaction.
The H.B.Co have been furnishing the Americans with powder & arms, and
also have tendered the use of their Steamer on various occasions; this
has not Escaped the notice of the Savages and the belief is current
amongst them at present, that the King George Man (The British
Subject) & the Bostons (Citizens of the United States) are allies,
and that the ultimate destruction of the red skin is their object. The
whites on Vancouvers Island are placed in a very difficult position, a
position that requires an abler man at the head of affairs than Mr
Douglas—Nous Verrons!

I have been endeavouring to secure some Washington Territory
Newspapers for you, but with small success. The call for Volunteers
there has been so urgent that Editors and [printers] Devils have [been]
forced to take up the Rifle and Bowie Knife, thus causing a cessation to
the issue of "Gazette Extraordinary"
the accompanying newspapers
from that quarter will, though somewhat soiled [will] I trust not be
unacceptable to you, and enable you to form a more correct idea of the
State of affairs at the time of their issue than you can obtain by any
other means.

The small bust herewith, though far from a favorable specimen of
the talent of the Indian Sculptor, will suffice to give you an idea of
their Ingenuity in the line; I have seen most beautiful work of this
description by the Northern Indians; likenesses, so striking as
to be recognised at a glance.

The fall of the Southern portion of Sebastopol was appropriately
honored here by the Resident British and French; a Medal was struck on
the occasion of which I forward you a specimen.

You will have noticed how successful our friend Walker is in
Nicaragua, he shewed wisdom in refusing the Presidency. The sympathy
for him here is very strong—by Every steamer volunteers flock to his
standard, he has wealthy men at his back as you may Judge from the fact
of an agent of his having, within the last few weeks endeavoured to
purchase a Steamer shewing credits to the tune of $100,000.



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FILE: 1856-01-11_Mundy_to_Merivale_Permanent_Under-Secretary_V565WA01.txt
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Mundy to Merivale (Permanent Under-Secretary)

In reply to your letter of the 17th ultimo, I am directed by
Lord Panmure to acquaint you for the information of Mr Secretary
Labouchere that the Lords Commissoners of the Treasury have instructed
the Paymaster General to issue to the Governor of the Hudsons Bay
Company the sum of 400 on account of the expenses incurred in
chartering the "Otter" as a Guard Ship at Vancouver's Island.



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FILE: 1856-01-26_Labouchere_to_Douglas_V567003.txt
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No. 3

I have to acknowledge the receipt of your Despatch No 24, of the
8th of November last reporting the outbreak of hostilities between the
troops of the United States and the Native Tribes on the American Oregon.

In conveying to you my approval of the measures you have taken for
aiding the American authorities on this occasion, I have to assure you
that I place reliance on your discretion and energy to meet the
difficult circumstances in which you are placed.



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FILE: 1856-01-31_Douglas_to_Grey,_Sir_George_V56001.txt
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No. 1

I have the honor to acknowledge the receipt of Sir William Molesworth's Despatches, of the dates mentioned in the margin, with their enclosures.

I will take the liberty of remarking for the information of Her
Majesty's Government; that the enclosures above referred to consisting
of 4 copies of Blank Returns, of which the Annual Blue Book is composed, for the year 1855, made up a parcel of considerable weight, and the
Postal charge at the United States Post Office in Puget's Sound came to
the sum of 68 88/100 dollars equal to 14.7.0 Sterling.

I would in consequence of that prodigious rate of charge, take the
liberty of suggesting, that the Despatches of Her Majesty's Government,
and all printed Enclosures, not exceeding the weight of 16 ounces,
should, in all cases as at present, be forwarded to this Colony, by the
Panama Mail Route; and that Books and Printed Forms, when exceeding the
weight of 16 ounces, except on occasions of great urgency, should be
sent to the Hudson's Bay House, to be forwarded by the Hudson's Bay
Company's Ships to this place; or the parcels might equally well be
forwarded by any of Her Majesty's Ships proceeding to the Pacific.



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FILE: 1856-02-01_Hammond_to_Merivale_Permanent_Under-Secretary_V565FO01.txt
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Hammond to Merivale (Permanent Under-Secretary)

I am directed by the Earl of Clarendon to transmit to you, for the
information of Mr Secretary Labouchere, a Copy of a Letter and of its
Enclosure, which has been addressed to His Lordship by Mr Banister,
relative to American designs on Vancouver's Island.



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FILE: 1856-02-07_Shepherd_to_Labouchere_V565MI01.txt
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Shepherd to Labouchere

I have the honour to acknowledge the receipt of Mr Merivale's
letter of the 4th Instant, addressed to the late Governor of the
Hudson's Bay Company, transmitting, by your directions, copy of a
Despatch from the Governor of Vancouver's Island, in reference to the
hostilities now prevailing in Oregon between the Indian tribes and the American residents of that District, and have to return you the thanks
of the Committee for this communication.

In the recent interview which I had the honour to have with you, I
mentioned that the Hudson's Bay Company had received information
relative to this subject from their Agents in Oregon, and I now beg to
enclose Extracts of various letters transmitted to them in reference
thereto.



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FILE: 1856-02-19_Cockburn_and_Bethell_to_Merivale_Permanent_Under-Secretary_V565LW01.txt
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Cockburn and Bethell to Merivale (Permanent Under-Secretary)

We were favored with Your Letter of the 12th April 1855 in which
You stated that You were directed by the Secretary of State for the
Colonies to submit to us the annexed Draft of an Order in Council to
establish a Supreme Court of Civil Justice in Vancouvers Island, and to
request that We would favor him with our opinion whether the same might
be submitted to Her Majesty in Council for approval.

That You was to refer us to our letter of the 28th Decr 1854,
in which We reported that an Act passed by the Governor and Council of
the Island (of which you annexed copy) for establishing a Supreme Court
of Civil Justice was invalid, the Governor and Council not possessing,
in our opinion the legal power to make laws for the Islands.

That under these circumstances, the Secretary of State proposed to
have recourse to the power given to the Crown by the Act of Parliament
12th & 13 Vict Cap 49 "to provide for the administration of Justice
in Vancouvers Island," and to cause an Order in Council to be made
constituting a Supreme Court of Civil Justice with provisions as nearly
answering to those of the invalid Act as circumstances would admit, and
adding clauses to regulate appeals from its decision to the Queen in
Council.

That it had not been thought advisable at present to give the Court
Criminal Jurisdiction, because sufficient Information had not been
received as to the provisions which would be required: but the Governor
had been directed to furnish the requisite information so that such
provisions might be embodied, if necessary in a supplementary Order in
Council. You was to observe that it had been usual, in establishing
Supreme Courts in Colonies, to do so by Charter, not by Order in Council
(although there were instances of the latter). But it had been thought
better subject to our opinion, to adopt the form of an Order in Council
in the present case: the object being rather to supply a defect arising
from the imperfect constitution of the Legislative Body, which would by
section 2 of the Act, when properly constituted have power to amend and
alter the provisions made by the Crown: and also because under Sect. 3,
it was necessary that the appeal should be established by Order in
Council, which must have been done separated had the form of a Charter
been adopted.

In obedience to Your request We have considered the question
submitted to us and have to report.

That we concur in the reasons stated in Your Letter for adopting
an Order in Council for establishing a Supreme Court of Justice in
Vancouvers' Island.

We have read and considered the proposed Order and have noted in
the margin of the Copy signed with our Initials such observations as
have occurred to us, and the Chief of which we will now shortly advert
to.

If an Order in Council is adopted, nothing can be done which does
not fall within the compass of the powers given by the 1st section of
the 12th & 13th Vict. Cap 48. But such powers do not enable the
Crown to change or depart from any fundamental rule in the
administration of Justice, as observed in the Courts of Law in the
United Kingdom. We do not think therefore that it would be competent in
the Crown (acting under the Statutory power) to dispense with the
rule requiring Juries to be unanimous.

In the next place, We think it desirable that Jurisdiction,
equivalent to the Jurisdiction now exercised by the High Court of
Chancery in matters of Equity, and by the Ecclesiastical Courts in
matters of Testacy and Intestacy, and also in matters relating to
Marriage and Divorce, should be conferred on the Supreme Court; and that
clauses, such as are commonly inserted in Charters establishing Colonial
Courts of Judicature, be inserted for that purpose.

The next subject is that part of the Order by which it is proposed
to give an appeal from the Supreme Court to the Governor in Council.

If the proceeding be by Order under the 12 & 13 Vict. C 48, we
think it very doubtful whether there is power to establish any such
intermediate Court of Appeal. The Act expressly declares (see Sect 3)
that all Judgments given in any Civil Suit in the said Island shall be
subject to appeal to Her Majesty in Council.

The proposed intermediate Court of Appeal can hardly be so
constituted as to be a competent and satisfactory Tribunal.

We recommend therefore that this provision be omitted.

Subject to these observations and to the marginal remarks made in
the Draft, We think the Order in Council is proper to be submitted to
Her Majesty in Council for approval.



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FILE: 1856-02-19_Shepherd_to_Labouchere_V565MI02.txt
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Shepherd to Labouchere

With reference to Mr Merivale's letter of the 4th Instant,
and my reply of the 7th on the subject of the hostilities now
prevailing in American Oregon between the Indian Tribes and the American
Settlers, I have now the honour to transmit Copy of a Letter received
from Governor Douglas under date 11th December, and Extract of Letter
from the same gentleman dated December 19th, conveying further
information upon that matter.



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FILE: 1856-02-22_Hill_to_Merivale_Permanent_Under-Secretary_V565MI03.txt
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Hill to Merivale (Permanent Under-Secretary)

I have the honour to acquaint you, for the information of Mr
Secretary Labouchere, that, in consequence of a representation recently
received from Her Majesty's Consul General at Woahoo, that Letters and
Newspapers from this Country addressed to California, Oregon and the
Sandwich Islands, reach their destination more expeditiously via New
York and Panama, than when forwarded from Southampton by the West India
Mail Packets, the Postmaster General has rescinded the regulation which
heretofore existed of transmitting this Correspondence by the latter
Packets, and has directed all Letters and Newspapers for California,
Oregon and the Sandwich Islands to be forwarded, in future,
as a rule, via the United States, and only those Letters &c to be
sent by the West India Packets, which bear a special direction that they
are to be so forwarded.

In consequence of this alteration, it becomes necessary to enquire
how the Despatches addressed by the Secretary of State to the Governor
of Vancouver's Island should be forwarded; whether in the Mail for
California via the United States, or by the West India Mail Packet to
Panama, as heretofore, and I request you will have the goodness to
inform me what are the wishes of Mr Secretary Labouchere on this
point.

It is presumed that, in either case, the Despatches pass through
the hands of Officers of the United States Post Office.



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FILE: 1856-02-22_Labouchere_to_Douglas_V567004.txt
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No. 4

I have to acknowledge the receipt of your Despatch[es] No. 24 of the
8th of November and No. 32 of the 13 December last reporting the
measures which you had taken for aiding the Authorites of the United
states in repelling the hostile attacks of the Indian Tribes
on the American Oregon.

Your proceedings on this occasion appear to have been judicious and
I am gratified to learn that they were duly appreciated by the
Authorites and the Inhabitants of the American Settlements.



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FILE: 1856-02-22_Smith_to_Labouchere_V565MI04.txt
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Smith to Labouchere

By Mr Ellice's desire I send you a copy of a letter from the
Deputy Governor of this Company to the Earl of Clarendon dated Hudson's
Bay House 24th July 1855.



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FILE: 1856-02-25_Phinn_to_Merivale_Permanent_Under-Secretary_V565AD01.txt
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Phinn to Merivale (Permanent Under-Secretary)

Having laid before my Lords Commissioners of the Admiralty your
letter of the 23d Instant, with its inclosures, relative to the
defenceless state of Vancouver's Island, & suggesting the expediency of
stationing a Ship of war there; I am commanded by my Lords to acquaint
you, for the information of Mr Secretary Labouchere, that the
President Frigate was some time ago despatched by the Commander in Chief
in the Pacific to Vancouver's Island, & that his attention has been
already called to the danger in which the British settlements at that
Island may be placed. My Lords would suggest, however, that measures
for providing some defences on shore & some armed force on the Island
should be taken, as it is impossible for any naval force to undertake
the whole protection of that large Island.



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FILE: 1856-02-25_Shepherd_to_Labouchere_V565MI05.txt
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Shepherd to Labouchere

I have the honour to acknowledge the receipt of Mr Merivale's
letter of the 18th Instant, forwarding for the information of the
Directors of the Hudson's Bay Company copies of three Dispatches
respecting the calling together of a General Assembly in Vancouver's Island, which you propose to address to Governor Douglas by the Mail of
the 1st March, and I beg to convey to you the acknowledgements of the Directors for the consideration given in those instructions to the
interests and position of the Hudson's Bay Company.

When I had the honour of an interview with you on this subject, I
explained the grounds upon which after reconsideration, the Governor and
Committee were then inclined to recommend the more simple form of
governing the Island by order of Her Majesty in Council, but as you have
now decided that their objections on the grounds of the limited number
of the Settlers, and the circumstance of the majority of them being more
or less subject to the influence of the Hudson's Bay Company, do not
furnish sufficient cause for delaying the calling together of a General
Assembly, I beg, on the part of the Directors, to assure you that
confiding in the support and protection of Her Majestys Government in
the Event of unjust imputations being cast upon the Company, or upon the
proceedings of the Legislative Body on the grounds adverted to, they
will afford Governor Douglas their cordial co-operation and assistance
in furthering the views of Her Majesty's Government.

It is satisfactory to the Directors to observe that you have been
pleased to allow Governor Douglas discretionary power to act according
to the particular circumstances existing on the Island, and they would
beg leave to suggest that, as the proceedings of the Governments of some
of the smaller West India Islands have been pointed out as an example
that might be followed with advantage, it could not fail to be useful to
Governor Douglas if he were furnished with any existing code of laws or
regulations adopted at those Islands, and a Memorandum shewing their
forms of procedure.



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FILE: 1856-02-28_Labouchere_to_Douglas_V567005.txt
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No. 5

By the Commission and Instructions which your Predecessor Governor
Blanchard [Blanshard] received when the Colony of Vancouver's Island was
first founded, he was directed to summon General Assemblies of
freeholders qualified by the ownership of 20 acres of land, and with
their advice and that of his Council to make Laws and Ordinances for the
good-government of the Island.

2. I am aware that the same Commission contains another clause
professing to empower the Governor to make such laws with the advice of
his Council only. Perhaps this was introduced with the view of creating
a legislature to meet the immediate wants of the Community, before
Assemblies could be summoned. But I am convinced as well by the general
tenor of the documents themselves as by the information which I have
been able to obtain of the intention of Her Majesty's Government in
framing them, that it was then contemplated that such Assemblies should
be summoned as soon as it should be practicable to do so.

3. Causes over which the local Government had no control, and
which are too well known to need recapitulation, have hitherto prevented
the Settlement from acquiring that developement which its founders may
have expected. Considering the small number of established Colonists,
you thought it advisable to act on the power apparently given to
yourself to conduct the affairs of the Island with the advice of your
Council only, and to pass certain laws which you considered most
required by the exigencies of the time. In doing so you proceeded on a
fair understanding of the authority conveyed to you, and Her Majesty's
Government are fully satisfied with the course which you took.

4. Nevertheless it has been doubted by Authorities conversant in
the principles of Colonial Law, whether The Crown can legally convey
authority to make Laws in a Settlement founded by Englishmen, even for a
temporary and special purpose, to any Legislature not elected wholly, or
in part, by the Settlers themselves. If this be the case, the clause in
Your Commission on which you relied would appear to be unwarranted and
invalid.

5. It appears to Her Majesty's Government therefore that steps
should be taken at once for the establishment of the only Legislature
authorized by the present constitution of the Island. I have
accordingly to instruct you to call together an Assembly in the terms
of your Commission and Instructions.

6. For this purpose it will be within you power as provided by the
ninth clause of your Instructions, to fix the number of Representatives,
and if you should consider it essential, to divide the Colony into
Districts and to establish separate polling places, although with so
small a number of settlers you may find this inexpedient.

7. I leave it to your local knowledge and discretion, with the
advice of your Council to suggest to the Assembly when thus summoned to
pass such measures as you may yourself deem most required, and in
particular such as may be necessary in order to leave no doubt of the
validity of proceedings already taken without the authority of an
Assembly.

8. But it appears to me that in a Community containing so very
limited a number of inhabitants the maintenance of a Constitution of the
model of those of Considerable Colonies, with a House of Representatives
and a Council, may be inexpedient: and that a smaller and more select
body, will for the present, and probably for some years to come, perform
in a satisfactory manner the functions really required in the present
stage of progress of the Island.

9. Such a body however can be constituted only by enactment of the
Legislature authorized by the Commission, that is to say of the Assembly
and Council together with Yourself.

It would be no unusual circumstance for a Legislature thus
constituted to surrender its powers into the hands of a single Chamber.
It has been successfully done in some of the smaller West India
Islands. [Marginal note: Virgin Islands Act, 1854.]

10. I leave it to yourself to consider, with the advice of the
local authorities, the numbers and proper qualification of the members
of such a single Council, but in the event of your determining to
introduce the Elective principle into it, a certain proportion, not less
than one third, should be nominated by the Crown. The power of
assenting to, or negativing, or suspending for the assent of the Crown,
the measures passed by such a Council, should be distinctly reserved to
yourself. And it is very essential that a Constitutional Law of this
description should contain a proviso, reserving the initiation of all
money votes to the local Government.

11. An additional reason in favor of the course which I now
prescribe (namely that of calling together the Assembly, and then, if
the Legislature so created think proper, establishing a simpler form of
Government) is to be found in the circumstances that the relations of
the Hudson's Bay Company with the Crown must necessarily undergo
revision before or in the year 1859. The position and future Government
of Vancouver's Island will then unavoidably pass under review; and if
any difficulty should be experienced in carrying into execution any
present Instructions, a convenient opportunity will be afforded for
reconsidering them.

12. I am aware that Her Majesty's Government are imposing on you a
task of some difficulty as well as responsibility in giving you these
Instructions, especially as they have to be carried into execution with
so small an amount of assistance as the present circumstances of your
Settlement afford.

But I have every reason to rely on your abilities and public
spirit: and you may on your part rely on the continuance of such
assistance and support as Her Majesty's Government can render you, and
on their making full allowance for the pecularities of your position.



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FILE: 1856-02-28_Labouchere_to_Douglas_V567006.txt
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No. 6

In connexion with my despatch of this day's date, respecting the
calling to-gether of a General Assembly, I wish to call your attention to
the present state of affairs between Her Majesty's Government and the
Hudson's Bay Company with reference to Vancouver's Island.

2. The grant of the Land of the Island to the Company is subject
to the condition that the Crown may repurchase and take it from the
Company at the expiration of the Company's License for trading with the
Indians (that is to say in 1859) on payment to the Company of
"the sums heretofore laid out and expended by the Company in and
upon the said Island and premises, and the value of their Establishments
property and effects then being therein."

3. In order that both the Company and Her Majesty's Government may
be prepared for the contingency of this final settlement, I wish to be
furnished with a specification of the present state of the account: that
is to say, of the sums hitherto expended by the Company in the manner
described in the Grant, and also of the sums realized by the Company by
the sale of Land and applied from time to time "towards the Colonization
and improvement of the Island." This account should be separate from
the biennial "Return" to be made as farther specified by the Grant, of
the Colonists settled and land disposed of. And having been once
furnished, it should be continued for each ensuing year.

4. I have communicated the contents of both these despatches to
the Hudson's Bay Company.



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FILE: 1856-02-28_Labouchere_to_Douglas_V567006A.txt
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Confidential

With reference to my Despatch of this day's date, directing you to
call together an Assembly, I wish to state to you that the only cause
for hesitation which I have felt in giving these directions has arisen
from the reports which have reached me from the Hudson's Bay Company and
from various quarters of the disturbed state of the relations between
Indian and American Settlers in Oregon and the North West generally, and
the commencement of hostilities in the vicinity of the British Territory
of a very serious character.

2. It is essential under such circumstances that no political
measure should be taken calculated to endanger the peace of the
community of Vancouver's Island. I cannot however anticipate any
objection on this score to the summoning of the Assembly. But if, when
met, it should appear to you hazardous to continue its deliberations,
you have the authority of H.M's Government to prorogue it whenever you may
deem expedient, and to conduct the Executive business of the Colony as
heretofore with the advice of your Council, leaving legislation for
future opportunities.



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FILE: 1856-02-29_Douglas_to_Grey,_Sir_George_V56002.txt
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No. 2

I have the honor to acknowledge the receipt of the Despatches of
the dates mentioned in the margin
* with their enclosures.



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FILE: 1856-02-29_Shepherd_to_Labouchere_V565MI06.txt
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Shepherd to Labouchere

I have the honour to acknowledge the receipt of Mr Ball's letter
of the 22nd Instant, enclosing, by your directions, copies of
Correspondence between the Colonial Office and the Governor of
Vancouver's Island on the subject of certain proceedings in the Island of San Juan in the Canal de Arro: Stating that Mr Douglas appears to
have given somewhat inconsistent information with reference to the
Settlement of that Island, and requesting the Hudson's Bay Company to
furnish Copies of such Correspondence as may have passed between
themselves and Governor Douglas upon the subject.

In accordance with this request I have the honor to forward
Extracts of various letters addressed to Governor Douglas, with his
replies thereto and at the same time beg to lay before you the
circumstances connected with the occupation of the Island of San Juan by
the servants of the Hudson's Bay Company.

In August 1853 the Queen's Advocate communicated, by authority of
the Foreign Office, with Mr Barclay, the then Secretary of the
Company, on the subject of the American encroachments at the Islands in
the Canal de Arro, and in consequence of what passed at that time it was
determined that instructions should be sent to Governor Douglas to
secure possession of the Islands of San "Juan" and "Lopez."

The proceedings of Governor Douglas in this matter were from time
to time reported to the Secretary of State for Foreign Affairs, as will
appear by the accompanying copies of letters; and on this point, I beg
leave to request your particular attention to the letter received by
the Governor and Committee from Lord Clarendon under date the 21st
May 1855 and to the communication made to Governor Douglas by Sir George Grey, alluded to in the letter from the former addressed to the Governor
and Committee, dated 20th April 1855.
*

The Directors of the Hudson's Bay Company are convinced that after
a reference to the Chart of the Straits of De Fuca, and a perusal of the
whole of the correspondence that has taken place, you will be of opinion
that the Hudson's Bay Company have been actuated solely by a desire to
cooperate with Her Majesty's Government in retaining for the British
Crown a portion of territory secured to it by Treaty; and I may mention
to you that these Islands are of little advantage to the
Fur Trade business of the Company,
**
though it is obvious that a Settlement of lawless American citizens so
near to Vancouver's Island would be a great detriment to the peace and
prosperity of the Colony.
***

With reference to Mr Griffin's report to Governor Douglas on the
subject of the outrage committed by the authorities of the United
States, I beg to request your attention to my letter of the 24th July
1855 to Lord Clarendon, and to an extract o f the Committee's letter to
Governor Douglas, dated 30th July 1855; by the former you will
perceive that the Directors of the Hudson's Bay Company lost no time in
informing Her Majesty's Government that the property seized by the
American authorities belonged to the Company, and by the latter that
they disapproved of, and censured Mr Griffin for the ambiguous terms
of his Report.

The Directors have no doubt that both Governor Douglas and Mr Griffin were of opinion that the claims of an independent British
subject would be more likely to be respected by the authorities of the
United States, than those of the servants of the Hudson's Bay Company;
and this may be considered some extenuation of their proceedings under
very trying circumstances.

In reference to the last paragraph of Mr Ball's letter, I beg to
assure you that the Directors of the Hudson's Bay Company have at all
times been most anxious to communicate with Her Majesty's Government
without reserve upon all matters forming the subject of correspondence
between them.

They are well aware that in the peculiar position in which the
Hudson's Bay Company stand with regard to the Colony of Vancouver's
Island, it is essential to the proper conduct of the affairs of that
Colony that entire confidence should exist between Her Majesty's
Government and the Company, and they venture to think that in this
respect you will find the accompanying correspondence with the Secretary
of State for Foreign Affairs completely satisfactory.



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FILE: 1856-03-01_Douglas_to_Grey,_Sir_George_V56003.txt
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No. 3

I have the honor to acknowledge the receipt of your Despatch no 5
of the 12th of November last, in which you are pleased to approve of my report of the 21st August, on the state of Vancouver's Island, and
of the general plan of management adopted in our intercourse with the
Northern Indians, who had visited the settlements, during the summer
months.

I observe also with much satisfaction that you have sanctioned the
establishment of a Police Force, for the protection of the settlements,
which in consequence of the Indian war now raging in American Oregon,
may be considered more than ever necessary as a protective measure.

I have communicated to the Council, and through them to the public
at large the encouraging intelligence conveyed in your Despatch,
respecting the interest felt by Her Majesty's Government on behalf of
this Colony, and that hopes are entertained of the extension of the
Reciprocity Treaty with the United States, to this portion of Her
Majesty's Dominions, an event which we are fully convinced will lay the
foundation of a high state of future prosperity for the Colony.
*

The Indian war still continues to desolate Oregon, and
notwithstanding the great exertions made by the Local Authorities and
the Federal Government of the United States who have sent large
reinforcements of regular Troops from California, with supplies of arms
and munitions of war, no impression whatever has been made on the
position of the hostile Tribes in Puget's Sound, who make a boast of
having lost only one man since the commencement of the hostilities. The
American accounts differ from their statements, but the weight of
evidence and the fruits of victory are on the side of the Indians, who
seldom expose their men in bush fighting, or attack their enemy except
at manifest advantage.

Their courage and daring have been lately displayed in an
extraordinary manner, considering the quiet and friendly deportment of
those Indians, when that country was made over to the United States.

The latest incidents of the war are somewhat singular: three full
companies of United States Troops and mounted volunteers marching into
the enemie's country were surprised in a night attack, by a handful of
Indians, and put to flight with the loss of their commanding officer,
several men and a great part of their horses and baggage. The Indians
next made their appearance at a point within three miles of the
principal military station at Steilacoom, and retired unmolested, after
remaining three days in open defiance of the Troops, in their vicinity.
Their latest movement was an attack upon the Town of Seattle in Puget's
Sound, under the Guns of the United States Sloop of war "Decator," and
strange to say they retreated without loss after keeping up a smart fire
of musketry for about eight hours.

Those events prove how formidable, an enemy the Indian may become,
and re-act powerfully on the minds of the natives within the British
Territory, who naturally feel elated at the courage and successes of the
colored races.

There is nevertheless no change observable in their demeanour
towards the British settlements.

I am not however without reasonable grounds of anxiety in regard to
the future, and I trust that the Colony will be frequently visited by
Her Majesty's Ships of war, during the summer months.
**

A body of northern Indians who were suspected of plundering the
deserted habitations of the American settlers, were lately discovered by
a Victoria Indian, in a place of concealment on one of the Islands in
the Canal de Arro, and were driven from thence by a force composed of
ten whites and 25 Victoria Indians, whom I ordered out for the occasion,
and placed under the command of Mr McKay of the Hudson's Bay
Company's service. Mr McKay guided by the Victoria Indian, landed with his men near their hiding place, and by a rush into their
camp took it, without a casualty.

The remains of several oxen were found in their houses, supposed to
have been, at least in part, the property of persons residing in this
Colony.

Two of the number were, in consequence, seized and brought to this
place for trial, and are now confined in the public Jail, but the
remainder of the party took to flight, and have it is supposed gone to
their northern homes.

Thirty eight canoes with upwards of 300 northern Indians, arrived
at this place a few days ago, and a very large number are reported to be
on the route for the settlements. I have in consequence, with the
approbation of the Council, commenced, raising a militia force of 30 men
and officers, who will remain embodied during the presence of those
savages.

This will lead to a serious expense, but I conceive it would be
unwise to neglect so necessary a precaution, in the present
circumstances of the Colony, more especially when it is considered that
the maintenance of a small force now may have the effect of preventing
much future evil and expense to the Colony.

I have the honor of transmitting herewith for your information copy
of the Minutes of a Council held on the 27th day of February, and I
trust you will approve of the measures adopted in respect to the
District Schools, and for the defense, and for carrying on the public
business of the Colony.

The men who have offered for the Militia Corps, have been enlisted
at 2 Sterling a month for privates, being considerably less than the
pay sanctioned by Council, which it is not my intention to allow, as
long as men can be procured at a lower rate.

In fixing the pay of the Militia at one dollar a day, for Privates,
the Council, had in view, that the Volunteers raised in the United
States Territory receive from their Government, two dollars a day and
rations, and it appeared then a matter of doubt whether men could be
raised in this Colony, for the public service, without the stimulus of
high pay.

I have nothing further of much importance respecting the Colony
to communicate at present.



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Hammond to Merivale (Permanent Under-Secretary)

With reference to your Letter of the 30th of August last
relative to the proposed extension to Vancouvers' Island of the terms of
the Reciprocity Treaty of June 1854, I am directed by the Earl of
Clarendon to transmit to you a Copy of a Dispatch and of its Enclosure
from Her Majesty's Minister at Washington on the same subject, and I am
to request that, in laying these Papers before Mr Secretary Labouchere, you will state that Lord Clarendon would wish to be informed
what answer should be returned to Mr Crampton, respecting the Counter
propisitions which Mr Crampton states will probably be made by the
United States' Government, namely, that in return for their acceding to
the request of Her Majesty's Government in regard to Vancouver's Island,
the other possessions of the Two Countries on the Pacific Coast should
also be included in the Provisions of the Reciprocity Treaty.



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FILE: 1856-03-05_Smith_to_Ball_Parliamentary_Under-Secretary_V565MI07.txt
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Memo, Smith to Ball (Parliamentary Under-Secretary)

Mr Smith presents his Compliments to Mr Ball, and agreeably to his request, begs to return the Tracing of the "Strait of Juan De Fuca"
and adjoining Country, transmitted with his letter of the 22nd Ultimo
to the chairman of the Hudson's Bay Company.



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FILE: 1856-03-07_Douglas_to_Grey,_Sir_George_V56004.txt
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No. 4

I have the honor to enclose herewith copy of a petition, which was
presented to me yesterday, by a deputation of the most respectable
inhabitants of this Colony, praying that I would make a formal
application that one of Her Majesty's ships should be sent here, for
their protection.

In my Despatch No 3 of the 1st of Instant I communicated my
opinion in respect to the state of the Colony, and the causes which
exist for alarm on the part of the inhabitants, and will only remark in
regard to this petition that its object appears to be just and
reasonable, and therefore I recommend it to the attention of Her
Majesty's Government.



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FILE: 1856-03-08_Douglas_to_Labouchere_V56005.txt
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No. 5

I have the honor to acknowledge the receipt, on the 7th Inst,
of your Despatches of the dates mentioned in the margin.

*



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FILE: 1856-03-12_Shepherd_to_Labouchere_V565MI08.txt
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Shepherd to Labouchere

With reference to the Report on the transactions of the Hudson's
Bay Company in relation to Vancouver's Island Colony, addressed to Lord
John Russell under date, Hudson's Bay House 9th June 1855, I am
desirous, on the part of the Hudson's Bay Company, to request your
attention to the following paragraphs contained therein.

The Governor and Committee are of opinion however, that with respect to
such of those parties as may be desirous of increasing the extent of
their holdings, and to others whose eligibility can be satisfactorily
established, it would be desirable to modify the existing regulations
regarding the payment of the purchase money of land, by empowering the
Governor of the Island, under certain restrictions to receive such
payment by four annual instalments of 5s/- each.

This arrangement would enable an industrious agricultural labourer
to make progress with a very small Capital, but which would be yearly
increased by the profits of his labour.

Reference has already been made to the system of free grants which
prevails in the American Territory, and the Governor & Committee
apprehend that while that system continues in the immediate vicinity of
Vancouver's Island, some liberal arrangement, such as that now
suggested, will be necessary to induce Emigrants to adopt the Island as
their home.

I am requested to state that it will be satisfactory to the
Committee if your Lordship should concur in these views, in which case
they will transmit the necessary instructions to Governor Douglas for
carrying them into operation without delay.

It is the opinion of the Directors that should the Company be
authorized to dispose of lots of land on some such terms of payment, the
Settlement of the Island would progress more rapidly than, owing to
circumstances beyond their control, it has hitherto done.

Should you concur with this opinion, and instruct them accordingly,
no time will be lost in directing Governor Douglas to carry the same
into effect.



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FILE: 1856-03-13_Shepherd_to_Labouchere_V565MI09.txt
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Shepherd to Labouchere

I have the honour to acknowledge the receipt of Mr Ball's letter
of the 8th Instant, enclosing, by your directions, copy of a letter
from the Board of Admiralty, stating that the Commander in Chief in the
Pacific had dispatched the President Frigate to Vancouver's Island, and
that his attention has already been called to the danger in which the
British Settlements at that Island may be placed; and I beg to convey
the thanks of the Directors of the Hudson's Bay Company for the
communication.



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FILE: 1856-03-15_Hammond_to_Merivale_Permanent_Under-Secretary_V565FO03.txt
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Hammond to Merivale (Permanent Under-Secretary)

With reference to the question now before the Secretary of State
for the Colonial Department of extending to the Colony of Vancouver's Island the provisions of the Treaty between this Country and the United
States of America of the 5th of June 1854 I am directed by the Earl of Clarendon to transmit to you, to be laid before Mr Secretary Labouchere, a Copy of a Letter from the Hudson's Bay Company
communicating to His Lordship a Correspondence which has taken place
with your Department upon this subject, with further observations
relative thereto.



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FILE: 1856-03-19_Hammond_to_Merivale_Permanent_Under-Secretary_V565FO04.txt
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Hammond to Merivale (Permanent Under-Secretary)

I have laid before the Earl of Clarendon your Letter of the 15th
Instant, enclosing a copy of a Letter from the Deputy Governor of the
Hudson's Bay Company, stating the circumstances connected with the
occupation of the Island of San Juan in the Canal de Arro by the
servants of the Hudson's Bay Company, and also a copy of the reply which
Mr Secretary Labouchere proposes to return to it, and I am to
request, that you will state to Mr Labouchere, that Lord Clarendon
entirely concurs in the Draft of the Letter which he proposes to address
to Mr Shepherd upon this subject.

I return herewith in compliance with your request, the enclosures
in Mr Shepherd's Letter.



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FILE: 1856-03-20_Murdoch_and_Rogers_to_Merivale_Permanent_Under-Secretary_V565LN01.txt
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Murdoch and Rogers to Merivale (Permanent Under-Secretary)

We have to acknowledge the receipt of your letter of 17th
instant accompanied by a letter from the Deputy Governor of the Hudson's
Bay Company, proposing a modification in the Land Regulations in
Vancouvers Island, in favor of persons who may be desirous of increasing
their holdings or whose eligibility can be established by substituting a
system of payment by four annual instalments instead of requiring the
whole price at once. The Deputy Governor points out that as a system of
free grants exists on the adjacent American Continent, a liberal
arrangement is necessary to induce Emigrants to settle in Vancouvers
Island.

2. The usual objections against receiving the price of Crown Lands
by instalment, namely that it induces purchasers to take up more land
than they can cultivate—that it creates great difficulty in obtaining
payment for the Land—and that it converts a large body of persons into
debtors to the Crown can scarcely apply in any serious degree to
Vancouvers Island. And as it is of moment to encourage the resort of
Settlers to the Island, and for that purpose to diminish the unfavorable
contrast which Settlers might draw between its Land Regulations and
those of the American Continent, it appears to us that the Hudson's Bay
Company ask no more than is reasonable in the modification which they
now propose. We would accordingly recommend that if the Colonization of
the Island is to be continued in their hands, they should be allowed to
substitute for the present cash payments for land, a payment by annual
instalments, with such checks against abuse in the system as may in
their opinion be necessary.



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FILE: 1856-03-20_Shepherd_to_Labouchere_V565MI10.txt
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Shepherd to Labouchere

I have the honour to acknowledge the receipt of Mr Ball's letter
dated Downing Street 15th Instant enclosing Copy of [a] letter
addressed to the Colonial Office by direction of the Earl of Clarendon,
transmitting Copy of a Dispatch from Her Majesty's Minister at
Washington relative to the extension of the Reciprocity Treaty with the
United States to Vancouver's Island, which in accordance with his
request I have laid before the Directors of the Hudson's Bay Company.

In reply, I have the honour to state that at present the Directors
of the Hudson's Bay Company are not aware of any objection to the
acceptance by Her Majesty's Government of the counter Proposition that
Mr Crampton expects will be put forward by the American Government;
provided due care be taken that the right of fishing reciprocally
conceded be restricted to sea fishing, and that the right of salmon
fishing whether in bays, creeks, or along the coast generally, as
well as in rivers, and the mouths of rivers, be reserved to the Hudson's
Bay Company in the territory held under the exclusive Licence of Trade,
*
and also that it be understood that the said Treaty will not be
considered as giving any pretext to American Citizens to trade with the
Indians for Furs, or other articles.

At the same time I have to remark that, before giving a definite
answer, it would be satisfactory to the Directors to have a Report on
the subject from Sir George Simpson who has visited the North West Coast
of America, and whose opinion on the subject would be extremely
valuable.

I propose to communicate with Sir George Simpson, who is at present
in Canada, by the first opportunity, and would respectfully request that
no steps be taken in the matter until his reply be received, which may
be expected in course of post.



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FILE: 1856-03-31_Shepherd_to_Labouchere_V565MI11.txt
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Shepherd to Labouchere

I have the honor to acknowledge the receipt of Mr Merivale's
letter of the 22nd Instant, on the subject of the occupation of the
Island of San Juan in the Canal de Arro.

It is satisfactory to the Directors of the Hudson's Bay Company to
learn that the proceedings of Governor Douglas have met with your
approbation.

I beg leave to assure you that you do the Directors of the Hudsons
Bay Company justice, by acquitting them of any intentional suppression
of information from the Secretary of State for the Colonies; but I take
this opportunity of observing, in explanation of the course pursued by
the Company in transmitting all the information they had on the subject
to the Foreign Office, that the Queen's Advocate having, by direction of
the Secretary of State for Foreign Affairs, communicated with the
Company on the subject of the occupation of the Islands in the Canal de Arro, arising out of the encroachments by subjects of the United States
of America, and it appearing to the Directors to be an international
question, they presumed that they were acting correctly in thus
addressing that Department.

The Directors will in future adopt the course indicated by you, and
will communicate all the information which they may have to convey
respecting the affairs of Vancouver's Island Colony and its
dependencies, to the Secretary of State for the Colonies.



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FILE: 1856-04-03_Douglas_to_Labouchere_V56006.txt
================================================================================

No. 6

I have the honor to acknowledge the receipt on the 27th Ultimo
of your Despatches of the dates mentioned in the margin.
*



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FILE: 1856-04-05_Douglas_to_Labouchere_V56007.txt
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No. 7

I have the honor to acknowledge the receipt of your Circular
Despatch of the 9th January last, transmitting an order of the Lords
of the Council, which absolutely prohibits the exportation of Saltpetre
and other Chemical Salts to Her Majesty's Colonies and plantations in
North America including the West Indian Islands, and directing that the
receipt of this instruction should be acknowledged, and that any
information or practical suggestions calculated to facilitate the
attainment of the object which Her Majestys Government have in view
should be communicated to you.

Though it is not probable that vessels laden with the prohibited
articles enumerated in the order of the Lords of the Council, will visit
any Port of Vancouver's Island, I nevertheless consider it necessary to
assure you, that in the Event of any attempt being made to commit an
infraction of that order, I feel satisfied that the Council of
Vancouver's Island would cordially unite with me, and I have no doubt
our exertions would succeed in checking any improper trade.



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FILE: 1856-04-05_Greville_to_Merivale_Permanent_Under-Secretary_V565CO01.txt
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Greville to Merivale (Permanent Under-Secretary)

I am directed by the Lord President of the Council to transmit to
you the enclosed Order of Her Majesty in Council of the 4th inst. for
establishing a Supreme Court of Civil Justice in Vancouver's Island,
under the 12 & 13 Vict. c. 48; and I am to request that you will be
pleased to lay the same before the Secretary of State for the Colonial
Department.



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FILE: 1856-04-08_Douglas_to_Labouchere_V56008.txt
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No. 8

I have the honor to acknowledge the receipt on the 3rd of
Instant of your Despatch No 1 of the 17th Decr last, transmitting
a letter from the Royal Commissioners of the Patriotic Fund, enclosing a
receipt for the amount of contributions to that charity, collected
within the District of Victoria.

I have also to acknowledge the receipt of your Despatch No 2 of
the 24th of December last, referring to my letter No 17 of the
13th September,
*
in which I took the liberty of suggesting that the Provisions and Stores
required for Her Majesty's Ships, should be sent direct from England to
Vancouver's Island, and that Store Houses for their reception, should be
erected at Port Esquimalt.

I observe with satisfaction that you have referred the subject of
that Despatch to the Lords Commissioners of the Admiralty, and that they
have directed Rear Admiral Bruce to furnish a report on the subject.

I have also the honor to acknowledge the receipt on the same
date of your Despatch No 3 of the 26th January,
**
referring to my letter of the 8th November last, reporting the outbreak of the Indian war in American Oregon.

It affords me the greatest satisfaction to observe, that the
measures which I pursued on that occasion, in respect to the aid
furnished to the American authorities, has met with your approval and I
trust that our proceedings since that time, dictated by a kindred
policy, as reported in subsequent communications, will also meet with
the approval of Her Majesty's Government.



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FILE: 1856-04-10_Douglas_to_Labouchere_V56009.txt
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No. 9

Since I had the honor of addressing you on the 1st of March
last, in respect to the war, which the United States are now carrying on
against the native Indian Tribes in American Oregon, repeated
applications for supplies of clothing and munitions of war, have been
made upon me by Mr Stevens Governor of Washington Territory as may be
observed by reference to the copies of his letters to me, which are
herewith transmitted for your information.

The security offered by Governor Stevens for the payment of those
supplies was not of such a nature as to induce the Agents of the
Hudson's Bay Company, or any other party here, to advance the necessary
funds, and it was therefore out of my power to meet his views on a very
extensive scale. However as a mark of courteous sympathy I purchased
and sent a quantity of ammunition and clothing to the amount of 3465
dollars, with my own private funds, leaving the payment for his
settlement in any manner that will secure me from loss. Should there be
any difficulty in the re-payment of the loan so made, I presume that Her
Majesty's Government, will use their influence in protecting my
interests in that particular instance,
*
seeing that it was owing to my official position, as the representative
of Her Majesty in this Colony, that I was required to succour a
Christian people in their peculiarly distressed circumstances, an act of
kindness, which they moreover may have it in their power, on some future
occasion, to return with interest.

I will take the liberty of drawing your attention more particularly
to Governor Steven's communication No 5 dated 17th February,
respecting the visits of the Northern Indians, inhabiting the British
coast, to the American Settlements in Puget's Sound. The periodical
migration of those wild hordes is without question a source of disquiet
and a national grievance.

Their presence inspired general terror and not without cause, as
there is no restraining principle in their minds, and they have no
scruples about committing acts of murder or rapine, whenever there is a
prospect of escaping with impunity.

They are accused, and probably with justice, of having committed
many crimes in American Oregon, which I can only regret, without having
the power of preventing, or of punishing the criminals; who do not live
within the jurisdiction of this Colony.

It is not improbable that the United States, may, sooner or later
make a demand for satisfaction, in consequence of their depredations, in
which case I conceive Her Majesty's Government, will have to take one of
two courses, either to compel those savages to remain in their own
country, or to permit the United States to levy war upon them, within
the British frontiers.

Those points certainly involve grave questions of national right, and may lead to serious discussion with the United States.

It may also be observed on the same subject, that the northern Indians are attracted to the American settlements entirely by the hope
of gain, and provided a respectable naval force is maintained in Puget's
Sound, to prevent plundering, and the inhabitants are careful not to
employ them as labourers, I may venture to predict, that with the
removal of the powerful incentive, which takes them thither, their
visits to Puget's Sound will soon entirely cease.
**

The aspect of affairs in American Oregon, so far as respects the Indian war, is not materially altered since my last report. The
Americans have taken the field in force, and with considerable means,
but are constantly eluded by the rapid and dextrous movements of the natives, who perfectly understand the advantages of Parthian warfare,
and deal their blows with merciless severity on the undefended
settlements, which exhibit a striking picture of the horrors of Indian
war.

Many of the Northern Tribes, who lately visited this part of the
Colony have since the date of my last communication, left the
settlements, and returned to their own country, and the excitement among
the Colonists, in respect to the danger of being attacked by those
savages has subsided.

One riot only occurred during the great concourse of Indians at
this place, and that arose out of a gambling quarrel among themselves,
and ended rather seriously for the parties concerned, one man having
been killed in the affray, and many severely wounded. I made it a point
to call both parties to account for the disturbance, and took advantage
of the circumstances to urge their immediate departure from the Colony,
and they, accordingly left a few days afterwards.

In all other respects the Indians have been quiet and well behaved,
and have given no cause of complaint. The number of those Indians in
the settlements though much reduced is still considerable, but their
movements are vigilantly watched, and the outlying dwellings are
regularly visited by parties of militia, and otherwise every thing in my
power is done, that can tend to promote the safety and comfort of the
people.



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FILE: 1856-04-15_Shepherd_to_Labouchere_V565MI12.txt
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Shepherd to Labouchere

I have the honour to acknowledge the receipt of Mr Elliot's
letter, dated Downing Street, 4th April, stating that you would be
happy to receive Sir George Simpson's report on the extension of the
Reciprocity Treaty with the United States to Vancouver's Island; and
further, that you wish to be informed on what grounds the Directors of
the Hudson's Bay Company require to have the right of Coast and River
Fishery on the North West Coast of America reserved to them.

In reply I have the honor to state that Sir George Simpson's report
may be expected in about three weeks, and will be forthwith communicated
to you.

With reference to the second point, I beg to inform you that the
Directors of the Hudson's Bay Company have no wish to have any right as
against British subjects reserved to them, to which they are not
entitled by their License of Trade, but as their servants are the only
white people inhabiting those Coasts, I inadvertently made use of the
expression "reserved to the Hudson's Bay Company" instead of "to British
subjects."



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FILE: 1856-04-16_Douglas_to_Labouchere_V56010.txt
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No. 10

I hasten to communicate for the information of Her Majesty's Government, a discovery of much importance, made known to me, by Mr Angus McDonald, Clerk in charge of Fort Colvile one of the Hudson's Bay
Company's Trading Posts on the Upper Columbia River District.

That Gentleman reports in a letter dated on the 1st of March last that Gold has been found in considerable quantities within the
British Territory on the Upper Columbia, and that he is moreover of
opinion that valuable deposits of Gold will be found in many other parts
of that country, he also states that the daily earnings of persons
then employed in digging Gold were ranging from 2 to 8 for each man.

Such is the substance of his report on that subject, and I have
requested him to continue his communications in respect to any further
discoveries made.

I do not know if Her Majesty's Government will consider it
expedient to raise a revenue in that quarter, by taxing all persons
engaged in gold digging, but I may remark that it will be impossible to
levy such a tax, without the aid of a military force, and the expense in
that case would probably exceed the income derived from the Mines.
*

I will not fail to keep you well informed in respect to the extent
and value of the gold discoveries made, and circumstances will probably
be the best indication of the course, which it may be expedient to take:
that is in respect to imposing a tax or leaving the field free and open
to any persons who may choose to dig for gold.

Several interesting experiments in gold washing have been lately
made in this Colony, with a degree of success, that will no doubt lead
to further attempts for the discovery of the precious metal. The
quantity of Gold found is sufficient to prove the existence of the
metal, and the parties engaged in the enterprise entertain sanguine
hopes of discovering rich and productive beds.



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FILE: 1856-04-26_Labouchere_to_Douglas_V567007.txt
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No. 7

I have to acknowledge your Despatch No 1 of the 31st January
calling my attention to the charge made by the United States Post Office
in Pugets Sound for the Postage on certain documents forwarded to your
Government. As you expressed a wish in your Despatch No 6 of the
28th Feby 1854 that the Secretary of State's Despatches should be
forwarded by the Panama route, the Despatches from this Office have
hitherto been so transmitted, but for the future I will cause all
documents exceeding sixteen ounces in weight to be sent to the Hudson's
Bay Company for transmission to you, or request the Lords Commissioners
of the Admiralty to have them conveyed by any of Her Majesty's ships
proceeding to the Pacific.



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FILE: 1856-04-26_Labouchere_to_Douglas_V567008.txt
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No. 8

With reference to your Despatch No 2 of the 7th January 1854,
transmitting an Act passed by your Council to establish a Supreme Court
of Civil Justice, and to the correspondence which has since passed on the
subject; I now transmit to you an Order in Council for the same purpose.

2. Mr Cameron will be appointed Chief Justice and the warrant
for that purpose will be transmitted to you with as little delay as
possible.

3. Criminal jurisdiction has not been included. Your Despatch
No 11 of the 25th July last shows that you have not felt any
difficulty as yet on this score, and as soon as you have assembled the
lawful Legislature of the Colony, as directed by my Despatch No 5 of the 28th February last, you will be able to make such further
provision for the purpose as you may consider advisable.



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FILE: 1856-05-02_Banister_to_Labouchere_V566B01.txt
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Banister to Labouchere

In consequence of my noticing the appointment of Mr David Cameron to the office of Chief Justice of Vancouvers Island, I have
addressed a letter to the Parties of that Settlement who brought that
Gentleman's name under your notice.

A copy of that letter I take leave to enclose to you; shd?.



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FILE: 1856-05-05_Labouchere_to_Douglas_V567009.txt
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No. 9

Referring to my despach No 8 of the 26th Ulto, I transmit to
you herewith a Warrant under the Royal Sign Manual authorizing you to
pass Letters Patent under the Public Seal of Vancouvers Island appointing
Mr David Cameron to the Office of Chief Justice of that Colony.

You will call upon Mr Cameron for the sum of one pound ten shillings, the value of the Stamp on the enclosed Warrant, and remit the
amount to Mr Smith, the Chief Clerk of my office.



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FILE: 1856-05-08_Shepherd_to_Labouchere_V565MI13.txt
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Shepherd to Labouchere

With reference to my letter of the 15th Ultimo, I have now the
honor to enclose for your information, Extract of a letter received from
Sir George Simpson, under date Lachine, 11th April 1856, relative to
the proposed Reciprocity Treaty between Her Majesty's Government and
that of the United States on the North West Coast of America.

From the long experience which Sir George Simpson has had in all
matters connected with the native Tribes of America, and from his
personal knowledge of the locality to which it is proposed to extend the
Treaty, the Directors of the Hudson's Bay Company deem his opinion
deserving of much consideration, and they have come to the conclusion
that, so far as the interests of the Hudson's Bay Company, and, I may
add, of the native Tribes on the North West Coast, are concerned, it is
not desirable that the provisions of the Treaty should be extended
beyond the limits of the Colony of Vancouver's Island.

Should the counter proposition alluded to in Mr Cramptons Despatch of the 18th February be made by the Government of the United
States, I respectfully beg, on the part of the Hudson's Bay Company,
that the same be not allowed by Her Majesty's Government.



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Shepherd to Labouchere

With reference to my communications of the 7th & 19th
February on the subject of the Indian War in Oregon, I have now the
honor to transmit Extract of a Despatch received by the last Mail from
Governor Douglas, dated Victoria, Vancouver's Island, March 5th 1856.

Under the present critical state of affairs on the North West
Coast, it would be very satisfactory to the Directors of the Hudson's
Bay Company to learn that the "President" Frigate, as mentioned in Mr
Phinn's communication, transmitted in Mr Ball's letter of the 8th
March, had arrived at Vancouver's Island.



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FILE: 1856-05-09_Shepherd_to_Labouchere_V565MI15.txt
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Shepherd to Labouchere

I have the honour to Enclose for your information the accompanying
Extract from a letter recently received from Governor Douglas dated
Victoria, Vancouver's Island, 5th March 1856, by which you will
perceive that he is anxious to dispose of the tract of land on the
Island, known as the Governor's reserve.

The Directors of the Hudson's Bay Company see no objection to the
proposed sale, the proceeds of which would of course have to be carried
to the credit of the Vancouver Island Trust Fund; on the contrary, they
consider it very desirable that this Reserve should be disposed of for
the benefit of the Colony, as it has been found "a hindrance to the
Settlement of the Country," and may prove, as with similar reserves in
other Colonies, a frequent subject matter of dispute hereafter.

Upon receiving your sanction to the proposed Sale, I shall cause
Governor Douglas to be instructed to complete the conveyance.



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FILE: 1856-05-13_Murdoch_and_Wood_to_Merivale_Permanent_Under-Secretary_V565LN02.txt
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Murdoch and Wood to Merivale (Permanent Under-Secretary)

We have to acknowledge your letter of 10th instant enclosing a
letter from the Governor of the Hudsons Bay Company, accompanied by a
communication from Mr Douglas the Governor of Van Couvers Island
proposing to sell a tract of Land in that Island known as the Governor's
Reserve.

2. Mr Douglas expresses his opinion that the sale of the
Governors Reserve would be advantageous to the Island, as at present it
remains unproductive and a hindrance to settlement, and without a large
expenditure must continue so. He proposes, therefore, to take advantage
of an offer made to him by Mr Pemberton, a gentleman who has recently
arrived in the Island, for the purchase of a portion of the Reserve.

3. The documents in this Office afford no information on the
subject of the Governor's Reserve at Van Couver's Island. As a general
rule, however, we have no doubt that such Reserves, if of any extent,
are objectionable. We think, therefore, that the application of the
Governor and of the Hudson's Bay Company in this matter may properly be
complied with.



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No. 10

I have received your Despatch No 4 of the 7th of March last
enclosing the copy of a petition presented to you by a deputation of the
inhabitants of Vancouver's Island praying that a ship of war may be
despatched there.

It affords me satisfaction to be able to inform you that foreseeing
the importance of protecting the Settlement from attack I called the
attention of the Lords Commissioners of the Admiralty to the subject in
February last and that the "President" Frigate has in consequence been
ordered to repair to Vancouver's Island.

I trust therefore that this measure of precaution will tend to
remove the apprehension expressed by the Inhabitants.



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FILE: 1856-05-15_Labouchere_to_Douglas_V567011.txt
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No. 11

I have to acknowledge the receipt of your Despatch No 3 of the
1st of March and to approve the measures which, with the advice of
your Council, you have taken for the protection of the Settlement.



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FILE: 1856-05-16_Smith_to_Merivale_Permanent_Under-Secretary_V565MI16.txt
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Smith to Merivale (Permanent Under-Secretary)

I am directed by the Governor of the Hudson's Bay Company to
acknowledge the receipt of your letter of yesterday's date, with the
accompanying Bag of Documents to the address of the Governor of
Vancouver's Island, and to acquaint you that the Bag will be forwarded
as requested, to Governor Douglas by the Hudson's Bay Company's first
vessel for Vancouver's Island.

I beg however to mention that the Company will not dispatch any
vessel to that quarter before the end of July.



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FILE: 1856-05-19_Douglas_to_Labouchere_V56011.txt
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No. 11

I have the honor to acknowledge the receipt on the 16th of
Inst, of your Despatch No 4, of the 22nd February last, in reply
to my communications No 24 and No 32, reporting the measures taken for
aiding the authorities of the United States, in repelling the attacks of
hostile savages, and it is highly gratifying to observe that those
measures have met with the approval of Her Majesty's Government.

Since the date of my Despatch of the 10th of April last, another
pressing appeal has been made to me by Governor Stevens, through
Commissary Robinson, for assistance, and I once more advanced funds out
of my own private fortune for the purchase of supplies to the amount of
3535 dollars, making with the former advance the sum of 7000 dollars,
for which I hold Governor Stevens' acknowledgement. This is a serious
drain upon my resources, but in the circumstances I could not with
propriety, deny the assistance so pressingly claimed, and I confess that
it was not motives of humanity alone that induced me to lend such aid,
as I could command, as other reasons of sound policy were not wanting,
strongly urging to that course; such as the conviction on my mind that
the triumph of the native Tribes, would certainly endanger the position
of this Colony; which in that case could not be maintained without a
vast increase of expense for military defences.

It is therefore clearly our interest that the American cause should
triumph and the natives be made to feel that they cannot successfully
contend against the power and resources of the whites.

The war does not appear to progress at present; there is a very
large force of Americans in the field; acting however chiefly on the
defensive, instead of pushing vigorously into the Indian country and
forcing the Indians either to give battle or to yield. About 5000 Puget Sound Indians, who remain friendly to the American cause, are collected
at various stations, and provided with food at the cost of the United
States, with the view of keeping them from joining the ranks of the
hostile Tribes. The expense of maintaining so many persons must be
large indeed, while the advantage derived from the measure is uncertain.

A party of British Indians belonging to this settlement who
complained that they had been chaced and captured in the Straits of De
Fuca, by the United States Steamer "Active," lately appealed to me for
redress, and for restitution of their arms, of which they had been
deprived.

I thought it proper in those circumstances to make a demand on
their behalf upon the commander of the "Active," who admitted the
general facts complained of, and it appears he was induced to take the
parties into custody, in consequence of their refusal to bring to, when
required, and for afterwards threatening to fire upon his boats, which
led him to suppose they were American and hostile Indians. He also gave
up the arms, and much to their delight they were returned to the owners.

I have since taken the precaution of issuing an order, warning all
British Indian Tribes, not to visit the American Coast, during the
continuance of the present Indian war, without having a written permit
from me, which the American authorities have promised to respect, and
giving them notice that this Government will not otherwise interfere on
their behalf, should they be seized by the United States ships of war,
on or near the American Territory.



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Shepherd to Labouchere

I have the honour to acknowledge the receipt of Mr Merivale's
letter of the 17th Instant, transmitting Copy of a Despatch, from the
Governor of Vancouver's Island, reporting the measure which he has taken
for raising a local Force for the Protection of the Settlement, and I
beg to convey to you the thanks of the Directors of the Hudson's Bay
Company for the communication.



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FILE: 1856-05-21_Osborne_to_Merivale_Permanent_Under-Secretary_V565AD02.txt
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Osborne to Merivale (Permanent Under-Secretary)

Having laid before my Lords Commissioners of the Admiralty your
letter of the 17th Instant, with its enclosed copy of a despatch from
the Governor of Vancouver's Island, relative to a Ship of War being sent
for the protection of that Settlement from attack by Indians, I am
commanded by their Lordships to acquaint you, for the information of
Mr Secretary Labouchere, that as intimated in my letter of the
25th February last, Her Majesty's Ship President has been dispatched
to Vancouvers Island, but no accounts have yet been received of her
arrival at that Colony.



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No. 12

I have the honor to acknowledge the receipt of your Despatch No 5 of the 28th of February last with its enclosures.

It is I confess not without a feeling of dismay that I contemplate
the nature and amount of labour and responsibility, which will be
imposed upon me, in the process of carrying out the instructions,
conveyed in your despatch. Possessing a very slender knowledge of
legislation, without legal advice, or intelligent assistance of any
kind, I approach the subject with diffidence; feeling however all the
encouragement which the kindly promised assistance and support of Her
Majesty's Government, is calculated to inspire.

Under those circumstances I beg to assure you that every exertion,
on my part, shall be made, to give effect to your said instructions, at
as early a period as possible.

I do not apprehend any restiveness on the part of the Free holders,
as we have to legislate only for the best interests of the Colony, and
have no party questions nor purposes to serve; but should they, contrary
to my expectations, exhibit an untractable spirit, hazardous to the
peace of the Colony, I shall not fail to exercise the special authority
to prorogue the Assembly, and to conduct the executive business of the
Colony as heretofore given to me, in that case by Her Majesty's
Government, in your Despatch marked "Confidential," also of the 28th
of February last, and received at the same time with Despatch No 5.

I have not had time since the arrival of your Despatch, to consider
the subjects treated therein as thoroughly as their importance requires,
and therefore have not arrived at any definite conclusion, as to the
precise plan for carrying your instructions into effect. I will however
take the liberty of addressing you again on the subject. I observe that
the terms of my commission only empower me

to summon and call general assemblies of the inhabitants owning
20 or more acres of free hold land within the said Island,

apparently restricting the elective franchise, to the holders of 20
acres of land and upwards, to the exclusion of holders of houses and
other descriptions of town property, a class more numerous than the
former. I am utterly averse to universal suffrage, or making population
the basis of representation; but I think it expedient to extend the
franchise to all persons holding a fixed property stake, whether houses
or lands in the Colony; the whole of that class having interests to
serve, and a distinct motive for seeking to improve the moral and
material condition of the Colony.

With those remarks I would here take the liberty of enquiring, if
it is the desire of Her Majesty's Government to restrict the elective
franchise, to the holders of 20 acres of land or upwards or to give the
representation a more extended basis.

The mail is on the point of leaving and I am therefore compelled
to bring my remarks thus abruptly to a close.



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No. 13

1. I have the honor to acknowledge the receipt of your Despatch No
6 of the 28th of February last, calling my attention to the present
state of affairs between Her Majesty's Government, and the Hudson's Bay
Company, with reference to the probable re-purchase, by the Crown, of
the land of Vancouver's Island, on payment to the Company,

of the sums heretofore laid out and expended by the Company, in
and upon the said "Island and Premises," and the value of their
Establishments, property and effects.

You also therein direct that I should furnish a specification of the
present state of the account, that is to say, of the sums hitherto
expended by the Hudson's Bay Company, in the manner described in the
grant, and also of the sums realized by the Company, by the sale of land
and applied from time to time towards the colonization and improvement
of the Island.

2. I have the honor to inform you in reply to the subject of that
Despatch that it will be a matter of little difficulty, to furnish a
statement of all the monies expended within the Colony, for public
improvements, and other colonial purposes, and I can also furnish an
exact statement of the sums realized by the Hudsons Bay Company, through
the sale of land, as the Colonial accounts, which have been very
carefully kept, account for every penny of the public money that has
been received and disbursed by the Executive Government.

3. It is however out of my power to furnish a statement of the
sums which have been disbursed in England by the Hudson's Bay Company,
on account of objects, connected with the Colony of Vancouver's Island,
as I am only partially acquainted with, and have no record of the full
amount of that expenditure.

4. I observe that the Grant, includes among the items to be
repurchased the "Establishments property and effects" of the Hudson's
Bay Company on Vancouver's Island.
*

5. If that clause has application only to military establishments, and
to outlays made for the protection and defense of the Colony, the same
appear, and are included in the Colonial accounts, but if it refers to
the commercial and farming establishments of the Hudson's Bay Company,
formed prior to and since the grant of Vancouver's Island, by the Crown,
I have not the means of furnishing an account of the expenditure thereby
incurred, which cannot be correctly ascertained without an application
to the Governor of the Hudson's Bay Company.

6. I will in the mean time prepare and forward as soon as
possible, a statement of all money, the proceeds of land sales and
otherwise derived, received and expended under the sanction of the
Executive Government within this Colony, which is all that I have
information sufficient to accomplish. In attempting to do more I might
mislead Her Majesty's Government by erroneous statements.



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[Private]

I have received the copy of "Wordsworth on the law of Elections,"
and also the form of ordinance establishing a council, which you were
kind enough to send me.

I feel deeply obliged by your considerate kindness in that
instance, and for the friendly advice in your letter of the 1st of
March, which together with the document and Book, will be of the
greatest assistance, in carrying out the directions I have lately
received from Mr Labouchere.

I will thank you to continue the favour, on all future occasions,
when any thing novel, or extraordinary is to be attempted, or whenever
you may consider it expedient.

If I can be of any use in this part of the world, pray command
my services.



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FILE: 1856-05-22_Shepherd_to_Labouchere_V565MI18.txt
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Shepherd to Labouchere

I have the honour to acknowledge the receipt of Mr Merivale's
letter of the 19th Instant, notifying your approval of the
instructions proposed to be given to Governor Douglas to dispose of the
tract of land on Vancouver's Island, known as the "Governor's Reserve,"
and I beg to acquaint you that directions for the sale of the land will
accordingly be transmitted to Governor Douglas by the earliest
opportunity.



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FILE: 1856-06-05_Shepherd_to_Labouchere_V565MI19.txt
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Shepherd to Labouchere

I have the honor to enclose for your information Extract of a
letter received by last mail from Dugald Mactavish Esqre, the
Hudson's Bay Companys Agent in Oregon, dated Vancouver, Washington
Territory, 5th April 1856, giving a further report of the progress of
the Indian war in that country.



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FILE: 1856-06-07_Douglas_to_Labouchere_V56014.txt
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No. 14

Since I had the honor of addressing you on the 22nd of May last,
I have held a meeting of Council for the purpose of taking into
consideration the instructions contained in your despatch No 5,
respecting the summoning of Assemblies of the Free-holders of this
Colony. I read to Council a draft of the proclamation, which I intend
to issue, for convening the Assembly: proposed that the Island should
be divided into four electoral Districts; and should return seven
members; and that the property qualification of members should be
free-hold estate of the value and not lower than 300 Sterling. The
property qualification of voters to be according to the terms of Her
Majesty's Commission, 20 acres or upwards of Freehold land.

The Council adjourned without coming to any decision, till
tomorrow, for the better consideration of the subjects laid before them.

The proclamation for convening the Freeholders will probably be
issued in the course of this week, and the Assembly will probably meet
about the first week in August.

There will be a difficulty in finding properly qualified
representatives and I fear that our early attempts at legislation will
make a sorry figure; though at all events they will have the effect you
contemplate of removing all doubts as to the validity of our local
enactments.

There has been at this place lately a large arrival of savages
from the Queen Charlotte Islands.
*

The son of their principal chief, who are both among the number of
those unwelcome visitors, was committed to Jail and whipped, at this
place, about two years ago for theft. It having, ever since, been
currently reported, that his Father the Chief had resolved to wipe out
the disgrace of the whipping, by making a hostile attack upon the
settlements, I yesterday, called him publicly to account for his
reported enmity to the whites, which he however strenuously denied. I,
at the same interview, charged him to watch his people very closely,
during their stay in this Colony, and to keep them from stealing
quarrelling drunkeness and riotous behaviour, warning him that for any
of those offences, they will be punished by whipping or imprisonment.

Unfortunately, his son, the same youth who, as already said, was
before whipped for misconduct, was this day charged with committing a
drunken assault, on an unprotected woman; and I have been under the
necessity of punishing him by fine and imprisonment.

This has caused great excitement among those savages, and my Indian
employ'es report that they are about to leave the Colony in disgust. I
have therefore placed them under surveillance, as a protection from
treachery, and it will be a great relief, when they leave the Colony, as
they are very ignorant and untractable.

I was induced to expect by letters from Rear Admiral Bruce, that
Her Majesty's Sloop "Alarm" would be here before the last week in May;
but she has not, as yet, made her appearance.



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FILE: 1856-06-16_Smith_to_Merivale_Permanent_Under-Secretary_V565MI20.txt
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Smith to Merivale (Permanent Under-Secretary)

I am directed by the Governor of the Hudson's Bay Company to
acknowledge the receipt of your letter of the 16th Instant, and to
inform you that in accordance with Your request, the accompanying packet
to the address of Governor Douglas will be forwarded to Vancouver's
Island by the first vessel to be dispatched to that Island.



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FILE: 1856-06-30_Osborne_to_Merivale_Permanent_Under-Secretary_V565AD03.txt
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Osborne to Merivale (Permanent Under-Secretary)

I am commanded by my Lords Commissioners of the Admiralty to
acquaint you, for the information of Mr Secretary Labouchere, that Rear Admiral Bruce has reported that Her Majesty's Ship Alarm was to be at San Francisco by the 4th July and is to proceed thence to Vancouver.



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FILE: 1856-06-30_Osborne_to_Merivale_Permanent_Under-Secretary_V565AD04.txt
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Osborne to Merivale (Permanent Under-Secretary)

I am commanded by my Lords Commissioners of the Admiralty to
transmit to you, for the information of Mr Secretary Labouchere, a
copy of a letter from Rear Admiral Bruce, reporting the steps he had
taken for the protection of Vancouvers Island.



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FILE: 1856-07-02_Banister_to_Labouchere_V566B02.txt
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Banister to Labouchere

I have had the honor to receive your letter of yesterday's date
with its enclosure, viz. a copy of a letter addressed to Robert S.
Swanston Esqre, and I hope I may be permitted to remark that it did
not appear to me that the Inhabitants of Vancouvers Island expressed
themselves dissatisfied with British Courts of Justice; but that they
were with the Conduct of the Individual appointed to preside over those
Courts as Chief Justice. I anxiously trust the very high estimate you
entertain of his abilities may be fully realized, otherwise I much fear
that dissatisfaction may be manifested in a manner by no means agreeable
to those administering the affairs of the Colonial office in this
Country.

I shall feel it incumbent upon me to forward this reply, with your
communication to the Gentlemen at Vancouvers Island, inasmuch, as Mr
Swanston having left that part of the world, as communicated to you by
me in May last (on my noticing in the Gazette Mr Camerons
appointment) the purport of your letter to him might be unknown to them
through him for an indefinite period.



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FILE: 1856-07-08_Labouchere_to_Douglas_V567012.txt
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No. 12

I transmit for your information copies of a correspondence with
Mr Robert L. Swanston of San Francisco relative to the selection of Mr Cameron for the Office of Judge of the Supreme Court of Van Couver's Island.



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FILE: 1856-07-14_Shepherd_to_Labouchere_V565MI21.txt
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Shepherd to Labouchere

The Governor and Committee of the Hudson's Bay Company have lately
had under their consideration the Financial Position of Vancouver's
Island, particularly with reference to the prospective means for
defraying the current expenses of the Government of that Colony.

You are aware that hitherto these expenses have been provided for,
principally by the sale of sections of land at the rate of 1 per acre;
by the amount received for Royalty on Coal, the produce of the Hudson's
Bay Company's Coal Mine; and the amount received in the Colony for
Licences and Fines.

The first source of revenue, vizt, that arising from the Sale
of land, will, it is to be feared, prove much less productive for some
years to come than during the preceding period. The Hudson's Bay
Company, and the Puget's Sound Agricultural Company, have completed to
the full extent their purchases, and notwithstanding the modification
permitting the payment of the purchase money by instalments, which has
been lately introduced with your sanction, the Governor and Committee do
not anticipate that such an impulse will be given to future sales as
will make up for the loss of income caused by the cessation of purchases
by those Companies. Under such circumstances the Governor and Committee
are of opinion that the time has arrived when it has become necessary to
send instructions to Governor Douglas to take into consideration the
best mode of providing additional means for defraying the expense of
administering the affairs of the Colony; and, considering that the
purposes for which the funds are required are those which are essential
for the happiness and protection of the Colonists, the Governor and
Committee trust that Governor Douglas will receive the support of the
Legislative Assembly should it be found necessary to impose duties on
trade, or other taxes for the accomplishment of this object.

The Hudson's Bay, and the Puget's Sound Agricultural Companies and
their Servants, have expended a very large capital in the Island, in the
hope that in the course of time some adequate return will be
forthcoming, and although the uncertain prospect of such return within a
reasonable period has now compelled them to inculcate on their Agents
the necessity of adopting more caution in the expenditure of money on
works not calculated to be immediately remunerative, yet they will be
ready cheerfully to contribute their proportion of any tax or duty which
may be imposed for defraying the necessary expense of administering the
affairs of the Colony.



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No. 13

Despatches which have been lately received from you, embracing
several subjects in the same communication, oblige me to remind you of
Rule 157 in the Book of Colonial Regulations to which you have been
already specially requested by the Duke of Newcastle to conform in your
correspondence with the Secretary of State. [Marginal note: 17th
Octr 1853.] Inattention to this rule being productive of
considerable inconvenience in the transaction of business in this
Office, I have to request that you will in future observe it.



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No. 15

I have the honor of enclosing herewith Minutes of the proceedings
in the Council of Vancouver's Island on the 4th and 9th of June
last. I stated in my communication of the 7th of June the subjects
which had been laid before the Council on the 4th of that month. The
propositions in respect to the convening and constitution of the
Assembly were approved and passed without alteration, at the meeting of
the 9th of June.

In order to suit the circumstances of the Colony, the property
qualification of Members was limited to the ownership of 300, of
freehold estate or upwards.
*

To have fixed upon a higher standard of qualification, would
have disqualified all the present representatives,

leaving no disposable persons to replace them, and it appeared to me
impolitic, as well as unconstitutional, to dispense altogether with the
property qualification.

You will observe by the said Minutes that absentee Proprietors of
Freehold estates are allowed to vote through their resident Agents or
Attorneys, after the example of British Guiana.

The division of the settlements into four electoral Districts,
admits of a more equal representation, and has given more general satisfaction to the Colonists, than a single Poll opened in any one District.

The electors are so few in number that the returns were mere
nominations in all the Districts, with the exception of Victoria, where
the contest was stoutly maintained by no fewer than five rival
candidates.

The elections are now over, and the Assembly is convened for the
12th day of August next.

Since I had last the honor of addressing you, my time and attention
have been seriously occupied in providing for the peace and security of
the settlements, in consequence of the great numbers of northern
savages, who have been, this season, crowding into the Colony.

**

The presence of those people has excited a well grounded apprehension of
danger in the minds of the Colonists; but I am thankful that they have
hitherto been kept under proper restraint. Our situation may however be
compared to a smouldering volcano, which at any moment may burst into
fatal activity.

None of Her Majesty's Ships have yet arrived here, as we
expected from Admiral Bruce's last communication.
***

It may probably interest Her Majesty's Government to learn that
some very fine specimens of scale Gold have been lately discovered in
one of the Tributary Streams of Fraser's River, at a considerable
distance from the sea coast.
****

The persons who made the discovery propose to continue the search
for gold, as soon as the river which, was then in a swollen state, falls
to its lowest level, and I will do myself the honor of informing you of
the result of their explorations. The search for Gold has not been
continued with activity on Vancouver's Island, neither does it appear
that the Gold District in the Upper Columbia, referred to in my letter
of the 16th April last, has been found productive, as the ascertained export of Gold from that quarter for the last five months is only about 220 ounces.

The high state of the auriferous mountain streams, usual in the
early months of summer, may probably have hindered the miners from
working with their customary activity, but whether that or the limited
extent of the gold District, be the real cause of their want of success,
is a matter of conjecture, as I have received no reliable information on
the subject.



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No. 16

I have the honor of transmitting herewith a Minute of proceedings
at a meeting of the Council, held at this place on the 2nd day of August, and also the copy of an Ordinance passed by the Council on the
same day, for the arrangement of the affairs of the Colonial Church at
Victoria.

Trusting that those proceedings may meet with your approval.



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No. 14

I have to acknowledge the receipt of your despatch No 10 of the
16th April last reporting the discovery of Gold within the British
Territory on the Upper Columbia River District.

In the absence of all effective machinery of Government, I conceive
that it would be quite abortive to attempt to raise a Revenue from
licenses to dig for Gold in that region. Indeed as Her Majesty's
Government do not at present look for a revenue from this distant
quarter of the British dominions, so neither are they prepared to incur
any expense on account of it. I must therefore leave it to your
discretion to determine the best means of preserving order in the event
of any considerable increase of population flocking into this new gold
district; and I shall rely on your furnishing me with full and regular
accounts of any event of interest or importance which may occur in
consequence of this discovery.



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FILE: 1856-08-14_Douglas_to_Labouchere_V56017.txt
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No. 17

I have to acknowledge the receipt of your Circular Despatches of
the dates noted in the margin,
*
with the accompanying Documents.



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FILE: 1856-08-14_Douglas_to_Labouchere_V56018.txt
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No. 18

I have the honor to acknowledge the receipt on the 26th Ultimo,
of your Despatches of the numbers and dates given in the margin.
*

I observe by the first of those Despatches, concerning the
forwarding of the Secretary of States Despatches, that it is your
intention hereafter to cause all documents exceeding sixteen ounces in
weight, to be sent to the Hudson's Bay Company for transmission, or to
require the Lords Commissioners of the Admiralty to have them conveyed
by any of Her Majestys ships proceeding to the Pacific.

I have duly received the order in Council for establishing a
Supreme Court of Civil Justice in Vancouver's Island, transmitted with
your despatch No 8 of the 26th of April, and the same was made known in this Colony by proclamation issued on the 8th day of the present month.

I have also received the Warrant under the Royal sign manual,
authorising me to pass letters Patent, appointing Mr David Cameron,
to the Office of Chief Justice of Vancouvers Island, and in obedience to
your instructions I herewith transmit an order
**
on the Hudson's Bay Company for the sum of one pound ten
shillings, being the value of the stamp on the Warrant.

Immediately on the receipt of your Despatch No 10, I issued a
public notice, announcing the steps, which you had resorted to, for the
protection of the Colony from attack, and that in consequence of your
watchful care, the "President" Frigate had been ordered to repair to
Vancouver's Island, a measure that has given the utmost satisfaction to
the inhabitants of this Colony.

A public seal being wanted for the service of the Supreme Court, as
directed by Her Majestys order in Council establishing that Court, I
have taken the liberty of forwarding to you a Requisition for that
object, and also for a public seal for the Department of the Collector
of the Customs, and a copy of the Act of Parliament, constituting the
County Courts, with the latest and best authority on the practice of
those Courts.

This application may probably be irregular; if so I trust you will
be kind enough to excuse the trouble, as there is no other department of
the public service, to which I feel at liberty to apply for such wants,
as cannot elsewhere be procured. I am therefore under the necessity of
throwing myself for aid, on your good offices.



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FILE: 1856-08-16_Shelbury_to_Merivale_Permanent_Under-Secretary_V565FO05.txt
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Shelbury to Merivale (Permanent Under-Secretary)

I am directed by the Earl of Clarendon to acknowledge the receipt
of your letter of the 14th instant, Enclosing a copy of a despatch
from the Governor of Vancouver's Island, reporting the assistance which
he had afforded to Governor Stevens in the Indian war now raging in
American Oregon, and I am to request that you will state to Mr
Secretary Labouchere that the conduct of Governor Douglas appears to
have been most judicious.



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FILE: 1856-08-20_Douglas_to_Labouchere_V56019.txt
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No. 19

In my letter No 15 of the 22nd of July I made known to Her
Majesty's Government that a not unreasonable degree of alarm existed in
the minds of the inhabitants of this Colony, in consequence of the great
number of northern Indians congregated in the settlements. A gang of
Queen Charlotte Islanders, who had been several months resident here,
soon after the date of that communication, attacked and nearly destroyed
a native "Cowegin" village situated about 50 miles north of this place.
The "Cowegins" few in number fought desperately and were all slaughtered
on the spot; and the assailants made off toward their own country with a
number of captive women and children.

When tidings of that disaster reached the Colony, the remaining
northern Indians, though still numerous were greatly alarmed, and the
Cowegins incensed by the loss of their friends, were only restrained
from attacking them en masse, by their respect for Her Majesty's
Government, and the dread of giving us offence. They however hovered on
the borders of the settlements, and shot every northern Indian without
respect to Tribe or person, who ventured abroad. In those circumstances
it became necessary to apply a remedy, as the excited passions of the
hostile savages would have eventually brought on a collision within the
limits of the settlements, where the northern Indians had assembled for
protection, and they were afraid to leave the Colony as the route to
their distant homes leads directly through the "Cowegin" Country. There
was also great cause to fear that so large a number of Indians united by
a common sense of danger, if permitted to leave in a collective body,
would in all probability, from a feeling of their own strength, become
dangerous, and commit numberless depredations on the less powerful
native Tribes of Vancouver's Island, who might be surprised and cut off
in detail.

I therefore adopted a plan which without displeasing the Cowegin
Tribe, was considered by the northern Indians as a mark of peculiar
favor; this was to despatch them on their return homeward, under the
escort of the Hudson's Bay Company's Steamer "Otter," and according to
that arrangement, fifteen large canoes manned with about 300 northern
Indians were sent away from this place on the morning of the 7th of
August, and were conducted as far as River de Grullas, about 150 miles
north of Victoria, where they were left to make their own way. The
Colony was thus delivered from the greater number of the northern Tribes
who have been resident at this place since the end of spring, and I am
in hopes they will not renew their visits next year, in bodies so
formidable.

I have now the satisfaction of announcing the arrival of Rear Admiral Bruce in Her Majesty's Ship "Monarch" at Port Esquimalt on the
evening of the 11th of Instant; and the "Trincomalee," Captain
Houstoun, arrived the following day. The "Alarm" and "Brisk," are also
under orders to repair to Vancouver's Island, and are daily expected
here. The health of the squadron is generally good, and there is an
abundant stock of vegetables and fresh provisions in the Colony for
their use.

Admiral Bruce proposes to prolong his stay till the first week in
September, and one of the ships will remain here after his departure for
the protection of the Colony.

The House of Assembly was opened on the 12th of the present
month. The affair passed off quietly, and did not appear to excite much
interest among the lower orders.

I herewith forward a copy of my address to the assembly on that
occasion, which I can only hope will meet with your approbation. As
mentioned in one of my previous communications, the House of Assembly
consists of seven Members vizt

John Muir Soke District

John S. Helmcken ) Esquimalt District

Thomas Skinner )

J.D. Pemberton )

James Yates ) Victoria District

E.E. Langford )

John F. Kennedy ) Nanaimo District

J.S. Helmcken has been elected speaker of the House, but nothing
further has been done; in consequence of objections having been raised
to the validity of the election in one instance, and to the property
qualification in two cases, making three out of the seven members,
against whose return, petitions have been sent in, leaving only the
speaker and three members at liberty to act, and that number is
insufficient to form a Committee of enquiry, the House therefore hardly
know how to get over the difficulty. One of the petitions is evidently
got up for mere party purposes, and if that were withdrawn there would
be four members and the speaker, who might proceed to regulate the
affairs of the house. In the Territorial Governments of the United
States, the practice in such cases, is for the Governor to grant
certificates of qualification to a majority of the Members; who then
proceed to constitute the house, but I am not certain if such a course
would be in harmony with English law; nevertheless if the House should
appeal to me on the subject, I will have recourse to that expedient.



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No. 20

Thomas Williams a British subject settled in the Cowegin country,
was brought here this morning in, it is feared, a fatally wounded state,
having been shot through the arm and chest, by "Tathlasut" an Indian of the Saumina Tribe who inhabit the upper Cowegin District. Thomas Williams is one of that class of men known in this country as
"squatters", that is persons who have not purchased and therefore have
no legal claim to the land they occupy, and though I have always made it
a rule to discountenance the irregular settlement of the country, yet it
is essential for the security of all, that those persons should be
protected.

I propose in the first place to demand the surrender of "Tathlasut"
from the Chiefs of his Tribe, and should we not succeed in securing him
by that means, the only alternative left, will be to march a force into
the country for that purpose. The squadron being now here, a sufficient
force can with the co-operation of Admiral Bruce be raised without
difficulty, and I feel assured that he will render every assistance in
his power.

I have only further to assure you that I will do every thing in my
power to avoid collisions with the natives, and not push the matter
further than is necessary to secure the peace of the country.



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FILE: 1856-08-23_Labouchere_to_Douglas_V567015.txt
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No. 15

I have to acknowledge your Despatch, No 11, of the 19th May
last, on the subject of the assistance which you had afforded to Governor
Stevens in repressing the Indian War in American Oregon, and to inform
you that Her Majesty's Government consider your conduct on this
occasion to have been most judicious.



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FILE: 1856-08-23_Labouchere_to_Douglas_V567016.txt
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No. 16

I have to acknowledge the receipt of your Despatches Nos 12 and
14, of the 22nd May, and the 7th of June last.

I am very sensible of the responsibility imposed upon you by my
despatch of the 28th of February last, instructing you to Convoke a Legislative Assembly, but I am satisfied from your language that you
are fully prepared to encounter that responsibility and to take
the necessary steps.

With respect to the franchise, you have, I do not doubt, very good
reason for considering that it is too much restricted by the terms of
your Commission. It seems to me however that the best course will be,
not for the present to alter the Commission, but that you should act on
it in the first instance, and bring before the Assembly convoked under
it, a measure for extending the suffrage in the manner which you propose.



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FILE: 1856-08-23_Labouchere_to_Douglas_V567017.txt
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No. 17

The Governor and the Committee of the Hudson's Bay Co, have
brought under my notice the financial condition of Van Couver's Island,
with reference to the means of defraying the future expenses of the
Government.

It appears that owing to the cessation of purchase of land
by the Hudson's Bay and Puget Sound Companies, the land sales will not
prove so productive a source of revenue as they have hitherto been, and
therefore other means must be resorted to for raising the necessary
funds for the support of the Government of the Colony. This is a
subject which I have no doubt will engage the early attention of the
Legislature after the Meeting of the Assembly, and I consider it
reasonable under the circumstances that some moderate Imposts should be
levied to help to defray the expenses of Government.



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FILE: 1856-08-29_Shepherd_to_Labouchere_V565MI22.txt
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Shepherd to Labouchere

I have the honour to acknowledge the receipt of Mr Merivale's
letter of the 25th Instant, stating that the substance of my letter
to you dated 14th July would be communicated to Governor Douglas,
accompanied by a recommendation that some moderate impost be levied to
assist in defraying the expenses of the Government of Vancouver's Island; and I beg to convey the thanks of the Committee of the Hudson's
Bay Company for this communication.



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FILE: 1856-09-06_Douglas_to_Labouchere_V56021.txt
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No. 21

I have to announce, for the information, of Her Majesty's
Government my return, this day, from "Cowegin", with the expeditionary
force placed at my disposal by Rear Admiral Bruce for service in the
Cowegin country.

We succeeded after much trouble in securing the person of the
Indian, who lately attempted to take the life of Thomas Williams, the
natives themselves having been prevailed upon to seize and deliver him
into our hands.

He was tried before a special court convened on the spot, and was
found guilty of "maiming Thomas Williams with intent to murder," an
offence which the statute 1st Victoria chapt. 83 section 2. considers
felony, and provides that the offender should suffer death.

He was accordingly sentenced to be hanged, and the sentence was
carried into effect, near the spot where the crime was committed, in the
presence of his Tribe, upon whose minds, the solemnity of the
proceedings, and the execution of the criminal, were calculated to make
a deep impression.

The Cowegin Tribe can bring into the field about 1400 warriors but
nearly 1000 of those were engaged upon an expedition to Fraser's River,
when we entered their country. About 400 warriors still remained in the
valley, nevertheless no attempt was made, except a feeble effort, by
some of his personal friends, to rescue the prisoner or to resist the
operation of the law.

The troops marched some distance into the Cowegin valley, through
thick bush and almost impenetrable forest. Knowing that a mere physical
force demonstration would never accomplish the apprehension of the
culprit, I offered friendship and protection to all the natives except
the culprit, and such as aided him or were found opposing the ends of
justice. That announcement had the desired effect of securing the
neutrality of the greater part of the Tribe who were present, and after
we had taken possession of three of their largest villages the surrender
of the culprit followed.

The expeditionary force was composed of about 400 of Her Majesty's
seamen and marines under Commander Mathew Connolly and 18 Victoria
Voltigeurs, commanded by Mr McDonald of the Hudson's Bay
Company's service.

My own personal staff consisted of Mr Joseph McKay and Mr
Richard Golledge, also of the Hudson's Bay Company's service, and those
active and zealous officers were always near me, in every danger.

In marching through the thickets of the Cowegin valley the Victoria
Voltigeurs were, with my own personal staff, thrown well in advance of
the seamen and marines, formed in single file, to scour the woods, and
guard against surprise, as I could not fail to bear in mind the repeated
disasters, which, last winter, befel the American Army, while marching
through the jungle against an enemy much inferior in point of numbers
and spirit, to the Tribes we had to encounter.

I hope I may be permitted to recommend that very talented and
active officer Commander Mathew Connolly to Her Majesty's Government,
for promotion, as I should really be wanting in justice to his
extraordinary merit were I to refrain from urging this request as a
personal favour to me.

I may also remark for the information of Her Majesty's Government
that not a single casualty befel the expeditionary force during its
brief campaign, nor was a single Indian, the criminal excepted,
personally injured, while their property was carefully respected.

The expedition remained at Cowegin two days after the execution of
the offender, to re-establish friendly relations with the Cowegin Tribe,
and we succeeded in that object, to my entire satisfaction.

I greatly admired the beauty and fertility of the Cowegin valley,
which contains probably not less than 200,000 acres of arable land. I
shall however address you on that subject, in a future communication.

Trusting that my proceedings on this occasion may meet with the
approbation of Her Majestys Government.



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FILE: 1856-09-12_Douglas_to_Labouchere_V56022.txt
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No. 22

I have the honor to acknowledge the receipt on the 9th of
Instant, of your Despatch No 11 of the 15th of May last, approving of the measures adopted for the protection of the Settlements in this
Colony and also of the Circular Despatches of the dates noted in the
margin, * with their enclosures, to which every attention will be paid.

I have the honor of forwarding herewith a duplicate of my
Despatch No 21, of the 6th of Instant,

**

since which, nothing of much importance respecting the Colony has
occurred.



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FILE: 1856-09-15_Douglas_to_Labouchere_V56023.txt
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No. 23

I have the honor to acknowledge the receipt of your Despatch No 12,
of the 8th of July last, transmitting copies of a correspondence with
Mr Robert Swanston of San Francisco, relative to the selection of Mr Cameron for the office of Judge of the Supreme Court of
Vancouver's Island.

I feel deeply obliged for the highly becoming and pointed reply to
Mr Swanston's communications, of which you have favoured me with a
copy, and appreciate the support thereby given to my administration.

Mr Swanston's friends are few in number and certainly do not
represent the respectable part of this community nor their real wants
and sentiments.

I have also the honor to acknowledge the receipt of your Circular
Despatches of the dates noted in the margin,
*
and my attention shall be directed to the instructions which they contain.



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FILE: 1856-09-16_Shepherd_to_Labouchere_V565MI23.txt
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Shepherd to Labouchere

I have the honour to acknowledge the receipt of Mr Merivale's
letter of the 30th Ultimo enclosing the copy of a Despatch from the
Governor of Vancouver's Island, and requesting with reference thereto
that a statement of the sums expended in this Country by the Hudson's
Bay Company on account of that Settlement, and which Mr Douglas
states that it is not in his power to furnish, may be prepared and
transmitted to the Colonial Department.

I have accordingly the honour of transmitting the statement
required, completed up to the present time in extension of a previous
account made up for the information of the Governor and Committee to the
31st May 1855.

Also the Vancouver's Island Trust Account, rendered to the latest
date to which our information extends, shewing the receipts from land,
and from other sources, and the application of the monies to public
uses.

There is one important item of expenditure which has not been
Placed to the Account although it was caused by the Company's occupation
of the Island. I allude to the Steam Ship "Otter."

This vessel has been greatly instrumental in protecting the Colony,
and contributing in numerous ways to the comfort of the inhabitants; at
the same time the Vessel has been employed when not otherwise required,
in carrying Stores &c to other portions of the Company's territory, and
under such circumstances, we have not included her cost and maintenance
in the Account.

Referring to the charge for the maintenance of 350 Settlers for one
year, it is proper to explain that it was found necessary to allow these
persons wages from the date of their embarkation on board ship in this
Country, that the voyages average nearly six months; and further, for
the first half year after their arrival on the Island, they were unable
to provide for themselves.

With regard to the value of the Company's "Establishments,
Property, and Effects" on the Island, such as the buildings not included
in the present account, the Wharves and the improvement of land &c; an
account of the cost or value can only be rendered by the Company's
officers at Fort Vancouver Columbia River, and the current worth would
probably have to be ascertained by competent valuers on the spot.

Whilst transmitting this Account I beg to observe that several of
the items are necessarily estimates, but I venture to assure you
that the greatest care has been taken with a view of not enhancing the
amount beyond a fair and just valuation, and we shall be fully prepared
if required, to explain the grounds upon which they have been formed.



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FILE: 1856-10-09_Shepherd_to_Labouchere_V565MI25.txt
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Shepherd to Labouchere

I have the honor to enclose for your information Extracts of
letters lately received from Governor Douglas, dated Victoria,
Vancouver's Island, 4th and 13th August, which I trust you will
consider satisfactory.



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FILE: 1856-10-10_Shepherd_to_Labouchere_V565MI26.txt
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Shepherd to Labouchere

I have the honor to enclose for your information copy of a
correspondence between the Secretary of State for Foreign Affairs and
the Hudson's Bay Company on the subject of the Boundary Line between the
territory of the United States and Vancouver's Island, as I believe that
it is your desire to be Kept fully informed on all points connected with
the affairs of that Island.



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FILE: 1856-10-20_Douglas_to_Labouchere_V56024.txt
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No. 24

Having for some months past been engaged in important
investigations respecting the aboriginal population of Vancouvers
Island, I have succeeded in completing a census of the Native Tribes,
and in ascertaining with something like accuracy their relative numbers
and places of habitation, which I do myself the honor of transmitting
herewith for the information of Her Majesty's Government.

2. The Census gives a total population of 25,873 souls within the
limits of this Colony without including the inhabitants of the
continental coast of America, immediately opposite Vancouver's Island,
who are connected by intermarriages with the Insular Tribes, and whose
numbers may be estimated at 8,000 souls; we have therefore a total
aboriginal population equal to 33,873 souls in the Colony, and its
immediate vicinity.

3. There is a remarkable uniformity in the domestic habits of
those Tribes, they have each a fixed place of residence, marked by large
dwelling houses, rudely though strongly constructed, of rough plank,
where they reside for the greater part of the year, and only leave for
the purpose of paying temporary visits to other parts of the coast,
where fish, game, and wild fruits are at particular seasons found in
greater abundance than at their usual places of abode.

4. They are hospitable, and exceedingly punctilious in their
mutual intercourse, grateful for acts of kindess, and never fail to
revenge an injury. Though generally dishonest, they are seldom known to
violate a trust. They have all some rude idea of a Great first cause,
and an intuitive sense of moral good and evil, yet not having been
trained in the fear of God, their minds have no ruling principle except
the impulse of the moment.

5. Some of those Tribes are yet in a very rude state, but those
inhabiting Nanaimo, Victoria and Cowegin Districts who have frequent
intercourse with the whites, are becoming domesticated and have turned
their attention to the cultivation of the potatoe, and other
agricultural products, which has the effect of softening their
character, and giving them more settled habits.

6. As the safety and prosperity of the Colony depends more than
upon any other cause, on our maintaining a good understanding with the
native Tribes, I have used every possible means to command their respect
and conciliate their friendship by protecting their rights and giving
them redress, in all cases where they have suffered wrong, and with
equal handed justice severely, punishing their own delinquencies.

7. The management of the Natives is an object which must always
have strong claims upon the attention of the Government of this Colony,
as no probable event can ever prove more disastrous to the settlements
than collisions with the natives. Fortunately for the whites the powerful Tribes of Vancouver's Island so formidable alike for their
numbers and resolute bearing, have no bond of common interest, they are
divided in their views and regard each other with jealousy and distrust.
By retaining their confidence and taking advantage of their mutual
animosities we may therefore always manage to prevent extensive
combinations of the Tribes for the purpose of assailing the settlements.

8. They have been remarkably quiet and well conducted in every
part of the Colony since my general report of last year. A vast number
of roving Indians from almost every part of the coast, between
Vancouvers Island and the 60th degree of north latitude, have at
various times during the season visited the Colony, and their presence
produced a not unreasonable degree of alarm among the white inhabitants,
but we got rid of those dangerous visitors without any actual breach of
the peace.

9. The only overt acts of hostility by the natives which occurred
this year were promptly avenged. The sufferer in one instance was Peter
Cornelius, a European, but I rather think not a British subject, living
singly among the native Tribes of the west coast of the Island, who was
treacherously murdered last winter, through the act or agency of the
Chief man of the village where he resided and who had promised to aid
his pursuits and protect him from danger. Retribution soon overtook the
perfidious Chief, who was shortly afterwards captured and put to death,
by the people of a neighbouring Tribe.

10. The only other case was the attempt to shoot Thomas Williams
at Cowegin, which the opportune presence of Her Majesty's ships enabled
me to punish almost immediately after the offense was committed.

11. I trust those striking examples will have the effect of
deterring other parties from the commission of crime.

I will not venture upon any further remarks at present.



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No. 25

1. I have the honor of enclosing herewith a copy of a
communication which I lately received from Commander Swartwout,
commanding the naval Forces of the United States within the Straits of
Juan de Fuca, reporting that an American citizen had been cruelly
murdered by the natives near the town of Seattle, and requesting my aid
and assistance towards arresting the murderers. The letter was
delivered by Captain Swartwout in person, and he also informed me that
the murder was committed on the 3rd of this present month.

2. For obvious reasons I declined interfering with the arrest of
the murderers, except in the case of their taking refuge within the
British settlements, when I agreed to sanction the execution of any
process issued by the Magistrates of Washington Territory and embraced
by the provisions of the Extradition Treaty.

3. I also made it obvious to Captain Swartwout that the moral
effect of the punishment on the Indian mind would be altogether
destroyed if the arrest were made by the British authorities, and I
advised him to chase the murderers to their homes, and to arrest them if
necessary in the midst of their friends being the course which in every
attempt on the lives of British subjects we have been compelled to
resort to.

4. He did not however seem disposed to follow my advice; and I
presume the Indians have made their escape. I am convinced that none of
them have been seen, or heard of in this quarter; especially as I have,
on all occasions, warned the Natives, that offenders against the laws of
the United States, are not to seek harbour in the British settlements.
If permitted to do so, they might be claimed by the United States'
authorities, and their arrest on British Territory, would most certainly
embroil us with their friends.



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FILE: 1856-10-20_Phinn_to_Merivale_Permanent_Under-Secretary_V565AD05.txt
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Phinn to Merivale (Permanent Under-Secretary)

With reference to your letter of the 17th Instant, requesting to
be informed whether any Vessel of War is likely to be despatched to the
North Pacific; I am commanded by my Lords Commissioners of the Admiralty
to acquaint you, for the information of Mr Secretary Labouchere, that Her Majestys Steamer Satellite will proceed thither in the course of a
fortnight or three weeks, and is now at Devonport.



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FILE: 1856-10-21_Labouchere_to_Douglas_V567018.txt
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No. 18

I have to acknowledge the receipt of your Despatch dated 22nd
July, No 15, enclosing Minutes of the proceedings in the Council of
Vancouver's Island on the 4th and 9th of June last, together with
the copy of a Proclamation convening Assemblies of Freeholders, and
remarking generally on the state of the Colony.



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FILE: 1856-10-24_Douglas_to_Labouchere_V56026.txt
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No. 26

I have the honor to acknowledge the receipt of your Despatches
of the numbers and dates noted in the margin
*

with the accompanying enclosures.



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FILE: 1856-10-24_Shepherd_to_Labouchere_V565MI27.txt
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Shepherd to Labouchere

I have the honor to acknowledge the receipt of Mr Elliot's
letter dated Downing Street, 23rd October,

*

enclosing copy of a Despatch from Governor Douglas; and I beg to convey
the thanks of the Directors of the Hudson's Bay Company for the
communication.



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FILE: 1856-10-29_Douglas_to_Labouchere_V56027.txt
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No. 27

I have the honor to acknowledge the receipt of your Despatch No 13,
of the 18th of July 1856, calling my attention to Rule 157 in the
Book of Colonial Regulations, directing that Despatches from the
officers administering Colonial Governments, should each be confined to
a single subject, a rule which I observe, with regret, has not been, in
all cases, attended to in my correspondence with Her Majesty's
Government.

I beg however to assure you that in my future communications I will
strictly conform to the said regulation.



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FILE: 1856-10-29_Douglas_to_Labouchere_V56028.txt
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No. 28

1. I have the honor to acknowledge the receipt of your Despatch No
14, of the 4th of August, communicating the arrival of my Despatch No
10, of the 16th of April last, in which was reported the discovery of
Gold within the British Territory, in the Upper Columbia River district.

2. I have since the date of that letter, received several other
communications from my correspondent, in that part of the country, who
however scarcely makes any allusion to the subject of the Gold
discovery, but I have heard through other almost equally reliable
sources of information, that the number of persons engaged in gold
digging is yet extremely limited, in consequence of the threatening
attitude of the Native Tribes, who being hostile to the Americans have
uniformly opposed the entrance of American citizens into their country.

3. The people from American Oregon are therefore excluded from the
Gold District, except such, as resorting to the artifice of denying
their country, succeed in passing for British Subjects. The persons at
present engaged in the search of Gold, are chiefly of British origin and
retired servants of the Hudson's Bay Company, who being well acquainted
with the Natives, and connected by old acquaintanceship and the ties of
friendship, are more disposed to aid and assist each other in their
common pursuits, than to commit injuries against persons or property.

4. They appear to pursue their toilsome occupation in peace and
without molestation from the Natives, and there is no reason to suppose
that any criminal act, has been lately committed in that part of the
country, nor indeed do I apprehend any difficulty in preserving order
among those men, so long as the heterogeneous population of American
Oregon are excluded from the gold district.

5. It is reported that gold is found in considerable quantities
and that several persons have accumulated large sums by their labour and
traffic, but I cannot vouch for the accuracy of those reports, though on
the other hand, there is no reason to discredit them, as about 220
ounces of Gold dust, has been brought to Vancouver's Island direct from
the Upper Columbia, a proof that the country is at least auriferous.
From the successful result of experiments made in washing gold from the
sands of the tributary streams of Frasers River, there is reason to
suppose that the gold region is extensive and I entertain sanguine hopes
that future researches will develop stores of wealth, perhaps equal to
the gold fields of California.

The geological formations observed in the "Sierra Nevada" of
California, being similar in character to the structure of the
corresponding range of mountains in this latitude, it is not
unreasonable to suppose that the resemblance will be found to include,
auriferous deposits.

6. I shall not fail to furnish you with full and regular accounts
of every event of interest, connected with the gold district, which may
from time to time occur.



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FILE: 1856-10-30_Hill_to_Elliot_Assistant_Under-Secretary_V565MI28.txt
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Memo, Hill to Elliot (Assistant Under-Secretary)

Mr Rowland Hill presents his compliments to Mr Elliot,
and with reference to his note of the 27th instant, begs to state,
that the packet addressed to Van Couvers Island transmitted to this
Office with Mr Merivale's letter of the 10th instant, was
forwarded to its destination by the Packet "Arabia" on the 11th
instant, via Boston and San Francisco.

l General Post Office

l October 30th 1856



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FILE: 1856-10-31_Douglas_to_Labouchere_V56029.txt
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No. 29

1. I have the honor to acknowledge the receipt of your Despatch
No 15, of the 23rd of August, in reply to my communication No
11 of the 19th of May last, reporting the assistance which I had
afforded to Governor Stevens, in repressing the Indian war in American
Oregon and I observe with a feeling of the highest gratification that
Her Majesty's Government entirely approve of my conduct on that
occasion.

2. The sum which I advanced on that and a previous occasion,
mentioned in my Despatch No. 9 of the 10th of April last, amounting
to 7000 Dollars, being at 50d exchange equal to 1458.16.8, has not
yet been repaid, a circumstance which puts me to inconvenience, as to
the great injury of my private fortune, I am otherwise exposed to much
expense through my official position in this Colony.

3. In those circumstances I must beg to appeal for relief to Her
Majesty's Government to the extent of assuming the loan to Governor
Stevens, as a public debt, and authorising me to draw upon the public
Treasury, on that account for the sum advanced to him, with interest at
6 per cent, from the date of Mr Stevens bonds. This would be a great
accommodation to me, while Her Majesty's Government, will not be exposed
to loss, as the payment of the bonds is certain, though deferred for the
time.

4. Trusting that you will take my request into favourable
consideration.



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FILE: 1856-10-31_Douglas_to_Labouchere_V56030.txt
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No. 30

1. I have the honor to acknowledge the receipt of your Despatch No
16 of the 23rd of August in reply to my commmunications No 12 and 14
of the 22nd May, and the 7th of June last, reporting my
proceedings in respect to carrying out the instructions contained in
your Despatch of the 28th of February 1856, for convoking a
Legislative Assembly in this Colony, and requesting advice and
instructions, from you on various subjects connected with that measure.

2. I have since in my several Despatches of the numbers and
dates mentioned in the margin,
*
reported to you the several steps taken towards carrying those
instructions into effect, and the formal opening of the House of
Assembly on the 12th day of August last, together with the objections
raised to the property qualification of certain members, who took their
seats on that occasion and the consequent difficulty experienced in
organizing the House.

3. After repeated adjournments the speaker with much tact and
address, finally succeeded, without my interference, in adjusting party
differences, and forming a committee, which immediately proceeded with
an inquiry into the qualifications of the Members elect, and declared
the return of Edward E Langford null and void, in consequence of his not
having sufficient property to constitute a legal qualification, and then
adjourned to the 24th day of October (present).

4. A fresh writ was in consequence issued, and Joseph William
McKay was returned without opposition as Member for the District of
Victoria in the place of Edward E Langford.

5. The House met on the 24th day of the present month (October)
and after some necessary arrangements adjourned to the 13th day of
November next, when they will be prepared for serious work.

6. Those delays have not been without their use, as the Members
have had time to prepare for the proper discharge of the public duties
they have to perform, and their minds have been dis-abused of many false
notions, which were commonly entertained here, concerning the powers and
jurisdiction of the House of Assembly, so that on the whole I do not
regret the time spent in constituting the House.

7. I observe with satisfaction that in abiding by the terms of my
Commission, in respect to the franchise I have acted in conformity with
the instructions, on that point, contained in your Despatch, and we
shall further carry out your instructions by bringing a measure before
the Assembly, when it is found desirable to extend the suffrage.



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FILE: 1856-10_Hudson's_Bay_Company_to_Merivale_Permanent_Under-Secretary_V565MI24.txt
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Memo, Hudson's Bay Company to Merivale

The Secretary of the Hudson's Bay Company begs to acknowledge
the receipt of Mr Merivale's letter of the 8th Instant, and to
acquaint him that the Bag for Governor Douglas, sent therewith, will be
forwarded to Vancouver's Island by the first opportunity. He thinks it
right, however, to mention that it is doubtful whether the Hudson's Bay
Company will dispatch a vessel to Vancouver's Island before the middle
of next year.

Hudson's Bay House

October 9. 1856.



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FILE: 1856-11-08_Phinn_to_Merivale_Permanent_Under-Secretary_V565AD06.txt
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Phinn to Merivale (Permanent Under-Secretary)

I am commanded by my Lords Commissioners of the Admiralty to
transmit to you, for the information of Mr Secretary Labouchere, a
copy of a letter from Rear Admiral Bruce, reporting the result of an
expedition against the Cowegin tribe of Indians at Vancouver.



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FILE: 1856-11-08_Shepherd_to_Labouchere_V565MI29.txt
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Shepherd to Labouchere

Herewith I have the honor to enclose for your information copy of a
letter lately received from Governor Douglas, dated Victoria, 22nd
August 1856, reporting an outrage committed by an Indian on Thomas Williams, a British subject, residing at Vancouvers Island, and the
Steps for arresting the offender proposed to be taken by Governor Douglas in conjunction with Admiral Bruce.



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FILE: 1856-11-10_Labouchere_to_Douglas_V567019.txt
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No. 19

I have to acknowledge the receipt of your Despatch No 19 of the
20th of August.

The Measures which you adopted for freeing the
Settlement from the Northern Indians appear to have been judicious, and
to have answered the object you had in view. I have read with
satisfaction the speech with which you opened the Session of the
Legislature on the 12th August. With respect to the difficulty you
experienced in constituting a Committee to inquire into the validity of
the disputed Elections, it is probable that that difficulty will have
been removed before the receipt of this despatch.

I shall therefore await your further report upon the subject.



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FILE: 1856-11-13_Labouchere_to_Douglas_V567020.txt
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No. 20

I have to acknowledge the receipt of your Despatches Nos 20 and
21 of the 22d of August and the 6th of September last, reporting
the capture and execution of an Indian found guilty of attempting the
life of a British Settler in the Cowegin Country.

In the present instance I have no hesitation in approving your
proceedings, which the peculiar and aggravated circumstances of the case
appear to have justified, but I would remind you that the extreme
measure of sending an Armed Force against the Indian Tribes must be
resorted to with great caution, and only in a case which urgently
demands the adoption of such a course.

With reference to what you say of the conduct of Commander Connolly,
I have to inform you that I have sent copies of your Despatches to the
Board of Admiralty.



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FILE: 1856-11-13_Shepherd_to_Labouchere_V565MI30.txt
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Shepherd to Labouchere

With reference to my letter of the 8th Instant, on the subject
of an attempt at murder by an Indian in Vancouver's Island, and the
steps adopted by Governor Douglas, in conjunction with Admiral Bruce, to
punish the culprit, I have now the honor to enclose for your information
an Extract of a letter from Governor Douglas, dated Victoria, Vancouvers Island, 6th September 1856, by which it appears that the expedition
had returned, after accomplishing their object without any casualty.



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FILE: 1856-11-26_Douglas_to_Labouchere_V56031.txt
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No. 31

1. I have, on the present occasion, to report for your information
that the United States Steam Ship "Massachusetts" under the command of
Captain Swartwout, commanding the United States naval Forces, in Puget's Sound, arrived yesterday at this Port, with 87 native Indian prisoners
on board, of whom about 45 were able bodied men, the rest being women
and children.

2. It appears from Captain Swartwout's statements that those
Indians have for some time past been plundering the inhabitants, and
spreading alarm among the United States Settlements in Puget's Sound;
that they, on one occasion, set the United States troops at defiance,
and finally when the "Massachusetts" was detached to compel their
departure from the Territory, they refused to remove their camp, beat
off the boats crews, and opened a fire of musketry upon the ship, which
was warmly returned from her batteries, with round shot and shell at the
distance of 600 yards.

3. After a desperate contest, with considerable loss of life on
both sides, their camp was taken and burnt, their canoes destroyed, and
the savages driven to the woods, when they agreed to surrender on
condition of being left in possession of their arms, and safely landed
on Vancouver's Island.

4. The object of Captain Swartwout's present visit, is to carry
out the terms of that capitulation, by landing his prisoners in this
Colony, and he sent an application to me for permission to do so.

5. That course appearing to me in every respect objectionable,
and, at the same time, contrary to the usage of civilized nations I
decidedly objected to their being landed in any part of this Colony, and
I was further confirmed in that resolve, by the fact, which I gathered
from the prisoners themselves, that they were natives of Russian
America, and not as Captain Swartwout reported to me, of the British
Territory on this coast.

6. Captain Swartwout appeared disappointed and irritated at my
decision, and somewhat inconsiderately held out a threat of landing his
prisoners, with or without my sanction, on some of the uninhabited
islets on our coast, but on being reminded that such a course, would be
a breach of international law, and immediately become the subject of
complaint to his Government, he apologized for the warmth into which he
had been inadvertently betrayed.

7. I then proceeded to open my views, on the subject of landing
criminals, without authority, on the coasts of other states, and
concluded by shewing that the Indian prisoners on board the
"Massachusetts", having been guilty of offences against the laws of the
United States, ought properly to be taken to Washington Territory and
there delivered over to the civil authorities, for trial, and to be
dealt with according to law; but, as I further observed, as I had no
wish to throw obstacles in his way I would not object to their being
convoyed to the distance of 100 miles north of our settlements, and
there discharged, provided however that they be found with canoes, and
food sufficient for the journey to their distant homes.

8. He preferred the latter course, especially as the prisoners
protested against being taken back to Washington Territory, as a breach
of the capitulation, and Captain Swartwout confesses that he could not
have induced them to surrender, after the battle, had it not been for
the promise given of landing them on Vancouver's Island.

9. He has purchased six large canoes at this place and proposes to
leave this afternoon, with the Indian prisoners on board, and I send an
officer with the "Massachusetts" to see that the Indians are fully equipped and provided for their journey according to that arrangement.

10. I have been thus particular, at the risk of being considered
tedious, in describing the substance of my communications to Captain Swartwout, on the subject of the disposal of Indian prisoners, in order
that you may be acquainted with my proceedings on that occasion, and
that you may otherwise direct me, if wrong.

11. Unless I receive your instructions to the contrary, I shall
continue to oppose the landing of any criminals whether natives of
British America or not, from the ships of other nations, on the coast of
Vancouver's Island, and I hope that Her Majesty's Government may approve
of my proceedings.



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FILE: 1856-11_Labouchere_to_Douglas_V567018A.txt
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[Memorandum]

Mr Labouchere presents his compliments to Governor Douglas and in
compliance with the request contained in his despatch No 18 of the 14
August begs to forward herewith copies of the Imperial Acts relating to
the county courts and also the copy of a work on the Practice of these
Courts.



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FILE: 1856-12-03_Shepherd_to_Labouchere_V565MI31.txt
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Shepherd to Labouchere

I have the honour to enclose a Copy of an application that has
lately been made to the Committee of the Hudson's Bay Company by a
Native of Germany with reference to Vancouver's Island.

So far as the Hudson's Bay Company is concerned, they would have
much pleasure in seeing a large number of industrious German Emigrants,
who are generally very good settlers, located in Vancouver's Island, but
it appears to the Committee that by the terms of the Grant of
Vancouver's Island, the Hudson's Bay Company is precluded from selling
land to other than British Subjects.

Under the circumstances, I beg respectfully to enquire

1st Whether, in the opinion of Her Majesty's Government, the
Hudson's Bay Company is Precluded from disposing of land in Vancouver's
Island to other than British Subjects, and

2nd Whether, supposing this to be the case, the Government is
prepared to modify the condition so as to allow a limited number of
German or other Foreigners, to acquire land in Vancouver's Island.



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FILE: 1856-12-05_Douglas_to_Labouchere_V56032.txt
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No. 32

1. Lieutenant Flemming of the United States Army arrived here this
day from Bellingham Bay, and having expressed a wish to see me, on
particular business, I granted him an interview.

2. He then explained that he had been specially despatched by
orders from Captain Pickett, the officer in command of the military
station now forming at Bellingham Bay, N. Latitude 48o, 40, to
communicate with me in respect to some American soldiers, who have
lately deserted from the detachment under his command, and taken refuge
in Vancouver's Island, and that his instructions from Captain Pickett
particularly enjoined him to enquire if Her Majesty's authorities would
cause those and any other deserters from the American Army to be
delivered up on his requisition, or would suffer them to be arrested
within this Colony, by the act of the military authorities of the United
States.

3. My answer to those proposals may be anticipated. I explained
to Lieut. Flemming that the steps proposed by him were decidedly
illegal, and that no arrest could be made within this Colony, except by
the regular course of Law.

4. I drew his attention to the tenth article of the Treaty between
Great Britain and the United States of August 9th 1842, wherein

It is agreed that the United States and Her Britannic Majesty,
shall upon mutual requisitions by their officers respectively made
deliver up to justice all persons, who being charged with the crime of
murder or assault with the intent to commit murder, or piracy or arson,
or robbery or forgery, or the utterance of forged paper, committed
within the jurisdiction of either, shall be found within the Territories
of the other; provided that this shall only be done, upon such evidence
of criminality, as according to the laws of the place, where the
fugitive or person so charged shall be found, would justify his
apprehension, and commitment for trial, if the crime had there been
committed.

5. I assured Lieut. Flemming that Her Majesty's authorities,
were, on all proper occasions prepared to carry out the provisions of
that Treaty to the letter; but that in the present instance the offense
with which the American soldiers are charged is not one within the terms
of the Treaty, the cases provided for being murder, assault with intent
to commit murder, arson, robbery, forgery, and the utterance of forged
paper, whereas the soldiers in question are simply charged with
desertion from the United States Army.

6. I concluded by declaring that under those circumstances, I
would not suffer them to be arrested in this Colony and our interview
then ended.

7. Trusting that my decision on that occasion may be found
correct, and meet with your approval.



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FILE: 1856-12-13_Labouchere_to_Douglas_V567021.txt
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No. 21

Adverting to your Despatch No 18 of the 14th August last, I
transmit to you a Box containing an official Seal for the Supreme Court
of Vancouver's Island with a hand Press and also a Seal for the Customs
Department of the Island.

The Cost of these Articles amounts to Eleven pounds sixteen
shillings, which you will at your early convenience remit to the Chief
Clerk of my office.

