No. 5

I have to acknowledge the receipt of your Despatches of the 29th
January, and 11th February last, reporting generally upon the state of
affairs in Queen Charlotte's Island consequent upon the recent discovery
of Gold in that quarter of the British Dominions.

I have first to signify to you my approval of the proceedings which
you adopted to obtain redress from the Cape Flattery Indians for the
atrocities committed on the Crew of the "Una" which was wrecked in
"Neah Bay" in December last, and my satisfaction at learning that the
dreadful punishment which you report to have been inflicted on the
Indians concerned in the plunder of the Vessel was not sanctioned by
any British Officer, but was carried into effect by order of the Chief
of the Tribe, before the arrival of the Ship despatched to demand
reparation.

2. I have to inform you that Her Majesty's Government having taken
into their serious consideration the measures, which the discovery of
Gold in Queen Charlotte's Island seems to require for the protection
of British rights, and the preservation of order, have determined on
furnishing you with a Commission (which is herewith sent) as Lieutenant
Governor of that Settlement. You will distinctly understand that Her
Majesty's Government have no intention to sanction by this Instrument
the impression that they have any design of colonizing the Country, or
placing any establishment in it. The Commission is issued solely to
meet the circumstances of the time. It conveys to you no power to make
Laws, or to constitute a regular Government, but it gives the party
bearing it a position of authority as representing Her Majesty's
Government in the district, which is both important and valuable.

3. It will be satisfactory to you to learn that Her Majesty's
Government have directed the Commander in Chief of Her Majesty's Naval
Forces on the West Coast of America to take immediate steps for the
protection of British Interests against the depredation of Indians, or
the unwarranted intrusion of Foreigner's on the territory of the Queen,
and I trust it may further be in the power of the Admiral to comply with
your application for a Steam Vessel. I transmit herewith for your
information and guidance the Copy of a Letter and its Enclosures, from
Lord Stanley, one of the under Secretaries of State for Foreign Affairs,
from which you will perceive that the Earl of Malmesbury has addressed a
communication to Her Majesty's Minister at Washington, which it is hoped,
will have the effect of inducing the Government of the United States to
exert themselves to prevent aggression by American Citizens on English
rights. It will of cours. devolve on you to punish, according to Law,
or forcibly to expel from Queen Charlotte's Island any foreigners who
may infringe British regulations or violate British Territory.

4. The property both in Land and Mines in Queen Charlottes
Island, being unquestionably the Crown's, the Crown can delegate to you
the power of granting Land, on issuing Licenses for procuring Gold.
But, it is not the intention of Her Majesty's Government that any such
grants conveying a permanent interest in land should be made for the
present; although you may permit parties to occupy defined portions of
the Soil if you find it advisable. It must be on the understanding
that no title is thereby acquired, until you have reported to me on the
state of things in the Island, and received further instructions; but
with respect to the issuing of licenses, your experience may perhaps not
be so extensive. I therefore send you copies of two papers [Marginal
note. February 1852. June 1853]
which have
been lately presented by command of Her Majesty to Parliament relating
to the recent discovery of Gold in Australia, from which you will
derive very valuable information as to the course of procedure adopted
by the respective Governors in that Country for granting Licenses to
persons to prosecute the search for Gold. You will find the principal
information on this subject at Pages 70 and 71 of the Parliamentary
Paper of February and at Pages, 20, 21, 54, 55 in that of June, and
will frame such Regulations as you may deem practicable and advisable
for granting Licenses for collecting gold upon the principle of those
which you will find from the correspondence have been granted to the
Australian Colonies. You will therefore understand, that your power
extends to granting licenses, on such terms and for such period as you
may think proper, to persons intending to search for Gold in the Island;
and that in cases of any violation of the right which such Licenses give,
or any unauthorized search taking place, you are to claim the support of Her Majesty's Officers who may be within reach, to enforce your
authority. At the same time these powers are entrusted to you, subject
to your own discretion as to the means of employing them, and if you
find that any better means of maintaining the Crown's authority over the
Mines, presents itself, you can provisionally adopt it subject to the
approval of Her Majesty's Government. You will take care to transmit to
me copies of the Regulations which you shall frame, and report to me
from time to time the progress of events arising out of this fresh
discovery of Gold in the Queen's Dominions; and you will keep the Sum
received on account of Licenses, which you may issue, separate and
distinct from any other Revenue that may be received in the Colony.

5. You have suggested in your Despatch of the 29th January that
it would be highly desirable to exclude the Vessels of Foreign Powers
from the Trade which is opening itself in Queen Charlotte's Island, so as
to confine it to National Vessels alone. On this proposal I have merely
to inform you that Her Majesty's Government would not be justified under
the existing state of the Law in resorting to any measure of this
description.

6. In conclusion I have to state that Her Majesty's Government
would have been glad to have furnished the Officer in command of the
Vessel or Vessels, which Admiral Moresby may have in his power to
detach to Queen Charlottes Island, with a Commission of the Peace. But, the difficulty is to know to whom such a Commission should be granted,
as it is impossible to foresee in this Country what Officer Admiral
Moresby may find it convenient to employ upon the service. It is clear
however that Queen Charlotte's Island being out of your Commission, you
do not possess the power of granting Commissions of the Peace in that
Settlement, though the Crown can do so, under the authority of the
Imperial Act 1 & 2 George 4th Cap 16, Sec. 10 notwithstanding the
concurrent power which is vested in the Governor General of British
North America. In consequence of the difficulty to which I have above
adverted, it is not, at all events at present, in my power to give you
positive instructions or information as to the issuing a Commission of
the Peace in Queen Charlotte's Island. But any Report from yourself
specifying persons to whom you think such a Commission should be given
(with a full description of their names so as to enable the Commission
to be properly drawn up) will receive immediate attention.