I have the honor to transmit herewith duplicate of my letter of
the 31st Octr.
There is nothing of importance to communicate respecting the
Colony since that date; the Native Tribes continue their friendly
intercourse with the Settlements, and in return they are protected in
their rights, and we endeavour by every possible means to conciliate
their good will, as it is a matter of vast importance to acquire their
confidence, and to lead them to appeal for redress in all cases of
wrongs to the law of the land, instead of having recourse to lawless
retaliation. ⎯
A difficulty of some weight has lately occurred to me, in the
settlement of disputes between the Colonists and Indians, which I will
take the liberty of briefly submitting to your Lordship; for unless
obviated in some way, it may prove dangerous to the peace of the Colony.
The question was forced upon my attention some days ago, on the
occasion of a complaint made by "Tenasman," chief of the Soke Tribe,
against Thomas Hall a white settler, who was charged with having
forcibly disposseddispossessed the Plaintiff of a double barrelled fowling piece, leaving the Plaintiff a much inferior Gun, in return.
The plaintiff had no evidence to support the charge except the
testimony of one of his own countrymen, who not being a Christian, could
not be duly sworn. ⎯ I nevertheless admitted the evidence of the
Plaintiff's wit-nesswitness, which however failed in proving the fact of force
being used by the defendant, in obtaining the Plaintiff's Gun; while it
was, on the contrary, proved by the defendant, that the exchange was
effected without force being used, and by the mutual consent of the
parties. ⎯ It appeared however that Plaintiffthat the Plaintiff on being, better
inform-edinformed as to the relative value of the two guns, wished to recover his
own. ⎯ The case was necessarily decided in favour ofof the defend-antdefendant, and
against the Plaintiff who nevertheless had evidently been duped in the
transaction, and I therefore prevailed upon the defendant, not by order
of Court, but as a matter of justice, to give the plaintiff some further compensation.
The question arising out of that simple case, on which I would
request your Lordship's instructions is this: How far the testimony of
Indians is to be admitted as evidence in the Law Courts of this Colony?
It is not in my opinion advisable to receive Indian testimony in
adjudging the disputes of white men; but in the case of disputes between
the white man and Indian I do not see how we can with justice reject the
only species of testimony the latter may have to offer, and when
offences against life or property are committed by Indians, the only
testimony against the offenders may be that of their own countrymen. On
that subject I would take the liberty of remarking to your Lordship, how
very important it is to the peace and security of the settlement that
instant attention should be paid to the complaints of Indians, and their
wrongs receive speedy redress as nothing will tend more to inspire
confidence in the governing power, and to teach them that justice may be
obtained by a less dangerous and more certain method than their own
hasty and precipitate acts of private revenge.
We have received advice from the Settlement at the north end of
the Island, up to the 10th Novr, when every thing was well and
quiet in that quarter. The Mining operations of the Hudson's Bay
Compy at Fort Rupert, are proceeding with great spirit, but I am
sorry to say, as yet without success, the bore having been carried to
the depth of 183 feet, without revealing a remunerative bed of Coal;
there is however every reason to hope that coal will eventually be found.
The Puget Sound Compy are making extensive improvements on
their Farms in the Victoria District, and several of the Hudson's Bay
Company's Officers; who have purchased tracts of land, are building
houses, and bringing the land gradually into cultivation. ⎯
Since I had last the honor of addressing your Lordship two
vessels from the American Ports in Puget Sound bound to Queen Charlottes Island have touched at this Port. They had collec--tivelycollectively about 64
passengers on board, who were going thither, for the purpose of digging
Gold. ⎯ It is also currently reported that several vessels filled with
passengers have sailed from the Columbia and California, for the same quarter. Their presence on the Coast will I fear, be productive of much
evil, and lead to serious difficulties with the Native Tribes. ⎯ It has
also occurred to me that those ad-=venturersadventurers may possibly attempt to
plun-derplunder the British Trading Posts, on the neighbouring Coast, and I will further submit for your Lordships consideration the probability of their
becoming formidable, from the mere force of numbers, and should Gold
prove abundant, putting Government to much future trouble and expense in
guarding national rights, unless measures are immediately taken to
restrain the subjects of the United States, and other foreign powers
from entering or forming settlements on that Island.
We have very lately received intelligence that the Hudson's Bay
Compys. Steam vessel "Beaver" and one of their Coasting Vessels are
detained at Nesqually by the Officers of the United States Customs upon frivolous pretences, a circumstance which has caused an intense
excitement among the people of this Colony, and I had some difficulty in
preventing a forcible demonstration on their part, for the rescue of the
vessels; which had been sent to Nesqually principally to bring down
Cattle, for the supply of the Colony.
The proceedings of the United States Officers are highly
injudicious, and a serious hindrance to trade. They however plead the
orders they have received, and are receiving by every mail, from
Washington, in justification of their proceedings. ⎯