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FILE: 1859-01-01_Douglas_to_Lytton_B59063PR.txt
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Private

I have duly received your private letter of the 29th
October 1858, mentioning the high opinion you had formed of
capabilities and professional skill of Mr Joseph Trutch, a gentleman who has been engaged in surveying in Oregon under
the Government of the United States, and to whom you have
granted an official letter of introduction to me.

I trust you will accept my very best thanks for thus
kindly bringing to my notice a person whom you judge may be
able to afford me useful assistance, and I should assure
you that when a suitable opportunity for employing him
offers, I shall not fail to remember the flattering
mention he has received from you.



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FILE: 1859-01-03_Lytton_to_Douglas_B597001.txt
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No. 1

With reference to my despatch No 49 of the 1st of December
I have to acquaint you that the Lords Commissoners of the Treasury have
authorized the Paymaster General to accept and pay a further Bill for
One hundred and eighty seven pounds fourteen shillings (£187.14.-)
drawn by Captn Parsons R.E. on account of the detachment of Royal
Engineers under his command.



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FILE: 1859-01-03_Romaine_to_Merivale_Permanent_Under-Secretary_B595AD01.txt
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Romaine to Merivale (Permanent Under-Secretary)

I am commanded by my Lords Commissioners of the
Admiralty to acquaint you, for the information of Secretary
Sir E. Bulwer Lytton, that Rear Admiral Baynes in a letter
dated 29th Oct. last, reports that the party of Royal
Engineers vizt one Officer and twenty Men, who
were ordered to be conveyed from Panama to Vancouver's
Island in one of HM Ships, had arrived at Esquimalt on
that day in the United States Mail Steamer.



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FILE: 1859-01-03_Romaine_to_Merivale_Permanent_Under-Secretary_B595AD02.txt
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Romaine to Merivale (Permanent Under-Secretary)

I am commanded by my Lords Commissioners of the
Admiralty to state for the information of Secretary Sir
E. Bulwer Lytton that a Despatch has been received from
Rear Admiral Baynes, dated the 20 Octr, No 133,
reporting his arrival in Esquimalt Harbour on board Her
Majesty's Ship Ganges on the 18th Octr, and his
having placed himself in communication with the Governor
of Vancouver's Island for the purpose of co-operating
with His Excellency agreeably to their Lordships commands.



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FILE: 1859-01-04_Romaine_to_Merivale_Permanent_Under-Secretary_B595AD03.txt
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Romaine to Merivale (Permanent Under-Secretary)

I am commanded by my Lords Commissioners of the
Admiralty to send you herewith for the information of
Her Majesty's Secretary of State for the Colonies an
extract of a letter from Rear Adml Baynes, dated
29th Oct. No. 141, shewing the state of affairs in British Columbia.



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FILE: 1859-01-05_Douglas_to_Lytton_B59064.txt
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No. 64

I beg to enclose for the information of Her Majesty's
Government copy of an important communication worthy of
confidence though the writers name is, for obvious reasons, with held.

The communication refers to Mr Nugent late Special
Agent for the United States at this place and points out
the particular designs which the writer discovered he had in view.

I forward this document rather as an illustration of
the ideas floating in the mind of the simple American,
who talks with confidence of the realization of such
visions than with the view of creating alarm.

Mr Nugent would no doubt have protected to the best
of his ability the interests of his country and countrymen
in British Columbia and he might have succeeded in exercising
a pernicious influence over the latter, and have excited a
spirit of disatisfaction with the established regulations
of the country; but I conceive that nothing more serious
could have occurred; as there are resources at our disposal,
sufficient to meet any emergency that may have arisen;
and I feel satisfied that as long as we hold, with a firm
hand, and superior force, the avenues to British Columbia,
no other power can wrest it from our grasp.



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FILE: 1859-01-05_Douglas_to_Lytton_B59067.txt
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No. 67

I have the honor to communicate for your information the safe
arrival at this place of Lieutenant Governor Moody, Captain Gosset,
Treasurer, and Mr Cooper Harbour Master of Esquimalt, and that the
two
former officials were yesterday publicly installed after taking the oaths
of office, and they will immediately commence their official duties.

2. I enclose for your information a copy of the Proclamation
giving publicity to the appointment and installation of Colonel Moody.



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FILE: 1859-01-05_Douglas_to_Lytton_B59093.txt
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No. 93

With reference to my Despatch No. 92 of the 4th Instant
upon the subject of the Site chosen for the seat of Government
of British Columbia, I have the honor to state to you that deeply
appreciating the kind and gratifying interest which Her Most
Gracious Majesty has been pleased to manifest towards the
development and prosperity of the Colony of British Columbia, we
are earnestly desirous that Her Majesty should vouchsafe one further
proof of Her continued regard by signifying Her will as to the
Name to be given to the future Capital.

2. Her own Royal Name having already been bestowed upon
the Seat of Government of Vancouver's Island cannot also be
assigned to that of British Columbia, but until Her Majesty's
Commands can be communicated, it has been determined, for the
necessary sake of convenience, to distinquish the Town by the
name of "Queensborough"; and it would be received and esteemed as
an especial mark of Royal favor were Her Majesty to name the
Capital of British Columbia; either, indirectly, after His Royal
Highness the Prince Consort, His Royal Highness the Prince of Wales,
or some Member of the Royal Family, so that the Colonists of
British Columbia, separated from friends and kindred in this their
far distant home, may be ever gratefully reminded in the designation
of their Capital of the Power that protects their hearths, of the
watchful interest that guards their liberties, and of the gentle
sway by which they are governed.



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FILE: 1859-01-05_Murdoch_to_Merivale_Permanent_Under-Secretary_B595LN01.txt
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Murdoch to Merivale (Permanent Under-Secretary)

I have to acknowledge Mr Elliot's letter of 21st
ultimo, enclosing two despatches from the Governor of British
Columbia, the first accompanied by two Proclamations and
a Notice which he had recently issued, and requesting to be
furnished with a Form of Land Grants, the second submitting
for approval a Form of Grant for Town Lots.

2. The proclamations and Notice enclosed in the first
Despatch prohibit the introduction of Spirituous Liquors
among the Natives, announce the approaching sale of Town
Lots at Fort Langley, and caution purchasers against
fraudulent sales of Crown Lands by unauthorized persons.
To these there can evidently be no objection. In regard
to the form of Grant sent home by Governor Douglas, I may
point out that it runs in the name of the Governor himself instead
of in the name of the Queen, as is usual in all
grants made in virtue of powers delegated by Her Majesty,
and that the condition at the end of it, that the Lands
shall be subject to all Laws and sanitary regulations now
in force, is superfluous and calculated to raise a doubt
on that point rather than to settle it. All grants must
be accepted liable to such laws & regulations as exist
at the time or may subsequently be made by competent
authority, and it is scarcely possible to imagine a case
in which it would be desirable to enforce that liability
as a Contract between the Crown and its Grantee rather
than as a legal obligation on the Landowner.

3. I enclose the Form of a Grant which appears
sufficient for all purposes. All reservations of Timber
Minerals &c are omitted in conformity with the policy
which has been established in other Colonies of late years.
I have pointed out, however, in another report of this date,
that this omission will not entitle a grantee to appropriate
Gold or Silver which may be found on his Grant, although it
will entitle him to the baser metals and Coal.

4. I have adopted in this form the new Title of Her
Majesty published in the recent Indian Proclamation, which
was announced as having been approved by the "Queen in Council."
I am not, however, aware whether it is intended to adopt this
form of Title in all future documents running in Her
Majesty's name, or whether it was to be used only on the
special occasion of the Proclamation to India.



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FILE: 1859-01-05_Murdoch_to_Merivale_Permanent_Under-Secretary_B595LN02.txt
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Murdoch to Merivale (Permanent Under-Secretary)

I have to acknowledge Mr Elliot's letter of
21st ultimo, enclosing a Despatch from Governor Douglas
on the subject of the disposal of Crown Land in Van Couvers
Island and British Columbia.

2. On the 14th August last Sir E. Bulwer Lytton
directed Governor Douglas to report his views as to the
future disposal of Land in British Columbia, authorizing
him in the meantime to sell land for agricultural purposes
at the price which might appear to him reasonable but
recommending that Town land should not be sold at too low
a sum. Sir E. Bulwer Lytton also directed him to keep
a separate account of the Revenue arising from sales of Land
and to apply it for the present to purposes of survey and
communication, to facilitate the naturalization of Foreigners,
and especially to avoid any appearance of favoritism towards
the servants of the Hudsons Bay Company.

3. Governor Douglas' despatch of 27th October
No. 7 is the answer to these instructions. It is accompanied
by a Report from Mr Pemberton the colonial Surveyor of
VanCouvers Island explaining the course which has been
adopted in that Island and suggesting the arrangements to
be made in British Columbia. Mr Pemberton states that
in Vancouvers Island lands have been divided into

1. Country Lands

2. Mineral

3. Town

4. Suburban

That Country Lands are sold at £1 per acre, formerly in
lots of 20 acres and upwards but now not in lots of less
than 100 acres, that the purchase money is paid by
instalments, that for unsurveyed Lands applicants are
allowed to pay a deposit and obtain priority of choice
according to the date of their deposits, that Lands
containing Coal were sold without any deduction for
unavailable land, and that reserves are made for main lines
of Roads but for no other. For the disposal of Land in
British Columbia Mr Pemberton proposes that the 49th
parallel of latitude should be taken as the base of a
series of sections of a square mile each, that each square
Mile should be divided into 6 or 8 Lots (i.e. 80 or 107 acres,)
that Mineral Lands should be reserved, that Town and Suburban
lands should be sold unconditionally, that all lands should
be sold at an upset price, and where competition exists by
Auction, that Trigonometrical Surveys should not in the
first instance be required, and that duly qualified
Assistant Surveyors should be sent from England. Mr
Pemberton further suggests that the system of payment by
instalments which exists in VanCouvers Island should not
be introduced into British Columbia, but from this Governor
Douglas dissents. He also proposes that the Law Officers
should be entrusted with the necessary means of making
meteorological observations, and that steps should be
taken for publishing Maps and general information for the
use of intending Emigrants.

4. In respect to the sale of Land it appears to me
that the regulations adopted in Vancouvers Island might, with
some slight modifications, be introduced into British
Columbia. As regards the time of commencing a trigonometrical
survey and the mode in which lots should be divided off, those
questions may be safely left to be decided by Colonel Moody
who since this Despatch was written has proceeded to the
Colony as Surveyor General. As the commencement of the
Trigonometrical Survey is only a question of time, it will
be for him to decide whether the means at his command will allow
of its being undertaken at once without inconveniently
retarding the opening of Lands for Sale.

5. In respect to the mode of Sale I understand Mr
Pemberton to state that in Van Couvers Island Country Lands
have hitherto been sold at a fixed price (he does not mention
Town or Suburban Lands) but to recommend that all Lands in
British Columbia should be sold by Auction "if competition
exists." The question of selling Land by auction or by
fixed price has been much debated of late years and the
preference has been differently accorded in different Colonies.
The advantage of Sale by Auction is that it takes the best
precaution that can be taken against the sale of Land at an
inadequate price and that it prevents all jobbing and the
suspicion or imputation of it. The objections to it are
that it discourages enterprize in the exploration of a new
Country by exposing the discoverer of an eligible lot to be
outbid at the sale, and that in the case of fresh Land, it
involves a delay in putting the purchaser on his purchase.

6. It cannot be denied that these objections are
entitled to much insight. But they do not apply, or in a very
minor degree, to Town and Suburban allotments, the situation
of which must be decided by the Government, not by an
individual. I would, therefore, recommend that whatever
decision we come to in regard to Country Lands, the sale of
Town and Suburban Lands should be exclusively by Auction
at an upset price. The size of Town Lots should not
exceed half an Acre, nor of Suburban Lots 50 acres. The
size of Country Lots must depend on local circumstances,
but probably the size of 100 Acres adopted in VanCouvers
Island, or the 6th of a square Mile suggested by
Mr Pemberton, will be well suited to British Columbia.

7. In respect to the mode of payment Mr Pemberton,
as I have stated, recommends that payment by instalments
should not be allowed, while Governor Douglas takes the
opposite view. The Governor alleges that the system of
paying by instalments has been a benefit and relief to
poor settlers in VanCouvers Island, and he proposes,
therefore, to introduce it in British Columbia for sales
of Country Lands above 50 Acres. On the other hand it
cannot be denied that the "benefit and relief" to which the
Governor alludes has in fact the effect of converting
into Landowners those who ought properly to be laborers,
that it tempts persons of little capital to buy more land
than they can cultivate, and that it is next to impossible
to recover the unpaid instalments from a dishonest or
insolvent owner, and equally impossible to eject him from
the Land. The difficulty of ejectment would be especially
great in British Columbia where a large portion of the
population would have been accustomed to the squatting
rights of the United States and the encouragement they
give to the irregular occupation of Land. I have no
hesitation, therefore, in expressing my opinion that
prompt payment is better in all cases, and especially in
British Columbia, than payment by instalments. But it
must be added that payment by instalments has never
been reestablished in some Colonies, especially in Canada,
by the Colonial Governments, and that the point cannot,
therefore, be regarded as free from question. In Australia
and New Zealand the system of prompt payment has as a general
rule been maintained.

8. The reservation of Mineral Lands and the disposal
of them on different terms from Agricultural lands is of
course proper. In respect to Coal and the baser Metals
the best arrangement would probably be to establish liberal
regulations for encouraging explorations and for leasing
to the discoverer lands under which minerals may be
discovered for a certain period and at a certain small
royalty. In several Colonies the terms for Mineral lands
are a lease of 21 years at a Royalty of 1/15th. Whether
those terms would be sufficiently favorable in British
Columbia, or whether it would be desirable to make them
easier by postponing the payment or reducing the amount
of the Royalty, Governor Douglas would be best able to
decide. I mention them only as showing what has been
considered fair to all parties in other of the British
Colonies. But it is obvious that the revenue to be
derived from such Lands is the least important element of
the question and that it should not be allowed to interfere
with whatever maybe necessary to stimulate the development
of the natural resources of the colony. In case of more
than one application for the same Mineral Land the lease
should be put up to Auction, the bidding being, not on the
amount of rent or royalty, but on a premium to be paid
down for the lease.

9. Auriferous Lands are distinct from what are usually
termed Mineral Lands and must be dealt with on different
principles. In the case of Coal and the baser Metals the
possession passes to the owner of the surface soil unless a
special reservation is inserted in the Crown Grant. In the
case of Gold and Silver the right remains in the Crown whether
there is any reservation in the grant or not. I do not
think that much assistance could be afforded to Governor
Douglas in this matter by any suggestions from home. The
question to be decided is not so much what is the best mode
of dealing with auriferous Lands and securing a revenue
from Gold digging, but what is the most practicable and
satisfactory plan having regard to the means at the Governor's
disposal. Upon this point the Local Authorities alone can
form a competent opinion. Up to the present time Governor
Douglas appears to have found no difficulty in carrying out
a system of Licenses, and as long as he can continue that
system it offers great facilities for the collection of a
Revenue. The experience of Victoria, however, suggests a
doubt whether that system can be permanently established.

10. The publication of Maps and of other information
concerning the lands open for settlement will be very
useful, and Governor Douglas will no doubt furnish the Home
Government with copies of all such documents. The
establishment of a series of Meteorological observations will
be much facilitated by the presence in the Colony of a body
of educated Officers and men, to many of whom, probably, such
observations are familiar. Perhaps Sir E. Bulwer Lytton may
think it right to communicate to the Admiralty Governor
Douglas' intentions in this respect, in case the Lords
Commissioners should wish to make any suggestions for his
guidance in the matter.



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FILE: 1859-01-06_Douglas_to_Lytton_B59065.txt
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No. 65

I have the honor of transmitting here with a copy of
a General Order of Court, issued by Mr Justice Begbie
dated 27th December last, with copies of two letters,
explanatory of his reasons for admitting as a temporary
arrangement, Members of the American Bar to plead in the
Courts of British Columbia.

In the absence of Members of the English Bar to take
out the proper writs, and to conduct cases, there would
otherwise be no one to point out to defendants the most
efficacious mode of defence, a duty which the Judge would
be called on to perform, and therefore to act both as
adviser and Judge.

He despaired under those circumstances of giving
satisfaction to the suitors, and of maintaining the
desirable high character of a British Court of Law.

For those reasons I yielded to his wishes, and
agreed that the concession in favor of American Lawyers
should remain in force, for six months, but not longer,
unless there be a positive necessity from the absence of English
practitioners, of again resorting, for a time, to a like expedient.



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FILE: 1859-01-06_Douglas_to_Lytton_B59066.txt
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No. 66

Finding from the great pressure of Public Business
that the services of an officer to fill the position of
Colonial Secretary were most essential, and that the
Queen's Service was delayed for want thereof, I have
the honor to aquaint you that I made application to
Captain Prevost Commanding the Satellite, and Her
Majesty's Boundary Commissioner, for the services of Mr
William A.G. Young, Secretary to the Commission whom
I recommended to you for the appointment of Colonial
Secretary in my Despatch of the [19 June 1858].

2. Captain Prevost has placed the Services of Mr Young at my disposal, subject to any calls he may have
to make upon him for the Boundary Commission, and
therefore until I can attain an answer to my before mentioned
Despatch, I have conferred upon Mr Young a temporary
appointment as Colonial Secretary.

3. I trust you may be pleased to approve of this
arrangement, as the services of the Colonial Secretary
were indispensable, and I could not meet the urgency
of the case in any better manner.



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FILE: 1859-01-06_Lytton_to_Douglas_B597002.txt
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No. 2

The Queen having been pleased to institute a Court of Vice
Admiralty for the Colony of British Columbia, I transmit to you
herewith
Her Majesty's Commission as Vice Admiral of the Colony.

I also transmit to you Her Majesty's Commission to Mr Matthew
Baillie Begbie as Judge of that Court.

The fees demanded by the High Court of Admiralty upon this last
Commission amount to Seven pounds eight shillings and four pence: and
you will require payment thereof from Mr Begbie and remit the
amount to this office.



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FILE: 1859-01-06_Lytton_to_Douglas_B597003.txt
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No. 3

With reference to my Despatch No 58 of the 24th December
transmitting to you instructions for the guidance of the Treasurer of
British Columbia, I enclose the Copy of a Letter from the Commissioners
of Audit with the forms therein referred to, and I request that you will
instruct Captain Gosset to adopt these forms as soon as the Financial
arrangements of the Colony may admit.



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FILE: 1859-01-07_Douglas_to_Lytton_B59069.txt
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No. 69

I have the honor to forward to you herewith copy of a
letter addressed to me by the Reverend W.B. Crickmer,
enclosing his License from the Bishop of London to fulfil
the office of Chaplain to the British Residents in British Columbia.

2. I also forward a copy of my reply, from which you
will perceive that I propose to put him in possession
of the Parsonage and Church it is contemplated to build
at Fort Langley as soon as circumstances may permit, and I
have further offered him, for the present, any assistance
in my power; but as I have no official intimation of the
appointment of Mr Crickmer, and no instructions respecting
him, I have to solicit your directions concerning him at
your earliest convenience.



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FILE: 1859-01-07_Lytton_to_Douglas_B597004.txt
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No. 4

I transmit to you herewith the copy of a letter which I have received from the Board of Trade submitting for my opinion a representation made by the English Merchants in the Sandwich Islands of the importance to the interests of British Commerce of declaring Victoria in Van Couver's Island a free port.

I shall be glad if you will give the subject your consideration and
favor me with your opinion as to the feasibility and expediency of
carrying out this suggestion.



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FILE: 1859-01-07_Lytton_to_Douglas_V597004.txt
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No. 4

I transmit to you herewith the copy of a letter which I have
received from the Board of Trade submitting for my opinion a
representation made by the English Merchants in the Sandwich Islands of
the importance to the interests of British Commerce of declaring
Victoria in Vancouvers Island a free port.

I shall be glad if you will give the subject your consideration and
favor me with your opinion as to the feasibility and expediency of
carrying out this suggestion.



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FILE: 1859-01-08_Douglas_to_Lytton_B59068.txt
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No. 68

1. Intelligence arrived here last night from Mr
Justice Whannell of Fort Yale, reporting that he had met
with serious opposition in the discharge of his official
duties from a party of gamblers and refugees from justice,
who have collected about Hill's Bar and Fort Yale.

The particulars of the outrage are detailed in Mr
Justice Whannell's letter, written under great excitement,
yet correctly portraying the men we have to deal with.

2. They are reckless desperadoes requiring the strong
arm to curb them; hitherto they have been very guarded in
their conduct, and the present difficulty would not have
occurred, but for the attempt made to suppress gambling at
Fort Yale—in consequence of the atrocious murder which
Justice Whannell mentions in his letter—as having been
lately committed in one of those unhallowed resorts.

3. Mr Hicks who is weak rather than corrupt was removed
from office some time ago and Justice Perrier who appears to
have acted in the arrest of his Brother Magistrate, either
under the influence of fear or fraud, will also be struck off
the list of officers.

4. No time will be lost in dealing with this case;
Lieutenant Governor Moody—who left this place some days ago
on a visit to Fort Langley—will as he states, in a letter
which I have this hour received from him, at once proceed
with a force of 25 Engineers under Captain Grant's command
to Fort Yale, accompanied by Judge Begbie.

This admirable promptitude on the part of Colonel Moody
will be attended with the happiest effects—and I shall
immediately despatch a force of 25 marines and a body of
police under Mr Brew's command to re-inforce Colonel Moody's party.

5. The case will be thoroughly investigated and the
decision of the Law courts will be carried out to the letter.

6. Justice Whannell was not properly supported by
the Fort Yale Police who fell away at the first appearance
of danger; a fact showing that we cannot rely on a force
raised from the mining population.

I therefore would strongly urge that 150 instead of 60
men as recommended in my Despatch No 56 of the 27th of
December, of the Irish constabulary force fully armed and
equipped, should be shipped without delay for British Columbia.

7. Four numbers of the "Victoria Gazette"

*

are forwarded herewith for your information.

**

I write in haste to save the mail.



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FILE: 1859-01-10_Allen_to_Lytton_V596A01.txt
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Allen to Lytton

Herewith I beg to enclose you a document in the shape of a memorial
or application on behalf of a Mr William Burlington Smith who is
anxious it seems to get some appointment under Government in
Vancouver's Island. I know nothing of Mr Smith, but I can vouch for
the respectability of all the parties who have signed the document
which is a curious one.
*

I have to apologize for thus intruding myself on you, but being an
Honorary Agent for Messrs Miles and Knatchbull in this neighbourhood
I could not refuse inclosing the document to you without giving
offence and to a certain degree injuring my influence with some of
their friends.



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FILE: 1859-01-10_Douglas_to_Lytton_B59070.txt
================================================================================

No. 70

I have the honor to acknowledge receipt of your Despatches
of the dates and numbers as described on the other side hereof.
*



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FILE: 1859-01-10_Falk_to_Carnarvon_Parliamentary_Under-Secretary_B596F01.txt
================================================================================

Falk to Carnarvon (Parliamentary Under-Secretary)

I had in due course the honor of an reply to mine of the 20
September upon British Columbian matters. My Brig "Rapid" Thomas
Jones Mr left this already last Month for Victoria Vancouvers
Island and I propose to follow her myself next Month via N York and
St Louis over Land so as to meet her there end of April, my object
being to dispatch the Vessel from Columbia, with Deals, Spars &c the
produce of Columbia to the ports of Japan and Northern China which
will be open to British Trade early next Summer, and to bring back
Chinese Emigrants and in fact make the beginning of a regular direct
trade between Columbia, and the Chinese-Japanese Coasts.

It will under such circumstances be of importance to me and also
forward the Interests of the Trading community if I have when out in
Columbia in May next the good-will of the British Authorities at
Victoria V.I. and I hope it is not taking too great a liberty, if I
ask the Colonial Office to give me a few Lines to Governor Douglas to
forward my Views in the above Matters.

Waiting the favor of a reply,



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FILE: 1859-01-12_Berens_to_Lytton_B595MI01.txt
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Berens to Lytton

I have the honour to acknowledge the receipt of the Earl
of Carnarvon's letter of the 7th Instant in which he announces
first that Her Majesty's Government must insist on the strict
fulfilment of the condition upon which Governor Douglas was
appointed to the Government of Vancouver's Island, and British
Columbia, namely, his entire separation from the Hudson's Bay
Company and the abandonment of all contingent share in its profits
or retiring annuity dependant thereon; and secondly that while
you do not think Governor Douglas entitled to any separate allowance
as Governor of Queen Charlotte's Island, yet, if he has incurred
any actual expense in that capacity there would be no objection
to having his statement of those expenses entertained with a view
to reimbursement.

In reply, I have the honour to acquaint you that no time will
be lost in transmitting to Mr Douglas a copy of Lord
Carnarvon's letter in order that he may at once be made aware of the
determination of Her Majesty's Government on both those questions.

As regards Mr Douglas's retired interest in the Fur Trade,
I have only to observe that although the Directors of this Company
do not feel justified in the present state of affairs in exercising
their right of pre-emption, they trust he may be enabled to find
some other means of disposing of his remaining interest in the Company.



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FILE: 1859-01-12_Berens_to_Lytton_B595MI02_B.txt
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Berens to Lytton

I have the honor to acknowledge the receipt of the Earl of Carnarvon’s letter of the 21st instant, transmitting by your directions a copy of a despatch addressed by Lord Napier to the Earl of Malmesbury and dated the 20th December, in which he reports a conversation he had had with General Cass relative to the state of ammunition by the Agents of the Company to the Indian Tribes at war with the United States.

While conveying to you the thanks of myself and the Committee for this communication I take the opportunity of requesting your attention to one or two statements in Lord Napier’s letter which are felt to convey an imputation on the conduct of the Officers of the Company which it is believed they have not merited. His Lordship in the course of his observations on the purchase of “Animals and other property from the Savages” assumes not only that the property in question was stolen but that the Hudson’s Bay Officers “bought it with a full knowledge that it had been stolen.”

Now, not only is there no proof beyond the bare assertion of the American authorities that the “Animals and property” in question were stolen at all, but there is strong reason to believe the contrary. Mr. Blenkinsop, the Officer in charge of the Company’s post at Fort Colvile in a letter on the subject, an extract of which I had the honour of transmitting to you on the 15th December last says:

“The mules alluded to by Mr. Owens were said to have been in the hands of the Indians previous to the late outbreak. We are not in the habit of trading property supposed to be stolen either from American Citizens or their Government. If these mules, six in number, can be identified as the property of the latter they will be held in readiness to be delivered over when called for. For my own part I have great doubts on the point, as it is a well known fact that a great many mules were in the possession of the Indians before the commencement of the present War.”

From this it is evident hot only that Mr. Blenkinsop has reason to believe that the animals in question were not stolen but that he has pursued the very course suggested by Lord Napier as the most dignified which could be adopted on the part of the Hudson’s Bay Company, for he has offered to restore the animals in question to “to the United States Army without any demand for remuneration.”

With respect to the charge brought against the Company’s Officers of having sold Ammunition to the Indians who are in hostility with the United States, there is strong reason to believe that it is equally problematical, as I find by Mr. Blenkinsop’s letter already quoted that “since the attack on Col. Steptoe in May last we (the Company’s Officers) have disposed of, to friendly Indians only, a very small quantity of powder, which I am convinced they would have used, if necessary, in the defence of the Settlers themselves, but not a single ball has been given or sold to any Indians whatever during the last five months.” And Mr. Ogden, another of the Company’s officers, in a letter of the 1st September says that “the Spokan and Cour-de-Alene Indians or a great number of them passed through the Flat Head Country (a portion of the United States) last Fall on their way to Fort Benson, where they remained all winter, and came back this Spring with a large quantity of ammunition.”

From this it would appear that the Indians were supplied with ammunition, not by the Company’s Officers, but by the Americans themselves.



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Berens to Lytton

With reference to my letter of the 2nd Instant, I have now the honor to inform you that I have this day laid before the Board of Directors of the Hudson’s Bay Company the letter addressed to me by Lord Carnarvon on the 28th ulto: His Lordship by your directions therein informs me that Her Majesty’s Government “are not prepared to grant to the Company a renewal of the License under the Act of 172nd Geo: 4th Cass:66 but regard being had to the expiration of the present license in May next and the injury to the public interests in the regions comprised in the License which might in the present state of things arise from its termination at that date, Her Majesty’s Government are willing to grant to the Hudson’s Bay Company a fresh License for one year to commence from the expiry of the present license.”

The Board direct me respectfully to decline that offer. The acceptance on their part of the License for any period of shorter duration than that which has been usually granted since the passing of the Act above mentioned would, in their opinion, only further increase the inconvenience resulting from the state of suspense in which the question has been kept for the last two years. So far from strengthening it would paralyze their authority even within their own territory, from the impression it would create of the approaching termination of that authority. They do not require and never have applied for the license for the purposes of their Trade. The Act passed at their suggestion in 1821 was intended for the preservation and maintenance of Peace and order in the whole of the Indian Territories. These had been grievously compromised by conflicts of the servants of rival Traders whose interests were about that time united. No means are provided in the Act for the enforcement of its provisions so as to give additional protection to the Trade. The intelligence of the renewal of the License for a year would not even reach a large portion of the posts of the Company before that period had expired.

The Board beg respectfully again to bring under your review, the whole of the correspondence and proceedings which have had reference to this subject since their first application dated December 22nd 1856 for a renewal of the License.

In consequence of that application and of the approaching period of the expiration of the existing License, the late Secretary of State for the Colonies, Mr. Labouchere, referred the matter to the consideration of a Committee of the House of Commons. Much evidence was taken before that Committee. The Board, through the medium of their late Chairman, Mr. Shepherd, communicated fully their opinions and intentions with respect to the past and future interests of the Hudson’s Bay Company in a letter to Mr. Labouchere dated the 18th July 1857 which was laid before that Committee. For fear that that letter may have escaped your recollection they think it essential, at this moment, to transmit a copy of it for your information. No change has taken place in the situation of the Company nor in any circumstances connected with their affairs to induce the Directors to change, in any respect the course which they then announced to Her Majesty’s Government it was their intention to pursue. Nor have they at any time, in any subsequent communication departed or intended in any respect to depart from the principles on which they then intended, and still intend to act.

The Board were then as much aware as they are now of the unpopularity attaching to the existence of the monopoly. That consideration made it more essential that they should weigh with the greatest caution every step in their proceedings which might entail further personal responsibility upon them. No monopoly can be upheld on any ground short of a conviction of its necessity as the best, if not the only means of accomplishing some exceptional object. The Board have therefore entreated that the Government might, in the first instance decide the question of the maintenance or abolition of the monopoly, either for the present or for any future purposes, for which it may be required. If better means can be devised for maintaining order and peace in the Indian Country and for the protection of the Indian Tribes from the evils which have hitherto been found inseparable from competition in the Trade, as well as for the Colonization and Agricultural Improvement of the Territory, the question of the abolition of the Hudson’s Bay Company should only be one of just indemnity to the Shareholders for their legal rights and interests.

If on the other hand it should be found impossible to devise better means for the Government of the Country, the hands of the Directors should be strengthened to enable them to fulfil the public purposes for which their services have been considered efficient and satisfactory for the last 40 years. Any diminution of the confidence and support they have hitherto received from the Government, or even any appearance of it would weaken their power both with Indians and Settlers in the Country. The above course would not be inconsistent with any extension of Colonisation or Settlement which either Her Majesty’s Government of the Government of Canada can have in view in that part of Her Majesty’s dominions now possessed or occupied by the Company, or with the accomplishment of all the objects recommended in the Report of the Committee of the House of Commons.

The Board lamented to see and have hitherto abstained from adverting to some expressions in your letter of the 3rd November last imputing to them unreasonable conduct in not accepting some terms of compromise which it is alleged had been offered to them. In that letter it is stated “that you entertain an anxious desire to come to some equitable and conciliatory arrangement by which all equitable claims of the Hudson’s Bay Company should be fairly considered in reference to the privileges they may be required to surrender.”

Only two propositions have been made to the Board. The first in a letter from Mr. Merivale, under date the 20th January 1858, by which it was proposed to refer the question of the Company’s boundaries to the Judicial Committee of the Privy Council, but distinctly stating that Her Majesty’s Government on public grounds did not consider themselves authorized to raise the question on the validity of the Charter itself, and that if any parties in Canada proposed to take measures for that purpose, Her Majesty’s Government must leave them to take that course on their own responsibility. To that proposition the Board gave their unhesitating consent. The other proposition to this Company, which was conveyed by your letter of the 3rd September 1858 and subsequently by that of the 3rd November following, was to the effect that this Company should voluntarily concur in some enquiry, having for its object to raise the question of the validity of their Charter, and should give facilities for that purpose; thus altogether repudiating the proposition previously received from Her Majesty’s Government, and seeking to do the very thing to which, on public grounds, the Government had previously declined to be a party. This latter proposition therefore, the directors could not, in justice to their constituents, for one moment entertain and they confidently appeal to all their previous communications with her Majesty’s Government as justifying that refusal.

Both the present Directors and their predecessors in the management of the affairs of the Company have been advised by Lawyers of the first eminence and authority that the grant of their land and territories by the Crown was indisputable and inviolable. As Trustees they should feel as little justified in consenting to a reference of the proprietary rights of their Shareholders as in gratuitously disposing of their property. The conviction of the Directors of the firm position on which they stand has not been shaken by the opinions of the late Attorney and solicitors General laid before the Committee. The Board have heard of no other propositions and certainly of no “conciliatory arrangement by which the equitable claims of the Hudson’s Bay Company may be fairly considered in reference to the privileges they may be required to surrender.”

But the Hudson’s Bay Company have invariably expressed their readiness to comply with the conditions on which the Committee of the House of Commons recommended the renewal of the License. They are most willing to cede immediately or gradually, as they may be wanted for the purpose of actual Settlement portions of their territories on the Red River or Saskatchewan, which may be available for cultivation and Settlement on “equitable principles.” They are ready to leave those principles to the decision of Commissioners to be indifferently appointed. They are willing, if it is considered desirable, to remain in temporary possession of those parts of the Territories until adequate arrangements shall be made for their Settlement and administration by some toner authority, and to concede in the mean time lands to Settlers on such terms as may be recommended by Her Majesty’s Secretary of State, and in any other way to assist Her Majesty’s Government in such ulterior views as they may entertain whether for the purpose of establishing those territories as an independent Colony or of placing them under the Government of Canada.

The Hudson’s Bay Company have done what was in their power to promote Settlement in such parts of their land as appeared to them most suitable for agricultural improvement. They have been careful at the same time not to involve the Capital of the Shareholders in hopeless speculations of this description. Their principal object has certainly been the Fair Trade of the Country. They made a grant to Lord Selkirk, who established the Agricultural Settlement of the Red River, and made arrangements with the Puget Sound Company for the same purpose on the Territories beyond the Rocky Mountains.

When the disorders and troubles broke out in the Red River Country, which led to the union of the North West, and Hudson’s Bay Companies, and to the passing of the Act under which the License of Trade was granted it was thought better to put an end to separate interests so that the administration both of Colony and trade might be conducted under one authority. The Hudson’s Bay Company then re-purchased the Red River Settlement, and have since endeavoured to encourage and protect Settlers in it. But owing to the circumstances of the Country, the inclemency of the Climate, the remoteness of Markets and the difficulty of communication, they acknowledge that their efforts have been attended with but little success.

After the notice given to them in your letter of the 3rd November of the intention wholly to withdraw the license the Board had taken measures to adapt the administration of their affairs to the altered circumstances in which they would then be placed. They had decided to diminish their establishments in Canada, and to bring their expenditure within the strict limits required by their trade. Further arrangements of this description will become necessary if the Colony on the Red River is no longer to be dependent on their Ships, and means of conveyance for supplies.

If however the Secretary of State sees fit to reconsider his decision to withdraw the License, the Board will willingly endeavour to concur in any measures by which the hands of the Government may remain unfettered, with respect to any policy which changes in America might hereafter recommend, and the credit and authority of the Company might at the same time be maintained.

For fear of further misunderstanding on that point, they think it right to protect themselves in a suggestion they would respectfully make to Her Majesty’s Government, from any supposition that they still desired the renewal of the License for the purposes of their trade. It is certainly very essential that there should be no interval between the cessation of their authority and the substitution of some other to prevent or regulate in as far as that may be possible the interference of strangers with the Indian Tribes, and the renewal of the disorders for the prevention of which the Act of 1 & 2 Geo: 4th Cass 66 was passed. The suggestion they would submit to your consideration is that the License might be renewed to the Hudson’s Bay Company for the usual period of 21 years with a reservation of power to the Crown to withdraw it at any time on a notice of two years. They make this suggestion to shew their disposition to assist the Government in the difficulties which they are fully aware beset this question. But the Board direct me to repeat that they cannot undertake the responsibility of remaining charged with the care of order and peace in the Indian Country under the temporary Grant of a License which would almost carry with it an acknowledgement of the doubts which have been thrown upon their rights, and convey an impression of the weakness and willing submission of the Board to the clamour by which their administration has so unjustly been assailed.



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No. 71

I have the honor to acknowledge receipt of your Despatch
of the 11th November 1858 No 38 upon the subject of the
escape of Mr Brew, Chief Commissioner of Police in British
Columbia, from the steamer "Austria" destroyed by fire on
the voyage to New York.

2. I have informed Mr Brew of the kind sympathy you
have manifested at the disasters which befel him, and it has
given me sincere satisfaction to communicate to him the
considerate act on the part of Her Majesty's Government in
granting him the sum of one hundred pounds (£100) to
re-imburse him for the losses he has sustained.



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No. 72

I have duly received your Despatch of the 12th November
1858, No 39 transmitting to me the copy of a letter you have
received from the Foreign Office,

*

stating that certain persons engaged in a system of crimping Sailors are
believed to have proceeded to Fraser's River from Callao.

2. I have to thank you for this information which will
put us upon our guard against the machinations of these
individuals; and as a precautionary measure I have forwarded
a copy of the letter to the Senior Officer of Her Majesty's
Ships and Vessels at Vancouver's Island.



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No. 73

I have the honor to acquaint you with reference to your
Despatch of the 10th November last No 57 that I have
received with due attention the information you have therein
afforded me regarding the previous position and services of
Captain Gosset, recently appointed Treasurer for British Columbia; and I
have according to your instructions furnished Captain Gosset with a copy
of your said Despatch, as a reply to the letter he addressed to you on
the eve of his departure from England.



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FILE: 1859-01-13_Berens_to_Merivale_Permanent_Under-Secretary_V595HB01.txt
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Berens to Merivale (Permanent Under-Secretary)

I have the honour to acknowledge the receipt of your letter of the
6th Instant Enclosing a copy of a Despatch from Governor Douglas
dated the 13th October 1858, in which he gives explanation relative
to the sale of Town Lands at Victoria, and the complaints made upon
that subject by Mr Nias, a gentleman living at San Francisco.



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No. 74

I have the honor to acknowledge the receipt of your Despatch
of the 15th November 1858, No 40, intimating your approval
of the proceedings of Captain Parsons, R.E. in conveying the party
of Sappers and Miners under his command to their destination, and
that you had recommended the Lords Commisioners of the Treasury
to honor his Bills for an additional Sum of Six Hundred pounds (£600);
which approval and information I have duly conveyed to Captain
Parsons in accordance with your instructions.



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No. 75

I have the honor to acknowledge receipt of your Despatch
of the 16th November 1858, No 41, acquainting me that a
Bond has been executed by Captain W.D. Gosset, himself in
two thousand pounds (£2000), and two Sureties in one thousand pounds
(£1000) each, for the performance of the duties of Colonial
Treasurer of British Columbia, and I beg to inform you that
due record shall be made of this transaction.



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No. 1

I have duly received your Despatch of the 9h November 1858, No
36, communicating to me the concurrence of the Lords of the
Committee of the Privy Council for Trade, in the Harbour and
Coast Regulations which I have promulgated, and which I had the
honor of submitting to you.



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FILE: 1859-01-13_Trevelyan_to_Merivale_Permanent_Under-Secretary_B595TE01.txt
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Trevelyan to Merivale (Permanent Under-Secretary)

Having laid before the Lords Commissioners of Her
Majesty's Treasury your Letter of the 28th ultimo proposing
certain amendments of the "Draft Charter for the Bank of British
Columbia," I am commanded by My Lords to state for the information
of Secretary Sir Edward Bulwer Lytton, that They can hardly think
that the full impact of the provisions regarding the revocation
of the Charter were brought under his notice when he proposed
that the issue of a Warrant of this Board for the purpose should
be made legally subject to the concurrence of the Secretary of
State for the Colonies.

I am to state that, in framing the Drafts of Charters for
Colonial Banks, it was considered desirable by the counsel of
this Board that some summary course should be provided for the revocation of the Grant, in case of breach of its provisions,
in order to avoid the delay and expense of proceedings in
Chancery; and that, for this object a power should be reserved
to the Crown to revoke the Charter on proof of violation of its
conditions, which power should be set in motion by a formal
representation to the Queen by some Department of Her Majesty's
Government.

It appeared to be obvious that this Board, as the
Department charged with financial business was the proper
authority to be entrusted with the function, and the clause
which is now proposed to be altered has been inserted in all
the Colonial Bank Charters of recent years. The power conferred
by it is not of an arbitrary nature. That power could only be
exercised on proof that the corporation had so conducted its
operations as to entail legal forfeiture of its privileges;
and it is not to be supposed that so serious a step as the
revocation of a Charter would be taken except after mature
consideration of all the facts of the case of which the Secretary
of State for the Colonies would necessarily be cognisant, and under
the advice of the Law Officers of the Crown.

My Lords are aware of no reasons which can be urged against
the ministerial Act provided for being vested in this Board; but
if Sir Edward Bulwer Lytton is prepared to state any grounds why the
course hitherto observed in the matter should be altered, My
Lords will be ready to consider such suggestions as he may wish
to offer on the subject, but They cannot consent that, under any
circumstances, the ministerial duty of submitting Their Warrant to
Her Majesty should be made legally subject to the previous
approval of a Secretary of State.

I am to observe that My Lords will consider the other
suggestion contained in your Letter.



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Trevelyan to Merivale (Permanent Under-Secretary)

I am desired by the Lords Commissioners of Her Majesty's
Treasury to transmit, for the information of Secretary Sir
E.B. Lytton, with reference to your letter of the 7th
Instant, the enclosed copy of a minute of my Lords of the
11th Instant, on the subject of the conveyance of mails,
&c, between this Country and the Colony of New Columbia.



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FILE: 1859-01-15_Corry_to_Merivale_Permanent_Under-Secretary_B595AD04.txt
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Corry to Merivale (Permanent Under-Secretary)

With reference to my letter of the 15th Ultimo, I am
commanded by my Lords Commissioners of the Admiralty to send
you herewith for the information of Secretary Sir E. Bulwer
Lytton an Extract from a letter dated the 27th November
last, No 416 from R: Adm: Sir M. Seymour, reporting the
sailing of H.M.S. Tribune from Hong Kong for Vancouvers Island with 7
Officers & 160 Non Commissioned Officers & Privates of Royal Marines.



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Corry to Merivale (Permanent Under-Secretary)

I am commanded by my Lords Commissioners of the Admiralty
to send you herewith for the information of Her Majesty's
Secretary of State for the Colonies, a Copy of a Letter from
Rear Admiral Baynes, dated the 16th Novber last,
No 159, relative to the state of affairs in Vancouver's
Island and British Columbia.



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No. 76

I beg you will allow me to solicit your earnest attention to a
subject which is of the highest importance to the progress and prosperity
of the Colonies of Vancouver's Island and British Columbia.

2. I allude to the necessity which exists for the early
construction of Light Houses upon some of the salient points
of the approaches to the Harbours and Anchorages of these Colonies.

3. At the present moment, however, I will only mention
two positions which are of the first importance, and which
the experience of every succeeding day renders more and more
evident should be properly lighted at the earliest possible period.

4. The first of these is the Race Rocks, situated in the
Strait of Fuca, between 2 and 3 miles from the main land of
Vancouver's Island, and about 12 miles from the Harbour of
Esquimalt. These Rocks or Rocky Islets may be viewed as the
turning point in the Strait for Ships bound to Vancouver's
Island, or to the Gulf of Georgia. They form a most dangerous
cluster, and the making them out is not only an object
anxiously sought, but it is one of essential help in the
determination of position. They are mostly above water, and
the largest of them would be found an admirable situation
for placing a Light House. It has some considerable elevation
above high water mark, and the materials for building can be
found in abundance close to the spot. The Light at this position
should be one of the first order.

5. The next spot upon which I would urge the
establishment of a Light House is the Fisgard Rocks at the
entrance of Esquimalt Harbour; a harbour whose growing
importance can scarely be overestimated. It is capacious and
secure. Her Majesty's Ships always resort to it; the Admiralty
and Military Buildings are also there, and it is the Harbour
to which all Vessels of large size must come, and consequently
it must be the great Depot of the Ocean Traffic. The entrance
being narrow, the back ground composed of high hills exhibiting
no remarkable leading marks, and the coast line adjacent being
rugged and full of indentations the Harbour of Esquimalt presents
no characteristic features to guide the Mariner to its tranquil
security. During the day the entrance is difficult enough to find
to those possessing no previous knowledge of the locality, but
at night the difficulties of distinguishing it are so great
that the attempt to enter the Harbour is never made except by
those whose long acquaintance with the Coast has rendered them
intimately familiar with every peculiarity. The establishment
of a Light upon Fisgard Rocks, would at once unmistakably point
out the position of the Harbour, and would render access to it,
or exit from it safe and easy at all times.

6. The navigation of the Strait of Fuca, and of the
inland waters leading from it, is attended with no small
amount of danger without the valuable assistance of Lights.
The Government of the United States have already acted very
promptly and liberally in lighting their portion of the
Strait. They have placed a Light of the First order upon
Tatooch Island, at the entrance of the Strait, and Vessels
from seaward are now enabled to continue their course up the
Strait at all times. This Light has a range of 20 Miles, and
if a Light of the First order were placed on the Race Rocks,
as I now submit, and a Light of an inferior order upon
Fisgard Rocks, a Vessel running up Fuca Strait would scarcely
lose sight of the Tatooch Light before she would discern the
Race Light, after rounding which she would perceive the Fisgard
Light, and thus be enabled to proceed into Esquimalt Harbour
without a check, and by such means, valuable time would be
saved and considerable risk avoided.

7. The United States Government have also placed Lights
upon two other points in the Strait of Fuca, Dungeness near
the entrance to Puget Sound, and upon Smith's Island, near
to the southern termination of the Rosario Strait. The Light at Tatooch Island is, undoubtedly, of equal advantage to the
British Possessions in this quarter of the globe, as to those
of the United States, the other Lights are also useful, and I therefore
conceive that we are in honor bound to reciprocate the benefit.

8. I am not aware of any funds that may be appropriated
for these objects, nor do I know to what Department of State
I should properly apply for assistance: the infant state of the
two Colonies precludes the possibility of their being able to
help themselves, and the matter being one which it is manifest
must materially affect their future development. I trust you
will pardon me in bringing it before you and in earnestly
soliciting your aid towards the accomplishment of the desired object.



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No. 5

I transmit for your information a copy of a letter from the Colonial Agent General in which with reference to a requisition furnished by Captain Gosset before he left this Country for British Columbia, the Agent points out the uselessness of complying with that part of the demand which refers to the "skeleton gear of a powerful Water wheel".

The reasons assigned by Mr Julyan appear to me conclusive, and I have therefore instructed him to procure and send to the Colony such articles only as are specified by him and which cannot be made on the spot.

You will communicate the contents of the agents letter to Captain Gosset in answer to the one which he addressed to this Department on the
26th of October last.



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Romaine to Merivale (Permanent Under-Secretary)

I am commanded by the Lords Commissioners of the Admiralty to transmit
to you a Tracing showing the site of HM's Naval Hospital at Esquimalt,
Vancouver's Island, and to request that in laying the same before
Secretary Sir E.B. Lytton, you will inform him that, as it is possible,
at some future time, that it will be advisable to Erect
Storehouses or form a Naval Establishment on the portion of Land
marked 67 on the plan, my Lords would be glad to have that portion
reserved for Naval purposes.



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FILE: 1859-01-17_Corry_to_Merivale_Permanent_Under-Secretary_V595AD02.txt
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Corry to Merivale (Permanent Under-Secretary)

I am commanded by the Lords Commissioners of the Admiralty to call
your attention to the correspondence which took place between the two
Departments last Spring relative to the retention of Thetis Island,
Esquimalt, Van Couver's Island for Naval purposes, from which it
appeared that the sale of that Island to a Private Individual would
not be completed, but that it would be reserved as desired.

Upon a late visit, however, of the Naval Commander in Chief, he was requested to give up the Island to an Individual who stated that he
had purchased it, the day previously, at a public Auction.

It appearing that the purchase had been properly conducted, the Crown
Solicitor was consulted as to the course most advisable to be adopted,
and as that Officer reported

that in the grant by the Crown to the
Hudson's Bay Company of VanCouver's Island, there is an express
saving clause, reserving to itself all such
Land or so much thereof as may be required for public purposes,

the question of right is definitively Settled.

My Lords therefore request that you will move Secretary Sir E.B.
Lytton to cause them to be furnished with the Title Deeds, so that
the Island may be legally conveyed to the Naval Department.



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No. 2

I had the honor on the 12th of November last, in my despatch
No 47 of acknowledging the receipt of your Confidential
Despatch of the 21st of August, requesting me to furnish a
report as early as practicable on the subject of the disputed
line of Water Boundary between Vancouver's Island and the
American Territory on the main land, and I now beg to submit the
few fresh ideas that have since occurred to me on a question
which has before been so closely investigated.

2. I had the honor of addressing His Grace the Duke of
Newcastle, and of submitting the opinion which I entertained on
that subject in the several Despatches of the numbers and dates
noted in the margin.

*

3. In those Despatches I stated the reasons which induced me to
assume that the Islands of San Juan, Lopez and Orcas, to which
the United States have set up a claim did of right belong to Her
Majesty the Queen, and come within the jurisdiction of the
Government of Vancouver's Island, or in other words that
"Vancouver's Strait" now more generally known as "Rosario
Strait" is the true channel through which the line of Water
Boundary was intended to be carried.

4. That conclusion was founded in the first place on a fair
construction of the language of the 1st Article of the Treaty
of the 15th June 1846. Secondly—on the common opinion of the
day. Thirdly—On the Maps published in both countries carrying
the line of Boundary through the middle of Vancouver's Straits.

5. My opinion in reference to the true line of Water Boundary
remains unaltered, or is rather confirmed by a circumstance not
alluded to in my former reports on the subject. I mean the
intention of the negociators of the Treaty, as may be inferred
from the manner in which the Coasts of Vancouver's Island, and
the Continent on the 49th Parallel of Latitude were represented
in the best published Charts of the period when the Treaty was
concluded.

6. I transmit herewith a section taken from Vancouver's Chart,
showing the Coast Lines in the Gulf of Georgia on the 49th
Parallel and embracing all the information on the subject
which Mr Buchanan and Mr Pakenham could possibly have had
access to, in fixing and describing the line of Water Boundary.

7. It will thereby be observed that the line of Coast on the
west side of the Gulf of Georgia, directly opposite Point Roberts, and where the Point is intersected by the 49th
Parallel of North Latitude—now known to be a group of
Islands—was then supposed to be and represented in the Charts
of the day, as the East Coast of Vancouver's Island.

8. It is therefore reasonable to infer that the intention of
the negociators must have been to carry on the line of Boundary
along the 49th Parallel to the middle of the channel which
separates the land of Point Roberts from the land shewn in the
charts of that day as the East Coast of Vancouver's Island.

9. That point of the Boundary line being fixed as so described,
in the middle of that channel the Treaty goes on to say that it
is to be carried thence southerly through the middle of the said
channel and of Fuca Straits to the Pacific Ocean.

10. The only channel to which that description can really apply
is the channel followed by "Vancouver," with his two ships, by
Strawberry Bay, as traced upon the accompanying section of his
chart, before referred to.

11. That it was the intention of the negociators to carry the
Boundary through that channel, is thus I think distinctly shewn,
and I have heard no cause assigned on the part of the United
States Boundary Commissioners why that simple and obvious
rendering of the Treaty should not be adopted as its true sense
and meaning.

12. It would certainly not be advisable for Her Majesty's
Government to adopt any other, than the above rendering of the
Treaty, without very careful consideration of the effect of any
new arrangement; lest we be thereby debarred from the use of a
safe and accessible Ship channel to the British Possessions in
the Gulf of Georgia.

13. The American Coasts on the Gulf of Georgia, being
accessible by a good Ship channel, even though the Islands of San Juan, Lopez and Orcas are confirmed to Great Britain; the
acquisition of those Islands may be considered as a question of
secondary importance to the United States; while to us their
acquisition is of vital consequence, for securing a Ship
communication with the most valuable and extensive portion of
British Columbia.

14. That remark is especially meant to apply to a proposal
which is said to have been made here, of treating the whole
space between the continent and Vancouver's Island as one channel
and running the Boundary line through the middle of that space
without reference to any navigable channel, an arrangement which
unless the position of the Islands be greatly misunderstood,
would it appears to me, leave on the British side of the line,
no navigable communication with the Gulf of Georgia.



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FILE: 1859-01-19_Fraser_to_Merivale_Permanent_Under-Secretary_B595MI02.txt
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Fraser to Merivale (Permanent Under-Secretary)

I am directed by the Governor and Committee of the Hudson's
Bay Company to transmit to you for the information of Her Majesty's
Secretary of State for the Colonial Department, the accompanying
Extract of a letter recently received from Governor Douglas from
Vancouver's Island.

In a subsequent letter written by Governor Douglas and
dated from Belmont, Esquimalt, the 17th November when, on his
way to Fraser's River Mr Douglas mentions that the Mail
Steamer from San Francisco had just come in having on board
Mr Begbie, the new Judge of British Columbia who was to
accompany him to Fort Langley.



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FILE: 1859-01-19_Hammond_to_Merivale_Permanent_Under-Secretary_B595FO01.txt
================================================================================

Hammond to Merivale (Permanent Under-Secretary)

I am directed by the Earl of Malmesbury to transmit to
you, to be laid before Secretary Sir E.B. Lytton, copies
of a Despatch and its enclosures from Her Majesty's Minister
at Washington reporting the discourteous and intemperate
behaviour of Mr Nugent, the Special Agent of the United States in British Columbia, before his departure for Washington.



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FILE: 1859-01-19_Hammond_to_Merivale_Permanent_Under-Secretary_B595FO01_A.txt
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Hammond to Merivale (Permanent Under-Secretary)

With reference to your letter of the 23rd of November, I am directed by the Earl of Malmesbury to transmit to you, for the information of Secretary Sir E. Bulwer Lytton, a copy of a Despatch from Her Majesty’s Minister at Washington reporting a conversation with General Cass relative to the sale of ammunition by the Hudson’s Bay Company to Indian Tribes at war with the United States.



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FILE: 1859-01-19_Hammond_to_Merivale_Permanent_Under-Secretary_B595FO02.txt
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Hammond to Merivale (Permanent Under-Secretary)

With reference to your letter of the 9th of November
last, I am directed by the Earl of Malmesbury to transmit to
you, for the information of Secretary Sir E.B. Lytton, copies
of a Despatch and it's enclosure from Her Majesty's Minister
at Washington respecting his attempts to obtain the relaxation
of the Laws affecting the United States Coasting Trade.



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FILE: 1859-01-19_Hicks_to_Lytton_V596H01.txt
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Hicks to Lytton

I beg respectfully to ask the favour of your informing me if you have
received a memorial in favour of Mr William Burington [Burlington]
Smith. Mr T. Allen of Burnham was intrusted with that Document
to foreward

to you through one of our County Members but that Gentleman informed
me he sent it direct to you. It was to request the favour of your
kind assistance to procure for him the Situation of Collector of
Customs or Post Master at Victoria Vancouvers Island, North America.
The Memorial was signed by eight very respectable Gentlemen well
known to Wm Miles Esqe M.P. I am Personaly aquainted

with Mr Smith and can recommend him to you as a clever, interesting
Talented Man, who is capable of rendering valuable assistance to the
Government of this Country, in assisting the management of the Colony
of Vancouvers Island, he is now a resident in Government Street,
Victoria Vancouvers Island North America.

If your Honour will favour me with a Line on the subject you will
much Oblige



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FILE: 1859-01-20_Douglas_to_Lytton_B59077.txt
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No. 77

With reference to my Despatch of the 8th Instant,
No. 68 acquainting you of the disturbed state of Fort Yale
in consequence of the opposition which Mr Whannell, Justice
of the Peace for that District, had experienced in the
discharge of his duties, I have the honor to inform you that
I have since received a letter from Mr Perrier, Justice of
the Peace for the District of Hill's Bar, explanatory of his
conduct in issuing a process for the arrest of Mr Whannell.

2. I forward herewith for your information a copy of
the said communication, which you will perceive in no way
exonerates Mr Perrier from the charge of illegal and
discourteous interference with the duties of a Brother
Magistrate, nor does it contain any satisfactory explanation
of his extraordinary proceedings in the case.

3. Mr Perrier has in consequence, been suspended from
the exercise of his functions as a Justice of the Peace, and
he will not be re-instated, unless the Lieutenant Governor,

*
**

who will investigate the case, should make a report in favour
of his being allowed to continue in office.

4. The whole disturbance appears more to have arisen from the
imprudent step taken by Mr Perrier, than from any illegal
act or disorderly conduct on the part of the people.

5. I have not received any tidings from the Lieutenant
Governor, since his departure from Fort Langley. It is
reported that the progress of the River Steamer which
conveyed his party had been impeded by the ice.

6. I mentioned in my before named Despatch my
intention of sending a re-inforcement to assist the
Lieutenant Governor. On the necessary requisition being
made to Captain Prevost, of the Satellite, the Senior Naval
Officer present at Vancouver's Island, the Plumper was
despatched on the morning of the 10th Instant with a
force of 50 Seamen and Marines to Fort Langley, where she
arrived safely on the following day. The force were under
order to join the Lieutenant Governor, and to act under his
instructions as circumstances might require. Mr Brew with a
small Police force was also of the Party, so that every
precaution has been taken to preserve the tranquillity of the Country.



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FILE: 1859-01-20_Douglas_to_Lytton_B59078.txt
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No. 78

I have the honor to acknowledge the receipt of your
Circular Letter of the 30th September 1858, upon the
subject of Letters upon the Military Service of the Imperial
Government passing through Colonial Post Offices free of charge.

2. With reference thereto I would beg to inform you
that hitherto no Colonial postage has been charged upon any
Letters upon Her Majesty's Service, and care will be
taken to guard against any regulation being hereafter
introduced which would levy postage upon such letters.



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FILE: 1859-01-20_Lytton_to_Douglas_B597006.txt
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No. 6

I have to acknowledge the receipt of your Despatches No 1 of the
12th and No 5 of the 23rd of October last—the first enclosing two Proclamations and a Notice which you had issued prohibiting the introduction of Spirituous liquors among the natives, and cautioning purchasers against fraudulent sales of Crown lands by unauthorised persons, and I have to convey to you my approval of the Notice and Proclamations in question.

With respect to the form of Grant enclosed in your second Despatch
I have to observe that it runs in the name of the Governor and not in
the name of the Queen as is usual in all Grants made in virtue of powers
delegated by Her Majesty, and that the condition at the end of it that
the lands shall be subject to all laws and sanitary regulations now in
force is superfluous, and therefore perhaps calculated to raise a doubt
on that point rather than to settle it.

I therefore transmit a form of Grant for your adoption which
appears to me sufficient for all purposes. You will observe that all
reservations of timber, minerals &c are omitted in conformity with the
policy which has been established in other Colonies of late years, but
this omission will not entitle a Grantee to appropriate Gold or Silver
which may be found on his Grant, although it will entitle him to the
baser metals and Coal.



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FILE: 1859-01-21_Douglas_to_Lytton_B59079.txt
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No. 79

I have lately received intelligence from Mr Assistant
Commissioner Travaillot dated "Lytton" 19th December 1858,
by which it appears that the miners in that district had
generally suspended work in consequence of the coldness of the
weather, for the 20 days preceeding the date of his letter.

2. The rapid transitions in the temperature during that
time were remarkable. On the 10th of December the
Thermometer fell to Zero Faht; a change occurred on the
evening of the 13th, when the Mercury rose to 48o and
up to the 19th it was ranging from 46o to 52o—and
not over half an inch of snow had fallen at "Lytton", or in
the neighbouring districts South of Fraser's river previously
to the 19th of December.

3. Fraser's river has set fast with ice at several points,

but not continuously at and near "Lytton," and pack horses had
crossed in safety with their loads, from side to side, upon the
ice. But that appears to have been rather a consequence of drift
ice from the upper part of the river accumulating at those points
than from the degree of cold about "Lytton," the climate of
which is pleasant and temperate, the weather being generally clear
and dry, in so remarkable a degree, that from the 24th of
August last,

*

there had not been, in all, more than twelve hours
rain, or snow up to the date of Mr Travaillot's letter, (19th
December.)

4. The few miners remaining in the upper country were well
supplied with food by the Harrison's River Road; and since my
last report, no difficulties whatever had occurred, Either with
the white or indian population.

5. Reports Continue to arrive respecting the rich deposits
of Gold, on and about Bridge river: a lump of pure Gold weighing
One and a half ounces was lately found in the deposits of that
stream, and the Gold generally is coarse and lumpy, not requiring
Quicksilver for its separation from the soil.

6. It is believed that men are able to make there, from
five to six dollars a day with the cradle, and that they will
clear much larger sums by means of sluices: there will therefore,
no doubt be a great rush of people, to that part of the country
in the Spring.

7. I have lately received a sample of Gold found at "Stonia",
a point on Fraser's River five miles beyond the Hudson's Bay
Establishment of Alexandria, about 400 miles distant
from the Sea Coast. And it is further supposed, on very probable
grounds that the whole course of the River, to its sources in the
Rocky Mountains, contains deposits of Gold. This idea, applied to
the tributaries of Fraser's River, as well as to the main stream,
opens a dazzling prospect to the miner, of the most Extensive
Gold region in the world, and will soon fill the country with
people, when it is made accessible by a system of passable roads.

8. I herewith do myself the honor of forwarding that specimen
of Gold, together with specimens procured from Bridge River,
Thompson's River, Harrison's River, and other parts of the country
which have been partially explored.



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FILE: 1859-01-21_Fraser_to_Lytton_B596F03.txt
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Fraser to Lytton

I beg leave to enclose a Memorial, addressed to you, by one
hundred and nine of the Property Owners, Householders and Residents
of Vancouver's Island: expressing their gratification at Mr Douglas
having been continued in his office of Governor of this Colony, and
of his having been appointed Governor of British Columbia:
congratulating You on Your judicious choice of Mr Douglas to these
important offices, on public grounds, on account of his peculiar
qualifications for office—particularly his influence over the
Indians and for other reasons set forth in the Memorial.

I would state that the Memorial is signed by most of the landed
proprietors of the Island and by a majority of it's older residents
whose experience enabled them to form a just estimate of Mr Douglas'
qualifications.

A Committee of the Memorialists deputed me to forward their
Memorial.

I also beg to enclose a Memorial of two hundred and forty nine
residents of the Colony of British Columbia addressed to You upon the
same subject, expressing their approval of and satisfaction at Mr
Douglas' Appointment as their Governor, for reasons set forth at
large in the Memorial.

This Memorial was brought to me to Victoria by a Miner of the
name of Snyder, an American Citizen, from San Francisco, whom I met
at Fort Yale in September last, who requested me, on behalf of the
Memorialists, to forward it with the enclosed Letter from himself to
You.

Mr Snyder informed me that the Memorialists are residents and
Miners of Fort Hope & Fort Yale & neighbourhood.



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FILE: 1859-01-21_Hamilton_to_Merivale_Permanent_Under-Secretary_B595TE03.txt
================================================================================

Hamilton to Merivale (Permanent Under-Secretary)

With further reference to the letter of this Board of 25
Nov. last I am commanded by the Lords Commissioners of Her
Majesty's Treasury to acquaint you for the information of
the Secretary of State that the Paymaster General has been
authorized to accept and pay a Bill for £48.0.3 for the
service of the Royal Engineers proceeding to British Columbia,
drawn by Captain Parsons R.E.



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FILE: 1859-01-22_Douglas_to_Lytton_B59080.txt
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No. 80

The mail steamer having just arrived, and being about to
leave again almost immediately for San Francisco; I hasten to
communicate for your information that letters arrived last night
from Lieutenant Governor Moody, dated Fort Yale 17th Jany.
reporting that the difficulties at Fort Yale and Hills Bar were
for the present quelled.

2. The Lieutenant Governor, has nevertheless ordered the
detachment of Marines and Seamen, from the "Satellite" and
"Plumper" which I had informed you had been forwarded by the
latter vessel to Fort Langley
*
to proceed onwards, to Fort Hope, whither they have gone on
the Steamer "Enterprise" to the number of 100 Seamen and Marines
besides the Company of Royal Engineers which accompanied Colonel Moody.

3. The force is therefore capable of overwhelming any
factious opposition, that may be offered to the enforcement of the Laws.

4. The state of feeling among the miners generally is of the best
description, and their numbers are now so much reduced, that the
danger of any insurrectionary movements on their part, is not imminent.



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FILE: 1859-01-22_Douglas_to_Lytton_B59081B.txt
================================================================================

No. 81b

I have the honor to acknowledge the receipt this day of
your Despatches of the numbers and dates as described on the
other side hereof.

*



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FILE: 1859-01-22_Lytton_to_Douglas_B597007.txt
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No. 7

I have received and perused with much interest your despatch No
30 of the 9th of November last containing the latest accounts from
the Gold Mines in British Columbia and reporting the progress made in the construction of Roads.

In conveying to you my cordial approval of the construction of the
route by Harrisons River to a point of Frasers River at an expenditure
of Ten thousand pounds (£10,000), You will bear in mind that I look to the payment of all expenses connected with it out of local, and not from Imperial funds.



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FILE: 1859-01-24_Douglas_to_Lytton_B59082.txt
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No. 82

I have duly received your Despatch No 43 of the 16th
November last, transmitting to me Copy of a Despatch from Her
Majesty's Consul at San Francisco containing some particulars
respecting the Mining Laws in operation in the State of
California, for which I beg to offer my best thanks.



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FILE: 1859-01-24_Douglas_to_Lytton_B59083.txt
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No. 83

I have duly received your Despatch of the 17th November
last No 44, transmitting to me the Queens Warrant for appointing
Captain Gosset to be Treasurer for British Columbia.

2. Captain Gosset was duly installed in the office of
Treasurer on the 4th Instant, under the authority of your
Despatch of the 29th October last No 31, and as reported
in my Despatch of the 5th Instant No 67.

3. The instructions respecting the repayment of the sum of
Thirty Shillings Stamp Duty, will be carried out upon the return
of Captain Gosset from detached service with the Force in Frasers River.



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FILE: 1859-01-24_Douglas_to_Lytton_B59084.txt
================================================================================

No. 84

I have the honor to acknowledge receipt of your Despatch of
the 19th November 1858, No 45 and, with reference thereto,
I have duly communicated to Colonel Moody the information therein
contained respecting the quarterly issue to his Agents Messrs.
Cox & Co. of his pay as Chief Commissioner of Lands and Works
in British Columbia; and also that an advance of 120 Days pay
has been made to him and to the other Officers of the Expedition.



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FILE: 1859-01-24_Douglas_to_Lytton_B59085.txt
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No. 85

I have the honor to acknowledge receipt of your Despatch of
the 20th November Last No 46, and in accordance with the
instructions therein contained I have duly communicated to
Colonel Moody the information respecting the allowance of the
sum of £250 granted to him, in compliance with his application, on
account of the passage of himself and two Servants to British Columbia.



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FILE: 1859-01-24_Douglas_to_Lytton_B59086.txt
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No. 86

I beg to return you my best acknowledgements for the trouble
you have been pleased to take in providing a supply of Stationery
for the Treasurer's Department in British Columbia, as communicated
to me in your Despatch of the 21st November 1858, No 47, and its
Enclosures.



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FILE: 1859-01-25_Douglas_to_Lytton_B59087.txt
================================================================================

No. 87

I have the honor to acknowledge receipt of your Despatch
of the 23rd November Last, No 48, together with its Enclosure,
and I beg to acquaint you that the Instructions therein contained
respecting the disposal of the Buildings which were erected at the
request of the War Office for the accommodation of the North
American Boundary Commission shall be duly attended to.



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FILE: 1859-01-25_Douglas_to_Lytton_B59088.txt
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No. 88

I have duly communicated to Captain Parsons R.E. the information
contained in your Despatch of the 1st December last, No 49,
respecting the acceptance of the Bills, to the amount of £1600,
drawn by him to defray the expenses of the conveyance of the
Party of Royal Engineers under his charge to British Columbia.



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FILE: 1859-01-26_Josling_to_Lytton_V596J01.txt
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Josling to Lytton

Although I believe my father's name (Edward Edwards Langford) is
down for office in Vancouver, I take the liberty of making
application to you in his behalf and entreating that you will
favorably consider his case. He has been struggling
on for seven years in that Island under the old system which I trust
you will kindly consider entitles him to some claim on the new
government. I may say with truth that ours was the first
gentleman's family to settle there, and consisted of my parents,
my sisters, myself and a brother born after our arrival. My father
is a son of the Capt G. Langford R.N. and formerly held a commission
in Her Majesty's 3rd Regiment. He has for the Past few years filled
the function of Justice of the Peace in Vancouver. Hoping you will
consider him eligible for some appointment and with many apologies
for intruding on your valuable time, I am Sir



================================================================================
FILE: 1859-01-27_Lytton_to_Douglas_B597008.txt
================================================================================

No. 8

I transmit herewith the copy of a letter from the Admiralty
requesting that the portion of Land at Esquimalt marked 67 on the
enclosed plan may be reserved for Naval purposes, and I have to instruct
you to comply with their Lordships' wishes in this respect.



================================================================================
FILE: 1859-01-27_Lytton_to_Douglas_V597008.txt
================================================================================

No. 8

I transmit herewith the copy of a letter from the Admiralty
requesting that the portion of Land at Esquimalt marked 67 on the
enclosed plan may be reserved for Naval purposes, and I have to instruct
you to comply with their Lordships' wishes in this respect.



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FILE: 1859-01-27_Murdoch_to_Merivale_Permanent_Under-Secretary_V595LN01.txt
================================================================================

Murdoch to Merivale (Permanent Under-Secretary)

I have to acknowledge Mr Elliot's letter of 22nd ultimo, enclosing
a Despatch from Governor Douglas in answer to a Memorial addressed to
Her Majesty, and a representation addressed to the Earl of Derby, by
Mr Nias, on the subject of the sale of Town Lots in Victoria Van
Couvers Island.

2. Mr Nias stated that a large number of Town Lots in Victoria had
been sold by Governor Douglas—that they had been bought to a great
extent by Land Jobbers, 50 or 60 by one person—that Lots worth from
£50 to £1000 had been sold for £5 and £10 and that as no conditions
of improvement are attached to the sale they will be held by the
owners as a speculation in an unimproved state—that capitalists who
do not improve their properties are a great injury to the bona fide
settler—and that those who have purchased the land at Victoria are
to a great extent Foreigners. Mr Nias, therefore, urged that steps
should be taken to compel purchasers of Town Lots to make substantial
improvements on them within a reasonable time.

3. To these statements Governor Douglas replies in effect that the
only Town and suburban Land in Van Couvers Island—that namely in the
neighbourhood of Victoria belongs to the Hudson's Bay Company—that
the Company have been in the habit of selling suburban Lots of 5
acres for £25 and Town Lots measuring 120 x 60 feet for £10.8.4 but
latterly for £20.16.8—that Country Lands have always been sold at £1
an Acre in Lots not less than 20 Acres—that there are many thousand
Acres of Country Land now open for purchase at £1 an Acre, and any
number of Town Lots at £20.16.8 which find no purchasers—that
consequently the allegation that jobbers have bought such Lands for
an inconsiderable sum and are holding them as a speculation is not
true—that instead of having fallen into the hands of a few jobbers
the 1142 Town Lots were purchased by 434 individuals—that their
whole extent amounts to only 193 1/3 Acres equal on an average to
about 2112 square yards to each purchaser—that the subdivision of
the Land is generally very minute as is shown by the fact that 203
Lots were sold to 209 purchasers and that for 8 of the Lots there
were 17 purchasers—but that it would not be desirable to prevent
individuals from purchasing more than one Lot a piece, as some
occupations would require a larger area than 120 x 60 feet. He adds
that of Country Lands 30,214 Acres have been sold in 110 Lots to 126
purchasers giving an average of about 239 Acres to each.

4. It may, I think, be assumed from Governor Douglas's statement
that the information which had reached Mr Nias as to what had
occurred in Van Couvers Island was incorrect—and that no Land
speculations have yet taken place there calculated to interfere with
the prosperity or settlement of the Island. The nature of the Hudsons
Bay Company's claim to the Town and suburban Land in the
neighbourhood of Victoria is explained in the letter from the Company
of 21st instant of which a Copy is enclosed. Under the
circumstances stated in that letter I apprehend that even if there
were more ground than there appears to be for Mr Nias' statements
the Home Government would not be entitled to interfere with the
disposal of the Land held by the Company, not as Trustees for the
Crown but as a Commercial Company, from a date prior to the grant of
1848.

But having pointed out the errors in Mr Nias' statements Governor Douglas considering very properly that the question raised by that
Gentleman is of paramount importance proceeds to explain his own
views respecting it. He states that he has always been favorable to
the theory of improvement duties, and was disposed to introduce them
when the rush of Emigration to Vancouvers Island first commenced.
But on reflection he considered that it would be inconsistent after
striving so long to promote immigration to impose a check on it as
soon as it began—that it was not probable that a high price of Land
could be long maintained by speculators where there was so much
unoccupied—that capitalists buying Land might be expected in their
own interests to do their best for the interests of the Colony—that
it would be difficult to define, and in the case of labouring men
inexpedient to enforce, substantial improvements—and that
a temporary dearness of labor and material might render such
improvements impracticable. As a remedy against speculative
purchasers whenever they become inconvenient he, therefore, suggests
a Tax on unimproved Land.

6. I venture to think that Governor Douglas' reasoning scarcely
meets the case. Whether Her Majesty's Government are entitled to
interfere authoritatively with the disposal of this Land by the
Hudson's Bay Company is, as I have pointed out, open to question.
But it may be assumed, for the sake of argument at least, that the
Company would be disposed to defer to such recommendations as the
experience of H.M. Government might induce them to offer, for the
management of this Land in the manner most advantageous to the
interests of the Colony. The risk then pointed out by Mr Nias and
which will certainly require to be encountered, is not that ordinary
Country Lands should be bought and held over by speculators, but that
Town Lots and Lots having special advantages from situation or
otherwise, should be so held. Lots such as these cannot under
any circumstances be of great extent, and a speculation in them would
not be affected by the quantity of Rural Land open for purchase in
the Island. Neither would it be safe to trust to the personal
interest of the Speculator. That interest would lead him to keep up
the Land until by the improvement of the neighbourhood its value had
been raised to its extreme point—but long before that it would
probably have become an obstruction and nuisance to the community.
In his objection to the difficulty of defining improvement duties,
and to the facility with which they may consequently be evaded it is
impossible not to concur. But he does not seem to have perceived
that the same objection would apply to the remedy which he proposes,
namely, a tax on unimproved Land. For if, as he justly states, it
would be difficult to define "substantial improvements" on a Town
Lot, it would be infinitely more difficult to define what amount of
improvement should exempt Land from the Tax and what proof of such
improvement should be furnished. It may safely be predicted that any
improvement duties prescribed in Vancouvers Island would follow the
same course as settlement duties in other Colonies and become
deceptive or migratory.

7. Protection against the anticipated evil must be found, as it
appears to me, first in selling Town and suburban Lots by auction
only, as I suggested in my report of 5th instant, and second by
imposing a Tax not on unimproved only, but on all Land within the
limit of the Township. I am not aware whether there is at present in
Victoria sufficient population to allow of the incorporation of the
Town, but whenever that can be done the municipal Authorities would
be the proper persons to be entrusted with the power of Local
Taxation, and if precautions were taken to restrict the franchise to
resident Householders, and it were provided that the Revenues raised
from the Town should be expended exclusively on local improvements,
there would be little reason to apprehend that speculators would find
it profitable to buy up Land to hold it for any length of time in an
unimproved state. But until a local municipality can be established
the imposition of any Tax of this kind must remain with the central
authority.

8. I have here adverted to a Tax on Town Lands only, but the same
reasoning will apply to a Tax on suburban and Country Lands should it
be found that they are bought and held in an unimproved state with a
view to speculation. The imposition, however, of a general Tax on
Land in a sparse population is a matter of questionable policy, as
the collection of it is likely to be very difficult and to cost more
than the Tax will produce.



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FILE: 1859-01-28_Fitzgerald_to_Merivale_Permanent_Under-Secretary_B595FO03.txt
================================================================================

FitzGerald to Merivale (Permanent Under-Secretary)

With reference to your letter of the 6th November
last, I am directed by the Earl of Malmesbury to transmit
to you herewith, for the information of Secretary Sir
Edward Lytton, a copy of a despatch from Mr Bidwell,
the Acting Consul at Panama, reporting the arrival at
Panama and departure for San Francisco, of Colonel Moody.



================================================================================
FILE: 1859-01-28_Lytton_to_Douglas_B597009.txt
================================================================================

No. 9

With reference to your private letter enclosing the copy of one
from Mr Brew the Chief Inspector of Police dated the
11th of November
requesting that the repayment of the whole amount advanced to him in
this country and in Nova Scotia may not be insisted on I have to refer
you to my despatch No 38 of the 11th
of November instructing you to
inform Mr Brew that under the peculiar circumstances of the case Her
Majesty's Government had granted to him the sum of One hundred pounds
(£100) advanced by the Government of Nova Scotia, in order to reimburse
him for the losses he has sustained.



================================================================================
FILE: 1859-01-29_Lytton_to_Douglas_B597010.txt
================================================================================

No. 10

With reference to my Despatch No 1 of the 3rd instant I have
to inform you that the Lords Commissioners of the
Treasury have authorized the Paymaster General to accept and pay a
Bill for forty eight pounds and three pence (£48.0.3)
drawn by Captain Parsons for services connected with the party of Royal Engineers proceeding to British Columbia under his command.



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FILE: 1859-01-29_Lytton_to_Douglas_B597011.txt
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No. 11

I transmit, for your information, an Extract from a letter dated
27th of November last from Rear Admiral Sir M. Seymour reporting the
sailing of H.M.S. "Tribune" from Hong Kong for Van Couver's Island with
seven Officers and one hundred and Sixty Non-Commissioned Officers and Privates of the Royal Marines.



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FILE: 1859-01-29_Lytton_to_Douglas_V597011.txt
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No. 11

I transmit, for your information, an Extract from a letter dated
27th of November last from Rear Admiral Sir M. Seymour reporting the
sailing of H.M.S. "Tribune" from Hong Kong for Van Couver's Island
with seven Officers and one hundred and Sixty non-Commissioned Officers
and Privates of the Royal Marines.



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FILE: 1859-01-29_Pattenson_to_Lytton_V596P01.txt
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Pattenson to Lytton

Hearing that it was the intention of the Government to establish
a Bank in Vancouvers Island I take the liberty of addressing you
being desirous of obtaining an appointment to go out there in the
capacity of clerk. I am perfectly acquainted with Banking having
been in the London & County Bank more than two years.
I am twenty years of age, and can have testimonials from the Manager
of the London & County Bank here. I am aware that it is very
presumptuous in me to thus address you, but I hope you will excuse
the liberty I take & have the kindness to inform me to whom I should
make my application in order to obtain an appointment.



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FILE: 1859-01-31_Hammond_to_Merivale_Permanent_Under-Secretary_B595FO04.txt
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Hammond to Merivale (Permanent Under-Secretary)

With reference to the Letters from the Colonial Office
of the 12th of October and 23rd of December last,
relative to the right of Navigation of the Columbia River
below the 49th Parallel, after the expiration of the
exclusive rights of the Hudson's Bay Company, I am directed
by The Earl of Malmesbury to transmit to you, to be laid
before Secretary Sir Edward Bulwer Lytton, the Draft of
a Despatch which His Lordship proposes to address to Lord
Napier in reply to his Despatch on this subject, No. 190
of the 30th of July last, a Copy of which was enclosed
in my Letter to you of the 18th of August last; and I
am to request that you will move Sir Edward Bulwer Lytton to
acquaint Lord Malmesbury whether he concurs in the Draft.



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FILE: 1859-01-31_Hammond_to_Merivale_Permanent_Under-Secretary_B595FO05.txt
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Hammond to Merivale (Permanent Under-Secretary)

With reference to the last paragraph of the Letter from
the Colonial Office of the 9th November last, in which
it is stated that Sir Edward Bulwer Lytton is desirous of
obtaining information respecting the Laws of the United
States regulating the carrying of Passengers coastwise,
I am directed by The Earl of Malmesbury to transmit to you,
to be laid before Sir Edward Bulwer Lytton, a Copy of a
Despatch from Lord Napier in reply to Lord Malmesbury's
enquiry on this subject.



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FILE: 1859-01-31_Lytton_to_Douglas_B597012.txt
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No. 12

Referring to my despatch, No 32, of the
19th of October, in which
I informed you of the intention of Her Majesty to establish a Bishoprick
in British Columbia, I have now to acquaint you that Letters Patent
under the Great Seal have been issued erecting the Colonies of British
Columbia, and of Vancouvers Island into a Bishops See, to be styled "The
Bishoprick of British Columbia," and appointing the Reverend George
Hills to be the first Bishop thereof; and I enclose, herewith, for your
information, a copy of the said Letters Patent.



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FILE: 1859-01-31_Murchison_to_Lytton_B595MI02_A.txt
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Murchison to Lytton

I learn by a letter dated “Fort Edmonton,” Oct. 8, 1858, addressed to myself by Capt. Palliser, that he and his party, who have been exploring the sources of the Saskatchewan River, are most anxious to be permitted to return to England by a western route, and not to go over the same ground in North America, which they have already traversed. As President of the Royal Geographical Society, I beg to suggest that this proposal seems to be fraught with good sense and exhibits such a laudable desire to promote the public interests as well as Geographical Science, that I hope it will meet with your approbation.

Now that Capt. Palliser and his associates have determined the existence of practicable passes of no great altitude through the Rocky Mountains, and have penetrated into the valley beyond them, it seem to be of great importance that we should, through the means of the same efficient explorers, be made acquainted with the mineral structure and physical geography of the ridges, which separate the valley of the Columbia and its affluents from that of the Fraser River.

As this operation would determine the capability of communicating between large portions of British North America and the newly discovered gold region of Fraser River, and possibly make us acquainted with some data of value respecting the Cascade Range and the coast opposite Vancouver Island, and as Capt. Palliser states that such a return expedition will cost less than the journey back through the United States and Canada I earnestly hope that so very desirable an opportunity may be taken advantage of.

I need not remind you that the labours of the North American Expedition for determining certain details respecting the boundary between the settlements of Great Britain and the United States lies so far to the south of the proposed route as to afford little hope that they will throw light on the physical geography of the more northern portions of British Columbia.



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FILE: 1859-01-31_Romaine_to_Merivale_Permanent_Under-Secretary_B595AD06.txt
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Romaine to Merivale (Permanent Under-Secretary)

The Persons named on the other side hereof, having been entertained onboard Her Majesty's Ship Satellite on the
occasions and between the dates stated against their names; I am commanded by My Lords Commissioners of the Admiralty to
request that you will move
Secretary
Sir E.B. Lytton to cause me to be informed, whether the expense of the Entertainment is to be borne by the Public.



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FILE: 1859-01_Douglas_to_Lytton_B59069SP.txt
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[Separate]

I have the honor to acknowledge receipt of Sir Edward
Lytton's Despatch of the 21st October 1858, not numbered,
introducing to my notice Mr Warner Spalding, and endorsing,
copies of testimonials as to his character and qualifications
all of which shall be treated with due regard and consideration.



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FILE: 1859-01_Douglas_to_Lytton_B59069SQ.txt
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[Separate]

I have the honor to acknowledge the receipt of Sir
Edward Lytton's Despatch of the 16th September last,
not numbered, introducing Mr Joseph Trutch, and forwarding
copies of testimonials as to his character and qualifications,
and I beg you will acquaint Sir Edward Lytton that the same
shall receive every consideration.



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FILE: 1859-02-01_Hamilton_to_Merivale_Permanent_Under-Secretary_B595TE04.txt
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Hamilton to Merivale (Permanent Under-Secretary)

I am directed by the Lords Commissioners of Her Majesty's
Treasury to transmit herewith, for the information of Sir E.B.
Lytton and in accordance with the request contained in your
letter of the 13th Ult, Copy of a Statement, which My
Lords have received from the Paymaster General, of all
advances made to any Persons on account of British Columbia.



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FILE: 1859-02-02_Falk_to_Merivale_Permanent_Under-Secretary_B596F02.txt
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Falk to Merivale (Permanent Under-Secretary)

A short absence from home has prevented my acknowledging sooner
receipt of your esteemed favor of the 21st January. My letter of
introduction which Sir Edward Bulwer Lytton may be good enough to
give me to Governor Douglas of British Columbia as solicited in my
former letter of 10 January will of course be received by me upon the
terms mentioned by you, that such does not to any extent guarantee
the concerns in which I am interested.

I am personally acquainted with a good many Members of either
house of Parliament and by making a couple of calls could I dare say
get a personal introduction to Sir Edward, but I dare say the
inclosed Note from Sir Edwards Colleague the former Colonial Minister
to me (which kindly return) will be a sufficient Voucher for my
respectability and standing.



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FILE: 1859-02-02_Lytton_to_Douglas_B597013.txt
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No. 13

I have to acknowledge your Despatch
No 26 of the 8th November last
reporting the arrival on the 29th of last October of Captain Parsons
with the Detachment of Royal Engineers under his command. I have also
received from that officer a letter dated the 9th of November to the same effect.

You will inform Captn Parsons that in accordance with the
established "Colonial Regulation" public functionaries who have any
representations of a public or private nature to make to Her Majesty's
Government should properly address them to the Governor of the Colony,
whose duty it is to receive and act upon such representation as the
public advantage may seem to him to require. Captn Parsons will,
therefore be so good as to attend to this rule in future, the departure
from which is apt to produce inconvenience, and you will also make the
rule as widely known as possible, so that there may not be any ignorance
of it in either British Columbia or Van Couver's Island. Of course any Officer or private person has a right to address the Secretary of State
direct on any subject which he thinks is necessary to bring under his
notice, but in that case he must send his petition or representation
under cover to the Governor, who will transmit it with such report as he
may deem it to require. Unless sent in this way through the Governor it cannot be attended to.

I find that you are in possession of several Copies of the Book of Colonial regulations, which were sent to you in your capacity of Governor of Van Couvers Island. You will therefore be readily able to fulfil the preceding instruction.



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FILE: 1859-02-02_Stamp_to_Carnarvon_Parliamentary_Under-Secretary_V596S01.txt
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Stamp to Carnarvon (Parliamentary Under-Secretary)

Referring to the proposals which I have already submitted to His
Excellency the Governor of Vancouver's Island and British Columbia,
and to the letter which I addressed His Excellency on the 4th Novr
last on the subject of a Contract with Her Majestys Government for
the conveyance of the English Mails from San Francisco to Victoria
and Langley on the Frasers River and
vice versa, I have now the honor to state that having been
resident for the last two years on Vancouvers Island and its
neighbourhood whence I have just returned, and being practically
acquainted with the details of the postal service in question, I am
now prepared to enter into a Contract with Her Majestys Government
for the performance of the above Service on the following
conditions—viz:

To convey the Mails twice a month from San Francisco to Victoria and
Langley and
vice versa.

To leave San Francisco within twelve hours after the arrival of the
American Mail Steamer.

To allow the postmaster at Victoria forty eight hours and the
postmaster at Langley twenty four hours to prepare the return Mails.

In the Winter when the Frasers River is frozen up the Mails for
Langley to be delivered at Victoria.

Officers & Troops in Her Majestys Service to be carried at the
Customary Transport rates.

The Service to be performed by a first class Steam Ship of not less
than 800 Tons burthen and 180 nominal Horse Power.

Delays and detentions arising either from foggy weather (when it
would be impossible for any steamer to run with safety) or from
stress of weather rendering it impossible for the Mail Steamer to
enter the Fraser River, are not to be considered an infraction of
Contract.

In the event of the American Mail Steamer not arriving at San
Francisco in due time the Contractor shall not be bound to wait
longer than forty Eight hours at the expiration of which time he may
proceed to Victoria without an over due Mail.

The Contractor to be allowed to convey the Mails in Steam Ships of
any Nation until sufficient time elapses to allow him to provide a
Steam Ship from England & to have the same privilege in the event of
any temporary accident to his own Steam Ship.

The Contractor to be ready to reserve the English Outward Mails due
at San Francisco on the 28th May next ensuing.

Any other safe port in British Columbia not at a greater distance
from Victoria than Langley may be substituted for that place by the
Government.

The sum required for the performance of this service to be Twenty
thousand pounds Sterling per Annum and the duration of the Contract
not less than 7 or 10 Years.

Should the Government desire it I am further prepared to extend the
service to Fort Hope the head of the Light draft Steam Navigation on
Frasers River for the Additional Sum of Five thousand pounds Stg. per
Annum.;.nam I have the honor to be My Lord
Your Lordships Obedt Humble Servt
Edwould Stamp



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FILE: 1859-02-03_Begbie_to_Lytton_B596B02.txt
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Begbie to Lytton

My Brother, Judge Begbie of British Columbia, has requested me
to send out to him immediately some law Books of which I append a
list. As I understand Governor Douglas has sent home a list of books
to be sent out to the Colony, and as I am not aware whether the books
I name are included in that list, I do not purchase them without
enquiry. & may I venture to suggest that they be added to
Governor Douglas' list & dispatched forthwith as the Judge lays
much stress on having them and without delay.



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FILE: 1859-02-03_Shaw,_Savill_and_Company_to_Carnarvon_Parliamentary_Under-Secretary_B596S01.txt
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Shaw, Savill & Company to Carnarvon (Parliamentary Under-Secretary)

Recollecting the interest which you took personally in the
despatch of the stores required for the expedition to British
Columbia, we regret greatly to inform your Lordship that by advices
received today we learn that the "Briseis" was burnt at sea off the
Coast of Brazil. This ship had on board about 400 Tons of
miscellaneous supplies. From the source whence the intelligence comes
we entertain no doubt of its authenticity.



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FILE: 1859-02-04_Douglas_to_Lytton_B59089.txt
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No. 89

I have the honor of transmitting for your information the
copy of a letter from the Lieutenant Governor dated, Fort Yale
17th January, to which allusion was made in my Despatch No
80, of the 22nd January last, and which could not, for want
of time, be got ready to foward by the same conveyance.

2. The copy of a subsequent communication from the
Lieutenant Governor dated Langley, 22 January is also herewith
forwarded, reporting that the authority of the Law has been
maintained, and that quietness now prevails among all classes
at Fort Yale and in the neighbourhood.

3. The Lieutenant Governor had however considered it
prudent to leave the Detachment of Royal Marines under
Lieutenant Howard S. Jones for a week longer, to aid and
support the Chief Inspector of Police. He brought back the Royal
Engineers to Langley, and also the Seamen, who rejoined Her
Majesty's Ship Plumper at that place.

4. The Lieutenant Governor and Judge Begbie returned to
this place a few days ago by the Plumper, and the former proposes
to address me a special Report upon the subject of the last
disturbance at Yale.

5. I gratefully acknowledge the prompt and zealous
co-operation of Captain Prevost, the Senior Naval Officer,
in furnishing a force for the suppression of those disturbances,
and of Captain Richards who commanded the Naval Force and
despatched it from Fort Langley to the support of the Lieutenant
Governor, who notices with especial commendation the services
of Lieutenant R.C. Mayne R.N. and of Mr Ogilvie of the
Hudson's Bay Company's service.



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FILE: 1859-02-04_Douglas_to_Lytton_B59090.txt
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No. 90

With reference to your Despatch of the 15th Ultimo,
No 76, upon the subject of the erection of Light Houses
upon two very important positions off the Coast of Vancouver's
Island, I have now the honor to submit to you herewith a very
complete and valuable report upon the subject, which has
kindly been made to me, in accordance with my request, by
Captain Richards of Her Majesty's Ship Plumper, together with
Tracings of the Line of Coast exhibiting the exact positions
upon which the Lights should be placed.



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FILE: 1859-02-04_Douglas_to_Lytton_B59091.txt
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No. 91

I have the honor to report to you that I have made the
following Appointments for the Services specified, upon the
date noted.
10 Jany 1859 Chartres Brew Esqre To be Chief
Gold Commissioner.
10 Jany 1859 Charles J.R. Bedford Esqre To be
Justice of Peace for the District of Langley.

2. With reference to the appointment of Mr Brew, who
already holds the position of Chief Inspector of Police, I
deem it right to explain that I was compelled to this
arrangement by the force of circumstances. Matters were
becoming complicated from the want of an active and intelligent
Chief to supervise and instruct the Assistant Gold Commissioners.
I was hampered by not having trustworthy and capable men at my
disposal, and believed Mr Brew, from the fact of his selection
at home for the appointment granted to him, and from my own
experience of him, to be well calculated to act for the present
as Chief Gold Commissioner, without such additional duty
interfering with the efficient performance of his functions as
Chief Inspector of Police. I appointed him to the Office, and
I confidently anticipate that the measure will be productive
of the beneficial results I was desirous of ensuring.



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FILE: 1859-02-04_Douglas_to_Lytton_B59092.txt
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No. 92

I have the honor of transmitting herewith for your
information a report from the Lieutenant Governor, dated the
28th January 1859, recommending as a site for the seat of
Government in British Columbia a position about 10 Miles below
the new Town of Langley, on the north bank of Fraser's River.

2. The Lieutenant Governor has entered fully into the
consideration of the military features of the position, which
he believes to be of rare strength and value, and also that,
apart from those advantages, the actual spot itself is well
adapted for a city of magnitude; in consequence of there being
deep water close along an extended line of shore for the anchorage
of sea-going vessels of any burden; an abundant supply of water
for household purposes; and good drainage.

3. The views which the Lieutenant Governor has so ably
developed, generally coincide with my own impressions on the
subject, and I am satisfied of the soundness of his conclusions.
I have therefore authorized the immediate Survey and sub-division
of the site recommended in his report into building Lots of the
ordinary dimensions, for sale; and the work will be commenced
with all convenient despatch.



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FILE: 1859-02-04_Lytton_to_Douglas_B597014.txt
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No. 14

I have to acknowledge the receipt of your Despatch No 35 of the
27th November, and to convey to you my approval of the measures you
adopted in sending the detachment of Royal Engineers under Captain Grant
without delay to Fort Langley.

I also approve of the other proceedings reported in your Despatch.



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FILE: 1859-02-05_Douglas_to_Lytton_B59094.txt
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No. 94

I have the honor to acquaint you that although no Executive
Council for British Columbia has, as yet, been formally appointed,
still I have called to my assistance Colonel Moody, and Judge Begbie,
as Members of that Council, and we have already met upon several
occassions to confer upon the policy to be pursued, and upon various
measures to be adapted in connection with the future government of
the Colony.



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FILE: 1859-02-07_Cumming_to_Lytton_B595MI03.txt
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Cumming to Lytton

A Petition signed by upwards of a Thousand of the working
men of Glasgow praying to be embodyed into a Band of Volunteers
or Millitia for the New Colony of British Columbia for 5 years,
and to be provided with free grants of land in the Colony and
assisted to create thereon at the termination of their service
the same as was done with the Germans at the end of the late
war with Russia, was transmitted to Her Most Gracious Majesty
throu the hands of His Grace the Duke of Hamilton &ca.
No answer ever having been received from His Grace altho
writ[t]en to and no acknowledgement of the letter I have been
instructed to make enquiry at you if such a Petition was
received by you on behalf of Her Majesty or if you know that
such was presented to Her Majesty, also the answer if
presented or Received. Hoping to have an answer by return of Post.



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FILE: 1859-02-07_Douglas_to_Lytton_B59095.txt
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No. 95

There remains nothing of much importance to communicate by
the present Mail respecting the state of British Columbia, as
I have already mentioned to you the return of the Lieutenant
Governor to this place, and result of the expedition to Yale.

2. I have not yet received a return of the Expenditure
incurred for the conveyance of the Troops, and the transport
of the Stores for the use of the Expeditionary force employed
on that occassion, but I understand that the outlay has been
considerable; caused in a great measure by the high rates paid
to the River Steam Boats, for passengers and transport, a species
of imposition to which the Government will inevitably be exposed
on all occasions whenever Troops or Stores are moved, as may be
often necessary, from place to place in the Colony, until such
service can be performed without the intervention of the Steam Boat.

3. To limit and fix by enactment, the rates chargeable on
stores and passages for public account on Fraser's River, would
be an impolitic and perhaps oppressive interference with private
rights. I have therefore to propose another measure which will
be equally effective in protecting the public interests, while it
will probably also be less repugnant to public feeling, and more
compatible with the true dignity of Her Majesty's Government.

4. That measure would be either to purchase, or build in
this country, a strong powerful River Steamer for the public
Service of British Columbia.

5. The first cost of a Boat adapted in all repects for that
Service would not exceed the Sum of £10,000 Sterling. Her current
expenses for maintenance would be inconsiderable, as beyond a very
small regular crew. To keep her in perfect order, she might be
manned on occasions of emergency from any of Her Majesty's Ships in Port.

6. A Boat adapted of that Class well manned, and armed with two
serviceable guns, would perform all the public transport, protect the
revenue, and command every Mining Bar on Fraser's River below Fort Yale, and to Port Douglas on the Harrison's River. She would thus
become an invaluable instrument, if necessary, for reducing the
refractory to obedience and restoring the authority of the Law.

7. The importance of having means at our disposal for the rapid
conveyance of Troops on Fraser's River has been long apparent, and
I was restrained from providing such means only by the fear of being
plunged into financial difficulties.

8. I am of opinion that our attention should be immediately
diverted to that object, and providing the measure meets with the
approval of my Executive Council, we shall probably undertake without
delay the construction of a Vessel for the navigation of Fraser's
River, such as I have described, trusting to defray the cost of her
construction out of the Revenues of British Columbia, and, should
they prove insufficient to meet that and other public expenditures;
that Her Majesty's Government will, in such a case, protect any Bills
we may be compelled to draw on the Lords Commissioners of the
Treasury, in order to cover any temporary deficit so caused.

9. Before closing this subject I beg further to observe that
the River Steam Boat herein referred to, is not intended to supercede
the demand made in my Despatch No 37 of the 27th November Last,
for Two small Boats of light draught, which are intended more especially
for coast service, and are probably from their build and small steam
power not adapted for river service.

*

10. Advices have been received from Fort Yale to the 26th
of January.

11. Mr Commissioner Brew reports that he had succeeded in
collecting the Miner's Licence Tax on Hills Bar, amounting to
292 1/2 Dollars, and that 150 Dollars for a Licensed House was to be
paid a few days afterwards, and the collection of the Miner's
Licence was to be further continued on the other Mining Bars.

12. Mr Brew suggests a reduction of the Mining Tax to
quarterly payment of 25/s by every Miner, instead of the present
Monthly Tax of 21/s on each claim holder, and other modifications
of the Mining Regulations which will have due consideration.

13. It also appears that the Trading Licence at Fort Yale
with two exceptions, had all been paid for the previous month.

14. Mr Brew also reports that the migration of miners to
the interior country beyond Fort Yale had commenced on an extensive
scale, several crowded Boats from below, having passed on the
25th and on the previous day a great number of men had started
from Fort Yale, by land and in Boats for the Fountain, for Bridge
River, and for the Canoe Country. Mr Brew is of opinion that
5000 Miners will soon be collected in those Districts, and
recommends the appointment of an Assistant Gold Commissioner
to be stationed at the Fountain.

15. Mr Brew's report contains nothing further of importance.

16. The numbers of the Victoria Gazette, as per margin

**

are forwarded for your information.



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FILE: 1859-02-07_Lytton_to_Douglas_B597015.txt
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No. 15

I have received your despatch of the 11th of December No 49,
reporting the appointment of certain public officers, therein named, to
situations in VanCouver's Island.

I have no objection to offer to these nominations, it being
distinctly understood not only that the Salaries of the officers in
question are defrayed from the resources of VanCouver's Island, but
that they in no degree interfere with the appointments I have found it
necessary to make in British Columbia.



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FILE: 1859-02-07_Lytton_to_Douglas_B597016.txt
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No. 16

I have had under my consideration your Despatch No 7 of the
27th of October, on the disposal of public land in VanCouver's
Island and in British Columbia.

The lowest price of Country lands in VanCouver's Island would
appear to have been £1 per acre, and I think that the same may with
propriety be adopted in Frasers River and the other Mining Districts for
which you have suggested the adoption of this price. I shall not object
to your naming, if you see good practical reasons for that course either
in order to increase the attractions to new Settlers or on account of
the rates charged for Land in the adjacent territory of the United
States, a lower upset price than £1 for ordinary Country lands in other
Districts, but I think that any such price should be general so as not
to have a great variety of rates, and I would also point out to you that
great caution should be exercised in introducing such distinctions, lest
by creating artificial inducements, they should interfere with the
course of settlement which would be dictated by the natural advantages
of the Country.

One principal question raised in the Report which you have
furnished is whether to adopt the plan of Sale by auction or that of
sale at a fixed price. The advantages of Sale by Auction is that it
forms the best available precaution against parting with the land at an
inadequate price, and that it conclusively prevents both the occurrence
and even the suspicion or imputation of any favoritism or irregularity
in the disposal of the public property. The objections to auction are
that it may discourage enterprize by exposing the discoverer of eligible
lands to be outbid at their Sale, and that unless well regulated it may
involve a delay in affording purchasers an opportunity to obtain the
lots they desire. Looking however to the inestimable advantage of
perfect confidence in the purity of the land administration, My own
opinion is that Sale by Auction is the best system, and that most of the
objections to it might be obviated by the adoption of a rule which is
very common in other Colonies, namely, that ordinary Country lots, after
once they have been exposed to Sale and not purchased, may be bought by a
fresh applicant at the upset price as a fixed price. This you will
observe will always afford a large quantity of Common land ready for
appropriation by any Settler who is unwilling to wait for a periodical
auction.

The reasons for submitting lots to competition are, I need scarcely observe, doubly strong in the case of town or suburban lots.

Another question of importance, and one on which a flood of light
has been thrown by experience in other Colonies, is whether payment for
the land should be prompt or on the contrary allowed to be made in
instalments. I have not a doubt myself, from the wide experience which
has been acquired on this subject, that prompt payment is the proper
rule. It is the best indication of a purchaser's being really possessed
of means to cultivate his lot, it avoids harrassing the Government with
the existence of a whole population of small debtors from whom it is next
to impossible to collect their dues, and above all it maintains a
sounder state of Society by not encouraging the premature conversion
into petty and impoverished land owners of those who ought to be
Laborers.

The size of lots is a matter which I must leave you to determine
with the advice of Coll Moody, merely stating that I do not myself see
any objection to adopting for Country lots one sixth or one eighth of a
square mile, that is to say 70 or 80 acres. The last mentioned size was
adopted with much convenience in creating the flourishing settlement of
South Australia. Town lots should of course be much smaller so as to
suit the convenience of Purchasers. In most new Colonies formed within
the last 20 years, such lots have produced very high prices, seldom
falling below a rate which would amount to £100, and often reaching that
of £1000 per acre.

The reservation of Mineral lands, and the disposal of them on
different terms from Agricultural lands are proper. In respect to Coal
and the baser metals the best arrangement would probably be to
established liberal regulations for encouraging explorations and for
leasing to the discoverer lands under which Minerals may be discovered
for a certain period and at a certain small royalty. In several Colonies
the terms for Mineral lands are, a Lease of 21 years at a Royalty of
1/15th Whether those terms would be sufficiently favorable in
British Columbia, or whether it would be desirable to make them easier by
postponing the payment or reducing the amount of the Royalty, I leave it
to you to decide. I mention them only as shewing what has been
considered fair to all parties in other of the British Colonies. But it
is obvious that the Revenue to be derived from such lands is not the
most important element of the question, and that it should not be allowed
to interfere with whatever may be necessary to stimulate the development
of the natural resources of the Colony. In case of more than one
application for the same Mineral land the lease should be put up to
auction, the biddings being, not on the amount of rent or royalty, but
on a premium to be paid down for the lease.

Auriferous lands are distinct from what are usually termed Mineral
lands, and must be dealt with on different principles. In the case of
Coal and the baser Metals the possession passes to the Owner of the
surface soil unless a special reservation is inserted in the Crown
Grant. In the case of Gold and silver the right remains in the Crown
whether there is any reservation in the grant or not. I do not feel
that much assistance can be afforded to you in this matter by any
suggestions from home. The question to be decided is not so much what
is the best mode of dealing with auriferous lands and securing a revenue
from Gold digging, as what is the most practicable and satisfactory plan
having regard to the means at the Governors disposal. Upon this point
resident authorities alone can form a competent opinion.

I refer you to my former Despatch of the 14th October as to my
own anticipations of the difficulties to which sooner or later the system
of licences for digging is exposed, but unquestionably so long as these
difficulties do not occur, the system has the advantage of promptitude
in the collection of a Revenue. I have been glad to observe in your
Despatch of 14th December that your experience already bears out the
opinion I before conveyed to you, as to the great fiscal resource to be
found in a duty on Gold exports.

The time at which a trigonometrical survey may be commenced
consistently with any more urgent demands on the Surveyors for the
practical wants of Settlers, is a question which will best be determined
by you on the advice of Colonel Moody.

The publication of Maps and of other information concerning the
lands open for settlement will be very useful, and you will no doubt
furnish the Home Government with Copies of all such documents.

The establishment of a series of meteorological observations will be
much facilitated by the presence in the Colony of a body of educated Officers and Men, to many of whom, probably such observations are
familiar.



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FILE: 1859-02-07_Lytton_to_Douglas_V597015.txt
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No. 15

I have received your despatch of the 11th of December No. 49,
reporting the appointment of certain public officers, therein named, to
situations in Van-Couver's Island.

I have no objection to offer to these nominations, it being
distinctly understood not only that the Salaries of the officers in
question are defrayed from the resources of Van-Couver's Island, but
that they in no degree interfere with the appointments I have found it
necessary to make in British Columbia.



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FILE: 1859-02-07_Murdoch_to_Merivale_Permanent_Under-Secretary_B595LN03.txt
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Murdoch to Merivale (Permanent Under-Secretary)

I have to acknowledge Mr Elliot's letter of 3rd
instant, enclosing a Despatch from Governor Douglas with a
report of a Sale of Town Lands at Old Fort Langley in British Columbia.

2. The Governor states that the site of Old Fort Langley
being well suited for a Town site, he had had it laid out, to
the extent of 900 Acres, in Lots of 64 x 120 feet, or nearly
one sixth of an Acre each, that these lots had been put up to
Auction at an upset price of 100 Dollars or £20.16.8. each,
that 187 Lots were sold on the first day and 155 on the second
day, the highest price being 725 dollars or £157, the lowest
100 Dollars, and the whole sum realized about £13000
(stated more precisely by the Surveyor General at £14.583.6.8),
that 10 per cent of the purchase money was paid down, and that
the remainder was to be paid in the course of a month. The
Governor further states that the sale was to be resumed on
the 1st of December, but as his Despatch is dated 29th
November the result of that sale could not be known. In the
Surveyor General's Report it is added that the actual number
of purchasers was 165 but that many of these acted as Agents
for others, and he, therefore, considers that between 400 and
500 persons have by this sale acquired an interest in the
proposed Town.

3. Governor Douglas is fairly entitled to describe this
result as highly satisfactory. His arrangements for laying
out the Town site and for disposing of the lots appear to
have been very judicious, and I have no suggestion to make
in regard to them. I presume that Sir E. Bulwer Lytton
will express his approval of Governor Douglas' proceedings.

4. The Governor adds that much anxiety being felt by
Foreigners as to the rights of Aliens in the acquisition of
Land in British Columbia, he had published a Memorandum,
which he encloses, and which he had caused to be publicly
read and circulated, explaining the state of the Law in
the United Kingdom and in British Columbia, and expressing
his intention to propose a measure which would secure to
aliens the full enjoyment of any Land they might purchase
during 3 years, at the end of which time they must either
become naturalized or part with the Land to British subjects.
I am not aware of any objection to the arrangement proposed
by the Governor, but the present state of the alien Law in
Canada is rather more favorable to Aliens, and as it may be
inferred from its repeated relaxations that it has not been
found to act injuriously in that Province, it might perhaps
be adopted without risk in British Columbia. By the
Canadian Law Aliens are capable of holding and disposing of
Land in that Province in the same manner as natural born
subjects of Her Majesty, and after a continued residence
of three years are entitled to a Certificate of Naturalization
on taking certain Oaths or Affirmations of residence and
allegiances and persons so naturalized enjoy and transmit
to their heirs all the rights and capacities of Natural
born subjects. Aliens, therefore, under this Act would not
be liable to be deprived of their Land after the expiration
of 3 years, should they neglect or decline to take out
certificates of naturalization.

5. The Acts in which the Alien Law of Canada is
comprized are the 12th Vict. Cap 197, and the 22nd
Vict. Cap 1. I would submit that copies of those Acts
should be communicated to Governor Douglas for his
information and assistance.



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FILE: 1859-02-07_Young_to_Lytton_B595MI05.txt
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Young to Lytton

I am instructed by the Treasurer and Committee to write
and ask if you will permit a parcel of the "Methods
of treatment," as adopted by this Society for the recovery
of persons apparently drowned, to be sent in the Despatch
bag to Vancouvers Island for the purpose of distribution amongst
the Settlers both there, and on the Fraser River.

Trusting you will kindly accede to this request.



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FILE: 1859-02-08_Douglas_to_Lytton_V59003.txt
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No. 3

I have the honor to report to you that on the 10th January last
I appointed Mr George H. Heaton, to the office of Sheriff for
Vancouver's Island.

2. Mr Heaton was introduced to me by your letter of the
1st October last,

*

and I was very glad to be able to confer this appointment upon
him, as well as to have a person on the spot so well
recommended, and apparently so well fitted for the discharge of
the duties appertaining to it.



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FILE: 1859-02-08_Hamilton_to_Merivale_Permanent_Under-Secretary_B595TE05.txt
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Hamilton to Merivale (Permanent Under-Secretary)

With reference to Sir E.B. Lyttons letter of the 1st
Inst, I am commanded by the Lords Commissioners of Her
Majesty's Treasury to acquaint you that the Paymaster General
has been authorized to pay to Mr P. Smith Chief Clerk of
the Colonial Office the sum of £50.14.8. to meet the charges
of passing Letters Patent under the Great Seal erecting
British Columbia and Vancouver's Island into a Bishops See and
appointing the Revd George Hills D.D. to be Bishop
thereof.

The Vouchers are herewith returned.



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FILE: 1859-02-08_Lytton_to_Douglas_B597017.txt
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No. 17

I have to acknowledge the receipt of your [Vancouver Island]
Despatch No 50, of the
7th of December last, relative to the claims of the Hudson's Bay
Company to Lands adjoining their trading Establishments in British
Columbia.

I have to refer you to my Despatch, No 42, of the 16th
November,
and I await the full report which I have called for from you upon this
subject. I should also wish before deciding on these claims to receive
a report through you from the Commissioner of Crown Lands, and I request
therefore that you will consult with Colonel Moody in the matter.



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FILE: 1859-02-08_Morgan_to_Lytton_B595MI04.txt
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Morgan to Lytton

As President of the Society of Solicitors before the Supreme
Courts of Scotland, I beg on behalf of the Society, to make the
present communication.

The Society was Incorporated by Royal Charter in the Reign
of his Majesty George the III, in the year 1797; and by that
Charter the Members are entitled to act as Agents and Solicitors
before all the Supreme Courts in Scotland.

The Entrants, after being examined, and found qualified,
are admitted, and sworn in by the President of the Court of
Session. At present the number of Members of the Society is
upwards of Two hundred and Seventy, and they conduct more
than one half of the Business before the Superior Courts of Scotland.

Hitherto the Members of the Society have been found entitled
to & have acted as Attornies or Solicitors in all the
Colonial Courts of Law, and it is not without suprise that
they observe it stated in the Times Newspaper of the 19th ultimo,
that they have been excluded from practising as Solicitors before
the Supreme Court of Civil Justice of the Colony of Columbia.
This surprise is encreased when they see it stated in the same
Newspaper that Writers to the Signet are to be entitled to act
in that Court.

In Court proceedings in Scotland the Society of Solicitors
are entitled to, and enjoy the same powers and privileges as the
Writers to the Signet, and on what principle they are excluded
from practising in the Columbian Courts, they are at a loss to
know; and therefore I have been requested to enquire if the
Report in the Times Newspaper be correct; and if so, to ascertain
the  catch of the Solicitors being excluded from acting in
the Columbian Court.



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FILE: 1859-02-08_Nicholls_to_Lytton_B596N01.txt
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Memo, Nicholls to Lytton

Mr Nicholls, Secretary of Greenwich Hospital presents his
compliments to Sir Edward Bulwer Lytton and trusts he may be excused
in trespassing upon Sir Edward's time in venturing to recommend to
his notice and consideration Mr Henry Ball, late Captain in Her
Majesty's 11th and 55th Foot, who is desirous of obtaining an
appointment in British Columbia or Vancouver's Island in any capacity
in which his services can be turned to account.

Captain Ball has been 15 Years in the Army, from which he has
recently retired, and is now only 33 Years of age, but having a Wife,
and increasing family with disappointed hopes of future, he is desirous
of occupation. Captain Ball has the experience of some Ten years
Colonial Service in New South Wales & Van Dieman's Land, and gained
much credit when in Command of a detachment of the 11th Regt
employed for some months at the Gold diggings.

Captain Ball was selected by his Commanding Officer, Colonel
Blumfield, to assist in the organization of a Mounted Police Force,
in which he afterwards held a Command for a considerable time, and
can produce testimonials as to character and ability. Captain Ball
is not particular as to the nature of the employment in British
Columbia, but it occurs to Mr Nicholls, that his Military
experience of 15 Years, knowledge of the Australian Gold Countries
and having held a Command in a Mounted Colonial Police Force, he
might be found useful in a newly established Colony.

Mr Nicholls is induced to trouble Sir Edward on behalf of
Captain Ball, with whom he is connected by marriage, from having a
nephew at Vancouver's Island, as an Officer of H.M. Ship Satellite,
who speaks most favorably of the rising Colony.



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FILE: 1859-02-09_Douglas_to_Lytton_B59096.txt
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No. 96

I beg to submit to you herewith the Copy of a Paper I
have received from the Chief Commissioner of Lands and Works
in British Columbia, containing some notes made by him upon
various subjects connected with his Department, and the
employment of the detachment of Royal Engineers to carry out
the duties of that Department.

2. I forward this Document to you, as I deem it may be
of interest, and it will serve to convey to you the exact position
in which we are placed with regard to the Surveying and other
important operations which it is so desirable should be prosecuted
with the utmost vigour to expedite the development of the Country, so
that the advantages which must result therefrom may be reaped at the
earliest period practicable.

3. I would desire to request your attention to the following
points which are brought to my notice by Colonel Moody.

4. He states that the Surveying Party of his Detachment,
drawn from the Ordinance Survey Department in England, and specially
spared for the service, though few in number would, with the addition
of a first rate draughtsman, be very capable, and would be valuable
for laying out Towns, and in surveying lines of communication
throughout the Country, determining trigonometrical points for
the general survey, and more particularly for checking the accuracy
of Civil Surveyors, whom it will be necessary to employ to lay
out the rural allotments; for the Survey Party are too few in
number to execute the last description of work, and indeed their
peculiar training for more scientific and careful work would be
thrown away were they employed on such duty. The remainder of the
Detachment, are principally Artificers and will be found a most
useful body of men in executing the Public Works of the Colony,
although from the necessarily numerous pressing requirements of
a new Colony in this particular, this body is too small to meet
all demands, and much must consequently be done by Contract in
Civil labour.

5. Colonel Moody represents the necessity which exists for
the services of a Clerk of the Works, and submits that Sir John
Burgoyne should be solicited to select and to send out such a
person. I beg to add my own approval of this proposition, and
I trust you may see fit to adopt it.

*

6. Colonel Moody also requests that he may be furnished
with the services of a gentleman to act as an Accountant, and
to take charge of the correspondence of the Department.

**

To prevent confusion and to check and regulate expenditure by a lucid
and well kept up system of Accounts are matters of the highest
importance to the Department in particular and to the Colony in
general. I have therefore acceeded to Colonel Moody's request
and have nominated Mr John Miles for the office in question.
Mr Miles is the gentleman referred to in your Despatch of the
25th October 1858, No 33 upon the subject of the grant of a
certain gold quartz vein in British Columbia; he is well fitted
by previous training for an appointment of the nature described,
and he is on the spot desirous of obtaining Government employment.



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FILE: 1859-02-09_Douglas_to_Lytton_B59097.txt
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No. 97

I have the honor to acknowledge the receipt upon this date
of your Despatches of the Numbers and Dates as particularized on
the other side hereof.

*



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FILE: 1859-02-09_Douglas_to_Lytton_V59004.txt
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No. 4

I have the honor of transmitting herewith for your information
my correspondence with the House of Assembly of Vancouver's
Island on the public business of this Colony.

2. The subjects referred to in that correspondence are not of
an important nature with the exception of that marked Letter I
dated 5th February 1859 which touches on the subject of the
land reserved near to the Town of Victoria for the benefit of
the Native Indian Population.

3. Attempts having been made by persons residing at this place
to secure those lands for their own advantage by direct purchase
from the Indians, and it being desirable and necessary to put a
stop to such proceedings, I instructed the Crown Solicitor to
insert a public notice in the "Victoria Gazette" to the effect
that the land in question was the property of the Crown, and for
that reason the Indians themselves were incapable of conveying a
legal Title to the same, and that any person holding such land
would be summarily ejected.

4. In my communication before referred to you will perceive
that I have informed the House of Assembly of the course I
propose to adopt with respect to the disposal and management of
the Indian Reserve at Victoria, that is, to lease the land, and to apply all the proceeds arising thereupon for the exclusive
benefit of the Indians.

5. I have but little doubt that the proposed measure will be in
accordance with the views of Her Majesty's Government, and I
trust it may meet with their approval, as it will confer a great
benefit on the Indian population, protect them from being
despoiled of their property, and will render them self
supporting, instead of being thrown as outcasts and burdens upon
the Colony.



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FILE: 1859-02-09_Douglas_to_Lytton_V59005.txt
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No. 5

I have duly received your Despatch of the 5th October last No
27, acknowledging receipt of my Despatch of the 13th August No
33, enclosing copies of correspondence with the House of
Assembly of Vancouver's Island and conveying to me your
sentiments respecting the faulty state of the Prison, and
trusting that measures might be carried out to remedy the evil.

2. The subject is one which has caused me much thought and
uneasiness, and it has weighed heavily upon me from the fact of
my being powerless for want of means to effect a change.
However as I feel now well assured from the tenor of your
Despatch, of the assistance of Her Majesty's Government, I have
taken immediate steps to give effect to my own wishes in the
matter, and I shall forthwith cause a Prison to be constructed,
and accommodation provided for Prisoners that I trust will
result in a report of a very different character from that to
which you refer, and which I sincerely regret there should ever
have been occasion to frame.



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FILE: 1859-02-09_Hammond_to_Merivale_Permanent_Under-Secretary_B595FO06.txt
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Hammond to Merivale (Permanent Under-Secretary)

I am directed by the Earl of Malmesbury to transmit to
you, for the information of Secretary Sir E. Bulwer Lytton,
a copy of a despatch from Her Majesty's Minister at Washington,
reporting a conversation with General Cass relative to
Mr Nugent, the late Agent of the United States in British
Columbia, and inclosing a copy of a memorandum which he had
unofficially placed in General Cass' hands respecting the
rights of foreign Miners as laid down by the State Legislation
of California.



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FILE: 1859-02-09_Hudson's_Bay_Company_to_Colonial_Office_V595HB02.txt
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Hudson's Bay Company to Colonial Office



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FILE: 1859-02-09_Lytton_to_Douglas_B597018.txt
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No. 18

I have received your [Vancouver Island]
despatch, No 44, of the 13th of October
relative to the sale of Town lots at Victoria and Van Couver's Island
and to the precautions requisite in order to prevent the appropriation
of such lots by persons who have not the intention or the requisite
means to make substantial improvements.

The explanation which you have afforded of past transactions on
this subject is satisfactory. I see no reason to suppose that anything
has yet taken place which is calculated to interfere with the prosperity
or settlement of Van Couver's Island.

You have, however, judged very rightly in believing it to be of
paramount importance in a new Colony to guard against mere speculative
purchases of land. So far as regards Town and Suburban Lots, one
effectual security will be provided by only disposing of them, as is
directed in another despatch from me by auction and at a substantial
upset price.

The attempt to impose conditions of settlement on purchasers of
land has failed in every Colony where it has been tried, both in
Australia and in North America. The opportunities of evasion are too
numerous to be counteracted, and the Government only finds itself
engaged in a hopeless conflict with the entire body of occupants of
land. But your own consideration of the subject has led you to think of
one remedy which has been most efficient in those countries where it has
been tried vizt a tax upon lands. This tax you would apparently lay
on unimproved lands only. This however, has been found open to the
objections, first, that debates may arise as to the definition of
unimproved land, and secondly, that a resident Legislature may possibly
enforce the measure too stringently against absentees by raising such a
tax to an undue amount. Both objections are obviated by a general tax
on all lands whatever, whether improved or not. It may be made so
moderate as to be scarcely felt upon lands which are really occupied,
whilst nevertheless it must fall very heavily on any extensive tracts
held by speculators with no other motive than the hope of some future
rise in the general value of land. The measure as I have thus described
it, is one applicable to all lands whatever. In the case of town and
Suburban allotments, a somewhat higher rate would be requisite in order
to get rid of mere speculative occupants, but then it may be supposed
that in such situations higher rates would at all events be required, and
be appropriate, for the improvements of the town and neighbourhood.
They would be under the management of local Municipalities when such
should be created in the progress of time, and in the meanwhile they
might be created, if it should be found expedient, under the authority
of the Executive Government.

I have thrown out these general views, derived from the large
experience which has been acquired in the course of the last 30 years in
the formation of new Settlements, for your information, and in order
that you may have an opportunity of using them as far as you may find
them applicable to the wants of your Government; but I am well aware how
much must depend on the varying circumstances of different colonies,
and it is not my wish in the remarks which I have made to dictate any
precise measure or to fetter your discretion.



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FILE: 1859-02-09_Lytton_to_Douglas_B597019.txt
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No. 19

I transmit to you, herewith, the copies of a correspondence which
took place with Colonel Moody while in this Country, and with the
Treasury, respecting the pay of the officers and men of the British
Columbia expedition. From this correspondence, you will perceive that
the Lords Commissoners of the Treasury have consented that the men
shall be placed on the same footing as the men of Lieutenant Colonel
Hawkin's party as regards their receiving pay before embarkation, and
that the Colonial pay of the officers shall commence from the dates at
which they ceased to receive their extra Military allowances in this
Country. As, however, the War Department are at present unable to state
precisely these dates, the advance of 120 days Colonial pay made to the
officers, of which I apprized you in my despatch No 45 of the 19th
November, must be computed from the dates of their embarkation, and any
claim which they may have to their allowances previously to embarking
must be left to be adjusted in the Colony. No further issue therefore
of Colonial pay will be made in this Country. I annex a memorandum of
the dates at which the officers embarked.

I request that you will communicate this despatch to Colonel Moody
for his information and guidance.



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FILE: 1859-02-09_Lytton_to_Douglas_V597018.txt
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No. 18

I have received your despatch, No 44, of the 13th of October
relative to the sale of Town lots at Victoria and Van Couver's Island
and to the precautions requisite in order to prevent the appropriation
of such lots by persons who have not the intention or the requisite
means to make substantial improvements.

The explanation which you have afforded of past transactions on
this subject is satisfactory. I see no reason to suppose that anything
has yet taken place which is calculated to interfere with the prosperity
or settlement of Van Couver's Island.

You have, however, judged very rightly in believing it to be of
paramount importance in a new Colony to guard against mere speculative
purchases of land. So far as regard Town and Suburban Lots, one
effectual security will be provided by only disposing of them, as is
directed in another despatch from me by auction and at a substantial
upset price.

The attempt to impose conditions of settlement on purchasers of
land has failed in every Colony where it has been tried, both in
Australia and in North America. The opportunities of evasion are too
numerous to be counteracted, and the Government only finds itself
engaged in a hopeless conflict with the entire body of occupants of land.
But your own consideration of the subject has led you to think of one
remedy which has been most efficient in those countries where it has
been tried viz a tax upon lands. This tax you would apparently lay on
unimproved lands only. This however, has been found open to the
objections, first, that debates may arise as to the definition of
unimproved land, and secondly, that a resident Legislature may possibly
enforce the measure too stringently against absentees by raising such a
tax to an undue amount. Both objections are obviated by a general tax
on all lands whatever, whether improved or not. It may be made so
moderate as to be scarcely felt upon lands which are really occupied,
whilst nevertheless it must fall very heavily on any extensive tracts
held by speculators with no other motive than the hope of some future
rise in the general value of land. The measure as I have thus described
it, is one applicable to all lands whatever. In the case of town and
Suburban allotments, a somewhat higher rate would be requisite in order
to get rid of mere speculative occupants, but then it may be supposed
that in such situations higher rates would at all events be required and
be appropriate, for the improvements of the town and neighbourhood.
They would be under the management of local Municipalities when such
should be created in the progress of time, and in the meanwhile they
might be created, if it should be found expedient, under the authority
of the Executive Government.

I have thrown out these general views, derived from the large
experience which has been acquired in the course of the last 30 years in
the formation of new Settlements, for your information, and in order
that you may have an opportunity of using them as far as you may find
them applicable to the wants of your Government; but I am wll aware how
much must depend on the varying circumstances of different colonies, and
it is not my wish in the remarks which I have made to dictate any
precise measure or to fetter your discretion.



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FILE: 1859-02-10_Berens_to_Lytton_V595HB03.txt
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Berens to Lytton

I have the honor to acknowledge the receipt of Mr Under Secretary
Merivales letter of the 24th ulto. accompanied by Copies of a
Correspondence between him and the Secretary of the Admiralty and
requesting this Company to take such steps as may be in their power
to forward the wishes of the Lords of the Admiralty.

In answer I beg to state that Thetis Island was included in a Sale
made by Governor Douglas early in 1856 before he was in receipt of
the Communications addressed to him by this Company desiring that no
further sales should be made of Land in the Esquimalt District. The
Sale in question was of 24 acres including the Island and produced
£24—which sum is included in the return of Sales made by the Company
to the Colonial Office.

*

The Sale by Auction which is referred to in the letter of the
Secretary of the Admiralty to Mr Merivale of the 17th ulto. was not
made by this Company or any one acting for them but must have taken
place in connection with the purchase made in the early part of 1856
before referred to.

We are aware that in the correspondence
that has taken place on this subject it has been stated that the
Government or those representing them had been in actual possession
of Thetis Island for a considerable time before the grant to this
Company—but it is clear that Mr Douglas had no knowledge of such
occupancy or he would not have disposed of it and it is equally clear
that this Company was unrestricted as to the Sale of any Land
included in the grant to them except what was required for Public
purposes or for Naval establishments but then as suggested by Mr
Merivale's Letter to the Secretary of the Admiralty of the 31st
March last it was incumbent upon the proper authorities to give
notice to this Company that any portion of the Land was so required
and till such Notice was given the authority of the Company to sell
was without restriction.

I regret very much that the intimation given to this Company to that
effect by Mr Merivale's letter of the 14th November 1855 was not
received in time to have enabled them to have prevented the Sale of
the Land in question. They at one time had supposed that the object
had been attained, but their subsequent Communications with Mr
Douglas have put it beyond all doubt that the Island in question had
been sold before he had received the instructions of the Directors of
this Company to abstain from any more Sales in the Esquimalt
District.



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FILE: 1859-02-10_Douglas_to_Lytton_B59096PR.txt
================================================================================

Private

I received last evening your private Despatch of the 16th
December, 1858, in reply to mine of the 4th October, upon the
subject of my accepting the office of Governor of British Columbia,
under certain specified conditions.

The perusal of your Despatch has caused me much sincere
pleasure from the kind and gratifying manner, in which you the
Chief Minister of the Crown, for the Colonial Department, are pleased
to express your opinion of my humble services in endeavouring to
maintain, with slender means, the honor and dignity of Her Majesty's
Government in this country; at the same time I will not conceal from
you that it has given rise to deep and anxious thought because I fear
being guilty of an injustice to my family if I abandon a certain
competence for the slender salary, which you represent you will alone
be able, at the present moment to accord to me.

Believe me sir that I deeply appreciate the frank and courteous
manner in which you have done me the honor to address me, and I assure
you most earnestly that in appealing to you upon the matter of salary
I do so from no sordid motive, but solely in order that I may support
the dignity of my office in a manner becoming the country which I
represent, without despoiling my family by making inroads on my
private means, to sustain the credit of my office, and of my
government. Indeed I feel confident that such a course could neither
be contemplated nor desired by Her Majesty's Government, for it
would, in fact, be placing me in the position of holding office, under
the sufferance of contributing a certain yearly sum to its due support.

I am induced by the kind manner in which you have now addressed
me, to place the entire case of my circumstances and position before
you, with the hope that you will bestow consideration upon it from my
point of view as well as from that in which it presents itself to you.

It will be admitted that men filling high public stations are
expected to maintain a style of living suitable to their rank and
position, and moreover that their influence as public men is
increased and extended in all countries, by a decorous attention to
external appearances. That observation applies with peculiar force
to a country like this where gold is the pervading subject of every
ones calculations and of every ones thoughts, and where money is so
plentiful and prices so high, that no European standard can be applied
with either force or reason.

Such being the case you will I am sure Sir admit that as
Governor of a Colony which now claims so much attention and subject
to all those influences, I cannot restrict my expenses as I may
desire. I cannot retire into seclusion, I must as I do now strive
to maintain the high position I am entrusted with in a creditable
and befitting manner. To do this upon the salary offered to me I
draw largely and frequently upon my private resources. I am willing
to make any personal sacrifice; but when with this is involved the
impoverishment of those dependant upon me for support, the question
becomes so serious that it must be treated wholly by itself, and
without reference to other considerations, and it therefore now
much perplexes and distresses me. I must indeed frankly state that
I have in consequence of that feeling assumed the position of
Governor of British Columbia with reluctance upon the conditions
required of me while the salary, proposed is so wholly inadequate
to defray my probable nay certain expenses.

I observe the prospect you hold out of a large increase being
accorded, provided the revenues of the Colony will justify it. I
feel confident in my own mind that those revenues will justify it;
but at present it is rendering me dependent upon a contingency, and
not upon a certainty, and you will pardon me Sir, if I candidly
express my opinion, that this is hardly just to me, after requiring
that I should abandon a more lucrative income, and at the same time,
relinquish a most desirable investment for my capital.

I now unreservedly place before you in as summary a manner
as possible, an exact synopsis of my case.

On the one hand, my connection with the Hudson's Bay
Company, as its principal Officer, in this part of the world affords
me, including a free House, servants, table expenses etc, the full
equivalent of a salary of £2000 per annum, and an amount of interest
for my invested capital which I can obtain no where else, with the
same security.

I have toiled for many years; and now, continuing my interest
in the Company, I am able if I wish, to retire into private life,
and to pass the remainder of my days in peace upon an income in
every way sufficent to my wants.

On the other hand I am required wholly to relinquish all
these advantages, and I am offered in return the Governorship
of a Colony just emerged into the world, requiring in this its
earliest infancy the exertion of every faculty for the proper
administration of its affairs, and consequently, entailing a life
of unceasing toil and anxiety, and I am to struggle to maintain
my own dignity, the credit of my office and the character of my
country upon a salary which is scarce sufficient to enable me to
continue to support myself and family in even the modest manner
to which we have been accustomed.

I am sure Sir, you cannot fail to be forcibly struck with the
glaring contrast of these two positions, and they cannot I must
confidently submit be regarded as just to myself. I emphatically
repeat I desire no accruing advantages. I simply desire to be
secured from loss.

I deeply esteem the honor that has been done me, I deeply feel
your own valuable personal estimation of my sevices, and I
appreciate to the full the proud and high distinction of being
selected to administer the Government of a Colony where more than
usual prudence is required, and more than usual exertion demanded
to successfully prosecute the conduct of affairs; and I am you may
rest well assured, Sir, in no way ignorant that such distinction is
far removed from any pecuniary valuation, and I trust you will not,
for one moment, misunderstand the object of this appeal to you,
but will believe that the weighty reasons I have given do alone
induce me to make it.

I leave my case with confidence in your hands, I trust in
all that I have said you will not find anything to lead you to
imagine that I am attempting to make terms. Nothing can be further
from my intentions. I have merely endeavoured to represent as
clearly as possible how inadequate the salary offered me is to the
position in which I am placed. That I must have the means of
subsistence, and that the emoluments of my office ought to furnish
them, cannot be controverted; and therefore if, after the
representation I have made, you still regard yourself as not in
position to ask from Parliament a larger salary, and pardon
me if I venture the opinion that the consideration of
what I relinquish, would most justly warrant such an application,
I trust you will authorize some compensation, either as table allowance
or otherwise, to be made until the prospective enlargement of the
actual salary may be accomplished, and so that my private fortune
may not be compelled to suffer for no advantage of my own.



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FILE: 1859-02-10_Douglas_to_Lytton_B59098.txt
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No. 98, Military

With reference to your Despatch of the 9th December last
No 50 I have the honor to acquaint you that I have duly
communicated to Colonel Moody the correspondence forwarded by you
respecting Corporal Spackman of the Royal Engineers.



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FILE: 1859-02-10_Douglas_to_Lytton_B59099.txt
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No. 99, Commercial

I have received with due attention your Despatch of the
10th December l858, No 51, forwarding for my information
the copy of a letter, together with your reply thereto, from
the Secretary to the Bank of British North America, submitting
proposals for the establishment of a Branch of that Bank at this place.



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FILE: 1859-02-10_Hawes_to_Merivale_Permanent_Under-Secretary_B595WA01.txt
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Hawes to Merivale (Permanent Under-Secretary)

I am directed by Secretary Major General Peel to transmit
to you, for the information of Sir Edward Bulwer Lytton, the
annexed extract from Lloyd's List, which has been communicated
to this Department by the Admiralty, by which it appears that
the "Briseis," one of the vessels employed to convey some Men
of the Royal Engineers and Military Stores to Vancouver's
Island was destroyed by fire at Sea on the 8th December last.



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FILE: 1859-02-10_Houseman_to_Lytton_V596H04.txt
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Houseman to Lytton

Understanding that some appointments in the law are about to be made
in Vancouver Island and it being my intention shortly to proceed
there for the purpose of practising at the bar, I beg leave to be
allowed to bring myself to your notice and to ask for your favourable
consideration in selecting persons to take office there.

I was called to the Bar at Lincolns Inn in June 1852, having
previously been a successful candidate for honours in the voluntary
annual examination then established by the Society of Grays Inn.

Since being called to the bar, though I have chiefly been occupied
with the law of real property and equity, I have for some time past,
studied common law and criminal law with a view of practising in one
of the Colonies.

Annexed I beg to forward a few testimonials to justify and support my
application to you.



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FILE: 1859-02-10_Lytton_to_Douglas_B597019A.txt
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Confidential



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FILE: 1859-02-10_Willmett_and_Sons_to_Lytton_V596W02.txt
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Willmett & Sons to Lytton

We beg respectfully to request of your Lordship information
respecting the Colony of Vancouvers Island. We have made ourselves
acquainted with all that the Books we possess are able to impart and
conceiving your Lordship to
be the proper source for information [we] beg to inquire on what
System or Plan land can be secured to us in [that] Colony. We beg to
state that we contemplate emigrating thither and that [we are] a large
family consisting of 4 Households and shall require [a] tolerable
Large Tract and prudence dictates that the required Land [should] be
ascertained to be good safe and secure in the first place.

Our Business is Ship Building and Repairing Ship Owning & general
Commerce [but] of course Agriculture and the requisite addenda would
be resorted to there [in] addition to our own Trade & whatever other
Business we find convenient or requisite [to do]. We should go out in
our own ship, taking with us all materials for all purposes we
conceive to be useful so far as our means will permit, and on receipt
of [the] required information from your Lordship (which we
respectfully beg you to excuse) [one] of our Party will proceed out
to Select a proper site and report.



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FILE: 1859-02-11_Douglas_to_Lytton_B59100.txt
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No. 100

I have the honor to acknowledge receipt of your Despatch
of the 10th December last, No 52, forwarding a Copy of
a letter from the Lords of the Treasury, accompanied by a
report from the Commissioners of Audit with a Copy of printed
Instructions to Governors of Colonies regulating the mode of
keeping and rendering the Accounts of Colonial Receipt and Expenditure.

2. These Documents shall be forwarded to the Treasurer of British
Columbia, and he will be instructed to conform to the same in his
financial proceedings, in compliance with your directions.



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FILE: 1859-02-11_Douglas_to_Lytton_B59101.txt
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No. 101

I have duly received your Despatch of the 11th December
last, No 53, and the instructions therein contained, in
reference to communicating to Colonel Moody the information
respecting certain Parliamentary papers applied for by him,
shall be strictly attended to.



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FILE: 1859-02-11_Douglas_to_Lytton_B59102.txt
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No. 102

I have received with much gratification your Despatch
of the 15th December last, No 54, acknowledging receipt
of certain of my Despatches, and conveying your thanks for
the explanations furnished respecting the measures I adopted
for establishing the Government of British Columbia and for
maintaining law and order in the Colony.



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FILE: 1859-02-11_Douglas_to_Lytton_B59103.txt
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No. 103

I have the honor to acknowledge receipt of your Despatch
of the 16th December 1858, No 55, forwarding for my
information copy of a letter from Rear Admiral Sir Michael
Seymour, reporting his intention to dispatch Her Majesty's
Ship Tribune from China to Vancouver's Island, with one hundred and
fifty Royal Marines onboard, and I beg to return you my thanks for
your kindness in conveying to me this satisfactory intelligence.



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FILE: 1859-02-11_Isbister_to_Lytton_V596I01.txt
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Isbister to Lytton

I take the liberty of forwarding to you an application, for an
appointment in Vancouver's Island, which I have been requested to
transmit to you by Dr Kennedy of Kingston Canada West.

I am sensible how little claim I can have to your attention in
forwarding Dr Kennedy's application. The only consideration which
could justify my presuming to address you on the subject, is the hope,
that as the interest of the important Colony which it has been
reserved for you to call into political Existence I shall not be
considered as taking an undue liberty in respectfully suggesting the
desirability of conciliating the large & influential section of the
population, represented by Dr Kennedy, by throwing open to them, in
common with other classes of Her Majesty's subjects, a career a career of
usefulness in the public service & thereby identifying their
interests with the progress & good government of the country to which
they belong.

It is a misfortune for the natives of the Hudsons Bay
Territories, that, having no access to the source [of] patronage,
they are deprived of the advantage, which, satisfied of their
fitness, Her Majesty's Government would, no doubt, willingly concede
to them, of a fair share in the distribution of public offices under
the Instructions which it will be their privilege to recieve
at your hands—which they cannot but feel they have fairly earned by
their own persevering efforts & by their intelligence & public
spirit, legitimately & constitutionally exercised, in drawing public
attention to the subject, both in England and in Canada.

I am persuaded that many complications, which may possibly,
hereafter arise, between the white settler and the Indians may be
avoided by adopting, from the outset a generous & conciliatory policy
towards the mixed race, who are at this moment, by their number,
their education and property in the country, the most important
element of the population of the Hudson's Bay Territories, & whose
influence, whether for good or for evil, on the Indian race with whom
they are so closely connected must necessarily be very great. Dr
Kennedy is one of the most favourable specimens of his class with
whom I am acquainted. He has been established for some years in
respectable practice as a Physician in Bath, near Kingston in Canada,
& is Associate Coroner & a Member of the Board of Public Instruction
of the Country in which he resides. I believe him to be well
qualified, to discharge efficiently the duties of the appointment for
which he is a candidate.



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FILE: 1859-02-11_Lytton_to_Douglas_B597020.txt
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No. 20

I have had under my consideration your despatch No 38 of the
29th of November containing a report of the Sale of Town Lands at
old Fort Langley in British Columbia.

I approve of your proceedings in the matter of the sales, of which
the result appears to have been satisfactory.

The measure that you propose respecting Aliens is unexceptionable,
but I may mention to you that the Law on the same subject in Canada is
more favorable to Aliens, and that I should be quite prepared to assent
to the extension of similar provisions to British Columbia, if you
should see no objection. I enclose for your information Copies of the
Canadian Acts which regulate this matter. By these Acts you will
perceive that Aliens are capable of holding and disposing of land in the
same manner as natural born Subjects of Her Majesty, and after a
continued residence of three years are entitled to a Certificate of
Naturalization on taking certain Oaths or affirmations of residence and
allegiance; and persons so naturalized enjoy and transmit to their heirs
all the rights and capacities of natural born Subjects. Aliens therefore
under these Acts are not liable to be deprived of their land after the
expiration of 3 years, should they neglect or decline to take out
Certificates of Naturalization.

If has been suggested to me, that supposing the advantages to be in
other respects equal, it might have been preferable to place the Town on
the bank of the river which is furthest from the American Frontier. I
shall be glad to receive, for my information, any remarks which it may
occur to you to make on this point, although I am quite sensible that
the site of the Town is a matter on which from your local observation
you must be the best judge. On such matters you will now have the
advantage of consulting Colonel Moody, an Engineering officer of great
skill and experience.



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FILE: 1859-02-11_Lytton_to_Douglas_B597021.txt
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No. 21

I have had the honor to receive your despatch of the 27th November
last No 34 reporting the Proclamation of the Act of Parliament
providing for the Government of British Columbia, and the installation
of the Public officers. I approve the steps which you have taken for this purpose.

I have communicated to the Hudsons Bay Company the fact, which you
also announce, of the promulgation of the Revocation, on the 3d of
November last, of the License to the Company for exclusive trading with
the Indians, in so far as the same applies to the territories comprised
in British Columbia.



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FILE: 1859-02-12_Lytton_to_Douglas_B597022.txt
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No. 22

I have to acknowledge the receipt of your despatch of the 14th
December No 51 reporting upon the affairs of British Columbia down
to that date.

It is most satisfactory to Her Majesty's Government to find that
tranquillity prevails in the country, and that in your opinion an export
duty on gold, together with other sources of revenue, would yield an
income of £100,000 per annum. Her Majesty's Government are quite alive
to the success which has hitherto attended your efforts to avoid drawing
upon them for the expenses of the Colony, and they highly commend your
proceeding in that respect. They entertain much confidence in your
ability to continue this course of policy; and although it may be
necessary that I should apply to Parliament for some advance on the
estimates on account of the pay of the detachment of Royal Engineers, I
shall rely on the ultimate repayment of that advance to this Country.



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FILE: 1859-02-12_Lytton_to_Douglas_B597023.txt
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No. 23

I regret to acquaint you that the "Briseis" bound for Vancouver's
Island, with Stores for the Royal Engineers stationed in British
Columbia was burnt on the 8th December in Latitude 21, S. Longitude,
35, W.



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FILE: 1859-02-14_Lytton_to_Douglas_B597023A.txt
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Confidential

This letter will be delivered to you by Mr Robert Falk, a
gentleman who is about to proceed to Vancouver's Island and has applied to me for an introduction to yourself.

The enclosed copy of a letter which Mr Falk has addressed to me
will explain the objects for which he is going to the Colony and he has
submitted to me the note of which also I send you a copy, from Sir John
Pakington in evidence of his respectability and standing.

I have explained to Mr Falk in granting this introduction that it must not be regarded as guaranteeing to any extent the concern in which he is interested and is intended solely to serve as a Voucher for the respectability of his position in this Country.



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FILE: 1859-02-14_Lytton_to_Douglas_B597024.txt
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No. 24

I have received a letter addressed to me by Mr Begbie the Judge
of British Columbia, from Victoria, Vancouver's Island, on the 1st
December last, and am glad to have this early information of his arrival.

You will, however, have the goodness to inform Mr Begbie, that it
is generally advisable that he should address representations respecting
matters of Colonial government and interest to yourself, as Governor, in
the first instance, and that when (as on the present occasion) he
thinks it necessary to divert from that course on special grounds, by
addressing the Secretary of State, he should always transmit to the
Governor his letter to the Secretary of State, for any report which the
Governor may think proper to add. This is the rule prescribed by the
Colonial regulations, and founded on the strongest grounds of public
convenience: and I do not doubt that Mr Begbie departed from it
through inadvertence only.

With respect to the doubts which Mr Begbie suggests, he will
observe that your power of legislation is for the present unrestricted:
and I have no doubt you will cooperate with him in giving to his Court
all such powers as it may in your and his estimation require. You can
constitute it a Court of Record: give it equitable jurisdiction: and
ecclesiastical jurisdiction in case of Wills and Administrations. With
regard to Admiralty jurisdiction, which is more usually conferred from
home: there is no longer any question at issue, for you have been
apprised by my despatch of the 6th January last that Her Majesty has
thought proper to establish a Court in British Columbia for the trial
of offences against the Laws of Vice Admiralty.

As to the recent Divorce and Matrimonial Causes Act, it may be a
matter of rather curious question, whether the law thus established
extends to British Columbia, a Colony constituted after its passing, or
not, but I should think it much better that such doubts be superseded by
enactment, establishing such provisions as may be deemed expedient in
the infant state of British Columbia. My predecessor Lord Stanley
suggested the assimilation of the law of the Colonies in general to that
of England in this respect: and there are obvious advantages in a
similarity of laws throughout the Empire on marriage question: but I do
not consider it necessary to press this subject upon you, leaving it to
yourself to decide whether the subject may not be better dealt with by
the Colonial Legislature which I hope to find soon established.

A Seal for the Court has been ordered and will soon be sent.



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FILE: 1859-02-15_Romaine_to_Merivale_Permanent_Under-Secretary_B595AD07.txt
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Romaine to Merivale (Permanent Under-Secretary)

I am commanded by My Lords Commissioners of the
Admiralty to transmit to you herewith for the information of
Secretary Sir E. Bulwer Lytton an Extract from a letter
from Rear Admiral Baynes, dated 15th Decr No. 177,
relative to the state of affairs in British Columbia.



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FILE: 1859-02-17_Cairns_to_Lytton_B596C01.txt
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Cairns to Lytton

With reference to Lord Carnarvon's Letter of the 15th I beg
to suggest the name of Mr George H. Cary of Lincoln's Inn as a
Gentleman well qualified for the appointment of Attorney General of
British Columbia on the terms mentioned by Lord Carnarvon. Mr
Cary was called to the Bar in 1854, & has since practised regularly &
with some success in the Equity Courts. He was formerly a pupil in
my Chambers, & I have a very high opinion of his ability and energy.



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FILE: 1859-02-17_Hamilton_to_Merivale_Permanent_Under-Secretary_B595TE06.txt
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Hamilton to Merivale (Permanent Under-Secretary)

In reply to your letter of 10th Instant, I am commanded
by the Lords Commissoners of Her Majesty's Treasury to acquaint
you, for the information of Sir E. Bulwer Lytton, that they will
direct the Paymaster General to accept and pay such Bills as
may be drawn by the Governor of British Columbia, for the
necessary expenses of the Royal Engineers who have been sent to
the Colony, these expenses to be considered as advances, to be
repaid in the event of the Colony being able to defray the charge.

Sir E. Bulwer Lytton will probably receive from British
Columbia, before the termination of the present Session, sufficient
information to enable him to determine whether it will be necessary
to submit a Vote to Parliament for any portion of these Expenses.



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FILE: 1859-02-18_Corry_to_Merivale_Permanent_Under-Secretary_B595AD08.txt
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Corry to Merivale (Permanent Under-Secretary)

In reply to your letter of the 16th Instant, stating
the desire of Secretary Sir E. Bulwer Lytton to be informed
whether My Lord Commisioners of the Admiralty would object
to the appointment of Mr William A.G. Young, Paymaster
R.N. as Colonial Secretary of British Columbia in the
event of such an appointment being created; I am commanded
by their Lordships to acquaint you that They will have no
objection to Mr Young accepting the above named appointment.



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FILE: 1859-02-18_Hammond_to_Merivale_Permanent_Under-Secretary_B595FO07.txt
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Hammond to Merivale (Permanent Under-Secretary)

In reply to your letter of the 14th Instant, I am
directed by the Earl of Malmesbury to state to you, for the
information of Secretary Sir E.B. Lytton, that His
Lordship has no objection to allow Mr Young to quit the
service of the Foreign Office in order to be appointed
Colonial Secretary in British Columbia.



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FILE: 1859-02-18_Stamp_to_Carnarvon_Parliamentary_Under-Secretary_V596S02.txt
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Stamp to Carnarvon (Parliamentary Under-Secretary)

I take the liberty to enclose for your Lordships perusal the
following passages in the Times Correspondents letters, dated
Vancouvers Island 17th & 25th Decr last. They point out the
extreme irregularity of the present defective postal arrangements and
the serious inconvenience resulting therefrom. I avail myself of
this opportunity to inform your Lordship that I have not yet, as I
fully expected to do, heard anything from the Treasury in reference
to my proposals of 2nd Inst and as my stay here is to be Short and
the question is exceedingly pressing for the Colony may I beg your
Lordships kind intervention to shorten the delay.



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FILE: 1859-02-19_Douglas_to_Lytton_B59104.txt
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No. 104, Legislative

I have the honor of forwarding herewith for your
information copy of a Proclamation issued on the 14th day
of this present Month, declaring the price and manner in
which lands in British Columbia are to be offered for sale.

2. The Proclamation sets forth the constitutional rights
of the Crown to all the lands in British Columbia, and to
the Mines and Minerals therein.

3. Lands are to be offered for sale in the following
classes, vizt Town Lands, general country lands, and
lands for special settlement. All known Mineral lands, and lands
reputed to contain Minerals will for the present be reserved.

4. It is also our intention to make large reserves for
roads, the erection of places of worship, schools, and
public purposes, and also for Towns and Villages, in such
a manner, however, as not seriously to interfere with or
retard the progressive improvement, and settlement of the Country.

5. As a general rule no land is to be offered for sale without
having been first surveyed and mapped off under government authority.

6. Town lands are to be sold by Public Auction, at an
upset price to be hereafter fixed according to the value of the site.

7. Country lands are also to be sold by Public Auction
at the upset price of ten Shillings an acre, the purchase
money to be paid, one half at the time of sale, and the
remainder at the end of two years.

8. We considered it advisable for many reasons to fix
the upset sale price of country Lands in British Columbia at
a comparatively low standard. In the first place we think
it a matter of the greatest importance to encourage emigration
from England, in order to supply the want now so much felt
of an English element in the population, a want which in fact
lies at the root of all the difficulties which now so much
embarass all our attempts at legislation for the country.
We are therefore especially desirous of placing before the
English public, the attraction of cheap land, at the same
time we feel assured that the interests of Government will
not suffer through that cause, as from the manner of sale
and the effect of competition, the land if worth more, will
fetch its value.

9. We also feared that by adopting a higher price for
land, the sturdy yeomen expected this year from Canada,
Australia, and other British Colonies, might be driven in
hundreds across the frontier to seek for homes in the United
States Territories, where it is the custom to make free grants of land.

10. Coupled with the attractions of a low upset price to
actual Settlers, we think the system will guard the land
operations of the Colony, as much as in the nature of things
is practicable, from the designs of speculators, who make purchases of
land, not for actual settlement, but merely for profitable resale.

11. The land for special Settlement is that bordering
the frontier of the United States, and on this we propose
to make a Military Reserve, on behalf of the Royal Engineers,
and, if possible, also otherwise to settle it with a population
composed exclusively of English subjects.

12. The Chief Commissioner of Lands and Works is in Article
5 empowered to sell by private contract at the upset price, any
land remaining unsold, after having been exposed at auction
to public competition.

13. The Proclamation further declares the intention of
Government to lay out and settle the site of the Capital or
Sea Port Town of British Columbia, and the conditions of sale
for Town land there, and also that all persons who have paid
for Town Lots at Langley, will be allowed, upon the surrender
of such Lots, to have their Money transferred either as a whole,
or part payment for Lots in the new Town, the object being
to meet the wishes of the people, and to concentrate the
commercial interests of the Colony in the Capital.



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FILE: 1859-02-19_Douglas_to_Lytton_V59006.txt
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No. 6

I have the honor to communicate for your information
circumstances which have lately come to my knowledge respecting
the proceedings of certain American Citizens in regard to the
Island of San Juan, part of the disputed Territory in the
Archipelago de Arro.

2. As the question of Sovereignty was not until lately
discussed, I have always treated that Island as a dependency of
Vancouver's Island, and a part of the British Dominions,
according to the instructions contained in Secretary Sir George
Grey's Despatch No 4 of the 21st September 1854, a copy of
which is herewith enclosed for ready reference. I moreover
appointed John Charles Griffin, Esquire, Justice of the Peace
for that District, with authority to Keep the Peace, and to
punish offences within the jurisdiction of that office.

The Hudson's Bay Company also formed an extensive stock farm on
the same Island, and which they still maintain.

4. Our occupation of the Island has therefore been general and
complete, as well as undisturbed by Citizens of the United
States.

5. A number of American Citizens have, however, lately employed
a person to make Surveys, and to plot out certain parts of San
Juan Island, (including the portions of the lands enclosed and
cultivated by the Servants of the Hudson's Bay Company,) for the
purpose of settlement, and there is no doubt that the whole
Island will soon be occupied by a squatter population of
American Citizens, if they do not receive an immediate check.

6. This movement has, I have no doubt, been commenced by some
designing person exciting and working upon the minds of ignorant
masses, with the view of hastening the settlement of the
Boundary question, and fortifying the claims of the United
States Government.

7. The course is one full of danger, and I fear that Her
Majesty's Government would not approve of my adopting measures
for the summary and forcible ejection of squatters, while the
question of sovereignty remains avowedly in dispute; at the same
time circumstances may call for decisive action.

8. I have no hopes of inducing the Governor of Washington
Territory to take joint measures with me to prevent any
occupation of San Juan and the other Islands of the Arro
Archipelago, pending the question of sovereignty.

9. I would recommend in the juncture an arrangement being
entered into, having for its object the preservation of peace,
and embodying as a condition of primary importance, that Great
Britain and the United States will unite in preventing the
settlement of the Islands in question, by ejecting squatters,
until the line of Boundary is definitively traced and it is
decided to which Power they of right belong.

10. Such an understanding between the two Countries will
prevent much future evil; but whether such a measure may be
adopted or not, I trust I may be favored with immediate
instructions for my guidance in respect to any proceedings which
it may be desired I should take for the preservation of the
rights of the British Crown.



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FILE: 1859-02-19_Douglas_to_Lytton_V59007.txt
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No. 7

I have the honor to acquaint you that Her Majesty's Ships
Tribune and Pylades have arrived at Esquimalt, from China and
India, the former on the 13th Instant with 150 Supernumerary
Marines, and the latter on the 14th Instant.

2. The Senior Naval Officer having represented to me that this
number of Marines could not be accommodated on board the Ships
of the Squadron, and suggested that the major part should be
landed at the Naval Hospital Buildings at Esquimalt, which could
be easily prepared for their reception. I gave my concurrence
to the arrangement and directed the Surveyor General, Mr
Pemberton, to undertake what additional work was necessary for
the proper accommodation and comfort of the Officers and Men.
About 100 have consequently been disembarked at the Naval
Hospitals, those sick going into the sick wards. The remainder
have been distributed amongst the Pylades, Tribune, & Satellite.

3. The men are generally in good health, and I feel much
satisfaction in having so effective a force available in case of
Emergency.



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FILE: 1859-02-21_Berens_to_Lytton_V595HB04.txt
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Berens to Lytton

In continuation of the Return of Sales of Land in Vancouver's Island
furnished you on the 15th July 1858, by Captain Shepherd then
Governor of this Company, I have now the honour to transmit for your
information a Copy of a letter addressed by Governor Douglas to the
Secretary of this Company, under date the 25th November 1858
together with statements of the Sales of Land effected in that Island
from the 10th October 1857 to the 4th November 1858, together with
the names of the purchasers, and the Districts in which such Sales
have been effected.

I also transmit returns furnished by Governor Douglas, of the vessels
which entered the Port of Victoria Vancouver's Island, from June
28th till November 25th 1858, and of the revenue received by the
Department of Customs at the Port of Victoria for the Quarter ending
September 29th 1858.



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FILE: 1859-02-21_Corry_to_Merivale_Permanent_Under-Secretary_B595AD09.txt
================================================================================

Corry to Merivale (Permanent Under-Secretary)

Having laid before My Lords Commisioners of the
Admiralty your letter of the 15th Inst in which you
request to be informed whether This Department can furnish
forms of tables or General Instructions which will enable the
Governor of British Columbia to establish a series of
Meteorological observations in that Colony; I am commanded
by Their Lordships to acquaint you for the information of
Secretary Sir E. Bulwer Lytton that this Department does
possess the requisite forms &c and that the Chief
of the Meteorological Department has been instructed to send
a supply for one year to the Colonial Office for transmission
to British Columbia.



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FILE: 1859-02-21_Corry_to_Under-Secretary_of_State_V595AD03.txt
================================================================================

Corry to Under-Secretary of State

I am commanded by my Lords Commissioners of the Admiralty to request
you will state to Secretary Sir Edward Lytton that in consequence of
the non delivery of the Admiralty letters & despatches of September &
October last, addressed to the Admiral at VanCouver's Island, and
forwarded by the Consul at Panama on board the United States Mail
Steam Packets, My Lords have ordered the Admiral to place himself in
communication with the Consul
*
and make suitable arrangements for the safe transmission of the Mails
of this Department, between Panama & Van Couver.



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FILE: 1859-02-21_Lytton_to_Douglas_B597025.txt
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No. 25

I transmit to you herewith for your information the Copy of a
Despatch from Her Majesty's Minister at Washington, reporting a
conversation with General Cass relative to Mr Nugent the late Agent
of the United States in British Columbia, and enclosing a Copy of a
Memorandum which he had unofficially placed in General Cass' hands
respecting the rights of Foreign Miners as laid down by the State
Legislation of California.



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FILE: 1859-02-21_Lytton_to_Douglas_V597025.txt
================================================================================

No. 25

I transmit to you herewith for your information the Copy of a
Despatch from Her Majesty's Minister at Washington, reporting a
conversation with General Cass relative to Mr Nugent the late Agent
of the United States in British Columbia, and enclosing a Copy of a
Memorandum which he had unofficially placed in General Cass' hands
respecting the rights of Foreign Miners as laid down by the State
Legislation of California.



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FILE: 1859-02-21_Murdoch_to_Merivale_Permanent_Under-Secretary_B595LN04.txt
================================================================================

Murdoch to Merivale (Permanent Under-Secretary)

I have to acknowledge your letter of instant (received the
15th) with the copy of a letter from Mr Cadell a
Passenger on board the "Sea Nymph" bound to British Columbia,
complaining of the state of that Vessel and the manner in
which the Passengers had been treated.

2. On receiving your letter I directed Captain Dean,
the Emigration Officer of the Port of London, to enquire into
the case and I now transmit a copy of his Report. It will be
seen that the "Sea Nymph" did not come under the Passengers
Act, and we had, therefore, no legal power to interfere with
her. But it is satisfactory to observe that the complaints
of the Passengers had been attended to by the Owners of the
Vessel, that a new Master had been appointed, and that the
Vessel when she got to sea was in a proper state and the
Passengers comfortable.



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FILE: 1859-02-21_Murdoch_to_Merivale_Permanent_Under-Secretary_B595LN05.txt
================================================================================

Murdoch to Merivale (Permanent Under-Secretary)

I have to acknowledge your letter of 14th instant
enclosing an extract of a Despatch from the Governor of
British Columbia on the subject of free grants of Land to
the non commissioned Officers and Men of the Royal Engineers
in the Colony, & remissions in the purchase of Land
to Officers of the Army and Navy generally.

2. The free grants to the non commissioned Officers and
Men of the Engineers on the termination of their service were
promised with a view of obtaining the services of the best Class.
The only question that remains to be considered is the grant
of advantages in the purchase of Land to Officers of the
Army and Navy. Governor Douglas expresses a decided opinion
that such advantages should be granted as a means of
introducing a respectable class of British Subjects and
encouraging sentiments of loyalty and attachment to the Crown.

3. Sir E. Bulwer Lytton is no doubt aware that such
advantages were formerly offered to Military and Naval
Officers in all the British Colonies in which the Crown
possessed waste Lands. They have been since discontinued,
by the decision of the Local Legislatures, in all the North
American Colonies, in Tasmania and South Australia, and in
some of the Provinces of New Zealand. They continue to
exist in New South Wales, Victoria, Western Australia, some
Provinces of New Zealand, Ceylon and the Cape. I am not
aware that they have ever had any extensive influence in any
Colony, but whatever effect they have, would be, as Governor
Douglas observes, to introduce a superior and a very loyal
and attached class of settlers, and that effect could not fail
to be beneficial in any Colony, and especially so in British
Columbia. It appears to one, therefore, that there can be no
objection to introducing the usual regulations on the subject
into British Columbia and I would accordingly recommend that a
copy of those regulations should be forwarded to Governor
Douglas, with authority to promulgate them, unless the
circumstances of British Columbia should appear to him to
require some modification of the provisions.



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FILE: 1859-02-21_Murdoch_to_Merivale_Permanent_Under-Secretary_B595LN06.txt
================================================================================

Murdoch to Merivale (Permanent Under-Secretary)

I have to acknowledge your letter of 14th instant
with an Extract of a Despatch from the Governor of British
Columbia, enclosing a Proclamation which he had issued to
confer on himself and his successors the power to convey
Crown Lands within the Colony.

2. This Proclamation was issued on the advice of Mr
Begbie, and authorises the Governor to make grants under his
hand and Seal. In all other Colonies as far as I am aware
grants of Land are made in the name of the Crown & under the
public seal of the Colony, and the power to make such grants
is derived from the Prerogative of the Crown delegated in
this particular to the Governor by his Commission. I am not
aware of any circumstances connected with British Columbia
which should make it necessary to pursue a different course
in that Colony, and if none such exist it would I think be
much better, and probably safer, to follow the Established
practice in this respect.



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FILE: 1859-02-22_Berens_to_Lytton_B595MI06.txt
================================================================================

Berens to Lytton

I have the honor to acknowledge the receipt of the Earl
of Carnarvon's letter dated the 15th instant, in which his
Lordship, by your directions, informed me that a Despatch has
been received from Governor Douglas stating that on the 3rd
November last, he had proclaimed the Revocation of the License
of the 30th May 1838 to the Hudson's Bay Company of
exclusive trade with the Indians so far as the same embraced
the Territories comprised in British Columbia.



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FILE: 1859-02-23_Hawes_to_Under-Secretary_of_State_B595WA02.txt
================================================================================

Hawes to Under-Secretary of State

In consequence of the loss by fire of the "Briseis" bound
to British Columbia with Stores for the Royal Engineer Detachment
employed in that Colony, an application has been received from
the Quarter Master General to replace them—and I am directed by
Secretary Major General Peel to state that directions will be
given to that effect if approved of by Sir E.B. Lytton.



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FILE: 1859-02-23_Lytton_to_Douglas_B597026.txt
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No. 26

Adverting to your Despatch, No 8, of the 27th of October
last, I transmit to you the following Seals, viz:

1. One Seal for the Supreme Court of Civil Justice of British
Columbia.

2. One Seal for the Attorney General.

3. And Six Seals for Officers of Customs.

The Cost of these Seals with Appurtenances amounts to Twenty Three
Pounds, Sixteen Shillings and Six Pence (£23.16s.6d), to repay
which you will remit a like Sum to the Chief Clerk of this Office.

I have not lost sight of the Public Seal for the Colony of British
Columbia, the completion of which has been unavoidably retarded by the
long illness and death of the Queen's Engraver.



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FILE: 1859-02-24_Douglas_to_Lytton_B59105.txt
================================================================================

No. 105

I have the honor to acknowledge the receipt upon this
date of your Despatches of the Numbers and Dates, as
described on the other side hereof.
*



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FILE: 1859-02-25_FitzRoy_to_Merivale_Permanent_Under-Secretary_B595AD10.txt
================================================================================

FitzRoy to Merivale (Permanent Under-Secretary)

In compliance with a requisition from the Admiralty I
have the honor to place before you one year's supply, for
three Stations, of such Instructions, and Forms for
Meteorological Observations as seem to me more or less
suitable for the objects indicated in the annexed Memorandum.

Various forms are offered to suit varying circumstances
of Observers.

A list is enclosed.



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FILE: 1859-02-26_Hamilton_to_Merivale_Permanent_Under-Secretary_B595TE07.txt
================================================================================

Hamilton to Merivale (Permanent Under-Secretary)

I am commanded to acquaint you for the information of
Secretary Sir E. Bulwer Lytton that the Lords Commissioners of
Her Majesty's Treasury have had under their consideration your
further communication on the subject of the Charter proposed to
be granted to the Bank of British Columbia dated the 14th inst.

I am directed to state with reference to the observations
which appear to call in question the accuracy of Their
Lordships assertion regarding the introduction of the clause
providing for the revocation of the Charter in the event of
breach of conditions in all recent Colonial Bank Charters,
that the impression of My Lords is that the Clause on one
of equivalent import, was first inserted in the Charter of
the Oriental Bank granted in 1850, and has been introduced
into all subsequent charters incorporating new Banking Companies
in London for carrying on the business of banking in the
Colonies. It is true that it was not introduced into Charters
granted previously to that date; neither was it introduced
into the supplemental charters granted to the Bank of
Australia in 1856, for the obvious reason that the original
Charter of that Coporation is still in force, and the
supplemental Charter for extending it's powers did not touch
the clauses relating to it's original Constitution. For the
same reason it is probable that if a supplemental Charter
had been granted to the Colonial Bank in 1855, as supposed by
Sir E. Bulwer Lytton, it would not have contained the clause
in question; but he will find on inquiry that he is mistaken
in referring to the case of that Bank, as no such charter passed
the Great Seal.

With respect to Sir E. Bulwer Lytton's observation that he
is not aware under what circumstances the clause in question
was first adopted, My Lords have only to state that the explanation
of the circumstances afforded in the Letter of this Board of the
13th Ultimo is correct; but if he desires any further information
on the point, they will endeavour to procure it, if he will be
so good as to inform them of the points in respect of which that
explanation is considered deficient.

My Lords feel it right to observe, with reference to the
allusion in your Letter to the responsibility of the Secretary
of State for the fitting exercise of the powers of the Crown in
Colonial Affairs, that powers are reserved in these Charters to
the Secretary of State, and that their operation in the Colonies
is subject to Local laws; but independently of the control which
devolves upon this Board generally in all Matters of a financial
character in the Colonies, it should be borne in mind that the
Charters in question are granted not to Colonial Bodies, but to
persons associated in London for the purpose of carrying on the
business of banking in the Colonies, and such Charters are not
confined to companies associated for Banking in the Colonies, as
similar ones have been granted to the Bank of Egypt and the
Ottoman Bank.

The regulations for the government of Banking Companies of
this class were originally framed, in concert, by this Board and
the Board of Trade, and the responsibility of enforcing the
principal requirements of the Charters devolves upon the Treasury
by express provisions contained in the Charters.

My Lords consider it right therefore that they should be
the organs for communicating to the Queen any breach of the
conditions of the Charters; and indeed whether the clause existed
or not, any proceedings for their revocation in the event of such
breach of conditions must necessarily emanate from this Board.

Their Lordships believe that the knowledge of the existence
of a summary power of revocation on legal proof of a violation of
the conditions of the Charters, has facilitated the exercise of
that control which is legally vested in this Board; and,
independently of all question regarding Departmental functions,
their Lordships think that that beneficial effect might be
weakened if, by the insertion of the coordinate authority of
the Secretary of State in the matter, the impression were allowed
to arise that it would be open to a delinquent body to appeal
from one Department to the other. Their Lordships are also of
opinion that the abandonment of a provision, to which no objection
has been raised by the bodies affected by it, would be detrimental,
and might fairly be objected to by Banking Corporations which
come under it's operation, when they found that rival institutions
were exempted from like penalties.

For these reasons My Lords consider that it would be highly
impolitic to omit the clause from future Charters; but if, on
further consideration Sir E. Lytton Bulwer maintains his
objections to it, they will be willing, in deference to him,
and on his responsibility, to strike it out of the Draft.

They cannot, however, consent to fetter it by the
introduction of the Novel proviso suggested by him, for which
as My Lords believe, there is no precedent in any Crown Charter
or Act of Parliament.

I am, at the same time, to state that My Lords have had under
their consideration the suggestion in your Letter of the 20th
December last, for the insertion of a provision, like that in the
Banking Companies Act, Cap 91 of last Session, "that the Bank
(query Shareholders) shall not be entitled to limited liability
in respect of Note issues" on this point I am to observe that
while the principle of unlimited liability was maintained by
Parliament in respect of Banking Companies in the United Kingdom,
the opposite principle was observed of limiting the liability of
Shareholders of Companies incorporated for Banking in the Colonies
to twice the account of their Shares. At the same time, precautions
were introduced, which are not required in the case of Joint Stock
Banking Companies in the United Kingdom, for restricting the amount
of liabilities to be incurred by Colonial Banks to three times
the amount of the Capital, and latterly the additional requirement
has been enforced of a maintenance of a reserve of Specie
equal to one third of the Notes in circulation. Parliament has
now permitted the adoption of the principle of limited
liability in the case of Joint Stock Banks, with an exception
regarding the Note issues, but without any provision regarding
the proportion of subscribed capital to debts, or other
safeguards, which are enforced in the case of Colonial Banks.

It does not appear to My Lords that the circumstance of
this relaxation of the principle hitherto observed in Imperial
legislation on the subject, affords of itself any ground for
altering the constitution of Colonial Banks; and as My Lords
are led to believe that the introduction of a new principle
regarding the liability of the Shareholders would impede the
development of a system, which has hitherto worked very
successfully, they are not disposed to recommend the adoption
of the provision suggested by Sir E. Bulwer Lytton.

At the same time, Their Lordships would observe that they
are generally favourable to provisions for ensuring the
convertibility of promissory Notes circulating as Money, but
they think that if the Royal Charters granted to Companies
fail to provide perfect security in this respect, it may be
obtained by local encactments, as in the case of Canada,
requiring the deposit of securities with a public functionary
for all Notes in circulation exceeding the amount of Specie
held by the Banks.



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FILE: 1859-02-26_Lytton_to_Douglas_B597027.txt
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No. 27

I communicated to the Lords Commissioners of the Admiralty the
intention which you expressed in your despatch No 7 of the 27th
October to establish a series or Meteorological observations in British
Columbia, and in compliance with my request their Lordships have
instructed the Chief of the Meteorological Department to furnish you
with a supply of forms of tables which will doubtless prove useful to
you in carrying out this desirable object.



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FILE: 1859-02-28_Berens_to_Lytton_V595HB05.txt
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Berens to Lytton

I have the honor to acknowledge the receipt of Lord Carnarvon's
letter dated Downing Street 15th February informing me that you have
had under your consideration the statement of the amount to be
reimbursed by Her Majesty's Government to the Hudson's Bay Company
under the grant of the 13th January 1849 and signifying your
approval of the two former claims in the statement, vizt The Balance
due on account of public works and establishments and 2ndly the
costs of sending out and maintaining Settlers but requiring
explanation with respect to [the] 3rd claim, vizt the loss on
searching for Coal at Fort Rupert.

In reply I beg to remind you that the Royalty on the working of Coal
was calculated upon as likely to furnish a considerable portion of
the anticipated Revenue of the Island, and it was also of great
importance to give employment to the Miners who had been sent out by
this Company to the Colony.

It unfortunately happened that the experiments at Fort Rupert were
unsuccessful, but, as, if successful, they would have had a very
material influence on the prosperity of the Colony, it is felt by my
Colleagues and myself, that the Company have a claim on Her Majesty's
Government for a reimbursement of the amount thus laid out.

I would only add that the Coal Mine at Nanaimo has been established
upon lands, that were purchased and paid for by the Hudson's Bay
Company, in the same way as any other Settler in the Colony.



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FILE: 1859-03-01_Cumming_to_Lytton_B595MI08.txt
================================================================================

Cumming to Lytton

The Council of United Trades in Glasgow have delayed to
acknowledge your answer of date 9th November, to the Memorial
adopted at the Public Meeting on Emigration, in the City Hall,
on 16th September last, which answer was conveyed through Mr.
Robert Dalglish, our respected Member.

This delay has arisen from several causes: one of which
was the hope that Trade would revive, and that Employment or Work
and Wages, would be plentiful, and that the necessity of applying
for the intervention of Government on behalf of the Unemployed would
be removed.

The Council are sorry to be obliged to state, that while, in
the Weaving Department, and Branches dependent thereon, trade
is better, there are still several thousands of working men in
Glasgow and its neighbourhood out of employment, and who have
been so six, seven, eight, and twelve months, even longer, and who,
in consequence, along with their wives and children, are suffering
severe privations and distress, bordering, indeed, on actual starvation.

This statement is no exaggeration. It unfortunately is too true.
The Council believe you are sincere in the expression of your
sympathy with the sufferings of the Unemployed. But something
substantial, some relic of a practical kind adequate to the
exigencies of the case, is required; and the Council would earnestly
but respectfully entreat you, and the other Members of Her Majesty's
Government, again to consider whether aid in the way of Emigrations
and Colonisation may not be extended to them.

Grant, as you say, that the Management of the Crown Lands in the
Colonies is entrusted to the several Colonial Governments, any one,
or all of those Governments—Australia, New Zealand, the Cape, Canada,
or other British North American Colonies—would, the Council believe,
be glad to comply with any suggestion or recommendation of the
Imperial Government to assist such of the Unemployed, as would be
willing to avail themselves of their assistance, by emigrating, either
for the purpose of working to others after arrival in the Colonies,
or of settling on lands that might be granted to them, and cultivating
those lands according to their several means and capabilities.

But there is the new Colony of British Columbia—purely a Crown
Colony (also Vancouver's Island and the Red River territory, betwixt
Lake Superior and the Rocky Mountains, at present in the hands of the
Hudson's Bay Company; but possession of which may be resumed by the
Crown in the course of the present Session of Parliament). Surely it
cannot be said, the rights of any third party interpose with regard to
those territories; or that Her Majesty's Government may not grant
portions for the settlement of a body or bodies of the Unemployed who
wish to emigrate, or may not assist them to go thither and settle
thereon. If associations of private individuals, with comparatively
limited means, have planted, within the last twenty years, the six
settlements of New Zealand, the Colonies of South Australia, Victoria,
and Port-Natal—all of which are prosperous communities—surely such
a slur will never be cast on the British Government, as to say, that,
with the prodigious power and resources it may command, it is impotent
for like purposes; or, for making Emigration and Colonisation subservient
to a great work of beneficence and practical Christianity—the raising
an Unemployed, poverty-stricken, and desponding body of
fellow-citizens to a condition of active industry and hopefulness,
every stroke of their axes, and every spadeful of earth they turn,
advancing them on the road to comfort and independence.

The Council cannot believe Her Majesty's Government hearken to
those Capitalists and Employers who oppose Emigration, because it
serves to make labour scarce, and who desire always a surplus or
glut of hands in order to have a command of "cheap labour."

If there be no question, and there can be no question, as to
the POWER of Government, is it the want of WILL? And why should
there be a want of Will in such a case? Did not the cry proceed from
four thousand men assembled in the City Hall? Is it a fictious or
disloyal measure they propose? Or, is it not, on the other hand,
thoroughly constitutional and consistent with enlightened policy?
And has it not been approved of and supported by many of our most
enlightened publicists and legislators? And also by the Press,
with some exceptions. Or, is the MODE by which the Power of Government
shall be exercised? If so, as the materials for successful
Colonisation exist in abundance—land, labour, and capital, or LAND,
MEN, and MONEY—and as Government has the land, while the men are
here, the Council apprehend, if the land be granted, that there will
be no difficulty in Government finding the money, wherewith to
carry out an effective scheme for the deliverance of the Unemployed.



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FILE: 1859-03-02_Godley_to_Merivale_Permanent_Under-Secretary_B595WA03.txt
================================================================================

Godley to Merivale (Permanent Under-Secretary)

In compliance with the request contained in your Letter
of the 15th January last, I am directed by Secretary
Major General Peel to transmit, herewith, a Statement of
Stores &c supplied for Service of the Royal Engineers
proceeding to British Columbia, amounting to £12,143.4.0
and I am further to request that you will cause the above Sum
to be transferred in the Books of the Paymaster General
to the credit of this Department.



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FILE: 1859-03-02_Hamilton_to_Merivale_Permanent_Under-Secretary_B595TE08.txt
================================================================================

Hamilton to Merivale (Permanent Under-Secretary)

With reference to your letter of the 14th Ultimo,
transmitting an Extract from a despatch from the Governor
of British Columbia, together with the Copy of a Proclamation
issued by him imposing duties on imports into that Colony,
I am directed by the Lords Commissioners of Her Majesty's
Treasury to acquaint you, for the information of Sir E.B.
Lytton, that My Lords have communicated with the Lords of
the Committee of Privy Council for Trade and there appears
to be no objection to this Proclamation.



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FILE: 1859-03-02_Morgan_to_Lytton_B595MI07.txt
================================================================================

Morgan to Lytton

I had the honor to receive Mr Merivale's letter of the
19th instant, and in reply thereto, have to inform you,
that several Members of the Society of Solicitors in the Supreme
Courts of Scotland, Incorporated by Royal Charter, are admitted
in, and at present practising as Solicitors or Attornies before
the Courts of Law in Kingston, Jamaica, and in Sydney and
Melbourne in Australia, in virtue of the Commissions they hold as
Solicitors, from the Supreme Court of Scotland.

The Society of Writers to the Signet practise as Solicitors
or Attornies in the Supreme Courts, solely in consequence of being
Clerks to the Signet, and are neither admitted, nor sworn in by
the Court.

As the Members of the Society of Solicitors before the Supreme
Courts, and Writers to the Signet, have the same rights and
privileges of practising in the Supreme Courts of Scotland, I
humbly submit that it would be an Act of injustice towards the former,
were they excluded from the same rights and privileges in any of
Her Majesty's Colonies.



================================================================================
FILE: 1859-03-03_Corry_to_Merivale_Permanent_Under-Secretary_V595AD04.txt
================================================================================

Corry to Merivale (Permanent Under-Secretary)

I am commanded by my Lords Commissioners of the Admiralty, to
acknowledge the receipt of your Letter of the 22nd Jany last,
forwarding the Copy of a Report from Captain Richards of HM's
Surveying Ship "Plumper" on the Harbours of Vancouver's Island and
the Coast of British Columbia, and to acquaint you, for the
information of Secretary Sir E.B. Lytton, that this Report is very
satisfactory, but it is limited in information to only a few Harbours
on the S.E. Coast, and to request that you will move Sir E.B. Lytton
to consider the question of
reserving Coal and Timber for Government purposes.



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FILE: 1859-03-03_Lytton_to_Douglas_B597028.txt
================================================================================

No. 28

I have received your Despatches, Nos 31 and 66 of the 13th
November and 6th
January in the first of which you recommend, and in the second,
report your actual appointment of Mr W.A. Young to the provisional
Office of Colonial Secretary of British Columbia.

Recognising the importance to you of having the Services of an
efficient secretary I have obtained permission from the Foreign Office,
and from the Lords Commissioners of the Admiralty for your employment of
Mr Young in this capacity: and if you can provide him with a Salary,
out of Colonial Revenues of about Five Hundred Pounds (£500) per Annum,
I shall be happy, on that understanding, to submit his name to the
Queen for the Appointment.

I think that the Colonial Secretary might at the same time perform
the duties of Auditor or Accountant to the Public Revenue and
Expenditure.



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FILE: 1859-03-04_Berens_to_Lytton_V595HB06.txt
================================================================================

Berens to Lytton

I have the honour to acknowledge the receipt of Mr Merivale's letter
of the 24th ulto in which he acquaints me that before communicating
to the Admiralty my letter of the 10th ulto on the subject of the
Sale of Thetis Island you would be glad to have some further
explanation on one point. Mr Merivale then observes that by the
return forwarded with Captain Shepherd's letter of July 15th 1858,
the only lot of 24 acres sold at Esquimalt is stated to have been
sold to the Hudson's Bay Company, and he adds
"that as the subsequent sale by Auction, was not made by the Company
or any one acting for them" he infers that, "the lot must have passed
into the hands of some intermediate possessors."

In answer I beg to state that Thetis Island is a portion of the lot
of 24 acres on Esquimalt Bay which appears in Captain Shepherd's
return as having been sold to "The Hudson's Bay Company". But the
entry in the return in question is a mistake which seems to have
originated with the Colony Surveyor who in reporting the sale used
the words "Hudson's Bay Company" in place of the words "James Douglas
and John Work as Trustees for the Fur Trade" which is a subordinate
branch of the Hudson's Bay Company.

The history of the transaction is this. In 1856 it was felt by
Governor Douglas that one of the great impediments to the
Colonization of Vancouver's Island was the rule laid down by the
Government when the Grant of the Island was made to the Hudson's Bay
Company, by which they were prohibited from disposing of inappropriated
land to Settlers in lots of less than 20 acres. To obviate this
inconvenience Mr Douglas suggested that he and Mr Work another head
Officer of the Hudson's Bay Company in the Island should as Trustees
for the Fur Trade branch of the Company purchase one or more lots of
public land for the purpose of disposing of them afterwards at the
original cost, in small allotments to working people desirous of
becoming Settlers but unable to purchase larger lots. Accordingly
two or three lots were purchased for the purpose by "The Fur Trade"
and among them Lot 53 (of which Thetis Island is a part) and which
was sold in 5 acre lots with the exception of Thetis Island itself
(which consists of only one acre) and which was sold separately to a
person of the name of Jeremiah Nagle as may be seen by the return
made by the Governor of this Company to the Government on the 23rd
January 1858 where it figures under the head of "Suburban Lots No
35" with the price paid namely "£1:0:10. Herewith I have the honour of
enclosing extracts from letters addressed by Governor Douglas to the
Secretary of this Company in which the whole course of the affair
is traced. In the first (dated March 5th 1856) is set forth an
account of the purchase of the 24 acres in question and the object of
the purchase; in the second (dated 4th June 1857) an account is
given of the subsequent purchase of a still larger lot with similar
views; and the third, dated July 9, 1858 gives the latest account we
have received from the Island as to the position of the affair.
These Extracts make the object of all parties so clear that it is
unnecessary for me to add a word.

With respect to the subsequent sale by Auction all that has come to
our knowledge is the fact that Mr Jeremiah Nagle the purchaser of
Thetis Island having afterwards got into difficulties had made over
that and other property to his Creditors, and as it appears from the
letter from the Secretary of the Admiralty to Mr Merivale which you
did me the honor to transmit to me that a Sale by Auction of the
Island had taken place as late as the 16th of January of the present
year, we have inferred that the Sale must have been made at the
instance of Mr Nagle's Creditors.



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FILE: 1859-03-04_Godley_to_Merivale_Permanent_Under-Secretary_B595WA04.txt
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Godley to Merivale (Permanent Under-Secretary)

With reference to your letter of the 17th Ultimo,
regarding the advance of £800 made to Messrs Cox & Co.
by the Treasury on account of the Officers of the British
Columbian Expedition, I am directed by Secretary Major
General Peel to acquaint you that credit has been given
for that amount by Colonel Moody in the first account
rendered by him. The amount has thus been brought to account
in this office, and as it will in due course be wholly
claimed by the Commissioners of Audit, on behalf of the
Treasury Chest, it does not appear that any steps in regard
thereto are at present necessary.



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FILE: 1859-03-04_Richards_to_Under-Secretary_of_State_B595AD11.txt
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Richards to Under-Secretary of State

With reference to your Letter of yesterdays date requesting
to be furnished with a statement of all expenses incurred by this
Department for the transport of Royal Engineers and Stores to
British Columbia, and for the passages to Colon of Persons
connected with the Colony, I beg to transmit the accompanying
Return; observing, however, that it is only an "Estimate" of
the expense that will be incurred, as no Accounts have been
received from the Ships, nor with the Exception of Advances
on the "Thames City" and Euphrates have any payments been made.



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FILE: 1859-03-05_Douglas_to_Lytton_B59104PR.txt
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[Private]

I have the honor to acknowledge the receipt of your Despatch
of the 7th December last, in which you acquaint me that the
Queen has been graciously pleased to confer upon me the distinction
of a Companion of the Order of the Bath.

I beg that you will convey my humble duty to Her Majesty for
that mark of Her Royal approbation.

At the same time I have to express to you Sir, my thanks for
recommending me for that mark of Royal Favor, and to assure you
that I deeply and truly appreciate your good opinion, and not less
the kind and graceful manner in which you are pleased to commend my
administration of the Government of Vancouver's Island.



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FILE: 1859-03-07_Corry_to_Merivale_Permanent_Under-Secretary_B595AD12.txt
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Corry to Merivale (Permanent Under-Secretary)

With reference to your letter of the 5th Inst and
its enclosure from the Governor of British Columbia suggesting
the employment of one or two Gun Boats of light draught,
capable of navigating Frazers River, I am commanded by my
Lords Commissioners of the Admiralty to acquaint you for
the information of Sir Bulwer E. Lytton, that at the
recommendation of Rear Admiral Baynes Their Lordships have
already given orders for two Gun Boats to be fitted for
Service in British Columbia.



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FILE: 1859-03-07_Trutch_to_Carnarvon_Parliamentary_Under-Secretary_B596T01.txt
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Trutch to Carnarvon (Parliamentary Under-Secretary)

Some three months ago I addressed a Letter to your Lordship
respectfully soliciting an Order for a few of the Maps executed by my
son of the Oregon Washington Territories with a portion of British
Columbia, thinking that such Maps might be of interest & service to
Heads of Departments of Government; my letter not having been honored
by any notice, I venture again to intrude on your Lordship
respectfully requesting that should there be a refusal to purchase
any more of the Maps, your Lordship will be pleased to give order for
payment of the 2 Maps furnished to the Colonial Office in July last.



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FILE: 1859-03-09_Booth_to_Merivale_Permanent_Under-Secretary_B595TA01.txt
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Booth to Merivale (Permanent Under-Secretary)

I am directed by the Lords of the Committee of Privy Council
for Trade to acknowledge the receipt of your letter of the 22nd
January last transmitting for the consideration of this Committee
a copy of a report from Captn Richards of Her Majesty's Ship
"Plumper" on the Harbours of Vancouver's Island on the Coast of
British Columbia.

In reply I am to request you to state to Secretary Sir E.B.
Lytton, that as the Lights in question do not appear to belong to
the class of Imperial lights it does not fall within the province
of this Department to form an opinion or to give any recommendation
as to the propriety of their being established. I am however to
transmit to you a copy of a memorandum which has been drawn up
by Captn Sulivan, R.N. of this Department on the subject of
these Lights.



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FILE: 1859-03-09_Douglas_to_Lytton_B59106.txt
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No. 106, Military

I have the honor to acknowledge receipt of your Despatch
of the 16 December last No. 56 acquainting me that the Lords
Commissoners of the Treasury have authorised the Pay Master
General to accept and pay a Bill for Forty Pounds (£40.0.0) drawn by
Captain Parsons R.E. on account of the Royal Engineers
proceeding to British Columbia under his charge.



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FILE: 1859-03-09_Douglas_to_Lytton_B59107.txt
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No. 107, Military

In compliance with the instructions contained in your
Despatch of the 17th December last No 57, I have duly
acquainted Captain Grant R.E. that you have sanctioned an
additional payment of the Sum of Fifty pounds into the
hands of his Agents Messrs Cox and Company, in consideration
of the circumstances which he has represented to you, to
defray the expense of removing his family to British Columbia.



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FILE: 1859-03-09_Douglas_to_Lytton_B59108.txt
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No. 108, Financial

I have the honor to acknowledge receipt of your Despatch
of 24 December last No. 58, with copy of a letter from the
Board of Treasury enclosing their Lordships instructions to
the Treasurer of British Columbia for keeping the accounts
of the Colony. Which instructions have been duly transmitted
to the Treasurer, and he has at the same time been advised
that the forms alluded to therein, will be supplied as soon
as the state of the financial arrangements may admit.



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FILE: 1859-03-09_Douglas_to_Lytton_B59109.txt
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No. 109, Miscellaneous

I have duly received your Despatch No 59 of the 29th
December last, forwarding to me Copy of a Despatch from Her
Majesty's Minister at Washington upon the subject of the
loan made by me as Governor of Vancouver's Island, from my
private purse, on the urgent appeal of Governor Stevens,
to assist the Citizens of Washington Territory in their
necessities in the year 1856, and I trust through your kind
exertions the money will ultimately be repaid.



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FILE: 1859-03-09_Douglas_to_Lytton_B59110.txt
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No. 110, Military

With reference to your Despatch of the 31st December
last No 63, I have the honor to acquaint you that I have
communicated to Colonel Moody your sanction of the amended
List, which accompanied his letter of the 30th October
last, of the Stores sent with the Royal Engineers to British Columbia.



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FILE: 1859-03-09_Hawes_to_Under-Secretary_of_State_Foreign_Office_sic_B595WA05.txt
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Hawes to Under-Secretary of State Foreign Office [sic]

With reference to your Letter of the 4th Inst.
inquiring for the information of Sir E. Bulwer Lytton
whether the Stores for R. Engineer Detachment British Columbia,
lost in the "Briseis," had been insured; I am directed by
Secretary Major General Peel to state that these Stores were
not insured by this Department.



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FILE: 1859-03-10_Douglas_to_Lytton_B59111.txt
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No. 111

My report No 95, of the 7th Ultimo on the state of
British Columbia, contains advices from Fort Yale to the end
of January; the intelligence since that date is satisfactory
in all respects, except the weather which has been severely
cold and trying to the miner, whose operations have been in
consequence nearly altogether suspended for the last two months.

Mr Commissioner Brew has, owing to the same cause,
also been unable to collect the Mining Licence fees, for that
time, a circumstance, which for obvious reasons, I much regret.

2. It appears from late reports that the Miners on
"Hill's" and "Emery's" Bars, have abandoned the Beach workings,
and transferred their labors to the Banks or elevated table
land reaching from the River to the mountains. Those banks
are of great extent varying from a few hundred yards to two
miles in breadth, and should they prove, as expected, more
remunerative than the River beds, they will offer a wide field
for mining enterprise.

3. Water for washing the auriferous soil is at present
the chief want; it must be brought from the mountains, by
means of artificial canals, and in consequence of the
encouragement given on the part of Government, many persons
are now engaged at their own private expense, in the construction
of such works.

4. Those enterprises will materially aid in the development
of the Gold fields and other industrial resources of British
Columbia. The miners, to their praise be it said, are full
of ardour, grasping eagerly at every opening, for the profitable
employment of their labour or capital, and require no urging
beyond the protection and regulating care of Government.

5. Those elevated table lands were until lately covered
with deep snow, and therefore inac[c]essible to mining operations,
but will soon I trust become the cheerful scene of successful
and wide spread industry.

6. I may here state as a valuable fact, corroborating
what has been before stated in my despatches, concerning the
general productiveness of the gold fields in British Columbia,
that a company of 6 men, holding a gold claim, on Hill's Bar,
worked by a sluice took out the enormous return of 110 ounces
of gold, in one week, and this I am informed, is not an isolated
case of successful mining, many other claims having been proved
equally productive, but I particularize this instance, in
consequence of there being no doubt as to the fact.

7. I will add to the preceding another corroborative fact
in support of the same conclusion, supplied by the following
statement received yesterday from Mr Latham, their Agent;
of the quantity of Gold dust, shipped to San Francisco, and
received on special deposit by the House of Wells Fargo &
Co, of this place from June last, to the present time.

Shipped to San Francisco $525,000 value of, in Gold dust.

Received on Special Deposit 97,000 " " " " "

dollars 622,000

which valued at the current price of gold 15 1/2 dollars an
ounce, gives 40,029 ounces nearly, as the quantity of gold
dust that has passed through their hands for the period
mentioned. This statement compared with the quantities
given in my Despatch No 40 of the 30th November last,
as the export of Messrs Wells Fargo & Co, up to that date,
shows an export of gold by that House, since that statement was
prepared, to the extent of 23,436 ounces of gold.

8. The most favourable reports continue to arrive from
Bridge River, and from the bank diggings of Fraser's River
between Lytton and the Fountain. Many private companies are
engaged in bringing in water from the mountains for sluicing
the elevated table land in that District, and though the mining
season has not properly speaking yet commenced, the miners
appear to have unbounded confidence in the resources of the
Country and are gradually moving towards the upper District.

The weather being now fine and the country accessible,
the tide of immigration will soon be setting towards Fraser's River.

9. The report of a Mr Lindhart, a person residing at
Port Douglas, speaks favorably of the banks of Harrisons River,
situated between the Lake of that name and Lillooet Lake, as
a productive gold field.

10. He states that a company of French miners are sluice
washing, when the weather permits, on the Harrison River, ten miles
beyond Port Douglas and are making from 28/- to 40/- a day, to the man.

One mile further up and on the opposite side of the River,
three miners, hand washing with cradles are making from 10/ to
20/s a day.

11. The same Mr Lindhart also states, as a generally
received opinion, of the Miners about Port Douglas, that there
is an extensive Gold field on the 35 mile table land, which
separates the Lillooet from Anderson's Lake, and in proof
thereof he has forwarded several specimens of the Gold
procured at those place respectively.

12. Mr Commissioner Brew further reports that the country
is in a state of perfect tranquility; that Gold is being
brought down Fraser's River in "large quantities" and that
the gold brought down is "coarse grain and scale gold," which
may be collected at any temperature.

13. It also appears from Mr Brew's communication that
it is difficult in very cold weather to collect the fine or
dust gold by amalgamation, as the quicksilver will not take
up the gold when below a certain temperature.

14. Mr Brew further confirms the general belief in the
rich auriferous deposits of British Columbia, and of the River
Bars, above "Lytton", which he remarks, are said to be "rich
beyond anything that was ever known."

15. It does not however appear from Mr Brew's report
that he has made any further collection of revenue, a subject
on which I therefore cannot give you the information I would desire.

16. I may nevertheless remark that we have hitherto paid
all the expenses of Government out of Colonial funds, and we
shall endeavour by the careful and frugal application of the
public revenue, to indespensable objects only, to tax the
Imperial Treasury to as small an extent as in the circumstances
of the Colony may be possible.



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FILE: 1859-03-10_Douglas_to_Lytton_B59112.txt
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No. 112, Military Expenses

I have the honor to forward to you herewith Copy of two
letters addressed to me by Colonel Moody, Commanding the Troops
in British Columbia, making requisition upon me for the sum
of Two Thousand Five Hundred and Twenty pounds (£2520) to defray
expenses incurred by the Military Department under his Command.

2. In consequence of there being no Funds in the Colonial
Chest with which I could meet this Demand, and the necessity
for obtaining the money being urgent I have been compelled
to avail myself of the permission accorded to me by you, to
obtain the funds as an Advance from the Imperial Treasury.

3. I have accordingly instructed the Treasurer of
British Columbia to draw upon Her Majesty's Paymaster General
for the amount, and he in yesterday's date negociated Bills
to the Amount of Twelve Hundred and Fifty pounds (£1250), the same
being drawn, for the sake of obtaining a better rate of
exchange, in 5 sets for the sum of Two Hundred and Fifty
pounds (£250) each, of which transaction I have duly advised Her
Majesty's Paymaster General.

4. I trust you will approve of this proceeding which I
would beg to assure you I have adopted with great reluctance
and to which I was only compelled by sheer necessity.



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FILE: 1859-03-10_Douglas_to_Lytton_B59115.txt
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No. 115

I have the honor to acknowledge the receipt upon this date
of your despatches of the Dates and Numbers as described on
the other side hereof.

*



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FILE: 1859-03-10_Hamilton_to_Merivale_Permanent_Under-Secretary_B595TE09.txt
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Hamilton to Merivale (Permanent Under-Secretary)

The Lords Commissoners of Her Majesty's Treasury having
had under their consideration your Letter of the 8th
Ultimo forwarding a copy of a letter from Captain Parsons
stating that he proposed to assign a value of 4s/ to the
American Dollar in payments made to the Men of the Royal
Engineers in British Columbia, that being the rating
adopted by the Admiralty in payments made to the Crews of
Ships in the Pacific, I am commanded to acquaint for the
information of Secretary Sir E. Bulwer Lytton that My Lords
are of opinion that the issue of the United States Gold Coins
to the Troops in Vancouver's Island should be regulated by
the rates which legally govern the issue of such coins to
the Troops in the North American Colonies and the West
Indies—viz—at the rate of £2.1 for the Eagle and £1.0.6
for the half Eagle.

I am to observe that by the rate adopted by the Admiralty
for the payment of Ships' Crews in the Pacific, such coins
are undervalued to the extent of 2 1/2 per cent, and the Public
is subjected to a loss to that extent, and it is the intention
of My Lords to communicate to the Board of Admiralty their
opinion that the Navy rate for these coins should be
assimilated to the Army rate.



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FILE: 1859-03-10_Lytton_to_Douglas_B597029.txt
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No. 29

With reference to your despatch No 25 of the 8th of
November last, I have to acquaint you that I have appointed Mr George H. Cary of Lincoln's Inn, a Gentleman who has been highly recommended to me by the Solicitor General to be Attorney General in British Columbia.

I have informed Mr Cary that the Salary of the office will be
Four hundred pounds per annum to be increased hereafter if the Colonial
Revenues will allow; that he will be permitted to enjoy private
practice; and that should the future Legislature of the Colony consider the permission of private practice, under the circumstances of the Colony inexpedient, Her Majesty's Government will require that some addition should be made to the present Salary.

The Warrant for Mr Cary's appointment shall be transmitted to you at a future opportunity.



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FILE: 1859-03-10_Lytton_to_Douglas_B597030.txt
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No. 30

With reference to your despatch No 37 of the 27th of
November I have to acquaint you that the Lords Commissioners of the Admiralty have, at the recommendation of Rear Admiral Baynes, given orders for two Gun
Boats to be fitted for Service in British Columbia.



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FILE: 1859-03-11_Brook,_Thornton_&_Brook_to_Lytton_V596B02.txt
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Brook, Thornton & Brook to Lytton

As we understand it is likely an Iron Church will be sent out to
Vancouvers Island we beg leave to enclose a card of the Athelstan
which is a very superior built New Vessel now at Gt Yarmouth and it
is expected she will be here ready to receive any Cargo there may be
for Shipment in May next.



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FILE: 1859-03-11_Hawes_to_Merivale_Permanent_Under-Secretary_B595WA06.txt
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Hawes to Merivale (Permanent Under-Secretary)

I am directed by Secretary Major General Peel to
acknowledge the receipt of your letter dated 28th Ultimo,
transmitting the copy of a Despatch from the Governor of
Canada, with its enclosed Petition from Captain Cole,
commanding a Volunteer Cavalry Corps in Upper Canada, in which
he solicits permission to raise a force of one hundred Men
for service in British Columbia—a proposal which you state
Sir Edward Lytton sees no advantage in entertaining so far
as British Columbia is concerned, but which he thinks might
possibly be turned to account elsewhere.

In reply I am to request that you will acquaint Sir
Edward Bulwer Lytton that, stipulating as Captain Cole does
for conditions on behalf of himself and his men, far more
advantageous than those which have been granted to the Officers
and Men of the Royal Engineers who have proceeded to British
Columbia, General Peel considers it too improbable that any
terms which could in reason be proposed for securing the
services of Captn Cole and his Men would be accepted, to
render it worth while to instruct the Governor to make any
communication to him on the subject.

I am to add that it is open to the men to whom Captain
Cole refers as anxious to join the British Army, to present
themselves to the Recruiting Agent in Canada for the
100th Royal Canadian Regiment.



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FILE: 1859-03-11_Stamp_to_Carnarvon_Parliamentary_Under-Secretary_B596S02.txt
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Stamp to Carnarvon (Parliamentary Under-Secretary)

I beg leave to address your Lordship respecting an application
which I am now making to My Lords Commissioners of the Admiralty copy
of which I herewith inclose.

I am aware this matter does not come within the jurisdiction of
the Colonial Office, but believing that whatever is likely to benefit
and open the resources of the young and promising colony of British
Columbia, will meet with a favourable reception from your Lordship, I
respectfully beg your kind intercession with My Lords of the
Admiralty—I only ask permission to supply the Admiralty with Spars
at the usual price, and of better quality than can be got from any
other part of the world. As a proof of my ability to carry out a
contract of this kind, I beg to state that there are three cargo's now in
London sent home by myself, which are admitted by our best judges of
timber, to be superior to any spars they have ever seen.



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FILE: 1859-03-13_Grant_to_Lytton_V596G01.txt
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Grant to Lytton

In sitting down to write the accompanying letters, I had intended to
address myself to the Geographical Society of which I am a member,
& to confine myself merely to the matter of town sites. I have
however been led "currente colonio"

to dwell on so many other topics that I seem entirely to have
transgressed the limits of a simply geographical paper. I therefore
venture to take the liberty of addressing my letter to you Sir as
Colonial Minister, in case that any of the remarks contained in it,
sd be useful to you, and through you to the colony in question.

I am aware of the difficulty of altering the direction of commerce or
even of passenger traffic when once it has taken a run to any
particular locality. Still it seems a pity that the money of the
public as well as of private individuals sd all be expended on such
a place as Victoria, when so many sites unquestionably superior
remain comparatively unoccupied. I sd fancy that the neighbourhood
of Victoria might with some propriety be bestowed on the Hudson's Bay
Compy—thus at once satisfying their claims, and doing so in a
manner least expensive to the public. I am tolerably
well acquainted with the Island having purchased land frm the H.B.C.
and gone out there as a colonist in '49 taking with me some of my own
people from the North of Scotland, & I have subsequently travelled
over & sailed round the greater portions of the district. I trust
therefore that [the] interest which I consequently feel [in] the
prosperity of our new Colony, [does] in some measure plead my
case, for having ventured to trouble you with the accompanying
remarks. There is little danger to be apprehended from Scylla
(Russia), but I fear that accident alone can prevent Vancouvers
Island eventually from being swallowed up by Charybdis (America in
Puget Sound).

I beg of you to accept my apologies for troubling you, & to receive
with them the assurance of the sincere respect with which I have the
honor to remain



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FILE: 1859-03-14_Cary_to_Carnarvon_Parliamentary_Under-Secretary_B596C02.txt
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Cary to Carnarvon (Parliamentary Under-Secretary)

I have the honour to acknowledge the receipt of your Lordships
letter of the tenth instant and to request that you will inform Sir
Edward Bulwer Lytton that I have great pleasure in accepting the
office of Her Majesty's Attorney General for British Columbia and that
I shall be prepared to start for my destination on the second proximo.



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FILE: 1859-03-14_Douglas_to_Lytton_B59114.txt
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No. 114

I have the honor to acknowledge the receipt of your Despatch
No 62 of the 30th of December last, containing many valuable
observations on the policy to be observed towards the Indian
Tribes of British Columbia, and moreover your instructions,
directing me to inform you if I think it would be feasible to
settle those Tribes permanently in villages; suggesting in
reference to that measure, that with such settlement, civilization
would at once begin; that law and religion would become naturally
introduced among them, and contribute to their security against
the aggressions of immigrants; that through indirect taxation,
on the additional articles they would purchase, they would
contribute to the Colonial revenue, and with their own consent,
some light and simple form of taxation might be imposed, the
proceeds of which would be expended strictly and solely on
their own wants and improvement.

2. I have much pleasure in adding, with unhesitating
confidence, that I conceive the proposed plan to be at once
feasible, and also the only plan which promises to result in
the moral elevation of the Native Indian races; in rescuing them from
degradation and protecting them from oppression and rapid decay.

It will, at the same time, have the effect of saving the
Colony from the numberless evils which naturally follow in the
train of every course of national injustice, and from having
the Native Indian Tribes arrayed in vindictive warfare against
the white settlements.

3. As friends and Allies the native races are capable
of rendering the most valuable assistance to the Colony while
their enmity would entail on the settlers, a greater amount
of wretchedness and physical suffering, and more seriously
retard the growth and material development of the Colony,
than any other calamity to which, in the ordinary course
of events, it would be exposed.

4. In my despatch No 4 of the 9th of February last,
on the affairs of Vancouver's Island, transmitting my
correspondence with the House of Assembly, up to that date,
there is a message made to the House on the 5th of February
1859, respecting the course I proposed to adopt in the disposal
and management of the land reserved for the benefit of the
Indian population at this place, the plan proposed, being
briefly thus; that the Indians should be established on that
reserve, and the remaining unoccupied land should be let out
on leases at an annual rent to the highest bidder, and that the
whole proceeds arising from such leases should be applied to
the exclusive benefit of the Indians.
*

5. The advantages of the arrangement are obvious. An
amount of capital would thereby be created, equal perhaps to
the sum required for effecting the settlement of the Indians,
and any surplus funds remaining over that outlay, it is proposed
to devote to the formation and support of schools, and of a
Clergyman to superintend their moral and religious training.

6. I feel much confidence in the operation of this simple
and practical scheme and provided we succeed in devising means
of rendering the Indian as comfortable and independent in regard
to physical wants in his improved condition, as he was when a
wandering denizen of the forest, there can be little doubt of the
ultimate success of the experiment.

7. The support of the Indians will thus, wherever land
is valuable, be a matter of easy accomplishment, and in Districts
where the white population is small, and the land unproductive,
the Indians may be left, almost wholly to their own resources,
and, as a joint means of earning their livelihood, to pursue
unmolested their favourite calling of fishermen and hunters.

8. Anticipatory Reserves of Land for the benefit and support
of the Indian Races, will be made for that purpose, in all the
Districts of British Columbia inhabited by Native Tribes.

Those reserves, should in all cases include their cultivated
fields, and village sites, for which from habit and association
they invariably conceive a strong attachment, and prize more,
for that reason, than for the extent or value of the land.

9. In forming settlements of Natives, I should propose,
both from a principle of justice to the State, and out of
regard to the well-being of the Indians themselves to make such
settlements entirely self-supporting, trusting for the means
of doing so, to the voluntary contributions in labor or money
of the natives themselves; and secondly, to the proceeds of
the sale or lease of a part of the land reserve, which might
be so disposed of, and applied towards the liquidation of
the preliminary expenses of the settlement.

10. The plan followed by the Government of the United
States, in making Indian settlements, appears in many respects
objectionable; they are supported at an enormous expense by
Congress, which for the fiscal year ending June 30 1856,
granted the sum of 358,000 dollars for the support and
maintenance of the Indians of California alone, and for
the four years ending with the 30th June 1858 the total
expenditure for that object, came to the large sum of 1,104,000
dollars, and notwithstanding the heavy outlay, the Indians
in those settlements are rapidly degenerating; neither would
I recommend the system pursued by the founders of the Spanish
Missions in California.

Their objects, though to a certain extent mercenary, were
mainly of a benevolent kind; the Indians were educated and
trained in the Roman Catholic Faith; they were well fed and
clothed, and they were taught to labor; but being kept in a
state of pupilage, and not allowed to acquire property of
their own, nor taught to think and act for themselves, the
feeling and pride of independence were effectually destroyed;
and not having been trained to habits of self government and
self reliance, they were found, when freed from control,
altogether incapable of contributing to their own support and
really were more helpless and degraded than the untutored savages.

11. With such beacons to guide our steps, and profiting
by the lessons of experience so acquired, we may perhaps
succeed in escaping the manifest evils of both systems; the
great expense and the debasing influences of the American
system, by making the Indians independent and the settlements
self-supporting, and to avoid the rock on which were wrecked
the hopes of the Spanish Missions, I think it would be
advisable studiously to cultivate the pride of independence
so enobling in its effects, and which the savage largely
possesses, from nature and early training.

12. I would for example propose that every family should
have a distinct portion of the reserved land assigned for
their use, and to be cultivated by their own labor, giving
them however for the present, no power to sell or otherwise
alienate the land, that they should be taught to regard that
land as their inheritance; that the desire should be
encouraged and fostered in their minds, of adding to their
possessions, and devoting their earnings to the purchase of
property, apart from the reserve, which would be left entirely
at their own disposal and control; that they should in all
respects be treated as rational beings, capable of acting
and thinking for themselves; and lastly, that they should
be placed under proper moral and religious training, and left
under the protection of the laws, to provide for their own
maintenance and support.

13. Having touched thus briefly on the prominent features
of the system, respecting which you requested my opinion, and
trusting that my remarks may convey to you the information
you desired, and may not be deemed irrelevant.



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FILE: 1859-03-14_Lytton_to_Douglas_B597031.txt
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No. 31

I have received from Captain Parsons R.E. a letter dated Van
Couver's Island 9th November last, stating that he proposed to assign
a value of four shillings (4s/-)
to the American Dollar in making payments to the
Royal Engineers in British Columbia, and I enclose, for the information and guidance of yourself and of the Military Authorities in the Colony, the copy of a letter which I have received from the Treasury defining the rates which should regulate the issue to the Troops of United States Gold Coins.



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FILE: 1859-03-15_Douglas_to_Lytton_B59113.txt
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No. 113, Military Expenses

With reference to my Despatch of the 10th Instant No
112, reporting to you that in consequence of a Requisition
made upon me by Colonel Moody for the sum of Two thousand,
Five Hundred and Twenty pounds (£2520), for defraying Expenses
incurred by the Military Department, I had drawn upon Her Majesty's
Paymaster General, through the Colonial Treasury for the
sum of Twelve Hundred and Fifty pounds (£1250), I have now the
honor to inform you that the Treasury has this day negociated
Bills for a further sum on this account of Four Hundred pounds (£400).

2. The Bills are in two sets for Two Hundred pounds each,
numbered 6 & 7, at 30 days sight, and in favor of Messrs Price
and Co of Victoria of which particulars I have duly advised
Her Majesty's Paymaster General.



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FILE: 1859-03-15_Lytton_to_Douglas_B597032.txt
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No. 32

I have received your despatch of the 6th January, No 65,
forwarding, with copies of two letters from Judge Begbie, the copy of an
Order of Court regulating the admission of Barristers and Attornies to
the Court of British Columbia.

I regret that there should be no duly qualified English Lawyers to
practice in the Court, and that it has been, therefore, necessary to
admit foreign Counsel. But as the arrangement which you report is
plainly unavoidable and only temporary I offer no objection to it.



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FILE: 1859-03-18_Douglas_to_Lytton_B59116.txt
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No. 116

I have had the honor of receiving your Despatch No 60 of
the 30th December last, acknowledging receipt of certain
of my Despatches, and favoring me with a few observations thereon.

2. The highly gratifying manner in which you are pleased
to express to me your own approval of my course of action,
and in which you assure me of the sense entertained by Her
Majesty's Government of my humble endeavours faithfully to
discharge the trust reposed in me, is most acceptable and pleasing.

3. My subsequent Despatches will have put you in possession
of the information which you express your anxiety to receive,
upon the subject of the resources of the Colony, and the
probable revenue to be derived during the present year.

4. I feel much indebted to you for your remarks in regard
to the duty imposed upon imported Articles, and in respect
to the amount of the duty itself. In all financial matters
I have borne the axiom in mind that a true policy of all
Nations is to be found in unrestricted industry, and that a
system of high duties will lead to fraudulent Invoices, to
smuggling, and to other attempts to defraud the Revenue.
I conceived that those evils would be inseparable from an
extravagant rate of duty, and that smuggling, especially,
would be created if the duties exceeded the risk and expense
of illicit intercourse, but in adopting a duty of 10 per
Cent ad valorem, I believed I was not departing from these
principles, for I did not consider that such an amount
would bear too heavily upon industry nor that it would furnish
sufficient inducements for smuggling, except, perhaps in the
single article of spirits, which might be surreptitiously
introduced by the overland route from the American Frontier.
However, under the Proclamation of the 3rd of December
*

last (Copy transmitted in my Despatch of the 4th December
No 42) there is a considerable modification of the duties
upon imports, many Articles being free, and others at a low
specific rate, so that the general ad valorem duty is dispensed
with, and I am led to believe that upon the average a very
large reduction is made upon the 10 per Cent rate.



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FILE: 1859-03-19_Douglas_to_Lytton_B59117.txt
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No. 117

I have duly received your Despatch of the 30th December
1858, No 61, acknowledging receipt of my Despatch No 6 of
26th October last, and detailing your views upon one or
two topics, in connection therewith, which seemed to you to
deserve a separate notice.

2. In reference to your remarks upon Mr Pearkes' proposal
for the administration of the Law, I would beg to observe that
I have placed the judicial organization in the hands of Mr
Begbie, and he is now most assiduously devoting his time to
that important object.

3. The principle you have laid down that the amount to be
expended on Judicial and legal Establishments is to be regulated
by the Income of the Colony, will be strictly adhered to.
You may rest assured that no expensive undertakings will be
engaged in without consulting and obtaining the approval of
Her Majesty's Government, and that every prudence and caution
will be exercised in the application of the Public Money. I
cannot conceal my fear, however, that such a course may have
the effect of retarding the advancement of the Colony, and of
impairing the character of my administration of public affairs,
but the instructions of Her Majesty's Government shall,
nevertheless, be observed with the closest attention.

4. I have read with much consideration your remarks,
impressing upon me the advantages arising to a Colony which is
self-supporting, and reminding me of the aid which has been
contributed to British Columbia from England. I trust I
have not conveyed to you the idea that I had any cause for
complaint. On the contrary I have always admitted, and I
now also acknowledge, that your attention and promptitude in
supplying the wants of the Colony in its infant state have
been extreme; and as a consequence thereof there is now a
considerable Naval and Military Force present, but the Paper
addressed to me by Colonel Moody, and of which I transmitted
a Copy to you in my Despatch of the 9th Ultimo No 96, will
shew that the Royal Engineers are incapable of accomplishing
the whole of the works contemplated, and assigned to them on
their departure from England. In fact Colonel Moody is of
opinion that they will be able to do little more than to attend
to the Survey of Town Lots, and that the rural Surveys, the
construction of Roads and Bridges, and opening the great
communications of the country must be otherwise provided for,
unless the development of the Colony be retarded to an extent
that would prove most disastrous to its prosperity. The
Colony will thus have to incur a heavy outlay before any
return can be derived from sales of Land, and before the
difficulties of access, which now constitute the great
impediment to the opening out of the Mining regions, can be
removed. It is only to get through these early difficulties
that I requested the aid of the Imperial Government. The
resources of the Country are undoubtedly, great, but an
immediate Revenue is indispensable to render those resources
available, and I therefore trust that my representations regarding our
pecuniary requirements may obtain favorable consideration.



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FILE: 1859-03-19_Hamilton_to_Merivale_Permanent_Under-Secretary_V595TE01.txt
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Hamilton to Merivale (Permanent Under-Secretary)

I am desired by the Lords Commissoners of Her Majesty's Treasury to
transmit for the information of Sir EB Lytton, with reference to your
letter of the 14th Ulto the enclosed copy of a Report and of it's
enclosure from the Postmaster General, on the offer of Mr Stamp to
Establish Mail Packet communication between San Francisco and British
Columbia, and I am to request that you will move the Secretary of
State to cause My Lords to be favored with any observations on the
subject which he may wish to offer.



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FILE: 1859-03-19_Lytton_to_Douglas_B597033.txt
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No. 33

I have to acknowledge the receipt of your despatch No 42 of the
4th December last transmitting copies of two proclamations issued by
you, the first conferring on yourself and your successors the power to
convey Crown Lands within the Colony of British Columbia; the second
imposing duties on Imports into British Columbia.

I have laid these Proclamations before the Queen, and I am
commanded to acquaint you that Her Majesty has been pleased to approve them.



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FILE: 1859-03-19_Lytton_to_Douglas_B597034.txt
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No. 34

I have to acknowledge the receipt of your despatch No 25 of the
8th
November last containing the report called for by me on the question
of granting remissions on the purchase of land in British Columbia to
retired Officers of the Army and Navy.

These advantages in the purchase of land were formerly granted to
Military and Naval Officers in all the British Colonies, and though they
have been discontinued in the North American Colonies they are still
retained in most of the Australian Colonies, at the Cape and in Ceylon.
I am not aware that they have had any extensive influence in any Colony,
but whatever effect they have would be, as you observe, to introduce a
superior and a very loyal and attached Class of Settlers, and that
effect could not fail to be especially beneficial in British Columbia.
I therefore transmit to you a copy of the usual regulations on this
subject,

*

and authorize you to promulgate them unless the circumstances
of British Columbia should appear to you to require some modification of their provisions.



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FILE: 1859-03-21_Corry_to_Merivale_Permanent_Under-Secretary_B595AD13.txt
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Corry to Merivale (Permanent Under-Secretary)

I am commanded by My Lords Commissioners of the
Admiralty to send you herewith, for the information of
Her Majesty's Secretary of State for the Colonies, a
Copy of a Letter from Captain Prevost of Her Majesty's
Ship Satellite, dated the 10th Jany last, with
Copies of its enclosures, reporting the measures taken
on the requisition of Governor Douglas for strengthening
the hands of the Civil Power in the disturbed district
in Fraser's River.

My Lords deem it proper to direct Sir Bulwer Lytton's
attention to the expediency of maintaining such a Military
Force in British Columbia as may be sufficient to uphold
the authority of the Civil Power, and to obviate the
necessity of rendering Her Majesty's Ships from time to
time inefficient for the general Service of the Station
from their Seamen and Marines being landed for this purpose.



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FILE: 1859-03-21_Douglas_to_Lytton_B59118.txt
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No. 118

I have duly received your Circular Despatch of the 23rd
December 1858, inclosing Regulations for the Examination of
Candidates for the Civil Service of India, and every publicity
shall be given to the same in accordance with your directions.



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FILE: 1859-03-21_Douglas_to_Lytton_B59119.txt
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No. 119

In compliance with the instructions contained in your
Despatch No 5, of the 15th January 1859, I have duly
communicated to Captain Gosset, the Treasurer of British
Columbia, the contents of the letter you enclose from the
Colonial Agent General upon the subject of a requisition
furnished by Captain Gosset prior to his departure from
England, and more particularly with reference to that part
of the demand relating to the skeleton gear of a powerful water wheel.

2. I observe the Instructions you have given to the
Agent General to send only such Articles as cannot be made
upon the spot; a wise decision in the case of the water wheel
applied for by Captain Gosset, as without specific information
as to its kind and size, it would probably have been of no
service to the Colony and only an expenditure of money to no purpose.



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FILE: 1859-03-21_Douglas_to_Lytton_B59120.txt
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No. 120, Military

I have the honor to acknowledge receipt of your Despatch
of the 3rd January 1859, No 1, acquainting me with reference
to your Despatch No 49 of the 1st December that the Paymaster
General had been authorized to accept and pay a further Bill
for One Hundred and Eighty seven pounds, fourteen shillings
(£187.14.0), drawn by Captain Parsons, R.E. on account of the Detachment
of Royal Engineers under his Command.



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FILE: 1859-03-21_Douglas_to_Lytton_B59121.txt
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No. 121, Financial

I have the honor to acknowledge receipt of your Despatch
of the 6th January last No 3, enclosing the copy of a letter
from the Commissioners of Audit with the forms therein referred
to for the adoption by the Treasurer of British Columbia, so
soon as the financial arrangements of the Colony may admit,
and I beg to acquaint you that the instructions therein
contained shall be duly attended to.



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FILE: 1859-03-21_Douglas_to_Lytton_B59122.txt
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No. 122, Judicial

I have the honor to acknowledge the receipt of your Despatch
of the 6 January 1859, No 2, acquainting me that The Queen had
been pleased to institute a Court of Vice Admiralty for the
Colony of British Columbia and transmitting to me Her Majesty's
Commission constituting me Vice Admiral of the same, and also
transmitting Her Majesty's Commission to Mr Matthew Baillie
Begbie as Judge of that Court.

2. The Fees required by the High Court of Admiralty upon
Mr Begbie's Commission, amounting to £7.8.4, will be
obtained from Mr Begbie, and transmitted according to your
instructions.

3. I have also received one Copy of the Rules and
Regulations of the said Court, which shall be duly delivered
to Mr Begbie.



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FILE: 1859-03-21_Lytton_to_Douglas_B597035.txt
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No. 35

I have to acknowledge the receipt of your despatch No 77 of the
20th January last, relative to the disturbed state of Fort Yale and
reporting that you had suspended Mr Perrier from the exercise of his
functions as a Justice of the Peace; and I await the result of Colonel
Moody's investigation of the case.

I take this opportunity to notice an inaccuracy into which you have fallen in this despatch in designating Colonel Moody the Lieutenant Governor. You will observe that it is of importance to bear this in mind as his functions in that capacity will commence only in the event of the death or absence of the Governor.



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FILE: 1859-03-21_Naas_to_Merivale_Permanent_Under-Secretary_B595MI09.txt
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Naas to Merivale (Permanent Under-Secretary)

Referring to your letter of the 8th instant,
relative to sending out a party of the Irish Constabulary Force
to British Columbia, I beg to transmit for the information of
Secretary Sir Edward Bulwer Lytton, Copy of a report which has
been received from the Inspector General of Constabulary upon the
above subject; and I am to request that the information required
by Sir Henry Browning may be afforded, in order that he may be
enabled to furnish a definite reply to your communication.



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FILE: 1859-03-22_Lytton_to_Douglas_B597036.txt
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No. 36

I have received your despatch No 80 of the 22d January
last, and have learned with satisfaction that the difficulties at
Fort Yale and Hills Bar have been adjusted.

I approve the course taken by Colonel Moody in proceeding to Fort
Hope with a party of Marines and Royal Engineers to maintain order.



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FILE: 1859-03-22_Trutch_to_Carnarvon_Parliamentary_Under-Secretary_B596T02.txt
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Trutch to Carnarvon (Parliamentary Under-Secretary)

I have the honor to acknowledge the receipt of Post Office
Order for £1, amount for two Maps of Oregon & Washington Territories, furnished in July last, and remain, My Lord,



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FILE: 1859-03-23_Douglas_to_Lytton_V59008.txt
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No. 8

I have the honor to lay before you the following circumstances
in connection with the plunder of the United States Merchant
Brig "Swiss Boy" by the Indians of Barclay Sound on the South
west coast of Vancouver's Island, into which place the "Swiss Boy" entered, in a waterlogged and unseaworthy condition.

2. I believe the Master of the "Swiss Boy" has proceeded to
Washington, with a view of making an attempt to establish a
claim against Her Majesty's Government for the loss of his
vessel, and I am therefore anxious to place you in possession of
the facts of the case, with the least possible delay.

3. On or about the 18th Ultimo, I received a statement from
Mr David K. Welden, the Master of the "Swiss Boy," a copy of
which forms Enclosure No 1, detailing the circumstances of the
abandonment and plunder of his vessel. To this I returned an
answer (Enclosure No 2), acquainting him that Her Britannic
Majesty's Ship "Satellite" would proceed to Barclay Sound, to
enquire into the case and to restore to him his vessel and
property, and that a passage for himself and crew would be
provided in the "Satellite." This offer he refused to accept,
as will be seen from his Letter, dated 22nd February, Enclosure
No 3. On the 23rd February I received a further letter from
Mr Welden, Enclosure No 4, stating that he held himself
in readiness to proceed in any vessel that might be despatched to
investigate the case, to this I replied by Enclosure No 5,
referring him to the former letter addressed to him, but he did
not avail himself of the opportunity offered him for receiving
his property, for altho' there was ample time for him to find
his way on board the "Satellite," he did not make his
appearance, but allowed her to depart without him, and the same
day, the 24th of February, he quitted this place in the mail
Steamer for San Francisco.

4. The requisitions I made to the Senior Naval Officer for the
assistance of a vessel of war to investigate the alleged
outrages, form Enclosures No 6 and 7.

5. On the 11th of Instant the "Satellite" returned to
Esquimalt, and I forward herewith the Report, Enclosure No 8,
made upon the case by Captain Prevost, which goes very fully
into the matter, and would appear conclusively to shew that the
"Swiss Boy" was unseaworthy before she left Port, and was most
improperly overladen. The fact of the first may be judged from
some specimens of her timbers forwarded by Captain Prevost, and
sent herewith, and the proof of the latter rests upon the Report
of the Officers appointed by Captain Prevost to hold a survey
upon the vessel, vide Enclosure No 12.

6. It will be seen that the cargo of the "Swiss Boy"; Timber,
remained untouched on board the vessel at the time of the
"Satellite's" visit, and that the property stolen by the natives
consisting mainly of the personal effects of the Master and
crew, was recovered by Captain Prevost, and there being no
person authorized to take possession of it, was placed in a hut,
under the charge of one of the Chiefs where, I have no doubt it
will remain undisturbed for any length of time.



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No. 9

I have the honor to acknowledge the receipt of your despatch of
the 7th January 1859 No 4, transmitting to me copy of a
letter, with its enclosure, from the Board of Trade, upon the
subject of declaring Victoria in Vancouver's Island a Free Port,
and requesting me to give the subject my consideration and to
furnish you with my opinion as to the feasibility and expediency
of carrying out this suggestion.

2. In the course of my Official Correspondence with Her
Majesty's Government, and especially from the Ordinance issued
at Victoria on the 3rd of December last, Sec. 6, imposing
Customs Duties on Goods imported into British Columbia, it will
be seen that the Port of Victoria, including Esquimalt Harbour,
has been always maintained on the footing of a FREE PORT,
inasmuch as no Duties on Imports or Exports have been levied, as it
is open to the Trade of all Nations, and Vessels are not subject
to any charges except a small Entrance and Clearance Fee.

3. I may further add for your information that no duties on
Imports have, up to the present time, been levied at any other
Port of Vancouver's Island.

4. This was not fortuitous or the effect of accident, but a
part of the policy by which it was sought to encourage and
foster Trade, and to make Victoria an Entrepôt for the Coast of
North west America.

5. That measure has manifestly an important bearing on British
Trade, and is deserving the serious attention of Her Majesty's
Government—especially as the discovery of Gold in British
Columbia has given so decided a development and promises to add
so largely to the value of the trade of those Colonies.

6. Their present trade is, from circumstances, almost
exclusively confined to the Ports of Oregon and California, to
which the Produce of Vancouver's Island and the gold of British
Columbia are alike exported, the Returns received being
articles used for food, and manufactured goods. These goods are
necessarily burthened with the Customs and Municipal duties
levied in California, forming a charge of nearly 30 per cent on
their first cost.

7. The practical effect is that the consumers in these
Colonies are thus made to pay a tax of nearly 30 per cent on all
articles imported from places in the United States.

8. The Victoria Custom House Returns for the six months ending
on the 31st day of December last, shew that the declared value
of imports at Victoria, from Ports in the United States, but
chiefly from California, during that period amounted to the sum
of £309,679.17.6, so that the charge of 30 per cent, thereon,
would come to £92,903, an amount which thus appears to have been
paid by the consumers in Vancouvers Island and British Columbia,
thereby increasing to that extent, the revenue of a Foreign Power.

9. It is evident that a direct trade with the producing
countries would save that outlay to the Colonies.

10. Our Legislative measures have therefore all been framed
with the view of opening a trade with England especially, and
also with the producing Countries of Europe and South America
to induce vessels coming from thence, by the absence of
restrictions and charges to bring their cargoes direct to this
Port; without stopping to discharge at any intermediate place.

11. That object gained, goods might be sold here at a price but
little in advance of their first cost and freight.

12. That advance and freight would go to enrich the mother
country, to the extent at least, that the import trade would be
carried on in British Ships, and the consumers in Vancouver's
Island and British Columbia would reap the advantage of a large
consequent reduction, in the price of all the necessaries of life.

13. The whole export trade of Vancouver's Island and British
Columbia, would naturally fall into the hands of British
shipowner[s], and all shipments be made directly to the Ports of
Great Britain.

14. Our connection with California, as a source of supply,
would then cease.

15. The large and growing trade of British Columbia would fall
into the hands of British Merchants and Victoria from its
favourable position, and freedom from charges and Commercial
restrictions, would become a great store house of British Goods,
and the centre of a prodigious trade with the neighbouring
countries in the Pacific.

16. Those important advantages, are I conceive attainable by
declaring Victoria, including Esquimalt a Free Port, and the
existing laws of the Colony are not repugnant to that measure,
which is so manifestly calculated to promote the interests of
British Commerce, and the material advancement of these
Colonies, that I beg most earnestly to recommend it for
adoption.



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FILE: 1859-03-23_Lytton_to_Douglas_B597037.txt
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No. 37

I have to acknowledge the receipt of a letter from Mr H.M. Snyder
dated Victoria, Vancouver's Island 20th December last relative to a
Memorial addressed to me by Proprietors, Householders and Residents of
Vancouvers Island, expressing their gratification at your having been
appointed Governor of British Columbia, I request that you will inform
Mr Snyder that I have received his letter.



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FILE: 1859-03-23_Lytton_to_Douglas_V597037.txt
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No. 37

I have to acknowledge the receipt of a letter from Mr H.M. Snyder
dated Victoria, Vancouver's Island 20th December last relative to a
Memorial addressed to me by Proprietors, Householders and Residents of
Vancouvers Island, expressing their gratification at your having been
appointed Governor of British Columbia, I request that you will inform
Mr Snyder that I have received his letter.



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FILE: 1859-03-23_Rogers_to_Merivale_Permanent_Under-Secretary_B595LN07.txt
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Rogers to Merivale (Permanent Under-Secretary)

I have to acknowledge your Letter of the 17th instant
enclosing a correspondence which has taken place between the
Secretary of State and the President of the Society of
Solicitors before the Supreme Court in Scotland.

2. This Gentleman complains that Solicitors before
the Supreme Courts of Scotland are not allowed to practice
in the Courts of British Columbia. It appears on enquiry
that this is a mistake, but that it is true that Solicitors
are excluded from practice before the Supreme Court of
Vancouvers Island under the Order in Council of the
4th of April 1856 which only admits to practice
Attorneys—Solicitors and Proctors of the English and
Irish Courts and Writers to the Signet of the Scottish Courts.

3. I have no doubt that the phraseology of the
Vancouvers Island Order in Council was merely borrowed
from some existing precedent

*

and I perceive that it is
identical in substance with a provision of the Charter of
Justice of Gibraltar dated 1 September 1830 (Clark page 683)
and of the Cape of Good Hope in May 1832 (Clark page 478).

4. But I see that the qualification usually required
is that of having been admitted "Writers Attorneys or
Solicitors in one of our Courts at Westminster Dublin or
Edinburgh" which would I presume admit the "Solicitors
before the Supreme Court of Scotland." By referring to
Clarks Colonial Law it will be seen that the above phrase
is used in the following documents.

Charter of Justice Newfoundland 19 Septr 1825. (Clark page 427)

Ditto New South Wales 22 April 1834. (Clark page 630)

Ditto Van Diemens Land 4 March 1831. (Clark page 656)

and it is used in the New Zealand Rules of Court article 7.

5. I feel no doubt that the Solicitors of the Supreme
Court are fairly entitled to the privilege of practising in
Van Couvers Island if it be thought worth while to make the
requisite amendment in the Order in Council of the 4th of April 1836.

6. A careful scrutiny of Charters, Colonial Laws and
(so far as accessable) the Rules of Court passed by Colonial
Judges would possibly bring to light similar exclusions in
other Colonies. But as these could not always be amended
in the same ready way, and as the search would involve
much labor and could not after all be relied upon for
completeness it would probably be advisable to confine the
amendment, if made at all, to Van Couver's Island.



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FILE: 1859-03-24_Corry_to_Merivale_Permanent_Under-Secretary_B595AD14.txt
================================================================================

Corry to Merivale (Permanent Under-Secretary)

I am commanded by My Lords Commissioners of the Admiralty
to acquaint you, for the information of Secretary Sir E. Bulwer
Lytton, that directions have been given for the Bishop of
Columbia to be conveyed from Panama to Vancouver's Island in one
of Her Majesty's Ships, if it can possibly be done without
inconvenience to the public service.



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FILE: 1859-03-24_Hamilton_to_Merivale_Permanent_Under-Secretary_B595TE10.txt
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Hamilton to Merivale (Permanent Under-Secretary)

I am commanded by the Lords Commissioners of Her Majesty's
Treasury to acquaint you for the information of the Secretary of
State that the Paymaster General has been authorized to pay to
Mr George H. Cary who has been appointed Attorney General of
British Columbia the sum of £150, for passage allowance on
proceeding to the Colony, as requested in your letter of the 21st
Instant.



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FILE: 1859-03-24_Lytton_to_Douglas_B597038.txt
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No. 38

I have to acknowledge the receipt of your Despatch, No 69, of the 7th January, reporting the arrival of the Reverend W.B. Crickmer with a License from the Bishop of London to fulfil the Office of Chaplain to the Residents in British Columbia.

I have to acquaint you that Mr Crickmer has not received from me any appointment as Chaplain. On the formation of the Civil Government in British Columbia, the Society for the propagation of the Gospel appointed the Reverend J. Gammage to officiate there and he was granted a passage to the Colony in the "Thames City" which conveyed the Royal Engineers. Shortly afterwards the Colonial Church Society selected Mr Crickmer as their Missionary. Neither clergyman received any promise of
remuneration or other privileges, and I should regret if owing to the terms of the Bishop's License you should assign to Mr Crickmer any Seniority of position amongst the Clergy in the Colony.

I have applied to the Bishop of London for information as to the
terms of the Credentials given to Mr Gammage and Mr Crickmer, on
the receipt of which I shall address you further on this subject. In the
meantime I must instruct you that no permanent Ecclesiastical
arrangements can be made till they shall have received the sanction of
the Bishop of British Columbia who may be expected shortly to arrive in
the Colony.



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FILE: 1859-03-24_Lytton_to_Douglas_B597039.txt
================================================================================

No. 39

I have to acknowledge the receipt of your Despatch No 79, of the
21st of January reporting on the state of the Colony up to that date,
and forwarding a sample of Gold found at "Stonia" on the Fraser River.



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FILE: 1859-03-24_Lytton_to_Douglas_B597039A.txt
================================================================================

Separate

Referring to my despatch, No 29 of the 10th instant, I
transmit to you herewith the Queen's Warrant under the Royal Sign Manual
for appointing Mr George Hunter Cary to be Attorney General for
British Columbia.



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FILE: 1859-03-24_Lytton_to_Douglas_V597040A.txt
================================================================================

Confidential

I have had occasion since the date of my despatch of the 15th
February last to refer again to your despatch
No 49 of the 11th December
in which you report that you had appointed a Harbor Master and Pilot for
Victoria; and as although you have reported to me the arrival of Mr
Cooper whom I had previously appointed Master at Esquimalt for British
Columbia, you have not yet informed me that he has assumed his office.
I think it necessary to address you on the subject of the position of
that gentleman.

If the appointment which you have made shall have provided
sufficiently for all the duties of Harbor Master for the two Colonies at
a smaller expense than the salary of £400 assigned to Mr Cooper, I
refer to the discretion given you by my despatch of the 2nd September
either to combine his services at Esquimalt with some other office in
British Columbia, or to alter the title of his office, with which view I
abstained from sending you a warrant for his appointment.

But I must acquaint you that I consider that in sending out Mr
Cooper, the faith of the government is pledged to his appointment to an
office of the value promised, and that from the circumstances that Mr
Cooper's evidence of the capabilities of the country contributed much to
its erection into a Colony, any delay or obstruction to his appointment
would be regarded as owing to the hostility he may have provoked from
the Hudson's Bay Company, and would lead to difficulties and enquiries
which it might be desirable to avoid. The great desire you have
expressed that the officers appointed from England might be strangers to
the Colony would afford us grounds for the now appointment of Mr
Cooper, and I trust by the next Mail to hear that he has been appointed
to some place for which he may be fitted.



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FILE: 1859-03-25_Douglas_to_Lytton_B59123.txt
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No. 123

The Mail Steamer being hourly expected, I have the honor
to communicate for your information the occurrences worthy of
note that have taken place since the date of my last general
report, contained in my Despatch of the 10th Instant, No 111.

2. Great excitement has been recently produced in Victoria
by the exhibition of a nugget of pure gold weighing 14 1/4
ounces, procured by the Agents of the Hudson's Bay Company
from the Indians of Queen Charlotte's Island.

3. There is a generally prevalent impression founded
on the discovery of Gold in that Island in the year 1851,
that it will yet become a productive gold field.

4. The gold collected at that period, with the exception
of some water borne pieces of small size, and a lump weighing
27 ounces found on the beach at the mouth of a fresh water
rivulet, was procured by blasting from a vein of white quartz
running parallel with the Coast, some of the masses of which
were so largely impregnated with gold as to yield a return
of 25 per Cent on the gross weight. The operation of blasting
was continued until all traces of gold disappeared and the
Miners, discouraged by the inclemency of the weather, the
numbers and dangerous character of the Indians, and the
difficulty of exploring a thickly wooded and extremely rugged
Country, did not prosecute the search further, though I am
of opinion that had they done so they would have met with
a successful issue.

5. I fancy that gold will be found in many other parts
of the Coast of British Columbia. Mr McNeil the Officer in charge of the Hudson's Bay Company's Establishment at Fort
Simpson, Latitude 54:25. N., in a letter just received from
him makes the following observation.

You mention that some Adventurers will visit this quarter
(Fort Simpson) in search of Gold, and in my opinion they will
find it, as it has been found even in this Harbour.

6. I have for some time past had in the Government employ
a respectable Scotchman named Downie, one of the most
successful Miners in California, and known all over that
State as Major Downie, the founder of the Town of Downieville.
He accompanied Mr McKay
*

last summer in his overland journey from Harrison's River to Howe's Sound. He has since explored Jarvis' Inlet, where he spent the greater part of the winter, and lately made an excursion with Indians into Desolation Sound, which he has in part closely examined with reference to its mineral character. He thinks favorably of the Country and proposes crossing the mountains from the head of Jarvis' Inlet into the valley of Fraser's River, as soon as the snow disappears from the Mountain Passes. I herewith transmit his Report upon the subject of his explorations, together with an accompanying sketch of the Coast, which may probably afford some points of interest. Mr Downie has no fixed Salary, but I undertook to furnish him with Provisions and other means of travelling, provided he reported on the state of the Country for the information of the Government. He is not therefore expensive to the Colony, and may possibly, from his practical knowledge of mining, and enterprising turn of mind, make some valuable discovery, and will at least contribute much information respecting the mineral character of the Country.

7. The intelligence from Bridge River and the Upper
Fraser continues to be of the most favorable character.
There is now much activity at this place in shipping goods
for Fraser's River, and the Revenue derived from the Customs
duty begins to be felt. The collection for the last 30
days amounts to about £1300, and it is gradually increasing.

8. The last accounts from Fort Yale report a great depth
of snow, and much cold weather in the Mining District, in
consequence of which there has been no collection of Revenue
for Miners Licences.

9. Colonel Moody is now employed in laying out the
site of Queensborough, but the weather is exceedingly
unfavorable for such operations, and I fear that consequently
there will be no land for sale for some time to come, and
unfortunately the commencement of the Survey of the new Town
has entirely put a stop to any further sale of Land at
Langley. A large building has been erected there for the
accommodation of the Royal Engineers now daily expected in the
"Thames City".

10. I forward Victoria Gazette, of the dates as per margin.

**



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FILE: 1859-03-26_Douglas_to_Lytton_B59124.txt
================================================================================

No. 124, Military Expenses

With reference to my Despatches of the 10th and 15th
Instant, Nos 112 and 113, upon the subject of the Requisition
made upon me by the Colonel Commanding the Troops for the sum
of £2,520 to meet current Expenses of that Department, and
advising of the Bills drawn upon Her Majesty's Paymaster General
to the extent of £1650, I have the honor to acquaint you of the
further negociation of Bills to the extent of Six Hundred pounds
(£600) on the same account, the particulars of which have been
communicated to Her Majesty's Paymaster General.



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FILE: 1859-03-26_Hammond_to_Merivale_Permanent_Under-Secretary_V595FO01.txt
================================================================================

Hammond to Merivale (Permanent Under-Secretary)

I am directed by the Earl of Malmesbury to transmit to you the
accompanying Copy of a note from the French Ambassador at this Court,
requesting that he may be furnished with information as to the fate
of a French Subject named Jean Baptiste Massenot, who is stated to
have arrived at Victoria, Vancouver's Island, in June last; and I am
to request that you will move Secretary Sir Edward Bulwer Lytton to
take the necessary steps to procure the information required by the
Duc de Malakoff.



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FILE: 1859-03-26_Hawes_to_Merivale_Permanent_Under-Secretary_V595WA01.txt
================================================================================

Hawes to Merivale (Permanent Under-Secretary)

I am directed by Secretary Major General Peel to forward to you
copies of a correspondence which has taken place between this
Department and Governor Douglas regarding an account and vouchers in
support of the expenditure incurred for the buildings erected at
Vancouver Island for the North American Boundary Surveying
Expedition.

I am to enclose copies of the only financial documents connected with
this expenditure which have been received, and to request that you
will move Secretary Sir E.B. Lytton to request Governor Douglas to
forward at an Early date the necessary
vouchers in support of the several items which appear
in those documents.



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FILE: 1859-03-26_Murdoch_and_Rogers_to_Merivale_Permanent_Under-Secretary_V595LN02.txt
================================================================================

Murdoch and Rogers to Merivale (Permanent Under-Secretary)

We have to acknowledge your letter of 5th instant, enclosing a
further communication from the Hudsons Bay Company, on the subject
of their claim to be indemnified to the extent of £12.469.5.7
for expenses incurred in searching for Coal at Fort Rupert in
Vancouvers Island.

2. In our Report of 26th Novr last we pointed out that a claim on
account of another Coal mine at Nanaimo which had been originally put
forward by the Company had been subsequently withdrawn, and we
expressed an opinion that the Coal Mine at Fort Rupert must stand on
the same footing, and that if the Company were to receive the Profits
where the working had been successful, they must also accept the loss
where it had been unsuccessful. To this the Company answer that the
Coal Mine at Nanaimo was on Land purchased by the Hudsons Bay Company
while the works at Fort Rupert were on Government land, that the
Royalty on the working of Coal was calculated upon as a source of
Revenue—and that if the Fort Rupert workings had been successful it
would have had a material influence on the prosperity of the Colony.
The Directors consider that under these circumstances the Company
have a claim to be reimbursed by the Government the expense incurred
in the exploration of this land.

3. To this it is obvious to answer, that if the working of Coal
Mines fell legitimately within the duties of the Company by reason of
their Territorial possession and ownership of Vancouvers Island and
if the Company are prepared to say that had the Mine been successful
the whole profits derived from the sale, lease, or working of it
(less the 10 per Cent allowed them under the grant of 19th January
1849) would have been carried to the credit of the Colonial Revenue,
then the Company are entitled to claim from H.M. Government a
reimbursement of the expenses of searching for this Coal. But if the
mine supposing it to have been successful would have been purchased
by the Company, as they purchased that at Nanaimo, or if the Company
would have derived any direct pecuniary advantage from it, then the
expenses incurred must be looked upon as part of a commercial
speculation which has failed, and must be borne by those who
undertook it. The terms in which the letter of the Company is
expressed and their allusion to the "Royalty" on the Coal would lead
us rather to the latter conclusion. At the same time we feel the
difficulty of coming to any confident conclusion on a point which
must be decided principally with reference to the intentions of third
parties which intentions are to be inferred from circumstances many
of which are unknown to us.

4. On the whole we see no other course than to call on the Hudsons
Bay Company to state whether it was their intention, if the search at
Fort Rupert had been successful, to sell or Lease the Mine to
themselves, or in any way to hold or work it with a view to their own
advantage. Considering the high character of the Directors of that
Company we think Her Majesty's Government may safely rely on any
assurance which may be given by them on this point.



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FILE: 1859-03-28_Corry_to_Under-Secretary_of_State_V595AD05.txt
================================================================================

Corry to Under-Secretary of State

With reference to your letter of the 22d of January transmitting a
copy of the report of Captain Richards on the Harbours of Van
Couver's Island and the coast of British Columbia; I am commanded by
my Lords Commissioners of the Admiralty to request you will lay
before Secretary Sir Bulwer Lytton the accompanying copy of a report
from the Hydrographer of this Office in regard to the suggestions of
Captain Richards for the lighting of Juan de Fuca Strait, and the
approach to Esquimalt Harbour.



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FILE: 1859-03-28_Douglas_to_Lytton_B59125.txt
================================================================================

No. 125

I have the honor to acknowledge the receipt of your
Despatches of the Numbers and Dates noted in the margin.

*



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FILE: 1859-03-29_London,_Bishop_of_to_Lytton_B596L01.txt
================================================================================

Bishop of London to Lytton

I have the honor to acknowledge the receipt of your
communication of the 24th inst, enclosing a copy of a letter
addressed by the Revd W. Burton Crickmer to the Governor of
British Columbia, on his arrival in that Colony.

I send you herewith the form, (if not an exact copy) of the
License which according to the usual practice, I granted to Mr
Crickmer, on his being nominated and recommended to me by the
Colonial Church and School Society, as one of their Chaplains.

In the previous month (September) the Society for the
Propagation of the Gospel applied to me, not for the usual license,
but for letters of introduction, for two of their Missionaries,
namely, the Revd J. Gammage and the Revd H. Dowson, to the
Governor of Vancouver's Island; of these informal credentials I find,
upon enquiry, that no copies were kept.

I shall regret if any misunderstanding has arisen from the
difference of form in which the two Societies desired that
the character of their Chaplains should be guaranteed by me, as being
at the time the only Bishop authorised to exercise ecclesiastical
jurisdiction within the Colony.

I beg to apologize for the delay which has taken place, before I
could answer your letter of the 24th inst owing to the necessity
of making search in the Register of the Diocese.



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FILE: 1859-03-30_Douglas_to_Lytton_V59010.txt
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No. 10

1. I have the honor of transmitting herewith for your
information the several Returns herein referred to, which have
been lately received from Mr Anderson Her Majesty's Collector
of the Customs at Victoria, relative to the trade of this Port,
for the quarter ending with the 31st day of December last.

2. I beg to explain with reference to those returns that
Victoria still continues to be the Port of Entry for British
Columbia, there being as yet no Custom House in Fraser's River
and that Mr Anderson has hitherto acted as Collector of the
Customs for that Colony, as well as for Vancouver's Island, and
will continue to attend to those duties, until Mr Hamley's
arrival in this country, a circumstance which will account for
the collective Returns herewith forwarded.

3. The following are the results shewn by those Returns.

Imports for quarter ending

with the 31st of December last . . . . . . £82.220.10.6

Number of vessels Inwards

British . . . . . 53

Foreign . . . . . 137

and Outwards

British . . . . . 62

Foreign . . . . . 140

Receipts of shipping Fees

on account of Vancouver's Island . . . £ 609. 0.11

Receipts of Custom's duties

on account of British Columbia . . . . £ 3317.12.9

The total Receipts of Customs from

the 28th of August last when the

Customs duty was first imposed

including the preceding amount . . . . £ 4350. 2.6

Imports into British Columbia

for the same period . . . . . . . . . £44.806. 4.9

Expenses of Customs Establishments

at Victoria for the same period . . . 442. 2.7 1/2

4. Those returns shew a large decrease of trade as compared
with the preceding quarter, but it is probable that there will
be a revival of business as spring advances.

5. Several cargoes of British goods direct from the Port of
London, have I am happy to say arrived here since the beginning
of the present month. Much importance is attached to the
increase of that trade, which will be alike desirable for the
Mother Country, and for the Colonies.



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FILE: 1859-03-30_Hammond_to_Merivale_Permanent_Under-Secretary_V595FO02.txt
================================================================================

Hammond to Merivale (Permanent Under-Secretary)

With reference to your letter of the 11th Instant, I am directed by
the Earl of Malmesbury to transmit to you, for the information of
Secretary Sir E.B. Lytton, a copy of a Despatch from Her Majesty's
Minister at Washington, reporting that it is probable that Governor Douglas' claim against the Authorities of Washington Territory will
shortly be settled.



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FILE: 1859-04-01_Lytton_to_Douglas_B597040.txt
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No. 40

I transmit herewith the Copy of a note from the French Ambassador
at this Court requesting that he may be furnished with information as to
the fate of a French subject named Jean Baptiste Massenot who is stated
to have arrived at Victoria, Vancouver's Island in June last. I have to
request that you will furnish me with the information required by the
Duc de Malakoff.



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FILE: 1859-04-01_Lytton_to_Douglas_V597040.txt
================================================================================

[BC] No. 40

I transmit herewith the copy of a note from the French Ambassador
at this Court requesting that he may be furnished with information as to
the fate of a French subject named Jean Baptiste Massenot who is stated
to have arrived at Victoria, Vancouver's Island in June last. I have to
request that you will furnish me with the information required by the
Duc de Malakoff.



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FILE: 1859-04-02_Coutts_to_Lytton_B596C06.txt
================================================================================

Coutts to Lytton

An article upon British Columbia in Yesterdays Times has greatly
excited my attention—and although you may think that after the Vote
in the House of Commons I ought not to trouble you, yet I should (at
your leisure), like to have your opinion, upon the points, (I am
about to submit to you) for my private guidance.

I have very good
hope that the strictly spiritual welfare of the Colony, will be well
cared for. The Bishop has so far been successful in his appeal for
assistance & sympathy—& his personal character guarantees his
selecting efficient Men both as Pastors and Administrators which will
be needful that the Clergy should be for some time—but to form a
really English Colony (such a one as the Mother Country may be
proud of) many
social arrangements will be needed to assist the
Bishop's [one word off file].

One of amongst these will be a well considered Emigration. Lord
Lyttleton took great pains about the Emigration to New Zealand
and I thought of writing to him and asking him if he would organise a
Columbian Emigration Society. I was about to write & ask you whether
you thought Government would give any & what sort of assistance to
Settlers—and supposing
Gentlemen would emigrate, taking with them a
certain number of workpeople, would any facilities be afforded for
the purchase of Land in Columbia to such persons. Would you give the
assistance of your name if any Committee for these purposes were
formed—after this I also wished to ask if Government would give any help
towards civilising & settling the Native population. Suppose Church
schools on the plan of Moravian Schools were established could any
assistance be reasonably

expected from
any Government. Excuse my troubling but I am so anxious for some
hint how to proceed in the objects I have so much at Heart.



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FILE: 1859-04-02_Lytton_to_Douglas_B597041.txt
================================================================================

No. 41

I transmit to you herewith the copy of a letter from the War
Department relative to a correspondence which has passed between that
Department and yourself respecting the accounts of expenditure incurred
for buildings erected in Vancouvers Island for the North American
Boundary Surveying expedition, and I have to request that you will
furnish the Vouchers for this expenditure required by General Peel.



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FILE: 1859-04-02_Lytton_to_Douglas_B597042.txt
================================================================================

No. 42

With reference to your despatch No 54 of 27th December
respecting the advance made by you to the Governor of Washington Territory I transmit to you the copy of a despatch from Her Majesty's
Minister at Washington reporting that it is probable that this advance
will shortly be repaid.



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FILE: 1859-04-02_Lytton_to_Douglas_B597043.txt
================================================================================

No. 43

I have the honor to request that you will acquaint Captain Gosset
that Sixty seven pounds (£67) is due from him to the Naval Department on
account of that sum's having been paid by the Admiralty for his passage
from Ceylon to Southampton in May 1858.

As it is very inconvenient that claims of this kind should remain
outstanding, I have to request that Captain Gosset will forthwith pay
the above mentioned sum into the Treasury Chest, and that you will
report the same to me in order that the necessary steps may be taken to
discharge this debt to the Naval Department.



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FILE: 1859-04-02_Lytton_to_Douglas_V597041.txt
================================================================================

No. 41

I transmit to you herewith the copy of a letter from the War
Department relative to a correspondence which has passed between that
Department and yourself respecting the accounts of expenditure incurred
for buildings erected in Vancouvers Island for the North American
Boundary Surveying expedition, and I have to request that you will
furnish the Vouchers for this expenditure required by General Peel.



================================================================================
FILE: 1859-04-02_Lytton_to_Douglas_V597042.txt
================================================================================

No. 42

With reference to your despatch No. 54 of the 17th December
respecting the advance made by you to the Governor of Washington Territory I transmit to you the copy of a despatch from Her Majesty's
Minister at Washington reporting that it is probable that this advance
will shortly be repaid.



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FILE: 1859-04-02_Murchison_to_Merivale_Permanent_Under-Secretary_B595MI10.txt
================================================================================

Murchison to Merivale (Permanent Under-Secretary)

I have the honor to acknowledge the receipt of your letter
of the 24th March accompanying an extract of a despatch
from the Governor of British Columbia, and a box containing
specimens of Gold from that Colony.

I request you to offer my best thanks to Sir E. Bulwer
Lytton for so valuable an addition to our Museum; and also
beg you to thank him for the transmission of the Governor's remarks
upon the Climate of the Colony, which
will be laid before the Royal Geographical Society.



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FILE: 1859-04-04_Barnston_to_Lytton_V596B01.txt
================================================================================

Barnston to Lytton

I have the honor to submit for your perusal, the following extract
from a letter just received by me, from my son Mr John Barnston, a
Canadian barrister who left Montreal last Autumn, to reside in
Vancouver's Island.

My professional position here is not an agreeable one; English
barristers and Scotch advocates are the only persons entitled to
practice in the Superior Court, and others are only admitted in
sufferance at present as agents for the parties—not as attornies or
barristers. There is only one English barrister here at present; but
there is no doubt that in a short time there will be more, when,
unless the order in Council be repealed, Colonial barristers will not
be allowed to appear. The same rule is observed at present in
British Columbia.

I most respectfully beg leave to bring under your notice the extreme
hardship of the case above disclosed, and to solicit such action on
the part of Her Majesty's government, as the nature of the case seems
to require.



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FILE: 1859-04-05_Hill_to_Merivale_Permanent_Under-Secretary_B595MI11.txt
================================================================================

Memo, Hill to Merivale (Permanent Under-Secretary)

Mr Rowland Hill presents his compliments to Mr
Merivale, and, in reply to his note of the 1st Instant,
begs to acquaint him that the Bag of Official Documents for
the Governor of British Columbia, which accompanied it,
has been delivered, on the 2nd Instant, to Mr Cary,
on board the British Contract Packet "Europa," at Liverpool,
in compliance with Mr Merivale's request.



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FILE: 1859-04-05_Richards_to_Under-Secretary_of_State_B595AD15.txt
================================================================================

Richards to Under-Secretary of State

I beg to acquaint you for the information of the Secretary
of State that a letter dated 8th January last has been
received from the Master of the Freight Ship "Thames City"
reporting his arrival at Port Stanley, Falkland Islands, on
the 28th of December; and that having completed his supply
of fresh water, and taken in a necessary quantity of ballast,
he expected to continue his voyage to Vancouver's Island on the
morning of the 9th of January. He also reports that the
Troops were in good health at that time, and that only one
death that of a child (from teething), and a few trifling
cases of sickness, had occurred since leaving this country.



================================================================================
FILE: 1859-04-06_Corry_to_Merivale_Permanent_Under-Secretary_B595AD16.txt
================================================================================

Corry to Merivale (Permanent Under-Secretary)

With reference to my letter of the 21st Ultimo; I am
commanded by my Lords Commissioners of the Admiralty to send
you herewith, for the information of Her Majesty's Secretary
of State for Colonial Affairs, a Copy of a letter dated the
29th Jany last, No 4, from Captain Prevost of the
Satellite, together with Copies of its enclosures, reporting
the proceedings of the Plumper, & of the Force of Seamen &
Marines sent to present disturbances in the District of Frasers River.



================================================================================
FILE: 1859-04-06_Douglas_to_Lytton_B59126.txt
================================================================================

No. 126, Military Expenses

I have the honor to forward to you herewith the copy of
a letter I have received from Colonel Moody commanding the
Troops and Chief Commissioner of Lands and Works in British
Columbia making requisition upon me for the sum of One
Thousand, Five Hundred pounds (£1500) to enable him to defray the
Military Expenses of the Lands and Works Department, in respect
of the Barracks and other expenditure having reference to the
quartering and employment of the Troops in British Columbia,
and I beg to acquaint you that in consequence of there being
no Funds in the Colonial Chest to meet this demand I have
been necessitated to draw for the said Sum upon Her Majesty's
Paymaster General, who will be advised in due course of the
negociation of the Bills.



================================================================================
FILE: 1859-04-06_Lytton_to_Douglas_B597044.txt
================================================================================

No. 44

I have received your despatch No 5 of the 9th
of February, and I
am glad to learn that measures are being adopted to remedy the system of
prison discipline in the Jail at Victoria.

But with reference to the Statement in your despatch that you had
previously been prevented from want of funds from effecting this object,
but that you now feel well assured from the tenor of my despatch of the
5th of October of the assistance of Her Majesty's Government, I
think it necessary distinctly to explain that the interest felt by Her
Majesty's
Government on this subject does not imply that they are willing to grant
any pecuniary aid for this purpose from Imperial funds.



================================================================================
FILE: 1859-04-06_Lytton_to_Douglas_V597044.txt
================================================================================

No. 44

I have received your despatch No. 5 of the 9th of February, and I
am glad to learn that measures are being adopted to remedy the system of
prison discipline in the Jail at Victoria.

But with reference to the Statement in you despatch that you had
previously been prevented from want of funds from effecting this object,
but that you now feel well assured from the tenor of my despatch of the
5th of October of the assistance of Her Majesty's Government,
I feel it
necessary distinctly to explain that the interest felt by Her Majesty's
Government on this subject does not imply that they are willing to grant
any pecuniary aid for this purpose from Imperial funds.



================================================================================
FILE: 1859-04-07_Booth_to_Merivale_Permanent_Under-Secretary_B595TA02.txt
================================================================================

Booth to Merivale (Permanent Under-Secretary)

I am directed by the Lords of the Committee of Privy
Council for Trade to acknowledge the receipt of your letter
of the 31st Ultimo, transmitting copies of two Despatches
from the Governor of British Columbia calling attention to
the urgent necessity for the erection of Lighthouses in Fucas
Straits, and the approaches to the Harbour of Esquimalt, and
stating that as the Colonial Office cannot apply to Parliament
for a grant of money for these necessary public works and as the
Colony has not at present the means of paying for them, Sir E.B.
Lytton is desirous of being informed whether My Lords cannot
include the required Lighthouses within "the class of Imperial
Lights," and give the Colony some assistance towards their
erection out of the funds placed at their disposal for such services.

In reply My Lords direct me to state that, whilst there
can be no doubt of the importance of the proposed Lights,
they are required for the Trade of the Colony, and not, as
in the case of the Lights in the Bahamas and elsewhere, for
the Trade which merely passes the Colony.

Under these circumstances they are Lights which should,
My Lords think, if practicable, be erected and maintained
by and at the cost of the Colony rather than the Home Government.

But even if the Lights in question could be said to
belong to the class of Imperial Lights, i.e. of Lights which
the Home Government is bound to erect or maintain for the
purposes of the general passing Trade, their Lordships could
still have no funds at their disposal out of which to erect
or maintain them.

The only funds out of which My Lords can pay the
expenses of Colonial Lights are first, sums raised by levying
Tolls under the Act 18 & 19 Vict: c. 91, and secondly,
sums voted by Parliament.

The present case does not appear to be one in which it
is desirable to levy Tolls under the Act in question, since
the only Trade which would pay the Tolls is the Trade of
the Colony and the Colony can itself, if so disposed, levy
Tolls on account of the Lights in its own Ports.

And as regards monies voted by Parliament it is to be
observed that the only votes are votes taken by the Treasury
on the responsibility of this Department for the services of
special Lighthouses mentioned in the votes.

If, notwithstanding the fact that these Lights cannot
be classed as Imperial Lights, the circumstances of the
Colony of British Columbia are such as to make it proper
that these Lights should be erected with Imperial instead
of Colonial Funds, those circumstances are matters within
the cognizance of the Colonial Office rather than of this
Department; and if it is thought right that a vote for the
purpose should be taken by the Treasury, the vote should
My Lords think be taken on the responsibility of the Colonial
Office, and the application to the Treasury for the
purpose should be made by that Office.

If it should be decided to take a vote for the purpose My Lords
will be glad to give their best advice and assistance in the matter.

At the same time they could not without obtaining further
local information state with accuracy and certainty what the
expense to be incurred in the Colony in erecting these Lights will be.

A copy of a further memorandum by Captain Sulivan, R.N.
on the character and probable cost of these Lights is
enclosed for Sir E.B. Lytton's information.



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No. 127, Financial

I have the honor of transmitting herewith for your
information, an abstract of the Revenue and Expenditure of
the Colony of British Columbia, taken from the Accounts of
that Colony, which have been made up in a clear and intelligible
form, to the 23rd day of February 1859.

2. Those Books comprise all our Financial transactions
up to that period. It will be observed, that the Income
derived from the various sources therein shewn, amounts to
the sum of £22,924.1.5; and the expenditure for the same
period, to £25,059.6.4, exceeding the Income by the sum of £2135.4.11.

3. To meet the deficiency, there is on the other hand the
sum of £10,284.19.9 remaining, partly in Cash at Langley, and
partly due on the sale of Town Lots, at the same place; a small
sum invested in Government buildings, and in aid of the Harrison's River Road, which leaves a Balance on that date
exceeding £8,000 in favor of the Colony.

Some petty balances may remain outstanding at Fort "Hope",
"Yale", and "Lytton", which were not received in time to be
incorporated with those accounts; but such sums will be paid
out of the current revenues of those Districts.

At the Towns of "Lytton", "Hope" and "Yale", which were
surveyed and laid out into building lots, last autumn, no sales
have yet been made, but instructions have been conveyed to the
Commissioner of Lands and Works, to bring those lands into the
market with as little delay as may be convenient.

4. The construction of the Harrison or Lillooet Road, has
been the great source of outlay this season, that work having
cost the Colony nearly £14,000.

5. Large as the outlay may appear, it very inadequately
represents the value of this important public work, which has
removed the difficulty of access, and the great impediment to
the development of the mineral regions of British Columbia.

6. The outlay for all other objects connected with the
Colony, including £2,300 applied in defraying the extra pay
allowed, for one quarter, to the Officers and Ships Companies
of Her Majesty's Ships "Satellite" and "Plumper" forms the
moderate sum of £11059.

7. The removal of the intended Sea Port Town, from Langley
to Queensborough, has caused a depression in the public revenue,
arising from sales of Town lands, which ceased entirely at the
former place, with the first announcement of the proposed change
in the seat of Government.

Colonel Moody reports that it will be several weeks before
the survey of the site of Queensborough is completed, and that
no country land will be surveyed for sale before the first week in May.

8. Those sources of revenue are therefore for the present
altogether unproductive though the current expenses of the Colony
are somewhat increased by the addition of civil assistants to
expedite the survey of country lands, and to increase the means
and efficiency of the Department of Lands and Works, and to
render it productive of revenue.

9. The Colonial Treasurer advocates Stamp duties as a source
of revenue "in combination with a self paying Registration of
Assurances affecting real property,"
and I have desired him to prepare a report on the best means of
carrying those views into effect.

If such duties be confined even to conveyances of real
estate, they will be productive of considerable revenue.

10. The want of an assay office in the Colony is felt as
a public inconvenience, and is no doubt highly detrimental to
the commercial interests of the country. There being at present
no means here of ascertaining the true commercial value of Gold
dust, the merchant to save himself from loss will only purchase
it, at a low rate, which the Miner will not accept, or the gold
dust is retained in the Merchant's hands in deposit, until
samples of it are sent and tested at San Francisco.

Hundreds of Miners worn out with the expense and delay so
occasioned, fly in disgust with their gold, to San Francisco.

11. An assay office established here, the evil would cease
to operate, and the gold would remain in the country.

12. The establishment of an assay office would otherwise
I believe, prove of signal advantage to the public revenue, in
as much as it would give facilities for levying an export duty
on Gold. That is now impossible, and will be, so long as the
Miner cannot get a fair price for his gold in this country, and
in consequence keeps it in his own hands. If collected at all,
in those circumstances the duty would have to be wrung from each
individual miner, and they, to elude the payment, would cross
the frontier and fly with their treasures into the United States.

13. The Assay Office would provide a remedy for the evil.
Every man, might through its aid, learn from an official source
the true value of any gold in his possession, and either spend
or exchange it for coin in the country. This would throw the
export of gold into the hands of large dealers who having no
inducement to smuggle equal to the risk, would export through
the lawful channel, paying the duty, which they in turn would
take care to levy on the Miner, by deducting it from the price paid.

14. An export duty might then be imposed with advantage and
be found easy and cheap of collection.

The other features of the Australian system of taxation on
Miners, might also be adopted and made applicable to the
circumstances of British Columbia; in which case the Licence
Fee on Miners, so objectionable on account of the expense, and
affrays produced in its collection would cease to be enforced.

15. I have only further to state in reference to the Abstract
of British Columbia Accounts, forwarded, that the Treasurer Captain
Gosset, has now the sole and entire arrangement of the Financial
Department over which I have hitherto had to maintain a rigid control.



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No. 11

I have the honor of transmitting herewith copy of an address
from the House of Assembly of Vancouver's Island dated 22d
Feby praying Her Majestys Government to send Commissioners to
this Island, without delay, for the purpose of investigating the
affairs of the Colony before releasing "the Hudson's Bay
Company from their responsible government", and my answer to
that address, promising to transmit, without delay, a Copy of
the Same for your information.

Her Majesty's Government will decide whether it be advisable to
comply with the wishes of the House of Assembly in that
particular; for my own part, I do not see what advantage can
result from the measure recommended, or that any information
beyond what we now possess can be elicited respecting the Colony
or its connection with the Hudson's Bay Company.



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FILE: 1859-04-08_Hill_to_Merivale_Permanent_Under-Secretary_B595MI12.txt
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Hill to Merivale (Permanent Under-Secretary)

I am directed by the Postmaster General to acquaint
you, for the information of Secretary Sir Edward Bulwer
Lytton, that an opportunity will be afforded of forwarding
by the Mail Packet of the 18th Instant, in charge of
Mr John De Courcy, a relative of Her Majesty's Consul
at Panama, any Despatches which the Colonial Office may
desire to send to VanCouver's Island or British Columbia.

Mr De Courcy on reaching Panama, will proceed to
Victoria by the earliest opportunity.



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FILE: 1859-04-09_Bullock_to_Lytton_V596B03.txt
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Bullock to Lytton

I have the honor to solicit, that you will be pleased to take into
your kind consideration this my application, for an appointment, as a
Land Surveyor in Vancouver's island.

Having been desirous for years of holding a position under
Government, in this most important island, now that an opportunity
has presented itself—of my emigrating—I have ventured to address
you, in the hope, that my services may be made available in the above
capacity, or in any other you might think fit.

I would also most humbly submit, that I have been in Her Majesty's
Service since [1844?]

the last six years of which I have held the rank of Lieutenant RN.
and principally as a Marine Surveyor—in the Surveys of the South
Coast of England—Falmouth Harbour, and in the Baltic during the
first year of the Russian war.

If it might be deemed a claim to your consideration, I would most
respectfully urge, the long services of my father Admiral Bullock,
and likewise the testimonials hereto attached.



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No. 45

I transmit to you herewith copies of a correspondence between this
department and the President of the Society of Solicitors before the
Supreme Court of Scotland relative to the admission of Members of that
Society to practice before the Supreme Court of Vancouver's Island.

The Solicitors before the Supreme Court of Scotland are at present
excluded from practice in Vancouver's Island by the terms of the Order
in Council of 4th April 1856, for establishing
Courts of Justice in the
Island, which only admits to practice Attorneys, Solicitors and Proctors
of the English and Irish Courts and Writers to the Signet of the
Scottish Courts. I have no doubt, however, that this phraseology was
not adopted with any intention of excluding Solicitors of the Scotch
Courts, and they appear to me fairly entitled to the privilege of
practising in Vancouver's Island.

The Local legislature has power to amend the existing Order in
Council conferred on it by the Act 12 and 13 Victoria Cap 48, Section
2, and I have to instruct you to bring before that body a measure for
the purpose of admitting Solicitors before the Supreme Court of
Scotland to practice in the Courts of Vancouver's Island.



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No. 45

I transmit to you herewith copies of a correspondence between this
department and the President of the Society of Solicitors before the
Supreme Court of Scotland relative to the admission of Members of that
Society to practice before the Supreme Court of Vancouver's Island.

The Solicitors before the Supreme Court of Scotland are at present
excluded from practice in Vancouver's Island by the terms of the Order
in Council of 4th April 1856, for establishing Courts of Justice in the
Island, which only admits to practice Attorneys, Solicitors and Proctors
of the English and Irish Courts and Writers to the Signet of the
Scottish Courts. I have no doubt, however, that this phraseology was
not adopted with any intention of excluding Solicitors of the Scotch
Courts, and they appear to me fairly entitled to the privilege of
practising in Vancouver's Island.

The Local legislature has power to amend the existing Order in
Council conferred on it by the Act 12 and 13 Victoria Cap. 48, Section
2, and I have to instruct you to bring before that body a measure for
the purpose of admitting the Solicitors before the Supreme Court of
Scotland to practice in the Courts of Vancouver's Island.



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FILE: 1859-04-09_Moody_to_Under-Secretary_of_State_B596M02.txt
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Moody to Under-Secretary of State

I have had the honor to receive a communication from H.E.
Governor Douglas covering copies of letters from the Secretary of
State for the Colonies informing me that the Lords Commissioners of
the Treasury have sanctioned the payment to me of the sum of £250 on
account of the passage of myself and two servants to British
Columbia.

I should feel greatly obliged by being further informed whether
instructions have been issued for the payment of £100—in aid of the
passage of Mrs Moody and family.

*

In reference to the latter sum I would request a further grant
of £100.

You are already aware from the representation of Captain Grant,
and which I am in a position fully to confirm, that the unavoidable
expenses of the journey were far beyond what any one in England at
the time of leaving could foresee.

The great expenses of the journey, the lowness of my salary and
the extremely high rates of every thing here places me in a position
embarrassing to a degree which I am quite certain was neither
contemplated nor would be approved of by the Secretary of State.



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FILE: 1859-04-09_Shaw_to_Merivale_Permanent_Under-Secretary_B595MI13.txt
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Shaw to Merivale (Permanent Under-Secretary)

I am directed to return, through you, the best thanks of
the Society to Sir Edward Bulwer Lytton, for the communication
received of an extract of a Despatch from the Governor of
British Columbia, containing remarks on the climate of the
colony; which shall be laid before the Council at its next
Meeting.



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FILE: 1859-04-11_Carnarvon_Parliamentary_Under-Secretary_to_Douglas_B597046.txt
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No. 46

I have received your despatch of the
5th February No 94, reporting
that you had called to your assistance Colonel Moody and Judge Begbie to
confer with you as Members of the Executive Council on measures
connected with the future Government of British Columbia.

Regarding these appointments as a mere voluntary Committee of
advice I approve of your proceeding. Whenever you consider that the
time has arrived for the formation of a regular Executive Council, and
that it is expedient to make the necessary appointments, proper steps
shall, on your recommendation, be taken for the purpose.



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No. 47

I have received your despatch of the
4th February last, No 91, and I approve
of the employment for the present of Mr Brew in the capacity of
Chief Gold Commissioner, and of the appointment of Mr Charles J.R.
Bedford to be Justice of the Peace for the District of Langley.



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FILE: 1859-04-11_Carnarvon_Parliamentary_Under-Secretary_to_Douglas_B597048.txt
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No. 48

Immediately after the receipt of your despatches of the 27th
December and the 8th January last reporting the disturbances that had
taken place at Fort Yale and the measures which you so successfully adopted for putting them down I conferred with the proper authority in Ireland with the view of ascertaining whether and how your requisition
for a detachment of the Irish Constabulary Force could be complied with.
I have now the honor to forward to you the copy of a letter from Lord
Naas, with an enclosure from the Chief Inspector of the Constabulary,
from which you will see that it is impracticable to meet your wishes
without first obtaining from you specific answers on the various points
of detail which are mentioned in Sir H. Brownrigg's letter as defective
in your despatches. In forwarding this communication I must state in
perfect frankness that it is totally impossible for Her Majesty's
Government to undertake the expense, partially or otherwise, which this
proposed Police Force would entail.

I could not reconcile it to my sense of duty, nor indeed would it
be consistent with the spirit of my repeated despatches to you, to
appeal to the House of Commons for the establishment of a Police Force
in a Colony where a large revenue may be confidently anticipated, and
into which a great population is rapidly flowing. From that population
you must derive the means of maintaining the peace of the Country. I
would remind you that by that proceeding a habit of self reliance will
be engendered which would be seriously impaired, if when disturbances
arise and they cannot but be expected to occur occasionally in a Colony
composed of persons drawn from so many different Nations, you have
recourse to Imperial assistance. With respect to this particular
disturbance, if so it can be called, at Fort Yale, I entertain a strong
impression that if, when the Police failed in the performance of their
duty, Volunteers had been called for there would have been found no
deficiency of zeal, or offers of Service on their part. Certainly if
the Inhabitants of British Columbia find it easier and cheaper to employ
others to protect them, Her Majesty's Government will by no means object
provided the colonists recognize the principle that they must pay for
the expense. But I must repeat to you that before any such expenses are
incurred it is incumbent on you as Governor of the Colony to redeem the
obligations already owing to this Country. Her Majesty's Government are
pledged in my various despatches to this, and I am constrained to insist
upon the punctual fulfilment of the pledge.

I enclose the copy of an Account, which I have received from the
Lords Commissoners of the Treasury shewing some of the primary charges
incurred for Colonel Moody's party of Engineers.



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No. 49

I have to acknowledge the receipt of your
[Vancouver Island] despatch of the 9th of
February No 4 transmitting copies of communications which have
passed between you and the House of Assembly of Vancouver's Island
between the 23d August and the 5th February last.

I am glad to perceive that you have directed the attention of the
House to that interesting and important subject the relations of Her
Majesty's Government and of the Colony to the Indian race. Proofs are
unhappily still too frequent of the neglect which Indians experience
when the White man obtains possession of their Country and their claims
to consideration are forgotten at the moment when equity most demands
that the hand of the protector should be extended to help them. In the
case of the Indians of Vancouvers Island and British Columbia Her
Majesty's Government earnestly wish that when the advancing requirements
of Colonization press upon Lands occupied by Members of that race
measures of liberality and justice may be adopted for compensating them
for the surrender of the territory which they have been taught to regard
as their own. Especially I would enjoin upon you, and all in authority
in both Colonies, the importance of establishing Schools of an
industrial as well as an educational character for the Indians, whereby
they may acquire the arts of civilized life which will enable them to
support themselves, and not degenerate into the mere recipients of
eleemosynary relief. It is to be hoped that by such and other means,
which your experience will enable you to devise, the Indians may in
these, the most recent of the British Settlements, be treated in a
manner worthy the beneficent rule of Our Gracious Sovereign.



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No. 49

I have to acknowledge the receipt of your [VI] despatch of the
9th of February No. 4 transmitting copies of communications which
have passed between you and the House of Assembly of Vancouver's Island
between the 23d August and the 5th February last.

I am glad to perceive that you have directed the attention of the
House to that interesting and important subject the relations of Her
Majesty's Government and of the Colony to the Indian race. Proofs are
unhappily still too frequent of the neglect which Indians experience
when the White man obtains possession of their Country and their claims
to consideration are forgotten at the moment when equity most demands
that the hand of the protector should be extended to help them. In the
case of the Indians of Vancouvers Island and British Columbia Her
Majesty's Government earnestly wish that when the advancing requirements
of Colonization press upon Lands occupied by Members of that race
measures of liberality and justice may be adopted for compensating them
for the surrender of the territory which they have been taught to regard
as their own. Especially I would enjoin upon you, and all in authority
in both Colonies, the importance of establishing Schools of an
industrial as well as an educational character for the Indians, whereby
they may acquire the arts of civilized life which will enable them to
support themselves, and not degenerate into the mere recipients of
eleemosynary relief. It is to be hoped that by such and other means,
which your experience will enable you to devise, the Indians may in
these, the most recent of the British Settlements, be treated in a
manner worthy the beneficent rule of Our Gracious Sovereign.



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No. 128

I have duly received your Despatch of the 20th January
last No 6, conveying to me your approval of two Proclamations
and a notice I had issued prohibiting the introduction of
Spirituous liquors among the Natives, and continuing Purchases
against the fraudulent sales of Crown lands, and also, with
reference to a Form of Grant I had forwarded to you,
transmitting to me an amended Form which you consider
sufficient for all purposes.

2. This amended Form shall be brought into immediate
use in all Sales of Crown lands, and I observe with much
satisfaction that all reservations of Timber, Minerals, the baser Metals,
and Coal are omitted; for such reservations only excite odium and
clamour, without producing any compensatory advantage.



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No. 129

I have duly received your Despatch of the 22nd January
1859 No 7, conveying to me your approval of the construction
of the route by Harrison's River, and acquainting me that you
look to the payment of all expenses connected with it out of
local, and not from Imperial Funds.

2. The gratifying expression of your approval in this matter
is very acceptable to me, and I am happy to be able to state
that we have paid the whole expenses of the road, amounting to
Fourteen Thousand pounds (£14,000), out of the local Revenue. The
undertaking has been a severe tax upon our small resources,
but the work was indispensable for the development of the
Country, and it will in the end greatly benefit the Revenue
by the increase of the Imports which it is the means of
introducing into the interior.



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No. 130

In reply to your Despatch of the 27th January last No
8, instructing me to reserve a certain portion of Land at
Esquimalt for Naval purposes in compliance with a request from
the Lords Commissioners of the Admiralty, I have the honor to
inform you that directions will be issued without delay for
carrying their Lordship's wishes into effect.



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No. 131

I have to acknowledge receipt of your Despatch of the
28th January last No 9, and the contents thereof shall be
duly communicated to Mr Brew as a reply to his application
requesting, in consequence of the losses he sustained on his
passage from England, that the repayment of the Advances
made to him in England and in Nova Scotia might not be insisted on.



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FILE: 1859-04-11_Douglas_to_Lytton_B59132.txt
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No. 132, Building Expenses

I have to acknowledge receipt of your Despatch of the 29th
January last, No 10, communicating that the Paymaster General has
been authorized to accept and pay a Bill for Forty Eight pounds
and Three pence (£48.0.3), drawn by Captain Parsons for services in
connection with the party of Royal Engineers, proceeding to
British Columbia under his Command.



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FILE: 1859-04-11_Douglas_to_Lytton_B59133.txt
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No. 133

I have duly received your Despatch of the 29th January
last No 11, transmitting for my information copy of an extract
from a letter dated 27th November 1858 from Rear Admiral
Sir Michael Seymour, reporting the sailing from Hong Kong of
Her Majesty's Ship Tribune with 7 Officers and l60 non
commissioned Officers and Privates of the Royal Marines for
service of British Columbia, and I have the honor to acquaint
you that the Tribune arrived at Esquimalt with the above
mentioned force on the 13th February last, as already
reported in my Despatch, Vancouver's Island No 7 of the 19th
of that month.

2. It being desirable for many reasons, to be explained
more fully hereafter, that this Force should not be detained
longer inactive at this place when it could be most usefully
employed in British Columbia, I have made arrangements with
the Senior Naval Officer for its removal to Queensborough, to
which place it will proceed in the course of a few days.



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FILE: 1859-04-11_Douglas_to_Lytton_B59134.txt
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No. 134, Ecclesiastical

I have the honor to acknowledge receipt of your Despatch of
the 31st January acquainting me that Letters Patent under the Great Seal have been issued erecting the Colonies of British
Columbia, and of Vancouver's Island into a Bishop's See, to be
styled the "Bishoprick of British Columbia" and appointing the
Reverend George Hills to be the first Bishop thereof; and I beg
to thank you for the copy of the said Letters Patent which you
have had the goodness to enclose for my information.



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FILE: 1859-04-11_Douglas_to_Lytton_B59135.txt
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No. 135, Financial

In continuation of the remarks on the expediency of
establishing an Assay Office in this Colony, which I was unable
to continue in my Despatch No 127 of the 8th of Instant,
in consequence of the reported arrival of the Mail Steamer
from San Francisco, which remains here, at each visit, only a few hours.

2. I have further to remark that we have attempted to
induce the owners (not Americans) of private Assay Offices
in San Francisco to establish branches of their Houses at Victoria, but
without success. The objections made by them were to this effect.

That Her Majesty's Government would at no distant date, probably
establish a Mint at Victoria, and their business would therefore
then cease.

That being foreigners they could not expect the same privileges
as are granted to English Houses taking up the Assaying business.

Their chief reason however was this, that they had already
the whole assaying business of British Columbia in their hands,
as nearly all the gold produce of the Colony is now carried to
San Francisco, and they had therefore nothing to gain by extending
their business to Victoria, or to compensate for the certain
outlay of capital which the process would involve.

3. I do not know what steps can be taken by Her Majesty's
Government, to deliver the Colony from so great an evil as is
the present drain of its resources towards San Francisco, and
the loss and delay to which miners are exposed in selling gold
here, but I clearly see the advantage of a direct trade between
the Mother Country and British Columbia, and I am of opinion that
the establishment of an Assay Office in Victoria would be an
important step in advance.

4. Having an Assay Office here, the Miner would only have
to take his gold there, have it assayed, and receive value for
it, or if he preferred it, have it run into bars, at a very
trifling expense, and then he could dispose of his Bars, which
would bear the fineness and weight upon them by Mint marks,
just as readily as he could of coin, or he could convert them
into coin; in fact Bars would be currency.

5. An Assay Office must however be the property either of
the Government, to give it the stamp of character unsuspected,
or it must be owned by a private party possessed of capital, in
high credit, good mercantile reputation for probity, and well
known to the mining community. This last quality above all is
requisite.

6. As no private person on the Pacific coast, who could
fulfil the chief conditions, which I consider indispensable to
success—namely public confidence—is disposed to come here,
the only prudent and efficient plan is to establish a Government
Assay Office. It should be on a large scale for there will be
abundance of work.
*

7. The expense would be small, involving little more than
the erection of a House, a fire brick Furnace, a few crucibles
which could, no doubt, be made here, a good Assayer and a few
assistants. The processs is simple to a degree, and the whole
expense of the plant of an assay Office would not exceed £600.
Its operation, judging from the experience of the San Francisco
private Assayers, who have all become wealthy, would leave a
profit. I therefore believe that a well managed Government Assay
Office would, at least, pay its own expenses.

8. Its advantages to the Colony would be incalculable.
Keeping the gold circulating in the country—the status it
would give the place—the confidence it would inspire abroad—the
benefits to the Miners, the contentment it would diffuse
amongst them, by the certainty and fairness and celerity of its
operations, and its security, are amongst the advantages of such
an establishment.

9. A Mint would certainly be more efficient, but that is an
expensive establishment, though if Her Majesty's Government were
to set one up, I think the circumstances of the country would
justify the outlay. It would also require time to complete and
perfect its details; but the establishment of an Assay Office
involves little delay, and a very moderate expense, therefore I
beg to recommend the plan to the favourable consideration of Her
Majesty's Government.



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FILE: 1859-04-11_Hawes_to_Under-Secretary_of_State_B595WA07.txt
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Hawes to Under-Secretary of State

In reply to your Letter of the 23rd of March, on the
subject of the supply of Stores for British Columbia, to replace
those lost in the "Briseis";

I am directed by Secretary Major General Peel to acquaint
you, for the information of Sir E. Bulwer Lytton, that the
stores in question will be provided as requested, (with the
exception, in conformity with your Letter, of the "Iron Houses"
and the "Hay & Oats") as speedily as possible.

With reference however to the question raised as to the
cost of the new supply being defrayed out of Military funds,
"in conformity with the general practice of the Department,
which acts as its own Insurer," I am to observe that although
it is the practice of the War Department not to insure the
Stores sent by Sea—of which, as it appears by Mr Merivale's
Letter, the Colonial Office was fully aware, there is no reason
for charging the loss of these Stores upon this Department.

*

An application however must necessarily be made to the
Lords of the Treasury, if the value of the Stores in question
is to be charged to Imperial Funds, and therefore Major
General Peel is of opinion that such application should be
made by the Colonial rather than by the War Department.

In the case of any future supplies of Stores for the
Colonies which may be required to be furnished by this
Department, Major General Peel requests that you will move
Sir E. Bulwer Lytton to consider whether the Insurance for such
supplies should not in all similar cases be effected by the
Colonial Office, and the priced Bills of Lading transmitted
to the Colonial Agent who may be appointed for the purpose.

In the present case, the priced Bills of Lading were sent
to Col. Moody before he left England, who could have insured the
Stores had he thought fit to do so.



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FILE: 1859-04-12_Carnarvon_Parliamentary_Under-Secretary_to_Douglas_B597050.txt
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No. 50

I have received your despatch of the 7th
February No 95 reporting
generally upon the state of British Columbia to that date.

The only remark I have to offer, beyond that of expressing my
satisfaction at the favorable condition of affairs in the Colony, is to
guard you against entertaining the impression that Her Majesty's
Government can possibly countenance your plan, in itself I do not doubt
judicious for local interests, of purchasing or building a Steam Vessel
for the service of the Colonial Government, on account of which you
propose to draw on the British Treasury should your own funds fail. I
would observe to you that in all my instructions, from the foundation of
the Colony to the present moment the principle on which I have
proceeded, and which the constantly developing mineral wealth of British
Columbia has so amply justified, has been that of insisting that the
Colony should defray the expense of its own requirements. It would
indeed be strange that this Country should be called upon to render
pecuniary assistance to supply the ever recurring wants of an infant
Settlement which has been actually forced into existence through the
ample supplies of Gold afforded by the Country it occupies. The
pressing circumstances of the case have undoubtedly compelled Her
Majesty's Government to advance funds for fitting out the party of Royal
Engineers which was so early despatched to the Colony; but these
advances must be repaid; and it should be amongst the earliest of your
financial efforts to do so. I can therefore only say that if you have
the means of establishing a Colonial Vessel I trust that she will render
you valuable service; but that I can hold out no prospect of assisting
you in her purchase or construction. I may indeed add that certainly
until the obligation above referred to to this Country is discharged the
Lords Commissoners of the Treasury would not feel themselves at liberty
to accept Bills drawn on them for even temporary advances.



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FILE: 1859-04-12_Carnarvon_Parliamentary_Under-Secretary_to_Douglas_B597051.txt
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No. 51

I have to acknowledge the receipt of your despatch No 96 of the
9th of February transmitting a Memorandum by Colonel Moody upon various subjects connected with his Department and the employment of the Detachment of Royal Engineers.

I have no doubt that the appointments recommended by Colonel Moody
would prove valuable additions to the force under his command; but I am
unable to sanction any increase in the expenditure of Colonel Moody's
Department which might add to the sum which will have to be voted by
Parliament as an advance for this service, and unless therefore you can
assure me that this additional expense will be defrayed from the
revenues of the Colony, I regret that I shall be compelled to withhold
my sanction from the proposed appointments.



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FILE: 1859-04-12_Douglas_to_Lytton_B59135CO.txt
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Confidential

I have the honor to acknowledge the receipt of your Confidential
Despatch of the 6th January last, upon the subject of the grant
of honors and distinctions to Her Majesty's Colonial Subjects,
and I beg to express my sense of obligation for the information
thus communicated to me.



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FILE: 1859-04-12_Douglas_to_Lytton_B59136.txt
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No. 136

Since the last report, I had the honor to make on the state
of the country; contained in my Despatch of the 25th of March
No 123, I have received various communications from British Columbia,
the substance of which I will proceed to impart for your information.

2. Judge Begbie is now on circuit in British Columbia having
successively opened court at Langley, Fort Hope, and Yale, and by last
accounts was proceeding to "Lytton" with a similar object in view.

3. The docket did not contain many cases, and was soon
disposed of. Two cases of shooting were tried at Langley, but
the Jury did not convict capitally in either of the cases.

4. The last reports from Mr Commissioner Brew are dated
from Fort Yale, 2nd of April. That officer has not been
successful in collecting the Miners License Fee. The following
is an extract from his letter on that subject.

During the last week we collected over 150 dollars from
Miners about Fort Yale. Some men paid the Tax most willingly,
but from the majority of the Miners it was extracted with
difficulty and after great grumbling. I intend to make an
excursion towards Fort Hope next week to settle some difficulties
about ditches and I shall avail myself of the opportunity to
have the miners Tax collected from parties who on a former
occasion refused to pay. Mr Smith from Fort Hope was at Fort
Yale yesterday, he informs me that he hopes to be able to collect
the Tax from the greater number of miners about Fort Hope.

On the 30th Ult I went in a canoe up the River some
distance to visit the Bars and ascertain if any mining was going
on. The snow was too deep on the ground to admit of sluicing
and except at one place where there was a hand Machine for
lifting water all the Miners were very idle.

5. It may be observed in apology for Mr Brew's want of
success in collecting revenue that the Miners have not yet
fairly got to work, but he will no doubt insist on a strict
compliance with the established Mining regulations, as soon as
the weather becomes genial and more favourable for Mining
pursuits.

6. The migration of Miners to the upper Districts of Fraser's
River, continues unabated.

Three hundred Boats carrying on an average 5 white men each
had passed Fort Yale previously to the 24th of March, and a
greater number of men are reported to have gone towards the same
quarter by land, having packed their provisions either on mules
or on mens backs to the various diggings, giving thus a collective
number of about 3,000 men.

7. Favourable reports continue to arrive from Bridge River.
It had just come to Mr Brew's knowledge that two men had arrived
at Fort Yale with 600 ounces of Gold dust, which they had
washed out during the winter at Boston Bar, 40 miles beyond
Fort Yale.

8. A nugget weighing 3 ounces less 2 pennyweights was
lately found at Bridge River, which I herewith forward for your
inspection, on account of its being the largest piece of gold
yet found in British Columbia.

9. I forward a copy of a communication from Mr Assistant
Commissioner Travaillot, dated "Lytton" 16th March. The
country was perfectly quiet and the Commissioner was engaged in
erecting a small building to serve as Government House, at a cost
of 2100 dollars, one thousand dollars of which he had already
paid out of the proceeds of local revenue, and the balance he
would be in funds to meet about the 1st of April.

10. The numbers of the Victoria Gazette herewith forwarded

*

will give some additional intelligence which may be interesting.



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FILE: 1859-04-12_Douglas_to_Lytton_B59137.txt
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No. 137

I regret to state that no small amount of injury has
undoubtedly been caused to the Colony of British Columbia by
the owners of the Steam Boats, which are now, and have been for
some time past running on Fraser's River.

These individuals are citizens of the United States and they
oppress alike the Miner and the Merchant by their exorbitant
charges for passage and freight.

2. The rate now levied for the transport of a Ton of goods
from this place to Fort Hope is Seventy-two dollars, or more
than £14 Sterling. The charge made last summer when I possessed
the power of regulating prices was Twenty-five dollars or £5 a
ton from this place to Fort Yale, which is fifteen miles of
difficult navigation beyond Fort Hope, and large profits were
made at that rate.

I fear the owners are now continuing to perpetuate the
evil by taking out British Registers for their vessels, by means
of transfers to British Subjects which there is every reason to
believe are only nominal and fictitious, although all the
requirements of the law being complied with it is difficult to
establish legal proof of that fact.

3. In this part of the world competition is not allowed
to produce its legitimate effects; it is the practice to buy up
every rival line or to pay them handsomely for allowing their
ships to be idle, and the public are charged a higher rate to
cover the additional expense which their oppressions have incurred.

The American Pacific Mail Steam Ship Company is a notable
example of this method of proceeding, this Company having
hitherto bought off every line established to compete with it.
I will instance another case. Last year a Steamboat called the
"Maria" was started on the Sacramento River in opposition to the
Boats of I believe the California Steam Navigation Company. She
was bought off by that Company. Her proprietor immediately brought her
up to this place to run on Fraser's River, buying off another boat which
he, on arrival found on the River, and sending this second boat down to
San Francisco to commence another opposition on the Sacramento River
in order to be again bought off.

4. The Victoria Steam Navigation Company, a British Company,
who have one large River Steamer employed between this port and
Langley, are now engaged in building a smaller vessel for the
higher navigation of Fraser's River. The Directors of this
Company lately applied to me for the protection of Government
against the machinations of these Foreign speculators. I
commented upon the extravagant rate of freight and suggested a
large reduction as the best means of meeting their competitors,
whereupon the Directors offered to provide vessels in sufficient
numbers to perform the whole transport business on Fraser's River
at the rate of Twenty-five Dollars or £5 Sterling a ton,
provided they were secured against these, in reality American
owners of British registered vessels, in the exclusive privilege
of navigating the River until the end of next September.

Monopoly would in such a case be a public gain, but being
illegal I could not entertain the proposal, though I cannot but
regret that under such circumstances I have no power by which I
could protect the public interest.

5. The Directors further assured me that they had been
invited by the American Owners to join in the combination for
maintaining the high rates of freight; but as the Directors
declined making the Statement in writing no legal use could be
made of it.

6. The Government legal authorities here are of opinion that
we have no power to refuse the change of Register from American
to British even for vessels employed in British Inland waters.

7. I transmit a copy of two letters from the Secretary of
the before mentioned company, and as the matter is one of much
importance to the interests of the Colony, as well as being a
National question, I should feel obliged if it were submitted for
the opinion of the Law Officers of the Crown, and that I may be
informed whether I should be justified in withholding a British
Register from Vessels becoming British under such circumstances
as those described, which appear to me simply an evasion of the law.



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FILE: 1859-04-12_Julyan_to_Merivale_Permanent_Under-Secretary_B595AG01.txt
================================================================================

Julyan to Merivale (Permanent Under-Secretary)

I have the honor to acquaint you, for the information of
The Right Honorable The Secretary of State, that the Saw Bench
&c supplied for the service of the Government of British
Columbia pursuant to your letter of the 15th Jany
last were shipped on board the "Gomelza" on the 1st
Instt for conveyance to the Colony.



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FILE: 1859-04-12_Julyan_to_Merivale_Permanent_Under-Secretary_B595AG02.txt
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Julyan to Merivale (Permanent Under-Secretary)

I have the honor to acquaint you, for the information
of The Right Honorable The Secretary of State, that the
Law Books supplied for the service of the Government of
British Columbia pursuant to your letter of the 10 January
last were shipped on board the "Gomelza" on the 7th
& 26th Ulto for conveyance to the Colony.



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FILE: 1859-04-13_Douglas_to_Lytton_B59138.txt
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No. 138

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

*



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FILE: 1859-04-13_Hammond_to_Merivale_Permanent_Under-Secretary_V595FO03.txt
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Hammond to Merivale (Permanent Under-Secretary)

With reference to my letter of the 30th Ultimo, I am directed by the
Earl of Malmesbury to transmit to you, to be laid before Secretary
Sir E.B. Lytton, the accompanying copies of a further despatch and
its inclosure from Her Majesty's Minister at Washington, reporting
that provision has been made by Congress for the settlement of
Governor Douglas' claim against the Authorities of Washington
Territory.



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FILE: 1859-04-14_Hawes_to_Under-Secretary_of_State_B595WA08.txt
================================================================================

Hawes to Under-Secretary of State

With reference to your Letter of the 23rd March and the
reply to the same of the 11th Inst.:

I am directed by Secretary Major-General Peel to acquaint
you that in giving directions for the supply of Stores to replace
those lost in the "Briseis," the Cases &c specified in the
enclosed List appear to have been shipped in transit from other
persons and their contents are either unknown or, from the
description given, appear to be private property.

Previously to adopting any measures for replacing these
Stores, I am directed to request you will submit the subject
for the consideration of the Secretary of State for the Colonies.



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FILE: 1859-04-14_Morgan_to_Lytton_B595MI14.txt
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Morgan to Lytton

I have had the honor to receive your Letters of the
16th March last and 9th instant, and on behalf of
the Society of Solicitors before the Supreme Courts of
Scotland, beg to return thanks for your attention.



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FILE: 1859-04-15_Carnarvon_Parliamentary_Under-Secretary_to_Douglas_B597052.txt
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No. 52

I have to acquaint you that the Colonial Agent General has apprized
me that the articles supplied for your Government, pursuant to the
Requisition transmitted in your Despatch
No 8 of the 27th October last,
were shipped on board the Gomelza on the 7 & 23 Ulto for conveyance to
British Columbia.



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FILE: 1859-04-15_Columbia,_Bishop_of_to_Merivale_Permanent_Under-Secretary_B596C04.txt
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Bishop of Columbia to Merivale (Permanent Under-Secretary)

I beg to acknowledge your letter of the 9th and enclosing a
copy of a correspondence between the Colonial Department, the
Governor of B Columbia and the Bishop of London respecting an
appointment made by Governor Douglas under a misapprehension of the
nature of a License held from the Bp of London by the Rev. W.B.
Crickmer a Missionary of the Colonial Ch & School Society; and I have
to express my thanks for the trouble taken by the Colonial Office in
placing the matter upon a proper footing.



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FILE: 1859-04-15_Corry_to_Merivale_Permanent_Under-Secretary_B595AD17.txt
================================================================================

Corry to Merivale (Permanent Under-Secretary)

I am commanded by My Lords Commissioners of the Admiralty
to send you herewith, for the information of Her Majesty's
Secretary of State for the Colonies, a Copy of a Letter from
Captain De Courcy, of HM Ship Pylades, dated the 24th
Feby, containing intelligence respecting Vancouver Island
and British Columbia.



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FILE: 1859-04-15_Douglas_to_Lytton_V59012.txt
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No. 12

I have the honor to acknowledge the receipt of your Despatch, of
the 7th February No 15, in reference to my Despatch of the
11th December last, No 49, which reported the appointment of
certain officers therein named, to situations in Vancouver's
Island, and you are pleased to observe that you have no
objections to offer to those nominations, provided the salaries
of the officers in question are defrayed from the resources of
Vancouver's Island, and in no degree interfere with the
appointments you have found it necessary to make in British
Columbia.

I beg to inform you in reply that the appointments of Officers
made for the Colony of Vancouver's Island, are entirely
distinct, and do not in any degree interfere with the
appointments you have made in British Columbia; that the
services of the Officers mentioned in my letter are
indispensably necessary for conducting the public business of
the Colony, and that their salaries as stated in my letter are
paid by the Hudson's Bay Company, out of the proceeds of Land
sales effected in Vancouver's Island.



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FILE: 1859-04-16_Carnarvon_Parliamentary_Under-Secretary_to_Douglas_B597053.txt
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No. 53

I have to acquaint you that the Colonial Agent General has apprized
me that the articles supplied for your Government, pursuant to the
Requisition

*

made by Captn Gosset, to which reference was made in my
Despatch No 5 of 15 January, were shipped on board the "Gomelza" on
the 1st Inst for conveyance to British Columbia.



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FILE: 1859-04-16_Coutts_to_Lytton_B596C07.txt
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Coutts to Lytton

I am much obliged by Your explicit Letter. I am glad to find
You do not have office & hope Your Health may soon be benefitted. I
should not trouble you now, but that I have been much pressed to
point out to You, a circumstance which has arrested the attention of
some very intelligent Gentlemen here, who have paid considerable
attention to the American Policy. There appeared in the Times of
last Monday or Tuesday, I think, a small paragraph to the effect that
the well known
Walker had reached California in disguise & these Gentlemen
have connected this singular circumstance with
possible intentions in British Columbia on the part of the
Americans—with or without direct support from their Government. With,
a War, probable in Europe—Indians not wholly quiet & recent disturbances
in British Columbia where there are few Troops the movement would not be
unfavourable—of its likelihood I can of course form no opinion. If
the various pieces of intelligence respecting Walkers movements in this
guise be important the circumstance has most probably attracted
the attention of HM Government. Still as it was named to me so seriously
by persons of intelligence & judgement & I should be very sorry for
the Bishop of Columbia to find Walker amongst his Parishioners
I thought I would bring it privately under Your notice but this letter
requires no answer & pray do not reply in any way.



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FILE: 1859-04-16_Douglas_to_Lytton_B59139.txt
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No. 139, Military Expenses

With reference to my previous correspondence upon the
subject of the Military Expenses of British Columbia, and the
inability at the present moment of the Colony to meet those
expenses, I have the honor to forward to you herewith the copy
of a letter dated the 9th Instant, which I have received from
Colonel Moody, making requisition upon me for the sum of Three
Thousand Pounds (£3000) to defray Military Expenses already incurred
and in connection with works in progress, and in consequence thereof
I have issued instructions to the Colonial Treasurer to negociate
Bills to this extent upon Her Majesty's Paymaster General, all
of which Bills shall be advised to the Paymaster General in due course.



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FILE: 1859-04-18_Corry_to_Merivale_Permanent_Under-Secretary_B595AD18.txt
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Corry to Merivale (Permanent Under-Secretary)

With reference to Mr Elliots Letter of the 16th
April, expressing the thanks of Secretary Sir E.B. Lytton
for the Services of the Seamen and Marines sent to prevent
disturbances in Fraser's River; and stating that the arrival of
the main body of the Engineer Force and of the Gun Boats in
British Columbia will relieve Her Majesty's Ships "Satellite"
and Plumper from duties which necessity alone has compelled
the Governor to ask their Commanding Officers to undertake;
I am commanded by My Lords Commissioners of the Admiralty to
state, for the information of Sir E.B. Lytton, that
unforeseen delays have detained the Gun Boats but that they
will shortly be ordered to proceed to Vancouver Island—also
that My Lords desire to draw attention to the great
inconvenience resulting from the Employment of the Crews of
Her Majesty's Ships on duties which ought properly to devolve
on the Civil Power of the Colony.



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FILE: 1859-04-18_Murdoch_and_Rogers_to_Merivale_Permanent_Under-Secretary_V595LN03.txt
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Murdoch and Rogers to Merivale (Permanent Under-Secretary)

We have to acknowledge your letter of 7th instant, enclosing for our
Report a letter from the Admiralty, on the subject of the reservation
by the Crown of Coal and Timber for Government purposes in VanCouvers
Island and British Columbia.

2. In respect to Coal we presume that it would never be contemplated
by Government to reserve any mine to be worked at its own expense for
its own service. The only way in which a reservation could be made
would be by inserting a condition in any Lease, that the Coal
required for Government purposes should be furnished either
gratuitously or below the market price.

3. If there were a large demand for Coal and no other means of
meeting it, such a condition would have the effect of throwing on the
Revenue of the Colony (to which the Royalty of the Coal Mine would
belong) a portion of the expense of supplying the Government with
Coal, but it would not necessarily prevent the working of the Mines.
Unless the quantity to be supplied were accurately specified, it
would probably cause more injury to the Colonial Revenue than benefit
to the Government Service, inasmuch as an indefinite liability is
naturally calculated at a maximum. Nevertheless, if there were a
large private demand the profits upon it might be sufficient to
counter balance the loss on the public demand. But this is not the
case at VanCouvers Island. The Hudson's Bay Company are already in
possession of and are working, a mine at Nanaimo. They will probably
for a long time find no difficulty in supplying all the Coal that is
wanted, and as they pay no Royalty it may be doubted whether any
other persons, even with an ordinary Royalty, will be able to compete
with them. It is quite certain that no one burthened with a
Government reservation would be able to do so. The effect,
therefore, of such a reservation would be to drive away private
enterprize from the Coal Fields of these colonies and to perpetuate
the monopoly of the Hudson's Bay Company. Of course under such
circumstances the Admiralty would be at the mercy of the Hudson's Bay
Company for their Coal supplies. We cannot, therefore,
recommend that any reservation should be made of Coal.

4. In respect to Timber for ship building it is obvious to remark,
that as such Timber could only be brought to this Country round Cape
Horn—a voyage considerably longer than that from Australia and New
Zealand where there are inexhaustible supplies of the finest
Timber—it is scarcely conceivable that the Admiralty should ever
have recourse to the Forests of VanCouvers Island or British
Columbia. For the small quantity that might from time to time be
required for the repair of the Ships on the Station, it would not be
worth while to make any reservations.

5. But even if this were not the case it may be doubted whether
reservations of this description are of any practical use. Assuming
them to be made the Admiralty must still depend for the felling and
conversion of the Timber on the ordinary Lumberers of the Country.
And where the required Timber is on Land for which a Timber License
has been granted, it must, as a general rule, depend on the Licensee.
For in order to get Timber out of the Forest it is necessary to
construct roads and ways along which it may be hauled—and for the
accommodation and subsistence of the Lumberers
while thus employed temporary huts must be erected and provisions
must be laid in. If the Admiralty were to employ any other person
than the Licensee to haul their Timber, they must provide other
Laborers with other huts and Stores of provisions, and other roads
and ways. It is clear that to do so would involve an unnecessary
expenditure probably greater than the value of the Timber to be
obtained, and there would be besides a constant risk of Collision
between their Lumberers and those of the Licensee, which, removed as
they would be from the control of the usual Tribunals, might give
rise to serious consequences.

6. But if the Admiralty is to operate through a Contract with the
Licensee there is no necessity for a reservation. The Timber
required for Ship building, and especially for Masts, is more
valuable for that purpose than for any other. And the Licensee would
for his own sake reserve it for Sale to the Admiralty if he knew that
they would want it. The chance moreover of obtaining a contract with
the Admiralty would stimulate those engaged in the Lumber Trade to
explore the woods for Trees suited for the purpose—instead of
leaving the Admiralty Agents to discover the Trees for themselves.
It may perhaps be said that the Admiralty would get the Timber
cheaper if it were forbidden to all but the Admiralty Agents. This
advantage, however, if any, must be very small. Timber on the ground
in a new country has no marketable value—its price consists almost
entirely of the cost of felling it and bringing it to market, and
contracts made by means of open Tenders would protect the Admiralty
against exorbitant demands on the part of individuals. Or at worst
the Admiralty, if it thought the demands of Licensees exorbitant,
might employ its own people on the Crown Lands where Licenses had
not been granted, and on which, therefore, it would have every
advantage that the proposed reservations could have provided.

7. But while we believe that such reservations would be useless for
good, they would not be powerless for harm. Although, as we have
said, it is extremely unlikely that Timber should be brought from
VanCouvers Island or British Columbia to build Ships in this Country,
it is very probable that as the Country advances Ship Building might
become a considerable business in it. But the proposed reservations
could scarcely fail, it they had any effect at all, to retard and
embarrass this business and in so far to interfere with the progress
of the Colony.

8. Reservations of Timber fit for ship building were formerly
universal in Licenses to cut Timber in the British Colonies,
especially in Canada and New Brunswick, but they have, we believe,
been for many years discontinued as vexatious and unnecessary. We
do not think it would be desirable to revive them in VanCouvers
Island and British Columbia.



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FILE: 1859-04-19_Douglas_to_Lytton_B59140.txt
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No. 140

Referring to my Despatch of the 16th Instant, communicating
the requisition made upon me by Colonel Moody for the sum of Three
Thousand pounds (£3000) to defray expenses incurred on Military Account,
I have the honor to forward to you herewith the copy of a letter
addressed to me by the Colonial Treasurer, representing the
impracticability of obtaining Coin for Bills drawn at 30 Days
sight. I have therefore been compelled to instruct the Treasurer
to depart so far from established regulations, as to draw the
Bills at Seven Days sight in cases where it is absolutely necessary
to do so; and I trust that this proceeding will not cause any
inconvenience to the Department of Her Majesty's Paymaster General,
as the whole account drawn is comparatively insignificant, and
from the number of men of War now at and about Vancouver's Island,
the Market is so plentifully supplied with Navy Bills at Seven
Days sight, that it is difficult to obtain Cash even on any terms
at short notice in exchange for Bills, and those upon less
favorable terms than the Navy Bills are unhesitatingly rejected.



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FILE: 1859-04-20_Carnarvon_Parliamentary_Under-Secretary_to_Douglas_B597054.txt
================================================================================

No. 54

I transmit herewith for your information the copy of an Act which
has been passed by the General Assembly of New Zealand and to which Her
Majesty has been advised to give Her assent, entitled "An Act to make
provision for the management of Gold Fields in the Colony of New
Zealand."

I have forwarded this Act to you because the Colonial Land and
Emigration Commissioners, to whom it was referred, have reported that it
has been judiciously framed and it may perhaps prove useful to you in
considering any further regulations which it may be thought desirable to
make in connection with the Gold discoveries in British Columbia.



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FILE: 1859-04-20_Corry_to_Under-Secretary_of_State_V595AD06.txt
================================================================================

Corry to Under-Secretary of State

I am commanded by my Lords Commissioners of the Admiralty to forward
to you to be laid before Her Majesty's Principal Secretary of State
for the Colonies, a copy of a Letter from Rear Admiral Baynes, C.B.,
Commander in Chief in the Pacific, pointing out the pressing
necessity for Lights on Vancouver Island—both at the Race Rocks and
at the entrance of Esquimalt Harbour, in which recommendation their
Lordships entirely concur.



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FILE: 1859-04-20_Stamp_to_Carnarvon_Parliamentary_Under-Secretary_B596S03.txt
================================================================================

Stamp to Carnarvon (Parliamentary Under-Secretary)

I beg again to trouble your Lordship on the subject of the
Postal Contract between British Columbia and San Francisco. I arrived
in this Country 1st February last for the purpose of endeavouring
to carry out this undertaking.

My sole detention at present is in the hopes, and expectation,
of being able to secure the Postal Contract between British Columbia
and San Francisco in terms of my tender and to which I was led to
believe I should receive a favorable reply early this month, for the
conditions as originally stated therein were modified and amended to
meet the views of the authorities, from whose expressions I gathered,
without being binding upon them, that, with the exception of a matter
of etiquette with the United States Post Office, my offer would be
acceptable and myself and friends considered responsible and
competent for the fulfilment of the Contract. May I beg not simply
in my own name, but in that of the Colony whose important interests
are in the meantime so much neglected and injured by want of regular
Mail Communication that you will kindly press this matter to a prompt
and favorable decision.



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FILE: 1859-04-21_Berens_to_Lytton_V595HB07.txt
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Berens to Lytton

I have the honor to acknowledge the receipt of Mr Merivale's letter,
dated Downing Street the 12th instant, on the subject of the
expenses incurred by the Hudson's Bay Company in searching for Coal
at Fort Rupert, and stating that unless the Directors of the Hudson's
Bay Company can give evidence that it was intended to carry the
proceeds of the Fort Rupert Mine, (had it succeeded) to the public
account, Her Majesty's Government are not prepared to reimburse the
Company the expenses they incurred in that undertaking.

The Directors of the Hudson's Bay Company feel it would be difficult
to bring evidence of an intention on their part to carry the proceeds
of the Fort Rupert Mine to the public account, as in consequence of
the search having proved a failure, the question as to proceeds never
arose; but they would beg to remind you that the search for Coal was
originally undertaken by the Hudson's Bay Company as one of the means
of promoting Colonization in Vancouver's Island. That object was
attained by the addition to the British population of the Island of a
large number of Miners and other immigrants connected with the
working of the Coal, who were sent out from England at a very heavy
expense.

The Coal Mine at Nanaimo now in the hands of the Hudson's Bay Company
has hitherto been unremunerative, and under these circumstances
considering that the public alone have been the gainers, the
Directors of the Hudson's Bay Company think that, although they may
have no strictly legal right, they have nevertheless an equitable
claim on the liberal consideration of Her Majesty's Government with
reference to the actual loss sustained by them in the search for the
Coal at Fort Rupert.



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FILE: 1859-04-21_Hill_to_Merivale_Permanent_Under-Secretary_V595MI01.txt
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Memo, Hill to Merivale (Permanent Under-Secretary)

Mr Frederic Hill presents his compliments to Mr Merivale, and begs
leave to inform him that the Bag of Despatches addressed to the
Governor of Vancouvers Island, which accompanied Mr Merivale's note
of the 8th Instant, was duly delivered into the charge of Mr
DeCourcy.



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FILE: 1859-04-23_Northcote_to_Merivale_Permanent_Under-Secretary_B595TE11.txt
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Northcote to Merivale (Permanent Under-Secretary)

With reference to your Letter of the 21st Ultimo
and to the previous correspondence which has passed on the
subject of the grant of a Charter to the Bank of British
Columbia, I am commanded by the Lords Commissioners of
Her Majesty's Treasury to acquaint you that My Lords find
on communicating with the Counsel of this Board that they had
overrated the importance of the clause which provided for
the notification to the Queen by Warrant of Their Lordships
of any breach of the Covenants of the Charter with a view to
it's revocation.

Mr Bellenden states that "the words are not
essential; that they had been introduced in some recent
Charters as it appears convenient that there should be some
responsible body on whose suggestion the Crown should act;
and the Commissoners of the Treasury were selected seeing
that all the other matters relating to the Charter were
referred to the Treasury."

Their Lordships are glad to find that, in acceding to
the proposal of Sir E. Bulwer Lytton for the omission of the
words in question the difficulties which they apprehended
are not likely to occur. At the same time, they wish it to
be understood that, in deferring to his wishes in the matter,
they do not abandon any of the powers which this Board may be
called upon to exercise in case of any circumstances arising
to require the revocation of the Charter.

My Lords have forwarded the Draft as amended to the Board
of Trade and have recommended that Her Majesty be advised to
direct the issue of letters Patent under the Great Seal in
conformity therewith.



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FILE: 1859-04-23_Northcote_to_Merivale_Permanent_Under-Secretary_B595TE12.txt
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Northcote to Merivale (Permanent Under-Secretary)

I am desired by the Lords Commissioners of Her Majesty's
Treasury to state, for the information of Secretary Sir E.B.
Lytton, with reference to your letter of the 14th February
last, that My Lords have for some time had under their consideration
the necessity of endeavouring to procure a regular Postal Service
between San Francisco and British Columbia and are of opinion that
the establishment of such a Service is imperatively called for at
as early a period as circumstances will allow.

My Lords, however, are of opinion that there is no sufficient
reason for departing, in this instance, from the principle of
competition, and they, have therefore, requested the Admiralty
to take the necessary steps for advertising for tenders for this
service to be performed fortnightly between San Francisco and
Victoria, Vancouver's Island and Fort Langley, on the Frazer River.

The Vessels are to be required to leave San Francisco within
say twelve hours of the arrival at that Port of the American
Mail Steamers, and to allow a sufficient interval at Victoria and Fort Langley for preparing the Return Mail.



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FILE: 1859-04-25_Carnarvon_Parliamentary_Under-Secretary_to_Douglas_B597055.txt
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No. 55

With reference to my despatch No 42 of the 2nd of April, I
have the satisfaction to transmit to you the copy of a despatch from Her
Majesty's Minister at Washington with it's enclosure from the American
Secretary of State, reporting that provision has been made by Congress
for the payment of the advance, with interest, made by you to the
Authorities of Washington Territory.



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FILE: 1859-04-25_Carnarvon_Parliamentary_Under-Secretary_to_Douglas_V597055.txt
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No. 55

With reference to my despatch No. 42 of the 2nd of April, I have
the satisfaction to transmit to you the copy of a despatch from Her
Majesty's Minister at Washington with it's enclosure from the American
Secretary of State, reporting that provision has been made by Congress
for the payment of the advance, with interest, made by you to the
Authorities of Washington Territory.



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FILE: 1859-04-25_Douglas_to_Lytton_B59141.txt
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No. 141

I have duly received your Despatch of the 12th February
last No 22, expressing to me the satisfaction of Her Majesty's
Government at the tranquillity prevailing in the Colony of British
Columbia, and commending the efforts I have made to avoid drawing
upon the Imperial Treasury for the expenses of the Colony.

2. I need not say how gratifying is this approval to me.
Her Majesty's Government may rest assured that I will not relax
in the application of the most rigid economy to the public affairs
of the Colony, and I doubt not that, apart from the expenses
incurred by the Detachments of Royal Engineers and Royal Marines,
we shall continue to be able to meet the other expenses of the
Colony, and that ultimately British Columbia will be able to
repay the Advances made to her by the Mother Country.



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FILE: 1859-04-25_Douglas_to_Lytton_B59142.txt
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No. 142, Military

I have the honor to communicate to you that the Freight
Ship "Thames City" arrived in Esquimalt Harbour on the 12th
Instant, with the main body of the Sappers and Miners for service
in British Columbia.

2. The Ship touched at the Falkland Islands and at Valparaiso
on the passage out; several births occurred during the voyage,
and on arrival at Vancouver's Island the Troops together with the
women and children were in excellent health.

3. The Ship was only chartered as far as Esquimalt, but as
I considered that the Master would be quite willing to proceed
to Frasers River, I entered into arrangements with the Senior
Naval Officer that the "Thames City" might be towed by one of Her
Majesty's Ships to Queensborough, the Destination of the Troops,
however the Master would not consent to go for a less sum than
Twelve Hundred pounds (£1200), and as this was deemed exorbitant, a
contract was entered into with one of the Merchant Steamers for
the conveyance of the whole of the Troops, and Government Freight
from alongside the Thames City to Queensborough for the sum of
Nine Hundred pounds (£900). This amount may appear large, but,
nevertheless, it was the very lowest rate at which we could
get the work performed.

4. The Troops with the Women and Children have all been
removed to British Columbia, and the last of the government freight
will be conveyed thither in a day or two.

5. I would take this opportunity of respectfully submitting
that in all future cases of sending Troops or Stores to British
Columbia, the Vessels should be chartered to proceed to Queensborough,
so that the very heavy expense which has, in this case, been incurred
may hereafter in a part be avoided.



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FILE: 1859-04-25_Douglas_to_Lytton_B59143.txt
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No. 143

Since my last report of the 12th Instant, nothing of much
importance has occurred respecting the Colony of British Columbia.

2. Mr Begbie returned yesterday from Fraser's River, after
visiting all the settlements as far as the Fountain. The country
appears by his report to be every where quiet.

3. The Indian population have suffered much privation of
food, in consequence of the dearth of fish and their natural
improvidence, but the white Miners were well supplied, though
provisions were selling at a high price, caused chiefly, by the
distance from the sea, and the heavy expense of transport.

4. The snow was still lying deep in many parts of the road,
when Mr Begbie left the Upper Fraser. The Miners were however
beginning their labors, and were moving into the upper country
in great numbers.

5. The accounts from the mining Bars below Fort Yale are most
satisfactory. Mr Perrier late Justice of the Peace, who arrived
lately from that part of the country, has given me much interesting
information, respecting the earnings of the miners, of which I
will proceed to give a synopsis for your information.
Hill's Bar on which he holds a mining claim, is yielding more gold
than at any former time. The receipts of the companies who supply
water for sluicing, amount to 1,200 dollars a week, and four men
took out of one mining claim the large amount of 4,000 dollars
worth of gold dust in six consecutive working days. Prince
Albert's Flat, yields from 5 to 12 dollars a day to the man.
Emory's Bar was nearly deserted, in consequence of the rush of
miners to the upper country. Texas and Victoria Bars are yielding
fair wages, and even as far down, and below Fort Hope, the miners
are doing remarkably well, for the season. The Bars are now
generally deserted for bank diggings, above the highest level of
the River, and Mr Perrier is satisfied that all the table lands
between Forts Yale and Hope in the valley of Fraser's River are
auriferous, and will yield large wages to the industrious miner.
Those diggings are yet but imperfectly prospected, and little known,
but wherever explorations have been made, a highly auriferous
stratum, varying from 3 to 4 feet in thickness, has been discovered,
about 8 feet below the surface, and my informant further adds that
the surface mould itself contains enough of gold to cover all the
expenses of its washing and removal.

6. The Royal Engineers and Royal Marines have been all safely
landed at Queensborough, where they are now stationed, and Colonel
Moody is also at that place, making arrangements for their
comfortable accommodation and directing the Surveys of Public Land,
and other affairs connected with his department.

Several numbers of the Victoria Gazette, as per margin

*

herewith forwarded for your information.



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FILE: 1859-04-25_Douglas_to_Lytton_B59143SP.txt
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Separate

I have the honor to forward to you herewith a Letter
addressed to you by Colonel Moody, upon the subject of the
allowances made to him for the passages of himself and Family
from England to this Country, and I trust that it may be possible
to view his case in a favorable light, for I can add my testimony
to the very heavy expense which attach to living in this part of
the world; and the disproportionate rate of the Officer's salaries
to the expensive nature of the Country, is a subject which I
propose to bring to the serious and special notice of Her Majesty's
Government.



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FILE: 1859-04-25_Douglas_to_Lytton_V59013.txt
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No. 13

I have the honor of forwarding herewith for your information a
copy of my correspondence with the House of Assembly, on various
subjects relating to the public business of the Colony of
Vancouver's Island, from the 21st day of February last to the
7th day of April instant.

2. The subjects referred to therein do not require separate and
distinct notice. I will however take the liberty of drawing
your attention to a few points of much importance; the first
being the establishment of a Mint in this Colony, a subject in
relation to which, the House feel a deep interest, and in their
address to me of the 31st of March last, express an earnest
wish that I should recommend it, for the consideration of
Her Majesty's Government.

3. Knowing your own views with respect to the advantages of
that measure; its benificial

effects on Trade; in strengthening our connection with the
Mother Country, and in promoting the material interests of the
Colony; having also lately reviewed the question of establishing
an Assay Office in this Colony, as a preliminary step to the
establishment of a Mint, it does not appear necessary that I
should revert to the subject more fully in this communication.

4. With respect to the recommendation of the House of Assembly,
that the coinage of the Colonial Mint should be in decimal
currency, of the same value as that of the United States, that
is a question which I shall take care to reserve for the
decision of Her Majesty's Government.

5. The other point to which I beg to draw your attention, is
respecting the reserves of public Land made for Government
purposes, in the several Districts of this Colony, which the
House of Assembly in their Address of the 31st of March desire
may be restricted to reserves for educational purposes, and
placed for that object, exclusively at the disposal of the
Legislature of Vancouver's Island.

6. I declined, for the reasons stated in my reply to that
address, to act in compliance with their request, as it appeared
to me that the claim advanced by the House to the control of the
reserves of public land, is unconstitutional, and would be an
encroachment on the rights of the Crown.



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FILE: 1859-04-25_Douglas_to_Lytton_V59014.txt
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No. 14

I have the honor of transmitting herewith for your information,
a Copy of the Minutes of Council from the 11th October 1858, to
the 8th of Instant, inclusive, with various Acts referred to
therein.

The Minutes will be continued and brought up to the present date
by the next mail, when copies of several Acts which have lately
passed, will be also transmitted, with such explanatory remarks
as may be required.



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FILE: 1859-04-25_Douglas_to_Lytton_V59016.txt
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No. 16

I have duly received and attentively considered your Despatch of
the 9th February No 18 in reply to my Despatch upon the
subject of the sale of Town Lots at Victoria and I beg to offer
you my sincere thanks for the very valuable information you have
conveyed to me in connection with the settlement and improvement
of Land in British Colonies as acquired by long experience in
your Department.



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FILE: 1859-04-26_Douglas_to_Lytton_B59144.txt
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No. 144

I have the honor to acknowledge the receipt upon this
date of your Despatches of the Numbers and Dates as
particularized on the other side hereof.

*



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FILE: 1859-04-27_Hammond_to_Merivale_Permanent_Under-Secretary_V595FO04.txt
================================================================================

Hammond to Merivale (Permanent Under-Secretary)

I have laid before the Earl of Malmesbury your letter of the 11th
Instant, inclosing a despatch from Governor Douglas respecting the
intrusion of Citizens of the United States into the Island of San Juan in the Gulf of Georgia; and I am to state to you in reply that
His Lordship will transmit to Lord Lyons by the next mail a copy of
your letter and of its inclosure and will direct him to call the
immediate attention of the Government of the United States to the
circumstance therein set forth, and to point out the serious
difficulties in which the two Governments may be involved if while
the question of boundary in that quarter remains unsettled, American
Citizens should intrude themselves into any Territory which has
hitherto been considered and treated as part of Her Majesty's
Dominions.

In the meanwhile it appears to Lord Malmesbury that the best course
to be pursued by Governor Douglas is to continue to warn off all
persons who may attempt to assert any rights of occupancy as against
the British Dominions in the Island of San Juan, and to maintain, as
he has hitherto done, the rights of the British Crown to the Island,
avoiding giving occasion to acts of violence and merely upholding
British Possessions by the ordinary exercise of the Civil Power.



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FILE: 1859-04-28_Carnarvon_Parliamentary_Under-Secretary_to_Douglas_B597056.txt
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No. 56

I have to acquaint you that Her Majesty's Government have had under
their consideration the necessity of endeavouring to procure a regular
Postal Service between San Francisco and British Columbia, and that in
connection with this subject they have had before them the tender made
by Mr Edward Stamp to enter into a contract for this service. The
Lords Commissoners of the Treasury, however, are of opinion that there
are no sufficient reasons in the present instance for departing from the
principal of competition and they are therefore about to issue
advertisement for tenders for this service to be performed fortnightly
between San Francisco, Victoria and Fort Langley.



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FILE: 1859-04-28_Murdoch_and_Rogers_to_Merivale_Permanent_Under-Secretary_B595LN08.txt
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Murdoch and Rogers to Merivale (Permanent Under-Secretary)

We have to acknowledge your letter of 14th instant,
enclosing a Despatch from the Governor of British Columbia
with the copy of a Proclamation which he had issued on the
subject of the disposal of the Crown Lands in that Colony.

2. On 7th February last Sir E. Bulwer Lytton having
received from Governor Douglas a report on the disposal of Land
in British Columbia, addressed to him a Despatch laying down
certain principles for his guidance. Sir E. Lytton expressed
his approval of an upset price of £1 for Country Lands in
the Fraser River District, and of a lower price elsewhere;
he estimated his preference for Sales by Auction over Sales
at a fixed price, he expressed a decided opinion in favor of
prompt payment instead of payment by instalments, but he left
to the Governor to decide the size of lots, the terms on which
mineral lands should be let, and the mode in which a revenue
should be obtained from the produce of the Gold Fields,
as well as some minor points which had been adverted to by
Governor Douglas.

3. Governor Douglas' present Despatch is dated 19th
February last, 12 days later, and the Proclamation which it
encloses is dated 14th February. The Proclamation
announces that all Lands, other than Town or Mineral Lands
or lands specially reserved, will be sold by Auction at an
upset price of 10s/- an Acre, the price to be paid half
in Cash at the time of Sale and the other half at the end
of two years, that Lands unsold at Auction may be disposed
of by private contract, at the upset price, and that all
Sales are to be subject to such private right of way as
maybe declared at the time of Sale, and such public right
of way as may be afterwards declared. The conveyance of the
Land is to include all Trees and Mines and Minerals except
Gold and Silver. The Proclamation further announces that it
is intended to lay out the Capital of the colony on the right
bank of Frasers River, that three fourths of the Lots will
be put up to Auction in the Colony during the present Month
of April, and one fourth reserved for Sale in the United
Kingdom and British Colonies, but if not there
sold will be disposed of in the same manner as the three
fourths, that purchasers at Langley Fort may resign their
purchases and be allowed the price in purchases in the
Capital, that the Capital will be declared a Port of Entry,
and that the River frontage will be let on leases of 7 years
for the construction of Quays. No upset price is named for
lots in the Capital nor is the size of the lots specified.
In his despatch Governor Douglas states that it is
intended for the present to reserve all Lands known to
contain Minerals and to make large reserves for Churches,
Schools, and public purposes and for Towns and Villages,
and as a general rule not to sell any Land till it has
been surveyed. He adds that it was considered advisable
to fix a low price for Country Lands in order to encourage
Emigration from England, the want of the English element
in the population being one of his greatest difficulties
in legislating for the Government of the Country.

4. It will be seen from the preceding statement that the
only essential point in which Governor Douglas' regulations
differ from Sir E. Bulwer Lytton's principles is in the
admission of payment for Country Lands by Instalments.
This is no doubt an important point, and it is, perhaps,
to be regretted that Governor Douglas, after sending home his
report of 27th October last, did not wait to ascertain
the views of the Secretary of State before issuing any final
regulations on the subject. Possibly, however, the
circumstances of the Colony made delay unadvisable. Looking
now to the inconvenience of frequent changes in the
regulations, and also to the large proportion of the purchase
money to be paid down at the time of purchase, we do not
think it necessary to recommend that Governor Douglas should
be directed to rescind this portion of his regulations. But
whenever new regulations are issued it would be desirable that
the mode of payment should be altered, in conformity with Sir
E. Bulwer Lytton's instructions.

5. In respect to the sale of Country Lands Governor Douglas states that it is proposed to reserve the land
bordering on the United States Frontier (which would include
the Fraser River District) and to form on it a Military
Reserve for the Royal Engineers and if possible for an
exclusively English population. In regard to ordinary
Country Lands we do not suppose that a higher price than
10s an Acre could be maintained, in the face of the lower
price and greater facilities offered in the adjoining
States of the Union. We should indeed have been disposed
to doubt whether 10s/- was not too high, but Governor Douglas and his advisers must be the best judges on that
point. We can readily understand the importance which
he attaches to the introduction of English Settlers, but
we fear that the length of the passage round Cape Horn and
the expense of that across the Isthmus, will prevent any
considerable Emigration of the Laboring Classes from this
Country. It is probably from the British subjects settled
in Australia and in the various Islands and Countries in the
Pacific that Governor Douglas may most confidently hope to
recruit his British population. It is by no means improbable
that many of these may be attracted by the material advantages
which the new Colony holds out, enhanced by the security and
tranquillity to be obtained under British Rule.

6. In regard to the proposed Sale in the United Kingdom
and the British Colonies of one fourth the lots in the
proposed Capital we cannot but feel some doubt. If it is
contemplated to attach any conditions of residence to
such lots there seems no reason for selling them out of the
Colony. The terms of Sale could be equally well published
in the United Kingdom and British Colonies without any
actual Sale of the Land. If it is not intended to attach
conditions of residence, the lots will be bought by
speculators who will hold them on the chance of a rise in
value, with the usual result of obstructing the progress of
the Town, interrupting its communications and creating a nuisance
to the holders of aspiring lots. It may be difficult to
prevent absentees speculating in Town Lots, but it is not
necessary to invite them to do so. It would, we think, be
wise to abandon this part of the scheme.

7. In conclusion we may point out a slight confusion
in the Proclamation. The second paragraph states that the
price of all Lands except Mineral and Town Lands "shall be
10s/- per Acre payable one half in Cash at the time of the Sale
and the other half at the end of two years from such Sale"
but the fourth paragraph states that with certain exceptions
"all the land in British Columbia will be exposed in lots
for Sale by public competition at the upset price above
mentioned" &c. The meaning is, of course, as we have stated
it, that all country Lands shall be put up to Auction at
an upset price of 10s/-, an Acre, and that one moiety
of the price for which the Land is sold should be paid at
the time and the other moiety after two years.
We do not suppose that any difficulty will arise from this
ambiguity, but whenever the regulations are reconsidered
it would be as well to remove it.



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FILE: 1859-04-29_Carnarvon_Parliamentary_Under-Secretary_to_Douglas_B597057.txt
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No. 57

I transmit to you herewith the copy of a letter which I have
received from Mr John Barnston of Montreal, containing an extract from
one [letter] from his son, a Canadian Barrister, residing in Vancouvers
Island, complaining of his exclusion, as a Colonial Lawyer, from
practising in the superior courts of Vancouvers Island, and British
Columbia.

Mr Barnston's application that this disqualification may be
removed appears to me in itself to be a reasonable one, but it is a
matter in which I am unwilling to interfere with your discretion, and I
must leave it to you to decide whether his request can properly be
complied with. Should you see no objection to the admission of Lawyers
educated either in Canada or in the British Colonies generally the local
legislature has the power in Vancouver's Island to effect this, as I
have pointed out in my recent despatch No. 45 of the 9th April on a
similar application from the Scottish Solicitors, and you will be at
liberty to introduce the necessary measure for the purpose. In British
Columbia all that would be necessary would be the requisite amendment of
the Judges order in Court transmitted with your despatch No. 65 of the
6th January which provides for their temporary admission only.



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FILE: 1859-04-29_Carnarvon_Parliamentary_Under-Secretary_to_Douglas_V597057.txt
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No. 57

I transmit to you herewith the copy of a letter which I have
received from Mr John Barnston of Montreal, containing an extract from
one [letter] from his son, a canadian Barrister, residing in Vancouvers
Island, complaining of his exclusion, as a Colonial Lawyer, from
practising in the superior courts of Vancouvers Island, and British
Columbia.

Mr Barnston's application that this disqualification may be
removed appears to me in itself to be a reasonable one, but it is a
matter in which I am unwilling to interfere with your discretion, and I
must leave it to you to decide whether his request can properly be
complied with. Should you see no objection to the admission of Lawyers
educated either in Canada or in the British Colonies generally the local
legislature has the power in Vancouver's Island to effect this, as I
have pointed out in my recent despatch No. 45 of the 9th April on a
similar application from the Scottish Solicitors, and you will be at
liberty to introduce the necessary measure for the purpose. In British
Columbia all that would be necessary would be the requisite amendment of
the Judges order in Court transmitted with your despatch No. 65 of the
6th January which provides for their temporary admission only.



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FILE: 1859-04-30_Carnarvon_Parliamentary_Under-Secretary_to_Douglas_B597058.txt
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No. 58

I have to acknowledge the receipt of your despatch of the 19th
of February reporting that attempts are being made by certain American
citizens to survey and occupy the Island of San Juan in the Gulf of Georgia.
I enclose for your information and guidance the copy of a
correspondence with the Foreign Office on this subject and I have to
instruct you to pursue the course indicated by the Earl of Malmesbury
for maintaining the rights of the British Crown to the Island.



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FILE: 1859-04-30_Carnarvon_Parliamentary_Under-Secretary_to_Douglas_B597059.txt
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No. 59

The Lords Commissioners of the Admiralty have submitted to my
consideration the question of reserving coal and Timber for Government
purposes in British Columbia and Vancouvers Island, and I transmit to
you herewith, for your information the copy of a report which I have
obtained from Her Majesty's Colonial Land and Emigration Commissioners
upon it. I have intimated to the Admiralty my concurrence in the views
expressed by the Commissioners on this subject.



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FILE: 1859-04-30_Carnarvon_Parliamentary_Under-Secretary_to_Douglas_B597060.txt
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No. 60

As it has been deemed proper that a public seal should be appointed
for the use of the Colony of British Columbia, I transmit to you
herewith
*
the Seal which Her Majesty in Council has approved for that
purpose, together with Her Majesty's Warrant for using it.

You will be pleased to understand that the Seal is committed to
your custody, and that you must consider yourself responsible for the use
which shall be made of it in terms of Her Majesty's Warrant.

The principal use of the Seal will be to authenticate all public
instruments not partaking of a Judicial character which either emanate
from yourself, or to which your formal approbation or consent is
necessary in order to ensure their validity.

Instruments which are of the character of acts of Office,
Certificates and minor appointments would more properly be authenticated
under your Seal of Arms.



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FILE: 1859-04-30_Carnarvon_Parliamentary_Under-Secretary_to_Douglas_V597058.txt
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No. 58

I have to acknowledge the receipt of your despatch of the 19th
of February reporting that attempts are being made by certain American
citizens to survey and occupy the Island of San Juan in the Gulf of Georgia. I enclose for your information and guidance the copy of a
correspondence with the Foreign Office on this subject and I have to
instruct you to pursue the course indicated by the Earl of Malmesbury
for maintaining the rights of the British Crown to the Island.



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FILE: 1859-04-30_Carnarvon_Parliamentary_Under-Secretary_to_Douglas_V597059.txt
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No. 59

The Lords Commissioners of the Admiralty have submitted to my
consideration the question of reserving coal, and Timber for Government
purposes in British Columbia and Vancouvers Island, and I transmit to
your herewith, for your information the copy of a report which I have
obtained from Her Majesty's Colonial Land and Emigration Commissioners
upon it. I have intimated to the Admiralty my concurrence in the views
expressed by the commissioners on this subject.



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FILE: 1859-04-30_Hawes_to_Under-Secretary_of_State_B595WA09.txt
================================================================================

Hawes to Under-Secretary of State

I am directed by Secretary Major General Peel to acknowledge
the receipt of your letter, of the 12th Instant, covering
the copy of a despatch, and of its enclosure, from the Governor
of British Columbia, respecting a site for the seat of Government
in that Colony; and I am to observe that it is to be regretted
Lieutenant Governor Moody's Report is unaccompanied by any plan
or sketch, which, if only sufficient to mark the locality in a
very slight degree, would have afforded a more perfect
understanding of the particulars adverted to: but, so far,
however, as can be judged from a written description, the
conclusions, in the Report, seem very sensible and well-judged.



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FILE: 1859-05-02_Douglas_to_Lytton_B59145.txt
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No. 145, Military

I have duly received your Despatch of the 2nd February
last No 13 acknowledging my Despatch reporting the arrival of
Captain Parsons with a Detachment of Royal Engineers, and
acquainting me that you had received a letter from that Officer
to the same effect.

In compliance with your directions I have caused Captain
Parsons to be informed of the irregularity of his proceeding in
addressing a letter direct to Her Majesty's Government; and the
established Colonial Regulations with respect to correspondence
shall be made public according to your instructions.



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FILE: 1859-05-02_Douglas_to_Lytton_B59146.txt
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No. 146

I have duly received your Despatch of the 8th February
No 17 and I have the honor to acquaint you in reply thereto, that
your instructions respecting the report to be made by Colonel
Moody in reference to the claims of the Hudson's Bay Company to
Lands in British Columbia shall be attended to.



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FILE: 1859-05-03_Douglas_to_Lytton_B59147.txt
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No. 147, Military

I have the honor to acknowledge your Despatch of the 9th
January No 19 transmitting to me copies of correspondence in
reference to the pay of the Royal Engineers for service in British
Columbia and to inform you that I have duly forwarded the same
to Colonel Moody.



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FILE: 1859-05-03_Douglas_to_Lytton_B59148.txt
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No. 148

I have duly received your Despatch of the 11th February
No 21 in reference to the proclamation of the Act of Parliament
providing for the Government of British Columbia and the
installation of the Public officers.

2. I am much gratified that my action in this matter has
met with your approval.



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FILE: 1859-05-03_Douglas_to_Lytton_V59015.txt
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No. 15

I have the honor of transmitting herewith for your information a
copy of the Minutes of the Council of this Colony, from the
11th to the 16th day of April last, both days inclusive.

2. The Act for the preservation of Game is peculiar in its
character, inasmuch as it is merely intended for the protection
of Game, during the close season, and to prevent its wholesale
destruction by a class of persons who make a trade of hunting
and a livelihood by selling the game at this place.

3. It would be impossible perhaps to prevent altogether the
killing of game animals in the close season, but the present act
will have a highly conservative effect, by entirely putting a
stop to its being sold publicly in the market and by imposing a
fine upon all persons buying or selling the same.

4. The following Bills which have passed the Council, and are
now in favorable progress through the House of Assembly are
fowarded at present, in order to have the benefit of your
remarks on them.

5. The first is an Act for the registering of Conveyances,
affecting land or real estate, which is of manifest utility and
greatly required in this Colony.

6. The second Act is for the purpose of legalizing marriages
solemnized by Dissenting Clergymen, of which there was before a
doubt.

7. The other Bill is to enable religious bodies to hold land
and other real estate and to transmit the same in their
corporate capacity.

8. Those measures have been framed with great care and after
mature consideration and will I trust meet with the approval of
Her Majesty's Government.



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FILE: 1859-05-03_Wood_to_Colonial_Office_V596W03.txt
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Wood to Colonial Office

Having heard that My husband (Captain Wood Royal Marines H.M.S.
Ganges) has applied to you for an appointment in the Island of
Vancouver would you Kindly inform me if there is any chance of his
request being granted.

Trusting you will excuse the liberty I am taking in thus troubling you.



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FILE: 1859-05-04_Corry_to_Merivale_Permanent_Under-Secretary_B595AD19.txt
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Corry to Merivale (Permanent Under-Secretary)

I am commanded by my Lords Commissioners of the
Admiralty to send you herewith for the information of Her
Majesty's Secretary of State for the Colonies, a copy of a
letter from Captain M. de Courcy of the HMS Pylades, dated
the 10th March, together with a Copy of its enclosure
relative to the State of Affairs in Vancouver's Island and
British Columbia.



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FILE: 1859-05-04_Douglas_to_Lytton_B59148CO.txt
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Confidential

Since addressing you on the [blank] of last March, with respect
to your Confidential Despatch of the 10th Decr last,
acquainting me that Her Majesty's Government can only guarantee
me a Salary of £1800 per Annum as Governor of the two Colonies of
British Columbia and Vancouver's Island, I have received Despatches
from the Governor and Directors of the Hudson's Bay Company upon
the subject of the instructions I had forwarded to them to dispose of
my entire interest, both directly and indirectly in
connection with that Company.

2. From these advices I find that had the purport of my
instructions been strictly adhered to, I should have been involved
in a considerable pecuniary sacrifice, so much so, indeed, that the
Governor and Directors actually placed themselves in communication
with Her Majesty's Government to ascertain whether some arrangement
less disadvantageous to myself could not be entered into, and
finding that rigid adherence to the conditions laid down is
insisted upon, have paused to address me before completing the
final steps, and subjecting me to a most serious loss.

3. Under such circumstances, you cannot fail, Sir, to be
sensible of the extremely embarrassing position in which I am
placed. On the one hand liable to a heavy pecuniary loss; on the
other, if sustaining such a loss, committed to a Salary which is
neither befitting to my position, nor sufficient for my proper support.

4. I have devoted the most anxious thought to the subject.
I unhesitatingly submitted to the conditions required of me in
full confidence that in placing myself and case in the hands of
Her Majesty's Government I should not be required to sustain any
actual loss; but, now, seeing no way by which I can with true
honesty of purpose comply with such conditions except by an entire
abandonment of the benefits resulting to me from my many years of
Service in the Hudson's Bay Company, a sacrifice which I beg most
respectfully to submit it is hardly just should be required, and
which, indeed, I cannot afford to make for the inadequate Salary
attached to the Offices I hold, I beg to submit the following
proposal for the consideration of Her Majesty's Government.

5. I tender the whole of my actual and prospective interests
in the Fur Trade for a fair equivalent in Money, leaving the
proceeds of my interest therein to be paid over annually to the
Colonial Office.

6. I estimate the value of my retiring interest in the Fur
Trade as follows, basing my calculation upon the average profits
of the Company's Trade, for the last seven years, which I, submit,
is fair, and reasonable.

Average profit of 1/85 share for the 7

years ending with outfit 1855........ £437.15s.0d

One year on Furlough..2/85.............. £875.10s.0d

Retire with 1 June 1860, one year

full interest......2/85.............. £875.10s.0d

Six years half interest, 1/85th each

at £437.15.0........................ £2626.10s.0d

£4,377.10s.0d

This interest I now propose to transfer into the hands of Her
Majesty's Government for the sum of £3,500 in Money.

7. If Her Majesty's Government decline to accord me in this
assistance & protection from loss, I have no alternative than,
with heartfelt thanks for past favours, to tender my respectful
resignation, & to request I may be relieved in the Offices I
now hold under the Government so soon as may be convenient.

8. For further information I beg to forward the Copy of the
Letter which I have addressed to the Directors of the Hudson Bay
Company upon the subject.



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FILE: 1859-05-04_Douglas_to_Lytton_B59149.txt
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No. 149, Military

I have the honor to acknowledge your Despatch of the 4th
February No 141 and I received with pleasure your approval of
the measures I adopted in sending the detachment of Royal Engineers
under Captain Grant to Fort Langley without delay, and also your
approval of the other proceedings mentioned in my Despatch No 34.



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FILE: 1859-05-04_Hamilton_to_Merivale_Permanent_Under-Secretary_V595TE02.txt
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Hamilton to Merivale (Permanent Under-Secretary)

In reply to Mr Elliot's Letter of the 29th Ultimo, Enclosing Copies
of a Correspondence which has passed relative to the erection of
Lighthouses in Fucas Straits, and the Approaches to Esquimalt
Harbour, Vancouver's Island; I am directed by the Lords Commissioners
of Her Majesty's Treasury to acquaint you, for the information of Sir
E Bulwer Lytton, that my Lords approve of measures being taken for
sending out immediately from this country, the apparatus required for
the two Lighthouses proposed to be erected.

They also approve of the sum of seven thousand pounds (£7000) being
inserted in the Estimate for British Columbia, with the understanding
that one half of that sum will be hereafter repaid from Colonial
Funds, and that the Contribution from Imperial Funds towards the
erection of the Lighthouses will be limited to three thousand, five
hundred pounds (£3,500).

Their Lordships are of opinion that it would be inexpedient to place
any portion of this Charge upon the General Estimate for Lighthouses
abroad, and that it would be desirable to include it for the present,
with the other Items which are to be repaid wholly or in part, from
the Revenues of British Columbia, and Vancouver's Island.

Adverting to the excessive expenditure already incurred in the
attempt to erect a Lighthouse on the Basses Rocks

off the coast of
Ceylon—attributable in a great degree to the want of a proper and
clear understanding as to the Parties upon whom devolved the
responsibility of the Work—My Lords request that Sir EB Lytton will
make Governor Douglas fully aware that altho the Board of Trade will
readily afford any advice or information, and will send out from this
country the Lighting apparatus, they decline undertaking any
responsibility as to the selection of the site or the construction of
the Towers; and My Lords, in sanctioning the Estimate of £7,000,
trust that Sir EB Lytton will instruct Governor Douglas to consider
himself responsible for the adoption of proper means for selecting
the site, and having the construction of the Work properly superintended.



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FILE: 1859-05-05_Carnarvon_Parliamentary_Under-Secretary_to_Douglas_B597061.txt
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No. 61

I have laid before the Queen your despatch No 93 of the 5th of
February, expressing the desire that the name of the future Capital of
British Columbia should be selected by the Queen.

I am commanded to acquaint you that Her Majesty has been graciously pleased to decide that the Capital of British Columbia shall be called
New Westminster.

You will therefore designate the City by that name, and will
announce by Proclamation Her Majesty's decision to the inhabitants of
the Colony.



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FILE: 1859-05-06_Reep_to_Lytton_B595MI15.txt
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Reep to Lytton

I am requested by the Directors of this Company to acquaint
you that this Company have made arrangements in conjunction with
the Panama Railroad Company, and the United States Pacific Mail
Steamship Company, (the Steamers of which latter Company leave
Panama every fortnight for British Columbia,) for the through
conveyance, upon advantageous terms, of Passengers via the West
Indies to British Columbia.

I am to add that should you have occasion to order Officers
and others to proceed to that Colony, the Company can accordingly
provide them with Passages from Southampton to Colon, (Isthmus
of Panama,) by the Contract Mail Packets leaving Southampton on
the 2nd and 17th of each month, from Colon, by means of
the Railroad to Panama, and from that place to British Columbia
by the Steamers of the United States Pacific Mail Steam Ship Company.



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FILE: 1859-05-07_Carnarvon_Parliamentary_Under-Secretary_to_Douglas_B597062.txt
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No. 62

I have had before me your despatch, No 104, of the 19th of
February, with a copy of a Proclamation which you had issued for
regulating the disposal of the Crown Lands in British Columbia.

You will since have learned from my despatch No 16 of the 7th
of February last, the principles which it appeared to me desirable to
follow on this subject. I am glad to perceive that the same views have
very much prevailed in preparing the rules which you have announced, and
I have no objection to their general tenor.

I trust, however, that on the receipt of my former despatch you may
have been led to reconsider the question of deferring payment of one
moiety of the purchase money for two years. If ten shillings an acre
be a higher price than can be reasonably expected to be paid in cash, on
which point I should be quite prepared to defer to such judgment as you
may form, I cannot but think that a smaller price with prompt payment
would be preferable to incurring the numerous difficulties which
invariably surround the attempt to enforce payment by instalments.

Under the present rules, if payment of the second moiety should be
resisted, it would be extremely difficult to eject persons who by the
very conditions of the case would have been in occupation of their lands
for a period of two years. And again, if some of the land-owners do pay
their obligation, whilst others do not, a grievance arises out of the
distinction. For these reasons and for others adverted to in my
previous despatch, I shall still be glad that you should give this
provision your reconsideration as to future sales. The terms of sales
already effected cannot of course be altered.

The proposed reservation of one fourth of the lots in the proposed
Capital for sale in the United Kingdom and the British Colonies appears
to me decidedly objectionable. It can be of no use except to stimulate
the acquisition of property by non-residents. This is one of the worst
evils to which a new community is liable. The lots are bought by
speculators who hold them on a chance of a rise in value, with the
effect in the meanwhile of obstructing the progress of the Town,
interrupting its communications, and creating a nuisance to the holders
of adjoining lots. This provision should be rescinded; and if there be
any places either in the United Kingdom, or in other Colonies, in which
you have already empowered any Agents to sell specific lots, you should
immediately recall those powers, but recognising of course any sales
effected before the receipt of such revocation.



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FILE: 1859-05-07_Murdoch_and_Rogers_to_Merivale_Permanent_Under-Secretary_V595LN04.txt
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Murdoch and Rogers to Merivale (Permanent Under-Secretary)

We have to acknowledge your letter of 28th ultimo, enclosing a further
letter from the Hudson's Bay Company on the subject of their claim to
be reimbursed the expenses incurred in searching for Coal at Fort Rupert in Vancouvers Island.

2. In our Report of 26th March last we pointed out, that this
claim must depend upon the question whether, if this mine had
succeeded, it was the intention of the Company to sell or Lease it to
themselves, or in any way to hold or work it for their own
advantage—or whether the proceeds would have been carried to the
public Revenue, the Company receiving no more than the percentage
allowed them by the Grant of 19th January 1849. This question
having been put to the Company they reply, that they cannot bring
evidence of an intention to carry the proceeds of the mine to the
public account because as no proceeds were ever accrued the question
never arose, nor do they explicitly state that any such intention
existed. But they allege that the search for coal was undertaken as
a means of promoting Colonization—that it had the effect of adding a
number of Miners and other Emigrants to the population—and,
therefore, that if they have no strictly legal right, they have an
equitable claim to the liberal consideration of H.M. Government.
They add that the Coal Mine at Nanaimo has hitherto been
unremunerative.

3. The claim then being abandoned as a matter of right it only
remains to be considered whether there are sufficient grounds in
equity to require or justify its admission.
This as it appears to us, must depend on the question whether the
Company were bound in their capacity of owners and Governors of the
Colony to find employment for Emigrants after their arrival in the
Colony, and whether it was judicious to send out a class of Laborers
for whom employment at their own occupation could be found only upon
works undertaken by the Company. It appears to us that the answer to
this question must be in the negative. The object of the Crown in
handing over the colonization of Van Couvers Island to the Company
was that it should be settled by a self supporting population, and
the Company acting for the Crown were bound to regulate their
selection of immigrants with reference to that object. If, as
appears to have been the case, they introduced immigrants of a
particular class and fitted only for a special description of labor,
which they alone could provide, it must be inferred that they did so
with a view to their operations as a Commerical Company, not to their
obligations as Colonizers and owners of the Island. And considering
that they had already an unremunerative Coal Mine at Nanaimo and that
there was no reasonable prospect of any immediate increase in the
demand for Coal we can hardly think that the introduction of so large
a number of Miners was judicious.

4. Upon the whole, therefore, we are compelled to express our
opinion that the Hudsons Bay Company are not entitled in equity to be
repaid the amount claimed on account of the works at Fort Rupert.



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FILE: 1859-05-07_Romaine_to_Merivale_Permanent_Under-Secretary_B595AD20.txt
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Romaine to Merivale (Permanent Under-Secretary)

The Persons named on the other side hereof, having
been entertained on board Her Majesty's Ship Plumper, on
the occasions and between the dates stated against their
names; I am commanded by My Lords Commissioners of the
Admiralty to request that you will move Secretary Sir E.B.
Lytton to cause me to be informed, whether the Expense of
the Entertainment is to be borne by the Public.



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FILE: 1859-05-08_Douglas_to_Lytton_B59150.txt
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No. 150

1. The latest advices from British Columbia, report
satisfactorily as to the peace and good order which reigns
in the colony; the confidence of the people in its auriferous
wealth, notwithstanding occasional fits of panic is unbounded;
but there is a general outcry for better roads into the interior,
the difficulty of access still forming the great impediment to
the development of its mineral resources.

2. The cost of transport enhances the price of food, and
of all other necessaries of life, from Lytton upwards; to an
extent which absorbs nearly the whole of the miners earnings,
large as they occasionally are. The production of food by the
cultivation of the soil in the mining districts and the
improvement of the Harrison river route into a waggon road,
and otherwise opening the great commercial thoroughfares of
the country, are measures of relief to which I have urgently
directed the attention of the commissioner of Lands and Works.

3. The extensive plains on the "Pitt," "Sumas," and
"Chilwhayook" Rivers, are to be hurriedly surveyed, and thrown
into 80 acre sections for immediate occupation for the purpose
of raising food and retaining a permanent population in the country.

4. Sales of town land are soon to take place at Queensborough,
Forts Yale, Hope and Port Douglas, which I trust will bring in a
considerable amount of Revenue.

5. The Customs House Receipts for the last fortnight, amount
to something over £773, Sterling, and will rapidly increase with
the growth and expansion of the country.

6. The Mining Districts yield hardly Revenue enough to pay
their own police expenses, in consequence of the difficulty of
collecting the License Fee on Miners, who will pay no tax except
through the force of compulsion.

7. We must, I think, adopt some other system of taxation
pressing less directly upon the individual miner. The Miners
right, and the export duty on gold; features of the Australian
system, recommend themselves from the ease and simplicity of their
collection, and having already the machinery and staff required
for that purpose. The state of the country is however hardly
ripe as yet, for the imposition of an export duty on gold, but
the day is probably not far distant when the gold will be
exchanged in the Country and exported in large quantities by
Banking and Commercial Houses, when the difficulty of collecting
the duty will cease.

8. Many reasons induce me to try another plan which under firm
management would I think work well. By remodelling the whole system
of mining regulations in British Columbia and instead of levying
mining fees which would, in that case, be abolished, I would propose
to treat the gold fields simply as crown land, and letting it out
in large or small allotments, on leases, at a fixed rent, to any
persons disposed to work the soil. The revenue would thus be
derived from a land rent, and not be levied under the name of an
obnoxious tax, and tenants would be ejected at will on their
failure to pay the stipulated rent.

I will have more I hope to communicate on those subjects by
the next mail.

9. Captain Richards is now engaged in Her Majesty's Surveying
Ship "Plumper", in making a survey of the lower part of Fraser's
River, and Lieut Mayne has been detached to make a reconnaisance
of the river to the Fountain, with instructions to return by
Harrison River for the same purpose, I anticipate much valuable
information from the report of that officer, which I will forward
to you when received.

The numbers of the Victoria Gazette mentioned in the margin
*
are herewith forwarded.



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FILE: 1859-05-09_Douglas_to_Lytton_B59151.txt
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No. 151, Military Expenses

I have the honor to enclose to you herewith the Copy of a
Letter addressed to me by Colonel Moody, commanding the Troops in
British Columbia, representing that in consequence of the loss of
the "Briseis", it would be necessary for him to take immediate
measures to meet the difficulty arising from the loss of the Houses,
Storehouses, and Stores which were destroyed with that Vessel, and
that the Sum of Five Thousand Pounds will be required for the Service.

2. In consequence thereof I have instructed the Treasurer to
endeavour to provide the necessary Funds, by Bills upon the Imperial
Treasury.

3. The Bills shall be duly advised to Her Majesty's Paymaster
General whenever they may be negociated.



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FILE: 1859-05-10_Douglas_to_Lytton_B59152.txt
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No. 152

I have the honor to acknowledge the receipt upon this
date, of your Despatches of the numbers and Dates as
particularized on the other side hereof.

*



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FILE: 1859-05-10_Hamilton_to_Merivale_Permanent_Under-Secretary_B595TE13.txt
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Hamilton to Merivale (Permanent Under-Secretary)

With reference to Mr Elliot's Letter of the 25th
Ult., enclosing copies of a Correspondence between the Colonial
Office and the War Department, upon the subject of the mode of
replacing the stores lost in the "Briseis," which were intended
for the use of the Royal Engineer Force in British Columbia, I
am directed by the Lords Commissoners of Her Majesty's Treasury
to request that you will state to Sir E. Bulwer Lytton that My
Lords regret the expense and loss which has been incurred with
respect to the stores for British Columbia, but They do not
consider that there are sufficient grounds for requiring the War
Department to defray this Expense, neither could the amount be
recovered from the Funds of the Colony.

It appears to My Lords that the only course will be to
provide for the cost of the stores lost, in the vote to be
submitted to Parliament, for British Columbia, adding to the
Estimate an explanation of the cause of this charge upon Imperial Funds.



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FILE: 1859-05-10_Romaine_to_Merivale_Permanent_Under-Secretary_B595AD21.txt
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Romaine to Merivale (Permanent Under-Secretary)

I am commanded by my Lords Commissioners of the Admiralty
to send you herewith, for the information of Her Majesty's
Secretary of State for the Colonies, a Copy of a Letter from
Captain De Courcy of HM Ship Plylades, dated the 27th March,
reporting on the state of affairs in Vancouver's Island and
British Columbia.



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FILE: 1859-05-10_Romaine_to_Merivale_Permanent_Under-Secretary_B595AD22.txt
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Romaine to Merivale (Permanent Under-Secretary)

Having laid before my Lords Commissioners of the
Admiralty your letter of the 26th January last,
with its enclosures from the Governor of British Columbia,
on the Subject of the establishment of a Sea Port Town
for that Colony, on which Secretary Sir Edward Lytton
wished to receive any observations which my Lords might
have to offer on this important matter; I am commanded
by their Lordships to acquaint you for the information of
Sir E. Lytton that if Vancouver's Island be included, there
is no doubt but that Esquimalt is the best harbour in
the vicinity of the Colony of British Columbia, and that
in its shores would be the site for a Sea Port Town.
The Harbour is easy of access, it has sufficient depth of
water for the largest Ships, ample space, good shelter,
fresh water, a large supply of Timber fit for Ships Masts
and Ship building, and every requisite for a harbour, either
Naval or Mercantile; and from its natural advantages must be
eventually one of the great Sea Ports of this part of the West.

Vancouver Island however is not at present within the
Limits of the Colony of British Columbia; and if a site for
a sea port town within those limits is required my Lords
are not aware (until a more extended survey is made) that a
better can be found, in the southern part of the Colony,
than on the Frazer River, at the spot pointed out by Governor
Douglas, just above Annacis Island of the charts, on
the North bank of the Stream, at about 14 Nautical Miles
within the Sand Heads, and ten miles below Fort Langley.
It is here that the riding ground begins, the river is 400
yards broad, or wider and deeper than the Thames at
London Bridge; the shore is bold, suitable for wharves and
quays for vessels to lie alongside; and Ships with a
fair wind might reach so far without difficulty under
sail. The site is well-placed, locally, in a Military
point of view, and it has the river between it and the
boundary line. It is however not far from the frontier.

The channel with the river, as far as is yet known,
is rather tortuous; it is reputed to have a depth of 18
feet at low water, with a six feet ride of tide, and it is
not exposed to any very heavy sea. When Captain Richards
in Her Majesty's Ship Plumper can find time to examine the
bar, and buoy off the channel, it may prove to be better.

Should this site be adopted, it would be absolutely
necessary to station a pilot vessel at the entrance of the
river, which should also be fitted to serve as a Light
Ship by night, and should sound a gong or ring a bell in foggy weather.

With respect to a site for a sea port town in the
same Northern portion of the Colony, it would be
better that this question be postponed until Captain
Richards has had an opportunity of examining the
Coast. There are numerous inlets, but at present the
information is so limited that it could be unwise
to hazard a conjecture as to the next best site.



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FILE: 1859-05-11_Carnarvon_Parliamentary_Under-Secretary_to_Douglas_B597063.txt
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No. 63

I have received your despatches No 76 of the 15th of January,
and No 90 of the 4th of February, on the subject of the erection of
Lighthouses in Fucas Straits and the approaches to Esquimalt Harbor.

I transmit for your information and guidance the copies of a
correspondence which has passed between the Admiralty, the Board of
Trade, the Treasury and this Department on the subject.

You will perceive that the expense of the construction of the two
Lighthouses suggested by Captain Richards has been estimated by Captian Sulivan of the Board of Trade at Seven thousand pounds (£7,000), and in
compliance with my recommendation the Lords Commissioners of the Trasury
have consented to advance this sum on condition that one moiety of it
shall be repaid by the Colonies of Vancouver's Island and British
Columbia jointly.

The Board of Trade have been requested to send out immediately from
this Country the necessary apparatus and to give you any advice or
information in their power, and the Lords Commissioners of the Admiralty
have been requested to instruct the Naval Officers on the spot to give
you every assistance by their advice or otherwise to facilitate the
work. But you will distinctly understand that the responsibility
of the selection of proper sites and of the superintendence of the
works rests with yourself, and I need not impress upon you the necessity
of promptness and energy in carrying out an undertaking which is
calculated so materially to promote the commercial progress of the two
Colonies under your Government.

With regard to the repayment by British Columbia and Vancouver's
Island to the Imperial Treasury of the Moiety of the advance of Seven
thousand pounds (£7000), I must leave it to you to decide the
proportion of that
sum which it would be equitable that each Colony should contribute, but
I must instruct you that this debt should be repaid within the earliest
practicable period.



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FILE: 1859-05-11_Carnarvon_Parliamentary_Under-Secretary_to_Douglas_V597063.txt
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No. 63

I have received your despatches No. 76 of the 15th of January,
and No. 90 of the 4th of February, on the subject of the erection of
Lighthouses in Fucas Straits and the approaches to Esquimalt Harbor.

I transmit for your information and guidance the copies of a
correspondence which has passed between the Admiralty, the Board of
Trade, the Treasury and this Department on the subject.

You will perceive that the expense of the construction of the two
Lighthouses suggested by Captain Richards has been estimated by Captian Sulivan of the Board of Trade at Seven thousand pounds (£7,000), and in
compliance with my recommendation the Lords Commissioners of the Trasury
have consented to advance this sum on condition that one moiety of it
shall be repaid by the Colonies of Vancouver's Island and British
Columbia jointly.

The Board of Trade have been requested to send out immediately from
this Country the necessary apparatus and to give you any advice or
information in their power, and the Lords Commissioners of the Admiralty
have been requested to instruct the Naval Officers on the spot to give
you every assistance by their advice or otherwise to facilitate the
work. But you will distinctly understand that the responsibility of the
works rests with yourself, and I need not impress upon you the necessity
of promptness and energy in carrying out an undertaking which is
calculated so materially to promote the commercial progress of the two
Colonies under your Government.

With regard to the repayment by British Columbia and Vancouver's
Island to the Imperial Treasury of the Moiety of the advance of Seven
thousand pounds, I must leave it to you to decide the proportion of that
sum which it would be equitable that each Colony should contribute, but
I must instruct you that this debt should be repaid within the earliest
practicable period.



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FILE: 1859-05-11_Hamilton_to_Merivale_Permanent_Under-Secretary_B595TE14.txt
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Hamilton to Merivale (Permanent Under-Secretary)

I am directed by the Lords Commissioners of Her Majesty's
Treasury to transmit to you, for the information of Sir E.B.
Lytton, the enclosed Copy of a Letter, addressed to the
Paymaster General, by the Governor of British Columbia, advising
Bills to the amount of £1.250, on account of the Requisitions
of the Officer commanding the Troops in that Colony; and I am
to acquaint you that the Paymaster General has been authorized
to accept and pay these Bills, charging the same, for the present,
to the Treasury Chest Account.



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FILE: 1859-05-11_Hammond_to_Merivale_Permanent_Under-Secretary_V595FO05.txt
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Hammond to Merivale (Permanent Under-Secretary)

With reference to my letter of the 13th ultimo I am directed by the
Earl of Malmesbury to transmit to you, to be laid before Secretary
Sir Edward Bulwer Lytton the accompanying Copy of a further Despatch
from Her Majesty's Minister at Washington, relating to Governor
Douglas' claim on the Authorities of Washington Territory.



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FILE: 1859-05-12_Douglas_to_Lytton_B59153.txt
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No. 153

I have the honor to acknowledge the receipt of your Despatch
of the 11th February No. 20 referring to the sale of Town Lots
at Langley and conveying to me your approval of my proceedings in
that matter.

2. I have perused with much attention your remarks upon the
subject of aliens acquiring Land, and I return you my best thanks
for the same and for your kindness in furnishing me with the
Canadian Acts, which will prove of great service, in legislating
for that Class in British Columbia.

3. With reference to your remarks respecting the position of
the Town I would beg to state that I was guided in choosing old
Langley as the site of a commercial Town chiefly by the partiality
displayed for that spot by the Mercantile community of the Country
*
whose instincts in such matters, is generally unerring.

4. The place moreover possesses great natural advantages
for trade being accessible by land from Semiamhoo, having deep
water, a bold shore and good anchorage. The land is also clear
of trees, and was surveyed at a very small expense, and therefore
perfectly suiting our pecuniary means.

5. The operation on our part was a financial measure rather
than one founded on any cogent reason of policy. The locality
was popular, and the land realized a larger return of revenue than
any other spot on the river would have done. You will doubtless
have perceived from my Despatch No 9, 5th November last that I
never proposed constituting Langley the Sea Port Town of
Frasers River, for which purpose it would not in my opinion have
been adapted owing to the obstructions caused by Ice in the Winter
and its greater distance from the sea than the proposed Port of
Entry, Queensborough.



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FILE: 1859-05-14_Carnarvon_Parliamentary_Under-Secretary_to_Douglas_B597064.txt
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No. 64

I have to acknowledge the receipt of your Despatch,
No 123, of the 25th
of March last, containing an account of the progress of British
Columbia since the date of your last general Report, and enclosing a
letter from Mr Downie stating the result of explorations which he
had carried on under your sanction in Jarvis Inlet and Desolation Sound.



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FILE: 1859-05-14_Carnarvon_Parliamentary_Under-Secretary_to_Douglas_B597064A.txt
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Confidential

I transmit to you herewith for your information the copy of a
despatch from Her Majesty's Minister at Washington reporting the result
of a negociation which has been initiated by Her Majesty's Government
with a view to procure the admission of British Shipping to the coasting
trade of the United States.



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FILE: 1859-05-14_Carnarvon_Parliamentary_Under-Secretary_to_Douglas_V597064.txt
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Confidential

I transmit to you herewith for your information the copy of a
despatch from Her Majesty's Minister at Washington reporting the result
of a negociation which has been initiated by Her Majesty's Government
with a view to procure the admission of British Shipping to the coasting
trade of the United States.



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FILE: 1859-05-14_Douglas_to_Lytton_B59154.txt
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No. 154

By an unexpected conveyance which is on the eve of departure,
I beg to communicate to you the latest intelligence I have received
from British Columbia.

2. In a letter addressed to the Collector of Customs at
Victoria by a Mr G.B. Wright, a respectable Merchant, and dated
at Bridge River, April 2nd, some specimens of native Copper,
quartz and gold are enclosed, and Mr Wright states that the reports
at that time from the upper Country are of very rich, but shallow
diggings; that large quantities of gold were then being taken from
the Wars, and that a great many of the sluicing companies who have
permanent Diggings were commencing work, and also that men were
continuing to rush forward to the upper Fraser in large numbers.

3. I forward herewith the latest numbers of the Victoria Gazette.

*



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FILE: 1859-05-14_Hamilton_to_Merivale_Permanent_Under-Secretary_B595TE15.txt
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Hamilton to Merivale (Permanent Under-Secretary)

With reference to your letter of the 10th Inst.,
I am commanded by the Lords Commissioners of Her Majesty's
Treasury to acquaint you for the information of the Secretary
of State that the Paymaster General has been authorized to
accept and pay bills drawn by the Governor of British Columbia
through the Colonial Treasurer for the further sum of £1270
making a total of £2520.



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FILE: 1859-05-16_Carnarvon_Parliamentary_Under-Secretary_to_Douglas_B597065.txt
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No. 65

I have to acknowledge the receipt of your despatch No 112 of
the 10th of March last, acquainting me that you had been under the
necessity
of drawing upon Her Majesty's Government for the sum of £2,520 towards
defraying the expenses of the Royal Engineers in British Columbia.

I have also received your despatches Nos 113 and 124 of the
15th and 26th of March giving the particulars of the Bills you
have drawn on this account.

In compliance with my request the Lord Commissoners of the Treasury
have consented to add this sum of £2,520 to the account of advances in
aid of British Columbia to be repaid by the colony, and have authorized the Paymaster General to accept your Bills to that amount.



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No. 17

I have the honor of transmitting herewith for the information of
Her Majestys Government copies of my correspondence with the
House of Assembly of Vancouver Island up to the 7th day of May
inclusive.

2. By a resolution passed on the 4th instant the House
expresses its disapproval of the erection of certain Buildings
pressingly required for the Public offices of the Colony because
the Measure had "not been brought before the people for their
consent". The reasons which induced me to undertake the erection
of those buildings without consulting the House are given at
some length in my message of the 7th instant and will I trust
meet with your approval.



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FILE: 1859-05-16_Haliburton_to_Lytton_B595MI16.txt
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Haliburton to Lytton

On behalf of the Canada Agency Association, I have the honor
to submit to the consideration of Her Majesty's Government, the
following proposal, with a view to expedite and facilitate the
Sale of Lands in British Columbia, and Vancouver Island, on its
reversion to the Crown, and thus to promote the general improvement
of that Settlement, and the development of its great natural resources.

The proposal is this: that Her Majesty's Government should
appoint the Canada Agency Association their Sole Agent for the
Sale of Lands in British Columbia and Vancouver Island, at an
upset price to be fixed by Her Majesty's Government.

In order more readily to negociate the sale of Lands, as
contemplated in this proposal, it is submitted that all Maps,
Surveys, Reports and other Official information respecting the
Soil, Climate and Capabilities of the Settlement, should be
placed by Her Majesty's Government at the service of the
Association, in order that those who intend to become Settlers,
or Purchasers, may receive from the Association, as ample
and trustworthy information as they could derive from Her
Majesty's Government, which would thus be relieved from the
burden, responsibility, and expense, as well of supplying
the preliminary information, as of conducting the subsequent
negociations: both which duties would be undertaken by the
Association, as Agent for Her Majesty's Government, within
limits defined by Government itself.

And it is proposed, that the Sale of Lands should be
negociated either in England, or in British Columbia: in the
latter case, the Sales would be conducted by an Agent, appointed
by the Association, but subject to the approval of Her
Majesty's Government.

It is submitted, that the Association should receive a
Commission on all Sales effected by them. The remuneration
thus given to the Association would be in exact proportion
to the work done by them: and which they venture to assume is,
on National grounds, work of a very important and interesting
character.

The Association are the more encouraged to submit this
Proposal to the favorable Consideration of Her Majesty's
Government, as they have reason to believe that the subject of
affording increased facilities of Communication between the
Canadas and British Columbia has been already brought under the
notice of Her Majesty's Government: and it is obvious that
the opening of such a communication, as well as the making of
Roads within the Settlement cannot fail to exercise a very
beneficial and permanent influence on the fortunes of
British Columbia.

The Association, on whose behalf I venture to address you,
believe that the Proposal, of which the above are the outlines,
is capable of being so moulded, as to confer great benefits both
on the Mother Country, and the Settlement: and subject to such
modifications, and improvements, as may be suggested by a more
lengthened experience, and larger views than their own, they
beg to submit their proposal to the consideration of Her
Majesty's Government.



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FILE: 1859-05-16_Rothery_to_Under-Secretary_of_State_B595AD23.txt
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Rothery to Under-Secretary of State

With reference to my letters of the 31st of December
last transmitting the Letters Patent for the Vice Admiral
and Judge of the Vice Admiralty Court of British Columbia,
I beg to send you herewith five copies of the Rules and
Regulations and of the Table of Fees for the use of the
Officers of that Court.



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Itter to Lytton

Having received a letter from a relative in Vancouvers Island
(Mr Monat of the Hudsons Bay Companys service) informing me that
there are Vacancies to be filled up, in the Treasury, at that place;
I beg to offer myself as a Candidate, for a Clerkship in the same; I
am married, and my age is 29 and having a great desire to settle in
that Colony, should deem myself extremely fortunate if I were
successful in obtaining that, or a similar situation. The Security
that might be required, would be furnished by Mr Monat who is one of
the oldest residents in the Island. I am well acquainted with all
business and Commercial matters and can produce most unexceptional
References, and Testimonials as to Respectability, and Integrity &c.
Should my application meet with your kind attention, my very best
endeavours should be given to the duties of my position.



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No. 66

With reference to my despatch No 2 of the 6th of January last,
I transmit to you five copies of the Rules and regulations and Table of
Fees for the Use of the Officers of the Vice Admiralty Court in the
Colony under your Government.



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FILE: 1859-05-20_Berens_to_Lytton_V595HB08.txt
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Berens to Lytton

I have the honor to transmit to you herewith, a copy of a letter
addressed by the Revd Edward Cridge, Colonial Chaplain of
Vancouver's Island to Governor Douglas and transmitted by the latter
to us in the event of our having any instructions to give on the
subject.

As the grant of Vancouver's Island has been withdrawn from the
Hudson's Bay Company, the question of the renewal of Mr Cridge's
engagement which is about to expire is one which rests, not with the
Company, but with Her Majesty's Government. I however consider it
right, in justice to Mr Cridge who has always given satisfaction to
the Company in his Ministerial capacity to forward a Copy of his
Memorial for your consideration.



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No. 67

I have to acknowledge the receipt of your Despatch No 114 of the
14th of March on the subject of the policy to be observed towards the
Indian Tribes, and containing your opinion as to the feasibility of
locating the Indians in Native Villages with a view to their protection
and civilization.

I am glad to find that your sentiments respecting the treatment of
the Native races are so much in accordance with my own, and I trust that
your endeavors to conciliate and promote the welfare of the Indians will
be followed by all persons whom circumstances may bring into contact
with them. But whilst making ample provision, under the arrangements
proposed, for the future sustenance and improvement of the Indian
Tribes, you will I am persuaded bear in mind the importance of
exercising due care in laying out and defining the several reserves so as to avoid checking at a future day the progress of the White Colonists.



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FILE: 1859-05-20_Carnarvon_Parliamentary_Under-Secretary_to_Douglas_V597067.txt
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No. 67

I have to acknowledge the receipt of your [BC] Despatch No. 114
of the
14th of March on the subject of the policy to be observed towards
the Indian Tribes, and containing your opinion as to the feasibility of
locating the Indians in Native Villages with a view to their protection
and civilization.

I am glad to find that your sentiments respecting the treatment of
the Native races are so much in accordance with my own, and I trust that
your endeavors to conciliate and promote the welfare of the Indians will
be followed by all persons whom circumstances may bring into contact
with them. But whilst making ample provision, under the arrangements
proposed, for the future sustenance and improvement of the Indian Tribes, you will I am persuaded bear in mind the importance of
exercising due care in laying out and defining the several reserves so
as to avoid checking at a future day the progress of the White Colonists.



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No. 155

I have duly received your Despatch of the 24th February
No 24, referring to a Report made direct to the Secretary of
State for the Colonies by Mr Begbie the Judge of British
Columbia upon his arrival at Vancouver's Island.

2. In compliance with your instructions I have informed Mr
Begbie of the irregularity of this proceeding and have communicated
to him the other matters touched upon in your Despatch.



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No. 68

With reference to my despatch No 38 of the 24th of March last, respecting the position in British Columbia of the Revd W.B. Crickmer I transmit for your information the Copy of a letter I have received from the Bishop of London on this subject, and of one also from the Bishop of British Columbia. I have nothing to add to my previous despatch on this matter.



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FILE: 1859-05-21_Hamilton_to_Merivale_Permanent_Under-Secretary_B595TE17.txt
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Hamilton to Merivale (Permanent Under-Secretary)

I am commanded by the Lords Commissioners of Her
Majesty's Treasury to acquaint you that the Paymaster General
has been authorized to pay to his account for Naval Services
the sum of £36.18.0 for the expenses of entertainment of
Col. Moody R.E. Lt. Governor of British Columbia on board
H.M.S. "Plumper" from the 23rd to the 28th January 1859.



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No. 69

With reference to my despatch No 55 of the 25th of April last
respecting the repayment of the sums advanced by you to the authorities
of Washington Territory, I transmit to you herewith the copy of a
further despatch from Her Majesty's Minister at Washington with its
enclosures on the subject.



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No. 69

With reference to my despatch No. 55 of the 25th of April last
respecting the repayment of the sums advanced by you to the authorities
of Washington Territory, I transmit to you herewith the copy of a
further despatch from Her Majesty's Minister at Washington with its
enclosures on the subject.



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FILE: 1859-05-23_Carnarvon_Parliamentary_Under-Secretary_to_Douglas_B597070.txt
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No. 70

I have to acknowledge the receipt of your private letter of the
10th February in which you represent the inadequacy of the salary
assigned to the Office of Governor of British Columbia.

The frankness with which you have explained yourself in a matter of
personal concern, and of much delicacy is fully appreciated by me. It
relieves me of the embarrassment which often attends communications upon
such subjects, and enables me to address you with corresponding candor.

It is impossible for me to question for a moment the statements you
make as to the expenses unavoidably devolving upon you as the Governor
of Vancouver's Island and British Columbia, nor the present extreme
dearness of every necessary of life in those Colonies. I yield,
therefore, to the conviction that your emoluments have been fixed at too
low a rate, and I am prepared to sanction an addition to your salary of
One thousand two hundred pounds (£1,200) out of the local receipts of
the current year provided that the Revenue of British Columbia amounts
in the aggregate to not less than fifty thousand pounds (£50,000). The
numerous despatches which I have addressed to you explaining the
impossibility of imposing on this Country any of the charges of
Government for a Colony which has been forced into existence by its gold
discoveries relieve me of the task of repeating that I cannot depart
from the principle by which, in this respect, I have been guided from
the outset. You will, accordingly, distinctly understand that whilst I
am happy to meet your wishes to the extent above named the addition in
question can only be made out of Colonial resources, and on the
condition stated.



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FILE: 1859-05-23_Douglas_to_Lytton_B59156.txt
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No. 156

I have duly received your Despatch of the 7th February No 16.

2. I observe with much satisfaction that the system of Land
sales, which we proposed to continue in Vancouver's Island and to
introduce into British Columbia, has generally met with your
approval. With regard to your suggestion that an upset price,
lower than one pound (£1) per acre for ordinary country Land should
be adopted provided that good practical reasons for such a course
should exist I would remark that during the completion of our
arrangements for the sale of Land, it did occur to me that a
lower upset price than before proposed, would probably promote
the settlement of the Country, which might otherwise be retarded
owing to the low rate of land in the adjacent territories of the
United States: for these and other reasons the upset price was
fixed by the Proclamation of the 14th February last at ten
shillings (£0.10.0) an acre as stated in my Despatch No 104 of the
19th February last. It is also very gratifying to observe that we
have fallen into your views in making one general upset price
for the Land, and in adopting the system of sale by Auction.
Conceiving as we did that the interests of the Public would be
subserved by that more than by any other mode of sale and that
perfect confidence would be established in the purity of the Land Sales.

3. The only material point on which we diverged from your own
views was in not requiring prompt payment for land, and in
permitting payment by instalments say one half on delivery, and
one half at the end of 2 years.

4. The object of this regulation was to facilitate the purchase
of Land by settlers with small capital, who form the bulk of the
present intending settlers in British Columbia. This system is
undoubtedly open to the serious objections so forcibly stated in
your Despatch, but we think it would not be advisable to alter it
at present, nor until the settlement of the country is advancing
favourably, and the public revenue begins to feel the influence
described from the progressive expansion of the resources of the
country, and through the increase of the Customs duties, and by
direct imports on property, and on a population of profitable
consumers well capable of paying taxes.

5. The system of prompt payment might however be adopted,
after the partial settlement of the country. When land acquires
more than a nominal value, and becomes in a manner a convertible
commodity.

6. Country land will be arranged as you propose, in lots
containing aliquot sections of a square mile, and Town Lands will
be laid out as at present in Lots of 60 by 120 feet. The latter are
put up for sale at Twenty pounds ten shillings, and eight pence
(£20.10.8), and some of the unimproved Langley Town Lots sold at a rate
amounting to Five hundred and sixty pounds (£560) per acre.

7. We shall continue to deal with mineral Lands in the manner,
of which you have approved and shall establish such liberal
regulations as may encourage the exploration of the Country by
letting out the said Lands to the Discoverer.

8. I feel greatly obliged for the information you have kindly
given me of the practise in other colonies in such cases which
will be of much assistance to me.

9. We propose to abolish the system of licenses for digging
Gold which at present barely pays the expense of collecting and
to substitute an export duty on Gold, and a direct tax on miners,
from both of which measures we expect to derive a large increase
of revenue.

10. Surveys are being extended to all the open districts of
Land on Fraser's river so that the Country may be laid out for
immediate settlement and occupation.

11. I shall not fail to furnish Her Majesty's Government with
copies of all maps and plans which we may prepare and which I trust
may be found useful in awakening an interest in the public mind
respecting these Colonies.



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No. 157

I have the honor to forward to you herewith the Copy of a
Letter addressed to me by Captain W.D. Gosset, the Treasurer,
and Mr W. Hamley, the Collector of Customs, of British Columbia,
forcibly representing the utter inadequacy of their Salaries to enable
them to maintain even a show of respectability in the Country.

2. I already have had the honor to bring to your notice the
relative value of Salaries here and in England,

*

and have suggested
the rate which I considered was but a fair remuneration for the
principle Officers of the Government. I would now earnestly beg
you to adopt some measures which may place those Officers in a
position suitable to the responsibilities devolving upon them.
With the present rate

**

of Salary they cannot live independently as
Gentlemen without running into debt, and if they do not live as
gentlemen their status as public Officers and in Society is lost.

3. I would most respectfully submit that such a state of
things should not be permitted to exist. It is in the first place
unworthy of the high standing of our Country, and in the second
place it is the means of weakening if not obliterating the
prestige of the local government.

4. Under such circumstances I feel sure you will pardon me
in pressing the matter upon you, and I sincerely hope you will
see the necessity of revising the present scale of Salaries.

5. Indeed so urgent do I consider the cases of the Treasurer
and the Collector of Customs that I am compelled to afford them
immediate relief to save them from debt, and therefore, until
the matter can be referred to you with a view to a suitable fixed
Salary being granted them, and to their being placed in a proper
position in this Colony as in others, I have, as a temporary
measure to relieve them merely from existing pressure, granted
an increase in the Salary of the Treasurer at the rate of £300
per Annum, and in that of the Collector of Customs of £200 per
Annum, on the provisional List.

6. I trust you may not disapprove of this measure. I have
the most earnest desire to exercise the most scrupulous economy in
the expenditure of the public money, but the case I have now
brought before you is one in which I could not justly refuse assistance.



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FILE: 1859-05-24_Carnarvon_Parliamentary_Under-Secretary_to_Douglas_B597071.txt
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No. 71

I have to acknowledge the receipt of your despatches No 9 of the
3d of November last, and
No 92 of the 4th of February, reporting the
site which you had selected on the banks of the Fraser River for the
Capital and Sea port of British Columbia.

I am glad to perceive that
both Colonel Moody and yourself agree in opinion that the locality you
have described is the one best adapted for the purpose. It appears to
have been judiciously selected, and I have to approve the steps you have
taken to survey and subdivide the site into building lots for sale.

I communicated your despatch to the Lords Commissioners of the
Admiralty and the Secretary of State for War, and I transmit to you, for
your information, the Copies of the letters which I have received from
those departments in answer. I have to call your attention to the
remarks offered by the Lords Commissioners of the Admiralty with regard
to the necessity for stationing a pilot vessel at the entrance of the
River, and to the selection of a port in the northern portion of the
Colony.



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No. 158

Having called upon Captain Gosset, the Treasurer of British Columbia, to furnish me with such information in connection with
the establishment of a Mint as he had been able to acquire previous
to his departure from England, I received from him the enclosed
Letter, which in compliance with his request I forward for your perusal.

2. The only point to which I would desire to draw your attention
is the allusion made by Captain Gosset to the inconvenience
experienced from the want of British Coin in this Country. This
is a serious evil and if Her Majesty's Government would entertain
the suggestion of sending out a supply of Coin, it would confer a
real benefit on the Colony.



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FILE: 1859-05-25_Douglas_to_Lytton_V59018.txt
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No. 18

The settlers in the Districts of East and West Saanitch having
entered complaints against certain of the Natives of that
quarter for shooting, and otherwise destroying, some five or six
head of their domestic cattle; I found it necessary for the
repression of such outrages to institute immediate proceedings
against the Natives Charged with those offences, and after some
difficulty and an abortive attempt on their part, at resistance,
which was promptly quelled by the Officers of Justice without any
more serious consequences than a bloodless affray, the parties
were taken into custody by Mr Sheriff Heaton, who displayed a
highly commendable degree of firmness, temper, and good judgment
on the occasion.

2. He was ably supported by Lieut. Cooper of the Supernumerary
Force of Royal Marines, who with several privates of the same
Corps, came forward very handsomely and volunteered for that
service.
*

3. Captain Hornby also proceeded at my request, to the scene of
action, with Her Majestys ship "Tribune", and though happily his
active interference was not needed, the very appearance of a
large military force in the vicinity of Saanitch, had a most
salutary effect on the minds of the Natives.

4. Two only of the Natives brought to trial were convicted of
the offences charged against them and they were sentenced
respectively to periods of 30 days imprisonment with hard labor
and as no offence could be proved against the others they were
all discharged to the great delight of their friends, who
expressed their unqualified wonder and satisfaction at the fair
and impartial treatment of their countrymen while on trial.

5. The Native tribes in this neighbourhood continue quiet and
well disposed though much excitement prevails among the
Cowitchen Tribes in consequence of a detailed Survey of the
Cowitchen Valley which is now being executed by the Colonial
Surveyor of Vancouver Island. There is therefore a general
belief among the "Cowitchens" that their lands are to be
immediately sold and occupied by white settlers, an impression
which it is difficult to remove and that gives rise to much
contention amongst themselves about the disposal of their lands;
one party being in favour of a surrender of a part of their
country for settlement; while another party comprising nearly
all the younger men of the Tribe strongly oppose that measure
and wish to retain possession of the whole country in their own
hands, and I anticipate much trouble in the adjustment of those
disputes before the land can be acquired for settlement.

6. The coast of Vancouvers Island has been lately visited by
large numbers of Savages from Queen Charlottes Island, the
Northern coasts of British Columbia, and Russian America, the
number of arrivals from those distant places, comprising 105
large canoes and about 1500 persons including women and children.

7. The presence in the settlement of these barbarians, is
troublesome and disagreable

though in smaller numbers, they might be useful to the white
settlers, who would find some mitigation of the evil in the
abundance of cheap labour thus provided for the Colony; as the
case is, their numbers far exceed the demand for labour, and
consequently the great majority can find no employment, and
become mischievous from the united effects of idleness and
poverty.

8. A serious affray occurred on the 14th instant, between the
Hyda's (Queen Charlotte Island Indians) and the Chimseyans (Fort Simpson people) at their encampment on the North side of
Victoria.
These tribes in their own country are at open war with each other,
and keep the peace while here, only from respect to our Laws; on
the occasion in question, their national animosity was
stimulated by a personal quarrel between two of their most
powerful chiefs. Both parties flew to arms and assailed each
other with the ferocity of tigers, and in a few minutes eight or
ten of the combatants were killed or wounded.

9. The further destruction of life was prevented by the timely
arrival of Mr Commissioner Pemberton with the Victoria Police,
who succeeded in putting an end to the affray and in dispersing
the excited crowd of combatants. A copy of the Report of his
proceedings on that occasion is herewith forwarded for your
information. His suggestion for disarming those Indians is a
wise precaution, but practically impossible.

10. I have in preference decided on removing them from the
Colony having already despatched on their return to Queen
Charlottes Island, about one fourth of the most dangerous of
their number, and I will in due time hereafter require the
others to take the same course.

11. I deeply regret however, that there are no means at my
disposal of affording them employment in the Colony, either in
making roads, or otherwise opening the country for settlement,
as it is hardly creditable to the civilization of the nineteenth
century, that so essential an element of wealth, as labour of
the cheapest description, should be, in a manner, banished
**
from the Colony.

12. It may also interest the Christian Philanthropist to learn
that the employment of Indians in any menial capacity produces
an immediate change in their general habits: In personal
cleanliness, sobriety, and application the improvement is
striking, while association with the followers of a better
system, softens and tempers the character of the whole man,
confirms the influence of civilization, and prepares their mind
for the reception of Christian knowledge; while a capacity for
labour so acquired, places them above want and in a favourable
position for procuring all the necessaries, suitable to their
condition in life.

13. Several hundred Indians might be employed to great
advantage in opening roads in British Columbia; and should the
Queensborough Land sales, which are to take place on the 1st
June next, prove as productive of revenue, as expected, I will
probably authorise the Chief Commissioner of Lands & Works

to raise a working corps of Indians for that purpose.



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FILE: 1859-05-25_Gosset_to_Blackwood_Senior_Clerk_B596G01.txt
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Gosset to Blackwood (Senior Clerk)

In January, I took the liberty of addressing you, in the hope
that you might be good enough to place my name before Sir E. Lytton,
as a candidate for the Colonial Secretaryship of British Columbia.

Hearing this day, that Mr Young (The Governors nephew who was
temporarily appointed after the date of my note to you), hesitates to
accept the post permanently, on account of your condition that he
should resign his Naval occupation, I again venture to request the
favor of your intercession in my behalf with the Secretary of State for
the Colonies—believing, as I honestly do, that after the excellent
instruction I derived from Sir Henry Ward, whose guest I was for
months at a time in Ceylon, in all subjects of Colonial Government,
I am aufait at the details & conversant with those general measures
for a Colony's development which would come under consideration.

As a matter of economy, as I stated to Mr Douglas on my
arrival, whilst the Colony's business continues so limited as at
present, as it promises to do for some time to come—the Lands &
Works Department having, it is said on account of Colonel Moody's
failing health, failed to commence roads or make surveys of
agricultural lands for desiring settlers, wanting which population
is on the decrease—I might transact both the Col. Secrys & the
Treasurer's duties, without fear of any undue pressure upon me,
accustomed as I have been, for nearly twenty years, to deal with
extensive organization & large Departments.

Could I produce Sir Henry Wards public impressions of my
business habits and successful aid in developing Ceylon, or two
complimentary letters he was good enough to write me, one when
expecting me back, the other on hearing of my non-return, I believe
they would exhibit such testimony of my fitness for the office I
venture to solicit as would weigh favorably with the Secretary of
State. It is with pride, not out of boast, that I refer to the
opinion of so able a man as Sir Henry Ward.

The Times Reporter, probably informs you of our doings, but
there is one point referring to these Colonies which seems scarcely
to engage sufficient attention either here or at home—Union of
British Columbia & Vancouver Island.

My own conviction is that great moral good & pecuniary
advantages would result from a Union of the two Colonies—much
injurious rivalry would be extinguished, and the administration of
Government would be simplified. Less than 100 miles apart as are the
chief towns of the respective Colonies, one set of Departments would
suffice for both, and of course at half the cost of the present
double arrangement. In our infancy, we cannot afford two staffs &
two Capitals, with the double set of buildings &c &c. Should the
Colonies thrive, separation a future day, may or may not be a
subject for consideration, but in the present struggle for an
existence, Union would be economy and strength.

I am aware that Vancouver, having been granted a constitution,
cannot be violently shorn of it and that Her Majesty's proclamation
promises a Union should the Vancouver Council petition for it. So
long however, as the present Assembly exists (elected some years
since chiefly by Hudson Bay Compy settlers) no hope can be
entertained of a Vote for Union. The dissolution of this House might
however, I venture to think be fairly
pressed upon the Governor; when a new Election would impart new
blood into the House & lead, first to a revision and extension of the
franchise & increase in the number of Representatives, next to
another election; when, with larger numbers & a greater diversity of
characters, more enlarged views might be expected, the first fruits
of which would probably be a Petition for Union. Such are not merely
my own convictions, but the opinion of the most intelligent merchants
& men of business here, men, thoroughly fit to exercise a vote, but
who are now excluded from the list of qualified persons, because of
not owning 20 acres of land, although possessing wharfs & stores
worth, 500 times the value of 20 acres of (perhaps uncultivable)
country land. Our Governor is a very long headed man, but I doubt
whether he has as yet contemplated a Union—at least he has
generally waived the subject when I have brought it on the table.
He showed great forethought last year in opening the Lillooet mule
trail—the execution, by reason of wanting proper officers was
rather a failure, but the idea was a sound one—were he not tied by
instructions not to interfere in Colonel Moodys operations he would
have had it converted into a cart way by this time & have saved the
Colony. I write in great haste for the mail expected hourly. Pray
excuse my ramble & Believe me



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FILE: 1859-05-26_Douglas_to_Lytton_B59159.txt
================================================================================

No. 159

I have the honor to acknowledge the receipt of your Despatch
No 28 of the 3rd of March last in which you have signified
your approval of Mr Young's appointment as Colonial Secretary
for British Columbia.

2. I was fortunate in having the opportunity of securing for
the Public service of the Colony, a gentleman so well known and
in all respects so highly qualified by his talents, experience,
and thoroughly practical acquaintance with the details of public
business. I know and appreciate the value of his services, and
therefore have the more regret in forwarding a communication from
Mr Young, in which you will observe he declines accepting the
appointment, not because he overlooks the high position offered
him, but simply for the reason that the proposed salary of five
hundred pounds (£500) per annum, which you alone authorize me to offer,
is altogether insufficient to maintain him in this expensive
Country, and really places him in a worse position than he now occupies.

3. Gentlemen of education and high character may probably
be found in England to accept Official appointments in this
Country at the present rates of Salary, which may there be
sufficient for their decent support, but they will not be long
in discovering that those sums are wholly inadequate to the support
of their social position in this country.

4. The Treasurer and Collector of Customs, have, as you will
observe by another communication transmitted by the present Mail,
both applied to me for relief, as they cannot live on their present
salaries a state of things which it must be admitted is at once
degrading and dangerous to the public service.

5. I will retain Mr Young in the service of the Government,
until a successor is appointed to relieve him, and if it were
possible, I should gladly retain his services altogether, as I
know his sterling worth and can work cordially with him.



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FILE: 1859-05-27_Douglas_to_Lytton_B59160.txt
================================================================================

No. 160

I have the honor to acknowledge the receipt upon this
date, of your Despatches of the numbers and dates as
particularized on the other side hereof.

*



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FILE: 1859-05-27_Hamilton_to_Carnarvon_Parliamentary_Under-Secretary_B595TE16.txt
================================================================================

Hamilton to Carnarvon (Parliamentary Under-Secretary)

With reference to your letter of the 14th Instant, I am
directed by the Lords Commissoners of Her Majesty's Treasury
to acquaint you, for the information of Secretary Sir E. Bulwer
Lytton, that My Lords think it desirable, before any Measures
are taken with a view to the Establishment of a Government Assay
and Mint in British Columbia, that the opinions of the local

*

Authorities on the subject, and the sufficiency of the local
Revenues to bear the cost, should be ascertained. My Lords are
not prepared to sanction any preliminary expense out of Imperial
funds for an object of uncertain advantage, and the first
principles of which have yet to be considered.

As Sir E.B. Lytton is aware, the only instance of the
institution of a Colonial Mint is afforded in the case of New
South Wales, and their Lordships think that the circumstances
which gave rise to the demand from that Colony and other Colonies
in Australia for the Establishment of local Mints, and the proceedings
consequent thereon, may be referred to with advantage, in order to
ascertain how far the precedent justified the hope entertained by Sir
E.B. Lytton of the success of a similar experiment in British Columbia.

The discoveries of gold fields in New South Wales afford an
example of a new source of mineral wealth having been suddenly
opened amidst communities already far advanced in wealth and
commerce, and possessing the advantages of a sound currency and
established Banking institutions owing to the scattered condition
of a great portion of the people in agricultural pursuits, and the
adaptation of the Banking System to their wants, the greater part
of the payments arising in trade were discharged by means of
checks or the transfer of book audits, and there was perhaps no
community in which so small an amount of circulating medium was
employed in proportion to its trade and population.

This State of things was at once changed by the gold
discoveries, which drew together a large portion of the population
and effected a complete revolution in their habits and pursuits.

A great immigration followed, and an active retail trade
sprang up which could only be carried on by means of a larger
circulation of coins or notes.

At that time, the metallic circulation of

**

Australia consisted solely of British Money. Public and Mercantile
Accounts were kept as they are still in the denominations of that Money;
and the necessary supplies of specie were obtained, as they
were required, by Moderate exports from this Country, chiefly
through the Agency of the Banks.

The Country, therefore, in which an extraordinary demand
had suddenly arisen for a large additional quantity of coin
was far removed from its sources of supply, and the phenomenon
was exhibited of a course of exchange which encouraged large
shipments of Gold Sovereigns from England to Australia at the
same time when gold bullion was imported thence in great
quantity. The effect practically was that the gold dust was
sent from Australia to the British Mint for coinage, causing
great loss of time and the cost of a double voyage. During
the interval which ensued, between the discoveries of gold and
the receipt of the Coin transmitted hence, the Colonies were
driven to great shifts for the maintenance of a temporary
circulating Medium. The Banks were empowered either by tacit
agreement or regulation to issue promissory Notes against
bullion held by them: and this practice was reduced to system
in South Australia by the Establishment of a Government
Refinery and Assay, for stamping small ingots of Standard
Gold which were used as substitutes for Coin, and latterly
assumed its form and character.

The inconveniences arising from the transitory condition
of the circulation led to applications from New South Wales,
Victoria, and South Australia for the establishment of local
Mints in those Colonies, and after much consideration Her
Majesty's Government consented to a compliance with those
applications subject to regulations detailed in the Treasury
Minute of 22nd March 1853, and on condition that the
Colonies should bear the whole expense of the necessary
Machinery and Establishments, New South Wales having obtained
a start over the other Colonies by a remittence to this Country
of a sum to meet the preliminary Outlay, the Experiment was
Commenced by setting up a Mint at Sydney. The result has been
that the Institution has been found sufficient for the
requirements of all the Australasian Colonies, and has also
supplied gold coins for Ceylon and Mauritius. Victoria and
South Australia have allowed the question which they had raised
for the establishment of local Mints to drop, and My Lords are
under the impression that the Government Refinery and Assay
which had been established for a temporary purpose in the
latter Colony, has been abolished.

In effect it has been found from Experience that one
Mint is sufficient for the requirements of all the Eastern
Colonies excepting Hong Kong: and it may be observed, as
bearing on one of the arguments used by Sir E.B. Lytton in
favor of the Establishment of a Mint in British Columbia,
that the Colony of Victoria in which the system of an export
duty of gold was first instituted, has not found it necessary
to establish a local Mint for the purpose of facilitating the
Collection of a Revenue from that source.

It will be seen from this statement that the circumstances
of British Columbia are entirely different from those which
led to the successful Establishment of a Mint at Sydney: indeed,
except in the fact of both being Gold producing Colonies, there
are no points of resemblance in their condition. It does not
appear that there is any want of coin in British Columbia,
and if the community can readily obtain their supplies of coin
from the United States, My Lords consider it doubtful whether
a local Mint in the Colony could compete successfully with
the Established Mints of the adjoining Country.

If this supposition be correct, the utility of the proposed
Mint would be confined to that anticipated by Sir E.B. Lytton
of restraining the diggers from leaving the Colony with their
produce for the purpose of disposing of it in California.
My Lords are not apprized of the source of the information
obtained by Sir E.B. Lytton on this point,

***

but from the despatch enclosed in your Letter, Their Lordships would
have inferred that this departure of the Miners might have been
ascribed to the severity of the weather,

****

which suspended their operations
and may have induced them to go with their produce to a
Country where they could find not only a better market but a
more genial climate.

Allowing, however, that there may be an evil in the present
state of things which it is desirable and possible to remove or
mitigate, My Lords confess that they are not satisfied that the
Establishment of a Mint would produce the effect which is desired.
It is clear that in order to obtain a return for the gold it must
be exported in some shape. My Lords apprehend that in the present
state of communications with Columbia, California affords the only
available or at least the most convenient market for this purpose.
The Californian dealers who buy the gold in the colony no doubt
strive to obtain the highest profit that they can by their operations,
but from the large amount of gold purchased and exported by them,
My Lords would infer that, in the main, the percentage charged by
them is not excessive. If it be, the correction will no doubt be
found in private enterprize and competition. It cannot be for
the interest of the dealers to drive away miners from the Colony
and thus diminish production.

The Assay and Mint, for the object in view would afford no
other facility to the Miner than that of enabling him to ascertain
at a regulated charge, the intrinsive value of his Treasure, and of
getting it converted into a form convenient for exchange. But a
very important question here arises which is not touched upon in
Your Lordship's letter. Of what form and of what standard should
the proposed Coinage consist?

In the case of Australia there was no question on this point.
The currency of the Colonies in that part of the world was British
and the coin required was one corresponding in weight and fineness
with the British Gold Sovereign. But in the North American Colonies
the case, as Sir E.B. Lytton is aware, is very different. In
Canada and New Brunswick the Currency has been made to conform to
that of the United States and My Lords apprehend that it is based
principally on the gold coins of that Country, though British
Coins are a legal tender at specified rates. In the other Colonies
the Currency is mixed and the money of Account is peculiar
to each: but United States gold coins enter largely into the
circulation of all. The efforts of Her Majesty's Government to
obtain the concurrence of those Colonies in any uniform System
of Currency were unavailing: and if it be proposed to establish
a Mint in British Columbia for their general convenience, My Lords
apprehend that there would be no less difficulty in bringing them
to an agreement regarding the description of coinage that would be
best adapted to their requirements.

In these circumstances it would be necessary to decide whether
it would be expedient to make Coins to be issued from the proposed
Mint conformable to those of this Country or to those of the
United States.

In either case it is doubtful whether they would find ready
Currency beyond the limits of British Columbia.

The Standard of fineness moreover of the Coins of the two
Countries differs: that of Great Britain being 11/12ths
and that of the United States 9/10ths fine. Independently
of the denomination of the Coin, therefore, it would be necessary
to decide which standard would be preferable for the object in view.

In answer to the enquiry of Sir E.B. Lytton regarding the cost
of establishing a Mint, My Lords have to observe that that must
depend on the character and extent of the Machinery set up. They
observe that when arrangements for establishing a Mint at Sydney
were under discussion, the Master of the Mint furnished two
Estimates one for a small Mint to be worked by animal power, the cost
of which would have been about £10000. The other for larger
Machinery worked by Steam, the cost of which was estimated at
£30,000. The total Cost incurred at Sydney for the Refinery
and Mint buildings and Machinery was more that £40,000.



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FILE: 1859-05-27_Murdoch_and_Rogers_to_Merivale_Permanent_Under-Secretary_B595LN09.txt
================================================================================

Murdoch and Rogers to Merivale (Permanent Under-Secretary)

We have to acknowledge Mr Elliots letter of 25th
instant, enclosing an application from Mr Halliburton, on
behalf of the "Canada Agency Association Limited," to be
appointed Agents for the Sale of all Crown Lands in the
Colonies of British Columbia and VanCouvers Island.

2. The Association propose that they should be appointed
sole Agents for the Sale of Land in British Columbia & Van
Couvers Island at an upset price to be fixed by Government,
that they should be furnished with all Maps, Surveys and
Official information on the subject for the use of intending
Emigrants, that they should appoint an Agent to conduct
Sales for them in the Colony, and that, as their remuneration,
they should receive a commission on all Sales effected by them.
The advantages to the public of such an arrangement are not
very clearly stated, but it is implied that it would
"expedite & facilitate the Sale of Land," and it is pointed
out that it would relieve H.M. Government from the burden,
responsibility and expense of supplying information and
conducting subsequent negociations. Allusion is also made to
the proposed establishment of communication between Canada
and British Columbia, but it is not stated, and is not easy
to see, in what way this bears on the subject.

3. In Mr Elliots letter it is pointed out that the
plan of selling in this Country the public Lands of B.
Columbia has been disallowed. This decision is of course
conclusive as to so much of the present application as
relates to the Sale of Land by the Association itself.
All that remains, therefore, to be considered is the
proposal that the sale of Land in the Colony should be
transferred from the Governor and his subordinate Officers
to an Agent appointed by the Association. The mere
statement of this proposal seems a sufficient answer to it.
On what ground could H.M. Government transfer from their
own responsible Officers to the Agent of an irresponsible
and unknown trading Company one of the most important
functions of Government? It could not be said that a
Trading Company is better fitted for the discharge of
such duties, or that they would act in a purer or more
disinterested manner, or that their operations would
conciliate more public confidence, or that they would be
conducted with greater economy. In all these respects
it may be safely asserted that the management of the Land
Department by the Crown would be better and more satisfactory
than by a Company, and even the saving of trouble and
responsibility to the Government, which is the only
inducement put forward by the Company, is a delusion, for
the Government could not divest itself of responsibility
for the Acts of the body to whom it had entrusted its own duties,
though it might have divested itself of the power to control them.

4. It is of course obvious that the Association
would not have proposed such an arrangement unless they had
expected to make money by it, and it must be borne in mind
that every shilling they received would be so much taken from
the Colonial Revenue. It may also be assumed that the
Association, keeping their commercial interests in view,
would sell land not with reference to the requirements of
the public or the interests of the Colony, but with
reference to their own Commission & profits, that such a state
of things would produce resentment, complaint and resistance
is too natural to be doubted, and the Local Government, in
addition to its necessary difficulties, would be called on
to protect a monopoly which they could not approve and over
whose proceedings they could exercise no authority. It is
not easy to conceive a more embarrassing position in which
to place it.

5. Upon the whole we cannot recommend a compliance
with this proposal. We are unable to conjecture any public
advantage, though we can foresee much public damage, which
would result from it. We do not know who are the members
of the Association nor do we think it necessary to enquire,
although if there were any chances of the proposal being
entertained that is a point which would require consideration.



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FILE: 1859-05-28_Godley_to_Under-Secretary_of_State_V595WA02.txt
================================================================================

Godley to Under-Secretary of State

I am directed by Secretary Major General Peel to transmit to you the
enclosed Transfer Certificate of the pensioner named in the margin,

*

who it appears has removed from Canada to Vancouver's Island, and to
request that you will move the Secretary of State for the Colonies to
issue the necessary instructions for the payment of this Non
Commissioned Officer's pension, through the Colonial Authorities,
from the date specified in the Certificate.



================================================================================
FILE: 1859-05-31_Douglas_to_Lytton_B59161.txt
================================================================================

No. 161

With reference to your Despatch of the 16th November 1858,
No 42, transmitting the copy of a Letter, dated the 12th October
1858, from the Deputy Governor of the Hudsons Bay Company, together
with your reply thereto, respecting the possession of land occupied
by that Company in British Columbia previous to the recent
immigration of Gold Miners, I have now the honor to address you
upon the subject, in compliance with the instructions contained in
your Despatch.

2. You inform me that for want of information as to the extent
of the Territory which would be included in the claim of the Company,
and the relation which in parts of British Columbia it may bear to
the Gold Fields, you were not prepared to return a definite answer
to the request of the Company, and also that in estimating the extent
of their claim you were disposed to draw a considerable distinction
between Land which has been subjected to cultivation or has involved
outlay on the part of the Company, or, which is necessary to the
maintenance of their existing Stock or Establishment, and Land which
has served the more occasional purpose of affording pasturage to
herds or beasts of burden.

3. You therefore instruct me to inform you as accurately as
I can of the extent and character of the land claimed by the Hudson's
Bay Company around their Forts, and direct me to add any suggestions
which my experience and local knowledge may enable me to furnish.

4. You at the same time impress upon me that it is the wish
of Her Majesty's Government to take a liberal view of the claims
of the Company, consistently of course with what is due to the
public interests of the Colony, and that wherever a fair title to
property can be made out by them, Her Majesty's Government are
ready to afford their support and countenance for the protection
of that property.

5. On the receipt of your Despatch I called upon the Agents
of the Hudson's Bay Company to furnish me with a statement of the
Lands occupied by them previous to the recent immigration of
Miners into British Columbia, and I received a communication
from the President and Council of Chief Factors and Traders,
dated Victoria 16 February 1859, declaring the position and extent
of their land claims. A copy of this communication is herewith
transmitted for your information.

6. I also forward herewith a tabular statement of those claims,
shewing, with reference to your instructions, the conditions under
which the land is held, that is to say if

I. It has involved outlay

II. It has been brought into cultivation, or

III. Was necessary for the maintenance of existing stock

and establishment, or

IV. Had served for occasional pasture.

This Document will probably supply, though in a general manner,
the information under those several heads which you directed me to
furnish.

7. The lands thus claimed have no connection with the Gold
fields; none is used for gold mining, nor is any part of the land
known to be auriferous.

8. I observe from the letter of the Deputy Governor before
referred to, that it is the desire of the Hudson's Bay Company to
have the extent of their possessions defined before the influx of
population into British Columbia, and further that the Company
found a Title to the lands occupied by their Establishments in
British Columbia on the Treaty of 1846, wherein Her Majesty's
Government, as well as the Government of the United States, have
recognized the Title of the Company to land in Oregon.

9. I conceive that the Hudson's Bay Company have strong claims
to be regarded with favourable consideration by Her Majesty's
Government upon the following grounds:

First The Country west of the Rocky Mountains was previous
to the Company's occupation held by Foreigners. The Company
succeeded, but not without great exertion and heavy expense, in
gaining possession and holding it for Great Britain.

Secondly The Company have incurred a heavy pecuniary loss
through the revocation of their exclusive rights of Trade in
British Columbia nearly Twelve months before the legal termination
of the License under which they enjoyed the privilege. I am
not entirely considering the losses which must naturally have
resulted from the interruption to the ordinary pursuits of the
Company, but, more particularly, the losses which it has been
represented to me they have sustained from special causes
connected with and dependent upon their position in the Country.
For example, viewing their rights of Trade in the Country as
exclusive, the Company justly conceived that Her Majesty's
Government would hold them morally responsible for the safety of
the Mining population, and on that supposition, to my own knowledge,
they made prodigious efforts, and spared no expense, even when
prices ruled high, in laying in large stocks of food to meet the
probable demand. In consequence of the opening of the Trade these
supplies have been left on hand, only a few days ago I was informed
on the most creditable authority that the actual loss incurred
merely through the subsequent fall of prices was upwards of Fifteen
Thousand Pounds!

Thirdly There is another point which I would bring before
Her Majesty's Government in connection with the consideration of
these claims. The Government of the United States have not
confirmed the right of the Hudson's Bay Company to the lands in
Oregon, and will doubtless watch with interest the action of Her
Majesty's Government with regard to the claims of the Company in
British Columbia, drawing a parallel between the two cases, and
readily adopting the course pursued by Her Majesty's Government
if unfavourable to the admission of any equitable right of Title.

10. The lands claimed by the Company in British Columbia, with
the exception of the Posts on the lower parts of Fraser's River,
are not of any extraordinary value for the purposes of settlement;
and moreover, they are at so great a distance from the Sea that
years will probably elapse before they can be settled. Taking
these circumstances into consideration it does not, therefore,
appear that the public interests of the Colony will be seriously
affected by a recognition of the Company's claims, and such
recognition would, undoubtedly, be regarded as a graceful act of
justice on the part of Her Majesty's Government.

11. I have availed myself of the presence of Colonel Moody to
consult with him upon the various points in connection with the
Company's claims, and I forward herewith for your information, as
directed by your Despatch No. 42, of the 16th November last,
the written report upon the subject which I have received from that
Officer.

12. It will be seen that Colonel Moody is in favor of
recognizing the
general principle of the Company's
claims; but proposes that the land at Langley and Fort Hope should be
curtailed in extent, and an equivalent given at other places on Fraser's River, a proposal to which I should not think the Company would
be inclined to object.

13. Until Her Majesty's Government arrive at a decision upon
the matter, we shall respect the lands claimed by the Hudson's Bay
Company, and will not make any sale or transfer within their
limits, and it is therefore important that an immediate settlement
be effected, as well upon that account, as for the prevention of
the difficulties and complaints that, otherwise, will be of
constant occurrence.



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FILE: 1859-05-31_Hamilton_to_Merivale_Permanent_Under-Secretary_B595TE18.txt
================================================================================

Hamilton to Merivale (Permanent Under-Secretary)

Adverting to your letter of the 14th Instant, I am
desired by the Lords Commissoners of Her Majesty's Treasury
to transmit, for the information of Secretary Sir E.B. Lytton,
the enclosed copy of a letter from Messrs Benson & Co,
relative to the offer made by the North West Navigation and
Railway Company of Canada to establish a postal service with
British Columbia.

In consequence of that communication a deputation on
behalf of the Company attended at this office, and had an
interview with one of My Lords Secretaries, and it appeared,
from the statements made on that occasion; that it was the
opinion of the Deputation that the contemplated Mail Service
from San Francisco to British Columbia, for which Tenders
are about to be invited, would entirely preclude all hope of
success in Establishing the route through the British North
American territory, which it is the object of the Company to open.

Sir E.B. Lytton is aware that it was determined to
invite Tenders for the Service from San Francisco, in
consequence of the overtures made by Mr Stamp of British
Columbia, whose proposals were submitted to this Board by the
Colonial Office, accompanied by strong recommendations in
his favor from the Lieutenant Governor of the Colony.

My Lords, under the impression that the course indicated
by the proposal of Mr Stamp, offered the best and earliest
means of Establishing the desired communication—and that the
question involved in the offer of the North Western Navigation
and Railway Company of Canada was one which more immediately
concerned Colonial Interests, and could not be treated as a
mere postal arrangement—thought it desirable to postpone the
consideration of the latter proposal, until they had ascertained
the wishes and feelings of the Canadian Government in the
matter, and to endeavour, without delay, to establish an
effective postal Communication with British Columbia.

They have accordingly taken steps for procuring tenders
for this purpose.

Before, however, My Lords issue final instructions for
this purpose, they would be glad to hear the views which Sir E.B. Lytton
entertains on the subject: because, although My Lords
cannot but see great difficulties in the way of assisting, in
the manner asked for, such a scheme as that which this Company
brings forward, yet, looking to it's undoubted importance, to
Imperial not less than Colonial interests, My Lords
would regret extremely to take any step which would have
the effect of putting an end to it, without the most mature
consideration.



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FILE: 1859-06-01_Carnarvon_Parliamentary_Under-Secretary_to_Douglas_B597072.txt
================================================================================

No. 72

I have to acknowledge the receipt of your despatch No 11 of the
8th April transmitting an Address from the House of Assembly of
Van Couvers Island, praying that Her Majesty's Government would send
Commissioners to the Island to investigate the affairs of the Colony
before releasing the Hudson's Bay Company from their responsible
Government.

I have to request that you will state to the House of Assembly that
I am unable to entertain the prayer of their address, and if necessary
to take any steps upon it, until I shall be made acquainted with the
specific grounds on which it is preferred, and with the nature of the
evidence which would be submitted to such Commissioners on the several
questions which the Assembly consider to demand investigation.



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FILE: 1859-06-01_Carnarvon_Parliamentary_Under-Secretary_to_Douglas_V597072.txt
================================================================================

No. 72

I have to acknowledge the receipt of your despatch No. 11 of the
8th April transmitting an Address from the House of Assembly of
Vancouvers Island, praying that Her Majesty's Government would send
Commissioners to the Island to investigate the affairs of the Colony
before releasing the Hudson's Bay Company from their responsible
Government.

I have to request that you will state to the House of Assembly that
I am unable to entertain the prayer of their address and if necessary to
take any steps upon it, until I shall be made acquainted with the
specific grounds on which it is preferred, and with the nature of the
evidence which would be submitted to such Commissioners on the several
questions which the Assembly consider to demand investigation.



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FILE: 1859-06-02_Carnarvon_Parliamentary_Under-Secretary_to_Douglas_B597073.txt
================================================================================

No. 73

I transmit to you herewith the Copy of a letter from the Hudson's
Bay Company and of the answer which I have caused to be returned to it
respecting the employment of the Reverend Edward Cridge as Chaplain in
Vancouver's Island. I have to request that you will submit to the
decision of the Legislature of the Island, the proposal of Mr Cridge
to enter into a fresh agreement to act in this capacity.



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FILE: 1859-06-02_Carnarvon_Parliamentary_Under-Secretary_to_Douglas_B597074.txt
================================================================================

No. 74

I transmit to you herewith at the request of the Secretary of State
for War the Transfer Certificate of the Military Pensioner named in the
Margin, *who has removed from Canada to Vancouver's Island, and I have to request that you will give directions for the payment to Serjeant Calder of his
pension, from the date specified in the Certificate.



================================================================================
FILE: 1859-06-02_Carnarvon_Parliamentary_Under-Secretary_to_Douglas_V597073.txt
================================================================================

No. 73

I transmit to you herewith the Copy of a letter from the Hudson's
Bay Company and of the answer which I have caused to be returned to it
respecting the employment of the Reverend Edward Cridge as Chaplain in
Vancouver's Island. I have to request that you will submit to the
decisions of the Legislature of the Island, the proposal of Mr
Cridge to enter into a fresh agreement to act in this capacity.



================================================================================
FILE: 1859-06-02_Carnarvon_Parliamentary_Under-Secretary_to_Douglas_V597074.txt
================================================================================

No. 74

I transmit to you herewith at the request of the Secretary of State
for War the Transfer Certificate of the Military Pensioner named in the
Margin

*

who has removed from Canada to Vancouver's Island, and I have to request
that you will give directions for the payment to Serjeant Calder of his
pension, from the date specified in the Certificate.



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FILE: 1859-06-02_Douglas_to_Lytton_B59161CO.txt
================================================================================

Confidential

I duly received your Confidential Despatch of the 24th
March last, upon the subject of the appointment of Mr James
Cooper as Harbour Master at Esquimalt for British Columbia,
and acquainting me that you consider the faith of the Government
is pledged to the appointment of Cooper to an office of the
value promised.

I feel sure that you cannot have anticipated that any
action of mine would designedly compromise the faith of Her
Majesty's Government, or that I should willingly hesitate in
carrying out any instructions they might see fit to issue to
me. Mr Cooper was, in accordance with your intention and
direction, appointed Harbour Master at Esquimalt upon his
arrival here. He has since resided at that place and has been
in the receipt of the Salary attached to the office.

I cannot however conceal from you the fact that there is
nothing what ever in connection with British Columbia for Mr
Cooper to do at Esquimalt, and it is difficult, if not
impracticable to connect his services with any office in
British Columbia for which he is fitted, unless he occasionally
resides in that Colony. I have proposed such a course to Mr
Cooper, but he declined to accept any appointment which would
require him to leave Esquimalt. He therefore now remains in
that place in the position of Harbour Master receiving a Salary
of Four Hundred pounds per annum out of the Revenue of British Columbia.



================================================================================
FILE: 1859-06-02_Douglas_to_Lytton_V59020CO.txt
================================================================================

Confidential

I duly received your Confidential Despatch of the 24h March
last, upon the subject of the appointment of Mr James Cooper as
Harbour Master at Esquimalt for British Columbia, and
acquainting me that you consider the faith of the Government is
pledged to the appointment of Mr Cooper to an office of the
value promised.

I feel sure that you cannot have anticipated that any action of
mine would designedly compromise the faith of Her Majesty's
Government, or that I should willingly hesitate in carrying out
any instructions they might see fit to issue to me. Mr Cooper
was, in accordance with your intention and direction, appointed
Harbour Master at Esquimalt upon his arrival here. He has since
resided at that place, and has been in the receipt of the Salary
attached to the Office.

3. I cannot however conceal from you the fact that there is
nothing whatever in connection with British Columbia for Mr
Cooper to do at Esquimalt, and it is difficult, if not
impracticable, to connect his Services with any office in
British Columbia for which he is fitted,
unless he occasionally resides in that Colony. I have proposed
such a course to Mr Cooper, but he declined to accept any
appointment which would require him to leave Esquimalt. He,
therefore, now remains at that place in the position of Harbour
Master receiving a Salary of Four Hundred pounds per annum out
of the Revenues of British Columbia.



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FILE: 1859-06-02_Hammond_to_Merivale_Permanent_Under-Secretary_V595FO06.txt
================================================================================

Hammond to Merivale (Permanent Under-Secretary)

I am directed by the Earl of Malmesbury to transmit to you, to be
laid before Secretary Sir E.B. Lytton, a copy of a despatch from Lord
Lyons, inclosing a copy of a Note which, in accordance with Lord
Malmesbury's instructions as communicated to you in my letter of the
25th of April, he has addressed to General Cass respecting the
encroachments of American Citizens on the Island of San Juan.



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FILE: 1859-06-03_Carnarvon_Parliamentary_Under-Secretary_to_Douglas_B597075.txt
================================================================================

No. 75

I have to acknowledge the receipt of your Despatch,
No 136, of the 12th
April last, containing further reports on the general state of
British Columbia and forwarding for my inspection a nugget of Gold which
had been recently found at Bridge River.

I beg to thank you for your attention in sending me this
interesting specimen of the metallic produce, of the new Colony.



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FILE: 1859-06-03_Macfie_to_Colonial_Office_B596M01.txt
================================================================================

Macfie to Colonial Office

May I beg that you will favour me with an idea of the proportion
of
English and Scotch Emigrants (1) in Vancouver's island and (2) in
British Columbia, according to the most recent accounts?
It will be sufficient for my purpose to have a rough guess. I
may say that I am urgently in want of the information, and should
feel obliged by a reply at your Earliest Convenience.

Hoping it may be in your power to meet my wishes,



================================================================================
FILE: 1859-06-04_Carnarvon_Parliamentary_Under-Secretary_to_Douglas_B597076.txt
================================================================================

No. 76

I have to acknowledge your Despatch No 129, of the
11th of April
last, respecting the construction of the Route by Harrison's River, and
I have to express my satisfaction that you have been able to pay from
the Revenues of the Colony, the entire cost of this undertaking.



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FILE: 1859-06-04_Douglas_to_Lytton_B59162.txt
================================================================================

No. 162

I have the honor to acknowledge the receipt of your Despatch
No 30 of the 10th March acquainting me that the Lords Commissioners
of the Admiralty, have at the recommendation of Rear Admiral Baynes,
given orders for two Gun Boats to be fitted for service in British
Columbia.

2. I have received this intelligence with extreme satisfaction,
as these vessels will be exceedingly useful to the Colony.



================================================================================
FILE: 1859-06-04_Douglas_to_Lytton_B59163.txt
================================================================================

No. 163

I have duly received your Despatch No 29 of the 10th
March informing me of the appointment of Mr George Cary as
Attorney General in British Columbia.

2. I have to inform you in reference thereto that Mr Cary
arrived safely in Victoria a few days since.

3. I have observed with due attention that the salary of
the office will be Four Hundred pounds per annum, with a contingent
promise of increase, and that he will be permitted to enjoy private
practise, and that should the future Legislature of the Colony
consider the permission of private practice under the circumstances
of the Colony, inexpedient, Her Majesty's Government will require
that some addition should be made to the present Salary.



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FILE: 1859-06-04_Douglas_to_Lytton_B59164.txt
================================================================================

No. 164

I have the honor to acknowledge the receipt of your Despatch
No 27 of the 26th February, informing me that the Lords
Commissioners of the Admiralty, had instructed the Chief of the
Meteorological Department to furnish me with a supply of forms
of tables, to enable me to establish a system of Meteorological
observations in British Columbia.

2. I have duly received the same, and have to return my
sincere thanks for your kind attention to my request.



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FILE: 1859-06-06_Douglas_to_Lytton_B59165.txt
================================================================================

No. 165

The sale of building Lots at the new Town of Queensborough,
took place on the 1st and 2nd of the present month at Victoria.

2. The result has proved most satisfactory as a financial
operation, and indicates a general confidence in the future of the
Colony.

3. The actual amount of sales was rather over Eighty-nine
thousand dollars ($89,000)
on which a deposit of 25 per cent was made on the
purchase, the remaining balance to be paid in three equal instalments
on the first day of July, August, and September next respectively.

4. Three hundred and eighteen lots were offered for sale, and
Three hundred and ten were sold. One hundred and Ten Lots are
reserved for future sale. The largest sum realized for a single
lot was One Thousand Nine Hundred and Twenty Five Dollars ($1925)
and the average price of the Lots sold was nearly Two Hundred and
Ninety dollars ($290).

5. The accompanying statement, from the Department of Lands
and Works, is transmitted for your information. It distinguishes
the actual sums of money received and due, on the Sale from the
amounts already paid on Langley Titles, which were transferred to
Queensborough under the provisions of the Proclamation of 14th
Feby last. It is not impossible that this concession, led in
some manner to the high prices obtained for the Queensborough lots.



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FILE: 1859-06-06_Douglas_to_Lytton_B59166.txt
================================================================================

No. 166, Military Expenses

Colonel Moody, Commanding the Troops in British Columbia,
having made requisition upon me for the sum of about Five
Thousand Two Hundred Pounds,
*
to meet the amounts of Colonial
Pay due to the Officers and Men of the Royal Engineers from the
1st September 1858 to the 31st May 1859, and also for the
Sum of One Thousand Two Hundred pounds to liquidate the amounts
due for working pay to the Force of Royal Marines serving in the
Colony, I have the honor to acquaint you that the Funds of the
Colony not being able to bear this demand upon them, I have been
obliged to direct the Treasurer to procure the Money by Bills
of Exchange upon Her Majesty's Paymaster General, and due notice
shall be rendered to that Officer of the negotiation of the Bills.



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FILE: 1859-06-06_Douglas_to_Lytton_V59019.txt
================================================================================

No. 19

I regret much to have to report to you that certain
irregularities and apparent frauds have recently been discovered
in the Custom House at Victoria, in consequence of which I have
deemed it my duty to suspend Mr Charles A. Anderson, the
Collector, from any further exercise of the functions of his
office, until a searching investigation has taken place into the
whole matter. For this purpose I have appointed a Commission
consisting of Judge Begbie, and Captain Gosset, the Treasurer of
British Columbia, and as soon as their Report is received it
shall be transmitted to you without delay.

3. As you are doubtless aware, it has been the practice
hitherto to collect the duties for British Columbia at the
Custom House at Victoria, and shortly after the arrival at this
place of Mr Hamley, the Collector of Customs for British
Columbia, I, in consequence of the arrangements for the
collection of the duties at Queensborough not being complete,
directed him to undertake and continue the collection at
Victoria. The Books were in consequence transferred to him, and
almost immediately his suspicions were awakened by the discovery
of some very glaring errors in the Permit Book, and a closer
investigation soon showed the general state of inaccuracy in
which the Books had been kept and that in numerous cases wrong
entries had been made, and in some cases the permits issued and
the duties charged on them were not brought to account.

4. It appearing that the monies were generally received and the
entries made by a Mr C.A. Angelo, one of the Clerks in the
Department, and suspicion attaching strongly to him, proceedings
were immediately commenced against him, conducted by Mr Pearkes
the Crown Solicitor, aided by Mr Carey the Attorney General.
The case was resumed to-day, and resulted in an adjournment
until this day week, for the production of further evidence.

5. The amount of deficiencies so far as investigation has gone
at present is about Eight Hundred Dollars.

6. It does not appear that Mr Anderson, the Collector, is in
any way connected with the supposed frauds, but his negligence
in the conduct and supervision of his Department is so great and
so unpardonable, that I fear it will be utterly out of my power
to recommend that he should be re-instated in his office.



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FILE: 1859-06-07_Godley_to_Merivale_Permanent_Under-Secretary_B595WA10.txt
================================================================================

Godley to Merivale (Permanent Under-Secretary)

I am directed by Secretary Major General Peel to refer
to a Letter addressed to you by this Department on 2nd
March last, reporting a Claim for £12,143.4.0 on Account
of Stores &c supplied for Service of Royal Engineers proceeding
to British Columbia; and to request that you will cause the
above Amount to be transferred in the Books of the Paymaster
General to the Credit of this Department.



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FILE: 1859-06-08_Douglas_to_Lytton_B59167.txt
================================================================================

No. 167

Since my last Report, a number of miners originally from
California, have returned to Victoria, from the Upper Fraser
River. Many of these men have amassed large sums in Gold, the
majority of them have not however been so fortunate.

2. They assign various reasons for leaving the country,
some the high price of provisions, others, a desire to see their
friends and to spend a few months comfortably in California;
others the irregularity and shallowness of the diggings in the
Upper Fraser District, all however admit that any industrious
man can at any time make from Four to Five Dollars a day, but
owing to the high price of provisions, that sum will scarcely
maintain the miner in that part of the Country.

3. The cost of Transport from Victoria to Lytton is the real
cause of the high price of provisions.

4. The river steamers however have lately reduced their fares
and now make a reasonable charge for freight, probably not more
than is remunerative: The great impediment to the development of
the interior resources of the Country now arises from the want of
roads. British Columbia can never become great or prosperous
without them, and we propose devoting all our means and energies
in improving the Harrison River Road into a good waggon Road.

5. A Body of Royal Engineers and Royal Marines numbering
about one hundred men augmented by 30 civilian labourers will be
detached for that service, as soon as Lieutenant Palmer who is
now employed in surveying the road has completed his report.
*

6. The successful completion of this great enterprise will
open a safe, easy, and comparatively inexpensive route into the
interior of British Columbia and give facilities at present unknown
to the miner and merchant, for the development of its mineral
resources.

7. The people at Port Douglas have expressed their willingness
to aid either by their personal labour or by pecuniary contributions
in the important work, as however none of them are wealthy, their
contributions will not be great but their zeal for the progress
and prosperity of the country is encouraging to us and very
honorable to themselves.

8. Another road is now being opened from Ft Hope to Lytton
on the left bank of the River; It follows the Valley of the
Quiquinalla and from thence strikes Anderson River which it keeps
as far as Qua-yome from whence there is a good road to Lytton.
This route was discovered and explored by an inhabitant of Ft
Hope and the people with great spirit immediately raised the sum
of Two Thousand Dollars ($2000)
among themselves for the purpose of opening
a horse-path, which is made nearly half the distance to Qua-yome:
Lieutenant Lempriere and two men of the Royal Engineers who were
lately sent by Colonel Moody to examine that line of road will
report upon it hereafter, and we propose giving further assistance
if requisite, to promote so useful a work.

9. Our latest advices from Ft Yale report that a number of
miners had arrived at that place from the upper country with
unfavorable reports of the Gold districts: on the other hand the
Commissioner at Lytton reports that the persons who have left that
part of the country, are a class that can well be spared, being
principally gamblers and idlers, who will not steadily follow any
avocation. The feeling against the mining License fee is very
general among the Miners and the tax is almost unproductive of revenue.
**

10. We are now engaged in remodelling the Mining Laws of
British Columbia so as to approximate them as nearly as
circumstances will permit to the Mining Laws of Australia.

11. We have issued the New Customs Act and the Alien Act
which I will shortly forward to you. A very interesting Report
from Mr Begbie, Judge in British Columbia is herewith forwarded
for your information.



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FILE: 1859-06-08_Douglas_to_Lytton_B59168.txt
================================================================================

No. 168

Referring to my Despatch No 133 of the 11th of April last,
in which I report having made arrangements for the removal of the
volunteer Force of Royal Marines arrived at Vancouver's Island in
Her Majesty's Ship Tribune, from Esquimalt to Queensborough for
service in British Columbia, I have now the honor to acquaint you
that 6 Officers and 133 Non-Commissioned Officers and Privates were
embarked onboard the Satellite in Esquimalt Harbour on the 14th
April, were transferred to the Plumper at the entrance of Fraser's
River on the 15th April, and were shortly afterwards disembarked
at Queensborough.

2. The remainder of the Detachment consisting of about 1 Officer
& 27 Men including the Sick, were retained at Esquimalt, principally
as a Guard for the Treasury
*
of British Columbia temporarily
established for the sake of greater convenience at Victoria.

3. It is a source of much comfort to me to have so able and
efficient a body of men, as this Detachment appears to be, at my
disposal, but I am at the present time troubled at finding the ways
and means for their proper support.
**
It appears that they all
volunteered from China for service in British Columbia, and that in
China they were in the receipt of double pay together with various
rates of working pay when employed upon extra duties. Considering
the manifold temptations to Desertion which exist in a gold
producing Country, where the mining population are ever more or
less in a state of excitement, it requires more than the common
rate of pay to a private soldier to ensure his fidelity, and as a
matter of justness the superior Officer

***

must be compensated for the
additional expense to which he is exposed, but apart from these
considerations, it was obvious that the Force should not be placed
in a worse position than they enjoyed in China, under the circumstances
of their volunteering

****

for special service in British Columbia and,
indeed, it would seem that they were actually promised

*****

not only a continance of the benefits they were enjoying,
but the greater inducement of a grant of land, after six years
faithful service, was held out to them.

******

4. It was, therefore, incumbent on me, in the absence of any
direct instructions upon the subject, to keep faith with the men to
the best of my ability. I consequently addressed a letter to Colonel
Moody calling upon him to furnish me with any suggestions he might
have to offer. I enclose herewith his reply, together with a letter
from Captain Magin the Officer Commanding the Force, which details
the circumstances of the promises made in China.

5. After due consideration, and viewing the rates of Colonial
Pay granted to the Officers and Men of the Royal Engineers I have
decided upon the following rates of Colonial Pay for the officers
and men of the Royal Marines, it being intended that the same shall
cover all claims for extra work, or for any extra service whatsoever.
.in +6 -3

To the Captains..........14/s per Diem

" " Subalterns........9/s " "

" " Sergeants.........3/s not to exceed 4/s per Diem

" " Corporals.........1/s " " " 3/6 " "

" " Rank & File.......1/s " " " 3/s " "

To be awarded discriminatingly according to conduct, work
performed &c &c.
.in -6 +3

6. The remaining question of the grant of land I submit for
the consideration of Her Majesty's Government. I concur in its
general expediency, and consider it would be a beneficial measure
on behalf of the Colony, the more particularly under the circumstances
of the situation of the Colony bordering as it does upon the
possessions of a Foreign Power, and it is upon the Frontier that
we propose to make the Free Grants.

7. I also forward herewith, a Copy of Colonel Moody's letter
requesting me to transfer the Force of Royal Marines to Queensborough,
and pointing out how they could be profitably employed. I am sorry
to say, however, that Colonel Moody's anticipations as to the
return to be expected from their labor by the sale of the wood
cut, have not been realized.

Trusting my proceedings herein may meet with your approval.

*******



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FILE: 1859-06-08_Douglas_to_Lytton_V59020.txt
================================================================================

No. 20

Great inconvenience is Experienced in dealing with the postal
arrangements both in this Colony and in British Columbia in
consequence of our not being provided with Colonial Postage
Stamps. Checks cannot be applied to guard against fraud without
inconvenience, delay and expensive machinery; and indeed so long
as the prepayment of postage is made in coin no check or
supervision is really effectual.

2. Partly to correct the evil we have hitherto employed the
Postage Stamps of the United States, but for obvious reasons the
use of them in a British Colony should not be continued longer
than really necessary.

3. I am therefore induced to apply to you with the hope that
you will kindly issue the necessary directions that we may be
supplied with Stamps from Her Majesty's Stamp Office, designed
to serve both for Vancouver's Island and British Columbia. The
expense, which I understand would not be heavy, we would gladly
repay, and the plates could remain in England so that a fresh
supply of Stamps could be obtained when the first stock was
exhausted.

4. To lessen expense we propose to have only one description of
Stamp, of the value of Two Pence Halfpenny and of such design as
may be deemed most fit by those competent to judge. A rough
sketch is forwarded herewith.

5. We would ask for a Thousand Sheets of Stamps as a first
supply, presuming there will be about 240 in each Sheet,

*

and if the Post Office Authorities in England would kindly permit
a supply of about Three Dozen obliterating Dies, with a
proportion of Ink & Boxes, to accompany the Sheets, it would add
greatly to the benefit conferred upon the Colonies, and would
increase the obligations we should feel.



================================================================================
FILE: 1859-06-08_Stamp_to_Carnarvon_Parliamentary_Under-Secretary_B596S04.txt
================================================================================

Stamp to Carnarvon (Parliamentary Under-Secretary)

I again beg leave to address your Lordship on the subject of the
British Columbia Mail Contract. Last Saturday I had an interview
with Mr G.A. Hamilton and Mr Stephenson at the Treasury, when I
was informed that the Publication of the Advertisement calling for
tenders for the above Mail Service was postponed
for the present, in consequence of an offer having been made by
a projected North West Transit Company, to convey the Mail through
Canada to British Columbia. In the summer I believe that could be
done, altho' the time occupied would be considerably longer than by
the Panama route; but during the Winter, say from the 1st of
November to 1st April, any one acquainted with British Columbia
(in the present absence of all roads) knows it to be an utter
impossibility.

That the necessary roads cannot be made for several years to
come is equally certain.

Allow me to state, as some excuse for my again trespassing on
Your Lordships attention, that I left Vancouver Island in December
last at the urgent solicitation of the leading inhabitants of that
Colony, and with strong recommendations to your Lordship's Department
from His Excellency Governor Douglas, for the purpose of endeavouring
to induce Her Majesty's Government to grant a very small subsidy

*

in support of a regular Mail Service between San Francisco & British
Columbia, the want of which, as your Lordship is aware, is
occasioning great inconvenience to the Colonial Authorities as well
as to the Commercial public.

After the favorable reception this subject has till lately met
with at the Colonial Office, I feel most reluctant to return to the
Colony without having attained the important object which I & my
fellow Colonists had in view.

I feel convinced that the rising prospects of the promising
Colony of British Columbia will be seriously checked by the long
delay which must take place before any Overland Mail Communication
can possibly be carried out,
with regularity and dispatch, at all seasons of the Year,
through Canada.

Before making my final preparations for departure I beg leave to
solicit the favor of your Lordship informing me for the guidance of
myself & my fellow Colonists, whether the publication of the
Advertisement calling for tenders as lately prepared by the Admiralty
is postponed
sine die or only for a few days? In the latter case I would
prolong my stay in this Country a little longer, although my
interests in the Colony are suffering seriously from my absence.



================================================================================
FILE: 1859-06-10_Carnarvon_Parliamentary_Under-Secretary_to_Douglas_B597077.txt
================================================================================

No. 77

With reference to my despatch of the 30th April last respecting
the course to be pursued with reference to the intrusion of Citizens of
the United States into the Island of San Juan, I transmit to you herewith
for your information the copy of a letter from the Foreign Office
enclosing a despatch from Her Majesty's Minister at Washington with the
copy of a note which he had addressed to General Cass on this subject.



================================================================================
FILE: 1859-06-10_Carnarvon_Parliamentary_Under-Secretary_to_Douglas_V597077.txt
================================================================================

No. 77

With reference to my despatch of the
30th April last respecting the
course to be pursued with reference to the intrusion of Citizens of the
United States into the Island of San Juan, I transmit to you herewith
for your information the copy of a letter from the Foreign Office
enclosing a despatch from Her Majesty's Minister at Washington with the
copy of a note which he had addressed to General Cass on this subject.



================================================================================
FILE: 1859-06-10_Corry_to_Merivale_Permanent_Under-Secretary_B595AD24.txt
================================================================================

Corry to Merivale (Permanent Under-Secretary)

I am commanded by my Lords Commissioners of the Admiralty
to send you herewith for the information of Her Majesty's
Secretary of State for the Colonies a Copy of a letter
dated the 25th April from Captain de Courcy of the
Pylades, addressed to Rear Adml Baynes, reporting the
proceedings of Her Majesty's Ships at Vancouver's Island
and the state of affairs at Frazer's River.



================================================================================
FILE: 1859-06-11_Booth_to_Elliot_Assistant_Under-Secretary_V595TA01.txt
================================================================================

Booth to Elliot (Assistant Under-Secretary)

I am directed by the Lords of the Committee of Privy Council for
Trade to acknowledge the receipt of your letter of the 13th instant
stating that the Lords Commissoners of the Treasury have consented
to advance the sum of Seven thousand pounds (£7000) required towards
the construction of the two Lighthouses in Fucas Straits and the
entrance of Esquimault Harbour, on condition that one half of this
sum shall be repaid by the Colonies of British Columbia and
Vancouvers Island jointly, and requesting My Lords to cause measures
to be taken for sending out immediately from this Country the
necessary Lighting Apparatus.

In reply, I am to acquaint you, for the information of Secretary Sir
Edward Bulwer Lytton, that My Lords will give instructions for the
construction of the Lanterns and Lighting Apparatus which will be
required for these two Lighthouses with the least possible delay.

To assist the Colonial Authorities in carrying out the undertaking, I
am to enclose a Copy of a further Memorandum of Captain Sulivan of
this Department, together with drawings on the subject shewing the
dimension which will be required at the top of the Towers.

My Lords believe that the cost of the lanterns and apparatus
including gallery rails, to be sent to this Country will not exceed
Three thousand three hundred pounds (£3300) inclusive of freight, but
My Lords will give more specific information on this point when the
Tenders are received.



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FILE: 1859-06-13_Lugard_to_Merivale_Permanent_Under-Secretary_V595WA03.txt
================================================================================

Lugard to Merivale (Permanent Under-Secretary)

I am directed by the Secretary of State for War to transmit to you,
for the information of Sir Edward Bulwer Lytton, the enclosed copy of
a letter from Lieutenant Colonel Hawkins, Her Majesty's Commissioner
for defining our North Western Boundary in North America, in which he
suggests that the Land, Buildings &c, purchased in Vancouver's Island
for the use of the Surveying Party under his command, should
eventually be transferred to the Colonial Government at a valuation,
instead of being disposed of to private parties.



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FILE: 1859-06-15_Hammond_to_Merivale_Permanent_Under-Secretary_V595FO07.txt
================================================================================

Hammond to Merivale (Permanent Under-Secretary)

I am directed by the Earl of Malmesbury to transmit to you, for the
consideration of the Secretary of State for the Colonies, the
accompanying Copies of a Letter and it's inclosures from the War
Office suggesting that the land and buildings purchased for the use
of the Oregon Boundary Commission should eventually be transferred to
the Colonial Authorities at a valuation, instead of being disposed of
to private parties.



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FILE: 1859-06-16_Carnarvon_Parliamentary_Under-Secretary_to_Douglas_B597079.txt
================================================================================

No. 79

I have to acknowledge the receipt of your despatch No 142 of
the 23d of April last and I have to express my satisfaction at the
safe arrival in Esquimalt Harbour of the detachment of Royal Engineers destined
for service in British Columbia.



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FILE: 1859-06-16_Lugard_to_Merivale_Permanent_Under-Secretary_B595WA11.txt
================================================================================

Lugard to Merivale (Permanent Under-Secretary)

I am directed by the Secretary of State for War to transmit
to you, for the information of Sir Edward Bulwer Lytton, the
enclosed copy of a letter from the Admiralty, in reference to
the detention in British Columbia of the Party of Royal Marines
who had been despatched from China to that Colony.

Major General Peel is not aware of the circumstances under
which this Detachment was sent to British Columbia, but he presumes
that instructions were given before it had been decided to station a
Military Force in that Colony. He therefore proposes to inform the
Lords Commissioners of the Admiralty that arrangements have some
time since been made of the nature which they suggest for the
performance of the Military duties in British Columbia by the
regular Troops, and that the Secretary of State for War is aware of
no reason for the detention of the Royal Marines.



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FILE: 1859-06-16_Merivale_Permanent_Under-Secretary_to_Douglas_V597078.txt
================================================================================

No. 78

With reference to my despatch of the 11th of May on the subject of the erection of Light Houses in Fucas Straits and the approaches to
Esquimalt Harbour I transmit to you herewith for your information and
guidance the Copy of a letter from the Board of Trade on the subject.



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FILE: 1859-06-16_Merivale_to_Douglas_B597078.txt
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No. 78

With reference to my despatch of the 11th of May on the subject
of the erection of Light Houses in Fucas Straits and the approaches to
Esquimalt Harbour I transmit to you herewith for your information and
guidance the Copy of a letter from the Board of Trade on the subject.



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FILE: 1859-06-17_Hamilton_to_Merivale_Permanent_Under-Secretary_B595TE19.txt
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Hamilton to Merivale (Permanent Under-Secretary)

With reference to the Letter from this Board of the
17th Instant, upon the subject of Bills drawn for
Army Services by the Treasurer of British Columbia, I am
directed by the Lords Commrs of Her Majesty's Treasury
to transmit to you for the information of Sir E.B. Lytton,
the enclosed copy of a Letter from the Assistant Paymaster
General, containing a List of Bills drawn for the purpose
of meeting the Requisitions of the Officer commanding
the Troops in the above mentioned Colony.

I am to acquaint you that, in accordance with the
suggestion of the Paymaster General, His Lordship has
been authorized to accept such of the Bills enumerated in
the List, as had not been previously reported to this
Board, vizt Nos 9 to 11 and 14 to 21 inclusive.



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FILE: 1859-06-17_Hamilton_to_Merivale_Permanent_Under-Secretary_B595TE20.txt
================================================================================

Hamilton to Merivale (Permanent Under-Secretary)

With reference to your Letter of the 7th Inst:,
enclosing copy of a Despatch from the Governor of British
Columbia, stating that he has drawn a further Bill, on
account of the expenses of the Royal Engineers in that
colony, for the sum of £1,500; I am directed by the Lords
Commissioners of Her Majesty's Treasury, to acquaint you,
for the information of Sir E.B. Lytton, that They have
instructed the Paymaster General, to accept two Bills drawn
by the Treasurer of British Columbia, for the amount of
the Governor's Requisition, vizt

No. 12 for £1,000

and 13 "  500

£1,500

A copy of a Letter from Mr Hoffay, dated the 31st
Ultimo, relative to the Bills drawn by the Colonial Treasurer,
on account of Army Services, is enclosed herein; and I am to
request that you will move Sir E.B. Lytton to instruct the
Governor to furnish an explanation, in regard to the difference
in the amounts of the Military Requisitions, and the amounts
of the Bills drawn.

I am to state that Their Lordship's Letters of the 3rd
and 13th Ultimo, referred to by Mr Hoffay, directed the
acceptance of Bills to the extent of £2,520.



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FILE: 1859-06-17_Tennent_to_Merivale_Permanent_Under-Secretary_B595TA03.txt
================================================================================

Tennent to Merivale (Permanent Under-Secretary)

I am directed by the Lords of the Committee of Privy Council
for Trade to acknowledge the receipt of your letter of the 8th.
Instant transmitting for their observations, by the direction of
Secretary Sir E.B. Lytton a copy of a despatch from the Governor
of British Columbia on the subject of a monopoly which has been
established by certain owners of Steam Vessels in the traffic
of Fraser's River.

In reply I am to request that you will state to the Secretary
for the Colonies that unless the proceedings to which the Governor
adverts are of an illegal character, (a point upon which the
opinion of the Law Officers of the Crown appears to have been asked)
My Lords are unable to suggest any remedy for the evils which they
occasion.

They would, however, observe that these evils are of a nature
which under a system of free competition will gradually produce
their own remedy by attracting more capital into so profitable a
field of employment as the traffic on Fraser's River is described
by the Governor to be.

I am to add that My Lords will be glad to be favoured with
the opinion of the Law Officers upon this question so soon as it
shall have been received.



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FILE: 1859-06-18_Kelly_to_Lytton_B595LW01.txt
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Kelly and Cairns to Lytton

We are honored with your commands signified in Mr
Merivale's letter of the 8th June inst. in which he
stated that he was directed by you to transmit to us the
Copy of a Despatch from the Governor of British Columbia
reporting a serious injury to the Colony caused by the
practices of certain American Citizens who are the owners
of the Steam Boats running on the Fraser River.

Mr Merivale was also pleased to state that Foreign
Vessels have hitherto been admitted by license of the
navigation of the Fraser River, but, that the Governor
having reported that these American Owners are combining
to obtain complete right of this navigation by taking out
British Registers for their vessels by means of transfers
to British subjects which there is every reason to believe
are only nominal and fictitious, he was desired to request
that we would take these papers into our consideration & favor
you with our opinion on the question raised by the Governor
whether he would be justified in witholding a British Register
from Vessels becoming British under such circumstances as those
described in his Despatch.

In obedience to your commands we have taken these papers
into our consideration and have the honor to Report

That under the Merchant Shipping Act, 1854, (17 & 18 Vic.
c. 104) s. 18. no ship is to be deemed a British Ship unless she
belongs wholly to natural-born British subjects, or persons made
denizens as therein mentioned, and although by s. 56. security
is provided against the colorable or fictitious transfer in the
form of a declaration by the transferees that no person not
qualified to be an owner of a British Ship is entitled as owner
to any interest legal or beneficial in the Ship transferred,
yet we are of opinion that the Governor of British Columbia is
not bound to accept such Declaration as conclusive, but that
if he knows and is able to prove that the vessel really
belongs to a person not a British Subject, he would be justified
in witholding a British Register from the Vessel.

If proof be called for and a searching inquiry instituted
into the circumstances and condition of the alleged transference,
and the actual payment of the consideration, and the receipt and
application of the profits made by the Ships, the truth can
scarcely fail to appear.

We must however point out that mere surmise or suspicion of
the foreign ownership would not be sufficient, nor would the
Governor be entitled to withold a Certificate upon any arbitrary
view of the probabilities of the case. He must, if he witholds
it, be in a position to show satisfactorily that the Ship is
really in whole or in part foreign-owned.



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FILE: 1859-06-20_Anonymous_to_Unknown_V596A02.txt
================================================================================

[Anonymous] Private Letter

All the mining world & his wife are going out of the country—&
all that bad legislation can do, is being
perfected by the local governt in a way quite unattainable
in the old country.

Tories at home, become Radicals here, & Radicals at home, if in
power, Tories here. The right way for the country is to send
parties to Old Scratch & look at what the country itself wants.

I hear from no bad authority that the Governor (Douglas) has
sent to ask for £4,000 a year instead of £1,200, also that Young his
nephew-in-law has resigned * his position as Acting Col. Secretary until his successor is appointed—a
mere bid I expect to raise the price. I hope they won't fall into
the trap at home.

The Speaker is Governor D's Son-in-law

—- Chief Justice ———- brother in law

—- Colonial Secretary ———- nephew in law

—- Chief of the H.B.C. - Son in law

and so on throughout.

We are in fact governed by a
Skin factory.



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FILE: 1859-06-23_Newcastle_to_Douglas_B597101.txt
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No. 1

I have to acknowledge your despatch "separate" of the 25th of
April last, enclosing a letter from Colonel Moody dated the 9th
on the subject
of the allowance made to him to defray the cost of his passage to
British Columbia and urging compliance with his application.

I greatly regret that I cannot feel at liberty to comply with it.
You will acquaint Colonel Moody that the sum of One hundred pounds
(£100) for which he applied while in England for the passage of Mrs
Moody was paid to his credit at Messrs Cox and Company, in November last,
and that with regard to the application contained in his present letter
for a further sum of One hundred pounds (£100)
on this account, as Colonel Moody has already received a more liberal
allowance for the expenses of his passage to British Columbia than has
been granted in other cases, I do not feel at liberty to authorize any
additional payment to him on this account. I am sorry to hear from him,
and to find the intelligence confirmed by yourself, that so much
inconvenience has been felt and continues to be felt by public servants
in consequence of the high rate of living in British Columbia. But I
fear I should be establishing a very inconvenient precedent by
entertaining under such circumstances an individual application, which
there is no separate reason to justify.



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FILE: 1859-06-24_Hawes_to_Under-Secretary_of_State_B595WA12.txt
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Hawes to Under-Secretary of State

With reference to the provision of a conveyance for 16 Tons
of Barrack Furniture to British Columbia, I am directed by the Secretary of State for War to acquaint you that the Owners of
the only vessel at present available for this purpose have sent
in their tender to the Transport Office under the following
conditions; namely, to convey these Stores from England to
Vancouver's Island, and the Master of the Vessel to have
liberty to forward them from thence to Queensborough (now called
New Westminster) by his vessel or by any vessel or craft at
the owner's expense, but at the public risk; and I am to
request you will state whether this arrangement shall be approved.



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FILE: 1859-06-25_Newcastle_to_Douglas_B597102.txt
================================================================================

No. 2

I transmit to you herewith copies of two letters which I have
received from the Board of Treasury on the subject of the Bills drawn by
you for the expenses of the Royal Engineers in British Columbia and I have to request that you will furnish me with an explanation of the
discrepancy pointed out by the Lords Commissioners between the amount of
these Bills and of the requisitions made upon you by Colonel Moody on this account.



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FILE: 1859-06-26_Douglas_to_Lytton_B59169.txt
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No. 169

I have the honor to acknowledge the receipt upon this date
date, of your Despatches of the numbers and dates as
particularized on the other side hereof.

*



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FILE: 1859-06-29_Hawes_to_Under-Secretary_of_State_B595WA13.txt
================================================================================

Hawes to Under-Secretary of State

With reference to the letter from this Office of the 24th
Instant, respecting the conveyance for Stores to British Columbia,
I am directed by the Secretary of State for War to acquaint you
that the Comptroller for Transport Services is desirous to be
informed whether the proposed arrangments for the transmission
of these Stores by way of Vancouvers Island shall be approved,
as the vessel which is to convey the Stores from this country
is appointed to sail at an early date, and I am therefore to
request you will favour this Office with a reply on this
point as soon as possible. I am to add that with reference to
my letter of the 11th of April last 063/34 relating to
the insurance of Stores, the Secretary of State would be glad
to be informed whether the Colonial Agent or this Department
should or should not insure them on account of the Colony?



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FILE: 1859-06-29_Murdoch_to_Merivale_Permanent_Under-Secretary_V595LN05.txt
================================================================================

Murdoch to Merivale (Permanent Under-Secretary)

I have to acknowledge your letter of 21st instant enclosing the
extract of a Despatch from the Governor of VanCouvers Island, on the
subject of communications which have passed between him and the House
of Assembly of that Island, relative to the reservation by the
Government of Crown Lands in the several Districts of the Colony.

2. The House of Assembly, it appears, had requested the
Governor to make reserves in certain Districts of 100 acres for
educational and 100 acres for public purposes—and the Governor in
answer informed the House that he had instructed the Surveyor General
"to make large reserves for the general purposes of Government" in
certain districts which he named. To this, however, the Assembly
objected on the ground that large reserves are prejudicial to a
Colony, and that endowments in Land for religious Establishments are
objectionable—and they requested that (as I understand their
meaning) Reserves should be made only to the extent and for the
purposes suggested by them, and that no reserves should in any case
be sold or otherwise disposed of except with the consent of the
Legislature. The Governor informed the House that it was not in his
power to comply literally with their request, but that he would
recommend it for the favorable consideration of H.M. Government. In
the Despatch of which an Extract is enclosed in your letter he
describes the claim advanced by the Assembly as unconstitutional and
an encroachment on the rights of the Crown.

3. So long as the control over the Waste Land remains in the hands
of the Crown, it is for the Crown or its representative to decide
what reserves may be necessary for public purposes. And in a young
Colony it would not be advisable to lay down any narrow or inelastic
rule, either as to the extent of the reserves which should be made or
the purposes to which they should be applied. At the same time there
is much truth in the objection of the House of Assembly, that
extensive reserves are prejudicial, inasmuch as they interrupt
communications & interfere with the concentration of the
population—and they have been invariably found an objectionable form
of endowment for religious establishments in the Colonies.

4. In the Land Sales Act
*
of 1842
**

Parliament specified the objects for which reserves might be made as
follows:

For public Roads or other internal communications whether by Land or
water—or for the use or benefit of the aboriginal inhabitants of the
Country—or for purposes of military defence—or as the sites of
places for public Worship, schools or other public Buildings—or as
places for the interment of the dead—or places for the recreation
and amusement of the inhabitants of any Town or Village—or as the
sites of public Quays or landing places on the Sea Coast or Shores of
Navigable Streams—or for any other purpose of public safety,
convenience, health or enjoyment.

This specification appears to furnish a very sufficient rule as to
the nature of the Reserves to be made in a new Colony. The general
principle is indicated in the concluding words of it—vizt—that
Reserves should be made for any public object requiring the use of
Land, but not for the purpose of raising
a Revenue either by its cultivation or by its sale at a future
period.

5. In regard to the request of the Assembly that no Reserves
should be used or disposed of except with the consent of the
Legislature, it would not be advisable to comply with it so long as
the management of the Crown Lands is retained in the hands of the
Executive Government. But the Governor would no doubt willingly
consider in any such matter any suggestions or recommendations which
he might receive from the Legislature.

6. If the Duke of Newcastle should concur in the above views I would
submit that the Governor should be informed that the Secretary of
State does not think it desirable to restrict the reservation of Land
to the extent proposed by the House of Assembly, but that Reserves
should not be made beyond what the ascertained or highly probable
wants of the public service render necessary—and should not be used
as a means of raising an income for any establishment or person.
It might further be proper to state that the Secretary of State
approves of his having declined to accede to the request of the
Assembly that the Reserves should be dealt with only according to the
views of the Legislature.



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FILE: 1859-06-30_Douglas_to_Lytton_B59170.txt
================================================================================

No. 170

I have the honor to acknowledge your Despatch No 33 of the
19th March and to express my satisfaction at your intimation
that Her Majesty has been pleased to approve of two proclamations
I had issued, the first, for the conveyance of Crown lands, and
the second imposing duties on Imports into British Columbia.



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FILE: 1859-06-30_Douglas_to_Lytton_B59171.txt
================================================================================

No. 171

I have the honor to acknowledge the receipt of your despatch
No 34 of the 19th March transmitting a copy of the usual
regulations in granting remissions on the purchase of land to
retired officers of the Army and Navy in the British Colonies where
such advantages are granted and authorizing me to promulgate them
with such modifications of the provisions, as the circumstances of
British Columbia may require, and I have to observe in reply that
your instructions on this subject will meet with my early attention.



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FILE: 1859-06-30_Douglas_to_Lytton_B59172.txt
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No. 172

I have duly received your Despatches Nos 35 & 36 of the
21st and 22nd March referring to the disturbances at Ft
Yale and the suspension of Mr Perrier.

2. I have communicated to Colonel Moody your approval of the
course he adopted in proceeding to Fort Hope, with the party of
Royal Marines and Royal Engineers.

3. With reference to your observations respecting the
inaccuracy into which I had fallen, by designating Colonel Moody
the Lieutenant Governor, I will take care that your instructions
upon this point shall in future be duly attended to.



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FILE: 1859-06-30_Douglas_to_Lytton_V59021.txt
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No. 21

I have duly received your Despatches Nos 42 and 55 of the 2d &
25h April upon the subject of the repayment of the advances
made by me in the year 1856 to the Federal authorities in
Washington Territory to enable them to prosecute hostilities against the Indians.

2. With reference thereto I am glad to say that by the last
mail, I received a letter from the Treasurer of the United
States forwarding to me an order for the amount due.

3. I have to return you my warmest thanks for the kind interest
you have manifested in this matter, and for the course of action
you adopted, to which I believe I may mainly attribute the
repayment of the money.



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FILE: 1859-06-30_Hawes_to_Under-Secretary_of_State_V595WA04.txt
================================================================================

Hawes to Under-Secretary of State

I have the honor to acquaint you, for the information of the Duke of
Newcastle, that the Lords Commissioners of the Admiralty have
requested the Secretary of State for War to give directions for the
erection of a Powder Magazine in Vancouvers Island, to receive the ammunition necessary for the supply of Her Majesty's Ships on the
Pacific Station.

As the Officer's and men of the Royal Engineers, serving in that
Colony, were lent to the Colonial Department, and, as consequently
the War Department has no control over or cognizance of their
proceedings, Mr Sidney Herbert has directed me to forward the
enclosed copy of an Extract from the Admiralty letter referred to,
dated 6th June 1859, in order that His Grace may give such orders
thereon as he may think fit.



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FILE: 1859-06-30_Newcastle_to_Douglas_B597103.txt
================================================================================

No. 3

I have to acknowledge the receipt of your despatch No 137 of the
12th April last reporting a serious injury to the interests of British
Columbia which is caused by the practices of certain American Owners of
Steam boats running on the Fraser River.

I have referred to the opinion of the Law Advisers of the Crown
the question raised by you as to your power legally to withhold a
British Register from Vessels becoming British under such circumstances
as those described in your despatch and I transmit for your information
and guidance a copy of the Report which I have received from them on
this subject.



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FILE: 1859-06-30_Romaine_to_Merivale_Permanent_Under-Secretary_B595AD25.txt
================================================================================

Romaine to Merivale (Permanent Under-Secretary)

I am commanded by my Lords Commissioners of the
Admiralty to send you herewith for the information of
Her Majesty's Secretary of State for the Colonies, an
Extract of a letter dated the 10th May last from
Captain de Courcy, of the Pylades reporting the state of
affairs in the Gold Districts of Fraser's River.



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FILE: 1859-07-01_Douglas_to_Lytton_B59173.txt
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No. 173

I have duly received your Despatch No 25 of the 21st
February, containing the Copy of a Despatch from Her Majesty's
Minister at Washington, referring to Mr Nugent, and also a Copy
of a Memorandum respecting the rights of Foreign Miners as laid
down by the State Legislature of California and I beg to thank
you for the information therein contained.



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FILE: 1859-07-01_Douglas_to_Lytton_B59174.txt
================================================================================

No. 174

I have duly received your Despatch No 31 of the 14th March,
referring to a letter from Captain Parsons RE proposing to assign
a value of four shillings to the American Dollar in making payments
to the Royal Engineers in British Columbia, and transmitting for
my information and guidance the Copy of a letter from the Treasury
defining the rates which should regulate the issue to the Troops,
of United States Gold Coin, and your instructions on that subject
shall meet with my careful attention.



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FILE: 1859-07-01_Douglas_to_Lytton_B59175.txt
================================================================================

No. 175

I have duly received your Despatch No 32 of the 15th March,
in reference to the admission of Barristers and Attornies to the
Court of British Columbia.

2. The liberal measure of allowing foreign Counsel to practise
in the Court of British Columbia has been attended fortunately by
no evil effects, no foreigners having either practised in the Court,
or otherwise derived any advantage whatever from the concession,
one cause for which may be assigned to the fact that, the country
has enjoyed a singular degree of quiet, and almost an exemption
from troublesome litigation.

3. The privilege granted by the order of Court in favour of
attorneys and solicitors of the Supreme Court of the United States,
expired yesterday and will not be renewed, as numbers of English
Lawyers have arrived who purpose residing here permanently and
practising both in the Courts of British Columbia and Vancouvers
Island.



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FILE: 1859-07-01_Newcastle_to_Douglas_B597104.txt
================================================================================

No. 4

With reference to your despatch No 151 of the 9th of May,
reporting that you have drawn Bills on the Treasury for £5000 to enable
Colonel Moody to meet the difficulty arising from the loss of the Stores
for the Royal Engineers that were destroyed in the "Briseis," I have to
acquaint you that I have given directions that these Stores with the
exception of the Iron houses, and a quantity of forage should be
replaced and sent to the Colony without delay.

I have therefore to instruct you to incur no expenditure on this
account beyond that which is absolutely necessary pending the arrival of
the Stores from this Country.



================================================================================
FILE: 1859-07-01_Paget_to_Merivale_Permanent_Under-Secretary_B595AD26.txt
================================================================================

Paget to Merivale (Permanent Under-Secretary)

I am commanded by my Lords Commissioners of the Admiralty,
to transmit herewith a statement of expenses incurred by the
Naval Department on account of supplies of Provisions &ca
to the Colony of British Columbia amounting to £5294.3.5,
and to request that you will move His Grace the Duke of
Newcastle to cause repayment to be made to the credit of
Naval Services through Her Majesty's Paymaster General who
has been requested to receive the amount.



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FILE: 1859-07-02_Douglas_to_Lytton_B59176.txt
================================================================================

No. 176

I have the honor to acknowledge your Despatch No 37 of the 23rd March adverting to a letter addressed to you by Mr H.M. Snyder from Victoria on the 20th December last referring to a
Memorial addressed to you by Proprietors, Householders, and Residents of Vancouver Island expressing their gratification at my appointment as Governor of British Columbia, and in accordance with your instructions I will inform Mr Snyder that you have received hi
letter.



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FILE: 1859-07-02_Douglas_to_Lytton_B59177.txt
================================================================================

No. 177

I have duly received your Despatch No 38 of the 24th March
in reference to the Reverend W.B. Crickmer.

2. I have observed your remarks concerning Mr Crickmer's
appointment and beg to inform you that neither Mr Crickmer nor
Mr Gammage have received any promise of remuneration or other
privileges,
nor have I assigned to Mr Crickmer any seniority of position.

3. I have made no permanent arrangements in regard to
Ecclesiastical matters, having referred all questions of that nature to
the period of the Bishop's arrival in British Columbia.



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FILE: 1859-07-02_Douglas_to_Lytton_B59182.txt
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No. 182

I have had the honor of receiving your Despatch No 48 of
the 11th April last, having reference to the disturbances which
occurred in January last at Fort Yale, and forwarding for my
information the copy of a letter from Lord Naas, with an enclosure
from the Chief Inspector of the Constabulary in Ireland relative
to the request made for a body of the Irish Constabulary to be sent
to British Columbia, & representing the necessity for further
information upon various points of detail mentioned.

2. I have given immediate attention to that matter, and have
the honor to forward herewith a statement which will supply the
information required.

3. With reference to your remarks respecting the inability
of Her Majesty's Government to undertake the expense partially
or otherwise which the proposed Police Force would entail, I have
only to observe that, in such case, it will be advisable not to send
out the Force, as it is impossible to raise money in the Colony at
present to meet the expenditure that would thereby be incurred; and
moreover the Military force now in British Columbia, and the gradual
accession of a British population render the step every day less
a measure of necessary safety.

4. The population of British Columbia would, as you correctly
surmise, zealously come forward, if required, for their own
protection; but it has always appeared to me a most dangerous policy
to put the sword into the hands of Aliens who have no love for
British institutions, and who might turn it against the Government
whenever it suited their purpose. The geographical position of
British Columbia must be remembered, & it also must not be forgotten
that until lately British Subjects formed but a small portion of the
multitudes that poured into the Country, and although I firmly
believe that among the thousands of persons who have since departed
from the Colony scarcely one British Subject could be found, still
even in the population that remain the proportion of British
Subjects is far from being in the ascendant. The difficulties
attendant upon the employment of a volunteer force upon occasions
of emergency are consequently great; but apart from other considerations
there is one very grave objection which particularly presents itself.
In a gold producing country men cannot and will not render their
services to the Government gratuitously, and the amount of recompense
they expect is exorbitant. Upon the occasion of the disturbances at
Fort Yale certain volunteers were employed by Colonel Moody. These
men cheerfully and most zealously afforded their Services, so much so
indeed as to call forth a warm letter of commendation from Colonel
Moody, but they demanded Five Dollars a day for their Services, and
as compensation for their loss of time, and, under the circumstances,
I was compelled to meet the demand. I am strongly inclined to believe
that as a measure of wise policy, and of sound economy, it is beyond
doubt advisable to employ none but British Subjects in protecting
British Territory.

5. I have read with due attention your remarks respecting the
provision to be made for the repayment by the Colony of the Advances
made from the Mother Country for the equipment and conveyance to
British Columbia of Colonel Moody's Party of Royal Engineers. The
Colony is most anxious to acquit herself of every obligation conferred
upon her, and she is quite capable of meeting all her civil
expenditures in a befitting and proper manner, but the cost of the
maintenance of the Military Force, with the heavy charge for Colonial
Pay, is at present more than her Finances can bear. The development
of the Country has been stayed for want of Funds, and the amount of
Revenue has in consequence fallen far short of my expectations. I
cannot refrain from remarking, however, that the expense of sending
the Royal Engineers to British Columbia, is a charge that can scarcely
with perfect justness be assigned to the Colony, seeing that after
all the object in view was one purely of an Imperial character.
But be that as it may, Her Majesty's Government must be lenient and
kind, and must until the Colony is in a condition to discharge her
liabilities, look for repayment in the acquisition of a magnificent
domain, which will give an expansion to British Trade and influence
in this part of the world that now can scarcely be sufficiently
appreciated, and which was unattainable by other means.



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No. 183

I have duly received your Despatch of the 12th April last
No 50, in reply to my proposal to purchase or build a Steam Vessel
intended for the transport of Troops and Government Stores in Fraser's
River, and as a means of restraining the refractory, and of enforcing
law and order among the population of the Mining Districts.

2. I observe that Her Majesty's Government, without doubting the
judiciousness of the plan for local interests, decline giving it their
countenance or support. I rejoice, therefore, that circumstances
subsequent to the date of my Despatch induced me to defer the execution
of the project until I received your reply. I will now abandon it
altogether, or until such time as the Colony may be in a condition to
defray the cost from her own resources.

3. You again call my attention to the circumstance of the liability
to the Mother Country which the infant Colony of British Columbia has
incurred in the earliest step taken by the Home Government for her
establishment and protection. Her Majesty's Government may rest
assured that when the Colony can do so, the obligation will be
faithfully repaid. She can only attain to that condition when her
resources are more fully developed, and it is undeniable that her
development has been retarded, and my hands have been tied through
the want of funds to undertake and carry out important and indispensable
public works. The assistance of a Parliamentary Grant would have
enabled me months ago to have adopted such measures as to settle and
retain a large population in the Country, and to hold out inducements
to British Subjects to flock to this desirable land. Upon the first
intimation of the discoveries of gold, thousands poured into the
country and spread abroad throughout its length and breadth, without
a thought, and apparently without a care, as to how a land hitherto
wild and uninhabited, except by the native Indian, was to provide
them with the means of subsistence. Gold was found, and in quantities
beyond the usual yield in the neighbouring and older gold Districts
of California. So long as his scanty stock of Provisions lasted the
adventurous Miner was content, but when the winter approached and the
rugged mountain passes no longer afforded the means for introducing
further supplies, he was exposed to privation and hardships of no
ordinary description. Numerous were the departures from the Country
in consequence, and those leaving did not fail to exaggerate their ills,
and to spread abroad the reports most unfavourable to the Country.
This might naturally have been expected to some extent under any
circumstances or condition of the Country, for the wildest notions
being entertained of the facilities which existed for acquiring instant
wealth, disgust and ill feeling soon followed the non-realization of
extravagant expectations; but had the means been at my Command much
might have been avoided. I used the most strenuous efforts to
facilitate the introduction of supplies, but my resources were limited,
and I could only partially open one route, although Fifteen Thousand
pounds from the Revenues of the Colony were expended in the object.
The difficulties to be overcome in opening out the Country of British
Columbia, are of no ordinary character, and the expense attending all
works of labor is enormous, but I do not despair of the benefits
resulting in time repaying the outlay. In another Despatch of this
date I have mentioned that the Colony can and will support in a
befitting manner all her Civil Staff—large as that Staff is—in
consequence of the extensive nature of the Country, and the scattered
condition of the inhabitants, but the cost of the Military Establishment
is a charge that she cannot at present find the means to meet, for it
alone would more than absorb the entire Revenue of the Colony, and
therefore for the present, we must earnestly hope that the Mother
Country will be kind and generous, and will not refuse her aid to
this her youngest but not least valuable Colony; for the day will,
undoubtedly, come, and may not be far distant, when the possessions
of Great Britain in this part of the world will exercise no insignificant
or unimportant influence on the fast spreading interests in the Pacific
Ocean of other great Nations.



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No. 178

I have duly received Your Despatch No 40 of the 1st April,
enclosing the Copy of a note from the Duc de Malakoff to Lord
Malmesbury requesting information as to the fate of a French subject
named Jean Baptiste Massenot supposed to have arrived at Victoria
in June last, and I have the honor to acquaint you in reference
thereto, that we have used every exertion to obtain the information
desired.

2. I beg herewith to enclose the Copy of a letter, I have just
received from a Mr Thornton, a legal gentleman, who is conducting
the enquiries in reference to M. Massenot and who has discovered
some traces of him in the mining districts of Frasers River.



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No. 179

I have duly received your Despatch of the 24th March
marked "Separate" transmitting to me the Queens Warrant under the
Royal Sign Manual for appointing Mr George Hunter Carey to be
Attorney General for British Columbia.



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No. 180

I have the honor to forward herewith for your information,
a Schedule of Despatches, addressed to Her Majesty's Secretary of
State for the Colonies, for the half year ending 30th June 1859.



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No. 181

I have the honor to acknowledge your Despatch No 51 of the
12th April acquainting me that you were unable to sanction any
increase in the expenditure of Colonel Moody's Department which
might add to the sum which will have to be voted by Parliament as
an advance for that service, and I have duly communicated to Colonel
Moody, your decision on that point.



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No. 184

I have duly received your Despatch No 54 of the 20th April
transmitting the Copy of an Act passed by the General Assembly of New Zealand for the management of the Gold Fields there.

2. I have to return you my sincere thanks for your kindness in forwarding a document which will so materially aid our legislation for the Gold Fields of British Columbia.

3. I may further express my anxiety to procure information on
all matters connected with the Colonies, in order that we may have the benefit of their experience in legislating for British Columbia.



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No. 185

The latest intelligence received from Mr Sanders the Assistant Gold Commissioner for the district of Fort Yale is very interesting
and of a cheering character.

2. That gentleman in his last report dated the 28th June
states that the accounts from Prince Alberts Flat continue to be
favourable, and the Miners who have taken up claims there, assure him
that the pay streak yields five cents to the pan, which they consider
a fair return for their labour, and Mr Sanders is of opinion that,
the Flat which is of great extent will afford profitable employment
to hundreds of Miners for years to come.

3. A Mining Bar about seven miles above Yale, commonly known as
Sailors Bar which is occupied by a person named Mead and another, who
are the sole grantees of two springs yielding sufficient water to supply
three sluice heads are making, according to their own statement
fifty dollars to the man a day. In consequence of the small supply of
water on this extensive Bar it is unavoidably monopolized by these two
men, and will afford them employment at the same rate of remuneration
for many years to come.

4. Some Chinese Miners have settled on an elevated Bank on Fraser's
River beyond Spuzzum, and as there is no water on the spot, and their
own small means are insufficient to bring in an artificial supply from
the neighbouring mountains, they convey the soil for washing in wheel
barrows to the rivers edge, a fact which goes far to prove the
extensive richness of the deposit.

5. These elevated banks have long been known to be rich, but there
being, on many of them, no natural supply of water, it will require a
considerable capital to bring in supplies of that indispensable element.

6. The Ditch on Emorys Bar has been moved back, in order to
facilitate the working of the Bank, which has however not proved so
productive as expected.

7. The Miners on Hills Bar are sinking shafts in the mountains,
in rear of the Bar, but when Mr Sanders last visited the spot on the
21st June, they had not attained to a sufficient depth, to determine
the value of the auriferous soil with any degree of positiveness; the
Miners were however quite satisfied from the indications of the beds
of earth, that their endeavours were likely to prove successful.

8. Mr Sanders laments the great loss of gold arising from
careless
working and the want of proper means to retain the "rusty gold", and
remarks that one half at least of the fine gold escapes on the surface
of the water used in washing, nor will "rusty gold" amalgamate with
quick silver, and he states, in proof of the superficial, ineffective
manner in which the diggings are worked, that an experienced and well
informed Ditch owner, assured him that he would have no hesitation,
in undertaking to work over again those parts of Hills Bar, which are
supposed to be exhausted, with a certainty of realizing from six to
eight ($6 to $8)
dollars a day for each man employed, yet, on this Bar many Miners
have taken out of a twenty five foot claim as much as six and seven
thousand dollars ($7,000)
exclusive of cost of labour, water, and subsistence.

9. The miners are full of confidence in the resources of the
country, and are looking forward to great discoveries in British
Columbia. They seem to think that parties should be organized to
prospect the interior, and good miners have offered their services for
that object, on condition of being furnished with food, and rewarded
in the event of success with grants of mineral land, or a quartz-land
claim.

10. Mr Sanders further reports that the accounts from the upper
districts of Frasers River are most encouraging, rich alluvial diggings
having been found in the neighbourhood of Ft Alexandria, and
extensive and rich dry diggings near Lytton.

11. Mr Sanders had also been informed, that silver has been
discovered to the Eastward of Sailors Bar, and he promises to procure
and forward specimens next week. It is also reported that quicksilver
had been discovered, but the Commissioner thought it not impossible,
that the discoverer, had mistaken Red Sandstone for "Cinnabar" the
mineral which contains Quicksilver.

12. Mr Sander's report contains nothing further of importance.

13. The opening of roads through the mountainous districts of
British Columbia into the interior, is now the object which has the
strongest claim upon our attention. A party of Royal Engineers are
now employed in making the road from Fort Hope to Boston Bar, and a
detachment of Royal Engineers and Royal Marines, exceeding one hundred
(100)
men are employed in widening and improving the Harrison Lillooet road.

14. The transport by that road into the interior is already very
great. About one hundred (100)
pack mules leave Douglas weekly with freight
for Bridge river; From returns made up at Douglas it appears that
Three Thousand six hundred (3,600)
tons of provisions have been carried over
that road since it was first opened in the month of November last.
The rate of freight by that route, rose at one time last winter to
Thirty seven (37) cents a pound a state of things induced by the want of
competition, and by the severity of the weather, but it is now
reduced to 10 cents a pound all through from Douglas to Bridge River,
and from this place (Victoria) to Douglas 1 1/7 cents making the
whole expense of freight from this place to Bridge River a distance
of Three hundred and sixteen (316)
miles of inland transport 11 1/7 cents
a pound, which is reasonable compared with what the charge once was;
though still susceptive of reduction.

15. The regular settlement of the country by a class of
industrious cultivators is an object of the utmost importance to
the Colony, which is at present dependant for every necessary of life,
even to the food of the people on importation from abroad.

16. It is thus drained of its wealth and its progress retarded:
evils which must exercise a depressing influence on the country at
large, until it possesses a fixed population, and produce of its own.

17. The mining population are proverbially migratory and unsettled
in their habits, seldom engaging in any other than their own absorbing
pursuits, and therefore, it is he who tills the soil, the industrious
farmer, who must clear the forest, bring the land into cultivation,
and build up the permanent interests and prosperity of the Colony.

18. We are for that reason most anxious to encourage the actual
settlement of the Country and that the process should commence on the
sea coast, and spread from thence as much as possible, continuously
along the course of the great rivers into the interior.

19. There are considerable tracts of level land, and some Prairie
land on Frasers River. The country on Harrisons River and lake is
less favourable for settlement, the lake about 35 miles in length,
being on all sides bounded to the waters edge, by precipitous
mountains, and not comprising, I believe, throughout its whole extent,
Five hundred (500) acres of land fit for cultivation. The valley of
Harrisons River does contain some level land, but the quality of the
soil is arid and stony.

20. Nothing however can surpass the imposing beauty of the

mountain masses and deafening cataracts of those two districts, the
admiration of every lover of the sublime and picturesque in scenery.

21. They are moreover not without value in other respects,
possessing, as they eminently do in boundless extent, fine forests
of the largest growth and finest quality, with an almost unlimited
amount of water power, readily applicable for propelling machinery at
the smallest expense.

22. With the further advantage of a safe water communication to
the sea, the inhabitants of those Districts, will doubtless turn their
attention to the export of spars and deals, which can be rafted at
little cost, to Queensborough and thence shipped to all parts of the
world, a trade that must eventually become a great source of wealth
to the country.

23. The geological phenomena observed on the banks of Harrisons
River, favour the belief that the district is auriferous, and this
opinion received corroboration from the fact that a party of French
miners, have worked the gravel beds of that river with a marked degree
of success, their joint earnings having averaged about seven dollars ($7)
a day to the man, and they are now making earnest preparations for
renewing the operation as soon as the River abates.

24. The present white population of Douglas is about one hundred
and fifty (150) souls. I was much pleased with their conduct when recently
on a visit to that place, they came forward in the most liberal manner,
after an address from me on the subject, to tender a subscription of
about Three hundred dollars ($300), and the offer of an assessment of ten
per cent on the value of their property, in aid of the road to Bridge river. I thanked them for the support thus tendered, and promised to make honorable mention of their act to Her Majesty's Government.

25. A Water power saw mill of great capacity, with a planing
and grooving Machine attached, has been lately erected on one of the
Mountain Streams that sweep through the town of Douglas and I have
no doubt that the enterprise of Mr McDonald the spirited proprietor,
will meet with a rich reward.

26. Colonel Moody is making great efforts to bring surveying
parties rapidly into the field but the survey of the site of
Queensborough, and other necessary work, has led to unavoidable delays,
and no country land has as yet been brought into market. There is
much popular clamour on that account, and should the pressure for land
be great, I think it will be advisable, to meet the emergency by
establishing some temporary system of occupation, which would enable
settlers to hold and improve certain specified tracts of land under
a preemption right until the surveys are completed, when it might
cease to be in force.

27. The declared value of Imports into British Columbia for the
quarter ending the 30th June amounts to Two Hundred and Forty seven
thousand, seven hundred and fifty-five dollars, sixty-six cents
($247,755.66) and the revenue derived from Customs duties for the same
period amounts to Four thousand one hundred and thirty-three pounds
sixteen shillings (£4133.16).

28. There is some excitement at present about the gold diggings
of Queen Charlotte's Island, and application has been made to me for
aid and protection on the part of the Government.

29. If a party of sufficient strength for self protection, can
be united for the purpose of exploring that Island and developing its
mineral resources (which I believe to be valuable) and thus form the
nucleus of a settlement, I will at once enter into communication with
the Senior Naval Officer present, requesting him if possible to detach
one of Her Majesty's Ships now here, to accompany and give the party
such aid and assistance as may be requisite on their first landing and
to remain near them until they can construct works for their protection
against the Native, who are numerous and troublesome.

30. I have only further to report the general tranquillity and
welfare of the Colony. The numbers of the Victoria Gazette mentioned
in the margin
*
are herewith enclosed.
**



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No. 22

I have the honor to acknowledge the receipt of your Despatch of
the 11h April last No 49, upon the subject of my
correspondence with the House of Assembly.

2. It is most gratifying to me to observe that you approve of
the course I pursued in directing the attention of the House to
the important step of providing for, and improving the condition
of the Indian races; and you may rest assured I shall not fail
in continuing to regard this interesting and desirable object
with the most careful solicitude.



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Hawes to Under-Secretary of State

I am directed by the Secretary of State for War to request
that the sum of £49.19.0 for Medical Instruments supplied by
the Army Medical Department to Colonel Moody's party proceeding
to British Columbia, may be paid into the hands of Sir John
Kirkland 17 Whitehall Place.



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Hawes to Under-Secretary of State

In reply to your letter of 2nd Instant respecting the
conveyance of 16 (now 26) Tons of stores to British Columbia;

I am directed by Mr Secretary Herbert to acquaint
you for the information of His Grace the Duke of Newcastle
that directions have been given for the insurance of the
stores, and to request that the Colonial Agent may be authorized
to communicate with the Principal Military Storekeeper at the
Tower on the subject, as it is essential that the measure
should be carried out under his directions



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No. 5

I have to acknowledge the receipt of your Despatch No 154 of the 14th of May containing a Report of the latest intelligence received
from British Columbia.

I have to convey to you my thanks for the information which is
supplied by your Despatch, as well as for your availing yourself of any chance opportunities of communicating to Her Majesty's Government the
most recent intelligence respecting a Colony about which so much
interest is felt in this Country.



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No. 23

I have the honor to acknowledge your Despatch No 45 of the 9h
April with enclosures, respecting the exclusion of Solicitors of
the Supreme Court of Scotland from practice in Vancouvers
Island, and conveying your instructions that I should bring
before the Local Legislature, a measure to amend the existing
order in Council, in such a manner as may lead to the admission
of Solicitors of the Supreme Court of Scotland to practice in
Vancouvers Island, and I beg to inform you in reply thereto that
immediate attention shall be given to the instructions you have
conveyed to me on this point.



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No. 24

I have the honor to forward herewith for your information a
Schedule of Despatches, addressed to Her Majestys Secretary of
State for the Colonies, for the half Year ending 30th June 1859.



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Hamilton to Merivale (Permanent Under-Secretary)

I am directed by the Lords Commissioners of Her Majesty's
Treasury to acquaint you, for the information of the Duke of
Newcastle, that My Lords have had under their consideration
the communications from the Governor of British Columbia and
Vancouver's Island transmitted in your letters of the 14th
and 17th Ultimo, relating to the Establishment of a Mint
or Refinery and Assay.

I am to observe with reference to the first of the
abovementioned letters that the observations, contained in the
letter of this Board of the 27th of May, had reference to
a proposal from the Secretary of State for the Establishment
of a Mint in British Columbia without previous communication
with the local authorities, and the question of establishing a Refinery
and Assay was regarded as a subordinate one to the larger scheme.

My Lords now learn by the despatches of Governor Douglas
of the 8th and 11th of April that, at that time, his
views were confined to the Establishment of a Government Assay
Office, as a measure of more immediate importance than the
institution of a Mint. It is hardly necessary to observe that
this proposition, being put forward as a substantive measure,
involves considerations differing essentially in character from
that first submitted to this Board.

It is not essential for the purposes of a Mint that a
Refinery should be attached to it, though probably in the case of
a Mint being established in a new Colony such an association
of distinct operations would be desirable; but, on the other
hand, My Lords are aware of no instance of a Refinery and Assay
having been carried on by Government, except in connection with
or substitution for a Mint. The reason for such a connection
is obvious, namely, that of ascertaining a process carried on under
the control of public authorities the quality of the Metal, to
which the stamp of coinage is to be affixed. It is of the nature
of a guarantee for the purity of the Coinage, which it might not
be safe to dispense with in the case of an infant community.
But the establishment of a Government Refinery and Assay
department, unconnected with a Mint, appears at first sight to
involve an encroachment on the proper limits of private
enterprize, which grave necessity could alone warrant: and My
Lords are not satisfied by the tenor of Governor Douglas'
observations that he has sufficiently mastered all the bearings
of the question to justify the adoption of his recommendation
without further enquiry. They observe that in both despatches
one of the principal advantages, which he anticipates from the
measure is that of "keeping the gold circulating in the Country."
My Lords would infer that this expression must have been
intended in some qualified sense not explained, as another object
on which the project is recommended is that of facilitating the
levying of an Export duty on gold, and they conceive that it must
be evident to every one that this metal can only be a source of
wealth to the country as a merchantable product; but when a
proposition of this nature is put forward, as a ground for an
important proceeding, their Lordships feel it right to remark on
its apparent inconsistency.

A more practical objection to the proposal arises from the
opinion expressed by Governor Douglas that "having an Assay Office
the Miner would only have to take his gold there, have it
assayed, and receive value for it."
*
It would appear from this passage that
the Governor contemplates that the proposed establishment should
undertake the operation of buying and selling gold. It is probable
that a trade of this nature is conducted by private Assayers,

**

and mutual advantage to the buyer and seller no doubt
arises from it; but the practice appears to My Lords to mark the
proper functions of a private undertaking as distinquished from
those of a Government Establishment: and the suggestion tends
to confirm them in their impression that a Refinery and Assay could
only be properly conducted by a Government Establishment, in
connection with a Mint for coinage.

My Lords are not surprised that in a thinly populated Country, in
which a source of Mineral wealth has been suddenly developed,
there should at first be some difficulty in organizing private
enterprize for the purpose of turning it to full account, but they
are persuaded that it would be a great error to attempt to
supersede such enterprize by the hasty assumption of trading
functions by the Government. It is only the circumstances that gold
constitutes a material for coinage which leads the State to
authenticate its value in any case; and apart from that consideration,
there is no reason for its interference in the assaying of Gold,
more than in the smelting of copper ore, or other Mineral products.
My Lords are satisfied that the opportunity afforded for the
profitable employment of capital will soon attract adventurers to
the Colony, and, although it may be difficult to induce
Assayers to transfer their Establishments from California to
Vancouver's Island, the want will be supplied from other sources.

Banking Establishments whose business it will be to deal in bullion,
***
will afford to the Miners an opportunity for the disposal
of their treasure. The Bank of British North America has proposed
to establish a branch in the Colony, and a new Banking Company of
London Capitalists has recently obtained a Charter for a like
purpose. The fair rivalry of respectable concerns of this nature
will afford a better guarantee to the Miner than the questionable
measure of a Government Establishment, fettered as it must be by
Government Regulations. For these reasons My Lords do not think
it advisable that any proceedings on the subject should be taken
in this Country, on the responsibility of Her Majesty's Government.
If further local experience should show the necessity for such
an Establishment,
**** their Lordships would not object to the
experiment being tried at the expense of the Colony: and they
think that, with the foregoing expression of their views, the matter
may be left to the discretion of the local authorities. It does
not seem to their Lordships that the interference of the Home
Government would be required except in the case of a Coinage.

I am, however, to observe that the despatch of Governor
Douglas enclosing a correspondence with the House of Assembly
at Vancouver's Island, respecting the Establishment of a Mint in
that Island which accompanies your letter of the 17th Ultimo,
opens a further view of the question. The recommendation that
the money to be coined in the proposed Mint, "shall be a decimal
currency of the same value as that of the United States of
America" may be considered as an answer to the enquiry contained
in the letter of this Board of the 27th of May, regarding
the character of the coinage to be adopted in case of the
establishment of a Mint. My Lords have no objection to offer
to the proposal and are willing that the question of the
Establishment of a Mint, in one or both of the Colonies in
question, should be treated as one to be determined by the
local authorities from a consideration of their own interests.
For the reason they have already given they are inclined to
doubt whether the benefits to be obtained from such an
Establishment would compensate for the expense, and they are
strongly of the opinion that, at any rate, one Mint would be
sufficient for both Colonies. They suggest that the Governor
should in case of the adoption of a proposal for the Establishment
of one Mint only, ascertain the views of both Colonies regarding
the best position of the Establishment for their Mutual benefit,
and report fully and in detail the arrangements which he would
propose for the purpose.

The conditions which My Lords would think necessary to require
are that (either in the case of one or two Mints) the Colonies
should undertake the whole expense of setting them up, and remit
as a preliminary measure a sufficient sum for the purchase of the
necessary Machinery etc. in this Country, according to the size
of the Mint which they may propose; that they should guarantee
the payment of any salaries which Her Majesty's Government may find
it necessary to offer to persons in this Country for the purpose
of securing an efficient Establishment; and that the Establishment
should be placed under the Control of the Master of Her Majesty's
Mint, and the Coins to be issued be regulated by Her Majesty in
Council in all respects conformably with the regulations adopted,
in the case of the Branch Mint at Sydney.

It is unnecessary that My Lords should enter into more
particulars in this stage of the matter, regarding the arrangements
to be adopted, as the published correspondence relating to the Establishment and working of the branch Mint at Sydney, which
have no doubt been communicated to the Governor, will give him
all the information necessary for his guidance.



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No. 186, Miscellaneous

I have duly received your Despatch No 56 of the 28th April,
in which you are pleased to acquaint me that, Her Majesty's Government have had under their consideration, the means of procuring a regular
postal service between St Francisco and British Columbia, and that
the Lords Commissoners of the Treasury, were about to issue
advertisements for tenders for this service, to be performed
fortnightly between Sn Francisco, Victoria, and Fort Langley, and
I have to return you my best thanks for this gratifying information.



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No. 187

I have duly received your Despatch No 57 of the 29th April,
transmitting the Copy of a letter from Mr John Barnston of Montreal,
relative to his sons exclusion from practice in the Courts of British
Columbia, and Vancouvers Island. I have the honor to inform you in
reply thereto, that I will take steps, at an early period, for
procuring the admission of Lawyers, educated either in Canada, or
the British Colonies generally, to practice in the courts of British
Columbia, and Vancouvers Island.



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FILE: 1859-07-06_Douglas_to_Lytton_B59188.txt
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No. 188, Military Expenses

I have the honor to acquaint you that I have received
requisitions from Colonel Moody, Commanding the Troops in British
Columbia, for the Amounts of money described on the other side
hereof
*
upon Military Account.

2. The Colonial Chest being incapable of meeting this Demand,
or any part of it, I have been necessitated to authorize the
Treasurer to obtain the Funds by Bills upon Her Majesty's Paymaster
General, who will be duly advised of their negociation.



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FILE: 1859-07-06_Douglas_to_Lytton_B59189.txt
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No. 189

I have the honor to forward to you herewith for your approval
and confirmation a Return of the provisional appointments I have
made to offices which there was an absolute necessity for establishing
in British Columbia, between the 1st January and 30th June 1859.



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FILE: 1859-07-06_Douglas_to_Lytton_B59190.txt
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No. 190

I have duly received your Despatch No 47, of the 11th
April last approving of my employment of Mr Brew in the capacity
of Chief Gold Commissioner, and of the appointment of Mr C.J.R.
Bedford as a Justice of the Peace for the District of Langley.

2. With reference thereto I have the honor to inform you that
Mr Brew having requested to be relieved of the duties of Gold
Commissioner I complied with his request, and Mr Sanders, Assistant
Gold Commissioner is now in charge of the Gold Department. Mr
Bedford having tendered his resignation I accepted it, and appointed
Mr Peter O'Reilly to be Justice of the Peace at Langley in his stead.



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FILE: 1859-07-06_Hawes_to_Merivale_Permanent_Under-Secretary_B595WA16.txt
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Hawes to Merivale (Permanent Under-Secretary)

I am directed by the Secretary of State for War to enclose
a copy of a letter received from Colonel Moody, Royal Engineers,
dated Vancouver's Island, 9th April last, in which he
requests that Colonial pay may be issued to himself and other
Officers composing the British Columbian Expedition from the
date of Commencing Colonial duty in this Country, and not from
the date of embarkation.

As the Pay of the Officers in question will cease to be
defrayed from Imperial funds from the period from which they
were available for Colonial duty, I am to request that you
will acquaint me with the date upon which each Officer commenced
such duty, so that the Imperial pay may be adjusted accordingly.



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FILE: 1859-07-06_Paget_to_Fortescue_Parliamentary_Under-Secretary_V595AD07.txt
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Paget to Fortescue (Parliamentary Under-Secretary)

Having received and laid before my Lords Comissioners of the
Admiralty, your letter of the 2nd Instant, transmitting the copy of a
Letter from the War Office forwarding a copy of a letter from
Lieutenant Colonel Hawkins in which he suggests that the Land
Buildings &c, purchased in Van Couvers Island for the use of the
surveying party under his command, should, when the duties of the
Commission are closed, be transferred to the Colonial Government at a
valuation instead of being disposed of to private parties, I am
commanded by my Lords to request, that you will move His Grace The
Duke of Newcastle, to cause the Governor of Vancouvers Island to
place himself in communication with the Senior Officer of HM Ships and
Vessels, in the Pacific with the view of ascertaining whether it is
considered desirable that the Land in question should be secured for
Naval purposes.



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FILE: 1859-07-11_Douglas_to_Lytton_B59191.txt
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No. 191

I have the honor to acknowledge the receipt upon this date
of your Despatches of the Numbers and dates noted on the other
side hereof.
*



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FILE: 1859-07-11_Douglas_to_Lytton_B59192.txt
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No. 192

I have duly received your Despatches Nos 52 and 53 of the
15th and 16th April in which you inform me that the Colonial Agent
had apprized you that some Law Books and a Saw Bench &c &c were
shipped on board the "Gomelza" on the 1st April for conveyance to
British Columbia, and in reference thereto, I have the honor to return
my thanks to you for your ready compliance with the Requisitions made
for those articles.



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FILE: 1859-07-11_Hamilton_to_Elliot_Assistant_Under-Secretary_B595TE22.txt
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Hamilton to Elliot (Assistant Under-Secretary)

With reference to your letters of 26 April last and 7th
Instant I am directed by the Lords Commissioners of Her
Majesty's Treasury to acquaint you for the information of
the Duke of Newcastle, that they regret the necessity of
proposing a vote for so large a sum on account of British
Columbia, but, under the circumstances represented, their
Lordships will submit the Estimate to Parliament for
the sum of £42.998. as recommended by His Grace.

They trust that all future expenditure, on account of
this Colony, will be defrayed from the local Revenue.



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FILE: 1859-07-12_Newcastle_to_Douglas_V597101.txt
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No. 1

I have to acknowledge your despatch No. 17 of the
14th of May last,
transmitting for the information of Her Majesty's Government, copies of
your Correspondence with the House of Assembly of Vancouvers Island up
to the 7th of May last.

From your message of the 7th respecting the erection of certain
buildings required for the public offices of the Colony, it would seem
that you informed the House of Assembly that the people of the Island
were not to defray the cost of these buildings, and that the Agent of
the Hudsons Bay Company had agreed to defray the whole of the expense.

I am at a loss to understand the ground of these proceedings. Both
you and the Agent of the Hudsons Bay Company have been fully aware that
the license to the Company was about to terminate on the 19th of May:
that on that event Her Majesty's Government had the power to repurchase
the Island "in consideration of sums expended by the Company and the
value of their establishment:" and you were directed by Mr Labouchere,
as long ago as February 1856, to send home in anticipation of that
event, the necessary accounts of what was due.
The Company were warned in January 1858, that this power of repurchase would be exercised: and there has been since a long correspondence, not yet terminated, between Her Majesty's Government and the Company as to the adjustment of accounts.

You cannot therefore have expected when incurring this expense on
the very eve of the termination of the license, that any portion of the
expense would be ultimately defrayed by Her Majesty's Government; and if
there has been any mistake on this point, I must direct you to cease at
once all farther expenditure on these buildings or other public works
except such as may be incurred with the consent of the Legislature of
Vancouvers Island.

I send you copy of the letter which I have caused to be addressed
on this subject to the Governor of the Company.



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FILE: 1859-07-12_Tennent_to_Fortescue_Parliamentary_Under-Secretary_V595TA02.txt
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Tennent to Fortescue (Parliamentary Under-Secretary)

I am directed by the Lords of the Committee of Privy Council for
Trade to acknowledge the receipt of your letter of the 28th June
transmitting with reference to previous correspondence for their
consideration a copy of a despatch from the Governor of Vancouvers
Island reporting on a proposal to declare the Port of Victoria a free
Port.

It appears from this despatch that the Port of Victoria including
Esquimault Harbour has been always maintained on the footing of a
free Port, inasmuch as no duties on Imports or Exports have been
levied; it is open to the trade of all Nations, and vessels are not
subject to any charges except a small entrance and clearance fee, on
their arrival and departure from Port.

It further appears that no duties on Imports have up to the present
time been levied at any other Port of Vancouver's Island and that
this system of free imports into the Colony is the result of a policy
having for its object to encourage trade and render Victoria an
entrepot for the North West Coast of America.

My Lords are desirous to express their concurrence in this
policy—but they think at the same time that it is important with a
view to the attainment of the object aimed at that the Governor of
Vancouvers Island should be advised to issue a Proclamation declaring
Victoria a free Port of Entry and clearance for Ships and Goods.

I am directed however to request that you will call the attention of
the Duke of Newcastle to the possibility that at some future time it
may become either expedient or necessary to impose Customs Duties for
the purpose of Revenue in the Colony of Vancouvers Island and
therefore that in issuing such a proclamation, it should be done in such
a manner as not by implication to preclude the adoption of such
duties hereafter should they be deemed necessary.

If however this necessity should hereafter arise I am to state that
it appears to My Lords that the important object of commanding a
re-export trade to neighbouring places may be secured by the
establishment of a well regulated bonding system.

With reference to the remarks of Governor Douglas upon the commercial
dependence of the British Possessions on the North West Coast of
America upon the Californian Ports, I am to observe that it is
assumed that all the Goods imported into those possessions from such
Ports, are burdened with Customs Duties charged on articles imported
for consumption in California by the general Tariff of the United
States.

This assumption implies that the bonding system does not exist in the
Californian Ports a fact (if this be so) of which My Lords were not
aware, but with regard to which they think it very desirable that
enquiry should be made through the Foreign Office from the British
Consuls at the Ports in question.



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FILE: 1859-07-13_Berens_to_Newcastle_B595MI17.txt
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Berens to Newcastle

I have the honor to transmit herewith, a copy of a letter
recently addressed by His Excellency James Douglas the Governor
of British Columbia to the Secretary of this Company, from which
it appears that Mr Douglas has addressed a letter to your
Grace by which he tenders to the Government the power of purchasing
his retired interest in the Hudson's Bay Company for a specific sum.

It has occurred to the Board of Directors of this Company
that Her Majesty's Government may consider it contrary to their
usual practice to become the purchasers of the interests of a
private individual in any Commercial undertaking and that
therefore Governor Douglas's proposition would probably not
be received with favour. Under this impression, and with a view of
relieving Her Majesty's Government of an embarrassing question
and testifying how highly the Company appreciate the long and
faithful services of Governor Douglas and at the same time, of
enabling him to retain the dignity which Her Majesty's Government
had conferred upon him, the Board have determined to make a
special exception in this case, and in the event of Her
Majesty's Government declining the proposition, to become
themselves the purchasers of Governor Douglas's retired
interest at the price which he himself has put upon it.

They have accordingly lost no time in communicating to
Governor Douglas this determination, and they trust that its
effect will be to remove all further difficulties with respect
to the definitive acceptance by Mr Douglas of the high
office to which he has been nominated.



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FILE: 1859-07-15_Douglas_to_Lytton_V59025.txt
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No. 25

I have the honor of transmitting herewith a Communication from
Mr Pemberton the Colonial Surveyor relative to the sale of
about Twenty thousand acres of land of inferior value,
consisting in a great measure, of rocks and swamp, scattered in
small portions over the four surveyed districts around Victoria.

2. Mr Pemberton therefore suggests, for the reasons stated in
his letter, viz. his inability to sell the land in question at
the established price of one pound (£1) sterling an acre, and,
consequent on the land remaining unsold, the obliteration of the
subdividing lines by fire or otherwise, and the loss of the
public outlay in the survey, that those lands may be put up for
sale on the 1st day of August next at the upset price of Four
Shillings and two pence (4/2) per acre.

3. As Mr Pemberton's views on this point appear to be
perfectly sound, I have given my sanction to the Sale of the
land in question on the terms proposed, as a Special and
exceptional case, in no way affecting the sale price of other
public lands in this Colony.

4. I do not however feel disposed to adopt Mr Pembertons
suggestion respecting the Cowitchin Country. It has for good
reasons been the invariable policy of the Government to
concentrate as much as possible the white population when
forming settlements in Districts inhabited by powerful tribes of
Indians, but that object is attainable now as fully as at any
former period in the history of this Colony, and I therefore do
not consider it expedient or advisable to close, for some time,
the Cowitchin valley against the settlement of Whites, as Mr
Pemberton suggests. To adopt such a course would naturally give
rise to much clamour and dissatisfaction among the people, and
in effect retard the legitimate progress of the Colony.



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FILE: 1859-07-16_Berens_to_Newcastle_V595HB09.txt
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Berens to Newcastle

I have the honor to acknowledge the receipt of a letter under date
the 1st instant from Mr C. Fortescue on the subject of the claims
of this Company against Her Majesty's Government in respect of
expenditure in Vancouver's Island and especially as to the Expenditure
on the Fort Rupert Coal Mine.

It is necessary that I should call your Grace's attention to what has
already passed upon the subject of this expenditure.

By the Terms of the Grant of the Island of Vancouver to this Company
of the date of the 13th January 1849 the Crown reserved to itself
the right to repurchase from this Company the Island and other
premises the subject of the Grant in consideration of payment being
made to the company of the sums laid out and expended by them upon
the Island and premises and of the value of their establishments,
property and effects then being thereon.

Under date the 20th January 1858 Mr Under Secretary Merivale
addressed a letter to the late Chairman of this Company informing him
that in pursuance of a recommendation of the Committee of the House
of Commons it was the intention of Her Majesty's Government to advise
the exercise of the power reserved to the Crown by the existing Grant
of Vancouver's Island to repurchase and take that Island from the
Hudson's Bay Company at the approaching expiration of the Company's
present trading license—namely on the 30th May 1859; and requesting
that the Directors of this Company would at their earliest
convenience furnish Her Majesty's Government with a statement of the
sums for which they might claim repayment as laid out and expended by
them in and upon the said Island and premises and as the value of
their establishments property and effects therein according to the
terms of the Grant.

In compliance with this request this Company on the 24th February
1858 transmitted to Mr Labouchere the then Colonial Secretary
certain accounts shewing the amount which they claimed to be
reimbursed to the Company on the intended resumption of Vancouver's
Island amounting in the whole to £112,810.1.9
*
and which embraced all the disbursements made by the Company
subsequently to the acquisition by them of the Island under the Grant
from Her Majesty as well as the value of the property held by them
prior to the Grant. This latter however probably should not have been
included. Under date the 28th July Lord Carnarvon in acknowledging,
by direction of the then Colonial Secretary Sir Bulwer Lytton, the
receipt of this account stated that Her Majesty's Government were of
opinion, and were legally advised, that according to the proper and
fair construction of the Grant of 13th January 1849 the obligation
of Her Majetsy's Government to compensate the Company in the event of
repurchase extended only to sums expended by the Company upon the
Island and premises as owners thereof and to the value of the
establishments property and effects of the Company being thereon and
connected with such Ownership but that they did not recognize any
obligation to compensate the Company for such of their establishments
and property as had been erected and got together in consequence of
and in relation to their commercial operations as a Company carrying
on trade with the Indians; and intimating that the Government
therefore could not hold themselves responsible as regarded the
inventories of the Goods, Stock, and Vessels referred to at the end
of the accounts which had been sent.

In reply to this communication I had the honor of addressing a letter
to Sir Bulwer Lytton under date the 9th August 1858 in which after
adverting to the previous communications above referred to I stated
that there was no wish on the part of this Company to call upon the
Government to assume any responsibility which did not fall strictly
within the terms of the Grant and stating therefore that as the
Government was legally advised that it was not under any obligation
to assume any of the establishments or other property connected with
our trading operations, the Company would raise no objection to the
principle laid down by Lord Carnarvon with respect to any property of
that class which might remain in the Island.

In reply to this letter under date September 4th 1858 Mr Under
Secretary Merivale requested us to furnish an amended account of the
sums which we considered due to this Company on the basis laid down
in the letter above referred to and accordingly on the 2nd November
1858 the account now under discussion was forwarded to Sir Bulwer
Lytton shewing a claim on the part of the Company amounting to
£46,524.12.6.

One of the items in this Account was that for the loss incurred in
searching for Coal at Fort Rupert, being the item to which Mr
Fortescue's letter of the 1st instant has immediate reference.

In now considering the question whether this Company are entitled to
be indemnified by Her Majesty's Government for this portion of their
outlay it becomes necessary to advert to the terms upon which the
repurchase was to be made, because when the Company agreed to adopt
the construction put upon the terms of the Grant by the Law Officers
of the Crown they did so under the full impression that the claim
they had sent in would be admitted except in respect of those items
which they agreed to take out of it, namely the cost of any
establishments or other property connected with their trading
operations then remaining in the Island. But if the question is now
to be determined whether they are entitled to the particular head of
expenditure now under discussion they claim the right to refer to the
construction to be put upon the provision for the repurchase of the
Island and they are quite ready to submit this question to the
decision of Sir John Coleridge as suggested by your Grace in Mr
Fortescue's letter of the 1st instant.

This Company contends that under the terms of the Grant the
repurchase could only be made upon repayment to the Company of all
sums of money which they might have laid out upon the Island and
premises as well as of the value of their establishments property and
effects then being thereon.

They contend that these terms make it incumbent on the Government to
place them exactly in the position in which they were before they
took possession of the Island under the Grant and therefore if it is
now proposed to except any portion of their expenditure as having
been unproductive
**
they rely upon the terms of the Grant as entitling them to call upon
the Government to take back all the possessions they have acquired
since the Grant was made reimbursing them for their whole
expenditure without reference to whether any portion of that
expenditure may have been productive or otherwise. They were willing
as far as their existing establishments for the purposes of their
trade were concerned to have excluded them from the valuation
and to have retained them in their own possession but as there
appears to be a difficulty in coming to any arrangement upon that
footing they consider that they have now a right to revert back to
the terms of the Grant and as I have already observed they will be
satisfied to leave it to Sir John Coleridge to decide what are their
rights under its provisions.

You will therefore be so good as to consider that this Company now
claims to be reimbursed all the outlay embraced in the accounts
forwarded to Mr Secretary Labouchere under date the 24th February
1858 except the three sums of £12,384.-.- £3,000.-.- and £12,575.-
making together £27,959.- put down as the value of the property
possessed by them before the date of the Grant and also except the
sum of £66,285.9.3

***

the value of Inventories of Goods &c
employed in the Fur Trade which will have to be modified according to
the actual circumstances when the Island is taken over.

While upon the subject of the repurchase of this Island by Her
Majesty's Government I take leave to suggest that presuming it is
clearly the intention of the Government to repurchase the Island on
the terms specified in the Grant it will be necessary for this
Company to re-convey the Island to the Crown excepting of course such
land as has been sold by them under the powers given to them by the
Grant and excepting also of course the land which this Company
previously held and which formed a part of their property
irrespective of the Grant itself for in the absence of any
reconveyance and the termination of the Grant to this Company neither
the Company as still possessing the legal Title or the Crown in
right of their repurchase will be in a position to make any Grants of
Land.

It is however to be observed that Mr Under Secretary Merivale's
letter of the 20th January 1858 is in its terms only an intimation
of the intention of Her Majesty's Government to advise the exercise
of the power to repurchase the Island, and not an express notice that
such power would be exercised and no subsequent notice has been
received by the Company of the intention so to exercise it.



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FILE: 1859-07-16_Hamilton_to_Merivale_Permanent_Under-Secretary_B595TE23.txt
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Hamilton to Merivale (Permanent Under-Secretary)

The Lords Commissioners of Her Majestys Treasury desire
me to acquaint you, for the information of the Duke of
Newcastle, that they have given directions for the acceptance
of Bills drawn by the Governor of British Columbia for the
amount of £5.000. to enable Colonel Moody to meet the
difficulty occasioned by the loss of the "Briseis" laden
with stores for the Engineers, as requested in your letter of
9th Instant.



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FILE: 1859-07-19_Berens_to_Newcastle_V595HB10.txt
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Berens to Newcastle

I have the honor to acknowledge the receipt of Mr C. Fortescue's
letter of the 12th Instant transmitting Copy of a Despatch from the
Governor of Vancouver's Island to your Grace dated the 14th May 1859
and of the documents enclosed therein on the subject of the erection
of certain Public Buildings at Victoria, together with Draft of a
Despatch which your Grace intends to address to the Governor by the
next Mail.

Your Grace is probably aware that from the time that this Company took
possession of Vancouver's Island under the Grant from the Crown they
have been looked to to provide all the funds that might be required
for its' colonization and improvement, and they have not hesitated on any
occasion, although very often at considerable inconvenience, to
advance their own monies for the purpose when they were not in funds
from receipts for the Sale of land or otherwise.

Although the Company have never yet received a distinct notice of the
intention of Her Majesty's Government to repurchase the Island at the
expiration of the License to Trade they have always assumed from Mr
Under Secretary Merivale's communication to them of the 20th January
1858 which intimated that it was the intention of the Colonial Office
to recommend the adoption of that cause, that in the result it would
be so adopted; and they have therefore since that period strongly
impressed upon the Governor, so far as the connection of the Company
with him enabled them to do so, the necessity of exercising the
greatest caution in the Government expenditure, with a view of
restricting the advances which the Company felt themselves bound to
make to what was actually necessary for the maintenance of the
Government.

Your Grace must be aware that the Officers conducting the monetary
and Commerical affairs of the Hudson's Bay Company in the Colony can
only look to the Governor representing the Home Government as the
party to determine what disbursements are required for the wants of
the Government, and if the Governor deemed it necessary that certain
Buildings should be erected for Government purposes, it would not be
the business of the Officers of this Company to express any judgment
upon the resolution he might arrive at. Nor would they, under such
circumstances, feel themselves justified in withholding the funds
that might be required for carrying out the Governor's demands. This
Company have no means of knowing what passes between the Governor and
the Colonial Office. They can only presume he acts under
instructions from the Home Government.

So far from this Company being desirous to increase their advances on
account of the Government it has been their anxious desire, ever
since they had reason to expect that it was intended to exercise the
right of repurchase, to restrict them as far as it was possible to do
so consistently with the obligations imposed upon them by the terms
of the Grant of the Island.



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FILE: 1859-07-20_Douglas_to_Lytton_V59026.txt
================================================================================

No. 26

I have the honor of transmitting herewith for the information of
Her Majesty's Government copies of my correspondence with the
House of Assembly of Vancouvers Island, up to the 15 day of July
inclusive, relative to the ordinary affairs of the Colony and
for that reason not requiring explanatory or special comment.



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FILE: 1859-07-20_Douglas_to_Lytton_V59027.txt
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No. 27

There has been much agitation lately at this place on the
subject of the sale price of country land, which up to the
present time has been maintained at the official rate of one
pound Sterling (£1) per statute acre, payable in four equal
instalments, the first five shillings (5/s) on making the purchase,
the second at the end of two years from the date of purchase,
the third at the end of three years, and the fourth at the end
of four years, with interest at the rate of 5 per cent per annum
on the respective unpaid instalments from the date of purchase.

2. The rate of One pound (£1) sterling per statute acre is
considered too high, and has become a constant subject of
complaint with the people of the colony, who believe that the
settlement of the country would be greatly advanced by a large
reduction in the sale price of land.

3. Public Meetings have lately been held at this place for the
purpose of getting up petitions and bringing to bear upon the
Government an influence sufficiently powerful to forward that
object.

4. One of those petitions signed by a large and respectable
body of immigrants chiefly from the province of Upper Canada,
makes out a truly distressing case, to the effect that in
consequence of detentions on their way hither, and the obstacles
encountered since their arrival in this Colony, their funds are
nearly exhausted, and that their remaining means would soon be
spent, and themselves rendered incapable of settling, unless
they at once obtained leave to settle on the public land; they
moreover pray that no money should be required of them for 12
months, and, that the price should be Five shillings (5/s) (1 1/4
dollars) per statute acre, payable in four years.

5. Deeply as I sympathized with the distress of the petitioners
I did not consider it prudent or advisable to make precipitate
or sweeping changes in the land regulations of the Colony,
without being first duly authorized on that behalf by Her
Majestys Government, and in that spirit, was my reply to the
petitioners framed.

6. Anxious however to relieve their distress, and to retain a
fine active body of working men in the Colony I adopted the
simple expedient of allowing a delay in the payment of the first
instalment, by which it appears to me that the desired end is
obtained, without involving a material change in the principles
of the established land regulations of the Colony.

7. Thus for instance, instead of requiring the sum of Five
Shillings (5/s) to be paid at the time of purchase, we agreed to
receive one Shilling (1/s); the next Shilling to be paid at the end of
two months; leaving the balance of the first instalment or Three
Shillings (3/s) per acre, to be added in equal proportions to
the three subsequent instalments so that the actual price of
land and the periods at which the respective instalments fall
due, remain unaltered.

8. This plan proved satisfactory to the petitioners, who are
now negotiating the purchase of such land as they want on those
terms, which I trust will, under the circumstances I have
described and as an exceptional arrangement adopted in the
emergency, meet with your approval.



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FILE: 1859-07-20_Paget_to_Merivale_Permanent_Under-Secretary_B595AD27.txt
================================================================================

Paget to Merivale (Permanent Under-Secretary)

I am commanded by my Lords Commissioners of the Admiralty
to send you herewith for the information of Her Majesty's
Secretary of State for the Colonies the copy of a letter
from Captain de Courcy of the "Pylades" dated 26th
May last, and copy of its Enclosures, reporting his
proceedings and the state of affairs at Vancouver's Island.



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FILE: 1859-07-22_Douglas_to_Lytton_B59193.txt
================================================================================

No. 193, Miscellaneous

I have duly received your Despatch No 43 of the 2nd of April,
requesting me to acquaint Captain Gosset that Sixty seven pounds (£67)
was due from him to the Naval Department on account of his passage from
Ceylon to Southampton in May 1858, and also requesting that Captain
Gosset would pay the above mentioned sum into the Treasury Chest,
and in reference thereto I have the honor to transmit herewith for
your information a letter from Captain Gosset, in which he states
that your injunctions have been complied with.



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FILE: 1859-07-22_Douglas_to_Lytton_V59028.txt
================================================================================

No. 28

With reference to my Despatch No 19 of the 6th June relative to
the frauds committed at the Custom House of Victoria, I have now
to communicate for your information, that the Attorney General
of British Columbia, and the Crown Solicitor of Vancouvers
Island who are conducting the case on behalf of the Crown, have
ascertained defalcations of revenue to the extent of Five
Hundred Pounds (£500), and though there is no real doubt that
the sum in question has been embezzled by Angelo, they find a
difficulty in establishing legal proof of that fact, and have
put off the trial from time to time, in hopes of finding
evidence to convict him.

2. In the mean time I have dismissed Mr Anderson late
Collector of the Customs, from office, on the ground that, the
many clerical errors found in the Custom House Books and
accounts and the extensive frauds committed on the revenue, by a
dishonest servant, for several months in succession, shew a
carelessness of superintendence and a remissness in management
on his part, that is altogether inexcusable.

3. I therefore feel compelled through a sense of public duty
thus to mark in the strongest manner my disapprobation of his
conduct, in the hope that it may serve as an example for the
present and as a protection for the future.

4. I beg also to remark that Mr Anderson is a relative of Sir
James Outram, and a gentleman who has uniformly maintained a
high character for intelligence and integrity.



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FILE: 1859-07-22_Hamilton_to_Merivale_Permanent_Under-Secretary_B595TE24.txt
================================================================================

Hamilton to Merivale (Permanent Under-Secretary)

I am commanded by the Lords Commissioners of Her Majesty's
Treasury to acquaint you
for the information of the Secretary of State that
the Paymaster General has been authorized to pay to Sir John
Kirkland on account of the army Medical Department the sum of
£49.19.0, for Medical Instruments supplied to Colonel
Moody's party proceeding to British Columbia, as requested
in your letter of the 16th Instant.



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FILE: 1859-07-22_Newcastle_to_Douglas_V597102.txt
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No. 2

I have to acknowledge the receipt of your despatch No. 18 of the
25th of May
containing a report of a serious affray that had occurred in
the neighbourhood of Victoria between the Indians of Fort Simpson and
large bodies of the Native Tribes of Queen Charlotte Island.

I approve of the measures which you adopted for putting an end to
the affray and for dispersing the Indians, but I take this opportunity
to caution you not to bring the Military and Naval force into service on
such occasions except where they are absolutely necessary for the support
of the Civil Power, and then to bring them out in such strength as
either to compel submission without bloodshed or (if more than a
demonstration be unhappily required) to ensure immediate success, and
thus maintain the prestige which enables the presence of the Queen's
Military or Naval force to secure order and obediance to the laws.



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FILE: 1859-07-22_Newcastle_to_Douglas_V597103.txt
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No. 3

I transmit to you herewith for your information copies of a
correspondence between the War Office, the Foreign Office, the Admiralty
and this Office on the subject of a suggestion made by Lieutenant
Colonel Hawkins that the Land, Buildings &c purchased in Vancouvers
Island for the use of the Surveying Party under his command should when
the duties of the Commission are closed be transferred to the Colonial
Government at a valuation instead of being disposed of to private
parties.

I have to request that in conformity with the wish of the Lords
Commissioners of the Admiralty expressed in their letter, of the 6th
Instant you will ascertain from the Senior Naval Officer on the Station
whether it is advisable that the Land in question should be secured for
Naval purposes.



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FILE: 1859-07-22_Newcastle_to_Douglas_V597104.txt
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No. 4

Having referred to the Lords of the Committee of Privy Council for
Trade your despatch of the 23rd of March No 9 upon the subject of
declaring Victoria a free Port, I now transmit to you for your information the Copy of the answer which their Lordships have returned to me.

In pursuance of their Lordships recommendation I have to instruct
you to issue a proclamation declaring Victoria a free Port of Entry and
Clearance for Ships and Goods.

An enquiry is being instituted by the Secretary of State for
Foreign affairs as to the existence of the Bonding system in the
Californian Ports.



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FILE: 1859-07-23_Douglas_to_Lytton_B59194.txt
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No. 194

I have the honor to acknowledge your Despatch No 63 of the
11th May transmitting for my information and guidance copies of
a correspondence with the Admiralty and other departments of State,
relative to the erection of Light Houses on certain of the salient
points of the Straits of Fuca and the approaches to Esquimalt Harbour,
and I feel deeply gratified by the intelligence conveyed in your
Despatch of the intention of Her Majesty's Government to advance the
sum of Seven Thousand Pounds (7000)
for the construction of those important
works, on the condition that one moiety of it shall be repaid by the
Colonies of Vancouver Island and British Columbia jointly, and
measures will accordingly be adopted for that purpose.

2. I observe that you have requested the Board of Trade,
immediately to send out the lanterns and light apparatus, and that
the Lords Commissioners of the Admiralty have been requested to
instruct the Naval Officers stationed here, to give me every assistance
to facilitate the work.

4. [sic] I depend greatly on Captain Richards Ret. for the
selection of the proper sites and with him I will associate a
Committee of Naval Officers and experienced Ship Masters so that
the choice may be made with due care and discrimination.

5. You may also rest assured that no time will be lost in
carrying into effect an undertaking which promises to be so highly
conducive to the commercial progress of the Country.



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FILE: 1859-07-24_Newcastle_to_Douglas_V597105.txt
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No. 5

I have to acknowledge the receipt of your Despatch No. 13, of the
25th April last, on the subject of communications which have passed
between you and the House of Assembly of Vancouver's Island relative to
the reservation by the Government of Crown Lands in the several
Districts of the Colony.

In the Imperial Act which was passed to regulate Australian Land
Sales in 1842 Parliament specified the objects for which reserves might
be made as follows.
 For public Roads or other internal communications whether by
land or water, or for the use or benefit of the aboriginal inhabitants
of the Country, or for the purposes of Military defence, or as the sites
of places for public worship, schools or other public Buildings, or as
places for the interment of the dead, or places for the recreation and
amusement of the inhabitants of any Town or Village or as the sites of
public Quays or landing places on the Sea Coast or shores of navigable
streams, or for any other purpose of public safety convenience, health or enjoyment.

This specification appears to furnish a sufficient rule as to the
nature of the Reserves to be made in a new Colony. The general
principle is indicated in the concluding words of it, viz. that Reserves
should be made for any public object requiring the use of Land, but not
for the purpose of raising a Revenue either by its cultivation or by its
sale at a future period.

While therefore I do not think it desirable to restrict the
reservation of Land to the extent proposed by the House of Assembly,
Reserves should not be made beyond what the ascertained or highly
probable wants of the public service render necessary, and should not be
used as a means of raising an income for any establishment or person.

I approve of your having declined to accede to the request of the
Assembly that the Reserves should be dealt with only according to the
views of the Legislature.



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FILE: 1859-07-25_Douglas_to_Lytton_B59195.txt
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No. 195, Military Expenses

I have the honor to enclose herewith a requisition made upon
me by Colonel Moody, Commanding the Troops in British Columbia, for
the sum of Three thousand Five Hundred pounds (£3500), to enable him to
meet payments still due on Military Account, and I beg to acquaint you
that having no Funds at my disposal wherewith I could meet this
Demand, I have been obliged to direct the Treasurer to procure
the amount by Bills upon Her Majesty's Paymaster General.



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FILE: 1859-07-25_Douglas_to_Lytton_V59029.txt
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No. 29

I have the honor of transmitting herewith for the information of
Her Majestys Government, a communication from Mr Pemberton
Surveyor General of Vancouvers Island forwarding the reports of
Mr Pearse and Mr Wells, two of his assistants descriptive of
certain districts of country at Cowichin and Nanaimo, lately
surveyed by them.

2. Those reports are accompanied by Maps illustrative of the
situation of those Districts, and of their general character as
to soil and natural productions, and therefore form interesting
additions to the topography of this Colony.

3. I would submit how desirable it would be for these Maps to
be lithographed in England and distributed there as well as sent
out here for sale and distribution in the Colony.

4. The Maps and reports are packed in a small deal case and are
forwarded by the same mail.



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FILE: 1859-07-26_Barr_to_Newcastle_B596B01.txt
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Barr to Newcastle

Her Majesty's Government having deemed it desirable to establish
a Colony in British Columbia, and having returned from Vancouver's
Island after a residence of nearly Five Years during which period I
held several important public offices (as you will perceive by the
enclosed copy of my Testimonials), I beg most respectfully to
solicit an appointment in the said Colony in any capacity that your
Lordship may consider my qualifications and experience entitled
thereto.

I may state that I have travelled some four hundred miles north
of Vancouver's Island, including Fraser's River, Fort Hope and
Thompson's River, New Caledonia, and have consequently become
acquainted with the particular manner and customs of the various
Indian Tribes, which I trust will be an additional recommendation.

I have the honor to be acquainted with the Rt. Hon. M.T. Baines,
Edward Baines Esqre M.P. and G.S. Beecroft Esqre M.P. all of
whom, I am sure, will be glad to bear Testimony to the respectability
of my connections should your Lordship think fit to refer to them.

I shall be happy to do myself the honor of waiting upon your
Lordship at any time convenient to your Lordship, and should your
Lordship deem my application worthy of an Appointment, I shall on the
shortest notice be prepared to embark for the said Colony.

Permit me to add that should I be honored with an appointment
nothing shall be wanting on my part strictly to carry out the wishes
and intentions of Her Majesty's Government requisite to the formation
and extension of such an important Colony.

Waiting your Lordship's reply,



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FILE: 1859-07-26_Douglas_to_Lytton_B59196.txt
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No. 196

I have the honor to acknowledge the receipt of your Despatches
of the Numbers and dates as noted on the other side hereof.

*



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FILE: 1859-07-26_Newcastle_to_Douglas_B597106.txt
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No. 6

I have to acknowledge the receipt of your Despatch of the 26th
May No 159 forwarding the resignation by Mr Young of the Office
of Colonial Secretary which was recently conferred upon him at your
request.

For the reason assigned in my other despatch of this day's date in
reference to the insufficiency of the Salaries of the Treasurer and the
Collector of Customs in British Columbia, I have no alternative except
to direct you to accept Mr Young's resignation, and to express my hope
that it may be in your power to replace him by selecting some Gentleman,
either well known or well recommended to you, who is now residing in
your Government, who shall be willing to give his services to you for
£500 a year.

Mr Blackwood has submitted to me a letter which Captain Gosset
has
addressed to him offering to undertake the combined duties of Treasurer
and Colonial Secretary of British Columbia. I do not perceive how it
would be possible for Captn Gosset to perform both these services as,
in his capacity of Secretary you would require his constant attendance
upon yourself in Vancouver's Island, whilst the Office of Treasurer is
supposed to demand his presence in British Columbia. At this moment,
and probably for some time to come circumstances may compel Captain
Gosset to reside in Vancouver's Island; but this will not, I conceive be
obligatory on him, after British Columbia has assumed a definite form of Government. I express, however, no opinion upon Captn Gosset's offer
and leave it to you to avail yourself of it or not according as you may
deem most advantageous for the public Service.

You will have the goodness to mention to Captn Gosset that it is
very irregular for him to correspond with any subordinate Member of this
Office upon subjects relating to his personal official position, or on
the affairs of the Colony; and that whatever he may wish to say
hereafter in reference thereto must be stated in a communication to the
Secretary of State, and forwarded through the Governor of the Colony.



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FILE: 1859-07-26_Newcastle_to_Douglas_B597107.txt
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No. 7

I have received your Despatch of the 23d May No 157 forwarding
a joint letter from the Treasurer and Collector of Customs of British
Columbia representing the inadequacy of their Salaries, and applying to
you for relief.

I much regret the inconvenience to which these Gentlemen are
exposed, though I must observe that it was by no means unknown to them
before they applied for the situations they hold that the expence of
living in Vancouvers Island and British Columbia was excessive. You will
acquaint them that as it is impossible for me to make any addition to
the Parliamentary Estimate for the service of British Columbia for this
year I can only express my readiness to entertain any proposal which you
shall make for a general increase of the Salaries of public Officers in
that Colony whenever the Colonial Revenue will bear such additional
burthen.



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FILE: 1859-07-28_Newcastle_to_Douglas_B597108.txt
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No. 8

With reference to your Despatch No 151 of the 9th of May last
I have to acquaint you that The Lords Commissioners of The Treasury have
given directions for the acceptance of the Bills drawn by you for the
amount of £5,000 to enable Colonel Moody to meet the difficulty occasioned by the loss of the Briseis as mentioned in your Despatch.



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FILE: 1859-07-28_Newcastle_to_Douglas_B597109.txt
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No. 9

I have to acknowledge the receipt of your Despatch No 156 of
the 23rd of May last respecting the System of Land Sales and Mining
Licenses.

I have little doubt that the Despatch from this Office No 62 of
the 7th of May last will have modified your views and practice as to
deferred payments. On this subject I can do no more than express my
concurrence in the views entertained by my Predecessor.



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FILE: 1859-07-29_Newcastle_to_Douglas_B597109A.txt
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Confidential

I have to acknowledge the receipt of your confidential despatch of
the 4th of last May tendering to Her Majesty's Government your
interest in the fur-trade, and in the event of that offer being declined
requesting the acceptance of your resignation of the Office of Governor
of British Columbia and Vancouvers Island.

Having perused the correspondence which has passed on the subject
of the Salary of your Office, I find that it amounts briefly to this.

On the establishment of British Columbia as a Colony my Predecessor
offered the Government to you, in conjunction with that of Vancouvers
Island, with a Salary of £1000 a year for B. Columbia, but when further
information as to the expensive character of the necessaries of life in
that country reached Sir Edward Lytton he at once stated that the Salary of the Governor of the two Colonies should be increased to £1800 a year
payable out of the Parliamentary Grant.

This sum you have since represented as inadequate whereupon Her
Majesty's Government desirous of retaining your efficient and valuable
Services sanctioned a further addition to your Salary of £1200 out of
the local receipts of the current year provided the revenue of British
Columbia amounted in the aggregate to not less than £50,000.

This despatch dated about the same time as your despatch now under
acknowledgement you will ere this have received, and I am led to hope
that you will be satisfied with its contents. You will clearly
understand that the above mentioned additional sum of £1200 shall be
annually paid to you and not regarded as an addition to your emoluments
for this year only; but always on the supposition that the income of
British Columbia amount to £50,000 a year.

I shall take an early opportunity of addressing you farther
respecting your proposal to place your interests in the fur-trade at the
disposal of H.M's Government. In the meantime that interest can remain
as at present.



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FILE: 1859-07-30_Hawes_to_Merivale_Permanent_Under-Secretary_B595WA17.txt
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Hawes to Merivale (Permanent Under-Secretary)

With reference to your letter of the 16th Instant;
I am directed by Mr Secretary Herbert to acquaint you
that the dates, on which the several Officers comprising
the British Columbia Expedition, commenced duty in this
Country in connection with their Colonial Appointments,
are as follows,

Colonel Moody 18th August 1858

Captain Grant 21st August —

Captain Parsons 1st September

Captain Luard 1st September

Lieut Lempriere 1st September

Lieutt Palmer 10th September 1858.



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FILE: 1859-08-01_Bathurst_to_Under-Secretary_of_State_V595CO01.txt
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Bathurst to Under-Secretary of State

I am directed by the Lord President of the Council to transmit to you
the enclosed Order of Her Majesty in Council of the 29th Ult: for
leaving to their operation three Acts passed in Vancouver's Island in
August 1858, Nos 4, 5, & 6; to amend the Law relating to Licensing
of Inns &c; Bill of Supply; & to amend the law relating to Inns &
Beer Houses; 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: 1859-08-01_Douglas_to_Lytton_V59030.txt
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No. 30

I have the honor to acknowledge the receipt of your Despatch
No 58 of the 30th April last enclosing for my information and
guidance the copy of a correspondence with the Foreign office on the
subject of the attempts then being made by certain American Citizens
to survey and occupy the island ofSan Juan in the Gulf of Georgia
and instructing me to pursue the course indicated by the Earl of
Malmesbury for maintaining the right of the British Crown to the Island.

2. In pursuance of those instructions I appointed John F. de
Courcy Esqre to the office of Justice of the Peace for the
district of San Juan vice J.C. Griffin Esqr whose commission
as Justice of the Peace had lately expired.

3. I have now the honor to communicate for the information of
Her Majestys Government that a detachment of United States
troops landed some days ago on the Island of San Juan, without
any previous intimation of their intentions to this Government,
for the purpose of permanently occupying the same, as you will
observe from a communication which I received from Mr de Courcy
on the 30th July, herewith enclosed. That officer having
according to his instructions proceeded to introduce himself to
Captain Picqett [Pickett]
(the United States officer in command of the
detachment,) in his official capacity and to inform that officer
that his instructions required him to warn off all persons
attempting to assert any rights of occupancy as against the
British Dominion in the island of San Juan.

4. Mr de Courcy's communication contains Captn Piquets reply
which only goes to shew that the sovereignty of Her Majesty over
the Island of San Juan was not acknowledged by the Government of
the United States and that the occupation of the Island by
United States Troops was to be permanent.

5. Mr de Courcy also states that he overheard Captn
Piequett promise protection to any and every American Citizen
who might think proper to squat on the Island of San Juan,
adding also that they had a right to squat on any part of that
Island.

6. On receiving intelligence of that proceeding I lost no time
in making a demand on Captain M. de Courcy the Senior Naval
officer, in command of Her Majestys Ships stationed here for a
powerful vessel of War to be despatched immediately to San Juan,
and requested him to instruct the officers in command to prevent
the landing of further armed parties of the United States
soldiers for purposes of occupation as well as the erection of
fortifications of any description by the party already on the
Island. A copy of those instructions dated 29 July 1859 is
herewith transmitted for your information.

7. Her Majestys Ship Tribune under command of Capt Hornby was
accordingly despatched the same day with instructions to that
effect. Mr Cary Her Majestys Attorney General who zealously
volunteered his services for the occasion also repaired to the
Island of San Juan for the purpose of preventing any illegality
in the proceedings of the Magistrate there as it was resolved
that all our measures against the persons who had landed, and
were occupying the land on San Juan should be carried out by the
ordinary exercise of the civil power.

8. These are the first hurried steps which I adopted feeling
assured that bold and decided measures in the first instance,
would have the effect of arresting further attempts to occupy
the Island and that as collision was inevitable in the event of
both Governments asserting extreme rights of possession it was
better to have to cope with a small detachment, than to wait
until reinforcements from Washington Territory, should make their
dislodg[e]ment impracticable with our present force.

9. My own duty was also clearly defined by the instructions
conveyed to me, in Secretary Sir George Grays [Grey's] Despatch
No 5 of the 21 September 1854 which authorizes me to continue
to treat those islands as part of the British Dominions.

10. In the evening of the 30th July I received a Despatch from
Mr Attorney General Cary, herewith transmitted, representing the
American force as more powerful than had been reported to us and
that the British force under the command of Capn Hornby could
not effect the object we proposed without a strong probability
of resistance.

11. I therefore immediately entered again into communication
with Captain de Courcy, suggesting that another powerful vessel
of War might be despatched to the spot trusting that the
exhibition of an overwhelming force might prevent resistance and
the probable effusion of blood.

12. In a personal conference the same evening with Captains de
Courcy and Richards R.N. they expressed a very strong opinion on
the proposed employment of Her Majestys forces against the
Troops of the United States and suggested that milder measures
should be first tried, professing however their readiness to
receive my instructions, at the same time entering their protest
against any forcible demonstration.

13. Out of respect to the opinion of these officers, and
especially as I felt assured that the measures of Government
could not be carried into effect with the requisite spirit and
vigour unless the officers intrusted with their execution were
cordial in their support I agreed to a modification of the
instructions issued to Capn Hornby directing him to prevent the
landing of armed parties of United States troops and the
erection of Military works by the party already on the Island,
which part of his instructions was revoked and the Magistrate
Mr de Courcy has [been] directed not to issue any process against the
United States detachment of Troops then on San Juan.

14. Captain de Courcy further suggested that the detachment of
supernumerary Marines stationed in British Columbia should be
recalled for service under his command in San Juan and Her
Majestys ship Plumper was accordingly despatched yesterday
morning to New Westminster for that purpose.

15. It was also suggested that Captain Prevost Her Majestys
Commissioner for the settlement of the water boundary should
immediately enter into communication with Mr Campbell the
United States Commissioner to ascertain if the Military
occupation of the Island of San Juan by United States Troops
had taken place with the sanction of the United States
Government, and if not to urge him to use his influence with
General Harney commanding the Troops in Washington Territory to
refrain from taking a course wh was likely to produce collision
and interrupt the harmonious relations subsisting
between the United States and Great Britain.

16. I ad[d]ressed

in consequence a communication to Capt Prevost requesting him
to pursue that course. It was also arranged in the same
personal conference that the "Pylades" should leave today to
reinforce the detachment of ships under command of Captain Hornby
at San Juan.

17. That measure has however not been carried into effect as
Captain de Courcy waited upon me this day at 11 a.m. accompanied
by Coln Hawkins Her Majestys Boundary Commissioner to suggest
the importance of conveying intelligence of the occupation of
San Juan to Her Majestys Government without delay, and as with
diligence there is still time to overtake the Mail Steamer
leaving St Francisco on 5th August, Captain de Courcy proposes
to convey such intelligence immediately to St Francisco by Her
Majestys Ship Pylades. To that course I see many serious
objections especially the detachment of so powerful a ship on a
distant service at such a critical time.

18. I ought here to inform you that I submitted my plan of
operations with respect to San Juan, to the Legislative Council
of Vancouver's Island for their consideration, and that it met
with their entire approval and they promised to give me their
most earnest aid and cordial support in my attempts to assert the
rights of the British Crown over San Juan.

19. I thought it due to the suggestions of Captain de Courcy
made this morning to summon a Council composed of the chief
officers of Vancouvers Island and British Colubmia now present
in Victoria, at which Captain de Courcy and Colonel Hawkins were
also present and assisted.

20. The result of their consultation has been handed to me and
is embodied in the accompanying address recommending for the
reasons therein set forth the withdrawal of all British subjects
from the Island of San Juan, under protest against the act of
hostility which has rendered such a step necessary.

21. I feel assured that not one of the gentlemen who have
attached their signatures, would have hesitated one moment in
hazarding life and property in their countrys defence, the
difficulty in the present case is that they do not know that San
Juan is their country. I therefore profoundly respect their
motives; though I still believe that vigorous measures on our
part would soon dispose of the question in our favour. A policy
of national concession is always mischievous and in the case of
these Colonies dangerous.

22. I have thrown these hurried remarks together for your
information on the subject of this dispute, so recklessly
excited by the acts of the United States, which appears the more
remarkable as they appear causeless, adding neither to the force
nor the justice of whatever claims they may have to the Island
of San Juan.

23. I have not had time to weigh the measures recommended by
the Council held to day, neither am I certain they can be
carried out, without a complete sacrifice of British interests,
but Her Majesty's Government may rest assured that I will not
adopt any reckless or inconsiderate course.

24. I have further to request that you will favour me with your
instructions by the return of Post.

25. Colonel Hawkins having volunteered to take home this
despatch I beg to refer you to that officer for further
information respecting this virtual invasion of San Juan, as I
must despatch him immediately, in order to save the mail.

26. At the moment of closing this despatch Captain Prevost has
returned from an unsuccessful mission in search of Mr Campbell,
and has handed me the report of his proceedings which I now
enclose.



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FILE: 1859-08-01_Newcastle_to_Douglas_V597106.txt
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No. 6

With reference to my Despatch No. 1, of the 12th Ultimo, I
transmit to you for your information a Copy of the answer which has been
received from the Hudson's Bay Company to the Letter which I caused to be
addressed to them on the 12th Ultimo on the subject of the erection
of certain Public Buildings at Victoria.



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FILE: 1859-08-02_Hamilton_to_Merivale_Permanent_Under-Secretary_B595TE25.txt
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Hamilton to Merivale (Permanent Under-Secretary)

I am commanded by the Lords Commissioners of Her Majesty's
Treasury to acquaint you for the information of the Secretary
of State that the Paymaster General has been authorized to accept
and pay the following 6 Bills drawn by the Governor of British
Columbia on account of Army Services vizt;

No 44 — 6 June 1859 — £ 240

" 45 — " — 260

" 46 — " — 200

" 47 — " — 300

" 48 — " — 2,000

" 49 — " —  180

 £3,180



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FILE: 1859-08-04_Arbuthnot_to_Merivale_Permanent_Under-Secretary_V595TE03.txt
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Arbuthnot to Merivale (Permanent Under-Secretary)

I am commanded by the Lords Commissoners of Her Majesty's Treasury to
acquaint you, for the information of the Duke of Newcastle, that
since the date of their letter of 4th May last, they have considered
that it would be more consistent to provide the sum of £7000 for the
erection of two Lighthouses in Vancouver's Island in the Estimate for Lighthouses abroad.

I am to transmit copy of a letter from the Board of Trade and to state that their Lordships agree with the opinion therein expressed that all sums advanced in the Colony on account of the Lighthouses
should be drawn for upon, and all accounts in respect of the Works
carried on in the Colony rendered to, the Board of Trade.

I am to request that, if His Grace approves of this arrangement,
instructions may be given to the Governor of British Columbia, as
requested by the Board of Trade.



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FILE: 1859-08-05_Newcastle_to_Douglas_B597110.txt
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No. 10

I have had under my consideration your despatch No 39 of the
30th November last, requesting instructions as to the disposal of
Convicts sentenced to transportation in British Columbia. In reply I
have to
inform you that no British Colony remains available for the reception of
Offenders sentenced to Penal Servitude or Transportation in any places
out of the United Kingdom, and that the only resource available for
their punishment is imprisonment with hard labor in the Country where
their offences are committed.



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FILE: 1859-08-05_Newcastle_to_Douglas_V597107.txt
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No. 7

I have received and have had under my consideration three Acts
passed by the Legislature of Vancouvers Island in the month of August 1858 and transmitted to me in your Despatch noted in the Margin
*

I have reported to Her Majesty in Coucil my opinion that the said
Act might be left to their operation, and I have the honor to transmit
to you herewith an Order of Her Majesty in Council, dated the 29th
July last approving that Report.



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FILE: 1859-08-06_Newcastle_to_Douglas_B597111.txt
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No. 11

I have to acquaint you that on the application of Messrs
Cox & Co I
have requested the Lords Commissoners of the Treasury to issue to them
as Agents for Colonel Moody the balance of Salary due to Colonel Moody
as Commissioner of Lands and Works up to 31st March last.

As you had so recently reported the inability of the Colonial
resources to meet the expences of the Engineer party, I felt that I had
no alternative but to recommend to the Lords Commissioners of the
Treasury that this payment should be added to the advances already made
for this service. But I must remind you that the Colonial pay of
Colonel Moody is to be paid from the Colonial Revenue, and that it
cannot continue to be advanced from Imperial funds, unless there should
be no means in the Colony of meeting the charge, in which case it will
be necessary that you should specially report the circumstance to the
Secretary of State.



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FILE: 1859-08-06_Paget_to_Merivale_Permanent_Under-Secretary_V595AD08.txt
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Paget to Merivale (Permanent Under-Secretary)

I am commanded by my Lords Commissioners of the Admiralty to send you
herewith, for the information of Her Majesty's Secretary of State for
the Colonies, an Extract from a Letter, dated the 10th June, from
Captain DeCourcy of H.M. Ship Pylades, relative to the state of
affairs in Vancouver Island.



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FILE: 1859-08-08_Douglas_to_Lytton_B59202.txt
================================================================================

No. 202

I have the honor to acknowledge the receipt of your Despatches
on this date of the numbers and dates as noted on the other side
hereof.

*



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FILE: 1859-08-08_Douglas_to_Lytton_V59031.txt
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No. 31

In continuation of my Despatch No 30 of the 1st Augt I have
the honor to acquaint you that after mature reflection, and with
every deference to the opinion of the council I had called,
upon the subject of the occupation of the Island of San Juan by
a body of American Troops, I came to the conclusion that I could
not abandon the Island to such an occupation, and I determined
to land a body of British Troops so that the occupation might at
least be a joint one.

2. For this purpose I addressed a letter of instructions to
Captain Hornby of Her Majesty's ship Tribune, a copy of which I
enclose, but I regret to say that Captain Hornby did not deem it
advisable to carry out those instructions, for the reasons which
will be found detailed in his report.

3. I cannot but regret that circumstance for I feel satisfied
that the absence of a movement of this kind has only increased
the confidence of the occupying party; and it places me in a
difficult position, for so much time having elapsed, the
carrying out of the movement at this period, deprives it of most
of its force.

4. I shall therefore now act as circumstances may demand.

5. The greatest excitement has arisen all over the Country, and
rumours are rife that a large body of men are arming in
Washington Territory, and Oregon to move Northward to assist, if
need be, in the protection of their Flag.

6. I am happy to say that Admiral Baynes arrived at Vancouver's
Island in Her Majesty's Ship Ganges on the 5th Instant, so that
the Naval force, now on the spot, consists of Her Majesty's
Ships "Ganges", "Pylades", "Tribune", "Satellite" & "Plumper."

7. I forward the undermentioned Documents all having bearing
upon the subject under discussion.

Copy of a message I addressed to the Legislative Council and
House of Assembly—Enclosures No 6, 7, 8 and 9.

Copy of a Report from Captain Prevost dated 5th Augt
forwarding correspondence with the United States Commissioner,
Enclosure Nos 10, 11, 12, 13, 14.

I trust you will pardon the brevity of this Despatch, but the
departure of the mail being earlier than was anticipated, I am
much pressed for time.



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FILE: 1859-08-08_Douglas_to_Lytton_V59032.txt
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No. 32

I have the honor to acknowledge the receipt, within the hour, of
your Despatch No 78 of the 16th June last, transmitting for my
information and guidance the copy of a letter from the Board of
Trade, enclosing a further memorandum from Captain Sulivan with
two drawings, on the subject of the erection of Light Houses in
Fucas Straits and the approaches to Esquimalt Harbour, and as the
mail Steamer will leave immediately for San Francisco, I will hastily
reply to the subjects requiring immediate attention.

2. I have perused with much attention Captain Sulivans
Memorandum on the Subject of those Lights and examined the two
drawings shewing the dimensions which will be required at the
top of the Towers: and I have to thank him for many valuable
suggestions with regard to their construction.

3. I think it will in all respects be advisable especially in
the present state of our relations with the Federal Authorities
of Washington Territory to send the Lanterns and Light apparatus
by a Sailing vessel round Cape Horn as their conveyance by
Panama would be very expensive, and the Lanterns might be
injured in the frequent transhipments necessary by that route.

4. The Hudson's Bay Company's annual Ship will leave London for
this place in the month of September next, and if the Shipment
of all the Light House apparatus, which I beg strongly to
recommend, be made by that vessel, we might reasonably calculate
on their safe arrival here in January next, within Six weeks of
the time attainable by the Panama route.

5. I have also to remark in reply to the enquiry in Captain
Sulivan's letter that there is no competent person here for
superintending the fitting of the Lanterns and Light apparatus
and I therefore beg that one may be sent out by the same Ship,
for the purpose.

6. I would also recommend that two competent men, as head Light
Keepers, may be sent out to manage the lights and to instruct
others as no such men can be obtained in this country.

Something over the pay and allowances usually made to such men
in England, may be safely promised for their Services in this
Country.

7. The proposed height of the Towers required for the
arrangement of the light conductors will be furnished as soon as
possible.



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FILE: 1859-08-10_Berens_to_Newcastle_V595HB11.txt
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Berens to Newcastle

Referring to my letter to your Grace of the 19th ultimo, I think it
right to acquaint your Grace that we have recently received advices
from our manager in Vancouver's Island, from which we learn that
Governor Douglas has applied to him for advances on account of the
Government subsequently to the 30th of May last, when the License
expired; and that in conformity with the instructions we had
previously given not to make advances after that period, he refused
the application.

This circumstance I think, fully confirms the statement in my letter
of the 19th ultimo, that the Company had no desire to make any
advances, beyond meeting the demands of the Governor under the terms
of the Grant. So soon as that obligation was removed by the expiry
of the License, the representative of the Company declined to meet
the Governor's requisitions, which I trust may be in accordance with
your Grace's views.



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FILE: 1859-08-11_Hammond_to_Merivale_Permanent_Under-Secretary_V595FO08.txt
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Hammond to Merivale (Permanent Under-Secretary)

In reply to your letter of the 27th Ultimo requesting that Enquiries
might be made whether the bonding system does or does not exist in
the Californian Ports, I am directed by Lord John Russell to inform
you that Mr Booker, Her Majesty's Consul at San Francisco, who is at
present in this Country has reported, in reply to a reference made to
him on this Subject, that the Bonding System does Exist in
Californian Ports, but that the Law, which is a federal one, requires
that the Importer and one other person shall enter into Bonds for the
due payment of the Duty, or for the Export of the goods within three
years.



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FILE: 1859-08-11_Murdoch_to_Merivale_Permanent_Under-Secretary_B595LN10.txt
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Murdoch to Merivale (Permanent Under-Secretary)

I have to acknowledge your letter of 2nd instant,
enclosing a Despatch from the Governor of British Columbia,
on the subject of the disposal of Crown Lands in that Colony.

2. On 7th February last Sir E. Bulwer Lytton
addressed a Despatch to Governor Douglas, explaining the
principles on which Land should be disposed of in British
Columbia. But on the 14th February the Governor had
issued a Proclamation in the Colony on the same subject,
which he forwarded to the Secretary of State in a
Despatch dated 19th February. The two Despatches
crossed of course on the road. On examining Governor Douglas' Proclamation it was found that the only material
difference between his regulations and Sir E. Bulwer Lytton's
instructions was in respect to the mode of requiring payment
for Land sold. Governor Douglas allowed the payment to be
made in two equal instalments with an interval of two years.
Sir E. Bulwer Lytton required payment down. In our Report
of 28th April last we recommended, that to avoid
confusion Governor Douglas' Proclamation should be allowed
to remain in force, but that whenever new Regulations were
issued the mode of payment should be altered in conformity
with the Secretary of State's Instructions.

3. Governor Douglas' present Despatch is an answer to
Sir E. Bulwer Lytton's Despatch of 7th February before
referred to, and is therefore now out of date. The only
important points in it are the statement that some of the
Town Lots in Langley were sold at the rate of £560 an
Acre, and that it has been decided to give up the system
of Licenses to dig for Gold and to substitute an Export
duty on Gold and a direct Tax on Miners, from both of
which measures a large amount of Revenue is expected.
The impossibility of maintaining the licences was anticipated
from the experience of Victoria, whether the export duty
can be made to answer with the American Frontier so close
is a matter on which only those on the spot can form an opinion.

4. Governor Douglas evidently adheres to his preference
of paying for Land by instalments rather than by money down,
but admits that prompt payment may be introduced when the
Country has become more settled and Land more valuable. Upon
this point, however, he has already received instructions in
Sir E. Bulwer Lytton's Despatch of May last. Nothing,
therefore, remains to be done on his present Despatch but to
acknowledge its receipt and to refer him to the instructions
which he has received.



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FILE: 1859-08-11_Newcastle_to_Douglas_V597108.txt
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No. 8

With reference to my Predecessor's despatch No. 63 of the 11th
May last on the subject of the erection of Lighthouses in Fucas Strait
and the Approaches to Esquimalt Harbour.

I transmit for your information and guidance the copy of a letter
from the Treasury with one from the Board of Trade, relative to the
manner in which the payments should be made on this account, and I have
to request that you will act in compliance with their Lordships views as
signified in this letter.



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FILE: 1859-08-12_Douglas_to_Lytton_V59033.txt
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No. 33

I have the honor to forward to you herewith the Copy of a
Despatch which I received late on the evening of the 10th
Instant from Brigadier General Harney of the United States Army,
Commanding the Troops in Washington Territory, referring to the
subject of the occupation of San Juan Island by a body of United
States Troops, and acquainting me with the reasons which induced
him to undertake such a movement.

2. It will be noticed that General Harney does not touch upon
the question of sovereignty. He states that he

placed a Military Command upon the Island of San Juan to protect
the American Citizens residing on the Island from the insults
and indignities which the British Authorities of Vancouver's
Island, and the establishment of the Hudson's Bay Company have
recently offered them, by sending a British Ship of War from
Vancouver's Island to convey the Chief Factor of the Hudson's
Bay Company to San Juan, for the purpose of seizing an American
Citizen, and forcibly transporting him to Vancouver's Island to
be tried by British Laws.

3. It is therefore evident that the occupation of the Island is
owing solely to orders issued by General Harney.

4. Did the reasons for the movement, which he alleges, exist,
they would not justify him in acting as he has done by placing
American Troops upon San Juan without giving me the slightest
previous intimation; but the reasons do not exist; the tale
which has been imposed upon him is a fabrication. No British
Man of War was sent from Vancouver's Island, with the Chief
Factor of the Hudson's Bay Company, to seize an American
Citizen, and to transport him to Vancouver's Island; nor has any
act of a like nature ever happened. On the contrary although
numbers of American Citizens have recently squatted upon San Juan, no interference with them has occurred, or has even been
contemplated. They have been allowed to remain unmolested, out
of respect and consideration for the friendly Government to
which they belonged, and which Government we felt well assured
would readily atone for any wrong done by its Citizens.

5. It being, therefore, clearly established that the military
occupation of San Juan has been undertaken without the knowledge
or authority of the Government of the United States, and upon
grounds that are entirely false, both in fact and in principle,
national courtesy demands that the question should be referred
to the Federal Cabinet; as we have no right to presume that they
will for one moment support the course adopted by General
Harney.

6. Under that course it would be very easy for me, in following
no more than the ordinary line of my duty, to plunge the two
Countries into all the agonies of a deadly contest—indeed the
greatest prudence is required to avoid it—but I can scarcely
presume that Her Majestys Government would desire or approve of
such a measure, and now I conceive, under the circumstances, it
would not be the most dignified mode of action that could be
adopted.

7. Her Majesty's Government may rest assured that I will act
with all discretion and forbearance to prevent a collision, but
the danger is imminent, and we know not at what moment a
collision may be forced upon us. One Hundred and fifty
additional United States Troops were landed upon San Juan the
day before yesterday, and it is confidently rumoured that
Five hundred more are on their way thither from the Columbia
River.

8. I would observe that but a few days prior to the occupation
of San Juan, General Harney, who had been on a tour of
inspection in Puget Sound, visited Victoria, and waited upon me.
He made no complaint to me of the treatment of any American
Citizens with the "insults and indignities" which he now
asserts, and yet at that time he must, I should think, have been
in full possession of all the points of the fancied grievance as
he now gives it, for he had landed upon San Juan just before,
and, doubtless, was in communication with the American Citizens
there, and his silence, although not inexplicable, is
significant, when viewed in connection with the general order
issued on the Island by Captain Pickett (Enclosure No 7 in
Despatch No 31) and with the different complexion which the
whole matter now bears.

9. I have not yet replied to General Harney's Despatch, but I
propose to do so to the effect that, having clearly stated the
reasons which led to his ordering a military occupation of the
Island, and as such reasons do not exist, there can be no
necessity for a continuance of such occupation, & I shall,
therefore, beg him to withdraw the Troops now upon San Juan.



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FILE: 1859-08-12_Douglas_to_Lytton_V59034.txt
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No. 34

I have the honor of transmitting herewith for the information of
Her Majesty's Government, the copy of a Message which I
addressed to the Legislative Council and House of Assembly of
Vancouvers Island on the 3rd day of August instant and of an
Address in reply which I have just received from the House of
Assembly, respecting the late occupation of San Juan by a
Detachment of United States Troops.

2. I beg to call your attention to the recommendation of the
House of Assembly, that greater encouragment should be given to
emigrants from the United Kingdom than is now possible under the
existing law regulating the Sale price of public land in
Vancouvers Island, in order to insure the rapid settlement of
the Country with a British population; a suggestion which I
conceive worthy of our most serious attention.



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FILE: 1859-08-12_Hawes_to_Merivale_Permanent_Under-Secretary_B595WA18.txt
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Hawes to Merivale (Permanent Under-Secretary)

I am directed by Mr Secretary Herbert to refer to the
Letters addressed to you on the 2nd March and 7th
June last, reporting a Claim of £12,143.4.0, on account of
Stores &c supplied for Service of the Royal Engineers
proceeding to British Columbia, and to request that you will
move the Secretary of State for the Colonies to cause the
above Amount to be transferred in the Books of the Paymaster
General to the credit of this Department.



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FILE: 1859-08-15_Douglas_to_Lytton_B59197.txt
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No. 197

I have the honor to acknowledge your Despatch No 59 of the
30th April enclosing for my information the Copy of a Report
from Her Majesty's Colonial Land and Emigration Commissioner in
respect to reserving the Coal and Timber both of British Columbia
and Vancouver's Island for Government purposes.

2. From a careful perusal of that Report, I am able to learn
that experience in such reservations does not point them out as
being salutary, and that in the case of Colonies where they
have been made, they have been wisely discontinued.

3. I will therefore in conformity with the views you have
expressed on the subject make no reserves of Coal or Timber for
Government purposes in British Columbia and Vancouvers Island
my own limited experience having further satisfied me that such
reserves are vexatious and unnecessary.



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FILE: 1859-08-15_Douglas_to_Lytton_B59198.txt
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No. 198

I have duly received your Despatch No 66 of the 19th
May, transmitting five copies of the Rules and Regulations and
the Table of Fees, for the use of the Officers of the Vice
Admiralty Court in British Columbia.



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FILE: 1859-08-15_Douglas_to_Lytton_B59199.txt
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No. 199

I have the honor to acknowledge the receipt of your Despatch
No 67 of the 20th May, and I have to express my gratification
on learning that the measures I had adopted in reference to the
treatment of the Native Races, have met with the approval of Her
Majesty's Government, as well as the proposed arrangement for their
future sustenance and improvement; and Her Majesty's Government
may rest assured that due care will be taken that the proposed
places may in no way interfere with the progress of the white Colonists.



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FILE: 1859-08-15_Douglas_to_Lytton_B59200.txt
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No. 200

I have duly received your Despatch No 68 of the 21st May
transmitting for my information copies of a correspondence with
the Bishop of London and British Columbia, in reference to the position
of the Revd W.B. Crickmer, to which due attention shall be given.



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FILE: 1859-08-15_Douglas_to_Lytton_V59035.txt
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No. 35

I have the honor to acknowledge the receipt of your Despatch No
69 of the 22nd May transmitting the copy of a further Despatch
from Her Majesty's Minister at Washington, with enclosures,
respecting the repayment of the sums advanced by me, to the
authorities of Washington Territory, and I have to return my
sincere thanks to Her Majesty's Government for the trouble they
have taken in effecting the repayment of the loan, which has now
been refunded, with interest.



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FILE: 1859-08-15_Hamilton_to_Merivale_Permanent_Under-Secretary_B595TE26.txt
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Hamilton to Merivale (Permanent Under-Secretary)

In reply to your Letter of the 6th Inst., enclosing
a copy of the Despatch from the Governor of British Columbia,
submitting a Design for a Postage Stamp for the use of that
Colony, I am directed by the Lords Commissioners of Her
Majesty's Treasury to acquaint you, for the information of the
Duke of Newcastle, that the Agents General for Crown Colonies
have been authorized to procure a Die, and to forward to the
Governor of British Columbia, one thousand sheets of stamps,
according to the Pattern and of a yellow colour, as requested,
together with three dozen obliterating Dies, and the other
Articles mentioned in the Despatch.



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FILE: 1859-08-16_Douglas_to_Lytton_B59201.txt
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No. 201

I have the honor of transmitting for your information the
Report of an overland journey of Survey in the Districts of
British Columbia, bordering on the Thompson, Fraser, and Harrison
Rivers, undertaken at my request by Captain Richards of Her
Majesty's Ship Plumper, and conducted by Lieutenant Richard
Mayne, of that Ship, who has performed the service on which
he was detached with a degree of success and ability, creditable
alike to the talents and enterprise of that useful and active Officer.

2. The Report contains much interesting topographical
information and is accompanied by a valuable explanatory map of
the Countries described.

3. I would submit how desirable it would be to have this
map lithographed in England and distributed there, and a few sets
sent out for sale and distribution in the Colony.



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FILE: 1859-08-16_Douglas_to_Lytton_V59036.txt
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No. 36

1. I have the honor to acknowledge the receipt of your Despatch
No 73 of the 2nd of June last, transmitting to me the copy of
a letter from the Hudsons Bay Company, and of the answer which
you had caused to be returned to it, respecting the employment
of the Reverend Edward Cridge as Chaplain in Vancouvers Island.

2. According to Your request, I shall not fail to submit to the
decision of the Legislature, the proposal of Mr Cridge to enter
into a fresh agreement to act in that capacity.



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FILE: 1859-08-16_Newcastle_to_Douglas_B597112.txt
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No. 12

I have to acknowledge the receipt of your despatch No 20 of the
8th June, requesting that directions might be given for a supply of
Postage Stamps and other articles specified for the use of the Post
Office in Vancouvers Island and British Columbia, and I transmit to you the copy of a letter from the Treasury, stating that instructions have been given to the Agent General to procure these articles and forward
them without delay.



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FILE: 1859-08-17_Douglas_to_Lytton_B59203.txt
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No. 203

I have the honor to acknowledge the receipt of your Despatch
No 75 of the 3rd June last, conveying your thanks for the
specimen of Bridge River Gold forwarded with my Despatch No
136 of the 12th April last, which I am glad to learn you have
duly received.



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FILE: 1859-08-17_Douglas_to_Lytton_B59204.txt
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No. 204

I have the honor to acknowledge the receipt of your Despatch
of the 5th May last, No 61, conveying to me Her Majesty's
Commands as to the designation to be conferred upon the capital
of British Columbia.

2. I have announced by Proclamation Her Majesty's decision
and that the Town heretofore known as Queensborough shall, in
pursuance of Her Majesty's pleasure, be henceforth called the
City of New Westminster.

3. I forward herewith a copy of the Victoria Gazette,
containing the Proclamation in question.

4. I beg you will offer to Her Most gracious Majesty our
dutiful acknowledgements for Her kindness and consideration in
according to our wishes in this matter.



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FILE: 1859-08-17_Douglas_to_Lytton_B59205.txt
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No. 205

1. I have the honor to acknowledge the receipt of your Despatch
No 76 of the 4th of June last, expressing your satisfaction
that we had been able to pay the entire cost of constructing the
Route by Harrisons River, out of the Revenues of British Columbia.



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FILE: 1859-08-17_Douglas_to_Lytton_V59037.txt
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No. 37

1. I have the honor to acknowledge the receipt of your Despatch
No 77 of the 10th June last, transmitting for my information a
letter from the Foreign Office enclosing a Despatch from Her
Majestys Minister at Washington with the copy of a note which he
had addressed to General Cass, with reference to the intrusion
of Citizens of the United States into the Island of San Juan.

2. Those Despatches I have perused with much interest, as the
subject has assumed an unusual degree of importance in
consequence of the late military occupation of that island by
the Troops of the United States.



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FILE: 1859-08-17_Douglas_to_Lytton_V59038.txt
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No. 38

1. I have the honor to acknowledge the receipt of your Despatch
No 72 of the 1st of June last, with reference to the Address
of the House of Assembly of Vancouvers Island praying that Her
Majesty's Government would send Commissioners to the Island to
investigate the affairs of the Colony, before releasing the
Hudsons Bay Company from their responsible government, and
directing me to state to the House of Assembly that you are
unable to entertain the prayer of their address, and if
necessary to take any steps upon it, until you shall be made
acquainted with the Specific grounds on which it is preferred,
and with the nature of the evidence which would be submitted
to such Commissioners on the several questions which the
Assembly consider to demand investigation.

2. I have to state in reply that I will take an early
opportunity of communicating with the House of Assembly in
reference to those your instructions.



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FILE: 1859-08-17_Douglas_to_Lytton_V59039.txt
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No. 39

I have the honor to acknowledge the receipt of your Despatch No
74 of the 2nd of June last, transmitting the transfer
certificate of the Military pensioner named in the margin

*

and instructing me to give directions for the payment to
Sergeant Calder of his pension from the date specified in the
Certificate, and I beg to state in reply that those instructions
shall receive immediate attention.



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FILE: 1859-08-18_Douglas_to_Lytton_B59206.txt
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No. 206

I have the honor of transmitting herewith for your information
a report, lately received from Colonel Moody of a reconnaissance of
the Harrison and Lillooet route to the Upper Fraser, under the
command of Lieutenant W.S. Palmer, Royal Engineers, which contained
much valuable information respecting the character and capabilities
of those Districts of British Columbia explored by Lieut Palmer.

2. The report is accompanied with six explanatory plans, and
three Photographic views, which greatly add to the general interest
of the narrative.

3. If it should please Her Majesty's Government to cause these
plans to be lithographed, we have to request that a few sets may
be sent out for distribution in this Colony.



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FILE: 1859-08-19_Hamilton_to_Merivale_Permanent_Under-Secretary_B595TE27.txt
================================================================================

Hamilton to Merivale (Permanent Under-Secretary)

With reference to your Letter of the 14th Ultimo, I
am commanded by the Lords Commissioners of Her Majesty's
Treasury to acquaint you for the information of the Duke
of Newcastle, that Their Lordships have informed Mr Edward
Stamp, and Messrs Benson & Co, the Agents of the North
West Navigation Company of Canada, that having regard to
the present state of the Postal Communication with the
Colony of British Columbia, and to the very small amount of
Postage derived from it, and considering also the position
of the general question of the Packet Service, with reference
to the inquiry which is still pending in Parliament, Their
Lordships are of opinion, that the time has not arrived
when They could entertain the proposals of subsidizing a new
line of postal communication to B. Columbia either overland,
or via San Francisco.

I am at the same time to transmit to you Copy of a Letter
from the Postmaster General dated 4th Instant, and to state
that Their Lordships concur with the Duke of Newcastle that
Governor Douglas should be instructed to make the best
arrangements he can for the performance of the Service at
present.



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FILE: 1859-08-19_Lugard_to_Merivale_Permanent_Under-Secretary_B595WA19.txt
================================================================================

Lugard to Merivale (Permanent Under-Secretary)

I have laid before Mr Secretary Herbert your letter
of the 13th instant, with its enclosures, and, in reply,
I am to acquaint you, for the information of the Duke of
Newcastle, that it does not appear that the promises of
extra Pay &c held out, as alleged, to the Royal Marines of
Her Majesty's Ship "Tribune" whilst in China, as an inducement
to them to volunteer for service in British Columbia, are
based on any instructions or authority from this department.



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FILE: 1859-08-20_Pennell_to_Under-Secretary_of_State_B595AD28.txt
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Pennell to Under-Secretary of State

Expenses for passages of a Special Nature, not analagous
to the passages for which Quarterly Claim is, in future, to
be made on the Colonial Office, having been incurred by the
Naval Department, as shown on the other side, I am commanded
by My Lords Commissioners of the Admiralty to request that
you will move the Duke of Newcastle to cause the amount Three
Thousand, Six Hundred and Forty three Pounds, Two Shillings
and Eight Pence to be repaid to the credit of Naval Services,
in the usual manner.



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FILE: 1859-08-22_Douglas_to_Lytton_V59040.txt
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No. 40

With reference to my Despatch of the 12th Instant No 33,
forwarding for your information the Copy of a communication I
had received from Brigadier General Harney, Commanding the
United States Troops in Washington Territory, detailing his
reasons for placing a body of Troops upon the Island of San
Juan, I have now the honor to transmit herewith a copy of the
reply I made to that communication.



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FILE: 1859-08-22_Douglas_to_Lytton_V59041.txt
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No. 41

I beg to communicate for the information of Her Majesty's
Government that the Island of San Juan is still occupied by
detachments of United States Troops, the force now assembled
there being about four hundred men, with eight 32 pounder Guns,
Several field pieces, and a large quantity of military stores;
besides a number of labourers and artificers who are to be
Employed in erecting barracks for those troops; their occupation
of the island has therefore assumed an unmistakable character of
permanence.

2. On our part we maintain Mr De Courcy on the Island as
resident Magistrate, and Her Majesty's Ship "Satellite" with a
complement re-inforced by the addition of fifty four
Supernumerary Marines, is anchored in the offing, for the
protection of British Subjects; but none of Her Majesty's Troops
have been landed there.

3. Every precaution has been taken on our part to avert the
danger of collision, and conflicts are not expected to occur,
unless the rights of British Subjects should be violated by
attempts on behalf of the United States to levy taxes on their
property, or otherwise to spoil or oppress them.

4. I confess with regret that my views differ essentially from
those expressed by Rear Admiral Baynes, in reference to the
maintenance of Her Majesty's rights to the Island of San Juan.

5. Rear Admiral Baynes is opposed to the landing of troops on
San Juan, as was intended by me, because he believes they would
have been resisted on landing by the Troops of the United
States, while I had no fears of any such result. Our respective
views are fully explained in a correspondence with him on the
subject, which is herewith forwarded.

6. The measures which I deemed it necessary to take in order to
hold San Juan against the encroachments of the United States are
therein set forth, and my opinion, on the subject, remains
unaltered. I feel assured that a bold and resolute stand, as I
proposed in the first instance, would have nipped their project
in the bud, increased the influence and dignity of this
Government, and prevented collisions, which a policy of
concession may precipitate. I think the letter from General
Harney, giving his reasons for occupying San Juan will add force
to that opinion, as it shews that the project was undertaken in
a spirit of levity and with a want of consideration hardly
consistent with a settled and pre-arranged purpose.

7. Had we at once assumed that dignified attitude, Her
Majesty's Government would moreover, have been placed in a much
better position

*

than they now will be for dealing firmly with the question of
the disputed Territory.



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FILE: 1859-08-22_Hamilton_to_Merivale_Permanent_Under-Secretary_B595TE28.txt
================================================================================

Hamilton to Merivale (Permanent Under-Secretary)

I have laid before the Lords Commissioners of Her
Majesty's Treasury your letter of the 17th June last
transmitting accounts of the stores supplied by the War
Department for the use of the Royal Engineers in British
Columbia and I am instructed to acquaint you for the
information of the Duke of Newcastle that they have given
directions to the Paymaster General to transfer from the
Parliamentary Grant for British Columbia to the account of
Army Services the sum of twelve thousand one hundred and
forty three pounds and four shillings (£12.143.4.0)
in repayment of the value of those Stores.

Their Lordships observe that several of these Stores
are stated to have been purchased by Colonel Moody. They
presume that that Officer was duly authorized to purchase
the same, and that they are distinct from those in respect
to which the sums of £3000 and £3,400 were issued to
him as requested by your letters of 24 September and 26
October last.



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FILE: 1859-08-23_Douglas_to_Lytton_B59207.txt
================================================================================

No. 207

Having been much occupied of late with the affairs of
Vancouver's Island, I have not, in my last Despatches, adverted
to the state of British Columbia. That Colony is making
satisfactory progress.

2. The great enterprise of the season, the Wagon Road from
Douglas through the valley of the Harrison River to the upper
Fraser, beyond the mountains, has been necessarily retarded by
the withdrawal of the Royal Marines for service on the Island
of San Juan, but the work is still being prosecuted by a
Detachment of Royal Engineers under the command of Captain
Grant. That force is however insufficient to make much impression
this season, on a work of such magnitude; winter will in all
probability find us unprepared, and we shall have again to
encounter the arduous task of feeding the mining population of
the interior, by packing provisions on mules, over the present
road, a process so expensive as materially to add to the cost
of living and consequently notwithstanding their large earnings,
the miners are, from positive inability to live, compelled in
great numbers to abandon the country.

3. Money is greatly wanted for carrying on that indispensable
work, which might be completed for the sum of Thirty Thousand pounds
(£30,000).
*

4. That sum I have no doubt could be easily raised by way
of loan either in England, or in this Country, provided its
repayment were guaranteed by Parliament, and I would beg to draw
the attention of Her Majesty's Government to that subject in
order to procure the necessary aid for accomplishing an enterprise
worthy of our Country, and removing the great impediment to the
development of the Mining Regions of British Columbia. Its
influence in promoting the prosperity of the Country would be
incalculably great, and it would lead to so large an increase of
the public Revenue as soon to repay the preliminary outlay.

5. On the contrary without such facilities of access, the
Country will have to struggle on amidst the discouragements of
poverty and distress.

6. The Mule Road from Fort Hope to Boston Bar has been recently
completed, and will be of great advantage to that district of the
Country.

7. Much is also required to be done in improving the road from
Fort Yale by the passes of Frasers River; in short on all sides
is the helping hand of Government urgently required in opening
a free access into a Country whose resources are probably greater
than our most sanguine speculations ever contemplated. Every
step in advance confirms that opinion, and reveals more distinctly
the auriferous wealth of the Country.

8. My advices from Fort Yale are up to the 17th of August.
Mr Commissioner Sanders reports that the miners are almost
without exception, doing exceedingly well, and in the newly
discovered diggings at Quesnel's River, are making on the average
one ounce of gold to a man per diem.

9. Those accounts are confirmed by numberless letters from
persons in the interior to their former partners or friends in
the Fort Yale District, exhausting all their powers of persuasion
to induce them to join them at Alexandria.

10. Mr. Cox a Revenue Officer employed in the District of
Thompson's River, reports that the miners in that part of the
Country are making very large wages, and mentions that one
company of five men were procurring by Sluices an aggregate
return of from
Two Hundred and Fifty ($250), to Three Hundred Dollars ($300) a
day; and others with the cradle were averaging each from
Ten ($10) to Twelve Dollars ($12) a day.

11. The newly explored tract of mining country about
Alexandria and Quesnel's River is reported to have more of
the general features of a Gold country than any yet known part
of British Columbia. The miners appear fully satisfied on that
point, and of the auriferous character of the soil in the valley
of Frasers River. Already are Hydraulic Mining Associations
forming, who expect to derive considerable profit by that process,
from Benches and flats which cannot at present be worked to
advantage for want of water.

12. The Miners on Frasers River have been much delayed this
Season by the high state of the water, which has now Subsided,
and they have resumed work with great spirit.

13. Ditch owners, on the other hand have already felt the
want of water, and complain that the streams from which they draw can
hardly supply one fourth of the usual and requisite quantity of water.

14. Much anxiety has been expressed by the miners generally
on the subject of Banks of Deposit, which are greatly needed
in every District of British Columbia. The Miners' only alternative
at present being to bury his gold dust for security, which is
known to be the general practice in Frasers River; but were
Banks of Deposit established, they would willingly pay a monthly
per centage on any sums they might deposit.

15. I have long been convinced of the value and importance
of such institutions. But without the assistance of men of tried
integrity and business habits, no such scheme could be carried
out with advantage to individuals or to the public.

16. The Country is everywhere in a perfectly tranquil state.

17. A body of nearly one hundred gold miners sailed from
this place on the 27th July to explore the gold fields of
Queen Charlotte's island, and I trust this little band of
Pioneers will meet with the success their enterprise deserves.
The expedition was equipped entirely at their own expense. I
promised however to exempt the party from all taxes for six
months to come, and to allow them certain privileges in respect
to quartz claims, not inconsistent however, with the provisions
of the general mining regulations which I propose shortly to issue.

18. I also promised to protect them in the prosecution of
their enterprise as far as the means at my disposal allow, and
in fulfilment of that promise I have made a requisition on Rear
Admiral Baynes, for the assistance of a Ship of War to visit the
place where they intend to form their settlement.

19. If that attempt proves successful the result will be
highly important for the Colony, and Queen Charlotte's Island,
which abounds in minerals, and its coasts with fish, will soon
become the resort of many flourishing settlements.

20. I am looking forward with great anxiety for the arrival
of the two Gun Boats
**
which Her Majesty's Government announced in
your Despatch No 30 of the 10th March, it was intended to place
them at my disposal for the defence and protection of this Colony.

21. Those vessels would be of incalculable advantage to the
Country; its coasts might then be explored, settlements formed
and protected from Indian violence, in a manner which with my
present means is simply impossible.

22. The late numbers of the Victoria Gazette
***
are herewith transmitted for your information.



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FILE: 1859-08-23_Douglas_to_Newcastle_B59208.txt
================================================================================

No. 208

I have the honor to acknowledge the receipt on this date, of
the Despatches of the Numbers and Dates as noted on the other
side hereof.

*



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FILE: 1859-08-23_Godley_to_Under-Secretary_of_State_B595WA20.txt
================================================================================

Godley to Under-Secretary of State

With reference to the letter addressed to you from the
Army Medical Department, numbers and dates as per margin,

*

and the statement enclosed herewith, I have the honor by
direction of Mr Secretary Herbert to request that the sum
of one hundred and sixty five pounds nineteen shillings and
four pence (£165.19.4) may be paid into the hands of the General Agents,
in order that it may be brought to the credit of this Office.



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FILE: 1859-08-25_Easterby_to_Newcastle_V596E01.txt
================================================================================

Easterby to Newcastle

I again take the liberty of addressing your Grace in reference to
Queen Charlotte's Isld upon which place we discovered in 1852 a vein
of gold bearing quartz and had commenced at great expense to work the
Same when expelled by H.M. Ship Amphitrite.

Hence to obtain from H.M.'s government Permission to work this mine,
I visited London in 1853, and had the honor through the agency of Mess'rs Jno. Taylor & Sons of submitting our claim to your Grace and
it was intimated to me through the same gentlemen, that the names
submitted in connection with my own, in our Petition for a Lease,
were accepted. With this impression I left England, having made
arrangements for the despatch of miners &c but on arrival in San
Francisco I found a letter from the Honourable Sir F. Peel
in which it was stated that H.M. government declined making any lease
at present. I did not understand however that our claim was entirely
denied.

I cannot help therefore submitting to your Grace, and by the enclosed
paragraph you will perceive, that others, without such claims are
about to reap with the assistance of one of H.M.'s Ships the result
of our discovery earned at the expense of our fortunes.

I respectfully submit therefore to your Grace that while these
parties are encouraged and aided in developing those mines which were
denied to our enterprise, we may be permitted to ask from H.M.'s
government some indemnity for the losses we have incurred.

Submitting our case to your Grace's Justice.



================================================================================
FILE: 1859-08-25_Farrer_to_Merivale_Permanent_Under-Secretary_V595TA03.txt
================================================================================

Farrer to Merivale (Permanent Under-Secretary)

I am directed by the Lords of the Committee of Privy Council for
Trade to acknowledge the receipt of your letter of the 23d August
Instant transmitting for their information, by direction of the Duke
of Newcastle, a copy of a letter from the Foreign Department on the
subject of the bonding system in the Californian Ports, with respect
to which My Lords suggested in their letter of the 12th July last
that an enquiry should be made.

It appears from this letter that Mr Booker the British Consul at San Francisco has reported to Lord John Russell that the bonding system
does exist in those Ports, the Importer being, however, obliged to
enter into bonds for the payment of the Import Duty, or for the
Export of the goods within three years.

My Lords are unable to reconcile this statement with that contained
in the 6th paragraph of Governor Douglas's Despatch of the 23d
March last transmitted to this Department in Mr Fortescue's letter
of the 28th June which is to the effect that goods imported into
Vancouver's Island from the Californian Ports are

necessarily burdened with the Customs and Municipal duties levied in
California, forming a charge of nearly 30 per cent on their first
cost.

I am therefore to request that you will suggest to the Duke of
Newcastle that Mr Hammond's letter should be referred to Governor
Douglas with a view to obtain an explanation of the apparent
discrepancy in the two statements to which I have adverted.



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FILE: 1859-08-25_Hamilton_to_Merivale_Permanent_Under-Secretary_B595TE29.txt
================================================================================

Hamilton to Merivale (Permanent Under-Secretary)

In reply to your Letter of the 12th Instant, enclosing
a copy of a Despatch from the Governor of British Columbia, advising
a further draft of £5,200 upon this Board, on account of
Colonial pay due to the Royal Engineers, from the 1st of
September 1858, to the 31st May last, and of £1,200 on
account of Working pay due to the force of Royal Marines serving
in the Colony; I am directed by the Lords Commissioners of Her
Majesty's Treasury, to acquaint you, for the information of the
Duke of Newcastle, that the Paymaster General has been authorized
to accept and pay the Bills which have been drawn for these sums,
and to charge the same, for the present, to the grant for British
Columbia, the particulars of the respective Bills not having
been stated.



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FILE: 1859-08-27_Douglas_to_Newcastle_B59209.txt
================================================================================

No. 209

I have the honor to acknowledge the receipt of your Grace's
Circular Despatch of the 18th June, acquainting me that Her
Majesty had been pleased to entrust to your Grace's care, as one
of the Principal Secretaries of State, the Seals of the Colonial
Department.



================================================================================
FILE: 1859-08-27_Douglas_to_Newcastle_B59210.txt
================================================================================

No. 210

I have the honor to acknowledge the receipt of Sir Edward
Bulwer Lytton's Despatch No 71, of the 24th May, transmitting
for my information the copies of letters which he had received
from the Lords Commissioners of the Admiralty and the Secretary
of State for War, containing observations on the site selected
for the capital and Sea Port of British Columbia.

2. I have great satisfaction in learning that Her Majesty's
Government approves the steps that have been taken to survey and
subdivide the site into Building Lots, and I will not fail to
give attention to the remarks offered by the Lords Commissioners
of the Admiralty with regard to the necessity for stationing a
Pilot vessel at the entrance of Frasers River, and to the
selection of a Port in the northern portion of the Colony.



================================================================================
FILE: 1859-08-27_Douglas_to_Newcastle_B59211.txt
================================================================================

No. 211

I have the honor to acquaint Your Grace that Colonel Moody
commanding the Troops in British Columbia has made requisition
upon me for Funds to meet the amount of Military Pay due to the
Royal Engineers for the months of July and August, and the amounts
of Working pay due to the Royal Engineers and Royal Marines for
the month of August, amounting in the whole to the sum of, in
round numbers, Three Thousand Pounds.

2. As the Funds in the Colonial Chest are insufficient to
admit of this demand upon them, I shall be obliged to draw for the
amount upon Her Majesty's Paymaster General, and I trust your Grace
will be pleased to obtain the necessary authority from the Treasury
for the Bills presented on this account to be paid when they become due.



================================================================================
FILE: 1859-08-27_Douglas_to_Newcastle_V59042.txt
================================================================================

No. 42

With reference to the various Despatches I have recently
fowarded upon the Subject of the occupation of San Juan by
American Troops, and to my mention of the arrangements I had
deemed it requisite to make for the protection of Vancouvers
Island, by withdrawing the Royal Marines from British Columbia and
stationing part of them upon Vancouvers Island, I have the honor
to inform Your Grace that I have been compelled to provide the
necessary accommodation for these Troops, and I have therefore
built a small Barrack for them at Victoria in as cheap a manner
as possible.

2. The outlay occasioned thereby will amount to about Two
Thousand Pounds (£2000).

3. I have no funds to meet this expense which I have been
compelled to incur, for an Imperial and not for a Colonial
purpose, for Her Majesty's Territory is actually threatened by
the near proximity and attitude of a large Body of United States
Troops unjustifiably occupying a portion of Territory, which
although disputed, has notwithstanding always been regarded by
Her Majesty's Government as a dependency of Vancouvers Island;
and I have felt it imperative upon me to take such measures to
guard against any possible contingency, as the means at my
command enabled me to adopt.

4. I doubt not that the whole matter will eventually be
amicably arranged by the two Governments, but in the mean time
the excitement occasioned by the act of occupation throughout
Oregon and Washington Territory, and even in California, has
been very great.

5. I have drawn upon Her Majesty's Paymaster General for the
Sum of Two Thousand Pounds for the before mentioned reason, and
I trust Your Grace will be pleased to obtain the requisite
authority from the Treasury, so that the Bills may be paid when
due.



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FILE: 1859-08-27_Douglas_to_Newcastle_V59043.txt
================================================================================

No. 43

The increasing necessities of this Colony having, for some time
past, placed me in a very embarrassing position for want of the
necessary officers to assist me in carrying on the duties of the
Government, I have been glad to avail myself of the services
kindly volunteered, of such officers belonging to British
Columbia as were available.

2. It being necessary to give two of these Officers due
authority for performing the functions of their Office, I have
to report to your Grace that I have appointed Captain W.D.
Gosset, the Treasurer of British Columbia, to be Acting
Treasurer for Vancouver's Island, and George H. Cary Esqre the
Attorney General for British Columbia to be Acting Attorney
General for Vancouver's Island.

3. I have acquainted these Gentlemen that I regret it is not in
my power to guarantee them any Salary, for the additional duty
thus imposed upon them, but which they are quite willing, under
existing circumstances, to undertake notwithstanding.

4. I therefore leave the matter in Your Grace's hands to deal
with as you may think fit, but I may perhaps be pardoned for
mentioning that I conceive in the present state of the two
Colonies, that one Civil List would be sufficient for both, so
far as the principal Officers of Government are concerned.



================================================================================
FILE: 1859-08-27_Douglas_to_Newcastle_V59044.txt
================================================================================

No. 44

I have the honor to forward herewith to your Grace a Memorial
which has been handed to me by a Committee composed of some of
the most respectable and influential Inhabitants of Vancouver's
Island, upon the subject of the occupation of the Island of San
Juan by Troops belonging to the Army of the United States of
North America.

2. Under the circumstances of the case, I have no objection to
present the Memorial to Your Grace, and I feel sure that you
will be gratified to learn that the most loyal and patriotic
feelings have been everywhere exhibited by the British
population of Vancouver's Island with reference to this movement
upon the part of the Authorities of the United States.



================================================================================
FILE: 1859-08-29_Murdoch_to_Merivale_Permanent_Under-Secretary_B595LN11.txt
================================================================================

Murdoch to Merivale (Permanent Under-Secretary)

I have to acknowledge your letter of 15th inst,
enclosing Copies of a correspondence with the Hudson's
Bay Company and the Governor of British Columbia, on the
subject of the claims of the Company to Land in that Colony.

2. The Hudson's Bay Company, before the discovery
of Gold in British Columbia, occupied considerable tracts
of Land in the Country which now forms that Colony, for
their Trading Posts and for the support of the Cattle and
Horses necessary for carrying on their Trade. To this
Land they had no formal title, nor was there any definition
of their boundaries. So long as the Country was uninhabited
no inconvenience could be thereby created, but when the Gold
discoveries attracted large numbers of Settlers it became
important that their claims should be ascertained and placed
on a more precise and satisfactory footing. The Company
accordingly brought the matter under Sir E.B. Lytton's
consideration and requested that the Governor might be
directed to define their Land, taking a liberal view of
their claims with reference to the Land occupied and
pastured by their Cattle before the influx of Miners.
Sir E.B. Lytton in consequence directed Governor Douglas
to enquire into the Company's claims. He added that H.M. Government
were desirous of taking a liberal view of those
claims, consistently with public interests, but that a
considerable distinction must be drawn between Land on
which Capital had been expended, and that which had been
only temporarily occupied.

3. Governor Douglas' Despatch of 31st May last
contains the Report thus called for. It appears that the
Land claimed by the Company amounts in all to upwards of
98,000 Acres, that of this 10 Acres is in the Town of Old
Fort Langley, 6,400 Acres or 10 Square Miles in its
immediate vicinity, and 640 Acres at the Town of Fort
Hope. A Table is annexed to the Despatch from which
(if I understand it rightly) it is intended to be
inferred, that the whole of the Land has involved
outlay that blocks containing upwards of 80,000 Acres
have been brought into partial cultivation and are
necessary for the maintenance of existing Stock, and
that none has served only for occasional pasture.
The Company claim in addition the whole of the cleared
land at Old Langley, including what has been sold
under protest from their Agent to Settlers and a compensation
of 5000 dollars for making Roads and for Land between
Fort Hope and Thompsons River not occupied but improved
by the sowing of Grass Seed.

4. Governor Douglas wages strongly the claim of the
Hudsons Bay Company to liberal consideration on the
ground of their services in securing the Country
West of the Rocky Mountains for Great Britain, and the
loss they have incurred by the premature revocation
of their Trading License. He also lays stress on the
alleged recognition of the Company's rights in the
Oregon Treaty of 1846. But that Treaty only promises
that the "Possessory rights of the Hudsons Bay Co
and of all British Subjects who may be already in the
occupation of Land or other property lawfully acquired
shall be respected." He adds that the Lands claimed
by the Company have no connexion with the Gold Fields,
are not known to be auriferous are not except the Posts
on the Lower part of Frazers River of any extraordinary
value for purposes of settlement, and are so remote
from the Sea that years will probably elapse before
they can be settled. Colonel Moody, whom the Governor
consulted, agreed with him on the general principle,
but recommended that the claim at Fort Langley & Fort Hope should be admitted to a limited extent only &
compensation be provided by the Grant of Land
elsewhere. At Fort Hope he observed, the claim, if
rigidly followed out, would embrace Town Lots in
respect of which the Crown is already pledged to others.

5. The nature & extent of the political claims of
the Hudson's Bay Company on the Crown can be best
appreciated by the Secretary of State. We have no
means at this Office (even if it were within our
province to do so) of forming an opinion upon them.
But there can be no disposition on the part of H.M.
Government to deal with the Company in an illiberal
Spirit. The real question is how far their claims
can be admitted without injustice to other residents
in the Colony, and without the risk of obstructing
its future settlement.

6. Upon this point it is extremely difficult
to form any conclusion from Governor Douglas' Despatch.
Sir E.B. Lytton had indicated the principle which
should guide the decision, by stating that he was
prepared to draw a considerable distinction between
land which had been cultivated or had involved outlay
or was necessary for existing Stock, and that which had
served only for occasional pasturage. But Governor
Douglas has placed the whole of the Company's claim in
the former category, although it is very difficult to
believe that 98,000 Acres spread in blocks varying
from a few Acres to 100 Square Miles over several
hundred Miles of Country should all be properly entitled
to be so considered. The explanation may possibly be,
that a great portion of the Land has Cattle upon it
belonging to the Company, and may, therefore, be considered
as falling within the description of being necessary
"to the maintenance of their existing Stock or Establishment."
The result, however, is that some more specific principle
must be adopted for determining the extent to which the
claims of the Company should be recognized by H.M. Government.

7. Colonel Moody has observed, with reference to
their claims at Fort Langley and Fort Hope, that their
admission to the full extent would provoke very hostile
criticism and protests on the part of the public, and
might eventually lead to the Company obtaining less than
justice. Considering that the claim at Fort Langley,
as has been stated, is, in its full extent, for the whole
of the Town, and even in its reduced form, for 10 acres or
60 lots in the Town, and for 6,400 Acres in its immediate
vicinity and that such lots were sold last year at upwards
of £42 a Lot, it is impossible to question the correctness
of this opinion. To recognize this claim, even in its less
extended form, would place the future progress of Fort
Langley in the hands of the Hudsons Bay Company, and the same
result would follow if the claim of the Company to 640 Acres
at Fort Hope were admitted. Indeed as the Posts of the
Company were naturally placed at the most convenient spots
for communication between the interior and the Fort, and
as such spots would, in the ordinary course of events, become
the most probable centres of population, the grant to
the Company of the Land claimed as having been occupied by
them would make them to a great extent Masters of the future
progress of the Colony, that it would provoke discontent and
complaint among the immigrant population can hardly admit of doubt.

8. But while it seems quite clear that the claims of the
Company must be very much reduced from their present amount
before they can be entertained, it is almost impossible to
determine, except on the spot, what ought to be rejected.
As a general rule I would submit, that claims to Land in
Towns or in spots likely to become the sites of Towns should
be admitted with great reserve, and only on proof of a
substantial expenditure of capital upon them, either in the
preparation of the Land or in the actual erection
*
of buildings, that tracts of Country Land, not auriferous,
which have been actually brought under cultivation should
be granted to the Company with such a reasonable extension
of area as may be necessary to turn the Land to good account,
but in respect to the large tracts occupied by the Companys
Stock, that they should receive only a License of occupation
at a small yearly rent, subject, however, to be terminated
at the end of each year if the Land should be required for
Sale or Settlement. If these principles should be approved
the application of them must still be left to the Governor
on the spot, but with the means of information at his
command he could have no great difficulty in carrying
them into effect. It may, however, save time if when the
principles to be observed have been decided on a communication
were made to the Company in this Country before final
instructions are sent to Governor Douglas.

Under any circumstances Governor Douglas should, I think,
be instructed to furnish hereafter a full report of the steps
which he may take in the matter with an explanation of the
nature of the claim of the Company to the several tracts of
Land which he may propose to concede to them, and that his
report should be accompanied, if possible, by a Chart showing
the position of the Land claimed and of that conceded.



================================================================================
FILE: 1859-08-29_Newcastle_to_Douglas_B597113.txt
================================================================================

No. 13

With reference to my Predecessor's despatch No 56 of the 28th
of April, informing you that Her Majesty's Government were about to call
for tenders for the conveyance of the Mails between San Francisco and
British Columbia, I have to acquaint you that on subsequent
consideration it has been decided that the advantages which would be
derived by the Colonies of British Columbia and Van Couvers Island would not prove equivalent to the large amount of subsidy that would be
demanded for the establishment of this service. The same cause has
precluded Her Majesty's Government from entertaining a proposal that had
been submitted to them for carrying these mails through Canada and the
Hudson's Bay Company's Territory. I have therefore to instruct you to
endeavour to secure the improvements in the existing service which you
pointed out as desirable in your despatch of the 5th November last
which I trust will suffice to meet the requirements of the two Colonies
till their progress and encreasing importance shall ensure more
advantages proposals.

I have to add that the Postmaster General has obtained the
permission of the United States Post Office to forward the
correspondence for Van Couvers Island and British Columbia in closed
Mails addressed to Her Majesty's Consul at San Francisco who will
forward them by the first eligible opportunity to their destination.



================================================================================
FILE: 1859-08-30_Romaine_to_Merivale_Permanent_Under-Secretary_B595AD29.txt
================================================================================

Romaine to Merivale (Permanent Under-Secretary)

In reply to your Letter of the 20th Instant, requesting
to be informed whether the party referred to, in my Letter of
the 4th Instant, as having been conveyed to British
Columbia, and for whose passages payment is requested, consisted
principally of Sappers and Miners; I am commanded by my
Lords Commissioners of the Admiralty, to acquaint you, for the
information of His Grace the Duke of Newcastle, that Party
embarked in the "Thames City" for conveyance to British
Columbia consisted as follows vizt

Officers Ladies Men Women Children

1 — 114 31 34 Royal Engineers

1 — 2 — — 15th Huzzars

1 — 1 — — Royal Arty

1 — 1 — — Medical Staff

1 1 — — — Chaplain

1 — — — — Collector of Customs



================================================================================
FILE: 1859-08-31_Romaine_to_Merivale_Permanent_Under-Secretary_B595AD30.txt
================================================================================

Romaine to Merivale (Permanent Under-Secretary)

With reference to your letter of the 11 Instant on the
Subject of a Detachment of Royal Marines sent from China
to Vancouvers Island receiving a promise of Double pay,
allowances, & a grant of Land after a service of six years
in the Colony: I am commanded by My Lords Commissioners of
the Admiralty to transmit to you, herewith, for the information
of His Grace the Secretary of State for the Colonies, a Copy of
a letter which their Lordships have received from Rear Admiral
Sir M. Seymour, late Commander in Chief of Her Majesty's
Ships & Vessels on the East India & China Stations, on the subject.



================================================================================
FILE: 1859-09-01_Hamilton_to_Merivale_Permanent_Under-Secretary_B595TE30.txt
================================================================================

Hamilton to Merivale (Permanent Under-Secretary)

With reference to your Letter of the 11th Ulto.,
enclosing a copy of an Application from Messrs Cox & Co,
for payment to them of the Colonial pay of Colonel Moody, as
Commissioner of Lands and Works in British Columbia, to the
31st March last, I am directed by the Lords Commissioners
of Her Majesty's Treasury, to acquaint you, for the information
of the Duke of Newcastle, that My Lords are unable to ascertain
from the Papers in this Department, the exact amount that may be
due to Col: Moody.

In your Letter of the 17th Septr 1858, it was
recommended that one hundred and twenty day's pay should be
issued to Col: Moody and other Officers then about to proceed
to British Columbia; and a sum of £800 was issued on that account.

Assuming that Col: Moody received out of that sum, one
hundred and twenty day's pay from the 18th of August 1858
inclusive, and that he has received nothing in the Colony on
account of his salary of £1,200 per annum, there would be due
to him sixteen day's pay to the 31st December last, and one
quarter to the 31st March, amounting to £352.3.6; and Their
Lordships will direct the Paymaster General to issue that sum
to Messrs Cox & Co, as Agents for Colonel Moody, from the
grant for British Columbia.

They would, at the same time, remind you that no portion
of Col: Moody's salary, as Commissioner of Land and Works, is
provided for in that Estimate, and that this advance, as well
as that previously made, must be repaid from Colonial Funds.



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FILE: 1859-09-01_Shaw_to_Merivale_Permanent_Under-Secretary_B595MI18.txt
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Shaw to Merivale (Permanent Under-Secretary)

I am directed, through you, to return thanks to the
Duke of Newcastle for the communication just received
respecting an Expedition into the interior of British
Columbia, which shall be duly laid before the Council at its
first meeting.



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FILE: 1859-09-02_Berens_to_Newcastle_V595HB12.txt
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Berens to Newcastle

I have the honour to acknowledge the receipt of Mr Fortescue's
letter of the 10th August in reference to the Hudson's Bay Company's
claim on Her Majesty's Government in connexion with the Grant of
Vancouver's Island; and, in reply, I feel it incumbent on me to state
that the subject matter therein contained is of such importance that
I am unwilling to take upon myself the responsibility of answering it
without the assistance of my Co. Directors, who happen at this season
to be absent from London. I would therefore request that the
correspondence may be allowed to remain in abeyance for the present.

I have the pleasure to inform Your Grace that I have again received
advices from the Company's representative in Vancouver's Island
confirming what he had before stated as to his refusal to make
further advances to the Colony, but at the same time remarking that
much inconvenience may arise to the Colony from withholding all
assistance to it.



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FILE: 1859-09-02_Hamilton_to_Merivale_Permanent_Under-Secretary_B595TE31.txt
================================================================================

Hamilton to Merivale (Permanent Under-Secretary)

I am commanded by the Lords Commissioners of Her Majesty's
Treasury to acquaint you for the information of the Duke of
Newcastle that in consequence of the further information
conveyed by your letter of the 11th Ultimo, they have again
taken into consideration the question of the establishment of
an Assay Office in British Columbia, and I am to observe that the
Report of the Treasurer of the Colony dated the [blank]
puts their question in a practical shape, postponing the larger
question of the Establishment of a Mint and confining the project
to a moderate and ascertained expenditure with the view of
facilitating the collection of a Revenue from an Export duty on
gold, and affording advantages to the Miners in ascertaining and
realizing their treasure.

Their Lordships are satisfied moreover that the example
derived from the experience of California is calculated to overrule
the critical objections to the work of a Refinery and assay being
undertaken by a Government Establishment.

They are therefore prepared to sanction the necessary proceedings
for the establishment of a Government Assay and Refinery in British
Columbia, and they will communicate with the Master of the Mint,
as suggested by Captain Gossett [Gosset] regarding the arrangements to
be adopted for the purpose.



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FILE: 1859-09-03_Newcastle_to_Douglas_V597109.txt
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No. 9

With reference to my despatch No. 4 of the 22nd July last
declaring Victoria a free Port, and stating that an enquiry was being
instituted to ascertain whether the Bonding system exists in Californian
Ports, I transmit to you for your information the copy of a letter which
has been received from the Foreign Office in reply to the reference which
was made on the subject to that Department.

I also transmit to you the copy of a letter on the subject from the
Board of Trade, and I have to request that you will furnish me with the
explanation which their Lordships require of the statement in your
despatch of the 23rd March last, that Articles imported into
Vancouvers Island from Californian Ports are necessarily charged with the
Custom duties levied in that State.



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FILE: 1859-09-03_Newcastle_to_Douglas_V597110.txt
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No. 10

With reference to my Despatch, No. 6, of the 1st instant, I
transmit to you the copy of a letter from the Hudson's Bay Company and
of the reply which I caused to be addressed to Mr Berens, relative to
the refusal on the part of the Company's Manager in Vancouver's Island
to accede to your application for Advances on account of the Government
subsequently to the 30th May last.



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FILE: 1859-09-05_Hamilton_to_Merivale_Permanent_Under-Secretary_B595TE32.txt
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Hamilton to Merivale (Permanent Under-Secretary)

I am directed by the Lords Commissioners of Her Majesty's
Treasury, to acquaint you that the Paymaster General has been
authorized to accept and pay two further Bills, drawn for
Military purposes by the Governor of British Columbia, vizt:

No 58 27 June 1859 £2,500

59 8 July "  2,500

 £5,000

charging the same for the present, to the Grant for British Columbia.

My Lords apprehend that these Bills are in addition to
those mentioned in your Letter of the 12th Ultimo, and
request that the Duke of Newcastle will furnish Them with
any further information he may have received, to enable
Them to direct the charges for Army and Navy Services, to
be placed to the proper Account.

Their Lordships trust that the instructions already
conveyed to the Governor of British Columbia, will put a stop
to the Demands upon British Funds, for expenses connected
with the Colony, which should be defrayed from Local Revenue.



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FILE: 1859-09-05_Newcastle_to_Douglas_B597114.txt
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No. 14

I send you an Act passed in the recent Session of Parliament
 to make further provision for the regulation of the Trade with
the Indians, and for the administration of Justice in the North Western
Territories of America.

This Act applies as you will perceive to the territories over which
the Hudsons Bay Company recently enjoyed a license of Trade: excluding
both the Charter territories, and also British Columbia. It has been
considered necessary by Her Majesty's Government and by Parliament that
provisions to this effect should be made in order to enable the Crown to
take measures for establishing order in the administration of the
executive, and in the conduct of trade, in those vast regions, in case
any urgent reason for doing so should arise.

But Her Majesty's Government have not any immediate intention of
advising Her Majesty to exercise the powers given her by this Act.

I should however be glad to receive from you, at your convenience a
report as to the persons whom you may consider eligible for Magistrates
in these North Western Territories, with which your long service under
the Hudson's Bay Company has made you to some extent familiar: and also
as to any regulations for the conduct of the Indian Trade which your
experience may lead you to consider advisable.



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FILE: 1859-09-05_Newcastle_to_Douglas_B597114A.txt
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Confidential

Among the many difficulties with which the organization of
Government in British Columbia has to contend, I cannot but think that
the presence and residence in that Colony of the several Officers who
have been appointed by the Crown to conduct its affairs is
indispensable.

I have not received any special report from yourself on this
subject: but from such information as I collect from other sources
(subject to your better knowledge as to its correctness) it would appear
that this essential duty is very much disregarded.

Being yourself Governor both of Vancouvers Island and British
Columbia you have necessarily a divided duty to perform: but the
unavoidable absence which this occasions on your part cannot dispense
with the closer attention of other British Columbian functionaries to
their duties.

It is stated that the Judge, the Colonial Secretary, his assistant,
the Attorney General, and the Treasurer, are at present residing in
Vancouver's Island.

This state of things must be put an end to at once, and the
gentlemen in question must be warned that they must repair with the
least practicable delay to the scene of their duties, or, it they decline
to do so, must at once resign their situations. I am aware that there
may be difficulties in finding residences in a colony just commencing
its existence, but these difficulties must be overcome, as they would by
this time have been overcome had not the close neighbourhood of the
Colony of Vancouvers Island afforded so easy a means of absenting
themselves for the time from their posts.



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FILE: 1859-09-05_Newcastle_to_Douglas_B597115.txt
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No. 15

I have received your despatch No 189 of the 6th of July
transmitting for my approval and confirmation, a return of the
provisional appointments which you have made to offices in British
Columbia between 1st January and 30th June 1859.

I am unable in the absence of more full information than is
supplied by your despatch, to confirm these appointments. I cannot
impress upon you too strongly the necessity of confining the
expenditure of British Columbia within the limits of the revenue, and,
in the present state of the finances of the Colony, of maintaining its
establishments on the most economical scale consistent with a due regard
to the proper administration of the government and the preservation of
order in the Country. At the present moment when the efflux of
population from the Colony is great and constant, I cannot feel
satisfied of the necessity for the creation of so large a number of new
appointments, involving an additional annual charge of nearly Three
thousand pounds (£3,000) on it's resources.

I have therefore to instruct you to furnish me with a return of the
whole Civil Establishment of British Columbia distinguishing the
appointments that have been sanctioned by the Secretary of State and
affording me a full explanation of the grounds for the creation of
those which you have provisionally established and of the nature and
extent of the duties attached to them. Pending the receipt of this
report, I am compelled to withhold my confirmation of the appointments
in the list that accompanies your despatch for the creation of which the
sanction of the Secretary of State has not been previously given.

I have also to instruct you to transmit to the Secretary of State
in future quarterly returns in the Form of which I annex a copy of all
changes in offices or new appointments in the Colony.



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FILE: 1859-09-05_Newcastle_to_Douglas_B597116.txt
================================================================================

No. 16

I have to acknowledge the receipt of your Despatch No 167, of the
8th of June, and to thank you for the general information it contains
as to the state of British Columbia. I have also to request that you
will convey to Mr Justice Begbie the expression of my thanks for
the very full and interesting account of his expedition up the Country.



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FILE: 1859-09-06_Newcastle_to_Douglas_B597117.txt
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No. 17

I have to acknowledge the receipt of your Despatch No 190 of the
6th of July reporting that you had relieved Mr Brew of the duties
of Gold Commissioner and also that you had appointed Mr Peter
O'Reilly to be Justice of the Peace at Langley in the place of Mr
Bedford who had resigned that Office.



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FILE: 1859-09-06_Newcastle_to_Douglas_B597118.txt
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No. 18

I have received your despatch No 186 of the 6th July relative
to the establishement of a regular Postal Communication between British
Columbia and San Francisco and I have to refer you to my despatch
No 13 of the 29th Ultimo on this subject.



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FILE: 1859-09-07_Arbuthnot_to_Merivale_Permanent_Under-Secretary_B595TE33.txt
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Arbuthnot to Merivale (Permanent Under-Secretary)

With reference to the arrangements in progress in regard
to the sums properly chargeable to Naval and Military Funds,
on account of expenditure in British Columbia; I am directed
by the Lords Commissoners of Her Majesty's Treasury, to
transmit to you, for the information of the Duke of Newcastle,
the enclosed copy of a Statement, submitted by the Paymaster
General, showing the amount of Bills drawn by direction of
the Governor of British Columbia, and the amount of which
payment has been authorized by this Board.



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FILE: 1859-09-07_Newcastle_to_Douglas_B597119.txt
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No. 19

With reference to your despatch No 166 of the 6th of June I
have to acquaint you that the Lords Commissoners of the Treasury have
authorized the Paymaster General to accept and pay the Bills drawn upon
him for Five thousand two hundred pounds (£5,200) on account of Colonial
pay to the Royal Engineers and for One thousand two hundred pounds
(£1,200) on account of working pay to the Royal Marines. I shall have
occasion to address you in a separate despatch respecting the later
charge.

I have also to acknowledge receipt of your despatches No 126 of
the 6th and No 139 of the 16th of April and to acquaint you that
the Lords Commissioners of the Treasury have apprized me that they have
accepted the following Bills drawn by you on account of army services
vizt

44-£240

45- 260

46- 200

47- 300

48-2,000

49- 180

£3,180



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FILE: 1859-09-07_Newcastle_to_Douglas_B597120.txt
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No. 20

As the Regimental Pay of the Royal Engineers in British Columbia
will be borne on the Army Estimates of this Country, I have to request
that you will furnish me with a statement of the amount, if any, for
this service that has been included in your Drafts on Her Majesty's
Paymaster General for the Military Expenses of the Colony. I have also
to request that you will continue in future to distinguish the sums
drawn on this account.



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FILE: 1859-09-08_Douglas_to_Newcastle_B59212.txt
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No. 212

I have the honor to forward herewith to your Grace, the Copy
of a letter addressed to me by Colonel Moody requesting that a
Commissariat Officer may be sent out at an early date.

2. As recent events have proved to me the expediency of
confining to one particular officer all matters connected with
Commissariat expenditure, I have as a temporary measure expanded
the duties of Captain Gosset, who has been acting as Commissary
for the Royal Engineers, so that he may act generally as Commissary
for the Colony, according to the system pursued in Ceylon, which
I am informed is found to work well.



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FILE: 1859-09-08_McClure_to_Under-Secretary_of_State_B595MI19.txt
================================================================================

McClure to Under-Secretary of State

The Mission Board of the Presbyterian Church in Ireland
are desirious of sending one or more Ministers of their body
to the new Colony of British Columbia, North America. They
have directed me, as Governor of the Colonial Mission, to
inquire whether, in case of such appointments being made, the
Government would afford any assistance or encouragement in
regard to passage or otherwise.



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FILE: 1859-09-08_Newcastle_to_Douglas_B597121.txt
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No. 21

With reference to my despatch No 11 of the 6th of August, I
transmit to you herewith the copy of a letter from the Treasury stating
that they have directed the payment of Messrs Cox & Co of the
Salary due to Colonel Moody to the 31st March last.

I have to request that you will communicate this letter to Colonel
Moody.



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FILE: 1859-09-09_Douglas_to_Newcastle_V59045.txt
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No. 45

I have the honor of transmitting herewith for Your Grace's
information the copy of a letter, lately received from Brigadier
General Harney, in reply to my communication to him of the 13th
August last.

2. With respect to General Harneys letter, it is unnecessary to
do more than request Your Grace's attention to a few very
important points.

In the first place I would refer to his remark, that on two
different occasions since he entered upon his present command,
he had "reported to his Government in terms of commendation
and praise" concerning my "acts affecting American citizens",
and secondly, that though the explanation given in my letter had
removed the impression that any violation of the rights of
American citizens had been committed by the authorities of
Vancouvers Island, he nevertheless declines to withdraw the
United States Troops now occupying the Island of San Juan "until
the pleasure of the President of the United States has been made
known on the subject."

3. In the meantime the occupation of San Juan is every day
becoming more complete; the troops have been removed to, and now
occupy, a commanding hill, the very position in fact, which I
intended should be occupied, had they been landed according to
my plan, by Her Majesty's Troops, contiguous to the settlement
of the Hudsons Bay Company.

4. They are now engaged in strengthening that position by
various military works, which indicate an intention to make good
their occupation, as Your Grace will observe by a communication
from Mr De Courcy, Magistrate for the District of San Juan, of
equal date, which is herewith transmitted.

5. The Squatter population, alluded to in that letter, will
soon disappear in the event of the United States Troops being
withdrawn from San Juan, as it is only the presence of the
latter which now induces them to remain there; a remark which I
take the liberty of making in case the Government of the United
States should make it a point of honor to hold the Island, under
the plea of its containing an American population of a fixed
character and settled habits, which is however not the case.



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FILE: 1859-09-10_Douglas_to_Newcastle_B59213.txt
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No. 213

I have the honor to acknowledge the receipt of Your Grace's
Despatch No 1 of the 23rd June last, respecting an application
which I received from Colonel Moody for an allowance to defray the
cost of his passage to British Columbia, and stating in reply to
that application that you cannot, for various reasons mentioned in
your Despatch, feel at liberty to comply with it, and I will not
fail in obedience to Your Grace's instructions, to inform him of
your decision.



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FILE: 1859-09-10_Douglas_to_Newcastle_B59214.txt
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No. 214

In reply to Your Grace's Despatch No 4 of the 1st July
last, I have the honor to state that according to Your Grace's
instructions, I have informed Colonel Moody that the Stores
destroyed in the Briseis, with the exception of the Iron
houses and a quantity of forage, would be replaced and sent to
this Colony without delay; and I shall be careful that no
expenditure is incurred on that account beyond what is absolutely
necessary pending the arrival of the Stores from England.



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FILE: 1859-09-10_Douglas_to_Newcastle_B59215.txt
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No. 215

I forward herewith for your Grace's information the copy of a
Requisition made upon me by Colonel Moody for the sum of Two
Thousand Five Hundred pounds (£2,500),
to complete sundry outstanding payments
on Military account and as I am not able to meet this demand from
Colonial Funds, I have the honor to acquaint your Grace that I
have authorized the Treasurer, to draw for the same by Bills on
Her Majesty's Paymaster General, and I trust your Grace will be
pleased to cause the necessary arrangements to be made, so that
the Bills may be met when they become due.



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FILE: 1859-09-10_Douglas_to_Newcastle_B59216.txt
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No. 216, Financial

I have the honor to forward herewith to your Grace, the
copy of a Letter, dated August 12th addressed to me by
Captain Gosset the Treasurer, requesting that a supply of coins
may be sent out from England, with as little delay as possible,
so as to avoid the inconvenience and loss which is now daily
experienced in consequence of the absence of such coins.

2. I submit the application to the favourable consideration
of your Grace, and I trust you may see fit to cause it to be
complied with, as the matter is one of great interest to the
Colony, both socially and politically.

3. With reference to Captain Gosset's remarks as to the
establishment of a Decimal system of Currency, I am not prepared
at present to offer my opinion thereon, but I may mention that
although in the Government offices, every financial transaction
is carried on in British Currency, yet throughout the whole of
both Colonies the Mercantile Community have adopted the Decimal
system of the Dollar and Cent, and Captain Gosset's proposed new
coin suitable to that system

*

would be found most appropriate and convenient, and probably of more
practical utility, than either pence or halfpence.

4. Captain Gosset suggests that the Coins sent out should
be paid for in Gold dust, and with this suggestion I perfectly
concur, for at present all the Gold dust from British Columbia
finds its way in the first instance to San Francisco, and there
becomes incorporated with the Gold produced in that State, so
that up to the present time the people in England have had no
tangible proof of the auriferous character of British Columbia,
and I should be glad to establish the fact, for there is no doubt
that the circumstance of the entire produce of the country having
hitherto been absorbed in a Foreign Market, has tended to create
a feeling of doubt and apprehension in England as to the true
nature of the Colony, and has undoubtedly retarded what I have
a most earnest desire to see established, and what I am convinced
would be equally beneficial to both a direct Trade between the
Mother Country and the Colony, as well as a direct emigration from
the Mother Country.



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FILE: 1859-09-12_Douglas_to_Newcastle_V59046.txt
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No. 46

With reference to the intimation conveyed to me, in your
Despatch No 1 of the 12th July, of the intention of Her
Majesty's Government to repurchase Vancouvers Island, I would be
very thankful to your Grace for definite instructions in this
matter, for I am placed in a situation of extreme embarrassment,
owing to the refusal of the agent of the Hudsons Bay Co, to
make further advances to meet the cost of the Civil
Establishment, in consequence, as he states, of advices from
home to that effect, while so far as I am aware the Charter of
Grant has not yet been determined.

2. The present sources of Revenue are as follows

Licences for the Sale of Liquors

Sale of Public Lands

Harbour dues

3. The Revenue arising from the Licences of 1859 has been voted
by the Legislature to making streets and roads, and the proceeds
of the Harbour dues, but little more than pay the Harbour
Expenses.

4. I have therefore nothing to depend upon at present to meet
the Civil Expenditure of the Colony, except the funds arising
from the sale of Public Lands, and as the House of Assembly have
no control over that source of Revenue, they have in consequence
steadily declined to impose Taxes on the Inhabitants of the Colony.

5. This I considered a matter of little moment so long as the
population was small and the poverty of all classes extreme, as
under such circumstances, no sufficient Revenue could be raised
in the Colony.

6. But with the increase of population and wealth, circumstances
have greatly improved since last year, and I am of opinion that
a considerable Revenue may now be raised in the Colony.

7. I have therefore brought in a measure to enlarge the
Representation by the addition of 6 new Members, making in all
13 members for the House of Assembly, and when that Bill passes
the House, it will be dissolved, and a new election called.

8. I propose to lay before the New House a scheme of direct
taxation, levied on property, trades, professions, and other
sources, which it is calculated will produce a Revenue that will
enable the Colony to defray all the Civil expenditure in a fit
and becoming manner.

9. I have proposed a system of direct taxation in preference to
levying a duty on Customs, in consequence of the former being
more in harmony with the wishes of the Colonists, and consistent
with our former policy of making Victoria a free Port.

10. Until these measures are matured there is no Revenue to
meet current expenses, except the proceeds of Land Sales, and as
they may prove insufficient to defray the unavoidable
expenditure of the Colony, I beg that Your Grace will instruct
me as to how that expenditure is to be provided for under
existing circumstances.



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FILE: 1859-09-12_Douglas_to_Newcastle_V59047.txt
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No. 47

I yesterday had the honor of receiving your Graces Despatch No
1 of the 2nd July, upon the subject of my message to the House
of Assembly, Vancouvers Island respecting the erection of certain
Buildings required for the Public offices of the Colony.

2. As Your Grace appears somewhat to have misapprehended the
circumstances in connection with the matter, I trust you will
pardon me, for trespassing upon your time in presenting you with
a detail.

3. The Building heretofore in use as the Government Office, was
extremely small and incommodious, and since the great increase
of business in consequence of the causes which led to the
establishment of the Colony of British Columbia, and to the
rapid increase in the population of Vancouvers Island, it has
been found absolutely impossible to carry on the Public business
in that Building with the degree of method and regularity which
is so essential to public interests; and which is so necesary
for avoiding delay in the transaction of public matters. The
situation of the Building too, was most inconvenient. Entirely
isolated eight years ago when it was first erected, it had now
become surrounded by other Buildings, in close proximity and two
of the principal streets passed by its doors.

4. The necessity for providing other and better accommodation
was imperative, and the progress and circumstances of the Colony
required also, that Public offices should be erected for
different Officers of the Colony, whose business had hitherto
been transacted within the precincts of the stockade of the
Hudsons Bay Company.

5. To institute measures for providing this necessary and
fitting accommodation, I conceived to be my particular province,
and absolute duty.

6. The piece of Land upon which the small Building before
alluded to, was situate, as well as a small portion contiguous
to it, had from being in the very heart of the Town, become
exceedingly valuable. This allotment had been reserved by the
Hudsons Bay Company for Government purposes and I conceived that
by selling the Land, sufficient funds could be obtained to erect
the New Buildings required, and measures were actually
instituted to that effect. But here a difficulty suddenly
presented itself. The Colonial Government though in actual
possession of the Land had no Deed of Transfer and consequently
could not grant a Title. I consequently made arrangements
with the Agent of the Hudson's Bay Co. to surrender the Land, on
the condition of his placing at my disposal for the erection of
New Buildings, the sum of Money obtained by the sale.

7. This has been done, the whole proceeds amounted to about Six
thousand Five hundred pounds (£6,500).

8. The new Buildings have been erected upon a piece of ground
reserved for Government purposes. It is Ten acres in extent and
most conveniently situated, being sufficiently near to the Town
while removed from its noise and confusion. The Buildings
consist of the Colonial Secretary's Office, the Treasury, Land
Office, Court House, and House of Assembly, and the total cost
will not much exceed the sum before mentioned. The excess will
be defrayed from the proceeds of Two Lots still unsold, and your
Grace may rest assured, that it was no part of my plan nor is
it my intention, to ask Her Majesty's Government for funds to
meet the expense of this undertaking.

9. I trust that this explanation may serve to place the matter
on its proper footing in the eyes of Your Grace and may be
deemed satisfactory.

10. I did not conceive it necessary to obtain the sanction of
the House of Assembly to the expenditure of the money, as it was
produced by the Sale of Land, a portion of the Revenue of the
Colony over which they at present have no control, and for the
other reasons stated in my message. The proceeding was known
and approved of by various members of the House, but it was
questioned by others, as is every Government measure, for
reasons best known to themselves.



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FILE: 1859-09-12_Hamilton_to_Merivale_Permanent_Under-Secretary_B595TE34.txt
================================================================================

Hamilton to Merivale (Permanent Under-Secretary)

With reference to the letter of this Board of the 5 Inst.,
I am commanded by the Lords Commissioners of Her Majesty's
Treasury to acquaint you for the information of the Secretary
of State that the Paymaster General has been authorized to
accept and pay the following Bills drawn by Mr J. Douglas
Governor of British Columbia for expenses incurred by Colonel
Moody on account of the Colony vizt;

No 60 dated 16 July 1859 for £ 90

" 61 " " " 850

" 62 " 25 " 1,000

" 63 " 26 "  1,000

 £2,940



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FILE: 1859-09-13_Douglas_to_Newcastle_B59217.txt
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No. 217

I have the honor to acknowledge the receipt on the 11th
Instant of your Grace's Despatches of the Numbers and dates as
noted on the other side hereof.

*



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FILE: 1859-09-13_Douglas_to_Newcastle_B59218.txt
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No. 218

I have the honor to transmit herewith for the information
of Her Majesty's Government, copies of the following Proclamations
which have been lately issued for the Colony of British Columbia, i.e.

1. Proclamation dated 15th May 1859 for the Naturalization
of Aliens, in the Colony of British Columbia, alluded to in my
Despatch No. 167 of the 8th June last.

2. Proclamation dated 19th May 1859 for the relief of
Her Majesty's subjects, entitled the "Oaths Act" 1859.

3. Proclamation dated 2nd June 1859 altering, in some
respects, the act for levying duties of Customs on Imports into
British Columbia.

4. Proclamation dated 15th June 1859 imposing Tonnage,
Pilotage, and Harbor dues, at the Port of Queensborough, now
New Westminster, British Columbia.

5. Proclamation dated 25th June 1859 amending the same.

6. Proclamation dated 10th August 1859 amending the Laws
relating to the Licences for selling spirits &c and for other
purposes.

7. Proclamation dated 31st August 1859 entitled the "Gold
Fields Act", together with Rules and Regulations for working of
Gold Mines, dated 7th September 1859.

2. The "Aliens Act" confers upon such persons the privilege
of holding and conveying real estate, and of being naturalized,
within the Colony, after a residence therein of 3 years, and is
calculated in all its provisions, to attach the Alien to the Country
of his adoption, and through a sense of obligation, to Her Majesty's
rule.

3. The Amended "Customs Act" imposes further duties—

On Tobacco, for purely revenue purposes.

On Distilled Liquors and Spirits of all sorts, not only to increase
the Revenue, but also with the view of reducing the disparity of cost to
the consumer between the cheap American spirits, now largely imported
from San Francisco, and the better qualities of Spirits imported from
Great Britain; and to encourage the importation of the latter.

On Flour and other articles of food,
entering largely into the consumption of the mining
population, for revenue purposes. These articles were
previously charged with a low specific duty, for the
benefit of that class, who were then taxed through
the Act imposing a Monthly Mining Licence Fee, which is now repealed.

4. The "Spirit License Act" repeals all former Acts for
levying duties on the sales of Wines and Spirits.

The Charge on Spirit Licences is reduced to a much lower
sum, intended to compensate in the case of Keepers of
Licensed Houses for the increased Customs duty, levied on spirits.

5. The "Gold Fields Act" with the annexed rules and regulations,
embraces the whole subject of Gold Mining, and provides very fully
for contingent questions. Miners rights are guarded with special
care. As a class they are free from any direct taxes beyond the
annual charge of £1 for the Free Miners Certificate.

That document places them in a position of perfect security,
with respect to mining claims, and secures to each Free Miner the
right of voting at Elections.

Mining Boards having a power to make bye laws, with the
consent of the Gold Commissioner, may be formed whenever one
hundred or more Registered Free Miners are found in any District.

It is also provided that the Mining Boards may be dissolved
by the Governor, a power which it may, in certain cases be necessary
to use; at the same time the Mining Boards will be fostered and
encouraged as long as they confine their influence to its
legitimate object, that of improving the condition of the Gold Fields.

The other Acts do not appear to require special notice, and
with those reported on, will I trust meet with Your Grace's approval.



================================================================================
FILE: 1859-09-14_Douglas_to_Newcastle_B59220.txt
================================================================================

No. 220

I have the honor to forward herewith to Your Grace the copy
of an application which I have received from Mr James Cooper,
Harbor Master at Esquimalt, Vancouver's Island, for service, of
British Columbia, soliciting an increase of his salary.

2. Did Mr Cooper reside in British Columbia and render
service to that Colony, I should be happy to recommend the
application to favorable consideration; but as the duties
performed by Mr Cooper are really merely nominal, and scarcely
in any way connected with British Columbia, I regret that I
do not feel justified in doing more than submitting the application
to Your Grace.



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FILE: 1859-09-14_Douglas_to_Newcastle_V59048.txt
================================================================================

No. 48

I have the honor to forward herewith to Your Grace a Memorial
this day handed to me by a Committee composed of some of the
most respectable inhabitants of Vancouvers Island upon the
subject of the occupation of the Island of San Juan by
detachments of United States Troops.

2. Their representations being made in most respectful
language, and they having on all occasions evinced the most
loyal and patriotic spirit, I feel assured that Your Grace will
receive their Memorial with your usual kindness.



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FILE: 1859-09-14_Hammond_to_Merivale_Permanent_Under-Secretary_V595FO09.txt
================================================================================

Hammond to Merivale (Permanent Under-Secretary)

I am directed by Lord John Russell to transmit to you, for the
information of His Grace the Duke of Newcastle, a copy of a Telegram
received yesterday evening from Her Majesty's Minister at Washington
communicating information received via St Louis respecting the
occupation of the Island of San Juan by a party of United States
Soldiers, and the steps thereupon taken by Governor Douglas.



================================================================================
FILE: 1859-09-17_Newcastle_to_Douglas_V597111.txt
================================================================================

No. 11

I have to acknowledge the receipt of your despatches Nos. 19 and 28
of the 6th June and 22nd July reporting the irregularities which
had been discovered in the Custom House of Vancouvers Island and the
dismissal of Mr Charles A. Anderson from the Office of Collector on
the ground of carelessness and remissness in the management of his
Department.

I have no alternative except to approve your decision in this
matter, and the proceedings which are being taken against the person
suspected of having embezzled the public money.



================================================================================
FILE: 1859-09-19_Hamilton_to_Merivale_Permanent_Under-Secretary_B595TE35.txt
================================================================================

Hamilton to Merivale (Permanent Under-Secretary)

With further reference to your letter of the 11th
Ultimo, I am directed by the Lords Commissioners of Her
Majesty's Treasury to transmit herewith Copy of a Report
from the Master of the Mint on the Subject of the Establishment
of a Government Assay Office and Refinery in British Columbia,
and I am to request that you will inform the Duke of Newcastle
that the arrangements suggested by the Master of the Mint appear
to My Lords to be judicious, and if His Grace should be of the
same opinion My Lords will authorize Mr Graham to engage the
services of the persons recommended by him on the conditions
proposed and to provide the necessary stores &c. Their
Lordships consider that the best course to follow in regard to
the preliminary expenses will be to advance the sum of £2000,
suggested by the Master of the Mint, out of the grant for British
Columbia, on the understanding that the amount will be repaid
from the Colonial Revenue.



================================================================================
FILE: 1859-09-19_Hammond_to_Merivale_Permanent_Under-Secretary_V595FO10.txt
================================================================================

Hammond to Merivale (Permanent Under-Secretary)

With reference to my letter of the 14th instant, I am directed by
Lord John Russell to transmit to you for the information of His Grace
the Duke of Newcastle copies of a Despatch and of a further Telegram
from Her Majestys Minister at Washington respecting the occupation of
the Island of San Juan by troops of the United States.



================================================================================
FILE: 1859-09-19_Lugard_to_Merivale_Permanent_Under-Secretary_B595WA21.txt
================================================================================

Lugard to Merivale (Permanent Under-Secretary)

I have laid before the Secretary of State for War your
Letter of the 10th instant together with its enclosure
from the Governor of British Columbia relative to the cost
of the Military Force stationed in that Colony.

In reply I am to request that you will acquaint the Duke
of Newcastle that Mr Sidney Herbert concurs in the
terms of the answer which His Grace proposes to return to
Governor Douglas on this subject.



================================================================================
FILE: 1859-09-19_Newcastle_to_Douglas_B597122.txt
================================================================================

No. 22

Your despatches noted in the margin

*

relating to the establishment of an Assay Office in British Columbia
have been considered by Her Majesty's Government and a communication
will be immediately addressed to the Master of the Mint regarding the
arrangements necessary for giving effect to this design. Her Majesty's
Government have not overlooked the objections which suggest themselves
to the work of a refinery and Assay being undertaken by a Government
Establishment; but in view of the example derived from the experience of
California, and having regard to the advantage to the Miners in
ascertaining and realizing their treasure as well as to the facilities
which will be afforded in the collection of a Revenue from an export
duty on Gold Her Majesty's Government have given their sanction to the
measure.



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FILE: 1859-09-22_Newcastle_to_Douglas_B597123.txt
================================================================================

No. 23

I transmit to you herewith a copy of the Colonial Estimates which
have been voted by Parliament for the year ending 31st March 1860,
containing at page 4, a vote for British Columbia.

It is necessary that I should point out to you that a large portion
of this vote is intended to provide for expenditure incurred in this
Country in connection with the Royal Engineer party, and that the amount
of the Estimate represents the whole sum which the House of Commons has
placed at the disposal of Her Majesty's Government on account of British
Columbia, since the formation of the Colony.



================================================================================
FILE: 1859-09-23_Hammond_to_Merivale_Permanent_Under-Secretary_V595FO11.txt
================================================================================

Hammond to Merivale (Permanent Under-Secretary)

With reference to my letter of the 19th Instant, I am directed by
Lord John Russell to transmit to you, for the information of His
Grace the Duke of Newcastle, copies of instructions which have been
addressed to Her Majesty's Minister at Washington respecting the
recent occupation of the Island of San Juan by Troops of the United
States.



================================================================================
FILE: 1859-09-23_Murdoch_to_Merivale_Permanent_Under-Secretary_B595LN12.txt
================================================================================

Murdoch to Merivale (Permanent Under-Secretary)

I have to acknowledge your letter of 2nd Instant
enclosing a Despatch from Governor Douglas on the present
state of British Columbia, and expressing the desire of
the Duke of Newcastle to be furnished with any observations
which occur to us upon it.

2. Governor Douglas commences by an epitome of a
Report recently furnished to him by Mr Sanders the
Assistant Gold Commissioner, the substance of which
could not be stated more succinctly than in their Despatch.
The effect of it is to show that the land along the whole
course of Frazers River is highly auriferous, that
probably a large part of the interior of the Colony is
equally so, and that even the lands that have been worked
are so far from exhausted that additional skill and
labour would again render them very productive and
profitable. Governor Douglas further reports that
detachments of Sappers and Marines are actively employed
in opening Roads, that the traffic on the roads that
have been opened is very great, and that the expense of
transport has been reduced from 37 Cents per lb
last winter to 10 cents per lb at present. He adds
that while on Frazers River there are large Tracts of
land adapted for settlement, on Harrison's River, which
is less fertile, there are forests of magnificent trees
and great water power, so that each will contribute
though in a different way, to the wealth of the Country.
From Harrisons River he anticipates a large export of
Spars and deal. A powerful water Saw Mill has been
already erected near the Town of Douglas by a Mr
McDonald. These accounts must be considered as highly satisfactory.

3. But Governor Douglas likewise states that in
consequence of the delay caused by the survey of
the site of 'Queensboro' (now called New Westminster)
and other necessary work, no Country Land has as yet
been brought into the Market, and that there is much
popular clamour on that account. To meet this difficulty
he proposes to establish some system of occupation which
would enable settlers to occupy and improve certain
tracts of land under preemptive rights until the Surveys
are completed. To this point our special attention is
directed by your letter.

4. It appears to me that nothing but the clearest
necessity should induce the Government to have recourse
to such an arrangement. It may perhaps be unobjectionable
in the case of isolated adventurers in tracts of Country
far removed from actual settlement, and where no other
rights have grown up or are likely to be immediately created.
But in a Country like British Columbia and as a means of meeting
the demands of a large body of settlers it could not fail
to introduce great confusion and uncertainty of title, and
to lay the ground for future disputes and litigation. From
the nature of the case there would be no definition of the
boundaries of individual settlers, and it is impossible to
believe that under such circumstances rival claims to the same
land would not continually spring up. And in a Country where
superficial improvements are so easily made and as easily
obliterated, the decision of such claims would involve very
great difficulty; not only to the Executive Government, who
would first be called upon to decide them, but even to Courts
of Law. The History of every new Colony shows the embarrassment
and loss which has arisen from a careless or indiscreet system
of disposing of the Crown Lands in the first instance.

*

The land moreover would be occupied and claimed in every kind of shape
most convenient to the individual settler, and it would be
very difficult, if not impossible to fit these claims into a
future survey without leaving portions of unappropriated
land, the value of which would be destroyed by the shape and
position of the adjoining claims and which would thus become
not only valueless but injurious. This was the case in Ceylon
and Natal where land was granted with great laxity and without
reference to any General survey, and the records of the Colonial
Office contain ample proof of the confusion and expense which
has been caused in Ceylon. It appears to me that it would be
far better to delay the completion of the survey of the Capital,
and to draw from the Survey party there employed sufficient
strength to lay out the Country Lands that may be immediately
required. It seems hardly probable that the demand for land in
New Westminster can be so great as to require that the survey of
its site should be immediately completed, and at all events it
would seem easier to provide for a demand for unsurveyed land in
the Town, where the lots are only 1/6 of an acre in size, than for
Country Lands where the demands would be for many hundred acres
at a time.

5. Upon the whole I would recommend that no countenance
should be given to Governor Douglas' proposal to sanction
the occupation with preemptive rights of unsurveyed land.



================================================================================
FILE: 1859-09-23_Newcastle_to_Douglas_B597124.txt
================================================================================

No. 24

I have to acknowledge your Despatch No 182 of the 2nd July
last,
in which you represent that the cost of the Military force now stationed
in British Columbia with the heavy charge of Colonial pay, is more than
the finances of the Colony can at present bear, and urge on Her
Majesty's Government the necessity of assuming some part of it.

From this Despatch, and from your other Correspondence, I am not
sure whether you clearly understand that it was never the intention of
Her Majesty's Government to throw the entire cost of this Military force
on the Colony. Their Regimental pay is to be defrayed from Imperial
Funds.

But with regard to the Colonial pay and allowances I cannot depart
from the instructions already given you by Sir E.B. Lytton, being
confident that the resources of the Colony are such as will in all
probability enable it to overcome existing difficulties and provide for
this portion of its expenditure within a reasonable time.



================================================================================
FILE: 1859-09-24_Fraser_to_Merivale_Permanent_Under-Secretary_B595MI20.txt
================================================================================

Fraser to Merivale (Permanent Under-Secretary)

In the absence of the Governor of the Hudson's Bay Company,
I have the honour to inform you that the letter which you
addressed to that gentleman on the 14th Instant, on the Subject
of the Company's claims to land in British Columbia, has been forwarded to him in Scotland, where he now is.

Mr Berens is expected to arrive in Town in the course of
next week, when he will, no doubt give due attention to the Subject.



================================================================================
FILE: 1859-09-24_Hamilton_to_Under-Secretary_of_State_V595CO02.txt
================================================================================

Hamilton to Under-Secretary of State

I am directed by the Lord President of the Council to transmit to you
the enclosed Order of Her Majesty in Council of the 23rd inst for
leaving to its operation an Act passed in Vancouvers Island in April
1859 No 7 "to provide for the Passage of an Act for the Preservation
of Game," and I am to request that you will be pleased to lay the
same before the Secretary of State for the Colonial Department.



================================================================================
FILE: 1859-09-24_Hammond_to_Merivale_Permanent_Under-Secretary_V595FO12.txt
================================================================================

Hammond to Merivale (Permanent Under-Secretary)

I am directed by Lord John Russell to transmit to you, to be laid
before His Grace the Duke of Newcastle, a printed copy of a
Memorandum which has been drawn up in this office respecting the
question of the Island of San Juan.



================================================================================
FILE: 1859-09-25_Newcastle_to_Douglas_B597125.txt
================================================================================

No. 25

I transmit to you herewith the copy of a letter from the Treasury with a Schedule of the Bills that have been drawn by you upon Her
Majesty's Paymaster General for the Service of British Columbia. I have
to refer you to the instruction conveyed to you by my recent despatch to
distinguish the particular services for which these expenses have been
incurred.



================================================================================
FILE: 1859-09-27_Romaine_to_Fortescue_Parliamentary_Under-Secretary_V595AD09.txt
================================================================================

Romaine to Fortescue (Parliamentary Under-Secretary)

I am commanded by my Lords Commissioners of the Admiralty to send you
herewith for the information of Her Majesty's Secretary of State for
the Colonies, a Copy of a Letter from Rear Admiral Baynes dated the
12th Ultimo, No 110, with Copies of its enclosures, relative to the
Military occupation by the United States of the Island of San Juan in
the Canal de Haro.



================================================================================
FILE: 1859-09-28_Newcastle_to_Douglas_B597126.txt
================================================================================

No. 26

With reference to my recent Despatches on the subject of the Bills
drawn by you on Her Majesty's Paymaster General, I have to acquaint you
that the Lords Commissoners of the Treasury have authorized the payment
of the following Bills drawn by you: Vizt

No 58—-£2500

" 59——2500

" 60———90

" 61——-850

" 62——1000

" 63——1000

7,940



================================================================================
FILE: 1859-09-28_Newcastle_to_Douglas_V597112.txt
================================================================================

No. 12

I have received and have had under my consideration an Act passed
by the Legislature of Vancouver's Island in the month of April last, and
transmitted to me in your Despatch noted in the margin.

*

I have reported to Her Majesty in Council my opinion that the said
Act should be left to its operation; and I have the honor to transmit to
you herewith an Order of Her Majesty in Council, dated the 23rd
September approving that report.



================================================================================
FILE: 1859-09-29_Newcastle_to_Douglas_B597127.txt
================================================================================

No. 27

With reference to my despatch No 22 of the 19th Instant,
acquainting you that Her Majesty's Government had sanctioned the
establishment of an Assay Office in British Columbia, I transmit to you,
for your information the copy of a correspondence between the Treasury
and this Department shewing the arrangements which it is intended to
adopt for carrying this measure into operation.



================================================================================
FILE: 1859-09-29_Newcastle_to_Douglas_V597112A.txt
================================================================================

Confidential

I have to acknowledge your [BC] Despatch of the numbers and dates
noted in the Margin,

*

received by the Mail just arrived, and which relate to the landing of a
party of United States Soldiers, under the Orders of General Harney,
upon the Island of San Juan, the dominion over which forms a part of the
boundary question now under discussion between the Governments of the
two Countries.

It is with much concern that Her Majesty's Government have received
the intelligence of this unjustifiable proceeding, which appears to have
been as unnecessary for the protection of American Citizens, as it was
unprovoked by any act of the Colonial Authorities of Great Britain.

Her Majesty's Government fully approve of the Message which you
addressed on this subject to the Legislative Council and House of
Assembly of Vancouvers Island which is at once dignified in its tone,
and conciliatory towards the Government of that Republic whose Citizens
have acted with such want of courtesy to a friendly Nation. They also
feel it to be a cause for satisfaction, that your original intention of
sending British troops to the Island for the purpose of a joint
occupation was not carried out. Such a measure might have led, at the
moment in question, to farther disagreements or even to collision.

I have to instruct you not to withdraw from San Juan the Gentleman
whom you have sent there to act as a Magistrate. But it is necessary
that you should impress on him the necessity and duty of cautiously
forbearing from all acts which may lead to hostile manifestations by the
United States Officer. You are also not to land troops in the Island,
or to take any farther steps, without instructions from this Department
or from Lord Lyons, unless the Americans should endeavor to remove by
force the British Magistrate from the Island, or unless such steps
should be required for the protection of the lives and property of
British subjects.

I transmit to you Copies of the correspondence which has taken
place on this subject between Her MajestysMajesty's Government and Lord Lyons:
and you shall receive farther instructions, as soon as an answer arrives
from Washington to Lord John Russell's Despatch of the
24th August last.



================================================================================
FILE: 1859-09-30_Hammond_to_Merivale_Permanent_Under-Secretary_V595FO13.txt
================================================================================

Hammond to Merivale (Permanent Under-Secretary)

With reference to my letter of the 23rd Instant, I am directed by
Lord John Russell to transmit to you, for the information of His
Grace the Duke of Newcastle, a copy of a further instruction which
has been addressed to Her Majesty's Minister as Washington, together
with copies of the despatches therein referred to, relative to the
question of the Island of San Juan.



================================================================================
FILE: 1859-09-30_Hammond_to_Merivale_Permanent_Under-Secretary_V595FO14.txt
================================================================================

Hammond to Merivale (Permanent Under-Secretary)

I am directed by Lord John Russell to transmit to you, to be laid
before His Grace The Duke of Newcastle, a copy of a Telegram received
yesterday from Her Majesty's Minister at Washington reporting that
General Scott had been ordered to Embark for the North Western
Frontier, where he would take the command over General Harney.



================================================================================
FILE: 1859-09-30_Newcastle_to_Douglas_B597128.txt
================================================================================

No. 28

The sum of Forty seven Pounds thirteen shillings and nine pence
(£47.13.9) having been claimed by the Admiralty on account of Stores
supplied to Captain Grant R.E. from Her Majesty's Ship "Plumper" in
January last, I have requested the Lords Commissioners to repay this sum
to the Admiralty from the Vote taken by Parliament for British Columbia.



================================================================================
FILE: 1859-10-01_Hammond_to_Merivale_Permanent_Under-Secretary_V595FO15.txt
================================================================================

Hammond to Merivale (Permanent Under-Secretary)

I am directed by Lord John Russell to transmit to you, for the
information of His Grace The Duke of Newcastle, a copy of a
Confidential despatch from Her Majesty's Minister at Washington
relative to the appointment of General Scott to command the United
States Troops on the North West Frontier.



================================================================================
FILE: 1859-10-01_Romaine_to_Merivale_Permanent_Under-Secretary_V595AD10.txt
================================================================================

Romaine to Merivale (Permanent Under-Secretary)

I am commanded by my Lords Commissioners of the Admiralty to transmit
to you herewith, for the information of His Grace the Duke of
Newcastle, a copy of a letter from Captain Prevost of HMS Satellite,
Her Majestys Commissioner for settling the Line of Water boundary
between the Possessions of Great Britain and the United States in
British Columbia, relative to certain points in dispute between that
officer and the United States Commissioner, and reporting that the
Island of St Juan had been taken possession of by American Troops.



================================================================================
FILE: 1859-10-03_Hammond_to_Merivale_Permanent_Under-Secretary_V595FO16.txt
================================================================================

Hammond to Merivale (Permanent Under-Secretary)

I am directed by Lord John Russell to transmit to you, for the
information of His Grace the Duke of Newcastle, a copy of a letter
which has been addressed to The Board of Admiralty from which His
Grace will learn that the suggestions, contained in your letter of
the 28th Ultimo, for an increase of our Naval Force on the North
West Coast of America have been carried out by Lord John Russell.



================================================================================
FILE: 1859-10-04_Columbia,_Bishop_of_to_Secretary_of_State_B596C05.txt
================================================================================

Bishop of Columbia to Secretary of State

I beg leave to apply for a
Government Order for myself & party proceeding to B. Columbia by
the W. India Mail Steamer on the
17th of November next.

My party consists of three persons myself & two Servants. The
latter a man & wife are named Samuel & Jane Bridgman.



================================================================================
FILE: 1859-10-05_Hammond_to_Merivale_Permanent_Under-Secretary_V595FO17.txt
================================================================================

Hammond to Merivale (Permanent Under-Secretary)

I am directed by Lord John Russell to transmit to you, to be laid
before His Grace The Duke of Newcastle, the accompanying copies of
Despatches from Captain Prevost, upon the subject of the recent
occupation of the Island of San Juan by United States Troops.



================================================================================
FILE: 1859-10-06_Berens_to_Newcastle_B595MI21.txt
================================================================================

Berens to Newcastle

I have the honor to acknowledge the receipt of Mr
Under Secretary Merivale's letter of the 14th ulto:
conveying a Copy of a despatch from the Governor of
British Columbia on the subject of the claims of this Company to land in that Colony and detailing your Lordship's
views as to the rights of this Company in respect of that Land.

I am quite willing to admit that, limiting your
Lordship's suggestions to the land acquired for comparatively
temporary purposes subsequent to the Treaty of Oregon
and which was more particularly referred to in my letter
to Sir Edwould Bulwer Lytton of the 12th October 1858,
this Company would be prepared to assent to your Grace's
views in respect of those rights; but I beg leave
respectfully to suggest that they have no application
to those lands in the District in question which were possessed
by this Company prior to the Treaty of Oregon and their
rights in regard to which were in all respects precisely
similar to those lands the rights in which were reserved to
them by the 3rd Article of the Oregon Treaty.

I take leave on this subject to call your Lordship's
attention to a communication received by this Company from
the Foreign Office under date the 24th June 1854

*
**

transmitting to this Company a Report made by the Law Officers
of the Crown to the Earl of Clarendon the then Foreign
Secretary which goes at great length and with great care into
the nature of rights of this character, and I am persuaded
that I need not anticipate from Her Majesty's Government a
less favorable consideration of the rights this Company have
acquired in that part of British Columbia which was ceded to
Her Majesty's Government than was secured to them through
the intervention of Her Majesty's Government, in those portions
of the Territories in question which were held to belong to
the United States; and I have therefore no difficulty in
saying that this Company will be satisfied that their rights
in the lands claimed by them under titles acquired prior to
the Treaty of Oregon should be dealt with on the principle
laid down by Her Majesty's Law Officers, and that as to those
which have been acquired since that Treaty and which were
alluded to more in detail in my communication to Sir Edw[ard]
Bulwer Lytton of the 12th October 1858, they should be
arranged upon the footing suggested by Mr Under Secretary
Merivale's letter of the 14th ulto.



================================================================================
FILE: 1859-10-06_Hammond_to_Merivale_Permanent_Under-Secretary_V595FO18.txt
================================================================================

Hammond to Merivale (Permanent Under-Secretary)

I am directed by Lord John Russell to transmit to you, for the
information of His Grace The Duke of Newcastle, a copy of His
Lordship's reply to the despatches from Lord Lyons respecting General
Scott's mission to San Juan, copies of which were enclosed in my
letter of yesterday's date.



================================================================================
FILE: 1859-10-06_Hammond_to_Merivale_Permanent_Under-Secretary_V595FO22.txt
================================================================================

Hammond to Merivale (Permanent Under-Secretary)

I am directed by Lord John Russell to transmit to you, to be laid
before His Grace The Duke of Newcastle, the accompanying copies of
despatches from Her Majesty's Minister at Washington, containing
information respecting the Mission of General Scott to take command
of the United States' Troops on the North West Frontier of America.



================================================================================
FILE: 1859-10-06_Murdoch_to_Merivale_Permanent_Under-Secretary_V595LN06.txt
================================================================================

Murdoch to Merivale (Permanent Under-Secretary)

I have to acknowledge your letter of the 16th ultimo, enclosing a
Despatch from the Governor of VanCouvers Island (19th July No 25)
reporting the proposed sale of certain inferior land in the
neighbourhood of Victoria at a reduced price, and the intention to
open the Cowitchan & Nanaimo valleys for settlement.

2. Governor Douglas encloses a letter from Mr Pemberton, the
Colonial Surveyor, proposing that as certain lands in the
neighbourhood of Victoria are of an inferior description, and as if
not occupied the survey lines will be obliterated, they should be
sold at 4s/2d an Acre, instead of 20s/-. Governor Douglas
reports that he had approved this proposal, and that the land would
be put up to sale on the 1st August last at the price suggested.
The only objection to such an arrangement of which I am aware is,
that it induces settlers to purchase land which is not the most
advantageous for settlement—but as the tracts in question are not
extensive and there are public objects to be promoted by the
arrangement, it does not appear to me necessary to insist on that
objection. Moreover the transaction will probably have been
concluded before any instructions from the Secretary of State could
reach the Colony.

3. Mr Pemberton further proposed that considering the small number
of bôna fide settlers in the Colony the Lands at Cowitchan and Nanaimo
which have been surveyed should for the present be closed, to avoid
the dispersion of Settlers in the presence of numerous Indian Tribes.
From this view Governor Douglas dissents as likely to give rise to
complaint and retard the legitimate progress of the Colony. On this
point the opinion of the Local Authorities must be supreme, and, I
apprehend, that the Secretary of State cannot do otherwise than
acquiesce in Governor Douglas' decision.



================================================================================
FILE: 1859-10-06_Murdoch_to_Merivale_Permanent_Under-Secretary_V595LN07.txt
================================================================================

Murdoch to Merivale (Permanent Under-Secretary)

I have to acknowledge your letter of the 16th ultimo enclosing a
Despatch from the Governor of VanCouvers Island (20th July 1859—No
27) on the subject of the sale of Crown Land in that Colony.

2. Governor Douglas reports that the terms on which Crown Lands are
sold in VanCouvers Island (£1 an acre payable in 4 equal instalments
spread over 4 years) has latterly been a subject of much complaint as
retarding the settlement of the Colony—that public meetings had been
held and petitions presented to him on the subject—that one of these
petitions came from a body of immigrants who had arrived,
principally, from Upper Canada, and whose funds, by reason of
detentions on the road and delays since their arrival, had been nearly
exhausted, and themselves rendered incapable of paying for Land—that
not considering himself authorized to make a sweeping change in the
Land regulations without previous sanction, he had not felt at
liberty to do more in this case than postpone the payment of the
first instalment, requiring at the time of purchase a payment of only
1s/- an Acre with a like sum at the end of two months—and that
this arrangement had proved satisfactory to the petitioners. He
expresses a hope that as an exceptional arrangement it may, under the
peculiar circumstances, meet with approval.

3. The obvious objection to the arrangement is that the
circumstances were so little exceptional that they will be certain to
be appealed to as a precedent in future similar cases. When it is
known that Settlers who have exhausted their funds in reaching Van
Couvers Island obtain a relaxation of the Land regulations in their
favor, it may be safely predicted that large numbers of those who
arrive will describe themselves as in that situation.
If their description is true, the effect will be to hand over
considerable quantities of Land to persons who have no capital to
cultivate it with and to create a class of pauper debtors to the
Crown. If false a fraud will be committed on the Land Revenue, even
if all the instalments be eventually paid.

4. In Sir E. Bulwer Lytton's Despatches of 7th February & 7th May
last the objections to the system of payment by instalments in the
case of British Columbia were pointed out, and Governor Douglas was
authorized rather to reduce the upset price of Land than to accept
payment in that way. The principles on which Sir E. Bulwer Lytton
proceeded were of general application and it is, I think, to be
regretted that Governor Douglas did not refer to them in dealing with
this case, rather than adopt the opposite policy. Of course as far
as the present case is concerned what has been done is irrevocable,
but as regards the future it would, I think, be desirable strongly to
discourage any similar arrangements.

5. As the price of Land in the adjoining United States
Territory is generally not more than 1 1/2 dollars an acre, and in
British Columbia only 10s/- it may be assumed that a price of
20s/- in Van Couvers Island would place that Colony at an unfair
disadvantage in the eyes of Settlers. I am not aware of any
necessity for maintaining a price of 20s/- in Van Couvers Island,
and it appears to me that it would be better to assimilate the price
in that Colony and in British Columbia. But in so doing the
regulations for prompt payment of the purchase money which Governor Douglas has been instructed to introduce in British Columbia should
be enforced in VanCouvers Island also—and the general system of the
two Colonies should be carried out as nearly as possible in the same
manner. The judgment of Settlers would then be left unbiassed
to select the situation most suitable for their settlement.



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FILE: 1859-10-07_Lugard_to_Merivale_Permanent_Under-Secretary_B595WA22.txt
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Lugard to Merivale (Permanent Under-Secretary)

Your letter of the 3rd inst, with its enclosures,
relative to the Marines sent to Vancouvers Island from
China on board H.M. Ship "Tribune" has been laid before the
Secretary of State for War. In reply I am to acquaint you,
for the information of the Duke of Newcastle, that Mr
Secretary Herbert sees no reason for differing from His
Grace in thinking that it might be advisable, under the
circumstances, to call upon the Officer Commanding the
Detachment (Captain Maginn) for an explanation of his
conduct in holding out to the Men promises of extra pay
and allowances and a grant of land at the end of six
years service; but he would remind His Grace that Captain
Maginn is under the control of the Admiralty and not of this Department.

Mr Herbert desires me at the same time to observe
that he does not perceive from Rear Admiral Sir M. Seymour's
Despatch that any reference has been made to Colonel Holloway,
Commanding the Brigade of Royal Marines in China, who,
together with Mr Jeans, the Admiral's Secretary, is
distinctly pointed out by Captain Maginn as the Officer
from whom he received the assurances in question.



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FILE: 1859-10-08_Hammond_to_Merivale_Permanent_Under-Secretary_V595FO19.txt
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Hammond to Merivale (Permanent Under-Secretary)

I am directed by Lord John Russell to transmit to you, for the
information of His Grace the Duke of Newcastle, a copy of a despatch
which has been received this day from Her Majesty's Minister at
Washington, respecting General Scott's mission to San Juan.



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FILE: 1859-10-08_Newcastle_to_Douglas_V597113.txt
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No. 13

I have to inform you that Her Majesty's Government have received
intelligence that the Government of the United States ordered General
Scott to embark at New York on the 19th Ulto. to take the command on
the North West Frontier over General Harney.



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FILE: 1859-10-10_Berens_to_Newcastle_V595HB13.txt
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Berens to Newcastle

I have the honour of transmitting herewith a copy of a correspondence
which has taken place between Governor Douglas and A.G. Dallas
Esqre, the representative of the Hudson's Bay Company in
Vancouver's Island, on the subject of advances demanded by Governor Douglas from the Company in liquidation of the Civil expenses of the
Colony.

Your Grace will be pleased to observe that although Mr Dallas had
not received the copy of your Grace's letter to me of the 12th of
July which I sent to him by the first opportunity he steadily
resisted the importunities of Mr Douglas for further advances out of
the funds of the Hudson's Bay Company on Colonial Account.



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FILE: 1859-10-11_Hamilton_to_Merivale_Permanent_Under-Secretary_B595TE36.txt
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Hamilton to Merivale (Permanent Under-Secretary)

With reference to your letter of the 30th Ultimo
signifying the Duke of Newcastle's concurrence in the
arrangements proposed by the Master of the Mint for the
establishment of a Government Refinery and Assay Office in
British Columbia, I am commanded by the Lord's Commissioners
of Her Majesty's Treasury to state to you for His Grace's
information that they have authorised the Master of the Mint
to carry such arrangements into effect.

I am at the same time to transmit to you copy of a
further report from that Officer dated the 30th Ultimo,
and to inform you that their Lordships have authorized him
to engage the services of Mr Bacon as Melter and Wm
Hitchcock as assistant or operative melter.



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FILE: 1859-10-12_Booth_to_Merivale_Permanent_Under-Secretary_V595TA04.txt
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Booth to Merivale (Permanent Under-Secretary)

I am directed by the Lords of the Committee of Privy Council for
Trade to acknowledge the receipt of your letter of the 4th Instant
transmitting copy of a Despatch from the Governor of Vancouver's
Island recommending that the Lanterns and Lighting Apparatus for the
Lighthouses erecting in Fucas Straits should be sent out by the
Hudson's Bay Company's annual Ship which was to leave London in
September last.

In reply My Lords direct me to state that the Lanterns and Apparatus
in question are in course of construction and will not be ready to
send out to the Colony before the end of November, and as soon as
they are completed and a vessel engaged for their conveyance a
further communication will be made to you on the subject.

As regards the request of the Governor that a competent person may be
sent out to superintend the fitting of the Lanterns and Apparatus,
and two Head Light-keepers to manage the Lights, I am to state that
My Lords will cause inquiries to be made for competent persons who
may be willing to go out to the Colony to undertake these duties.



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FILE: 1859-10-12_Douglas_to_Newcastle_B59222.txt
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No. 222

I have the honor to acknowledge the receipt of your Despatch
of the 25th June No 2, calling upon me for an explanation with
regard to certain discrepancies existing between the amount of the
Bills drawn to meet the expenses incurred by the Military in
British Columbia, and the requisition made upon me by Colonel Moody.

2. I forward herewith for the information of Your Grace the
copy of a communication from the Colonial Treasurer, from which
it will be seen that the discrepancy pointed out by the Lords
Commissoners of the Treasury arises from the difficulty which
exists in this country of obtaining cash for Bills, and from
the necessity which consequently follows for the Sellers of
Bills to accommodate the Purchasers.

3. I am myself well aware that it is not always practicable
to obtain cash for Bills, even at unfavourable rates of exchange,
in consequence of the large number of Navy Bills that are
frequently in the Market, and as the Treasury Bills are always,
if possible, drawn at 30 days sight, while the Navy Bills are
at seven, it becomes a matter of absolute necessity, if cash be
required, to accommodate the Merchants by drawing Bills for
such particular sums as they may desire. Were the Market more
extensive and the demand for Bills greater, we could no doubt
dispose of one requisition by drawing one Bill for the whole
amount, and thus any seeming discrepancy would at once be
avoided, but under existing circumstances we can only sell our
Bills as Purchasers may offer.

We will, however, use our best endeavours in all future occasions
to avoid as much as possible drawing for small sums, and so far
as we may be able prevent any confusion arising.



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FILE: 1859-10-13_Douglas_to_Newcastle_B59219.txt
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No. 219

I have the honor to acknowledge on my return this day from
British Columbia the receipt of your Graces Despatches, of the
numbers and dates as noted on the other side hereof.

*



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FILE: 1859-10-13_Hamilton_to_Merivale_Permanent_Under-Secretary_V595TE04.txt
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Hamilton to Merivale (Permanent Under-Secretary)

With reference to Mr Elliot's Letter of the 6th Instant, stating
that the Duke of Newcastle is desirous that certain Reports recently
received from the Surveyor General of Vancouver's Island, affording
useful information respecting the Public Lands of the Colony, should
be published for circulation amongst intending Emigrants in this
country; I am directed by the Lords Commissioners of Her Majesty's
Treasury, to acquaint you, for the information of His Grace, that
They see no objection to authority being given for printing three
hundred Copies of these Reports, and They will instruct the
Comptroller of the Stationery Office to carry out the proposed
arrangement, in communication with the Colonial Land and Emigration
Commissioners.



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FILE: 1859-10-14_Hammond_to_Merivale_Permanent_Under-Secretary_V595FO20.txt
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Hammond to Merivale (Permanent Under-Secretary)

I am directed by Lord John Russell to transmit to you, to be laid
before His Grace The Duke of Newcastle the accompanying Copy of a
Despatch from Her Majesty's Minister at Washington enclosing Extracts
from New York and Washington Newspapers containing intelligence from
San Juan up to the 22nd of August, and reporting the substance of a
conversation he had had with General Cass with reference to the
statements contained in them.



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FILE: 1859-10-14_Hammond_to_Merivale_Permanent_Under-Secretary_V595FO21.txt
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Hammond to Merivale (Permanent Under-Secretary)

With reference to my letter of the instant, I am directed by Lord
John Russell to transmit to you a copy of a letter from the Admiralty
reporting the reinforcements which have been sent to our Naval Force
on the North West Coast of America.



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FILE: 1859-10-15_Berens_to_Newcastle_V595HB14.txt
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Berens to Newcastle

I have the honor to acknowledge the receipt of Mr Fortescue's
letter of the 10th August in answer to my letter to your Grace of
the 16th July, but I cannot avoid observing that the grounds upon
which in my letter I have sought to maintain the position for which
this Company contends are in no manner dealt with by Mr Fortescue's
answer.

I beg respectfully to submit to your Grace that the simple question
to be discussed is, what are the rights of this Company under the
provisions of the Grant for the repurchase of the Island by Her
Majesty and that that question ought not to be affected by any
correspondence that has recently passed on the subject, altho'
undoubtedly in order to meet the views expressed by Her Majesty's
Government this Company was disposed to waive the strict fulfilment
of the obligations attaching to the Government in the event of the
repurchase of the Island.

Your Grace cannot fail to observe that it would be most unjust to
expect that this Company would be bound by the opinion of the Law
Officers of the Crown upon a Case submitted to them without their
privity and they considered that they were meeting the difficulty in
a fair and liberal spirit in proposing to leave the whole question to
the decision of Sir John Coleridge. If that course is not adopted
will it be agreeable to Her Majesty's Government that the whole
matter should be submitted to the decision of the Judicial Committee
of the Privy Council.

I beg again to suggest the expediency of an early settlement of this
Question as in the meantime no Conveyances can be made of any Land
included in the Grant to this Company for the reasons stated in my
letter to Your Grace of the 16th July last.



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FILE: 1859-10-18_Douglas_to_Newcastle_B59224.txt
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No. 224

Since I had last the honor of addressing Your Grace on the
13th of September, I have been engaged in making an official
tour in British Columbia, in the course of which I visited the
towns of New Westminster, Langley, Douglas, Fort Hope, and Yale,
travelled through the passes of Fraser's River to Spuzzum, and
inspected all the Mining Districts West of that place.

2. In my progress through the country I have had opportunities
of conversing familiarly with the people, of ascertaining, by
personal intercourse, their wants and views, their real and fancied
grievances, and of studying practically the best means of promoting
the settlement and permanent interests of the Colony.

3. I more especially directed my enquiries into the working
of the "Gold Fields Act," which came into operation in the month
of August last, and was much gratified to find that the Act had
been viewed with satisfaction, and met the approval of the mining
population of the Colony.

4. It has, however, some objectionable features which will
require amendment. The small size of the Bar and Bank claims
prescribed by the Act, the former limited to Twenty five feet
frontage on the banks of great rivers, and the latter to a space
of Twenty-five by Thirty feet, was perhaps the most general and
almost the only serious objection made to it; and it must be
admitted that the objection applies with great force to ground
which has already been worked over, and to places where the pay
streak is thin and deeply covered with Soil, which the miner has to
remove at a great expense before the gold can be obtained.

5. There was a general feeling last year among the Miners
in favour of the minute subdivision of the mining ground into
distinct claims; but that feeling no doubt arose from the greater
number of Miners in the field, the limited extent of the then
known auriferous districts, and the natural desire of each to
possess a separate mining claim. The Revenue is so largely
benefited by that subdivision, as each mining claim is required
to pay an annual charge of One Pound Sterling into the Colonial
Exchequer, that the principle was, without hesitation, and for
that reason only, adopted in the "Gold Fields Act."

6. In constructing that Act, it was foreseen that no mining
law, however comprehensive, could be made applicable to the wants
and circumstances of an extensive country like British Columbia,
and the expedient was therefore resorted to of providing for the
establishment of Elective Mining Boards in every District, with
power to frame Bye Laws regulating the size of claims, and
otherwise of adapting the provisions of the General Act to the
particular circumstances of each Mining District.

7. Until the Mining Boards are constituted, the Assistant
Gold Commissioners are empowered to grant relief in all cases of
real hardship, or whenever the public or the interests of
individual Miners may be endangered through the rigid enforcement
of the Act; and it was also decided that in certain cases where
Miners have incurred much preliminary outlay on account of their
claims, that the same person may be allowed to hold more than one
mining claim, under a lease from the Crown, and at a rental
equal to the revenue accruing to the Colony from an equal number
of mining claims held by different persons; an arrangement which
gave general satisfaction, and will, I have no doubt, remove all
cause of complaint in respect to the extent of mining claims.

8. I met, in the course of my journey, with roving miners
from every part of British Columbia, and ascertained from them
many interesting facts connected with the Gold Districts. Last
year an impression was generally entertained by the Miners that
the Gold deposits had been made by Fraser's River, and that the
Gold was brought down by the Stream from a source existing
somewhere in the main range of the Rocky Mountains; they have
since discovered that not only the bed, but also the higher banks
of the Fraser, which rise terrace-like one above the other as
they recede towards the hills on either side, are composed of
auriferous earth, and beds of water-worn gravel, a circumstance
that has led them, not illogically, to the conclusion that the
river occupied at some former period, a much higher level than
its present bed; and that the water has been drained off, by its
gradual deepening through the natural process of attrition, or
by Volcanic agency.

9. Alluvial diggings of extraordinary value have been
discovered on Quesnel River, a tributary which flows into the
Fraser about Fifty miles beyond Alexandria.
Some adventurous Miners have ascended this Stream as far as the
lake of the same name from which it rises, and have been rewarded
with rich strikes; as much, it is reported, as £40 a day having
been made to the hand, but instances of such good fortune are uncommon.

One circumstance, however, which deserves to be recorded,
and which is established almost beyond a doubt, through the
concurring testimony of the Miners who have seen the Country,
is the fact that the channels of Fraser River to a distance of
150 Miles beyond Fort George, the extreme point to which they
have yet prospected, are found to be auriferous, yielding on
every Bar, from Twenty, to Twenty five shillings a day to the hand.

10. I fell in with three persons who left St. Pauls,
Minnesota, some time last year; they passed the winter in the
Rocky Mountains, continued their journey Westward in the Spring,
and struck the South Branch of Fraser River near "Tete Jaune's
Cache". They saw many veins of Quartz on the Western Slopes of
the Mountains, and beds of reddish earth, which in California
are considered a sure indication of the presence of Gold; they
prospected the banks of the South Fraser, as they dropped down
the stream in a rudely formed canoe, and were nowhere disappointed
in finding Gold in highly remunerative quantities.

11. The District between Yale and Lytton abounds in rich
Bank and Bar diggings. Mr W. Gill, a respectable merchant
residing at Fort Yale, assured me that he once saw 74 ounces
of Gold Dust taken out of one mining claim at Boston Bar, by
three men in twenty four hours, and that the same claim yielded
regularly from Forty-eight to Fifty ounces of Gold a day for
about four weeks, when the holders were driven out by a sudden
rise in the River, the claim being only accessible at extreme low
water for about four weeks in the year.

12. The Miners also report the presence of Gold in the various
little streams between Pavillion and Alexandria, and in short,
believe that there is Gold in almost every part of the Country.

13. Two veins of Gold-bearing Quartz were discovered by a
party of Cornish Miners near Fort Hope, during the time I
remained at that place, and the discoverers, who entertain
sanguine hopes of success, intend to work them as rapidly as
their scanty means will permit.

14. The District between Hope and Yale is not so populous
as last year; the present mining population consisting of about
600 persons... The washing is now principally done by sluicing,
which requires fewer men and does much more work than the process
of hand-washing. A large amount of capital is invested in
ditches, which carry supplies of water for sluicing to every
Mining Bar in this District; The Miners, whose operations were
previously confined to the bed of Fraser's River, are thus enabled
to widen their field of labour by pushing shafts and other mining
works into the Banks far above the highest water levels of the
River. One of those Ditches is five miles long, and runs through
ground replete with engineering difficulties, which have been
overcome with a degree of skill and dexterity, and with a paucity
of means, that excites a feeling of admiration at the practical
talent, and daring enterprise displayed in the construction.

15. When the Gold-lead or pay streak is deeply seated, the
amount of labour which has to be executed, is something almost
incredible; the whole of the surface-earth, often twenty-five
feet in depth, with its covering of bush and forest trees of
enormous size, having to be removed before the treasure can be grasped.

16. There exist extensive dry diggings from Yale upwards
towards the Fountain, which for want of water have not been made
available for mining; but it is believed that the neighbouring
mountains contain abundant sources from whence supplies of water
may be brought in, and every inducement will be offered to persons
desirous of embarking capital in enterprises of so much public utility,
and which are indispensable in the development of the Gold Fields.

17. The Mining population of the District, extending from
Yale to the Fountain, is supposed to exceed 800 men, and about
1000 men are engaged in the same pursuits between Alexandria,
Fort George and Quesnel's River; it is however supposed that the
miners in the latter District will be compelled by the severity
of the weather to abandon it in winter, the cold being then
intense, often 20 degrees below Zero (Fahrenheit), the Rivers
frozen, and the ground invariably covered with snow in the
months between November and March. Surface mining is therefore
impossible at that season, and the miner has no inducement to
remain, and possibly has not means enough to purchase a supply
of food to keep him until the return of the mining season.
Those remarks on the climate apply exclusively to the upper
Districts of Fraser's River, and not to the country below Alexandria, which enjoys a comparatively mild, dry and pleasant climate.

18. The value of the present gold exports from British
Columbia is estimated at £14,000 a month, or £168,000 per annum;
but this estimate does not include the large amount of Gold Dust
remaining in the hands of the Miners, nor give a just idea of the whole
quantity produced, which no doubt far exceeds the value herein stated.

19. The entire white population of British Columbia does
not probably exceed 5,000 men, there being, with the exception of
a few families, neither wives nor children to refine and soften,
by their presence, the dreariness and asperity of existence.

20. A very marked improvement has taken place, since my last
visit, in the Towns of Yale, Douglas and Hope; the buildings,
though entirely of wood, being well and neatly constructed, and
it was even more gratifying to observe the growing respectability
and quiet orderly deportment of the resident population.

21. In each of those places as well as at New Westminster
and Derby, Divine Service is regularly performed by resident
clergymen; and the almost total absence of crime, shews how
usefully and extensively their influence is felt.

22. No schools have been as yet established in the Colony;
but my attention will be given to the subject of education, and
provision made for elementary schools, whenever the wants of the
country render them necessary.

23. These facts, carefully selected from the mass of material
collected during my late excursion will convey to Your Grace
an idea of the present social and industrial condition of the
Colony of British Columbia; and I will now proceed to the notice
of other matters, of no less importance.

24. The Colony is yet destitute of one highly important
element, it has no farming class; the population being almost
entirely composed of Miners and Merchants.
The attention of Government has been very anxiously directed to
the means of providing for that want by the encouragement of
agricultural settlers, a class which must eventually form the
basis of the population, cultivate and improve the face of the
Country, and render it a fit habitation for civilized man. The
miner is at best a producer, and leaves no traces but those of
desolation behind; the Merchant is allured by the hope of gain;
but the durable prosperity and substantial wealth of States is
no doubt derived from the cultivation of the soil.
Without the farmers aid, British Columbia must for ever remain
a desert, be drained of its wealth, and dependant on other
Countries for daily food.

25. The Colony has not proved attractive to agricultural
settlers. The Surveyed Country land was all put up to public
sale at New Westminster on the 5th and 6th of the present
month (October), when four lots only were sold, none of which
realized more than the upset price of ten Shillings an acre, as
there was no competition and few purchasers.

26. At Douglas and Hope various applications were made to me,
for rural land, by persons who had taken a fancy to the country,
and in some instances made valuable improvements. They asked
to be secured in the ownership of any land they might improve,
at the upset price of ten shillings an acre; and that it should
not be exposed to public sale, with a value enhanced by their
own labour and outlay, as in that case they would either have
to purchase their own improvements or see their prosperity pass
into other hands.

27. There was nothing unreasonable in their proposal, and as
meeting their views would, I felt assured, have the effect of
promoting the settlement of the country, I had every wish to do
so, but there was a difficulty in accomplishing the object, for
the reason that no Country land had been surveyed in those
Districts, nor could surveys be completed before next year, when
the petitioners would probably all have left the Colony in disgust.
I therefore had recourse to an expedient which fully met the case,
without sacrifice to the Government, and to the perfect
satisfaction of the public, by issuing a circular addressed to
the Assistant Commissioners of Crown Lands at Hope, Yale, Douglas,
Lytton, and Cayoosh, directing them to permit all persons being
at the time British subjects, and all persons who have recorded
their intention of becoming British Subjects, to hold tracts of
unsurveyed Crown Land, not being Town sites, nor sites of Indian
Villages, and not exceeding 160 acres in extent, with a guarantee
that the same would be fully conveyed to the holder when the
land is surveyed, at a price not to exceed ten shillings an acre.

28. This is in fact the basis of a preemption Law founded on
occupation and improvement, the Government agreeing on those
conditions to convey the land at a fixed price; it being moreover
provided that the rights of actual settlers, of those persons only
who are found in possession when the land is surveyed will be
recognized and allowed.
Persons wishing to acquire larger tracts will be required to pay
a deposit of five shillings per acre on all land over 160 acres
preempted for their benefit; a condition intended to serve as
a protection to bona-fide settlers, and to prevent speculators
from preying on the public, and defeating the proposed object
of encouraging the settlement of the Country.

29. If that plan should fail in attracting a population I
think it will be advisable to resort to a Canadian system of making
free grants not exceeding 100 acres of rural land to actual
settlers, on condition of their making certain specified improvements.

30. The great object of opening roads from the sea-coast
into the interior of the country, and from New Westminster to
Burrard's inlet and Pitt River, continues to claim a large share
of my attention. The labour involved by these works is enormous,
but so essential are they as a means of settling and developing
the resources of the Country, that their importance can hardly
be overrated; and I therefore feel it incumbent on me to strain
every nerve in forwarding the progress of undertakings so
manifestly conducive to the prosperity of the Colony, and which
at the same time cannot fail ere long to produce a large increase
in the public revenue.

31. We hope to complete the last section of a pack-road
leading by the left bank of the Fraser, from Derby to Lytton,
a distance of 170 miles, on, or before the 1st day of February
next. From Lytton, a natural pack-road now exists leading to Red
River Settlement by the Coutannais Pass, through the Rocky
Mountains, and from thence following the valley of the Sascatchewan,
chiefly over an open Prairie Country of great beauty, and replete
with objects of interest to the tourist and the sportsman; a
settler may then take his departure from Red River in spring with
his cattle and stock, and reach British Columbia by that road in
course of the autumn following. This is no mere theory, the
experiment having been repeatedly made by parties of Red River
people travelling to Colvile, from whence there is a good road to
Lytton; so much so indeed that one of those persons assured me
that the whole distance from Lytton to Red River, with the
exception of the Coutainnais Pass, which is thickly wooded, may
be safely travelled with carts.

If the Canadian Government would undertake to open a road
from Red River to the borders of Lake Superior, which really
presents no very formidable difficulties, the connection between
British Columbia and Canada would be complete, and the whole
distance might I think, be travelled on British Soil.

32. The declared value of British Columbia Imports for the
Quarter ending with the 30th day of September last is 207,848
dollars; and the Customs receipts for the same period, amount to
£5202, against £4242 for the preceding quarter, shewing an
increase on the latter of £960. A large sum has also been
derived from Sales of Town Land, Licenses and other sources of
Revenue, but those returns not having been received must be
reserved for a future communication.

Trusting that these details may not prove unacceptable,



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FILE: 1859-10-18_Romaine_to_Merivale_Permanent_Under-Secretary_V595AD11.txt
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Romaine to Merivale (Permanent Under-Secretary)

I am commanded by My Lords Commissioners of the Admiralty to enclose
a statement, accompanied by Vouchers, of expenses, amounting to
Fifteen pounds, fourteen shillings, and three pence, incurred by the
Naval Department for stores supplied to the Colonial Department, for
the Quarter ended the 30th June last; and to request that you will
move His Grace The Duke of Newcastle to cause repayment of the amount
to be made to the credit of Naval Services, through Her Majesty's
Paymaster General, who has been authorised to receive the same.



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FILE: 1859-10-19_Douglas_to_Newcastle_B59221.txt
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No. 221, Military Expenses

I have the honor to enclose herewith, the Copy of a letter
from Colonel Moody commanding the Forces in British Columbia,
making requisition upon me, for the sum of Two Thousand Six
Hundred pounds (£2,600)
to enable him to make provision for Officers
Quarters, Hospital and additional accommodation for men, and
also a second letter making further requisition for the sum of
One hundred and sixty pounds (£160)
to erect a building for a Military
school, and I beg to acquaint your Grace that having no funds
available for the purpose in the Colonial Chest I have been
obliged to issue instructions to the Treasurer, to procure
the same by Bills upon Her Majesty's Paymaster General, to the
amount, in round numbers, of Two Thousand Eight hundred Pounds (£2,800),
and I hope that the necessary authority may be obtained for the
acceptance of those Bills upon presentation.



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FILE: 1859-10-19_Douglas_to_Newcastle_B59223.txt
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No. 223

I have the honor to enclose herewith for your Grace's
consideration and instructions, the Copy of a letter from Colonel
Moody forwarding an application from Captain Lempriere of the
Royal Engineers, requesting to be allowed the same rate of pay
as the other officers of that rank serving in British Columbia
in consequence of his promotion.



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FILE: 1859-10-20_Newcastle_to_Douglas_B597129.txt
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No. 29

I have to acknowledge the receipt of your despatch No 206 of the
18th of August last, forwarding a report lately received from Colonel
Moody of a reconnaissance of the Harrison and Lillooet route to the
Upper Fraser, under the command of Lieut. Palmer R.E.



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FILE: 1859-10-20_Newcastle_to_Douglas_B597130.txt
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No. 30

I have to acknowledge the receipt of your Despatch, No 201, of
the 16th of August last, enclosing the report of an overland journey
of Survey in the Districts of British Columbia, bordering on the
Thompson, Fraser, and Harrison Rivers conducted by Lieutenant Richard
Mayne of Her Majesty's Ship "Plumper."



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FILE: 1859-10-20_Newcastle_to_Douglas_V597114.txt
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No. 14

I have to acknowledge your despatch No. 43 of the 27th of August
last informing me of the difficulty under which you are placed for want
of the necessary Officers for carrying on the duties of Government in
Vancouvers Island, and the use which you had consequently made of the
Services of those appointed for British Columbia.

This expedient which was regarded by yourself as temporary only
must now come to an end. Vancouvers Island must of necessity find means
for providing for its own civil administration. The connection of the
Hudsons Bay Company with the Island will terminate, as soon as questions
of account between the Company and Her Majesty's Government are settled;
and must be regarded as already terminated to this extent that the
Company will no longer provide for that expenditure. The contribution
hitherto paid by the Imperial Treasury towards the Civil Administration
of British Columbia cannot be diverted from its legitimate purpose for
the uses of Van Couvers Island.

It is therefore your duty at once to make such provision as you can
for the service in question, with the aid of the Legislature of the
Island. Her Majesty's Government leave the amount of that service, and
the Salaries to be paid in the first instance to your and their
discretion. They have no wish whatever to see any provision made,
beyond what the very limited means of the Community will allow, for the
Civil Government of the Island. Their only desire is that payment for
services of a permanent nature (such as the Salary of the Governor and
Chief Justice) whatever their amount may be, should be fixed by law, and
not merely placed on the annual estimates. But they must repeat that
Van Couver Island like other British Communities however small must
expect no assistance from without towards these ordinary and regular
expences of Her Government.



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FILE: 1859-10-20_Newcastle_to_Douglas_V597115.txt
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No.15

I have received your despatch No. 25 of the
15th of July last with
an enclosure from Mr Pemberton reporting the proposed sale of certain
inferior land in the neighbourhood of Victoria at a reduced price, and
the intention to keep open the Cowitchin and Nanaimo Valleys for
settlement.

I have to acquaint you that I see no reason to dissent from the
views you entertain on this subject.



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FILE: 1859-10-20_Newcastle_to_Douglas_V597116.txt
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No.16

I have received your Despatch No. 40 of the 22nd of August last,
and I have to express my approval of the answer which you returned to
Brigadier General Harney's communication on the subject of his
occupation of "San Juan" by a body of United State's Troops.



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FILE: 1859-10-20_Willis_to_Under-Secretary_of_State_B595AD31.txt
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Willis to Under-Secretary of State

I beg to acquaint you, for the information of the Secretary
of State, in answer to your Letter of the 18th Instant that
passage to Colon for the Bishop of Columbia and his 2 Servants,
has been ordered on board the Contract Mail Steam Packet, which
will leave Southampton on the 17th November.



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FILE: 1859-10-21_Hamilton_to_Merivale_Permanent_Under-Secretary_B595TE37.txt
================================================================================

Hamilton to Merivale (Permanent Under-Secretary)

I am commanded by the Lords Commissioners of Her Majesty's
Treasury to acquaint you that the Paymaster General has been
authorized to pay a Bill for £200 drawn in British Columbia
upon requisition made by Colonel Moody. Military Service.



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FILE: 1859-10-21_Hawes_to_Merivale_Permanent_Under-Secretary_V595WA05.txt
================================================================================

Hawes to Merivale (Permanent Under-Secretary)

With reference to the War Office letter of the 26th March last,
regarding the non-production of Vouchers in support of an expense
incurred in the erection of Buildings for the North American Boundary
expedition at Vancouvers Island, I am directed by Mr Secretary
Herbert to request that you will acquaint me whether the Vouchers in
question have yet been forwarded by Governor Douglas.



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FILE: 1859-10-21_Newcastle_to_Douglas_B597131.txt
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No. 31

I observe in your despatch of the 23rd of August No 207 that
you express your anxious wish for the arrival of the Gun boats promised
for the service of British Columbia by my Predeccessor in his despatch of
the 10th of last March.

Having made inquiries of the Admiralty on this subject, I learn
that the two Gun boats in question were despatched on the 28th of last
August—that they sailed from St Vincent on the 22nd ultimo, and
that they were then bound to the River Plate, with orders to the Admiral
on the Station to send them on as soon as he could spare them.

The "Termagant" (Screw Frigate) was to accompany them; but I
apprehend she was destined for the general service of the Station.

I take this opportunity of apprizing you that Her Majesty's
Government have ordered the "Topaze" and "Clio" to join the Squadron on
the North West Coast of America.



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FILE: 1859-10-21_Newcastle_to_Douglas_B597132.txt
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No. 32

With reference to my Despatch of the
29th September, No 27, on the
subject of the Establishment of an Assay Office and Refinery in British
Columbia, I have to inform you that the Master of the Mint has been
authorised to carry into effect the arrangements which have been
proposed for the accomplishment of this object.

I now enclose you a Copy of a Letter from the Treasury with an
annexure, from which you will learn that Mr Bacon, and Mr
Hitchcock have been engaged as Melters.



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FILE: 1859-10-21_Newcastle_to_Douglas_V597118.txt
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No. 18

I have received your despatch of the 22nd August No. 41, with
enclosures, containing further details as to the occupation of the
Island of San Juan by the United States Troops.

I have nothing to add on this occasion to the instructions, or to
the opinion which I conveyed to you, on the part of Her Majesty's Government, in my despatch of the 29th September on the general
question which has been raised by General Harney's proceedings. But in consequence of the opposite views to which your despatch refers as being entertained by Admiral Baynes and yourself in regard to the policy which you think ought to have been pursued towards the Americans, I must point
out to you that the fact of the overwhelming force of the British Navy, which was so rapidly summoned to the spot, as compared with the force of
the United States, removed any possibility of misunderstanding the
reasons of Her Majesty's Government for adopting the moderate course of
remonstrance instead of violent measures.



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FILE: 1859-10-21_Newcastle_to_Douglas_V597119.txt
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No. 19

I have received your despatch of the 17th August forwarding a
Memorial to the Queen from certain Inhabitants of Vancouvers Island
expressing their feelings on the subject of the occupation of San Juan
by theAmerican Troops.

This address has been laid before the Queen who has been pleased to
receive the same very graciously, and to command me to express Her
satisfaction at the spirit of loyalty and patriotism which has been
evinced by the Memorialists. It is Her Majesty's hope that the
Governments of the repective Nations will be able to settle this
question if a spirit conciliatory to the adjoining Country and
satisfactory to the Colonists.



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FILE: 1859-10-22_Douglas_to_Newcastle_V59049.txt
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No. 49

I have the honor to acknowledge the receipt of your Grace's
Despatch No 12 of the 16th August, transmitting the copy of a
letter from the Treasury intimating that Postage stamps will be
prepared and sent out without delay for the use of the Post
office in British Columbia and Vancouver's Island; and I beg to
return your Grace my best thanks for your Grace's ready
compliance to my requisition for those articles, which will be
of the utmost service to the Colony.



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FILE: 1859-10-22_Douglas_to_Newcastle_V59050.txt
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No. 50

I have the honor to transmit herewith the Copy of an Address
received by me from the House of Assembly of Vancouver's Island,
requesting me to forward to your Grace the accompanying Petition
from the inhabitants of Vancouver's Island, praying for an
alteration in the present Land System, and the copy of an
Address from the House of Assembly to your Grace upon the same
subject.

2. At the present moment I do not desire to offer any opinion
upon the representations made in these Documents, for I purpose
shortly to lay before your Grace my views in connection with the
Land System. I may however state that I am fully aware that the
matter is one of such vital importance to the progress of the
Colony, that it can only be dealt with upon the most mature
consideration; and I may further state that I am strongly of
opinion that no unrestricted control of Colonial Lands should be
placed in the hands of the House of Assembly until that body
provides for the Civil List required by the Colony.



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FILE: 1859-10-22_Hawes_to_Merivale_Permanent_Under-Secretary_V595WA06.txt
================================================================================

Hawes to Merivale (Permanent Under-Secretary)

With reference to my letter of 30th June last, and your reply of the
26th July stating that the Duke of Newcastle would, through the
Governor of Vancouvers Island, give orders for the erection, by the
Royal Engineers, of a Naval Powder Magazine, when furnished with the
necessary details, provided the cost thereof were borne by the War
Department.

I am now directed by Mr Secretary Herbert to acquaint you, for the
information of His Grace, that the Magazine will be required to be
sufficiently capacious to hold 5188 barrels and 682 half cases and I
am to request that instructions may be sent to the Governor to place
a suitable Site at the disposal of the War Department.

Colonel Moody will be instructed to communicate with the Governor
upon the subject, and the Secretary of State proposes, if it meets
with His Grace's concurrence, to direct the Inspector General of
Fortifications to correspond direct with Colonel Moody in respect of
the details of execution and payment.



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FILE: 1859-10-24_Douglas_to_Newcastle_B59225.txt
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No. 225, Military Expenses

I have the honor to acknowledge the receipt of your Grace's
Despatch of the 6th August No 11 acquainting me of the
requisition made by the Agents of Colonel Moody for the Balance
of Salary due to him as Commissioner of Lands and Works up to
the 31st of March last, and that you had recommended to the
Lords Commissoners of the Treasury, that the payment thereof
should be added to the advances already made from the Imperial
Chest to meet the expenses of the Engineers in British Columbia
the Colonial Revenue being unable to bear the charge.

2. Your Grace is also pleased to remind me that the Colonial
Pay of Colonel Moody is to be paid from the Colonial Revenue, and
that it cannot continue to be advanced from Imperial Funds unless
there should be no means in the Colony of meeting the charge, in
which case you direct me to make a special report on the subject.

3. I would beg very respectfully to request the attention of
your Grace to two Despatches I had the honor to address to the
Secretary of State on the 2nd of July last, Nos 182 and 183,
in which I particularly refer to the expenses of the Royal Engineer
Establishment, and to the inability of the Colony at the present
moment to provide out of her Revenues the means necessary for
their support.

4. The experience obtained since that date has made no change
in the views I then expressed, but on the contrary has also clearly
proved to me that the experiment of uniting Civil and Military
duties has not been attended with the success that was anticipated.

5. Could the Royal Engineers be wholly and solely employed
in Civil Labor, I doubt not that their services would be invaluable,
but when it is considered that their Military duties must be
attended to, and that under all circumstances strict Military
Discipline must prevail, it is easy to comprehend how restricted
their services in reality become, and how expensive is the cost
of their labor, the more especially as the actual number of
working hands is always considerably reduced by Guards, Orderlies,
Servants and Sick.

6. I have upon various occasions requested Colonel Moody
to use every exertion to reduce the expenditure of the Royal
Engineers, and I doubt not that he has endeavoured to do so, to
the best of his ability, but still their expenses are far beyond
the means of the Colony to provide for.

7. I regret that it should be so, for I hopefully anticipated
a large Revenue, and indeed looked to the Royal Engineers as in
part the means of producing that Revenue, but my hopes have not
been realized.

8. The whole cost of the civil establishment, I do not
hesitate to assert, the Colony is able to meet in a befitting
manner, and it must be remembered that she has as yet received
no assistance from the Mother Country on Civil account. All the
advances made from the Imperial Chest are solely for services
either directly or indirectly in connection with the Military.

9. I have therefore no alternative but to state that the
Colony cannot at present provide the Funds necessary for the
maintenance of the Military establishment. At some future day
I not only hope but confidently anticipate she will be in a
condition to repay the Advances that have been made to her,
but it is beyond her power to do so at this time. One point
however must not be forgotten. Rapid progress cannot be made
under present circumstances, and large Revenues must not be
instantly expected. The Country of British Columbia is not one
easy of access and development, it is not an extensive plain
intersected by Rivers easy of navigation, but on the contrary
it is rugged and mountainous, without natural roads, and with
Rivers filled with Rapids and Shallows, and rich as it may be,
as it undoubtedly is, in auriferous wealth, the difficulties
that attend Colonization are only to be overcome in course of
time and by much labor, and in proportion as we are enable to
devote funds to the construction of Roads, and by other means
to render its distant Districts accessible, so will the Country
advance in population and wealth.



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FILE: 1859-10-24_Douglas_to_Newcastle_B59225CO.txt
================================================================================

Confidential

I have the honor to acknowledge the receipt of your Confidential
Despatch of the 29th of July, in reply to mine of the 4th of
May last, upon the subject of the insufficiency of the Salary of my
Office.

2. I have to return my most sincere thanks to your Grace for
the very kind manner in which you have expressed yourself upon this
matter, and I beg to acquaint you that I am perfectly satisfied
with the Salary now allotted to me by Her Majesty's Government,
but I trust that the condition which is attached to that portion of
the Salary payable from the Revenues of British Columbia may be
removed, for it must be evident to your Grace that if the yearly
Revenue of the Colony falls short of Fifty Thousand Pounds per
annum, that circumstances can make no difference in my expenditure
and when my whole annual Income is not more than is necessary for
my support, I cannot regulate my expenses upon the
mere probability of receiving so large a portion of that Income as
Twelve Hundred Pounds (£1,200).

3. I trust your Grace is assured that no exertion has been
wanting, or shall be wanting on my part to produce from British
Columbia the largest possible Revenue, and I doubt not that the
Revenue for the current year will attain the prescribed limit,
but your Grace cannot fail to understand how serious and embarrassing
to me is the condition imposed, and upon this representation and
under the consideration that the Mother Country has incurred no
expense for the Colony on Civil account, except for a portion of
my salary, I trust your Grace will see fit to remove this condition.

4. I have recently received an offer from the Governor and
Committee of the Hudson Bay Company to purchase my retiring interest
in the Company at the price I named, so should Her Majesty's
Government not desire to avail themselves of the offer I made,
all difficulty upon that head is removed.



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FILE: 1859-10-25_Douglas_to_Newcastle_B59226.txt
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No. 226, Miscellaneous

I have the honor to submit herewith, and to solicit your
Grace's instructions in reference thereto, the copy of a Letter
from the Treasurer of British Columbia upon the subject of the
repayment of the actual expenses incurred by me in making an
Official Tour in British Columbia.

2. As the course proposed by the Treasurer, viz. that I
should receive a certain daily rate when absent from fixed
Residence appears unobjectionable, and in accordance with
established custom, I have adopted his suggestion pending the
receipt of directions from your Grace.



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FILE: 1859-10-25_Douglas_to_Newcastle_B59227.txt
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No. 227, Miscellaneous

I have the honor by request of Colonel Moody commanding the
Royal Engineers in British Columbia to forward herewith to your
Grace a statement of the losses incurred by the Officers attached
to his party, upon the occasion of the destruction by fire of
the Freight Ship Briseis on the 8th December 1858 on her
passage from England to this place.



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FILE: 1859-10-25_Douglas_to_Newcastle_B59228.txt
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No. 228

I have the honor to acknowledge the receipt upon this date,
of your Grace's Despatches as noted on the other side hereof.

*



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FILE: 1859-10-25_Holloway_to_Smith_V596H03.txt
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Holloway to Smith

Having commercial transactions in Vancouvers Island I shall be
extremely obliged if you will inform me whether or not there is a
British Consul there—if so I should be glad to know his name.

Trusting that you will pardon this liberty and assuring you that I
have not ventured to trouble you until I had failed to obtain the
information from the usual authorities.



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FILE: 1859-10-26_Douglas_to_Newcastle_B59229.txt
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No. 229, Miscellaneous

I have the honor to acknowledge the receipt of Your Grace's
Despatch No 7 of the 26th July, in reference to a joint letter
from the Treasurer and Collector of Customs, representing the
inadequacy of their salaries.

2. I observe your Grace's decision in this matter, and the
expression of your readiness to entertain any proposal which I
shall make for the general increase of the salaries of Public
Officers in the Colony of British Columbia, whenever the Colonial
Revenue will bear such additional burthen, and agreeable to
Your Grace's instructions I have communicated those particulars
to the Officers above named.



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FILE: 1859-10-26_Douglas_to_Newcastle_V59051.txt
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No. 51

I have the honor to forward herewith to Your Grace the copy of a
letter from Mr de Courcy, the Resident Magistrate at San Juan,
representing that upon his return to that place from Victoria,
he was informed by a United States official that he could not be
allowed to land his Baggage in Consequence of its not having
been cleared at the Customs House at Port Townshend.

Subsequently however Mr de Courcy was allowed to land with his
baggage without molestation.

2. Your Grace will observe that Mr de Courcy forwards with his
letter the Copy of a Notice Signed by the United States
Inspector of Customs for the Island of San Juan, Setting forth
that the Revenue Laws of the United States are in force on all
the Islands East of the Canal de Haro and that vessels must
clear at the Custom House at Port Townsend, in default of which
the vessels and goods will be liable to Confiscation.

3. This assumption of Exclusive authority on the part of the
United States officials, and the attempted Extension of the
United States Revenue Laws to the Islands of the Haro
Archipelago, is most unwise, and no course that could be adopted
is more likely to provoke a collision.

4. The question of occupation, having been referred to Her
Majesty's Government and Mr de Courcy having Eventually been
allowed to land his Baggage, I have not taken any steps with
regard to this matter.

5. Our forbearance has been great, and Your Grace may rest
assured that if it be possible we shall patiently and quietly
await the action which may be instituted by Her Majesty's
Government.



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FILE: 1859-10-27_Hamilton_to_Merivale_Permanent_Under-Secretary_V595TE05.txt
================================================================================

Hamilton to Merivale (Permanent Under-Secretary)

I am directed by the Lords Commissoners of Her Majesty's Treasury,
to acquaint you that the Paymaster General has been ordered to accept
a Bill for £1,000, being portion of £2,000 referred to in your Letter
of the 22nd Instant, which has been drawn by the Governor of
Vancouver's Island, on account of expenses incurred in consequence of
the occupation of the Island of San Juan by a body of American
Troops.

Their Lordships request that you will move the Duke of Newcastle to
Communicate with the War Department, with a view to some provision
being made in the Army Estimates, for the expenses that may be
incurred for this service.



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FILE: 1859-10-27_Hawes_to_Under-Secretary_of_State_B595WA23.txt
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Hawes to Under-Secretary of State

I am directed by Mr Secretary Herbert, to acknowledge the
receipt of your letter of the 3rd Ultimo, and to acquaint you
that the sum of £49.19.0 referred to in the letter from this
Office of the 4th July, forms no part of the amount claimed
in the subsequent letter of the 23rd August.

I am to add that the claim of £165.19.4 is not for Medical
Stores supplied by the Army Medical Department exclusively to
the Detachment of Royal Engineers proceeding to British Columbia,
but is made up of separate items as follows,

Per Voucher forwarded to Colonial Office in letter dated

dated 28th August 1858 £14. 6. 2

Do 30 August 1858 38.12. 6

Do 7th December 1858 1.13. 0

Do 23th August 1859 111. 7. 8.

 £165.19. 4



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FILE: 1859-10-28_Forbes_to_Newcastle_V596F01.txt
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Forbes to Newcastle

I beg leave most respectfully to enclose herewith for your Grace's
consideration documents shewing my Public Services in the War Office
the same having been returned to me by my Agents Messrs Cox & Co
from Mr Ellice by whom I had great expectation that he would
intercede and procure for me a free grant of Land in Van Couvers
Island from the Government, for the loss that I have sustained on
leaving Office, in not having that allowance granted to me that I was
entitled upon every principle of equity and justice.

From Mr Ellice's note to my Agents herewith enclosed also, it will
appear that no grant of Land will be given in your Grace's Department.
I shall feel obliged to know on my arrival on the Island in question,
whether the Governor will have the power to comply with my request
and allow the same to myself and Family.

I most humbly submit that your Grace will be pleased to peruse the
Papers enclosed, having done so, the boon I now beg cannot be withheld
from



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FILE: 1859-10-28_Hawes_to_Under-Secretary_of_State_V595WA07.txt
================================================================================

Hawes to Under-Secretary of State

With reference to your letter of the 19th Inst. transmitting certain
tracings of Vancouvers Island, with a request from the Duke of Newcastle that they may be lithographed in the Topographical
Department of the War Office.

I am directed by Mr Secretary Herbert to inform you that he has
great pleasure in complying with his Grace's request, and that the
lithographing of these plans has been commenced in the Topographical
Department.



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FILE: 1859-10-28_Newcastle_to_Douglas_B597133.txt
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No. 33

I have to thank you for your Despatch of the 23d August No
207, reporting upon the state of British Columbia down to that date.
There
is much in that report which affords satisfactory evidence of the value
of this Colony as a British possession but it is impossible to peruse
your Despatch without being struck with the little progress which has
been made in the communications into the interior. From the large
expenditure incurred on account of the Harrison Lillooet Road and the
zeal which was so early manifested in the Colony for its formation, Her
Majesty's Government were led to suppose that a route would be opened
for the Miners which would considerably abridge the distance in reaching
the scene of their labors, and facilitate the transport to them of the
means of subsistence. I now learn that this work is being faintly
prosecuted by the Royal Engineers under the command of Captain Grant,
that funds to the extent of £30,000 are needed for its completion,
besides, as you inform me, "the helping hand of Government on all
sides." You throw out a suggestion that this pecuniary assistance could
be easily raised by way of loan either in England or in Vancouver Island
provided its payment were guaranteed by Parliament. I think it right to
lose no time in disabusing you of the impression you allow yourself to
entertain that the Imperial Parliament could be recommended to take the
course you wish. Both Parliament and the English public claim from
British Columbia an energetic developement of the great natural
resources with which it is endowed.

The admonitions which have been so ably and so frequently proffered
by my Predecessor that British Columbia should look to her own exertions
for success must not pass unheeded, but a practical exemplification of
that advice must be exhibited. Her Majesty's Government have applied to
Parliament already for advances in aid of the Colony to an extent which
shows that no reasonable demands have been refused when proved to exist,
but this assistance must not be drawn into a precedent to be followed on
all occasions, nor lead you, or the Inhabitants of the Colony, to expect
that this Country shall supply you with the means of developing those
resources which it is your duty to make the most of yourselves. I am
explicit with you on this point, and wish you to understand that Her
Majesty's present Government, sharing completely the sentiments of the
late Government in respect to British Columbia, cannot venture to ask
Parliament for any such Guarantee as you desire.

2. You have on many occasions adverted to your intention of
levying an export duty on Gold, but as no report has reached this Office
of your having done so I conclude that impediments have arisen to
frustrate this very necessary measure. Now, however, that it has been
determined to set up a Government Assay Office in the Colony, you will
lose no time in resorting to the expedient for which you have pressed
Her Majesty's Government to give you such facilities as are requisite.

3. I am glad to hear that the Miners have been so successful in
their pursuits on the Thompson and Quennel Rivers. I wish it were in my
power to assist them in regard to Banks of Deposit. But these
conveniences of a highly civilized state of society will accompany wealth
by degrees, and can scarcely be looked for at so early a period of
advancement as British Columbia has yet arrived at. Possibly some
arrangements may be made with the Bank of British North America which
has the power and intention of carrying on banking business in
Vancouvers Island and British Columbia.

4. The Newspapers enclosed in your Despatch contained intelligence
of a highly interesting nature; and I will thank you to send me more
from time to time.



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FILE: 1859-10-31_Newcastle_to_Douglas_V597117.txt
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No. 17

I have to acknowledge the receipt of your Despatch No. 32 of the
8th of August last, recommending that the Lanterns and Lighting
Apparatus for the Lighthouses erecting in Fucas Straits should be sent
out by the Hudson's Bay Company's annual Ship which was to leave London in September last.

In reply I have to acquaint you that the Lanterns and apparatus in
question are in course of construction and will not be ready to send out
to the Colony before the end of November, and as soon as they are
completed and a Vessel engaged for their conveyance a further
communication will be made to you on the subject.

As regards your request that a competent person may be sent out to
superintend the fitting of the Lanterns and Apparatus, and to Head
Lightkeepers to manage the Lights, I have to inform you that enquiries
are being made for competent persons who may be willing to go out to the
Colony to undertake these duties.



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FILE: 1859-10-31_Shaw_to_Merivale_Permanent_Under-Secretary_B595MI22.txt
================================================================================

Shaw to Merivale (Permanent Under-Secretary)

I am directed, through you, to return the Society's best
thanks to the Duke of Newcastle, for the communication, just
received, of a copy of the Despatches from the Governor of
Vancouver Island enclosing the report of Lieut Richard Mayne
of an overland journey in the Districts of British Columbia
bordering on the Thompson, Fraser & Harrison Rivers; and that of
Lieut Palmer's

*

reconnaissance of the Harrison and Lillouet
route to the Upper Fraser; both of which shall be laid before
the Council at its next Meeting.

With reference to the maps and plans which accompany the
reports, and are about being lithrographed, I am requested to
add that the Society will be glad to be favored with copies
of them as soon as completed.



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FILE: 1859-11-01_Douglas_to_Newcastle_B59235.txt
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No. 235

I have the honor to forward for your Grace's information
the Copy of a Report which I lately received from Mr William
Downie, the same enterprising person who last winter furnished
a report, also forwarded with my Despatch No 123 of the 25th
of March last, on Jarvis' Inlet.

2. The report now transmitted relates to the unsuccessful
result of the attempt made in the month of July last, by a body
of miners from this place, to explore Queen Charlotte's Island.

3. The adventurers, dismayed by the rugged aspect of the
Country, the humidity of the climate, and the numbers and
formidable appearance of the Native Tribes, did not prosecute
the enterprise with resolution or tenacity, and soon returned to
this place, with the exception of a few daring spirits, who
accompanied Mr Downie to Fort Simpson, and there made arrangement
to explore the course of Skeena River, which flows into the sea
at Port Essington, North Latitude 54o 15.

4. The party commenced the ascent of the Skeena in a canoe,
which they managed to take on as far as the Forks, a distance
of 110 miles from the Sea. The River ceases to be navigable
at that point, in consequence it is supposed of Falls and
dangerous rapids; and they had to leave the canoe, and to travel
55 miles by land to the Indian Village of "Naas Glee", a celebrated native fishing station, from whence the Skeena again
becomes navigable to its source in "Babine Lake", fifteen
miles beyond "Naas Glee".

5. Babine Lake is a broad and extensive sheet of water
nearly 90 miles in length, with depth sufficient for vessels
of the largest class; and is separated by a low table-land 13
miles in breadth from Stuarts Lake, a feeder of Fraser's River,
not quite so large as Babine Lake, but otherwise equally well
adapted for the purposes of navigation.

6. The Report closes with the arrival of Mr Downie and
party, after much suffering and privation, at Fort St. James,
Stuart's Lake; when their wants were generously relieved, and
themselves hospitably entertained, by the officers of the
Hudson's Bay Company.

7. Mr Downie made several important discoveries in course
of his adventurous journey. He found gold in small quantities on
the Skeena River; and the mountains, which he had not time to
explore, appeared to be of the formation containing gold; he
also saw very valuable and extensive beds of coal. He moreover
found gold on Stuarts Lake. He describes the country between
the Forks and "Naas Glee" as being well adapted for farming,
and suitable for the construction of roads. The whole distance
from Babine Lake to the Sea does not appear to exceed 180
miles, a great part of which is accessible by water.

8. The valley of the Skeena is thus shewn to be an available
avenue into the interior of British Columbia, and will, I have
no doubt, soon become a most important outlet for the upper
Districts of Fraser's River; which, from the course of the River
and the direction of the Coast, are brought in close proximity
with the sea.

9. As a means of supplying the distant mining Districts of
British Columbia by a shorter and cheaper route than the valley
of Fraser's River, its importance will soon be appreciated, and
attract the attention of the mining and commercial classes; and
I believe that the day is not far distant when Steamers will be
busily plying on the waters of the two great inland Lakes.

10. It appears from the American papers published in Washington Territory, that rich gold diggings have been very lately found by
the men of the United States Boundary Commission on the Shimilcomeen
River, and we shall have to turn our attention immediately to that
quarter, as the greater part of the Shimilcomeen Valley lies north
of the 49th parallel of latitude, and within the limits of this
Colony.

11. The enclosed clipping from the "Pioneer and Democrat" of
the 4th of November instant contains all the information we
have yet received relative to that discovery.



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FILE: 1859-11-01_Romaine_to_Merivale_Permanent_Under-Secretary_B595AD32.txt
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Romaine to Merivale (Permanent Under-Secretary)

I am commanded by my Lords Commissioners of the
Admiralty to send you herewith, for the information of
Her Majesty's Secretary of State for the Colonies, a copy
of a Letter from Rear Admiral Baynes, dated the 15th
Augt No 114, with Copies of its enclosures, relative
to the existence of Coal on the Shores of Burrard's Inlet
in British Columbia.



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FILE: 1859-11-01_Wodehouse_to_Merivale_Permanent_Under-Secretary_V595FO23.txt
================================================================================

Wodehouse to Merivale (Permanent Under-Secretary)

I am directed by Lord John Russell to transmit to you, for the
information of His Grace the Duke of Newcastle, a copy of a despatch
from Her Majesty's Minister at Washington, inclosing a copy of a Note
which His Lordship addressed on the 17th ultimo to General Cass upon
the subject of the occupation of the Island of San Juan by United
States' Troops.



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FILE: 1859-11-02_Newcastle_to_Douglas_B597134.txt
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No. 34

I have to acquaint you that the Paymaster General has been
authorised to pay a Bill for Two hundred pounds (£200) drawn in British
Columbia, upon requisition made by Colonel Moody, for the Military
Service of the Colony.



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FILE: 1859-11-02_Newcastle_to_Douglas_V597120.txt
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No. 20

I transmit to you herewith copy of a correspondence which has
passed between this Office and the War Department relative to the
erection of a Naval Powder Magazine in VanCouver Island, and I have to
instruct you to place a suitable site at the disposal of the War
Department for this service, and to desire the Officer Commanding the
Royal Engineers to take at once those measures which are requisite for
carrying the wishes of the War Office into effect.



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FILE: 1859-11-02_Newcastle_to_Douglas_V597121.txt
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No. 21

With reference to my Predecessor's despatch No. 41 of the 2nd of
April requesting you to furnish certain vouchers required by the War
Department in connection with the Accounts of Expenditure incurred for
buildings erected in Vancouvers Island for the North American Boundary
Surveying Expedition, I have now to acquaint you that I have received a
further communication from the War Office respecting the non production
of these Vouchers and to request that you will forward them to this
Office without delay.



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FILE: 1859-11-02_Romaine_to_Merivale_Permanent_Under-Secretary_V595AD12.txt
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Romaine to Merivale (Permanent Under-Secretary)

The War Department having represented to my Lords Commissioners of
the Admiralty that a request that was made by this Department on the
6th June last, for directions to be given to Colonel Moody, of the
Royal Engineers, for the erection of a Powder Magazine at Vancouvers
Island for the supply of H.M's Ships upon the Northern Division of
the Pacific Station, had been forwarded to His Grace the Duke of
Newcastle, I am commanded by their Lordships to request you will move
His Grace to cause me to be informed what instructions have been sent
to Colonel Moody upon this subject.



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FILE: 1859-11-03_Murdoch_and_Rogers_to_Merivale_Permanent_Under-Secretary_V595LN08.txt
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Murdoch and Rogers to Merivale (Permanent Under-Secretary)

With reference to your letter of the 19th ultimo we have the honor
to inform you that, immediately upon its receipt, we issued to the
comptroller of the Stationery Office the necessary instructions for
printing 300 Copies of Mr Pemberton's report on the survey of the
Districts of Nanaimo and the Cowichan valley in Vancouvers Island.

2. We have received from the Stationery Office 100 Copies of these
reports, of which we enclose 50 for use in the Colonial Office;

*

the remaining 50 being retained
for gratuitous distribution through this office. Arrangements have
been made by the Comptroller of the Stationery Office for the sale of
the other 200 Copies.

3. In preparing these reports for the press we thought it advisable
to omit two or three passages from the report of Mr Wells in which
he suggests the reservation of certain Land for Crown purposes.



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FILE: 1859-11-04_Berens_to_Newcastle_V595HB15.txt
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Berens to Newcastle

I have the honor to acknowledge the receipt of Mr Merivale's letter
of the 31st ultimo transmitting a copy of a correspondence which has
passed between your Grace and Governor Douglas on the employment of
British Columbia Officials in the service of the Government of
Vancouver's Island.

The portion of that correspondence which seems most particularly to
interest this Company is the announcement made at the end of Your
Grace's letter to Governor Douglas, that Vancouver's Island like
other British Communities however small "must expect no assistance
from without towards the ordinary and regular expenses of her
Government"—and I shall take care that the attention of the
Company's representative in Vancouver's Island, to whom the whole
correspondence will be forwarded by the next post, shall be called to
that intimation.

I avail myself of this opportunity of referring your Grace once more
to a letter which Mr Fortescue addressed to me on the 12th July
last by Your Grace's directions, and in which after referring to
certain advances made by this Company's representative in the Island
at Governor Douglas's earnest request for the erection of some public
buildings which were pressingly required, you informed me that Her
Majesty's Government would not consider themselves bound by the
conditions of the Grant of Vancouver's Island to take upon themselves
the repayment of any cost thus incurred, after the actual expiration
of the Grant, or in the immediate prospect of its expiration.

That letter I had the honour of answering on the 19th of the same
month, and I at the same time directed that a copy of the
correspondence should be forwarded to Vancouver's Island for the
guidance of Mr Dallas, the Company's representative there. The last
Mail has brought Mr Dallas's acknowledgement of the correspondence,
together with a letter addressed to the Secretary of this Company
giving a detailed account of the circumstances under which he
consented to make those advances.

I now have the honor of transmitting that letter for Your Grace's
information, (together with a Copy of a correspondence on the subject
which has taken place between Mr Dallas and Governor Douglas), and I
venture to hope that the explanations which he gives will satisfy
Your Grace that under the circumstances he could not have acted
otherwise.



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FILE: 1859-11-04_Wodehouse_to_Merivale_Permanent_Under-Secretary_V595FO24.txt
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Wodehouse to Merivale (Permanent Under-Secretary)

With reference to the accounts which have been recently received of
the State of Affairs in San Juan and Vancouver's Islands, I am
directed by Lord John Russell to request that you will move His Grace
The Duke of Newcastle to favour His Lordship with an opinion as to
whether any means can be taken to promote British Emigration to
Vancouver's Island.



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FILE: 1859-11-05_Douglas_to_Newcastle_V59052.txt
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No. 52

I have duly received your Graces Despatch No 3 of the 22d July,
transmitting copies of a correspondence between the War Office,
Foreign Office, the Admiralty, and the Colonial Office referring
to the disposal of the Land and Buildings at Esquimalt, occupied
by the surveying party under the Command of Lieut Colonel
Hawkins.

2. I have agreeably to your Graces instructions, put myself
into communication with Rear Admiral Baynes the senior Naval
Officer on the station, and I beg to enclose herewith for your
Graces information the copy of a letter from Admiral Baynes, in
which he states his intention of recommending the Lords
Commissioners of the Admiralty to obtain the Land and buildings
in question for Naval purposes.



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FILE: 1859-11-05_Douglas_to_Newcastle_V59053.txt
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No. 53

With reference to the last paragraph of my Despatch No 32 of the
8th August, upon the subject of the Light houses to be erected
in the straits of Fuca, I have now the honor to transmit to Your
Grace, the copy of a letter from the Colonial Surveyor
describing the height of the Towers, and the length of the
Lightning conductors that will be required.



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FILE: 1859-11-05_Waddell_to_Colonial_Office_V596W01.txt
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Waddell to Colonial Office



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FILE: 1859-11-07_Douglas_to_Newcastle_B59230.txt
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No. 230, Miscellaneous

I have the honor to acknowledge the receipt of your Grace's
Despatch No 6 of the 26th July, acquainting me that it was
not in your power to sanction any increase to the salary assigned
to the Colonial Secretary, and that you had therefore, no
alternative but to direct me to accept Mr Young's resignation
of that Office.

2. I notice that your Grace leaves in my hands the selection
of a Gentleman to fill the responsible position of Colonial
Secretary, and you trust that I may be able to replace Mr Young
by a Gentleman, either well known, or well recommended, who is
now in the Colony and who may be willing to give his services
for £500 a year.

3. It is difficult to find a person so well qualified for
the office of Colonial Secretary, as is Mr Young, for with
considerable experience, he combines attention to business,
and suavity of manner, and his ability is undoubted, while in
all respects I can place the most perfect reliance on his
judgement and integrity; a consideration of the highest importance
in a Colony where I am necessarily often called away from the
seat of Government.

4. As I have found no one capable of replacing him, I have
prevailed upon him to remain in Office for the time being; and
I have communicated to him the expression conveyed in your Grace's
Despatch No. 7 of the 26th, of your readiness to entertain
any proposal which I shall make for increasing the salaries of
the Public Officers of the Colony whenever the Colonial Revenue
will bear such burthen.

5. With respect to your Grace's remarks on Captain Gosset's
proposal to undertake the combined duties of Treasurer and
Colonial Secretary of British Columbia, I am of a like opinion
with Your Grace, that the arrangement would not work well, the
two offices from their nature being incompatible.

6. I have agre[e]ably to your Grace's instructions, communicated
to Captain Gosset how irregular it is for him to correspond with
a subordinate member of the Colonial Office in reference to his
personal official position, and I have also pointed out to him
the manner in which all such correspondence should be conducted.



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FILE: 1859-11-07_Douglas_to_Newcastle_V59054.txt
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No. 54

I have the honor to acknowledge the receipt of your Graces
despatch No 5 of the 24th of July relative to my correspondence
with the House of Assembly on the subject of the reservation of
Crown Lands in the several districts of the Colony of Vancouvers
Island, and I beg to convey my thanks to your Grace for the
valuable information therein communicated to me.



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FILE: 1859-11-07_Hamilton_to_Merivale_Permanent_Under-Secretary_V595TE06.txt
================================================================================

Hamilton to Merivale (Permanent Under-Secretary)

With reference to your letter of the 22nd ulto: I am commanded by
the Lords Commissoners of Her Majesty's Treasury to acquaint you
that the Paymaster General has been authorized to accept and pay a
Bill drawn by Mr W.D. Gosset, Acting Treasurer, Vancouver's Island
for the sum of £280, being a further payment on account of Expenses
at Vancouver's Island in consequence of the occupation of St Juan by
the United States Troops.



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FILE: 1859-11-07_Julyan_to_Elliot_Assistant_Under-Secretary_B595AG03.txt
================================================================================

Julyan to Elliot (Assistant Under-Secretary)

In reply to your letter of the 5th instant, I have the
honor to inform you for the information of His Grace the Duke
of Newcastle that the two accounts referred to by you were
paid to Messrs Evans and Stevens long ago—Vizt £14-6-2
on the 7th October, and £1-13-0 on the 23rd December 1858.



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FILE: 1859-11-08_Murray_to_Merivale_Permanent_Under-Secretary_V595FO25.txt
================================================================================

Murray to Merivale (Permanent Under-Secretary)

I am directed by Lord John Russell to acknowledge the receipt of your
Letter of the 2nd instant respecting a claim which had been
preferred on the Colonial Department for the payment of Twelve
Shillings on account of Stores supplied to Lieutenant Colonel Hawkins
at Vancouver's Island; and I am to state to you, in reply, that His
Lordship has requested the Secretary of State for War to give
directions that this Sum may be paid to the credit of Naval Services
and charged to the Account of Her Majesty's Special Mission for the
survey of the land boundary between British Oregon and the Territory
of the United States.



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FILE: 1859-11-09_Douglas_to_Newcastle_V59055.txt
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No. 55

I have the honor of transmitting herewith for your information
the Copy of a Correspondence which I have lately had with
Lieutenant General Scott, Commanding the United States Army,
relative to the temporary adjustment of the difficulty connected
with the present occupation of the Island of San Juan, by Naval
and Military Forces of Her Majesty and the United States of
America.

2. You will observe that General Scott proposes in his first
communication that the forces of both Governments should be
withdrawn, with the exception of a hundred men to be maintained
respectively by each Government on the Island while the question
of title is in abeyance, for the protection of their several
interests and subjects: his proposal in fact involving the
formation of a joint Military occupation of San Juan.

3. An adjustment founded on the principle of a joint Military
occupation was for many obvious reasons objectionable.

I could not for example without inconsistency, assent to a
measure against which I had entered a formal protest on behalf
of Her Majesty when the first detachment of United States Troops
was landed at San Juan, nor did I conceive it proper to
anticipate the instructions of Her Majesty's Government by
assuming a power for which I had no sanction or authority. I
moreover conceived that the removal of the whole of the United
States Troops might be demanded by Her Majesty's Government as
an indispensable act of national courtesy, preliminary to any
negociation for the Settlement of the difficulty; and I
therefore did not think it proper to assent to any measure short
of that concession.

4. Presuming however, that Her Majesty's Government would not
desire that unnecessary obstacles should be placed in the way of
an immediate adjustment, I submitted to General Scott for
Consideration another project of arrangement by means of a joint
Civil occupation, which appeared in principle unobjectionable,
and not inconsistent with my general instructions.

5. General Scott in his second Despatch states certain
constitutional objections to my proposal, which he appears to
think will render the Employment of Civil Magistrates
inexpedient, and expresses a doubt of their efficiency for
protection or preventing collisions; and with some remarks
touching the object of his mission to this Country, renews his
first proposal for a joint Military occupation of the Island.

6. In my second Despatch of the 3rd of November instant, I
have entered more freely into the Circumstances connected with
the occupation of San Juan, and distinctly inform General Scott
that I cannot without express instructions from my Government
assent to his renewed proposal for a joint Military occupation.

7. I also took the liberty of Suggesting to him what I from the
first conceived to be the proper and graceful course for the
Government of the United States to pursue, namely that General
Scott should at once proceed to carry into effect his mission
of peace by removing the large Military force with its Eight
heavy guns and numerous field pieces which wear the appearance
of menace while Crowning the heights of San Juan; assuring him
that the British Naval force, consisting of Her Majesty's Ship
"Satellite", would in that case also be withdrawn; and that no
attempt would be made, on our part, to occupy the Island, or to
take any proceeding to the prejudice of the position in which
the question of title was placed by Her Majesty's
Representative, and Mr Secretary Marcy in the Year 1855.

8. General Scott in his reply dated the 5th of November
instant States that he has ordered the number of United States
Troops on the Island of San Juan to be reduced to Captain
Pickett's Company of Infantry consisting I believe of 50 men,
who will be left there professedly for the protection of
American Settlers against Indians; and a Copy of the orders to
the Officer in Command of the United States Troops at San Juan
to that effect, as transmitted with his letter.

9. In my reply of the 7th of November I have simply stated that
I will communicate the intention expressed in his letter to Her
Majesty's Government, in the hope that it may be accepted as a
proof of the desire of the United States to restore the former
Status of the disputed Territory.

10. There is no reason to doubt that the United States Troops
now occupying San Juan will be reduced, as soon as circumstances
permit, to the number appointed by General Scott to remain
there; and I am informed that they are now actually under orders
to leave the Island: but the question still remains as to the
necessity of maintaining any Military force at all upon the Island.

11. The alleged reason, the protection of settlers, for leaving
the Troops there will apply with equal force in any other
Settlement of white men on this coast, the settlers on San Juan
not being peculiarly exposed to the incursions of Savages. I
however admit the general proposition that protection is at
times necessary; but that object may be as fully attained by the
occasional appearance of a Vessel of War, with a moveable force,
as by forming a permanent Military Station, and it is moreover
worthy of remark that the United States Settlers on San Juan
are, with one or two exceptions, persons who have recently
arrived there, subsequently to its occupation by the Troops of
their Government.

12. I am therefore unable to admit the necessity alleged by
General Scott of maintaining permanently a body of Troops
there, which I conceive would occasion a fruitless and
unnecessary Expenditure to both Governments; and moreover there
are many Serious objections to that course, one of the most
evident being the encouragement it would give to a Squatter
population, whom it would be a very difficult matter to control,
and whose presence notwithstanding every precaution that may be
used to prevent difficulties, would lead to incessant Complaints
and recriminations.

13. I would further take the liberty of suggesting with the
view of preventing further complications, that neither
Government should promise or hold out the prospect of protection
of Settlers, and that it should be agreed as a mutual advantage,
to leave the whole of the disputed Territory unoccupied until
the question of Sovereignty has been determined, when it may be
disposed of in accordance with the views of the Government to
which it may be adjudged.



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FILE: 1859-11-09_Newcastle_to_Douglas_B597135.txt
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No. 35

With reference to my Despatches Nos 11 and 21 of the 6th
August and 8th
September last, I have to acquaint you that on the application of
Messrs Cox & Co, I have requested the Lords Commissioners of the
Treasury to direct payment to them as Agents for Colonel Moody of the
Salary of that Officer as Commissioner of Lands and Works for the
Quarter ended 30th June, 1859.



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FILE: 1859-11-10_Douglas_to_Newcastle_B59231.txt
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No. 231

I have the honor to acknowledge the receipt of Sir Edward
Bulwer Lytton's Despatch No 62 of the 7th May on the
subject of the disposal of Crown Lands in British Columbia.

2. In my Despatch No 156 of the 23rd May, replying to
Sir Edward Bulwer Lyttons Despatch No 16 of the 7th February,
I stated my full concurrence in regard to the advantage
attending the system of prompt payment for Land, and we shall
if practicable without retarding the settlement of the Country,
introduce the practice into British Columbia.

3. With reference to the reservation of Lots at New Westminster for sale in the United Kingdom and the British
Colonies, which is discussed in the same Despatch No 62, I
could remark for Your Grace's information, that it was made with
the view of meeting the demand anticipated by the large emigration
expected this year from Great Britain and her Colonies, and which
it was feared might otherwise be deprived of the chance of
obtaining Lots at New Westminster.

4. It was however never intended, nor have we empowered any
agents to sell, specific Lots either in the United Kingdom or the
Colonies, otherwise such powers should be recalled, agre[e]ably to
the instructions received on this matter.



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FILE: 1859-11-10_Douglas_to_Newcastle_V59057.txt
================================================================================

No. 57

I have the honor to acknowledge the receipt of your Graces
Despatch No 8 of the 11th August, transmitting for my guidance,
Copy of correspondence from the Treasury and Board of Trade,
respecting the manner in which payments should be made and
accounts rendered, in regard to the Lighthouses in Fuca Strait,
and at Esquimalt Harbour; and in reply thereto, I have the honor to acquaint Your Grace, that I have instructed the Treasurer in
accordance therewith, and have authorized him to draw upon the Board of Trade in the manner pointed out, for the sum of Fifteen hundred pounds (£1,500) which is now required to complete payment for works in progress.



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FILE: 1859-11-10_Wodehouse_to_Merivale_Permanent_Under-Secretary_V595FO26.txt
================================================================================

Wodehouse to Merivale (Permanent Under-Secretary)

I am directed by Lord John Russell to transmit to you, to be laid before His Grace The Duke of Newcastle, copies of a despatch and its inclosures from Her Majesty's Minister at Washington, containing the
instructions which have been sent by the United States' Government to
General Scott and Governor Gholson with respect to the occupation of
the Island of San Juan, and reporting a conversation which Lord Lyons
had held with General Cass thereupon.



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FILE: 1859-11-11_Douglas_to_Newcastle_B59232.txt
================================================================================

No. 232

I have the honor to acknowledge the receipt of your Grace's
Despatches on this date, of the Numbers and Dates as noted on
the other side hereof.

*



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FILE: 1859-11-11_Douglas_to_Newcastle_V59056.txt
================================================================================

No. 56

The accompanying communication from General Scott has come to
hand just as the Mail is being closed.

It is in reply to my last letter of the 7th November and evinces
a spirit of conciliation highly honorable to General Scott and
which cannot fail to be Satisfactory, to Her Majesty's
Government.

General Scott alludes to the complaint of William
Moore a British Subject which I presented to him for
arrangement, but I will not trouble your Grace with the merits
of that case, unless I fail in procuring satisfaction from the
authorities of Washington Territory.



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FILE: 1859-11-14_Douglas_to_Newcastle_B59233.txt
================================================================================

No. 233, Miscellaneous

I have the honor to acknowledge the receipt of your Grace's
Despatch No. 16 of the 5th September, and to inform your
Grace that I have duly conveyed to Mr Justice Begbie, the
expression of your Grace's thanks for the interesting account
of his expedition into the Interior of British Columbia.



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FILE: 1859-11-15_Godley_to_Merivale_Permanent_Under-Secretary_B595WA24.txt
================================================================================

Godley to Merivale (Permanent Under-Secretary)

I am directed by Mr Secretary Herbert to acknowledge
the receipt of the Map and Report of certain Districts in
British Columbia by Lieutenant Mayne R.N. forwarded with
your letter of the 29th Ult. and I am to request that
you will inform His Grace the Duke of Newcastle that the Map
shall be lithographed and 100 copies furnished by the
Topographical Branch of this Office in accordance with his wishes.



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FILE: 1859-11-16_Douglas_to_Newcastle_B59234.txt
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No. 234

I have the honor to acknowledge the receipt of your Despatch
No 13 of August 1859 upon the subject of the Postal communication
with the Colonies of British Columbia and Vancouver's Island.

2. I regret to learn from this Despatch that Her Majesty's
Government have decided that the advantages which would be
derived by these Colonies in the establishment of a direct Mail
Service between San Francisco and British Columbia would not
prove equivalent to the large amount of subsidy required for
carrying out the undertaking—and that the same reason has
precluded the Government from entertaining the proposal for
a direct route via Canada and Hudson's Bay Company's Territory.

3. I observe that hereafter the correspondence for these
Colonies will be transmitted in closed Mails to Her Majesty's
Consul at San Francisco who is to forward them by the first
opportunity to their destination, and further that your Grace
instructs me to endeavour to secure the improvements in the
existing Mail Service which I pointed out as desirable in my
Despatch of 5th November 1858.

4. Those improvements pointed chiefly to the establishment
of a direct line between this and San Francisco, and I understand
your Grace's present instructions as requiring me to ascertain
whether such improvements can be obtained under existing
circumstances by combination with present arrangements.

5. Heretofore the United States Mail Steamers were under
the obligation of conveying the letters for Vancouver's Island
and British Columbia, if properly directed, to Puget Sound; and
before those steamers touched at Victoria, we received the Mail
from Puget Sound by any chance opportunity that offered. Since
however the gold discoveries in British Columbia the United States
Mail Steamers have found it to their advantage to call regularly
at Victoria, and, through the civility of the Post Office
authorities in San Francisco, a separate Mail Bag for Victoria
has always been made up and forwarded. The same will probably
continue to be the case under the arrangement of sending the
closed Bags to the Consul at San Francisco, except that the
conveyance of the Mail to these waters will then become a matter
of favor; but I scarcely anticipate any delay, for both the Post
Office Authorities, and the Officers of the Mail Steamers, are
invariably most accommodating and attentive.

6. But under this system your Grace will at once perceive
how entirely dependent we are upon United States resources, and
subject to the courtesy of United States Officials for the receipt
of our Mails, and that it is in their power, at any moment,
entirely to stop the communication. Another serious inconvenience
also attaches to the present system, and that is the almost utter
impracticability of replying to correspondence by the same Mail;
for the steamer arrives at uncertain periods, and generally
does not remain more than two hours, so that it frequently
happens that the Mail is actually not delivered until after she
has left the Port.

7. For some months past, until very recently, a British
Screw Steam Vessel, the "Forward," was put upon the line between
Victoria and San Francisco, and her owners were very desirous
of obtaining the Mail Contract—for with that prestige and
certainty there would have been ample inducement for her
continuance. Application was made to me on the subject, but I
could only mention the arrangement Her Majesty's Government
purposed making in England. The "Forward" has I regret to say
recently been withdrawn, not being able to compete with the
monopoly of the Pacific Mail Steam Ship Company. I learn
however she is still at San Francisco unemployed, and I am
inclined to think that but a trifling inducement would bring
her upon the line again, which is much to be desired for many
reasons. I have therefore—carrying out what I believe to be
the desire of your Grace—requested the Agents of the "Forward"
to make me an offer of the rate at which they would undertake
to perform the Mail Service between this place and San Francisco,
and so soon as a reply is received
*
I will forward it for the
consideration of your Grace.



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FILE: 1859-11-16_Moody_to_Under-Secretary_of_State_B596M03.txt
================================================================================

Moody to Under-Secretary of State

I do myself the honor of enclosing duplicates of two letters I
have recently addressed to His Excellency Governor Douglas C.B.,
copies of which I have requested him to forward to Her Majesty's
Secretary of State for the Colonies.



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FILE: 1859-11-16_Newcastle_to_Douglas_V597121A.txt
================================================================================

Confidential

With reference to my despatch of the 19th September marked
confidential in which I transmitted to you copies of the correspondence
that had taken place between H.M's Government and H.M's Minister at
Washington respecting the occupation of San Juan, I have to inform you
that the Government of the United States has declined to accept the
compromise of the question of title to the Island which was proposed in
Lord John Russell's despatch of the 24th of August.

I enclose herewith a copy of the instructions given to General
Scott by the U.S. Secretary of State for War from which you will
percive that the U. States Government have accepted the proposal for a
joint occupation of the Island pending the settlement of the question of
Title, and I have to authorize you to act upon any proposition which may
be made to you by General Scott to carry this arrangement into effect,
and to place in the Island a force equivalent to that retained by the
United States.



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FILE: 1859-11-17_Rogers_to_Merivale_Permanent_Under-Secretary_B595LN13.txt
================================================================================

Rogers to Merivale (Permanent Under-Secretary)

In obedience to the directions of the Secretary of
State contained in your Letter of the 10th instant, I
have perused and considered Proclamations issued by the
Governor of British Columbia under authority of the Act
of Parliament 21 and 22 Vict cap 99 and of his Commission.

2. With regard to the form of these Proclamations
I think it would be convenient that the Governor should
affix a number and title to each as is usual with Colonial
Laws. Without this it will be very difficult to refer in
future Laws or legal instruments to any of the Acts except
those which contain a clause assigning what is called
"a short title." Probably it will be best to call these
enactments "Laws" or "Ordinances" and not "Acts" a term
which is usually appropriated to Laws passed by a
representative Assembly. The headings will therefore
stand somewhat thus—

No 1 of 1859 Law (or Ordinance) for the
naturalization of Aliens.

No 2 Law respecting Oaths, etc. The short title
may equally be given in the body of the Act "Aliens Law of
1857," "Oaths Law of 1859" and so on.

3. To every law should also be annexed the usual
marginal abstract. In some Laws this is done, in others omitted.

4. I now proceed to report on the different proclamations.

5. The "Aliens Act" provides that every Alien who has
resided in the Colony for 3 years may demand naturalization
on producing a declaration of his residence and character from
some British Subject, on making himself a declaration of
residence and on taking the oath of allegiance. The latter
declaration must be made and oath taken before a Justice of
the Peace who is to declare that he knows no reason why the
applicant should not be naturalized. These conditions being
fulfilled "the Court of British Columbia" is to record the
proceedings and the alien is to be deemed a British Subject
for all purposes whatever "while within the Colony of British
Columbia." The naturalization may be annulled if any party
to either of the above declarations is convicted of perjury
therein. But the Court is not entitled, as a matter of course,
to examine into the truth of the documents which it records.

6. The certificate from a British subject is thus merely
nugatory, since in every community, and certainly in a
gold digging one, individuals will be found who will sign it
without any knowledge of its truth.

7. It would consequently be in the power of a fugitive
American felon by the easiest possible fraud to qualify
himself (as far as nationality is concerned) for any office
in British Columbia or a place in the Legislature as soon as
such a body shall exist.

8. If it be the opinion of the Home Government that the
best chance of preserving order in such a Country a[s] British
Columbia is to give out the utmost possible inducement to
permanent settlement and therefore the greatest facility for
acquiring the character of a British Subject, it may be
inexpedient to raise any objection to the above enactment. And
it may be that a population of naturalized foreigners
exercising influence over the Local Government would be less
dangerous than a population of aliens regarding it with
jealous hostility. This is a question of policy for the
consideration of the Duke of Newcastle.

9. But if it be decided that a certain amount of
bonâ fide residence and of bonâ fide respectability
should be required as a condition of naturalization, it
appears to me that the Court of British Columbia or some
special officer designated for the purpose should be
empowered to require proof satisfactory to such Court
or Officer of the required residence and of the respectable
character of the applicant for naturalization; and that, as a
guide to their decision on this point, persons having been
convicted of Treason Felony, rape, Forgery, or any other
infamous crime should (as in Natal) be disqualified from
naturalization.

10. It might be enacted that the Act of Naturalization
should merely confer the rights of a British Subject as regards
rights of property, but that the Governor should be empowered
at his discretion to issue to any such naturalized person a
certificate giving him the political rights of a British
Subject. But probably such partial exclusions in such a
population could not be maintained against the hostile feeling
which they would elicit.

11. As a matter of language the 4th clause should give
the alien the rights of a British Subject "within" (not
"while within") the said Colony of British Columbia. The
effect of introducing the word "while" would be (if the
provision were valid) (1) that the naturalized person "while"
within British Columbia would have the rights of a British
Subject elsewhere (a privilege which the Colonial Legislature
cannot confer) and (2) that while absent from the Colony
his rights of holding property within it would be dormant
(which is not intended). The word "while" therefore should be omitted.

12. The Proclamation respecting Oaths (which I have
numbered as No 2) may I conceive be properly sanctioned.

13. No 3 respecting Customs duties should be referred
to the Treasury and Board of Trade.

14. No 4 and 5 respecting Tonnage and Passage
and other dues on Shipping should be referred to the Board of Trade.

15. I am aware of no objection to No 6 imposing
fees on Licences. The rates are—

Spirit Shop in Town £25 per annum

Do in Country 10 "

Wholesale sale of liquor 10 "

Other Trades £1 per quarter

Occupation of Crown Lands for purposes of Trade 10s/ a
month. But as a revenue Act I presume it should be communicated to
the Treasury. The ta= on Spirit Shops has been lowered because
a duty has been imposed on Spirits.

16. No 7 "The Gold Fields Act" is clearly framed and
appears a sensible Act. The subject is of sufficient interest
to make it proper that I should state the leading provisions
of the Law.

17. The Governor may appoint Gold Commissioners who within
certain districts may issue "free miners licences" authorizing the
holders to mine upon Crown Lands, and may register "claims"
(i.e. allotments of auriferous land to individual miners)
£1 is to be paid for a Free Miners Licence and 4s/ for the
registration of a claim, each is valid for a year.

18. The Gold Commissioner is to be a Justice of the Peace
with power to try and settle summarily all mining disputes and
abate encroachments. He is sole judge of law and fact, subject
to an appeal to the Supreme Court when in Civil cases the value
of the matter in dispute exceeds £20 or when in Criminal matters
the fine exceeds that sum or the imprisonment exceeds 30 days.
He may also mark out plots of 5 acres for the occupation of
the Miners as Gardens or residences, and other plots for the
occupation of traders.

19. The Governor may also lease auriferous lands under
regulations to be prescribed by himself.

20. On the petition of 100 Free Miners in any district the
Governor may establish a "Mining Board" to consist of from 6 to
12 persons elected by the Miners. A majority of the Board with
concurrence of the Gold Commissioner, or two thirds without
that concurrence may make bye laws respecting the size of claims,
sluices, registration and mining matters generally. Three Members
retire annually. A person convicted (after his election) of
misdemeanour, felony, or assault with a deadly weapon vacates his
office and is not re eligible. The Governor may dissolve the Board
or in the absence of a Board may make bye Laws for the above purposes.

21. Pending the constitution of these Boards the Governor has
issued a set of regulations of which a copy is transmitted
with the Act.

22. The size of registered claims is to be, under these
regulations,

in dry diggings 25 x 30 feet

in bar or river diggings 25 "

in breadth from the highest line to which the
river rises in flood indefinitely into the stream
in ravine diggings 100 feet along the auriferous vein.

Discoverers have a right to an increased allotment varying
from 1 1/2 to 2 ordinary claims.

23. Provision is made for letting "exclusive water privilege"
which seems to be the right of bringing water from a given stream
into particular diggings. On this privilege a rent is payable to
Government equal to one days estimated receipts per month and the
privileged person is bound to supply all Miners with water and not
to waste it. Walls 3 feet thick are to be left between claims.

24. Leases of auriferous land may be made for periods not
exceeding 70 years and of spaces not exceeding 10 acres in dry
diggings and in river or ravine diggings 1/2 mile in length of
unmarked or 1 1/2 mile of abandoned diggings.



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FILE: 1859-11-18_Hamilton_to_Merivale_Permanent_Under-Secretary_B595TE38.txt
================================================================================

Hamilton to Merivale (Permanent Under-Secretary)

I am commanded by the Lords Commissioners of Her
Majesty's Treasury to acquaint you that the Paymaster General
has been authorized to accept and pay Bills Nos 67 and 68 for
£1000 each, drawn by W.D. Gossett [Gosset]
Esq, Treasurer for British Columbia.



================================================================================
FILE: 1859-11-18_Wodehouse_to_Merivale_Permanent_Under-Secretary_V595FO27.txt
================================================================================

Wodehouse to Merivale (Permanent Under-Secretary)

I have laid before Lord John Russell your letter of the 7th instant,
inclosing a Memorial from Inhabitants of Vancouver's Island,
respecting the recent occupation of San Juan by United States Troops,
and requesting that His Lordship would favour The Duke of Newcastle
with his opinion as to the answer which should be returned to it.

I am, in reply, to request that you will state to His Grace that
Lord John Russell is of opinion that the Memorialists should be
informed through Governor Douglas that Her Majesty's Government
highly appreciate

their loyalty to Her Majesty's Crown and Person.

That Her Majesty's Government deeply regret the unprovoked aggression
of General Harney on a Territory of disputed Ownership. That however
Her Majesty's Government are in negotiation with the Government of
the United States on this subject and wish, without surrendering Her
Majesty's Rights, to maintain amicable relations with that Country.



================================================================================
FILE: 1859-11-21_Hamilton_to_Merivale_Permanent_Under-Secretary_B595TE39.txt
================================================================================

Hamilton to Merivale (Permanent Under-Secretary)

I am commanded by the Lords Commissioners of Her Majesty's
Treasury to acquaint you that the Paymaster General has been
authorized to pay to Cox & Co for Col. Moody the sum of £300,
on account of Salary for the quarter to the 30th of June last,
as requested in your letter of the 14th Inst.



================================================================================
FILE: 1859-11-23_Newcastle_to_Douglas_B597136.txt
================================================================================

No. 36

I have to inform you that the Lords Commissoners of the Treasury
have apprized me that the Paymaster General has been authorized to
accept and pay Bills Nos 67 and 68 for One thousand pounds (£1,000)
each drawn by Captain Gossett [Gosset], Treasurer for British Columbia.



================================================================================
FILE: 1859-11-24_Douglas_to_Newcastle_B59236.txt
================================================================================

No. 236

I have the honor to acknowledge the receipt of Your Grace's
Despatch No. 21 of the 8th September, transmitting the copy
of a letter from the Treasury, on the subject of the payment to
Colonel Moody of the salary due to him to the 31st March last,
and I have, in accordance with your Grace's instructions,
communicated that letter to Colonel Moody.



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FILE: 1859-11-24_Douglas_to_Newcastle_V59058.txt
================================================================================

No. 58

I have the honor to acknowledge your Grace's Despatch No 10 of
the 3rd September, transmitting a copy of a letter from the
Hudson's Bay Company, and of the reply you had caused to be
addressed to Mr Berens, in which your Grace intimates that it
is with much satisfaction that you have heard of the refusal on
the part of the Company's Manager in Vancouver's Island, to
accede to my application for Advances on account of Government
subsequent to the 30th May.

2. In reference thereto, I beg to inform your Grace that in
consequence of the refusal of the Hudson's Bay Company to
liquidate the current expenses of the Colony, and in the absence
of any instructions from Her Majesty's Government upon the
subject, I have been forced to apply the monies arising from the
sale of Public Land to that purpose, though those funds should
properly be paid into the hands of the Hudson's Bay Company
until the Charter of Grant is determined as it is evident that
until then, no Title to Land would be legal even if sold by the
Crown.

3. No official announcement has been yet made to me of the
revocation of the Grant. I have at present therefore no power
either to grant a legal Title or to make sales of Public Land,
and I am in consequence placed in a position of extreme
embarrassment.

4. I have contrived hitherto to pay all the civil expenses of
the Colony out of monies raised from its own Revenues, but
should these fail before the House of Assembly provides a
Revenue, and before I am legally empowered to dispose of the
Public Land, there will be no alternative left to me but to draw
upon Her Majesty's Government.

5. The annual expenses of the Colony are moderate, and your
Grace will observe from an abstract herewith enclosed of the
revenue and expenditure for the fiscal year ending the 31st day
of October 1858, that the Income of the Colony exceeded the
expenditure by the sum of over Three Thousand Two Hundred Pounds
(£3200), and that too, at a period when much unusual expense was
incurred in consequence of the discovery of Gold in Fraser
River, and the number of people who were attracted to this
place by that discovery.

6. The Public Accounts for the twelve months ending on the
31st day of October last not being completed, it is not in my
power to forward a statement of the expenditure for that period
by the present mail, but I will not fail to furnish your Grace
with that information as soon as it can be received from the
Agents of the Hudson's Bay Company. The Income derived from the
sale of Public Land and from other sources of revenue will I am
of opinion come short of the sum collected for the preceding
twelve months and will probably be unequal to the expenditure,
but the deficit will I think not greatly exceed the excess of
Income over Expenditure appearing in favour of the Colony for
the year 1858.

7. By analysing the expenditure for the year 1858 it will be
observed that a proportion exceeding two fifths of the whole
outlay for that period was incurred for the construction of
buildings and other indispensable public works of a permanent
character and of the nature of investments, and not of simple
expenditures the value being represented and remaining for the
benefit of the Colony. The actual expenditure for carrying on
the Government of the Colony is thus reduced to the sum of Five
Thousand Six Hundred Pounds (£5600).

8. Before closing this despatch I have to request that I may be
informed whether the Charter granting Vancouver's Island to the
Hudson's Bay Company be revoked, and whether I may legally make
sales of and grant Titles for the public lands on the part of
the Crown.

Trusting that these explanations may prove satisfactory.



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FILE: 1859-11-24_Douglas_to_Newcastle_V59059.txt
================================================================================

No. 59

I have the honor to acknowledge the receipt of your Grace's
Despatch of the 3rd September last No 9 relative to the
existence of the Bonding System in Californian Ports, and
transmitting for my information the copy of a letter which has
been received on the subject from the Foreign Office.

2. Your Grace also furnishes me with the Copy of a letter upon
the same subject from the Board of Trade and instructs me to afford an explanation concerning the statement made in my
Despatch of the 23rd March last, that articles imported into
Vancouver's Island are
"necessarily" charged with the Customs duties levied in that State.

3. The passage in my Despatch alluded to I find to be as
follows—"These goods (the imports from California) are necessarily
burdened with the Customs and municipal duties levied in
California forming a charge of nearly 30 per cent on their first
cost."

And I must express my sincere regret that the somewhat defective
nature of the statement therein contained as to goods
"necessarily" being charged with "Customs duties"
should have conveyed an impression which was erroneous, and
contrary to my intention.

4. I was fully aware when compiling that Despatch that the
Bonding System did exist in California, but I have every reason
to believe that, from various circumstances, the bulk of the
goods imported from California up to the period at which I wrote
were not purchased in Bond but were
actually burdened with Customs Duties. It however unquestionably
did not follow that that impost should
"necessarily" continue to be attached to them, and I should
therefore have been more exact had I expressed myself thus
"Those goods are necessarily burdened, with the
municipal duties and hitherto
in most cases with the customs duty in addition

levied in California, thus forming a charge of 30 per cent on
their first cost."

5. The principal object I had in view when writing the Despatch
in question was to attract attention to a matter of vital
importance to this Colony. I was desirous of explaining the
nature of our trade with San Francisco, and its effects
financially on the Colonies of Vancouver's Island and British
Columbia; and of showing that the produce and manufactures of
Great Britain and other Countries could if brought direct from
the first market be imported at a less rate by 30 percent than
articles obtained from San Francisco; and that conclusion is I
believe substantially correct.

I forward herewith for your Grace's information a statement
presenting in detail the data upon which my conclusions were
founded, and I trust that the same may not prove uninteresting to
your Grace.



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FILE: 1859-11-24_Murdoch_to_Merivale_Permanent_Under-Secretary_V595LN09.txt
================================================================================

Murdoch and Rogers to Merivale (Permanent Under-Secretary)

We have to acknowledge your letter of the 11th inst, accompanied by
one from the Foreign Office, desiring us to report our opinion
whether any and what measures could be adopted for promoting British
Emigration to Vancouvers Island. We presume that the object in view
is the introduction into Vancouvers Island and the neighbouring
Island of a population firmly attached to the British Crown, who
might serve as a counterpoise to the influx of American Citizens into
that part of the British Territory.

2. In considering this question the most obvious difficulty is, in
the case of the laboring population, the length of the passage round
Cape Horn, and the expense of that across the Isthmus of Panama. The
latter difficulty could of course be overcome by a grant of
assistance from public funds, if political objects rendered such a
course expedient. The expense of a passage round Cape Horn would
probably be about £25 per Statute Adult, and across the Isthmus of
Panama about £45. These prices might be somewhat reduced if a
considerable body of persons were sent together.

3. As there are no Colonial Funds applicable to such a service they
could be provided only by a Parliamentary grant or by a Commercial
Company. In the latter case privileges in the acquisition of Land
must, we presume, be conceded as the price of the advance. But
unless such privileges are very strictly limited
and full provision is made for their forfeiture in case of failures,
they are apt to become an obstacle, instead of an assistance, to
settlement, and give rise to complaint and discontent among the
Settlers. On the other hand if the conditions are made stringent,
and it is felt that the Government will construe them strictly, it
becomes difficult to induce Capitalists to undertake an enterprize
which must necessarily be of a hazardous and speculative nature.

4. For keeping in view the object to be attained it must be the
condition of any scheme whether undertaken by the Government or by a
Company that within a certain time a certain number of well affected
and respectable Settlers should be located in the Island. But
looking to the decrease of the General Emigration from the United
Kingdom during the last few years, and to the superior attractions
offered by other British Colonies and by the United States, it may be
doubted whether the only class who would be really useful as Settlers
would be disposed to Emigrate to Vancouvers Island under an
obligation to remain there. It is clear that the Settlers to be sent
ought to be married men of steady habits but to such men the present
aspect of affairs at San Juan and the possibility of a collision with
the Americans would be a great discouragement.

5. Assuming, however, that eligible Settlers could be found the next
question is whether the object to be attained would be worth the
expense. We take it for granted that it would not be attempted to
send men of the laboring class across the Isthmus of Panama. But
the cost of a passage round Cape Horn, which would occupy between 4 &
5 months, we have stated at £25 per Statute Adult and it may be
reckoned that each adult man would on an average be accompanied by
women and Children to the extent of 2 adults more. In other words
each adult man would cost £75 before he arrived in the Colony. To
place, therefore, 1000 Adult men, equal to a population of (say) 4000
Souls, in Vancouvers Island would cost £75,000. Means must also be
found for employing them when there until they could raise food for
themselves. We do not presume to say whether Parliament would grant
such amounts for such a service—but we do not see how any Commercial
Company could by [any] possibility recover such advances through
any privileges in the disposal of Land which the Crown would be
justified in conferring upon them.

6. Moreover considerable as the expense would be the number of
Settlers thus procured would be altogether insignificant in
comparison with the numbers which might be poured in from California
and the adjoining American Territory. And it seems to us hopeless to
expect that any efforts which this Country can make at the distance
of more than half the globe to fill up the Territory with British
born subjects could counter balance the advantages which Americans
possess from their immediate vicinity to it. If the Country holds
out good prospects to Settlers Americans will flow in in numbers
which it is vain to hope to equal. If it does not British subjects
will not stay, even if the British Government felt justified in
sending them there.

7. Another difficulty to which we have not referred, but which will
materially influence the result, is the attraction of the Gold Fields
of British Columbia. Up to the present time the production of Gold
in British Columbia appears to be more than sufficient to provide an
ample remuneration for all employed in gold seeking, irrespective of
the great prizes which from time to time are found. So long as that
is the case there will be a natural gravitation of the Laboring
population to the Gold Fields which it would be extremely difficult
to counteract by conditions of Settlement. Indeed experience in
Australia has shown that such conditions cannot be practically
enforced there, and if they could be enforced in Vancouvers Island
the only result would be to make the Settlers discontented and
resentful, & so to defeat the object with which they were sent out.
A large allowance must, therefore, be made in calculating the expense
of promoting the Settlement of Vancouvers Island for the desertion of
a portion of the Settlers to British Columbia.

8. Upon the whole we regret to be obliged to state that we can
suggest no scheme for promoting settlement in Vancouvers Island which
appears to us feasible. We cannot see how such a scheme could be
carried out without a large expenditure which could be drawn only
from the public funds, and even after such an expenditure we see so
many causes of failure that we cannot think the experiment would be
worth the cost.



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FILE: 1859-11-26_Douglas_to_Newcastle_B59237.txt
================================================================================

No. 237, Military Expenses

Colonel Moody commanding the Troops in British Columbia
having made requisition on me for the sum of about Three Thousand
Pounds (£3000) to meet various payments in Military Account, I have the
honor to acquaint your Grace that not having the Colonial Funds
at my command to meet the requisition, I have been obliged to
instruct the Treasurer, to procure the before-mentioned Amount
by Bills on Her Majesty's Paymaster General and I trust your
Grace will be pleased to obtain the necessary authority from
the Lords Commissoners of the Treasury for the Bills presented
on this account to be paid when they become due.



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FILE: 1859-11-26_Douglas_to_Newcastle_V59060.txt
================================================================================

No. 60

I have the honor of transmitting herewith the Copies of Certain
Acts, eight in number, and entitled as per accompanying Schedule,
which have been duly passed by the Legislature of Vancouvers
Island Since the 20th day of April last, and the same are now
submitted for the approval of Her Majesty The Queen.

2. There is no provision in any of those Acts of an
Extraordinary nature, or which appears to be repugnant to the
Laws of England; but I nevertheless beg to request your
attention to the remarks of the Attorney General on the
character of the Act numbered 6 in the Schedule, relating to the
interest of money in the Colony of Vancouver's Island.

3. That Act was framed by the Attorney General, and essentially
altered in its passage through the House of Assembly as explained
in his report which accompanies the Act.

4. He is doubtful as to the expediency of the measure as it now
stands, though it appears that the Act has no other object in
view than to protect persons who have honestly advanced money on
the security of landed property in this Colony, under a Specific
agreement as to the rate of interest, and with the conviction
that the Laws of England were, and have always been, in force in
Vancouvers Island. It will be a serious hardship to such persons,
and a wide door will be opened to fraud should the Statute not
come into operation.

5. Though I have always been opposed to the high rates

*

of interest charged for the use of capital in this Country, I am
convinced that the practice is one of those things which
legislation cannot with advantage control, and which it is
advisable to leave to the common sense of persons contracting
loans; for it may reasonably be supposed that men will not give
more in the shape of interest than the use of money is worth.

6. In the case of ordinary debts, and where no previous
stipulation as to rates of interest is made, the debtor is
protected by the English Statute which limits the charge for
interest to 5 per cent as is the practice in the Colony of
British Columbia.

7. Should there be no constitutional objection I therefore
think it would be advisable to yield to public opinion and to
sanction the Act as it now is.

8. The three Acts numbered 4, 5 and 8 in the Schedule, relating
to the representation of Vancouvers Island have been very
carefully considered, and the whole system assimilated as far as
the circumstances of the Colony would permit, to the practice of
popular representation in England.

9. The Attorney General's Report herewith forwarded, will
furnish more detailed information with reference to those
Statutes.



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FILE: 1859-11-26_Douglas_to_Newcastle_V59061.txt
================================================================================

No. 61

With reference to my letter of equal date, I beg to forward for
your further information the able opinion of Mr Justice Begbie
which I have just received, on the "Usury Act 1859".



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FILE: 1859-11-26_Paget_to_Under-Secretary_of_State_B595AD33.txt
================================================================================

Paget to Under-Secretary of State

I am commanded by my Lords Commissioners of the Admiralty
to send you herewith for the information of Her Majesty's
Secretary of State for the Colonies a copy of a letter from
Rear Admiral Baynes, dated the 13th September last, No 139,
reporting an unsuccessful expedition to Queen Charlotte's
Island in search of gold.



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FILE: 1859-11-28_Higgins_to_Newcastle_V596H02.txt
================================================================================

Higgins to Newcastle

Can Your Grace give me any information with regard to the British
Colony at Vancouvers Island. I am a practical farmer [number off
file] Years of age unmarried, with about £2,000 of available
capital and would emigrate if I could see my way clearly.

If your Grace would kindly give a few reliable facts with regard to
the above Colony they would be of the greatest importance to



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FILE: 1859-11-28_Richards_to_Under-Secretary_of_State_B595AD34.txt
================================================================================

Richards to Under-Secretary of State

It having been stated by the Brokers of the "Thames City"
which vessel was engaged last year, for the conveyance of Stores
&c to British Columbia, that, in addition to certain War
Office Stores, the undermentioned Articles were, under the
superintendence of Colonel Moody shipped in that Vessel by the
"Topographical Department under the control of the Colonial
Office," viz:

Tons

19,000 Stock bricks weight about 50

1,000 Fire bricks 3

8,400 Counter Slates 20

Powder 10

I request that you will cause me to be informed, as soon as
possible, whether this statement is correct, in order that
a portion of the Freight may be advanced to the Brokers of
the Vessel, who have been prevented from obtaining the proper
receipt for their delivery, in consequence of the absence,
from pressure of business, of the Officer to whom the Stores
were consigned.



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FILE: 1859-11-30_Newcastle_to_Douglas_V597122.txt
================================================================================

No. 22

I have to acknowledge the receipt of your despatch No. 48 of the
14th of August last inclosing a memorial from Inhabitants of Vancouver
Island respecting the recent occupation of San Juan by United States
Troops.

I request that you will inform the Memorialists that Her Majesty's
Government highly appreciate their loyalty to Her Majesty's Crown and
Person.

That Her Majesty's Government deeply regret the unprovoked
aggression of General Harney on a territory of disputed ownership, that they are in negotiation, however, with the Government of the United
States on this subject, and wish, without surrendering Her Majesty's
Rights, to maintain amicable relations with that Country.



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FILE: 1859-12-01_Newcastle_to_Douglas_V597123.txt
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No. 23

I have to acknowledge the receipt of your despatch No. 46 of the
12th of September, pointing out the financial embarrassment in which
you are place in consequence of the resumption of Vancouver Island by Her
Majesty's Government, and the refusal of the Agent of the Hudson's Bay Company to continue further advances to meet the cost of the Civil
Establishment. On this subject, I must refer you to the directions
conveyed in my despatch of the 20th October last. Whatever the
temporary difficulties in the way of such a course may be, it is
absolutely necessary that the Island should provide for its own Civil
expenditure, and expedients for delaying this consummation, if
practicable, would only aggravate the evil.

The important Constitutional and financial questions which your
despatch involves are at present occupying my careful attention, and I
hope to be able shortly to give you full and definite instructions upon
them.

In the meantime I have to express my satisfaction at the prospect
which you hold out of enlarging the House of Assembly. You have only
anticipated the recommendation of Her Majesty's Government on this
point, and I trust that you may be able to carry your design without
delay into execution.

I also approve your intention to adhere to the policy of making Victoria a free port, and I concur, therefore, in your desire to raise a revenue, if possible, by direct taxation rather than by the imposition of Customs duties.



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FILE: 1859-12-01_Newcastle_to_Douglas_V597124.txt
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No. 24

I have to acknowledge the receipt of your despatch No. 47 of the
12th of September explaining the manner in which you had provided for
the outlay incurred in the erection of public Offices in Van Couver Island.

I have at the same time received a letter on the subject from the Hudson's Bay Company, enclosing one from their Agent in the Island,
copies of which I forward to you herewith. The correspondence which
passed between yourself and Mr Dallas in August and September last
has also been transmitted to me.

The circumstances stated in these papers agree with the supposition
originally formed here that it was in the first instance intended that
the cost of the Buildings should be borne by this Country, as coming
within the head of expenditure incurred by the Hudson's Bay Company
during their tenure of the Island. I have, therefore, to request that
you will furnish me with some further explanation for this matter, and
that you will apprize me of the extent of the land surrendered to the
Company's Agent to meet his advance, and of the mode in which the price
obtained for it was realized.



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FILE: 1859-12-03_Douglas_to_Newcastle_V59062.txt
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No. 62

With reference to my Despatch No. 42 of the 27th August, In
which I had the honor to inform your Grace that in order to
provide for the accommodation &c &c of the Troops serving in
Vancouvers Island, I had drawn upon Her Majestys Paymaster
General for the sum of Two Thousand Pounds, I have now the honor
to inform Your Grace that in order to provide for the current
expenses of the Troops together with extra pay, I have been
compelled to draw a further sum of Two Thousand Pounds (£2000)
and I trust your Grace will be pleased to obtain the requisite
authority from the Treasury that the Bill may be paid when due.



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FILE: 1859-12-07_Godley_to_Merivale_Permanent_Under-Secretary_V595WA08.txt
================================================================================

Godley to Merivale (Permanent Under-Secretary)

With reference to your letter of the 5th Ulto relative to an
expenditure of £2000 incurred by the Governor of Vancouver's Island
in the provision of Barrack accommodation.

I am directed by Mr Secretary Herbert to request to be informed
whether the Secretary of State for the Colonies anticipates any
expenditure on this head at the above station during the next
financial year, and if so, how it is intended to meet the charge.



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FILE: 1859-12-10_Booth_to_Merivale_Permanent_Under-Secretary_B595TA04.txt
================================================================================

Booth to Merivale (Permanent Under-Secretary)

I am directed by the Lords of the Committee of Privy
Council for Trade to acknowledge the receipt of your letter
of the 6th Instant transmitting by the direction of the
Duke of Newcastle, for the consideration of the Lords of this
Committee, the transcripts of three laws enacted by the
Government of British Columbia in the month of June last
entitled respectively

No 3. Customs duties

No 4. Tonnage Pilotage and Harbour dues

No 5. Tonnage Pilotage and Harbour dues

and, in reply, I am to state to you, for the information of His
Grace, that My Lords are of opinion that Her Majesty may properly
be advised to sanction these several Enactments.



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FILE: 1859-12-10_Douglas_to_Newcastle_B59237A.txt
================================================================================

No. 237a

I have the honor to acknowledge the receipt upon this
date, of your Grace's Despatches of the numbers and dates as
noted on the other side hereof.

*



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FILE: 1859-12-10_Hamilton_to_Merivale_Permanent_Under-Secretary_B595TE40.txt
================================================================================

Hamilton to Merivale (Permanent Under-Secretary)

With reference to Mr Elliot's letter of the 18th
Ultimo, enclosing a despatch from the Governor of British
Columbia requesting that a Supply of Silver and Copper Coins
be paid for in Gold dust, may be forwarded to the Colony, I
am directed by the Lords Commissoners of Her Majesty's Treasury
to acquaint you, for the information of the Duke of Newcastle,
that My Lords would not object to direct a supply of British
Silver and Copper Money being forwarded to British Columbia, if
the requisition of Captain Gossett [Gosset] were not founded on views
which their Lordships consider inconsistent with the permanent
establishment of a sound Currency.

My Lords observe from the despatch of the Governor that the
inhabitants of the Colony have adopted the denomination of the
Money of the United States, viz: Dollars and Cents; and Captain
Gossett appears to consider that the coins of the United Kingdom
may be accommodated to this practice by the adoption of a
decimal system founded on the florin as the 10th part of a
pound. The sole practical reason which he advances for this
opinion is that the florin commonly passes in the Pacific as the
Equivalent for half a dollar of the United States; and he hence
concludes that the 10th part of a pound sterling and half a
dollar of United States Currency are equivalent. It is no
doubt true that in communities which have no established currencies
supported by a well defined coinage and in which coins of
different denominations and value are used as a common circulation,
a rough and conventional relative valuation is often resorted to
which may smooth over immediate difficulties, but it is no less
certain that such expedients if inconsistent with the principles
which regulate the intrinsic relative value of currency must, if
adopted as the basis of a permanent settlement, in the end lead
to confusion and difficulty.

The standard of value both in this Country and the United
States is gold, and any attempt to bring the coins of the two
Countries into concurrent circulation must be founded on a
comparative valuation derived from the contents of precious metal
contained in the coins which form the basis of the currency in each
country. The contents or pure gold in the Eagle of 10 dollar piece
being 232 2/16 grains, and those in the sovereign being 113.001 grains,
it follows that the value of the Eagle, expressed in the denomination
of British Money, is £2.1.0 and an inappreciable fraction. The
florin, being a token coin, can only obtain permanent circulation
as representing a fractional part of its superior denomination,
the pound sterling, that is, as representing 2/s or 1/10 of a pound
sterling, and, as such, it is undervalued

*

to the extent of 2 1/2 per
cent when it is adopted as the representative of half a dollar or 1/20
of a Gold Eagle. It is obvious that a scheme of currency founded on
this error could obtain no permanence.

It was, at one time, as the Duke of Newcastle is aware, the
anxious desire of this Board to procure the assimilation of the
various local currencies of the British North American Colonies
by the general adoption of the denomination of the British Money of
Account, supported by British Coins representing them. It would
be instructive to the Treasurer of British Columbia if he were
informed, by a reference to the correspondence which passed
between the Home Government and those Colonies, especially
Canada, of the reasons which led Her Majesty's Government to
abandon that project, and to acquiesce in arrangements for the
settlement of the currencies of the several Colonies on different
bases, varying with the apparent requirements of local convenience.
He will learn that in the case of Canada after the adoption of a
pound currency which assimilated in its integration with the
currency of the United States, the pound local currency being made
equivalent to 5 United States Gold dollars, great difficulty was found
in working the concurrent circulation of British Shillings and other
smaller token coins, because they represented no exact proportion
of the pound currency, and the fractional differences of value
(which Capt Gossett disregards in the florin) led to an
arbitrary and varying adjustment, which exposed the purchaser to loss
and inconvenience. He will learn also that all these

**

difficulties
were at last removed by the adoption of a decimal system assimilating
with that of the United States, but supported by a special token
coinage which gives the advantage, which Capt Gossett does not overrate, of maintaining a circulation of coins bearing the Queen's
Effigy, the emblem of her authority.

My Lords incline to the opinion that the wisest course to be
adopted in the case of the currency of British Columbia will be to
assimilate it to that of Canada, with which colony it will doubtless
be brought eventually into close intercourse. Whatever may be
considered, in the abstract, the best system of currency for British
North America, experience has proved that no general theories will
have any weight with the several Communities of which it is composed,
and that the currency of each colony must be adapted to the demands
of local convenience.

It would be in vain to hope that, whatever may be the future
development of British Columbia, the measures which may now be adopted
with respect to its currency will have the slightest influence on
the arrangements of the older Colonies, and My Lords are of opinion
that instead of attempting to frame schemes founded on individual
preferences and imperfect information, the local Government should
endeavour to ascertain the fixed desires of the Community on the
subject and inform themselves of the best means of giving effect
to them, without derogation of sound principle and farseeing policy.

If, notwithstanding Capt Gossett's
object, the Duke of Newcastle should think
it desirable to send out
a supply of British Silver to British Columbia, My Lords will give directions to the
Master of the Mint for the purpose. But in that case it will
be necessary to decide on the description of Coins to be sent
with reference to the immediate requirements of the Colony,
and also to consider whether a supply of copper coin should not
also be forwarded. The doubt on the subject arises from the
fact, mentioned by the Governor of British Columbia, that the
currency of dollars and cents is generally adopted by the
Community, and as British token money cannot permanently
circulate as representing the denomination of dollars and
cents, the transmission of such coins might only procure
immediate convenience at considerable cost.

It may be better on this account to pause until the basis of
the future currency of the Colony is settled, when coins
adapted to it may be supplied.

As regard the suggestion that the cost of any coin that may be
transmitted should be paid for by the transmission of gold dust,
My Lords must decline the proposal as inadmissible, because the Royal
Mint does not deal in gold bullion, its function in respect to
the Coinage of Gold being confined to receiving that Metal in a
condition fit for coinage and returning the same quantity in a
coined state.

Their Lordships have the less regret in declining this proposal,
because they can hardly think that the receipt of gold dust of the
value of £6000 at the Royal Mint would create any appreciable effect
on forwarding what appears to be the main object of the Local
Government in suggesting this mode of payment.



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FILE: 1859-12-12_Douglas_to_Newcastle_B59238.txt
================================================================================

No. 238

I have the honor to acknowledge the receipt upon this date
of your Grace's Despatches of the numbers and dates as noted on
the other side hereof.
*



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FILE: 1859-12-13_Wodehouse_to_Merivale_Permanent_Under-Secretary_V595FO28.txt
================================================================================

Wodehouse to Merivale (Permanent Under-Secretary)

I have laid before Lord John Russell your letter of the 7th instant,
enclosing a copy of a Report from the Colonial Land and Emigration
Commissioners, respecting the question of promoting British
emigration to Vancouvers Island, and in which the Commissioners set
forth the difficulties of the undertaking.

I am in reply to request that you will suggest to His Grace the Duke
of Newcastle whether British Emigration to Vancouver's Island might
not be successfully promoted by making free grants of land to British
Subjects, not exceeding twenty-five acres each.



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FILE: 1859-12-14_Godley_to_Merivale_Permanent_Under-Secretary_B595WA25.txt
================================================================================

Godley to Merivale (Permanent Under-Secretary)

I am directed by Mr Secretary Herbert to transmit
herewith, a Statement of Stores &c supplied for Service of
the Royal Engineers British Columbia, amounting to £1136.16.11
and I am further to request that you will cause the above sum
to be transferred in the Books of the Paymaster General to the
Credit of this Department.



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FILE: 1859-12-14_Hamilton_to_Merivale_Permanent_Under-Secretary_B595TE41.txt
================================================================================

Hamilton to Merivale (Permanent Under-Secretary)

With reference to your Letter of the 6th Instant,
enclosing Transcripts of two Laws enacted by the Government
of British Columbia, in the Months of June and August last vizt,
No 3 "to alter, in some respects, the rates of Duties of
Customs now leviable upon goods and other Articles and things
imported into British Columbia, and to make further provision
for the levying thereof," and No 6, "To amend the Laws
relating to the Licenses for Selling fermented Liquors, and
for the occupation of Crown Lands by Traders, and for other
purposes;" I am directed by the Lords Commissioners of Her
Majesty's Treasury, to acquaint you, for the information of
the Duke of Newcastle, that They see no objection to these Enactments.



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FILE: 1859-12-15_Douglas_to_Newcastle_V59062CO.txt
================================================================================

Confidential

I have the honor to acknowledge the receipt of your Grace's
Despatch of the 29th September last marked "Confidential" and
also of copies of the correspondence between Her Majesty's
Government and Lord Lyons, touching the occupation of the Island
of San Juan by troops of the United States.

2. I shall not fail to attend to the instructions conveyed to
me in your Grace's Despatch, to the effect that it is the desire
of Her Majesty's Government that a civil Magistrate should
continue to reside on the Island of San Juan, and that he should
be directed to forbear from all acts which may lead to hostile
manifestations by the United States Officers: and that, without
instructions from your Grace or from Lord Lyons, no troops are
to be landed on the Island, unless indeed such a step should be
required for the support of the resident Magistrate or for the
protection of the lives and property of British Subjects.

3. In my Despatch No 55 of the 9th November last transmitting
copies of my correspondence with Lieut. General Scott, I
reported my proceedings with respect to the Island of San Juan
up to that date and I am glad to observe that they are in all
respects in accordance with your Grace's instructions.

4. The Federal Troops of the United States have all been
withdrawn from the Island of San Juan with the exception of
a Company of fifty men under the command of Captain Hunt, who
still remain there professedly for the protection of American
Citizens.

5. Besides these troops, there is a civil staff consisting of a
Magistrate and an Officer of the Customs.

6. On the other hand Her Majesty's Government is represented in
San Juan by a single stipendiary Magistrate without any Military
or Naval Force whatever—the "Pylades", lately stationed there,
having been recalled to this place by the naval Commander in
Chief.

7. I do not apprehend the occurrence of any national difficulty
with the Captain in command of the Federal Troops stationed on
San Juan, but the presence of such a force on the disputed
Territory without an equal force of British Troops implies a
concession on our part, and will have the worst possible moral
effect throughout the Country; and if that state of things
continues long the Island will unavoidably slip from our grasp,
as the ignorant squatter population of the adjoining American
Territory deceived by appearances and considering the question
of Title as settled in favour of their own country will occupy
the whole of the land and so form a
de facto
American occupation, the effect of which may be fatal to British
rights. And here I might mention that the Pre-emption system of
the United States holds out every inducement to American
Citizens to settle on the Island, and in this respect they have
a great advantage over British Subjects; for should the Island
eventually become American Territory, the American squatter is
confident that he will be confirmed in his occupation, whilst
the British subject has no such satisfactory assurance of his
claim being recognised, should the Island become part of Her
Majesty's Dominions.

8. Should there be no prospect of an immediate settlement of
the question of Sovereignty I have no hesitation in submitting
to Her Majesty's Government, in the event of the United States
continuing to maintain troops on San Juan that the military
occupation should be at least a joint one, and that an equal
number of British troops should be stationed there.

9. Either that course, or the withdrawal of all authorities on
both sides should be adopted, but for the reasons before
mentioned I conceive that the withdrawal of all authorities
would be by far the more desirable measure, if the question of
Title is to remain for any time in discussion. I apprehend that
now the question of Sovereignty is avowedly in dispute, no
Civil Authority can legally exercise any jurisdiction on the
Island, for the laws of neither Country can be claimed as
extending to it.

10. In conclusion I cannot refrain from expressing to your
Grace the satisfaction it has afforded me to find that the
course we have pursued has met the approbation of Her Majesty's
Government for although well assured how much the Government
would deprecate any hasty or inconsiderate action which might
imperil the amicable relations subsisting between Great Britain
and any other nation, yet in this case, under all the
circumstances of the occupation of San Juan, confident that the
offensive movement was the Act of an individual and not of a
Government, I must confess I had some doubts in my own mind as
to whether the passive and non-resistent policy we had followed
would be altogether acceptable to Her Majesty's Government
considering the large and magnificent force we fortunately had
at our disposal, and that if any collision had unhappily
occurred it would not have resulted from any aggressive deed on
our part, but simply from the responsibility forced upon us in
defence of National Honor and Integrity.



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FILE: 1859-12-15_Wodehouse_to_Merivale_Permanent_Under-Secretary_V595FO29.txt
================================================================================

Wodehouse to Merivale (Permanent Under-Secretary)

I am directed by Lord John Russell to transmit to you, to be laid
before His Grace The Duke of Newcastle, a copy of a despatch from Her
Majesty's Minister at Washington inclosing copies of Telegrams
received in that capital, the one being from Rear Admiral Baynes to
Her Majesty's Minister and the other from General Scott to the United
States Government, respecting the arrangement come to for a joint
occupation of the Island of San Juan.



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FILE: 1859-12-16_Berens_to_Newcastle_V595HB16.txt
================================================================================

Berens to Newcastle

I have the honor to acknowledge the receipt of Mr Merivale's letter
of the 7th instant in which he informs me that Governor Douglas has
reported, with respect to the advance of $27,000 made by Mr Dallas
the Representative of this Company in Vancouver's Island, to defray
the expense of Public Buildings at Victoria that it was
"met by the surrender to Mr Dallas of the site of the Old Public
Offices on condition of his placing at the disposal of Governor
Douglas the sum of money obtained by the Sale."
Mr Merivale requests of me to inform your Grace whether any
intimation has been received by this Company of the sale of this
land, and of the arrangement made with Mr Dallas.

The letter which I had the honor of addressing to your Grace on the
4th ulto, and with which I transmitted a Copy of Mr Dallas' letter
to the Secretary of this Company of the 14th September, contains the
latest information we have received upon the subject, and, by
reference to it, your Grace will observe that at that period no
reference is made to the Sale of the Land in question and I
consequently presume that it had not then been sold.

*

With respect to the arrangement made between Governor Douglas and Mr
Dallas in regard to the advance made by the latter of $27,000 I am at
a loss to understand how under any circumstances it could have been
provided for in the manner which Governor Douglas appears to have
represented, because, as we read his communication, while on the one
hand it is suggested that the advance in question was met by the
surrender to Mr Dallas of the site of the old public offices, it is
added on the other that this surrender is made on the condition of
Mr Dallas placing at the disposal of Governor Douglas the sum of
money obtained by the Sale. Unless it is meant that the Government
are to be responsible to the Company for the amount of such sale,
this Company would appear literally to receive nothing in respect of
the advance that has been made.

**

But in point of fact, this Company entirely denies the right or power
of Governor Douglas to deal with the land in question at all, as it
formed part of the property possessed by this Company in the Island
before the Grant made to them by the Crown and therefore entirely
irrespective of it;

***

but we have been informed by Mr Dallas that
Governor Douglas had attempted to treat this property as belonging to
the Government, and upon that pretention

had advertised it for Sale.
This course of proceeding was immediately protested against by Mr
Dallas on the part of the Company and, as we gather from Mr Dallas'
communications, it was distinctly understood that inasmuch as the
preparations for the Sale had proceeded so far, and in order not to
cast a slur upon the proceedings of the Governor, who admitted it to
be Fur Trade Land,

****

the sale should be proceeded with under Mr Dallas'
directions, and on account of the Hudson's Bay Company. It was also
arranged between Governor Douglas and Mr Dallas that as the Public
buildings were urgently required, Mr Dallas should advance—not the
amount of the sale of the land—but the specific sum of $27,000, to
enable Governor Douglas to proceed with the proposed Buildings,

*****

it being distinctly understood that this advance was a loan which was
to be reimbursed to the Hudson's Bay Company along with the other
payments made by the Company under the provisions of Her Majesty's
Grant.

I take leave to add that Mr Dallas' views are entirely borne out by
the facts. The land upon which the old Buildings stand was the
undoubted property of the Hudson's Bay Company before the Grant to
them of the Island. The Buildings upon it were also erected at the
expense of the Hudson's Bay Company. Indeed Governor Douglas has
admitted that both the land and the Buildings belong to the Company
as your Grace will see by reference to his address to the House of
Assembly of the 7th May, and that fact was confirmed by Mr
Pemberton, the Colonial Surveyor, in the course of a debate on the
subject which took place on the 17th May last.

The land upon which Governor Douglas is now erecting the New Public
Offices has also been represented by that Gentleman to be Government
property, but I have reason to know that it is part of the land held
by the Fur Trade long prior to the Grant from the Crown. The Company
therefore will have no claim upon the Government for the value of
this land.

From this statement I trust I have made it evident to your Grace,
that the advance of $27,000 was actually a loan by this Company on
Government account, and that Governor Douglas is in no way justified
in representing the advance as being "met by the surrender to Mr
Dallas of the site of the old buildings."

In order to place before your Grace information on the subject I have
the honor of transmitting herewith an Extract from the Address of
Governor Douglas to the Assembly on the 7th of May last, and a Copy
of Mr Pemberton's speech in the Assembly on the 17th of the same
month.



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FILE: 1859-12-17_Douglas_to_Newcastle_V59063.txt
================================================================================

No. 63

I have the honor of transmitting herewith for your Graces
information, copy of my correspondence with the House of
Assembly of Vancouvers Island, relative to the affairs of the
Colony, up to the 7th day of December Instant, when the
Assembly was prorogued to the 2nd day of February 1860.

2. Having addressed Her Majestys Government specially on the
subject of each important measure referred to in the
Correspondence herewith transmitted, as the same was brought
before the Assembly, I will not take up your Graces time by
further explanation or comment, on the present occasion.

I beg however to inform Your Grace that the House of Assembly
was dissolved on the 15th Instant by Proclamation, and that
writs for a new Election will be issued without delay.



================================================================================
FILE: 1859-12-17_Douglas_to_Newcastle_V59064.txt
================================================================================

No. 64

I have the honor of Enclosing herewith the copy of a
communication from Mr Pemberton, the Colonial Surveyor,
recommending that certain tracts of land, situated within the
limits of the Surveyed Districts of Vancouvers Island, be thrown
open to the public for occupation without purchase, and that
Settlers occupying and improving those tracts should enjoy a
preemption right enabling them lawfully to acquire and possess
the land, at whatever may be the minimum Government price, when
the land is divided into allotments.

2. The object of that measure is to remove the
disqualifications which, at present, hinder settlers from
entering upon the possession of land, without first making a
money payment as required by the existing land regulations, a
system which it is feared will indefinitely postpone the
occupation of the land referred to in Mr Pemberton's letter,
which consists of spots of fertile land, interspersed among
rocks, forest, or Swamps, not admitting of Continuous
cultivation, and which in consequence, has not been Sold,
though repeatedly put up for sale at the low price of 4s/2d
an acre.

3. I concur with the opinion expressed in Mr Pemberton's
letter as to the Expediency of the measure, and its beneficial
effect in promoting the early occupation of the tracts of land
in question, which may otherwise for years to come remain an
unproductive wilderness.

4. It is further necessary for me to state for Your Grace's
information, that the proposed preemption measure is not
intended for general application, and will be restricted in its
operation exclusively to Surveyed Districts of the Colony, after
the valuable land of such Districts has been all sold on the
usual terms of £1 Sterling an acre, and when the residual of the
land cannot be sold on any terms.

5. Such being the object and character of the proposed measure,
involving no conflict with existing rights, and likely to be
productive of much good to the Colony, I have not hesitated in
authorizing the Colonial Surveyor, as a provisional arrangement,
to permit settlers to occupy the land in question without making
an immediate payment in money, and with the condition that they
will be allowed hereafter to acquire and possess the land, under
a legal title, and hope your Grace may approve of this proceeding.



================================================================================
FILE: 1859-12-21_Moody_to_Under-Secretary_of_State_V596M01.txt
================================================================================

Moody to Under-Secretary of State

I have the honor to transmit herewith for the information of Her
Majesty's Secretary of State for the Colonies a copy of a
correspondence between His Excellency Gov: Douglas C.B. and myself,
on the subject of the Military Command in this Colony and Vancouver
Island.



================================================================================
FILE: 1859-12-22_Douglas_to_Newcastle_B59239.txt
================================================================================

No. 239

I have the honor of transmitting herewith the Copy of a
Proclamation providing for the establishment of Courts in
British Columbia, to enable suitors to recover debts not
exceeding in value the sum of Fifty Pounds Sterling (£50), by a

cheap and speedy method.

The practice of the Supreme Court was found to be too slow and
expensive to meet the exigencies of suitors in the recovery of small
debts, which were not infrequently abandoned, in preference to incurring
the expense of seeking redress at that Tribunal.

2. Many abuses had grown out of that state of things,
together with a general want of confidence, and an almost
entire stoppage of credit transactions, to the great injury
of the mining population, who require advances to enable them
to carry on their operations.

3. The evil was not felt under the form of Government
established previously to the Proclamation declaring English
Law in force in the Colony of British Columbia, which issued
on the 19th day of November 1858, as Justices of the Peace
were before that event necessarily invested with very extensive
powers, which they exercised to the satisfaction of the public,
who overlooked occasional deviations from the strict letter of
the law, in the security enjoyed, and the amount of public good achieved.

4. There is a general feeling in the Colony in favor of
the reestablishment of that system, which would, however, be
inconsistent with English Law, and the Attorney General has
framed the Act, now herewith transmitted to accomplish the
desired object of facilitating the recovery of small debts,
by a process, rapid, and yet not expensive to suitors.

5. The additional expense in the Colony will be inconsiderable
as the whole business of the new Courts is to be conducted by
the present stipendiary Magistrates, with the single addition
of Mr Elliot, an English barrister, whose salary of £200
a Year will be paid from fees.

6. The "Joint Stock Companies Act" has also in view the
encouragement of mercantile enterprises, and the formation of
Joint Stock Companies, by restricting the liability of shareholders
to the amount of their investments in those concerns, and
relieving them from further responsibility.

7. Those Acts are both much needed, and will be of great
advantage to the Colony.

8. The Reports of the Attorney General fully explaining the
character of the Acts, are also herewith transmitted for your
information.



================================================================================
FILE: 1859-12-22_Douglas_to_Newcastle_B59240.txt
================================================================================

No. 240

I have the honor of transmitting herewith for Your Grace's
information, the Copy of a Proclamation issued on the second day
of December instant, imposing a charge of Twelve Shillings per
ton on all goods transported or taken from New Westminster to
any place in British Columbia, to be paid by the Carrier of
the goods to the Collector of Her Majesty's Customs at New Westminster.

2. This is simply a revenue Act, intended to raise a fund
to be applied to the opening and improvement of the navigation
in the Fraser and Harrison Rivers, and especially to the removal
of an extensive shoal in the latter, which renders it impassable
by the River Steam Vessels for a great part of the year.

3. The tax has not excited the smallest feeling of discontent
even among the proprietors of Steam Vessels, who are acquainted
with its object, and expect to derive many advantages from the
improvement of the navigation.



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FILE: 1859-12-23_Douglas_to_Newcastle_B59241.txt
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No. 241, Miscellaneous

I have the honor of transmitting herewith at the request
of Colonel Moody the accompanying copy of a communication from
here respecting the portions of land which it may be desirable
to reserve in Burrard's Inlet for naval purposes, and to inform
your Grace, that I will immediately enter into communications
with Admiral Baynes on the subject and will direct the Commissioner
of Lands and Works to make such reserves for naval purposes as
the former officer may deem expedient.



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FILE: 1859-12-23_Newcastle_to_Douglas_B597137.txt
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No. 37

I enclose for your information the accompanying copy of a letter
from Colonel O'Connor who contemplates settling in British Columbia. He
has been recommended to my notice by Lord James Butler and Mr Pierce
Somerset Butler. I am told that he has been an active practical
Colonist and that he brought away from California a large sum of money
realized by him in that Country. As a gentleman of such experience is
likely to be a useful acquisition, I shall be glad if you will afford to
Colonel O'Connor any protection and services in your power, but you will
distinctly understand that I do not mean by this to recommend Colonel
O'Connor to you for any exceptional conditions in the purchase of land.
It is a duty from which you must never swerve, and is essential to the
success of the Colony and the credit of its Government, that the public
lands should be disposed of on impartial and equal terms to all persons
who are willing to pay the price required by the public regulations.



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FILE: 1859-12-24_Douglas_to_Newcastle_B59242.txt
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No. 242

I have the honor to acknowledge the receipt upon this date
of your Grace's Despatches of the numbers and dates as noted on
the other side hereof.

*



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FILE: 1859-12-24_Lugard_to_Merivale_Permanent_Under-Secretary_B595WA26.txt
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Lugard to Merivale (Permanent Under-Secretary)

I have laid before the Secretary of State for War your
letter of the 12th inst. and its enclosed application
from Colonel Moody R.E. requesting that a Commissariat Officer
may be sent out to British Columbia to undertake the charge of
all matters connected with Commissariat Expenditure.

In reply, I am to request that you will inform the Duke
of Newscastle that Mr Secretary Herbert concurs with His
Grace in thinking that there is no necessity at present for
sending out such an Officer, and that Captain Gossett [Gosset] R.E.
who was appointed Treasurer of British Columbia and
Commissariat Officer to the Royal Engineers may very well
continue to perform these duties.



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FILE: 1859-12-27_Godley_to_Merivale_Permanent_Under-Secretary_V595WA09.txt
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Godley to Merivale (Permanent Under-Secretary)

With reference to your letter of the 20th Instant and previous
correspondence on the subject of Barrack Services at Vancouvers
Island.

I am directed by Mr Secretary Herbert to request that you will have
the goodness to move His Grace the Duke of Newcastle to cause
instructions to be sent to the Governor of that Island to furnish the
necessary details of the expenditure which has been incurred upon
Barrack accommodation or upon other services which may be authorised
by him when chargeable against Imperial funds.



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FILE: 1859-12-28_Hammond_to_Merivale_Permanent_Under-Secretary_V595FO30.txt
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Hammond to Merivale (Permanent Under-Secretary)

With reference to my Letter of the 15th instant, I am directed by
Lord John Russell to transmit to you, to be laid before His Grace The
Duke of Newcastle, an Extract of a Despatch addressed to Lord Lyons
respecting the proposal of General Scott for the Joint occupation of
a separate portion of the Island of San Juan by one hundred Military
with their appropriate arms only.

I also inclose Copies of a Letter to the Admiralty and of the answer returned by that Department, from which His Grace will see that Rear Admiral Baynes will be instructed to carry out this arrangement on the part of Her Majesty's Government.



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FILE: 1859-12-28_Newcastle_to_Douglas_V597125.txt
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No. 25

I have to acknowledge the receipt of your Despatch No. 51, of the
26th of October relative to an attempt made by a Revenue Officer of
the United States in San Juan to levy Customs Dues on the baggage of
Mr de Courcy the Resident Magistrate in the Island on his return to
that place from Victoria.

I approve the course you adopted in regard to this matter.



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FILE: 1859-12-31_Hammond_to_Merivale_Permanent_Under-Secretary_V595FO31.txt
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Hammond to Merivale (Permanent Under-Secretary)

I am directed by Lord John Russell to transmit to you, for the
information of His Grace The Duke of Newcastle, a copy of a despatch
from Her Majesty's Minister at Washington, reporting the return of
General Scott to New York, and the conversation which Her Majesty's
Minister had had with General Cass respecting the hesitation shown by
Governor Douglas to accept the terms offered by General Scott for the
joint military occupation of San Juan.



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FILE: 1859_Clarke_to_Under-Secretary_of_State_B596C03.txt
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Clarke to Under-Secretary of State

I send you a Report on the British Columbia Papers and which I
now return.

I have written this report in the form of a proposed Order in
Council under the second section of the Act of 1858 providing for the
Government of British Columbia explaining each section as proposed.

I am aware that I have gone far beyond the intention with which
these Papers were sent me, but I found in reading them so many points
suggesting themselves as well as the difficulty of explaining an
isolated portion of a system that I have been rather forced to write
more than was perhaps necessary.

Even as it is I almost fear I have failed to explain clearly a
system which if it is adopted in B. Columbia will effectively secure
its settlement without on the one hand playing too much into the hands
of the Americans, or on the other checking Immigration from any quarter.

As I believe that but little time ought to be lost to give to
B. Columbia a clearly defined land system—whatever system may be
adopted—I have sent the Report as first written. This and as most
of last week I was engaged in Colchester, will I trust plead for me
for the very imperfect shape I send this Report.



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FILE: 1859_Douglas_to_Lytton_B59081A.txt
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No. 81



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FILE: 1859_Douglas_to_Lytton_B59195SP.txt
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[Separate]

Letter from Col Moody to Governor Douglas, enclosing his
observations on the immediate measures for Military Defence of
the Colony.

Received in an Envelope from Governor (annexed) without any
covering Despatch.

