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FILE: 1861-01-01_Hamilton_to_Rogers_Permanent_Under-Secretary_B615TE01.txt
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Hamilton to Rogers (Permanent Under-Secretary)

In reply to Mr Elliot's Letter of the 22nd Ulto,
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 Messrs Cox & Co on account of
Col Moody RE, Commissioner of Lands & Works in British Columbia, the sum of £300 for Salary due to that Officer at the rate
of £1,200 per Annum for the Quarter to 30th September last.



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FILE: 1861-01-04_Berens_to_Newcastle_B615MI01.txt
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Berens to Newcastle

In reference to the interviews I had the honour of having
with your Grace on the 28th ult. I now beg to bring under
your Grace's notice several matters in connection with the
proceedings of Governor Douglas by which the interests of this
Company are materially, and, as I believe, unjustly prejudiced.

The first ground of complaint to which I would take leave
to call your Grace's attention arises from the system recently
adopted by the Governor to the effect that every partner in a trading
firm must make a quarterly payment of 5 Dollars for a Trading License.

The Governor has taken upon himself to decide that there
were 10 partners in this Company subject to the License and it
is understood that it is intended to increase this number.*

Upon this subject I venture to submit that it is perfectly
clear that in a Corporation established as this Company is by
Royal Charter there can be no individual responsibility and that
therefore the Company are liable, if at all, to pay for one
license only; and indeed if it were otherwise the only parties
who could be considered as partners in the Company would be
the Shareholders, whereas, as far as I understand it, the
Governor is taking upon himself to treat as partners all those
Servants of the Company whose remuneration is governed by the
amount of profits made but who are in no case subject to
loss. I consider however that it is quite clear that in a
Corporate body no notice can be taken of the individuals
composing it, and I trust that Your Grace will have no
difficulty in giving such instructions to the Governor as may
prevent the recurrence or continuation of this extortion.

The most material matter however to which I have to
call Your Grace's attention is the course pursued by Governor Douglas in reference to the lands in British Columbia which have
for some time been in the occupation of the Company, upon some
parts of which they have erected Forts and other buildings
and as for other parts of which they are used for agricultural
and other purposes connected with the Company's trade.

Your Grace is well aware that the extent of the rights of
this Company in reference to these lands has for some time past
been a subject of serious discussion between the Company and
Her Majesty's Government.

Under date the 14th September 1859 Mr Under Secretary
Merivale transmitted to me, by your Grace's direction, the Copy
of a Despatch which had been received from the Governor of British Columbia on the subject of these very claims; and in that
Despatch the Governor, so far as he was concerned, recognized to
a great extent the claims set up by the Company. Your Grace did
not however entirely assent to the view which the Governor took
of the rights of this Company; but Mr Under Secretary Merivale
in the letter to which I have referred distinctly stated that
your Grace considered the Company entitled to be indemnified from
all loss occasioned to them (other than mere dispossession from
an Ownership which your Grace did not recognize) through the
Governments resuming possession of land which this Company
had improved or on which their Capital had been in any way
expended; and he added that:

the Company might be assured that it was your Grace's wish
to see that indemnity carried into execution in a liberal
manner whether in the form of Land to which a title should
be given or in any other shape that might be agreed upon.

Mr Under Secretary Merivale went on to state that
it was your Grace's intention to direct the Governor to disallow
claims of that character

except for the actual sites of existing buildings although
your Grace could be willing to allow compensation for losses
such as those above described and was willing to allow
considerable latitude in effecting such compensation by Grants
of Country Lands in lieu of what might be thus resumed.

The Governor in his despatch after giving in detail a
statement of the various claims of this Company and their
different characters concluded by stating that until Her
Majesty's Government arrived at a decision upon the matter
he would respect the Lands claimed by the Hudson's Bay
Company and would not make any sale or transfer within their
limits and suggested therefore that an immediate settlement
should be effected as well upon that account as for the
preservation of the difficulties and complaints which otherwise
would be of constant recurrence.

The communication from Mr Under Secretary Merivale
was answered by a letter from myself of the 6th October
1859 suggesting a mode of settling the matters in dispute.
This was followed by some further communications, and in
the result it was arranged that the rights of the Company
should be the subject of a decision before the Judicial Committee of the Privy Council.

I very much regret that so much delay has already
occurred, and is likely to occur in obtaining any such
decisions, and I should cheerfully cooperate in any measures
which might lead to a speedy settlement of these matters
without the delay of bringing them under the consideration of
the Judicial Committee who probably will not be able to decide
upon the rights of this Company without further information
as to the particular nature of them than is at present forthcoming.

In Mr Under Secretary Merivale's letter of the 14th
September 1859 it was suggested that this Company should name
some one to co-operate with Colonel Moody in making the necessary
investigation as to the actual position of this Company in
regard to the lands under discussion and it perhaps would
even now be of use if such a course were adopted without
pledging either party as to the decision to be come to when
the report should be obtained, but the possession of which
would probably enable both parties to come to some settlement.

My immediate object, however, in now referring to this
matter is to bring to your Lordships notice the course which
has recently been pursued by Governor Douglas in spite of the clear understanding that until the rights of this Company
to the lands claimed by them had been in some way determined
those rights should be respected. The Governor has actually
put up for sale not only the lands which he had himself staked
out in 1858 as belonging to the Company but actually some of
the Buildings upon them; and the Company have been called
upon to remove those Buildings with a threat that if they did
not do so the Buildings would be pulled down.**

This line of conduct is so extraordinary, and, as I
conceive, so unwarranted, and so completely at variance
with the understanding which had been come to with Her Majesty's
Government that all the lands claimed by the Company should
remain untouched until their rights to them had been settled
one way or the other that I do trust Your Grace will lose no
time in directing the Governor to suspend proceedings of this
description and not to interfere in any way with the lands
claimed by the Company and which he had himself described as
being in the possession of the Company until it is settled
whether they are entitled to hold them or not.

I cannot avoid in conclusion expressing my great desire that an amicable adjustment of these matters should if
possible be come to at an early period, as while the
Governor pursues the course he has recently taken it is
obvious that an amicable settlement will become more and more difficult.

On the occasion of my interview with Your Grace I also
took the opportunity to call your Grace's attention to the
subject of the Customs duties levied upon goods imported from
Victoria into British Columbia, but having since been favoured
with a letter from Mr Elliot transmitting a Copy of a
report of Governor Douglas on the subject of these duties,
I feel it will be unnecessary on the present occasion to trouble
your Grace further than to say that in the course of a few
days I shall have the honour to answer that letter, and I will
then submit a few observations in answer to Governor Douglas's report.



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FILE: 1861-01-04_Richards_to_Under-Secretary_of_State_B615AD01.txt
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Richards 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 28th Ultimo that
passage to Colon for the Revd J.B. Good has been ordered on
board the Contract Mail Steam Packet, which will leave
Southampton on the 17th Instant.



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FILE: 1861-01-05_Douglas_to_Newcastle_V61001.txt
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No. 1, Legislative

1. I have the honor to forward herewith the Copy of an Act entitled
the "Victoria Harbour Act 1860," which your Grace will observe has
passed the House of Assembly and the Legislative Council and now
awaits my assent.

For reasons however which I shall proceed to state, I propose to
postpone its execution, until I have ascertained from Your Grace
whether or not I am authorized to deal with certain provisions
contained in the Act.

2. Its object is to raise the sum of £10,000 by loan partly for the improvement of Victoria Harbour, and partly for the formation of a road connecting it with Esquimalt; and for payment of the debt so created: the Act assigns the proceeds of certain fees levied on Ships entering and leaving the Port of Victoria.

3. Concurring in opinion with the other branches of the Legislature
as to the great importance of the contemplated works, I have
nevertheless declined to confirm the Act in consequence of the
following passage which occurs in the 21st section of my
instructions from the Queen, vizt:

And you are not to give your assent to or pass any Act whereby Bills
of Credit may be Struck or issued in lieu of money or for payment of
money either to you our Governor, or to any person whatsoever, unless
a clause be inserted in such act, declaring that the same shall not
take effect until the said act shall have been approved and confirmed
by us our Heirs and Successors.

The intention of that passage I conceive not only prohibits notes
from being declared a legal tender for money but is also meant to
restrain Colonial Governments from contracting debts without having
first obtained Her Majesty's sanction to that effect.

3. I would also beg to draw your Grace's attention to the dues
levied on ships as set forth in Schedule D under the Title of
"Landing Permits" and that your Grace will be pleased to inform me
whether the levying of such dues in this Colony does in any respect
conflict with the laws relating to Trade and Navigation.

I believe there can otherwise be no objection as the rates are not
burdensome to trade and the proceeds are to be devoted to objects of
great commercial importance.

Trusting soon to receive your Grace's instructions with respect to
these points.



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FILE: 1861-01-07_Douglas_to_Newcastle_B61002.txt
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No. 2, Civil

Questions having arisen as to the fitting amount of personal
allowance to be granted to Colonel Moody, and to the Officers of
Royal Engineers under his Command, when absent from their fixed
residence upon duties connected with their Civil Services, I
should feel much obliged if your Grace would inform me of what is
usual in such cases, and also whether officers, or what officers,
are entitled to the privilege of charging the Public with the
cost of the travelling Expenses and board of their Servants,
when accompanying them upon such occasions.

2. In the case of the Civil Officers of the Government, the
sums I have hitherto sanctioned in the few cases which have
occurred have been

To the principal Officers of the Government,

or Superior Civil Servants................ £1 per night

Inferior Officers........................... £0.15 "

Subordinates in Departments, such as

Clerks, Junior Clerks, Constables... From 0.12.0. to 0.6.0.
per night

In some of the more remote Districts, I have been obliged to
increase these rates somewhat, according to necessity, for the
bare necessaries of life are sometimes only obtainable at a cost
of from 12/s to 16/s per diem.



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FILE: 1861-01-07_Douglas_to_Newcastle_V61002.txt
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No. 2

I have the honor to acknowledge the receipt of Your Grace's despatch
No 35 of the 16th September last, transmitting copy of a despatch
from her Majesty's Chargeé d'affaires at Washington
enclosing copies of his communications with Mr Trescot on the subject of the
substitution of Military for Civil jurisdiction in San Juan.

2. I await your Grace's instructions for the withdrawal of the Civil
Magistrate from that Island whose legal jurisdiction virtually ceased when the sovereignty of the Island was admitted on both sides to be
in suspense. I would therefore, since no advantage can be gained
from his continuing to reside there, recommend the removal of that
Officer from the Island.



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FILE: 1861-01-07_Douglas_to_Newcastle_V61003.txt
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No. 3

I have the honor to acknowledge the receipt of Your Graces despatch
No 36 of the 20th September last, enclosing copy of a letter you had
caused to be addressed to Mr Pemberton in explanation of his
official position and extending his leave of absence to the month of
January 1861.



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FILE: 1861-01-07_Hamilton_to_Rogers_Permanent_Under-Secretary_B615TE02.txt
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Hamilton to Rogers (Permanent Under-Secretary)

With reference to Mr Elliots letter of the 27th
ult submitting a proposal of the Governor of British Columbia
for the negotiation in this country of a Loan of £50,000 for
the purpose of completing the construction of Roads to the
newly discovered Gold diggings on the Southern Frontier of
the Colony; I am directed by the Lords Commissioners of Her
Majestys Treasury, to acquaint you, for the information of the
Duke of Newcastle, that Their Lordships, having had this proposal under Their consideration, are fully prepared to appreciate
the importance of an early development of the the Resources of
the Colony, by the Construction of Roads, and They would be unwilling to throw any impediment in the way of the undertaking;
but They would remind His Grace that there are several important
considerations to be dealt with, before the proposal of a Loan
can be finally adopted.

Their Lordships would observe that They have not, up to the
present time, received any account of the Revenue and Expenditure
of British Columbia, since its first establishment as a Crown
Colony.
*
Nor have They received the accounts, that have been
called for, of the appropriation of the sums, that have been
drawn from time to time, by Bills upon the Paymaster General, for the service of the Colony;
**
which might enable Them to adjust
the advances made from the Treasury Chest account, a question
which formed the subject of the correspondence noted in the margin;
***

Until They have before Them some further information in regard
to the general Financial condition of the Colony, My Lords are
unable to form an opinion, how far They would be justified in
assenting to the present proposal of The Governor.

It will be incumbent on the Governor to shew clearly, that
the local Revenue is able to meet the Charge for the Loan, together
with all other legitimate Colonial Charges; with the exception of
The Colonial pay of the Royal Engineers, which may for the present,
under the circumstances of the newness of the settlement, be borne
by the Imperial Government. It will also be necessary, before
any steps can be taken for raising a Loan in this Country, that
some adequate provisions should be made by Local Enactment, for
the payment of the Interest, and for the Redemption of the
Principal of such Loan; as any uncertainty on these points might
cause considerable difficulty in raising the Money in the English
Money Market.

In the event of the Governor's furnishing satisfactory information
as to the Financial condition of the Colony, together with a
complete statement of the expenditure of the sums drawn from this
country, and upon the passing of an Act, or Ordinance, providing
for the raising of the money required, on the security of part,
or the whole, of the Revenue of the Colony, Their Lordships will
be prepared to entertain the proposal, and They would suggest
for the consideration of His Grace, that the negotiation of
such loan might be most conveniently effected eventually, through
the Agents General for Crown Colonies.

Their Lordships approve of the instructions which His Grace
proposes to give to Governor Douglas in regard to the Funds
already raised by him on the security of Colonial Bonds, and
in regard to the necessity of obtaining the sanction of Her
Majesty's Government for raising money on the security of
Colonial Revenue. Before concluding this communication Their
Lordships would point out, what appears to Them to be an
oversight in the statement contained in the 2nd Paragraph
of Mr Elliot's letter, in regard to the pay of the
detachment of Royal Engineers, being the "only" charge upon
the Imperial Treasury for British Columbia; and that all
other Expenses are provided for out of the revenue of the Colony.

A reference to the Estimate for this Colony, for the year
1860/1 shews, that, apart from the Salary of the Governor,
provision is made for the Salary of the Commissioner of Lands,
and for the Colonial pay of the Royal Engineers, who are, so
far as Their Lordships are aware, engaged in a civil, rather
than a Military, capacity for the service of the Colony; their
Military or Regimental pay still chargeable on the Army.



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FILE: 1861-01-07_Hawes_to_Elliot_Assistant_Under-Secretary_V615WA01.txt
================================================================================

Hawes to Elliot (Assistant Under-Secretary)

I have laid before Mr Secretary Herbert your letter of the 4th inst
with its enclosure from the Foreign Office proposing that one of the
Regiments about to leave China should be sent to Vancouver's Island.

In reply I am to request that you will acquaint the Duke of Newcastle that Mr Herbert infers from the last information received from China that the four Regiments ordered home are now on their passage and may
be expected early in March, and that the Regiments to be returned to
India have probably by this time arrived there. The force remaining
in China, as being considered necessary for occupation, pending the
performance of the stipulations of the Treaty, will probably be
required for one year at least.

Under these circumstances, if any force is required at present in
Vancouvers Island it must be drawn from some other source. At the
same time Mr Herbert must point out that if meant for a defence
against the attacks of any powerful nation a much larger force would
be required to be effective, and that there is always a risk of
sacrificing a small one.



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FILE: 1861-01-08_Douglas_to_Newcastle_B61001.txt
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No. 1

I have the honor to acknowledge the receipt upon this date
of Your Grace's despatches of the numbers and dates noted on the
other side hereof.

*



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FILE: 1861-01-08_Douglas_to_Newcastle_V61005.txt
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No. 5, Civil

I have the honor to acknowledge Mr Rogers' Despatch No 39 of the
4th of October, transmitting an Extract of a letter from Admiral Sir Robert L. Baynes to the Secretary of the Admiralty, and requesting me, in reference thereto, to report to Your Grace on the suggestion made by that Officer that a Magistrate should be appointed to reside on Admiral (or Salt Spring) Island.

2. I have accordingly the honor to inform Your Grace that Rear Admiral Baynes' suggestion points to an exceedingly proper and
advisable course, in perfect accordance with my own views and the
invariable practice of my Government, as is manifest from the
circumstance of there being one or more Justices of the Peace resident
in every settled District of this Colony, Salt Spring Island
excepted. I have made it a rule to select those local Magistrates
from the respectable class of Settlers, in compliment to them as well
as with the view of economising the Public Revenue, which would be
severely taxed by maintaining so many Stipendiary Magistrates at a
probable cost for each of £500 a year; while the District Justices in
performing the same duties with at least creditable efficiency,
receive only one pound a day while in session, as remuneration for
their services. None of the resident settlers on Salt Spring Island
having either the status or intelligence requisite to enable them to
serve the public with advantage in the capacity of local Justices,
no appointment was, simply for that reason, made; and there was no
urgent cause why we should depart in that instance from Established
custom, by appointing a Stipendiary Magistrate for that District.

3. It would be a mistake to suppose that the presence of a Civil
Magistrate, however useful in preserving the peace among their fellow
subjects, is an effective substitute for Military protection in the
case of Indian difficulties; or to suppose that without physical
force either the Magistrate or his authority would be respected by
the Natives.

4. Admitting, to some extent, the truth of Admiral Baynes' remarks as to the origin of quarrels between white men and Indians in other
parts of the world, I differ from him in opinion as to their
applicability to the British Possessions on this Coast, where I think
it will be found that the Indians have generally been the aggressors
in the few serious disputes that have occurred.

5. The Indian disturbance at Salt Spring Island mentioned in Admiral
Baynes' letter, was a purely accidental occurrence arising out of the
unexpected meeting of people belonging to hostile Tribes—neither
knowing the other to be there. It was the affair of a moment, an
uncontrolable ebulition of savage fury—each attacking the other with
relentless ferocity until one of the parties was entirely destroyed.
It is therefore evident that nothing short of a Military Force,
anticipating and prepared for the occasion, could have been of the
least avail in preventing the slaughter: the interference of a Civil
Magistrate, unless strongly supported, might have aggravated the
evil, by provoking, through injudicious zeal, a contest with the
Savages, which, considering the small number of settlers, might not
improbably have led to their utter destruction.

The latter though greatly alarmed, suffered no molestation whatever
from the victorious Tribe, who, before leaving the Settlement,
expressed the deepest regret for the affray, pleading in extenuation
that they could not control their feelings, and begging that their
conduct might not be represented to this Government in an unfavorable
light.

6. Your Grace may rest assured that I shall take the first
opportunity of appointing in the usual manner, a Justice of the Peace
for Salt Spring Island Settlement; and should there be an urgent
necessity for an Earlier appointment, the Legislature will, I have no
doubt, cause a sum of money to be appropriated for the support of a
Stipendiary Magistrate at that place.



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FILE: 1861-01-09_Good_to_Under-Secretary_of_State_B616G01.txt
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Good to Under-Secretary of State

I have the honor to acknowledge the receipt of your
"Government Order" reducing my Passage money out to Colon to
Contract Rate, and beg you in return to accept my hearty & grateful
thanks.



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FILE: 1861-01-10_Douglas_to_Newcastle_V61006.txt
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No. 6

With reference to Your Grace's Despatch of the 28th June 1860, No 26, upon the subject of the resumption of Vancouver's Island by Her
Majesty's Government, and of the temporary arrangement made for the
disposal of land not heretofore dealt with by the Company, I have the
honor to acquaint Your Grace that I received by the same Mail with
Your Despatch, the undertaking, to which you allude, from the
Governor of the Company, to confirm all sales of such land that I
might make.

2. There is however, one serious drawback to this arrangement, for
by it, all the Deeds must be forwarded to the Company in England to
be perfected by the attachment of the Corporate Seal of the Company,
the use of which it is stated cannot be delegated. I am not aware
whether Your Grace contemplated this process, but it is one which
will be productive of much embarrassment. Under the old system when
Land was paid for by instalments the practice was found inconvenient,
but under existing circumstances, when Land may be sold by Auction
and paid for at once, the delay and uncertainty attending the issue
of the Title may, I fear, have the effect of depreciating its value.

3. As an instance of the delay consequent upon sending the Deeds to
England, I would mention that in February 1859, certain Title Deeds
were forwarded for execution, and that up to the present time they
have not been returned. Constant enquiries have been made at the Land
office for them, and their non-arrival, combined with a rumour which
has circulated that the Company do not intend to confirm the
appropriation made of Land for the Public Park and Church Reserves,
has created a feeling of distrust embarrassing to this Government.

4. I have specially addressed the Company upon the subject of the
non-arrival of these Deeds, and in replying to the Communication
before alluded to, from the Governor of the Company, I have again
adverted to the circumstance as will be seen from the Copy of the
letter I enclose herewith.

5. My recent Despatch No 51 of the 7th December last, will throw
much light upon the claim, now under the consideration of the Judicial
Committee of the Privy Council, made by the Company to 3084 acres
around Fort Victoria; and I trust I may be pardoned for urging upon
Your Grace that no settlement of the claim should be admitted which
would in any way infringe upon the Reserves made and virtually
guaranteed to the Public by being marked upon the Official Plan, and
used as appropriated.

6. To convey a clearer idea of the position of the land in question,
I forward herewith a Rough Sketch Map of the Town of Victoria and
Environs, upon which the portions reserved for Governmental and
Public purposes are distinctly noted and marked in color.



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FILE: 1861-01-11_Douglas_to_Newcastle_B61003.txt
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No. 3

With reference to your Grace's Despatch No. 48 of the
24th August 1860, acquainting me that the claims of the
Hudson's Bay Company to certain lands in British Columbia had
been referred, by mutual consent, to the Judicial Committee
of the Privy Council, I would beg to submit to Your Grace that
in any arrangement which may be come to, a proviso should be
inserted to the effect that should any portion of the land
confirmed to the Company at any particular spot have been
alienated by the Government, an equivalent in land is to be
allotted elsewhere.

2. The land claimed by the Company in British Columbia has
been reserved as far as was practicable under the circumstances,
but it may be found that some trifling portions have been
unavoidably or unintentionally sold, and therefore a provision
for such a contingency is necessary to guard against any
subsequent controversy and reference.

3. By such a Provision no injustice will be done to the
Hudson's Bay Company, for no land actually occupied and
possessed by them could be so dealt with, as actual occupation
would of course be their security against intrusion, and
prevent the alienation to others of what the Company really
required, and therefore the loss of a fractional portion of
unoccupied land in one place could be fairly met by the
appropriation of an equal portion elsewhere.



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FILE: 1861-01-17_Cameron_to_Newcastle_B615MI02.txt
================================================================================

Cameron to Newcastle

I have the honour to request the favor of being informed by Your Grace of the yield of Gold by the Colony of
British Columbia for the respective years 1858, 1859, & 1860.

And should your Grace have any information respecting the
other minerals of that Country, it would be conferring a great
favor, to permit me to be informed thereon.



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FILE: 1861-01-17_Douglas_to_Newcastle_B61004.txt
================================================================================

No. 4

I have the honor to acknowledge the receipt upon this
date of your Grace's despatches of the numbers and dates
noted on the other side hereof.

*



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FILE: 1861-01-17_Douglas_to_Newcastle_V61008.txt
================================================================================

No. 8

I have the honor to acknowledge the receipt upon this date of Your
Grace's despatches of the numbers and dates noted on the other side
hereof.

*



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FILE: 1861-01-19_Pemberton_to_Fortescue_Parliamentary_Under-Secretary_V616P01.txt
================================================================================

Pemberton to Fortescue (Parliamentary Under-Secretary)

I have to acquaint You that I came here Yesterday from Ireland
intending to leave London as ordered, on the 30h inst. for Vancouver Island, via New York and Panama unless I shall in the interval
receive further instructions, and that until I go my address will be
as above in case of my services being required.



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FILE: 1861-01-21_Douglas_to_Newcastle_B61006.txt
================================================================================

No. 6, Military

Requisition having been made upon me for the sum of about
Two Thousand Pounds (£2000) required to defray the balance of
expenditure on Military account for 1860, I have the honor
to acquaint Your Grace that I have instructed the Treasurer
to procure that sum by Bills on Her Majesty's Paymaster General
in the usual manner, and I have to request your Grace will
obtain the necessary authority from the Lords Commissioners of
the Treasury for the Bills presented on this account to be
paid when they become due.



================================================================================
FILE: 1861-01-21_Douglas_to_Newcastle_V61007.txt
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No. 7

I have the honor to forward herewith copy of a Requisition I have
received from the Acting Colonial Surveyor for Stores and Articles
required for service of the Light Houses on this Coast, and I trust
Your Grace will have the Kindness to cause the necessary instructions
to be given for these Stores to be shipped in the first Vessel bound
for this Port.



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FILE: 1861-01-21_Hammond_to_Rogers_Permanent_Under-Secretary_V615FO01.txt
================================================================================

Hammond to Rogers (Permanent Under-Secretary)

I have laid before Lord John Russell your Letter of the 14th
instant, enclosing Copies of a correspondence with the War
Department, respecting the Question of detaching a Regiment from the
China Expeditionary Force to Vancouver's Island.

I am to request that you will state to the Duke of Newcastle, in
reply, that Lord John Russell continues to be of opinion that
advantage would result from replacing the detachment of Marines, now
doing duty on San Juan, by a similar Detachment from a Line Regiment;
but that, independently of this consideration, His Lordship cannot
but think that, a Battalion might be usefully stationed in
Vancouver's Island, where, and in the adjoining Colony of British Columbia, we have large interests at stake, while, on the other hand,
the neighbouring provinces of the United States abound in a squatter
population only too ready to create disturbance, but against which, if
directed towards the British Provinces, such a force might exercise a
very salutary check.

I am, accordingly, to suggest, for the Duke of Newcastle's
consideration, that a further Letter should be addressed to the War
Office, requesting that whenever another Regiment is removed from
China, it should be sent to Vancouver's Island.



================================================================================
FILE: 1861-01-21_Hammond_to_Rogers_Permanent_Under-Secretary_V615FO02.txt
================================================================================

Hammond to Rogers (Permanent Under-Secretary)

I have laid before Lord John Russell your Letter of the 4th instant,
inclosing a Copy of a Letter from the Governor of the Hudson's Bay
Company respecting the question of the company's Establishment on the
Island of San Juan.

I am to state to you, in reply, for the information of The Duke of
Newcastle, that Lord John Russell is disposed to concur in His
Grace's views on this subject, as stated in your Letter; at all
events, His Lordship does not consider that the company have any
claim upon Her Majesty's Government in respect of their establishment
upon San Juan.



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FILE: 1861-01-23_Douglas_to_Newcastle_B61005.txt
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No. 5, Financial

I have the honor to submit for Your Grace's information the following abstract of the amount of Imports into the Colony of British Columbia, and of Revenue collected at the Custom House for the three months ending with the 31st day of December 1860; and also a comparative Statement of the amount of Imports and Customs Revenue for the years 1859 and 1860.

Your Grace will observe that those Returns exhibit a large increase in the value of imports, and in the Revenue derived from Customs, both as compared with those of the preceding quarter and of 1859.

£ s d

Official Value of Imports for October,

November, and December 1860 ................ 65,541.6.6.

Official Value of Imports

for same period of 1859 .................... 51,076.6.5.

Increase of imports on the Quarter ......... £14,465.0.1.

Revenue from all sources collected at

the Custom House for the months of

October, November, and December 1860 ....... 9831.17.10.

For the same Quarter of 1859 ............... 6344.14. 6.

Increase of Revenue on the Quarter ......... £3487. 3. 4.

Official Value of Imports for the 12

months ending 31st December 1860 ........... 256,661.1.10.

Imports for the 12 months

ending 31st December 1859 .................. 177,299. 7.9.

Increase on the Imports for 1860 ........... £79,351.14.1.

Revenue from all sources collected at

the Custom House for the 12 months

ending 31st December 1860 .................. 35,519.10.10.

Ditto Ditto for the 12 months

ending 31st December 1859 .................. 18,339.14.9.

Increase of Customs Revenue 1860,

being about 94 per cent .................... £17,179.16. 1.

If those results are to be regarded as tests of the
progressive improvement of trade, and of the gradual
development of the resources of the Colony, I feel assured
they will prove highly interesting to Your Grace.



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FILE: 1861-01-23_Godley_to_Assistant_Under-Secretary_V615WA02.txt
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Godley to Assistant Under-Secretary

With reference to your letter of the 8th Ulto and its enclosed
report from Governor Douglas, Stating that he will be compelled to
draw upon the Lords Commissoners of the Treasury for the sum of
£1000 to defray the cost of Barracks for the Troops occupying St
Juan:

I am directed to state for the information of the Secretary of State
for the Colonial Department, that the sanction of the Lords of the
Treasury has been obtained to the expenditure in question.



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FILE: 1861-01-24_Pemberton_to_Newcastle_V616P02.txt
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Pemberton to Newcastle

May I ask Your Graces permission to remain a few days longer in
England on the ground that delays in the engraving of some of the
maps, (proofs of which we herewith furnish) which I did not
anticipate have taken place. The Maps will I trust when quite
complete will be useful in explaining the Geographical part of
questions of landed property which have arisen between Her Majesty's
Government and the Hudson's Bay Company, apart from their Colonial
application. If Your Grace will graciously accord me leave till the
12th proximo, I shall have the satisfaction of having the Maps very
carefully completed under my own supervision.



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FILE: 1861-01-26_Douglas_to_Newcastle_B61007.txt
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No. 7, Financial

I have much pleasure in transmitting herewith a synopsis
of the Revenue and Expenditure of the Colony of British Columbia
for the year ending on the 31st day of December 1860, which I have caused to be compiled in the Audit Office from the
Public Accounts for the purpose of laying approximately before
Your Grace at the earliest moment such information as may be
desirable, in anticipation of the formal Estimates which are
in course of preparation, and will be forwarded by the next Mail.

Although the December Returns and some of the back accounts of the distant out Stations have not been received and are merely estimated in this account, yet it exhibits very closely
the actual Revenue and Expenditure, and may, for all practical
purposes, be assumed as a true statement of the financial
position of the Colony.

The principal item of Revenue in that account will be
found under the head of Customs, classified as follows, vizt Duties on Imports £29,702—Harbour and Tonnage Dues, Head Money, the Roads Tolls at Yale and Douglas for the month of
November, and other minor receipts, collectively £5817,
making in all the sum of £35.519.

The increase of Revenue from duties on Imports is about 70 per cent, as compared with the Revenue derived from the same source in 1859; and it may be fairly assumed, considering the increase of population and the progressive state of the Colony, that the Customs Returns
of 1861 will be in excess of those of 1860.

The amount of land Sales for the Year 1860, is £10962,
which is less by £7915. than the sales of 1859; a difference explained by the large sums received for building lots at New Westminster and other Towns where land was required for commercial purposes, and sold at high prices. A larger quantity of Country Land has been sold in 1860, but from the comparatively low price, did not yield a proportionate revenue.

There is no prospect of a material increase in Land Sales
for 1861, except through the effect of emigration from Canada and Great Britain, as there is a very small farming population in the Colony; the working classes being chiefly miners,
accustomed to excitement, fond of adventure, and entertaining
generally a thorough contempt for the quiet pursuits of life.

The minor items of Revenue in the synopsis will probably
not vary much in 1861 from the sums in the present Return; and cannot, in any case, be expected greatly to affect the amount of the general revenue.

On the other side of the account is the sum of £16,736
expended for "Establishments"—the most rigid economy having
been exercised in this department, the amount is not susceptible
of reduction—but might with advantage to the public service be
increased by some very necessary additions to the emoluments
of the principal executive officers of the Colony; their
present Salaries being not only inadequate to the relative
importance and responsibility of the offices they hold, but
literally insufficient to maintain them in a respectable position; a subject which I will take the liberty of bringing
before Your Grace in a separate Despatch.

The outlay on Works and Buildings amounts to the sum of
£3513, and in the formation of Roads and Bridges there has
been expended the sum of £18,935; a profitable investment
for the Colony, as is apparent from its increasing revenue,
which will no doubt keep pace with the improvement of its
internal communications and the facilities afforded to trade
and commerce. A detail of those Works is given in Statement
No 2—and the outlay on each is approximately shewn.

The other items of disbursement, being separately of small amount, need no comment.

The entire expenditure amounting to £44,124:
has been defrayed out of the current revenue, and there remains a balance of £8886 in the Treasury, which will be sufficient
to meet the outstanding liabilities of the Colony for the
unfinished Contracts of the Roads in progress.

The Works we propose to execute this year, are as follows;

A Cart Road from Pemberton to Cayoosh, length about 36 Miles

Ditto from Hope to Shimilkomeen ................ 74 "
Improvement of Navigation of Shimilkomeen River…60 Miles

Horse Road from Boston Bar to Lytton............... 30 Miles

Ditto from Lytton to Alexandria ............... 150 "

Ditto from Cayoosh to junction with Lytton Road 30 "

In Progress

Road from New Westminster to Langley ................ 15 Miles

Ditto from New Westminster to Burrards Inlet ..... 9 "

Ditto to Boundary Line at Semiahmoo Bay ........... 14 "

Ditto from Spuzzum to Boston Bar (nearly finished) 20 "

For the execution of these highly necessary works, we may,
I believe, safely estimate that the sum of £25,000 can be
provided out of the revenue of the Colony, without at all
impairing its capacity to defray the whole Civil expenses of
the Government. Much more than that sum is however required to
complete such extensive public works; and I therefore addressed
Your Grace on the subject of a Loan of £50,000 in my Despatch No 84 of the 28th of August last.

If that project can be carried out, we shall enter the
field with larger means, and the Colony will sooner experience
the impulse thereby given to trade and industry; if on the
contrary the Loan is not procurable, the extent of those
undertakings will be regulated by the means actually at my disposal.

I see no probability, short of an almost absolute abandonment
of all the essential public works upon which we are engaged, of
our being able, this year to maintain out of the Colonial Revenue,
the Detachment of Royal Engineers stationed here; and I rely
with confidence upon the Mother Country again affording her
assistance in our difficulties, by providing for them as
heretofore, out of Imperial Funds, so that I may be free to
apply the whole surplus revenue of the Colony, after paying all
its own Governmental expenses, to the opening of Roads and other
public works indispensable to its development.



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FILE: 1861-01-26_Douglas_to_Newcastle_B61008.txt
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No. 8

I have the honor to forward herewith to Your Grace copy of
a letter I have received from Mr George Hunter Cary, Attorney
General for this Colony, tendering the resignation of that
appointment, with a view to obtaining confirmation in the
appointment of Attorney General for Vancouver's Island.

2. Your Grace is aware that there is no Attorney General
appointed by Her Majesty's Government for Vancouver's Island,
and that I have therefore been necessitated to avail myself
of the services of Mr Cary—services which have ever been
most cheerfully rendered, and, hitherto, altogether gratuitously—and
I can scarcely express how much I feel indebted to Mr Cary for his valuable aid both as a Member of the Legislature
and as an Adviser to the Government.

3. Your Grace will observe that Mr Cary expresses his
readiness to continue the performance of the duties of Attorney
General for British Columbia until a Successor is appointed,
and I would therefore ask Your Grace to select another
Gentleman to fill that most responsible position in British Columbia, and to secure the services of Mr Cary for Vancouver's Island by confirming the Acting Appointment I have given him.

4. A Salary of Four Hundred pounds (£400) per annum has been
voted by the Legislature of Vancouver's Island for the Attorney
General, subject however to the condition that it shall not be
payable out of the General Revenue of the Colony (i.e. the
Revenue apart from the proceeds of Land Sales) until the public
Lands of the Colony shall be placed under the control of the
Legislature. Mr Cary is of course aware of this condition,
and in accepting the appointment perfectly understands that
he will be subject to it.

5. I need scarcely add that Mr Cary is a gentleman of high
attainments, and good judgement, and would be found a most
valuable and useful servant to any Government.



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FILE: 1861-01-26_Douglas_to_Newcastle_B61009.txt
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No. 9

I have the honor to acknowledge the receipt upon this
date, of your Grace's despatches of the numbers and dates
noted on the other side hereof.

*



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FILE: 1861-01-26_Newcastle_to_Douglas_V617045.txt
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No. 45

I have to acknowledge the receipt of your Despatch No. 43 of the
8th of October last and to convey you my sanction for the expenditure of about one thousand pounds which you propose to incur on account of the erection of Wooden Barracks required for Her Majesty's
Troops on the Island of San Juan.



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FILE: 1861-01-28_Douglas_to_Newcastle_B61010.txt
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No. 10

I have the honour to acknowledge the receipt of Mr Fortescue's Despatch No 57 of the 27th of October, on the subject of two letters addressed to me by Colonel Moody, dated respectively the 24th and 22nd of August last; the first relative to my having instructed the Magistrate of the Hope District "to select the site," and lay "out a Town" on the Shimilkomeen River; and the second respecting the
provision made in the Estimates of 1860-61 to meet the expenses
of the Royal Engineers in British Columbia.

2. Those letters having been received on the eve of my
departure on a protracted journey into British Columbia, where
I had an opportunity of conferring personally with Colonel
Moody, and there being really no point at issue with him, and
the subject referred to in his letter of the 24th of August
never having been since brought under my notice, I have
inadvertently neglected to forward those letters to Your Grace.

3. I now however, do myself the honour of transmitting
them, with some necessary remarks. I will not attempt to explain
Colonel Moody's object in addressing to me his letter of the
24th of August, but I beg to assure Your Grace that so far
from restricting the exercise of his legitimate powers, I have
used every effort to increase and promote the efficiency of
the Department of Lands and Works; and I have no doubt Colonel
Moody will be the first to admit that he has personally met
with every consideration and attention from me; and that our
intercourse, both public and private, has been uniformly cordial,
confidential, and friendly. So far from assuming any vexatious
controul over the subordinate departments of Government, I have
in every instance allowed the freest scope for the exercise of
talent and experience, by throwing the whole labour and
responsibility entirely upon the Officers conducting the
departments; using only a necessary discretion in regulating
details, restricting expenditures, rejecting the wild and
theoretical in principle, and striving to establish a thoroughly
sound and practical system.

4. In a Colony so extensive, inaccessible, and of whose
physical character so little was known as British Columbia, the
Lands and Works Department had to cope with peculiar difficulties
that would have taken years to surmount, and the energies of the
department might have been exerted to little purpose had it been
cast upon the wilderness and left to take its course without
experienced direction. The mountain passes and the general
character of the ground had to be examined before roads could
be laid out, and the country opened for travel; a service
which alone cost a vast amount of labour.

5. To save time and expense, all the preliminary explorations
on the great thoroughfares leading from Douglas, Hope, and Yale,
into the country beyond the mountains, were executed by the
District Officers, assisted by Indian Guides, and white men
inured to hardship and privation: and when by that means the
shortest and most accessible routes had been unmistakeably
established, the Commissioner of Lands and Works was authorised
to complete the surveys, to lay out the roads, fix the grades,
to contract for the work, and the necessary funds were placed at
his disposal, in order that the whole execution should be left
entirely in his hands.

6. The Town Sites in British Columbia, New Westminster
excepted, which was a deliberate selection, were all determined
by public choice, influenced by local circumstances of necessity
or convenience; for example—Hope, Yale and Douglas, from
being at the head of Steam Navigation in their respective
Districts, and Cayoosh and Lytton convenient termini in the
route by land: the plans and laying out of those Towns, however,
devolved in every instance on the Chief Commissioner of Lands
and Works.

7. The circumstance which gave rise to Colonel Moody's
letter of the 24th of August was as follows: owing to
rumoured discoveries of Gold at Shimilkomeen and Rock Creek,
I directed Mr O'Reilly, the Magistrate of Hope, to visit those
places for information; and as the public exigencies absolutely
required that a Town Site should be selected without delay, in
the country beyond the Hope mountains, for the storage of supplies to meet the wants of the Shimilkomeen and Rock Creek
Districts, and as all the Officers of the Royal Engineers were
otherwise employed, and Colonel Moody himself supposed to be
absent on duty, Mr O'Reilly was directed to make the choice.

I, at the same time, addressed a note to Colonel Moody,
of which a Copy is enclosed, repeating the instructions to Mr
O'Reilly, which were—to select a Town Site—and nothing
more; not, as is stated in Colonel Moody's letter, "to lay out
a Town", an expression, which as Your Grace will observe, does
not occur in my letter; and that such was not my intention, may
be further inferred from the fact that it would have been imposing
on the Magistrate a task which neither his previous experience,
nor the means at his disposal, qualified him to perform. When
addressing that letter to Colonel Moody, I was under the impression
that he was engaged in examining the Roads, then in course of
formation, beyond Yale: it appears however, that he received my
letter, and was present at Hope, when Mr O'Reilly left that
place. As Colonel Moody did take those serious views of Mr
O'Reilly's mission, represented in his letter, which though
sound in principle, I think totally inapplicable to the case of
a mere commercial town, whose position must after all be
determined by public convenience, as people are not generally
disposed to perch their houses upon bleak mountains or
inaccessible cliffs, simply because they happen to be good
military positions, his proper course, instead of referring
to me for orders, which could not possibly reach him in time to
be of any use, was to have proceeded at once to Shimilkomeen,
which is only 70 miles distant from Hope, and done whatever
appeared to him necessary in the case.

As Colonel Moody exercises the absolute controul in his own
department, and may in the course of duty visit at his own
discretion any part of the Colony he pleases, I must confess my
inability to explain why he departed from the rule on that
occasion; but of this I can assure Your Grace, that there was
no cause for assuming that my approval would have been withheld.

8. With reference to the remaining letter of Colonel Moody,
No 438, dated Hope 22nd August 1860, I have merely to remark that it was called forth by my communicating to him the purport
of the information received from Your Grace with respect to the
provision made in the Estimates for the Year 1860-61, to meet
the expenditure of the Royal Engineers in British Columbia;
but in doing so, I had no intention for one moment of creating
the impression that any breach of the terms and privileges
guaranteed to his Command by Her Majesty's Government, was either
contemplated or intended; and having afterwards personally
explained this to Colonel Moody, I considered he was satisfied,
and that there was no further occasion to take notice of the
matter.



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FILE: 1861-01-29_Berens_to_Newcastle_B615MI04.txt
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Berens to Newcastle

I have the honour to acknowledge the receipt of Mr
Elliott's letter of the 30th Ultimo, transmitting a copy of a Report received from Governor Douglas on the subject
of the complaints made by this Company on the operation of
the Proclamation issued by him for collecting the duties
on Imports into British Columbia.

I feel much obliged to your Grace for the trouble which
you have been good enough to take in this matter, and I shall
lose no time in forwarding the Report to the representatives
of the Company in Vancouvers Island from whom the complaint emanated.



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FILE: 1861-01-29_Cameron_to_Rogers_Permanent_Under-Secretary_B615MI03.txt
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Cameron to Rogers (Permanent Under-Secretary)

I have had the honour to receive your letter of the 22nd
inst. informing me, in answer to mine, that all information
regarding the gold produce and minerals of British Columbia
was to be found in the paper presented to Parliament. I
have to thank you for this, and at the same time beg leave
to mention that there are no returns for the year 1860 in print.
May I pray the favor of being informed of the yield of
gold for that year?



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FILE: 1861-01-31_Hamilton_to_Rogers_Permanent_Under-Secretary_B615TE03.txt
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Hamilton to Rogers (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 two Bills as per Margin
*
drawn up by Mr W.D. Gossett, Treasurer of British Columbia, for the sum of £4,000 for the general service of the Colony.



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FILE: 1861-01-31_Murdoch_to_Rogers_Permanent_Under-Secretary_B615LN01.txt
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Murdoch to Rogers (Permanent Under-Secretary)

I have to acknowledge your letter of 23rd instant
enclosing an extract of a letter addressed to the Duke of
Newcastle by Mr Berens the Governor of the Hudsons Bay Co.

2. Mr Berens complains that Governor Douglas has
put up to sale, not only a portion of the land which
had been staked out by himself in 1858 as claimed by the
Hudsons Bay Co, but also some of the Buildings upon
it—and he expresses a hope that the Duke of Newcastle will
at once direct the Governor to discontinue proceedings of
this description, until the title of the Company to the
lands claimed by them has been decided. In the absence of
any explanation from Governor Douglas it is impossible to
form an opinion upon the specific facts complained of, but
the following is the present position of the question in
regard to the land claims of the Hudsons Bay Company in British Columbia.

3. Prior to the erection of British Columbia into a Colony the Hudsons Bay Co had occupied many tracts of land for the erection of Forts or Trading Establishments as well as for purposes of cultivation. After the erection
of the Colony and the resort to it of Settlers the title
of the Company to lands so occupied was brought into
question. There is no doubt that the Company never
received any formal title to the lands—but they maintain
that long and continuous occupation gives them a title,
and that this title is supported by the stipulations in the
Oregon Treaty of 1846, in regard to land held by them South
of Latitude 49o on exactly the same tenure.

4. A considerable correspondence took place on the
subject in 1858-1859 but without leading to any satisfactory result. Under these circumstances it was arranged with
the Company that the question should be referred to the
Judicial Committee of the Privy Council, and in order to
raise it in the regular form, the Company addressed the
necessary Petitions to Her Majesty in Council—the reference
of which to the Judicial Committee the Duke of Newcastle
assented to on 4th of July last. What further steps have
been since taken to bring the question to decision I do not
know, but it would be manifestly desirable (if it were possible)
to obtain a decision of the Judicial Committee at an early
date. In the meantime it would also be desirable that Governor
Douglas should abstain from dealing with the Land claimed by
the Company, except in cases of absolute necessity. If the
Title of the Company should be affirmed by the Judicial Committee,
H.M. Government would be clearly at a greater disadvantage in
dealing with them for land which had been already appropriated,
then for what had been left untouched in their hands. Without,
therefore expressing any opinion on the transactions alluded to
by Mr Berens of which we have so little information, I
would submit that Governor Douglas should be directed, pending the settlement of the question before the Judicial Committee,
to avoid as far as possible all interference with lands claimed
by the Hudsons Bay Company.



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FILE: 1861-02-01_Newcastle_to_Douglas_B617066.txt
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No. 66

I have to acknowledge the receipt of your despatches marked Separate of
the 9th and the 25th of October last giving an account of your
recent journey through B. Columbia.

I have also received your Despatch No. 95 of the 9th of November
enclosing a Report by Dr Forbes of H.M. Ship "Topaze" of the
proceedings of the Exploring Party under his charge.

I have perused these Reports with much satisfaction as containing
interesting information on the advance the Colony has made, and as
showing, so far as can at present be ascertained, the Agricultural and Mineral Resources of the Country.



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FILE: 1861-02-05_Douglas_to_Newcastle_V61011.txt
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No. 11

I have the honor to acknowledge the receipt upon this date of your
Grace's despatches of the numbers and dates noted on the other side
hereof.

*



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FILE: 1861-02-06_Douglas_to_Newcastle_B61011.txt
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No. 11

I have the honour to transmit herewith, Copies of the
following four Proclamations entitled as under, and numbered
from 1 to 4, namely:

*

No 1. "Jurors Act 1860."

No 2. "Sheriffs Act 1860."

No 3. "An Act to facilitate the Trial of Criminals."

No 4. "The Town Lot Leases Relief Act 1860."

2. The three first of those Acts have been found requisite
in the present condition of the Colony of British Columbia for
the due and regular administration of Criminal Justice; and
the other Act, No 4, is intended for the relief of many holders
of Building Lots in the Towns of Hope, Yale, Douglas, and Lytton,
from the effects of certain legal informalities in the conveyance
of those estates, which, notwithstanding their having been
honestly acquired, put it out of the power of Government to
complete the Titles of the present holders.

3. The accompanying Report from the Attorney General will
further explain the character and object of those Acts, and I
trust they will meet the approval of Her Majesty's Government.



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FILE: 1861-02-06_Paulet_to_Elliot_Assistant_Under-Secretary_V615WA03.txt
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Paulet to Elliot (Assistant Under-Secretary)

I have laid before the Secretary of State for War your letter of the
2nd instant together with its enclosure from the Foreign Office in
reference to the question of sending a Battalion of Infantry from
China to Vancouvers Island, to protect our interests there and in the
neighboring Colony of British Columbia.

In reply I am to request that you will acquaint the Duke of Newcastle
that Lord Herbert will raise no further objection to this measure,
and he has consequently requested His Royal Highness the General
Commanding in Chief to give directions for having the first available
Regiment despatched from China to Vancouvers Island.

I am to add that, in accordance with the suggestion contained in your
letter of the 4th January, steps will be taken for bringing away the
Royal Engineers at present serving in British Columbia under the
command of Colonel Moody; but that prior to their withdrawal they
will have to be employed in the construction of wooden Barracks or
Huts for the accommodation of the Regiment of the Line.

Colonel Moody will be instructed to consult with the Governor as to
the site to be selected for the erection of the Barracks.



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FILE: 1861-02-07_Douglas_to_Newcastle_B61012.txt
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No. 12, Financial

With reference to my despatch No 7 of the 26th Ultimo
I have now the honor to forward to your Grace herewith the
detailed Estimates of the Revenue and Expenditure of the Colony
of British Columbia for the year 1861, prepared in as complete and formal a manner as the present infant state of the Colony will admit.

2. My despatch above alluded to contains most of the
explanatory remarks pertinent to these Estimates, and it is
therefore unnecessary for me to encumber this despatch with a
repetition, but there is one point in particular which I will
now take the liberty of bringing to your Grace's attention.

3. In previous correspondence I have asked your Grace for
a reconsideration of the Salaries fixed by Her Majesty's
Government for the principal Officers of this Government, and
your Grace although at that time unable to sanction any increase,
has kindly held out the hope that when I was able to furnish
more definite information as to the Revenue of the Colony, the
subject would again be taken up. The information I have
conveyed in my despatch of the 26th January will exhibit to
your Grace the very satisfactory condition in which the Revenue
of the Colony at present stands, and will shew that not only
has the Colony not applied one sixpence of Imperial Funds
towards liquidating the Civil expenditure within the Colony,
but that she has, in addition to defraying from the first every
farthing of such expenditure, been enabled in 1860 to apply the sum of Thirty six thousand pounds (£36,000)
towards public works indispensable * to her progress and development; and thus to make an investment which has undoubtedly proportionately increased her Revenue, and materially promoted her advancement and stability.

4. The character of the Colony as a gold producing Country
is now so far established that there is but little fear of any
decrease in the present population; on the contrary the
population would seem to be steadily increasing just in
proportion as we can open up roads, and, reducing thereby
the cost of provisions, make the less profitable diggings
remunerative, and day by day is the work of advancement slowly
but no less surely progressing.

5. I think therefore that your Grace need be under no
apprehension of the Mother Country being called upon to defray
any part of the Civil Expenditure of the Colony, and that the
time has come when I may confidently ask that the salaries
which I have inserted in the Estimates for the superior Civil
Officers may be confirmed.

6. The entire Civil Expenditure of the Colony may perhaps
appear large to your Grace, but your Grace is well aware of
the vast extent of Territory included within the Colony, and
of the necessity, for the preservation of law and order, and
for the interests of the Revenue, to establish a Government
Agent at every spot where the miners may congregate and form
a settlement; and to prove not only the expediency but the
correctness of this policy, I would merely advert to the
remarkable tranquillity, and almost total absence of crime
within the Colony, and I would further observe that these
outstations are not only in nearly every case self supporting,
but in some cases add a considerable amount to the general
Revenue. The salaries of some of the Magistrates at the distant
outstations may appear large in comparison with the salaries
asked for the principal Officers of the Government, but in
both cases I would assure your Grace that no more has been
inserted than is sufficient to procure a bare subsistence, and
that the salaries now placed on the Estimates for the superior
Civil Officers are not at all commensurate to their position,
nor approximate to the salaries paid by the Mercantile
Community; for I am informed on good authority that the Actuary
of the Bank established here, whose labours are insignificant
as compared with those of the Treasurer, received a salary of
£2000 per annum, while his two Clerks receive the salaries
of £800 and £600 respectively, and that from £400 to £600
per annum is the usual sum paid by Heads of Firms to their
Clerks and Assistants. Compare this with the present salaries
of the Colonial Secretary, Treasurer, and Collector of Customs,
Gentlemen of position, education, and ability, who by their
very position and education are incapable of availing themselves
of those advantages which their ability would secure to them.

7. I trust your Grace will not think I am unduly pressing
this matter upon your attention, but I know many of the officers
cannot live upon their salaries, unless indeed, as some are
obliged to do, they have recourse to the expedient of taking
their meals at a Restaurant and sleeping in their Office. I
have merely related these few facts for your Grace's information,
for I feel satisfied it would be your desire as soon as the
Colony can afford it to relieve the Officers of the Government
from this embarrassing position.

8. With reference to the sum inserted in the Estimates to
be expended under the head of "Roads, Streets and Bridges", I
trust I may in this early stage of the Colony be permitted to
depart from customary rule, and be left free to expend upon the
important public work of extending the communications of the
country—all the Revenue that may become disposable.

9. The accounts of the Colony for 1860 are in an almost
complete state, only requiring certain distant district accounts
to render them perfect, and they will I hope be forwarded to
England within the prescribed period. The accounts for 1859
are also nearly complete but they have been delayed until now,
in consequence of the difficulties attendant upon their entire
reconstruction, and the references that were necessary in
connection with the Military Expenditure, and other expenditures
during the early stage of the Colony, and before a regularly
organized system was established.

10. As bearing upon the subject of this despatch I take
the opportunity of enclosing a Return of all the Appointments
made by me to Offices in British Columbia up to the 31st
December 1860.



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No. 9

It having been brought to my notice that the Hudson's Bay Company
were about to dispose of at Sale by public auction the whole of the
remaining available water frontage of the business portion of the
City of Victoria, & which water frontage they claim under a Title anterior to the Charter of Grant, I considered it my duty to address
a request to the Board of Management to reserve such portions of
water frontage as might be necessary to construct a Government Wharf
and Harbour Masters Office, no such reservation having been
previously made, and the government in consequence being compelled to
pay an exorbitant rent for a small room upon a private wharf for use
as a Harbour Masters Office.

2. From the reply of Mr Dallas herewith enclosed Your Grace will
perceive that the Company declined to make any such reservation as
that requested, and I therefore caused a second letter to be
addressed to Mr Dallas recapitulating the grounds upon which the
requisition was made, and explaining its propriety. To this second
letter I have not as yet received any reply, but I fear from the
position assumed by Mr Dallas in his first letter that there is but
little prospect of obtaining what is so obviously required.

3. Your Grace has informed me that you do not recognize the claim
set up by the Hudsons Bay Company to the land forming the town Site
of Victoria and adjacent thereto, but that the question had been
referred to the Judicial Committee of the Privy Council for
settlement, I therefore submit the present case to Your Grace in
order that should the claim of the Company be admitted, the portion
of land required, and as is shewn upon the annexed Tracing, may not
be confirmed to them, for I think it clear, whether the claim be
admitted or not, that under all the circumstances of the case it is
wholly inadmissable that the Company should be permitted to
monopolize not only the entire Town Site, and thus deprive the Colony
of the advantages resulting from its Sale, but also every available
part of water frontage, and thus reduce the Government to the level
of a private individual, and oblige it to go into the Market and buy
at an enormous cost what is required for an evident and important
public purpose.

4. A few days ago the Company sold at Auction a portion of the
ground upon which formerly stood their first Establishment at
Victoria (its position is marked upon the tracing enclosed). 51 Lots of an average size of 31 feet by 75 feet, were sold for the aggregate
sum of One Hundred and Twenty five Thousand Dollars ($125,000). Some
60 Lots still remain unsold, but I understand the Company propose
selling so soon as the market will yield a similarly good return.
The Company also still hold some 300 Acres around Victoria (part of
their claim of 3084 Acres) which they are disposing of from day to
day at private sale at the rate of One Hundred pounds an Acre.

5. I mention these circumstances merely to shew the large pecuniary
benefit reaped by the Company through their tenure of Vancouver's Island, and owing to the accident of the discovery of Gold in British Columbia, and that therefore the Company cannot with any shew of
reason complain that if the very insignificant portion of land now
sought be withheld from them, it would be an act at all approaching
to injustice, or as Mr Dallas would perhaps term it "aggression".



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No. 13

I have the honor to acknowledge the receipt of Sir F.
Rogers' despatch No. 58 of the 30th October last with
copy of a letter from the Treasury, acquainting me with
the steps that had been taken relative to sending out a
supply of coin for the use of British Columbia, and that the same had been shipped on board Her Majesty's Ship
"Tartar" which vessel sailed from Portsmouth on the 27th
October last, for Vancouvers Island.

2. I will not fail to acquaint your Grace of the receipt
of the Coin whenever it may arrive, and I will take care to
attend to the instructions contained in the Treasury letter
respecting the manner in which repayment is to be made.



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No. 14

I have the honor to acknowledge the receipt of Mr Fortescue's
despatch No 56 of the 26th October last permitting me under certain circumstances to afford temporary pecuniary assistance to Ministers of Religion in British Columbia and illustrating
the mode in which I should guard myself if it should appear
necessary to avail myself of that permission, and I beg to
return my most sincere thanks for the kind manner in which my
suggestions on this subject have been received, and for the
power that is now given me to act should it appear desirable.



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No. 10

With reference to your Despatch No 2 of the 5th January 1860, I have the honor to forward herewith a Statement, with the requisite Vouchers, exhibiting the expenditure incurred upon Military and Civil account in connection with the Island of San Juan and defrayed out of
Imperial Funds, up to the 31st December 1860.



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No. 13, Legislative

I have the honour of transmitting herewith, Copies of the following
Acts, which have been duly passed by the Legislature of Vancouver's Island, and are now submitted for Her Majesty's approval.

No 1 An Act for the payment of certain Salaries…£3200.

No 2 An Act to apply the sum of £3207.14.1 out of the General
Revenue to defray the Expenses of Departments for the Service of the
Year 1860.

No 3 An Act to apply the sum of £9364 out of the General
Revenue of the Colony of Vancouver Island and its Dependencies to the
Service of the Year 1860.

No 4 An Act to impose certain duties in respect of certain
Trades and Occupations.

No 5 An Act to provide for the repair improvement and
regulation of Roads in Vancouver Island and its Dependencies.

No 6 An Act to levy an Annual Tax of £1 per centum on the
value of all Real Estate in the Colony of Vancouver Island and its
Dependencies.

No 7 An Act to amend the Scale of Fees charged for the
entrance and clearance of Vessels; Licences to Boats, Scows and other
Craft; and dues for Landing Permits, as well as other matters
relating to the same, in the Port of Victoria, including Esquimalt.

2. The first three Acts, numbered 1, 2, and 3, are Bills of Supply,
setting forth the sums voted for the Service of the Year 1860, and
need no remark, as they explain themselves. Neither does it appear
that those numbered 4, 6, and 7 require explanation, as they merely
impose certain taxes in addition to previously existing sources of
revenue to form the sums granted for the year. The Real Estate Tax
Act, No 6, is objectionable in some of its features, especially that
provision which imposes an ad valorem duty on improvements
* which is really a tax on enterprise, increasing in the exact ratio of
expenditure on works whether of utility or luxury. I fear it will
have a direct influence in checking the introduction and investment
of capital; operating with fatal effect on the sources of revenue,
and restraining their natural growth and expansion. It is however one
of those Evils for which it is difficult to find a remedy, as the
omission of the objectionable provision would render a prolific tax
comparatively unproductive, and leave a deficit of revenue to meet
the expenditure. We shall however, endeavour to amend the Act next
Session.

3. The Road Act, No 5, is peculiar in its provisions, but is
perhaps the only system that can be worked to advantage in the present condition of this Colony.



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No. 15

I have the honor to forward herewith a Return of Despatches
for the half year ending 31st December 1860.



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FILE: 1861-02-11_Douglas_to_Newcastle_V61012.txt
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No. 12

I have the honor to forward herewith a Return of despatches for the
half year ending 31 December 1860



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FILE: 1861-02-12_Douglas_to_Newcastle_B61016.txt
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No. 16

I have the honor to acknowledge the receipt upon this date
of Your Grace's despatches of the numbers and dates noted on
the other side hereof.

*



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No. 14

I have the honor to acknowledge the receipt upon this date of your
Grace's despatches of the numbers and dates noted on the other side
hereof.

*



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FILE: 1861-02-12_Hamilton_to_Rogers_Permanent_Under-Secretary_B615TE04.txt
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Hamilton to Rogers (Permanent Under-Secretary)

In reply to Mr Elliot's Letter of the 2nd Instant,
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 Naval Services the sum of £25.19.6 for the entertainment on board the "Satellite" of the Governor of
British Columbia during the Months of July, August &
Sepr 1859.



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FILE: 1861-02-13_Pemberton_to_Blackwood_Senior_Clerk_V616P03.txt
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Pemberton to Blackwood (Senior Clerk)

Herewith I furnish Maps of Victoria Town and District which may be of
Service in questions now pending between Her Majesty's Government and
the Hudson's Bay Company.

I propose to leave Liverpool by an early Steamer so as to catch the
New York Steamer to Aspinwall on the 5th proxo (5th and 20th of
each month) which will I trust be satisfactory.

I should feel much obliged by receiving an authority to draw half pay
in this country.



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No. 15, Legislative

I have the honour to report to Your Grace that I have appointed the
following gentlemen to act as Members of Council for the Colony of
Vancouvers Island, pending Her Majesty's Pleasure.

Donald Fraser, Esquire

David Cameron, Esquire

Alfred John Langley, Esquire

They are all gentlemen of education, approved loyalty, good estate,
and high moral worth, and I recommend them for Her Majesty's
confirmation.



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FILE: 1861-02-16_Julyan_to_Elliot_Assistant_Under-Secretary_B615AG01.txt
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Julyan to Elliot (Assistant Under-Secretary)

I have the honor to report for the information of the
Duke of Newcastle that the estimated cost of the several
articles required for British Columbia—the requisition for
which was forwarded to this Office in your letter of the 7th
inst—is as follows, exclusive of freight and Insurance:

Vizt Stores for the Assay and Melting Office £172.18.6

Small Fire Engine 5.0.0

The time required to complete the orders will be about eight weeks.

With respect to the Coke, I have not been able to find
any Ship Owner willing to carry it as Ballast, as suggested
by Captain Gosset. The rate of freight demanded is 50/-
per ton Measurement, which is equal to about £5 per ton weight.

It is presumed therefore that it is not the wish of the
Colonial Government that it should be sent out under these circumstances.

The original requisition is herewith forwarded for
reference and I beg that you will have the goodness to return
it to this Office, if any of the Articles specified therein
are to be provided by the Agents General.



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FILE: 1861-02-16_Newcastle_to_Douglas_B617066A.txt
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Separate

I transmit for your information a copy of a correspondence between
the Rev. John Garrett and the Commissioners for the Exhibition of Works of Industry and Art to be held in London in the year 1862, in order that you may consider whether it be advisable to appoint that gentleman the
Agent to represent British Columbia on that occasion.



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No. 17, Military

Requisition having been made upon me for the sum of
Three Thousand Pounds (£3000) on Military Account to meet the
Colonial Pay and Rations of the Troops for the months of January and
February, I have authorized the Treasurer to procure that sum
by Bills on Her Majesty's Paymaster General and I have to
request 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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No. 16, Legislative

I had the honour of transmitting a sketch of the proceedings in the
House of Representatives to Your Grace in my Despatch No 37 of the
6th of August last, and I have now the honour of continuing the subject.

2. The Session, which was closed by prorogation on the 6th of instant, has not been devoid of results. Thirty one Bills have, in all, been introduced—twenty one of which have passed both Houses and received my assent; Seven are now before Council; one has passed both Houses but has not been assented to and two have been rejected.

3. Three of the twenty one Bills which have become Law, are Bills of
Supply, providing for the service of the Year 1860.

4. The sum of £3200 was voted to meet the Civil List Salaries,
namely,

The Governor £800

Chief Justice 800

Colonial Secretary 500

Treasurer 400

Surveyor General 400

Attorney General 300

subject to the proviso that the entire revenue of the Colony, whether
derived from taxation, or sales of Crown Lands, shall be placed at
the disposal of the Colonial Legislature. That sum is however,
admittedly inadequate to maintain the Chief Officers of an important
Colony in a respectable position, and would not fairly represent the
relative importance and responsibility of the offices they hold.

4a. The House would not I believe, have objected to a more liberal
Civil List, had I been in a different position, but I did not think
it expedient to ask for a larger sum on behalf of Vancouver Island
than is allowed by Her Majesty's Government for the support of the
Civil Establishment in British Columbia: and another motive for
exercising the most rigid economy, which had great weight with the
House, was the fear of imposing a burden upon the Colony greater than
it is at present capable of supporting; a reason which ought to have
its proper influence and consideration; but I would nevertheless
submit that there should be no formal surrender of the Crown Revenues
to the Colonial Legislature until it has made a sufficient provision
for defraying the cost of Her Majesty's Civil Establishment according
to another scale which I propose to bring forward at the next Session.
*

5. The sum of £3207 was voted for defraying Departmental Expenses,
with the same restrictive proviso as to the payment of the amount out
of the General Revenue of the Colony.

6. The other Supply Bill granting £9364 for various services,
namely, the formation of Roads, the support of a Police Force, and
other purposes, does not appear to require comment.

7. Those sums are to be provided out of the ordinary revenue,
increased this year by the addition of a tax on Professions and
Trades, and on Real Estate.

8. The Expenditure including Establishments, as authorised by the
Legislature, for the Year 1860, is fixed at £15,771—and the revenue
for the same period, is as follows;

Land Sales have Yielded £ 4576. 1.6

Fees of Court 1155.10.2

Spirit Licences 3851.17.6

Harbour Dues 2127.12.7

__________

£11711. 1.9

Trade Licences for the half )

year from 1st July 1860 ) 983. 0.0

__________

£12694. 1.9

Real Estate Tax Estimated 3500. -.-

__________

£16194. 1.9

From this Statement it is assumed that the revenue will slightly
exceed the Expenditure, without involving any material deviation from
the principle of direct taxation now fairly introduced; and it adds
force to the opinion that the cost of governing the Colony may, by
proper care and economy, be met without imposing Customs Duties, or
departing in any way from the present Free Port System.

9. Among the bills which have been passed this Session—besides the
Revenue Bills—The Land Registry Act, and the Act for the formation
of Roads, are of the highest importance and are probably more
appreciated than any other measures by the people of the Colony.

10. The Indian liquor Act imposes additional penalties on persons
convicted of selling liquor to the Native Indians, and I can only
hope it may have the effect of restraining so baneful a traffic.

11. Acts have also been passed for curing defective titles; for
Extending the provisions of the Joint Stock Companies, Acts 1856,
1857 and 1858, to Vancouvers Island; for simplifying the trial of
Minor Criminal cases; for the improvement of the Harbour of Victoria,
and for the Incorporation of the Victoria Gas Company. The other
unenumerated Acts are of merely local importance, or of a private
nature.

12. In the present state of parties there is a good working majority
in the House of Representatives who take the same views and lend
their strenuous support to the measures of the Government.

13. The House met for the dispatch of business on the 1st of March 1860, and were prorogued on the 6th day of this month, and I herewith transmit a Copy of my Address on that occasion. The compliment to the Legislature is not unmerited, as may be observed by the important measures passed during the Session.

14. Copies of all the Acts referred to in this Despatch, will be
transmitted to Your Grace, with the Attorney General's reports.**



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No. 18, Military

With reference to my Despatch No 12 of the 7th Instant,
transmitting the Estimates of the Civil Expenditure of the
Colony of British Columbia, I have the honor to forward herewith
Estimates of the Expenditure necessary on behalf of the Royal
Engineers employed in this Colony, amounting in the aggregate
to the sum of Sixteen Thousand, Seven Hundred and Fifty pounds, which is the very lowest at which the annual cost of the Royal
Engineers can be calculated.

2. From this Your Grace can readily comprehend how
impossible it is for this Colony to defray the expenditure
from her own resources unless the whole, or greater part, of
the public works so imperatively demanded be brought to a stand
still, and the progress of the Colony most disastrously retarded,
and I therefore most earnestly trust Your Grace will be able to
continue the helping hand of the Mother Country in defraying the
expenses of this body of men, who in reality are of more value
to British Columbia on Imperial than on Colonial account.



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No. 19, Miscellaneous

I have the honor to acquaint Your Grace that I have drawn
on Her Majesty's Paymaster General for the sum of Eight Hundred
and Sixty Six Pounds and Five Shillings (£866.5.0), being the amount of
Salary due to me as Governor from the 1st of July to the
31st of December 1860, at £1800 per annum, Income Tax deducted; and I have to request Your Grace will be pleased to obtain the necessary authority from the Lords Commissoners of the Treasury for the Bill presented on this account to be paid when it becomes due.



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No. 17, Military

Being about to quit Vancouver's Island for British Columbia, I have
the honor to acquaint your Grace that I have authorized the Treasurer
to procure the Sum of Three Thousand pounds (£3000) by Bills on Her
Majesty's Paymaster General for the purpose of meeting the
Requisitions which will be made upon me for funds to pay the Arrears
of Colonial Pay due to the Officers and Men of the Royal Marines now
at San Juan, as authorized in your Despatch No 37 of the 2nd July
1860, and No 60 of the 12th November 1860.



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No. 19

I have the honour to acknowledge receipt of Despatch No 40, of the
17th of October last, upon the subject of my reports respecting the
means taken to preserve tranquility in the Colony during the period
of a large influx of Indians into the neighbourhood of Victoria.

2. I am gratified to learn that the measures I adopted were such as
to be in harmony with the views of Her Majesty's Government, and I
feel much indebted for the advice and suggestions contained in the
Despatch.

3. With respect to the latter part in which I am urged to encourage
the formation of a volunteer force, I beg to assure Your Grace that I
have not overlooked this matter. The desire exists on the part of
the Colonists, but unfortunately one of the most essential
requirements is wanting.

4. A Volunteer Rifle Corps has been formed amongst the coloured
population, which I have fostered to the best of my ability by
encouraging them to proceed, and by obtaining the services of a Drill
Sergeant from Her Majesty's Ships; and so great is the esprit
exhibited by them that they have built themselves a Hall, and pay the
Drill Sergeant most handsomely for each instruction: but they want
Firearms, and have applied to me to render them this assistance,
which at present I am unable to do.

5. The most respectable of the white residents are also fully
prepared to enrol themselves as a volunteer force, the only drawback
is a want of efficient Firearms. In fact, had I been capable of
supplying these, a most valuable corps would have been formed at the
time of the American occupation of San Juan.

6. The smallness of the Colonial Revenue and the infant state of the
Colony will not admit of the necessary Firearms being procured by the
Colony; I trust therefore that Her Majesty's Government will Extend
their assistance in this matter, and if they will but furnish 500
stand of arms, I will engage on my part to form a volunteer force
that I can safely assert will be no discredit to the Empire.



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No. 20, Legislative

I have the honor to acknowledge receipt of your Grace's Despatch No
41 of the 16th November 1860, forwarding an Order of Her Majesty in
Council dated 26th of October 1860, confirming Act No 16 passed by
the local Legislature of Vancouver Island.



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No. 21

I have the honor to acknowledge receipt of Despatch of the 10 November 1860, marked "Separate", containing the Queens Warrant for
the appointment of Mr George Tomline Gordon as Treasurer for the
Island of Vancouver.



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FILE: 1861-02-19_Newcastle_to_Douglas_V617046.txt
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No. 46

I have to acquaint you that I have authorized the Colonial Agents
General to issue to Mr. Pemberton the sum of two hundred and fifty
pounds (£250) on account of the half salary due to him as Surveyor
General of Vancouver Island while on leave of absence.

There are no funds, as you are aware belonging to the Colony of Vancouver Island in the hands of the colonial Agents, and I have therefore to instruct you immediately on the receipt of this despatch to remit the sum of two hundred and fifty pounds (£250) to this Country in repayment of the advance thus made on account of the Colony.



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FILE: 1861-02-20_Hamilton_to_Rogers_Permanent_Under-Secretary_B615TE05.txt
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Hamilton to Rogers (Permanent Under-Secretary)

With reference to Mr Elliot's letter of 15th
inst, respecting the title of The Hudson's Bay Company to
certain tracts of land in Vancouver's Island, and British Columbia; I am directed by The Lords Commissioners of Her
Majesty's Treasury to request, that you will state to The
Duke of Newcastle, that, if the proposed Reference to The Judicial Committee of the Privy Council comprehends merely
the question of Title to the Lands in question, My Lords
are of opinion that They are not called upon to become Parties
to the Reference; but if any question relating to Compensation,
to be awarded to the Hudson's Bay Company, in respect of such
lands, is involved in the Reference; then, before My Lords can
give Their consent to the proposed proceeding, They request
to be furnished with the precise claim of The Company, and the
actual reply, which The Secretary of State has directed to be
made to it, as well as the grounds, on which it is proposed to
oppose the claims of the Company before The Privy Council.



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FILE: 1861-02-22_Hamilton_to_Rogers_Permanent_Under-Secretary_V615TE01.txt
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Hamilton to Rogers (Permanent Under-Secretary)

With reference to your letter of the 16 Inst reporting the completion
of the Lighthouses on Vancouver's Island and the expenditure of about
£1000 over and above the sum of £7752 already sanctioned for
expenditure in the Colony on this work—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 been pleased,
under the circumstances, to authorize the Board of Trade to accept
such Bills as may be drawn for this service in excess of the amount
already sanctioned to the extent of £1000—the sum to be added to the
Estimate for Lighthouses abroad 1861-2 now under preparation.



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FILE: 1861-02-23_Pemberton_to_Blackwood_V616P04.txt
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Memo, Pemberton to Blackwood

J.D. Pemberton's compts. Begs to acquaint
Mr Blackwood that he leaves London
by the P.M. Mail train for Liverpool for Steamer "Etna" via New York Panama
&c to Vancouvers Island, in the event of
Mr Blackwood having any commands.



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FILE: 1861-02-23_Romaine_to_Rogers_Permanent_Under-Secretary_B615AD02.txt
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Romaine to Rogers (Permanent Under-Secretary)

With reference to my Letter of the 1st July 1859
requesting re-payment of expenses incurred by the Naval
Department, on account of supplies of Provisions supplied
to the Colony of British Columbia, amounting to £5294.3.5,
and in reply to your Letter of the 16th July in the
same year, stating that the Estimate to be submitted to
Parliament for British Columbia had not been voted, but
when that had taken place payment would be ordered; I am
commanded by my Lords Commissioners of the Admiralty, to
request that you will move His Grace the Duke of Newcastle,
to cause the amount to be inserted in the Treasury
Estimates for the ensuing financial year, if not already done.



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FILE: 1861-02-24_Newcastle_to_Douglas_B617067.txt
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No. 67

I have the honor to acknowledge your despatch No. 97 of the 28th
of November, accompanied by a return of Customs Revenue in the Quarter ending on the 30th of September last.

I feel compelled to take this opportunity of once more drawing your
attention to the neglect to furnish really adequate returns of the
Revenue and Expenditure of British Columbia.

The volume of Colonial Regulations contains in Chapter VII, from
pars 217 to 243 inclusive, a statement of financial returns which ought
to be periodically sent to this Country. The first Article in this
portion of the Regulations is expressed in the following terms:

217. Her Majesty's Government attach the highest importance to the
regular and punctual transmission of the following Returns, and
Governors are desired to impress this upon those Officers whose duty it
may be to prepare them.

Similar Instructions have frequently been repeated in despatches
from the Secretary of State No. 58 of the
24th of December 1858 and No. 3 of the
6th of January 1859 supplied copies of the forms in which the
Accounts of the Colony ought to be kept. In No. 22 of the 5th of May
last, and again in No. 55 of 25th of October, the necessity of
transmitting the Returns demanded by the Colonial Regulations was
inculcated. Notwithstanding these repeated directions, I can only
find, since the commencement of the Colony, one solitary report of the
general Revenue and Expenditure, being an abstract which was transmitted
in your despatch No. 127 of the 8th of April 1859, showing the
amounts received and expended up to the preceding month of February.

This remissness not only infringes the general rules of the Service
and deprives Her Majesty's Government of information which it ought to
possess, but it operates at this very moment most prejudicially to the
interests of the Colony by it's effect on the proposal which you have
made for raising a moderate loan to improve the internal communications.
For it can hardly be necessary to say that no Capitalist in England
could be induced to lend money to a Colony in the absence of any
information as to the total amount of it's Revenue and Expenditure.

I
am well aware of the multiplicity of affairs which demand your
attention, and although I cannot but address this despatch to yourself
as Governor of the Colony, I am sensible that you may not be personally
answerable for the neglect of which I am obliged to complain. But there
is a Treasurer whose sole duty if he confine himself to his proper
functions, is to keep the Accounts of the Colony in a clear state, and to
furnish, with the punctuality and regularity suitable to the Office with
which he is entrusted, the Returns demanded by the rules of the Colonial
Service. If he has supplied you with such Returns, I can hardly imagine
that you would have omitted duly to forward them to this country. On
this point you will doubtless give me the requisite information. But if
he has not supplied you with those documents, I should wish to know
whether he has been furnished with the volume of Colonial Regulations, or whether he has had his attention called to the particular part which
I have quoted, and also whether any communication has been made to him on
the occasion of the different despatches to which I have above referred,
and unless he can plead that he has been wholly in ignorance of these
requisitions on him, I have to call upon him to explain his omission to
produce the information which he was bound to furnish.

You will have the goodness to communicate a copy of this despatch
to Captain Gossett [Gosset] and to transmit to me any report which he
may make on the subject.



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Booth to Under-Secretary of State

I am directed by the Lords of the Committee of Privy Council for
Trade to acknowledge the receipt of your letter of the 16th Instant
transmitting Copy of a Despatch from the Governor of Vancouver Island
reporting the completion of the Lighthouses on Fisguard Island and
Race Rock.

In reply I am to request that you will inform His Grace the Duke of
Newcastle that in their Lordships opinion these works have been
executed in a very satisfactory manner. And I am to suggest that it
may be well to convey this opinion to the Governor and to Captain
Richards.

As regards the request of the Governor that Bills which he will have
to draw to the amount of One Thousand Pounds (£1000) in addition to
the Seven Thousand Seven Hundred and Fifty-two Pounds (£7,752)
already sanctioned, may be duly accepted, I am to state that the
Treasury has authorized the Board of Trade to accept Bills to that
amount, and that one Bill of Six Hundred Pounds (£600) has already
been accepted.

The sum of One Thousand Pounds (£1000) will be added to the Estimate
for Lighthouses abroad now under preparation.



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FILE: 1861-02-28_Douglas_to_Newcastle_B61019SP.txt
================================================================================

Separate

Since I last had the honor of reporting on the state of
affairs in this Colony, I have received various communications
from the District Gold Commissioner, the substance of which I
will now lay before your Grace.

2. A report from the Gold Commissioner at Hope dated 31st January represents that district as being in a perfectly tranquil state; that about 300 miners were then employed in
that vicinity a large proportion of whom were Chinese; and
that it was probable there would be a considerable emigration of that
class towards Rock Creek and Shimilkomeen in the course of the spring.

The river communication from New Westminster had been closed
by ice for eleven days, but was then open and the Steamer "Hope"
had arrived on the preceding day, with some freight which was
carried at the reasonable charge of Twenty shillings a ton.
Food was abundant in the District and prices moderate, as will
be observed from the enclosed statement.

3. The miners at Shimilkomeen had not been able to do
much work on their mining claims in consequence of the coldness
of the weather, and the River being covered with drift ice.
Bench diggings had however been discovered by several mining
companies which were expected to yield from Twenty to Thirty
shillings a day to each man employed in washing. Many new
houses were being erected, and deals and other material prepared
for the operations of the coming season. Bread stuffs and other
articles of food were not abundant and the price of those articles
much higher than at Hope. Great exertions were being made to forward supplies by the mountain road opened last summer which is practicable even in winter notwithstanding the depth of snow. It is now therefore apprehended that the Miners in that District will suffer from want of food.

4. Mr Commissioner Sanders reports that the Yale district
continues in a satisfactory state. Mining is carried on to an
equal extent, but he is of opinion with less remunerative results
than last year. The Mining claims are with few exceptions in
the hands of the Chinese, there being about Two Thousand of this
people within the district. As a rule they have been successful
and many have returned to their homes the possessors of from
Two to Four thousand dollars. There are but few white miners,
and the major part of the small number still in this district intend to leave for Rock Creek or the Carreboeuf Country in
spring. The total number of miners wintering in the district
is about Three thousand. There are about Two Thousand Chinese
in Yale and its environs alone. The cold weather had put a
stop to all mining operations. The enclosed extract from Mr
Sander's report contains some interesting information respecting the state of trade, and the public works in progress, especially
the road leading from Yale to Lytton.

5. The accompanying tracing of the boundary line of British Columbia and the Territory of the United States lately received from Mr Cox, Gold Commissioner at Rock Creek exhibits the position of the 49th parallel as respectively marked on
the ground by Her Majesty's and the United States' Commissioners.
The line as determined by Her Majesty's Commissioner runs south
of and includes a small town built some months ago by American
Citizens who having full confidence in the accuracy of the line
previously traced by the United States Commissioners proceeded to build upon and occupy the site. It is by no means certain
which of the two lines will be finally adopted as the true
line of demarcation between the two countries, but it is very
important on public grounds that the point should be settled
without delay while the commissioners are on the spot, or it
will give rise to numberless difficulties and become a fruitful
source of contention between the frontier settlers on both
sides. I would therefore take the liberty of suggesting to
Your Grace that instructions should be forwarded through the
proper department to Colonel Hawkins, Her Majesty's Commissioner for determining the boundary, relatively to that effect. The
enclosed extract from Mr Cox's report of the 16th January to
the Colonial Secretary will convey in his own words the latest information from the mines on Rock Creek.

6. The last report from Mr Elwyn the Gold Commissioner of
Cayoosh District is dated on the 16th of February. The melancholy fate of Mr Price, a respectable tradesman, who was barbarously murdered in his own house at Cayoosh on the evening of the 1st of February, has excited an intense sensation.
The authors and object of the crime are unknown, it is supposed
however to have been committed by Indians and three of those
people have been taken into custody on suspicion, and duly
committed for trial at the next assizes. The weather was
already warm and pleasant at Cayoosh and the exodus had commenced of Miners and mule trains with supplies for the upper Country.
Their departure being probably hastened by the arrival of
several Miners from Alexandria with reports of some wonderfully rich discoveries on Bear River, a stream which discharges into the South branch of Fraser's River above Fort George. These
men assured the Gold Commissioner that Twenty five shillings
worth of gold had been washed out of a single bucket full of
the auriferous earth, and though he freely admits that there
may be some exaggeration in these statements, yet he seems to
entertain no doubt of their general accuracy nor of the fact
that very valuable discoveries have actually been made during
the present winter in that quarter. Mr Elwyn also states that
the bridge over Frasers River which was in course of erection
by a private company near Cayoosh was accidentally destroyed
when more than half of the work was finished and the enterprise
is therefore abandoned for the present a circumstance which I
much regret not only on account of the travelling public who
will be put to much inconvenience through the want of a bridge
at that point; but also of the spirited adventurers who have
sustained a heavy pecuniary loss and whose enterprise merits
a better fate.

7. There is no further intelligence of much importance
from the mining Districts.

8. The reduction from ten shillings to four shillings
and two pence per acre in the upset price of country land
will no doubt give an impulse to the settlement of the country,
but the change has been so recently made that we are not yet
able to judge of its practical effects. We are however at
present engaged in opening roads through the forests into
the more fertile Districts around New Westminster in order to
render them accessible and to remove every serious impediment
to their early settlement which, by that means, will be
greatly promoted.



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FILE: 1861-03-01_Berens_to_Newcastle_B615MI05.txt
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Berens to Newcastle

I have the honour to acknowledge the receipt of Mr
Under Secretary Fortescue's Letter of the 15th ulto.
with the accompanying Copy of a despatch from Governor Douglas
enclosing Copies of a Correspondence with Mr Dallas. From
a communication received by this Company from Mr Dallas
(who, I may observe in passing, is Son in law of His Excellency)
it appears that he sent a rejoinder to the Governor's letter of
which I have the honour to transmit a Copy herewith and from
which Your Grace will observe that there appears to exist a
serious misunderstanding between these Gentlemen as to
what has really occurred in reference to the claims of the
Hudson's Bay Company.



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FILE: 1861-03-01_Newcastle_to_Douglas_B617068.txt
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No. 68

H.M. Government have had under their consideration
the application contained
in your despatch No. 84 of the 28th of August last for permission to
raise a loan of £50,000 in this Country to be applied to the
construction of Roads in B. Columbia, and I enclose, for your
information, the copy of a correspondence which has passed on the
subject between this Department and the Board of Treasury.

You will perceive from this correspondence that while the
importance of opening up as promptly as possible the internal
communications of the Country is fully appreciated, and while every wish is felt on the part of H.M. Government to assist you in accomplishing that
object, the absence of precise information as to the financial position
of British Columbia would render fruitless any attempt to raise a loan
in this country upon the credit of the Colony. In another despatch I
have called your attention to the omission to supply this information,
and to the prejudice which in the present instance the neglect has
inflicted on the interests of the Colony. It only remains to state that
upon receiving from you the accounts required by the Lords Crs. of the
Treasury I shall be prepared to submit your
proposal again to their Lordships' consideration.

With respect to the loans which have been raised by you in the
Colony to provide the means of completing roads which were in course of
construction I have received and will communicate to the L. Crs. of
the Treasury your despatch No. 104 of the 12th Dec. explaining the
circumstances under which you have had recourse to that step without the
previous sanction of H.M's Government.



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FILE: 1861-03-01_Newcastle_to_Douglas_V617047.txt
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No. 47

I have to acknowledge the receipt of your despatch No. 50 dated
the 5th of December last reporting the completion of the Fisgard and Race Rock Lighthouses and representing the circumstances under which
you had found it necessary to incur an additional expenditure of one
thousand pounds on these Works.

It is gratifiying to Her Majesty's Government to learn that, with
the valuable aid rendered by the Admiral on the Station, the
Lighthouses have been constructed in a manner creditable to all
concerned in the undertaking.

The Lords of the Committee of Privy Council for Trade have been
authorized to accept such bills as you draw on account of this service,
in excess of the amount already sanctioned to the extent of one
thousand pounds.

You will bear in mind that a moiety of the whole expenditure on
account of these Works is to be ultimately contributed from Colonial
Funds in conformity with the intimation to you in Sir Edward Lytton's
Despatch No. 63 of the 11th of May 1859.



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FILE: 1861-03-02_Collins_to_Colonial_Office_B616C02.txt
================================================================================

Claro-Collins to Colonial Office

The Revd W. Claro-Collins presents his compts to the
Right Honourable the Secretary of the Colonial Office, & desires to beg a little information on the following subject.

A poor parishioner of his, has seen in a newspaper an account
of the death of a relative, who was shot in California in some
quarrel. As he has left a little property, the Survivors are
anxious to take steps to prove the death of the deceased; but as
they do not know whom to apply to, nor in what manner the
application Should be made, the Revd W. Claro-Collins will feel
grateful for any information as to whether there are any
authorities in California who can be addressed on the Subject with a
view to establish their relationship & prove the death.



================================================================================
FILE: 1861-03-02_Newcastle_to_Douglas_B617069.txt
================================================================================

No. 69

I have to acknowledge the receipt of your despatch No. 98 dated the
29th of November last enclosing a list of Articles required for the
Assay Office in British Columbia which the Colonial Treasurer requests may be procured and sent out from this Country.

I have instructed the Colonial Agents to comply with this
Requisition, with the exception of the supply of Coke, at the estimated
cost specified in the letter of which I enclose a copy.

In the present instance I have requested the Lords Commissioners of
the Treasury to defray the cost of these Articles, as an advance to be
repaid from Colonial funds, but on all future occasions on which it may
be desirable to obtain stores for the service of your Government from
this country, you will remit to the Agents General the funds requisite
for meeting the expenditure, unless you should have previously sent to
them, which would be preferable, some general remittance sufficient to
meet all current demands of this kind.



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FILE: 1861-03-04_Douglas_to_Newcastle_V61018.txt
================================================================================

No. 18, Legislative

With reference to my Despatch No 16 of the 18th of February
transmitting the Acts passed in the House of Assembly during the past
Session, I have the honour now to forward the report upon those Acts,
by the Attorney General, which should have accompanied that Despatch,
but could not be obtained in time.



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FILE: 1861-03-06_Homer_to_Newcastle_B615MI08.txt
================================================================================

Homer to Newcastle

At a Convention of delegates from various districts
in British Columbia, held at New Westminster from the 15th
to the 20th of February, A Memorial * was forwarded from them to Your Grace, through His Excellency Governor Douglas.

At the same time I was directed to transmit, a duplicate
Copy of the Memorial by Mail, as the members of the Convention
were desirous, that the wishes of the People of British Columbia
should be made known to Her Majesty's Government at as early a
period as possible.

I therefore beg leave most respectfully to Enclose a Copy
of the Memorial.



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FILE: 1861-03-06_Newcastle_to_Douglas_B617070.txt
================================================================================

No. 70

I have the honor to acknowledge the receipt of your despatch No. 100 of the
28th of November containing a general report upon the Colony of
British Columbia.



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FILE: 1861-03-07_Douglas_to_Newcastle_B61020.txt
================================================================================

No. 20, Military

I have the honor to acknowledge receipt of Despatch No 50 of the 3rd October last, transmitting copy of a letter
from the Admiralty respecting the accounts for the shipment
and delivery of Stores sent to British Columbia in the "Thames City," and I have, in compliance with the instructions contained in the said Despatch, communicated a copy of that letter to Colonel Moody.



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FILE: 1861-03-08_Cox_&_Co._to_Rogers_Permanent_Under-Secretary_B616C03.txt
================================================================================

Cox & Co. to Rogers (Permanent Under-Secretary)

Not having received from Colonel R.C. Moody, R.E., H.M's
Commissioner of Works, British Columbia, the usual certificate of
existence to 31st December last, we have the honor to transmit a
letter from that officer, dated 1st January, which, we trust,
may be considered sufficient to allow of the usual document being
sent to us for presentation to H.M's Paymaster General, in order
that we may obtain his salary for December quarter.



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FILE: 1861-03-09_Reeve_to_Fortescue_Parliamentary_Under-Secretary_B615CO01.txt
================================================================================

Reeve to Fortescue (Parliamentary Under-Secretary)

1. I have laid before the Lord President of the Council
your letter of the 6th instant enclosing a communication
from Mr Hamilton which states the views of the Lords
Commissioners of Her Majesty's Treasury on the subject of the
reference of the Petitions of the Hudson's Bay Company, to
the Judicial Committee of the Privy Council and I am
commanded by His Lordship to make the following observations
on this subject.

2. The Lord President entirely concurs in the opinion
of His Grace the Duke of Newcastle, expressed in your previous
letter of the 31st July 1860, that the question to be
referred to the Judicial Committee ought only to be that of
title; and that the subsequent question of the amount of
indemnity to be paid to the Company in the event of the
decision of the Judicial Committee being in their favor, may
more properly be settled afterwards between the Company and
the Executive Government.

3. But it is evident that a decision of the legal
question of title by the Privy Council in favor of the
Company would fairly be taken to establish the claim of the
Company to some indemnity; and indeed that is the prayer
of their Petition to her Majesty and the sole object of
the contemplated proceeding.

4. It does not appear however to the Lord President
that the Lords Commissoners of the Treasury in the letter
of their Secretary of the 20th February 1861 have taken
this view of the case.

5. Mr Hamilton says that if the proposed reference to the Judicial Committee comprehends merely the question of
title to the lands in question, the Lords Commissioners of
the Treasury are of opinion that they are not called upon
to become parties to the Reference; but if
any question relating to compensation to be awarded to the Hudson's
Bay Company in respect of such lands is involved in the reference,
then, before their Lordships can give their
consent to the proposed proceeding, they require further
information from the Secretary of State.

6. This reply appears to the Lord President to
withhold rather than to give the required assent of the
Lords Commissoners of the Treasury.

7. No advantage could arise (as far as the Lord
President is aware) from a discussion of the title to the
lands as an abstract question; nor would such a title
(if established) be of any value to the Company, except
in as much as it involves the principle of compensation,
or of restitution, by replacing the Company in possession
of the lands which are alleged to have been improperly
taken from them. But the prayer of the Petitions is
not for restitution but for payment of the value of lands
&c taken by the Officers of Her Majesty's Government.

8. In any case it would be highly inconvenient that
such a question should be debated at the Bar of the Privy
Council on one side only, and the Lord President apprehends
that it must be the intention of His Grace the Duke of
Newcastle or of the Lords Commissoners of the Treasury
to cause the Law Officers of the Crown to be instructed
to argue the case and examine the evidence on behalf of
the Crown. His Lordship therefore conceives that the
expression "the Lords of the Treasury are not called upon
to become parties to the Reference" cannot be taken to
mean that the Lords of the Treasury would not think it
necessary to take any share in the proceedings.

For the reasons before alleged it appears to the
Lord President that it is not expedient to impose on the
parties the expense of a hearing before the Privy Council,
or to impose on the Lords of the Judicial Committee the
duty of adjudicating upon this legal title, unless it be
upon a distinct intimation from the Lords Commissioners
of the Treasury that in the event of the decision being in
favor of the title of the Company to these lands, their
Lordships will consider such title to be established, as
the principle of the compensation prayed for by the
Company, and will therefore recognize that principle,
leaving the amount of the indemnity to be adjusted
hereafter between the Company and the Executive Government.

The Lord President therefore directs me to add that
as it appears to his Lordship that Mr Hamilton's
letter of the 20th February last does not contain any such
distinct intimation, but, on the contrary, asks for further
information before the Lords Commissoners of the Treasury
can give their consent to the proceeding, involving, as it
undoubtedly does, the question (though not the amount)
of compensation, his Lordship is of opinion that the reference
of the Petitions must be deferred until the Lords
Commissoners of the Treasury have favored his Lordship
with a more explicit declaration of their consent to abide
by the decision of the Judicial committee as to the principle
of compensation arising out of the legal title to the lands.



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FILE: 1861-03-13_Forbes_to_Newcastle_V616F01.txt
================================================================================

Forbes to Newcastle

With feeling of much regret I apply to your Grace again for a
grant of Land for myself and two Sons in VanCouver's Island, the
only reward that I can now hope for my faithful Service to my
Country. The rule when I enterd

the Service as Clerk in the War Office was to have Half pay in
the event of retiring after the expiration of Ten years Service.
My Service was nearly double that and the allowance of Half
Pay has been withheld from me, this unfair treatment which is
contrary to holy Writ, my grateful Country does not warrant, I
am sure to any one who have done their duty like myself as shewn
by the enclosures herewith enclosed.

One of my Son's has got Temporary employment now in Oregon and I
am anxious to scratch my way to him, allow me to beg of your
Grace not to allow myself and Family to turn our backs upon our
Country notwithstanding the cruel treatment given to me, but
give us a free grant of land in VanCouvers Island and in that
case I shall be contented.



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FILE: 1861-03-14_Murdoch_to_Elliot_Assistant_Under-Secretary_V615LN01.txt
================================================================================

Murdoch to Elliot (Assistant Under-Secretary)

I have to acknowledge the receipt of to Sir Frederic Rogers' letter of
6th ultimo, enclosing a Despatch from Governor Douglas with various
other documents, on the subject of the conflicting claims of the
Crown and the Fur Trade Branch of the Hudsons Bay Co to certain land
in the Town of Victoria in Vancouvers Island, which has been recently
sold by order of the Governor.

This question has arisen out of an arrangement which has been
differently represented by Governor Douglas and the Agent for the
Hudsons Bay Co. The former stated that being anxious to obtain
funds for erecting new Government buildings he resolved on selling
the Land on which the old Government Buildings stood, but that being
unable, during the existence of the grant to the Hudsons Bay Co of
Janry 1849, to give titles to that land, he arranged with the
Company's Agent to surrender the land to him on receiving from him
the proceeds of the sale amounting to $27,000. The Agent of the
Company on the other hand represented the $27,000 as an advance made
to the Governor on an express stipulation that it should be included
in the expenditure to be repaid to the Company on the revocation of
their grant. The Governor, however, denied this representation and
asserted that the advance was to be covered by the sale of the Land,
the proceeds of which had been paid to the Cashier of the Company.

3. So far no question arose as to the ownership of the Land which
was asserted by the Governor and not denied by the Company's Agent to
be a public Reserve, and the proceeds of the Sale therefore public
money. But in a letter from the Governor of the Hudsons Bay Co of
the 16th Decr 1859 a new claim was started. Mr Berens there
alleged that the land in question was part of the property possessed
by the Company before the Grant of 1849—that its sale on Government
account had been protested against by the Company's Agent, but was
allowed to proceed in order to avoid discrediting the Governor—that
the buildings erected upon it had been erected at the expense of the
Hudsons Bay Co and that the right of the Company to those Buildings
had been asserted by the Governor in his address to the House of
Assembly of 7 May 1859 & by the Surveyor General, Mr Pemberton, in a
speech in the Assembly on the 17th of the same month.

4. Out of this letter two questions arise. First whether the
Company are entitled to the Land in Vancouvers Island which they
claim by reason of occupation previous to the grant of 1849, and
Secondly if so whether the Land now in question forms a portion of
that to which they are so entitled.

5. Upon the first point it is not of course asserted that the
Company can show any legal Title—but they rest their equitable
claim on the length of their possession on the stipulations of the
Oregon Treaty of 1846 in respect to Lands similarly held by them
within the Territory of the United States and on the deliberate
acquiescence of Lord Grey in their claims when brought under his
notice in 1846 and again in 1851-2. Whether these facts would be
sufficient to make out claims which are likely to have so important a
bearing on the future progress of the Colony it is unnecessary here
to consider. The Duke of Newcastle has announced to the Company his
intention to refer this claim to the Judicial Committee of the Privy Council, in the same way as their similar claim in
British Columbia, and they were accordingly requested on
7th Febry 1860, to send in a supplementary
statement on the subject. I do not gather from the papers before me whether this has yet been done. If not it would
probably be desirable to remind the Company of it.

*

6. In respect to the second question vizt whether if the Company are
entitled to Land by reason of occupation before 1849 the Land now in
dispute forms a part of it, the evidence presented by these papers
appears to be as follows.

7. In January 1851 the Hudsons Bay Co directed Governor Blanshard
to commence the erection of Government Buildings—adding

You and your Council will hold the same with the Lands that may be
appropriated with them as Trustees for the Colony.

Before this Despatch however reached the Colony, Governor Blanchard
[Blanshard] had already commenced the erection of a Government
House—with reference to which Mr Douglas, who was then Agent to the
Company, wrote under date 29th Janry 1851, as follows.

I have not charged that sum (the amount expended by Governor
Blanshard) to the Colony as the site on which it (the Government House)
stands belongs to the Fur Trade—and I was proposing that the House
and premises should remain a Fur trade possession and that the Colony
should be charged an Annual rent of 10 per cent on the original
outlay.

It further appears that on the 7th May 1859 (at the time that is
when he was negociating with the Companys Agent for the advance of
$27,000) Governor Douglas in a Speech to the Assembly of Vancouvers Island stated that

The Building now occupied as a Government office as well as that for
the Land office are the property of the Hudsons Bay Co.

And on the 17th of the same month Mr Pemberton the Surveyor General
stated in the Assembly

in explanation of the erroneous information which he officially had
given the House in reference to the Old Government Buildings and
their site, that the Governor and himself had believed them to belong
to the Government, but upon the return of the Agent of the Fur Trade
Co they had been convinced after taking legal advice upon the
matter, that the Fur traders were the rightful owners of the
aforesaid property, and consequently the Government were not, except
by purchase.

**

8. This would at first sight appear conclusive as to the views of
the Governor & Surveyor General up to the commencement of the present
correspondence. But on the other hand Governor Douglas in a despatch
dated 12th Septr 1859 (4 months after his & Mr Pemberton's
statements to the Assembly) described the Land as having been
"reserved by the Hudsons Bay Co for Government purposes" and in a
despatch dated 28th March 1860 asserted that the Land appropriated
to the Government House was always regarded by him (he having
succeeded Mr Blanchard as Governor in May 1851) as a Government
Reserve, and that the Colonial Surveyor had strict orders from him
not to dispose of any of it. In a subsequent despatch of 7th Decr
last he alleged, with reference to his proposal before referred to to
lease the Buildings on this Land to the Government, that as the
Company did not approve of that suggestion

***

the cost of the buildings was in consequence borne by the Colony, and
the land appropriated to them was retained and set apart as a
Government reserve up to the period of its sale.

****

And he calls attention to a letter of instructions addressed to him
by the Governor of the Company on his appointment as Governor in
which it is stated, inter alia, that it must be understood that if
any part of the Company's Reserves is required for public purposes it
may be resumed upon repaying the price and any improvements that may
have been made upon it. The Land in question was, he observes,
required for public purposes and was taken possession of by the
Government in 1851, but as no price had been paid for it nor any
expenditure incurred on it by the Company there was nothing to be
repaid on that resumption. He adds that it was not till Septr 1853
that the Compy made a minute that the Land should be registered as
belonging to the Company, and not till Janry 1859 that the
registration was effected. He likewise transmits an opinion from his
Attorney General to the effect that the Company have no claim to the
Land.

9. It will be seen from this recapitulation that there is much
difficulty in reconciling Governor Douglas' present statement with
the views which he originally entertained in respect to this Land and
which, if the Surveyor General is correct, he retained up to the
month of May 1859. There appears no reason to doubt that the Land in
dispute was previous to the Grant of 1849 in the possession of the
Fur Trade branch of the Hudsons Bay Co and was still in their
possession when the Buildings since occupied by the Government were
commenced in 1851. Whether the Company had then acquired such a
right to it as the Crown is bound to respect is the question to be
decided by the Judicial Committee of the Privy Council—but if that
decision should be in their favor the subsequent transactions could
not invalidate the Company's title. Governor Douglas, as has been
stated relies on an instruction from Sir J. Pelly in 1851, authorizing
him to resume for public purposes any Land reserved for the Fur
Trade or Puget Sound Co. But it cannot be maintained that such a
resumption could be effected on the mere authority of a general
instruction from the Governor of the Co not relating to this
particular land, without any formal Act or record, and without even
notice to the previous owners of the intention to resume, by the mere
fact of the erection of Government Buildings on the land. The single
ground as far as I can see, for assuming the Land to be a Government
Reserve, is Governor Douglas' assertion that he always so regarded
it—but even that assertion is inconsistent with the statement of his
views made by Mr Pemberton in the House of Assembly on the 17th May 1859, which was brought under his notice by the Duke of Newcastle's
despatch of 2nd Janry 1860, but to which he has never adverted in any of his despatches.

10. The conclusion then to which I come is, that this land stands
upon the same footing as the other land claimed by the Hudsons Bay Co
on the ground of occupation before the grant of 1849. The point is
one of importance, because on the decision as to the ownership of the
land depends the question as to the source from which the $27000
expended on the new Government Buildings is to be drawn. If the Land
belongs to the Crown the money will have been provided from Colonial
sources—but if to the Company the money will have been advanced
only by them and would have to be repaid, in the first instance at
least, from the Imperial Treasury. This, therefore, affords an
additional reason for bringing the matter before the Judicial Committee of the Privy Council with as little delay as possible, and
I would accordingly submit that in communicating to the Company (as I
presume it will be thought right to do) Governor Douglas' last
despatch, an opportunity should be taken of recalling to their
recollection Mr Merivale's letter of the 7th Febry 1860 and of
urging them to send in without delay the necessary statement of their
claims to Land in Vancouvers Island for reference to the Judicial
Committee.
*****



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FILE: 1861-03-15_Hamilton_to_Rogers_Permanent_Under-Secretary_B615TE06.txt
================================================================================

Hamilton to Rogers (Permanent Under-Secretary)

With reference to your letter of the 28th Ult. transmitting
a requisition for Articles required for the Assay Office in British Columbia, I am directed by the Lords Commissioners of Her Majestys
Treasury to acquaint you, for the information of the Duke of
Newcastle that Their Lordships see no objection to the Agents
General being authorized to procure the Articles mentioned in the
Requisition, the cost thereof to be considered as an advance to be
repaid from Colonial Funds.

Their Lordships presume that when the actual cost has been
ascertained it will be necessary to issue the amount to the Agents
General from the Grant for British Columbia.



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FILE: 1861-03-15_Wodehouse_to_Rogers_Permanent_Under-Secretary_V615FO03.txt
================================================================================

Wodehouse to Rogers (Permanent Under-Secretary)

I am directed by Lord John Russell to transmit to you a Copy of a
Note from the Belgian Minister at this Court, requesting the good
offices of Her Majesty's Government to enable him to procure certain
information relative to Monsieur Adolphe Lokeren, who is stated to be
a resident in Victoria, Vancouver's Island, British Columbia; and I
am to request that in laying this paper before The Duke of Newcastle
you will move His Grace to enable Lord John Russell to comply with
Monsieur Van De Weyer's request.



================================================================================
FILE: 1861-03-16_Douglas_to_Newcastle_B61021.txt
================================================================================

No. 21

I have the honor to acknowledge the receipt on this date
of your Grace's despatches of the numbers and dates noted on
the other side hereof.

*



================================================================================
FILE: 1861-03-16_Douglas_to_Newcastle_V61022.txt
================================================================================

No. 22

I have the honor to acknowledge the receipt upon this date of your
Grace's despatches of the numbers and dates noted on the other side
hereof.

*



================================================================================
FILE: 1861-03-16_Hamilton_to_Rogers_Permanent_Under-Secretary_B615TE07.txt
================================================================================

Hamilton to Rogers (Permanent Under-Secretary)

In reply to Mr Elliot's letter of the 6th Instant,
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 Naval Services the sum of £5,294.3.5
in repayment of the value of Stores supplied by the Admiralty in
1859 for the use of the Royal Engineers in British Columbia.



================================================================================
FILE: 1861-03-18_Romaine_to_Elliot_Assistant_Under-Secretary_B615AD03.txt
================================================================================

Romaine to Elliot (Assistant Under-Secretary)

With reference to your letter of the 5th Instant;
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 Report from the Deputy Adjutant General of Royal Marines on the subject of Extra pay to the Marines at Vancouvers Island, and the periods for which paid.



================================================================================
FILE: 1861-03-18_Romaine_to_Rogers_Permanent_Under-Secretary_B615AD04.txt
================================================================================

Romaine to Rogers (Permanent Under-Secretary)

The expenses specified on the other side hereof *
having been incurred by the Naval Department on account of the
Colonial Office for the services stated, I am commanded by
my Lords Commissioners of the Admiralty, to request that you
will move His Grace the Duke of Newcastle to cause repayment of the sum in question to be made to the credit of Naval
Services, through Her Majesty's Paymaster-General, who has
been authorized to receive the same.



================================================================================
FILE: 1861-03-18_Romaine_to_Under-Secretary_of_State_V615AD01.txt
================================================================================

Romaine to Under-Secretary of State

The person named on the other side hereof, having been entertained
on board Her Majesty's Gun Boat "Grappler" 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 the Duke of Newcastle to cause me to be informed,
whether the Expense of the Entertainment is to be borne by the
Public.



================================================================================
FILE: 1861-03-19_Murdoch_to_Elliot_Assistant_Under-Secretary_V615LN02.txt
================================================================================

Murdoch to Elliot (Assistant Under-Secretary)

I have to acknowledge your letter of 14th inst, enclosing a Despatch
from Governor Douglas, in which he points out the inconvenience of
the delay caused by the necessity of sending home all Deeds of Grant
in Vancouvers Island to have the Seal of the Hudsons Bay Co affixed
to them—and adverts further to the questions connected with the sale
of the Land in that Island on which the old Government buildings
stood.

2. In respect to the first point there is no doubt inconvenience in
the present arrangement, but it appears to be unavoidable. The
Hudsons Bay Co cannot of course part with the custody of their Seal,
and so long, therefore, as it is necessary to the validity of grants
that they should have that Seal affixed to them, they must be
transmitted to this Country for the purpose. The arrangement,
however, is temporary only, and it may be hoped not likely to
continue long. As soon as the pecuniary accounts between H.M.
Government and the Company are adjusted, and the Island is reconveyed
to the Crown, the usual more convenient system will no doubt be
brought into operation.

3. In respect to the second point there is nothing in Governor Douglas' despatch to require any modification of the report which I
submitted on the subject on the 14th instant. The governor urges
that no settlement of the Company's claim should be admitted which
would infringe upon the Reserves made for the public which are marked
on a Map enclosed in his despatch. Until the title of the Hudsons
Bay Co to Lands by reason of occupation previous to 1849 is decided,
no steps can be taken for the settlement of the questions respecting
this particular Land—but when a decision has been obtained on the
general question it would no doubt be advisable to consult the Local
Government before deciding on the final arrang=ementarrangement to be made with
the Company in regard to this plot of Land.



================================================================================
FILE: 1861-03-19_Newcastle_to_Douglas_B617071.txt
================================================================================

No. 71

I have the honor to acknowledge your Despatch No. 12 of the 7th
of January on the subject of the amounts of travelling allowance to be
granted to Colonel Moody and to the Officers of Royal Engineers while
absent from their fixed residence upon duties connected with their Civil
Services.
I have to instruct you that Colonel Moody should have the same
allowance as Principal Civil Servants in the Colony vizt: £1 per night,
and that the subordinate Officers should have the allowances of Civil
Servants in analogous portions viz. 15/ per night.

With respect to the question contained in your Despatch as to which
Officers are entitled to charge the cost of the travelling expenses of
their Servants, I have to state that no allowance for Servants is granted in this Country to Officers travelling on the Public Service,
and that none ought to be granted in British Columbia.



================================================================================
FILE: 1861-03-19_Romaine_to_Rogers_Permanent_Under-Secretary_B615AD05.txt
================================================================================

Romaine to Rogers (Permanent Under-Secretary)

The Person named on the other side hereof,

*

having been entertained on board Her Majesty's Gun Boat Grappler
on the occasions and between the dates stated against his name; I am commanded by My Lords Commissioners of the
Admiralty to request that you will move the Duke of
Newcastle to cause me to be informed, whether the expense of the Entertainment is to be borne by the Public.



================================================================================
FILE: 1861-03-21_Duncan_to_Newcastle_V616D01.txt
================================================================================

Duncan to Newcastle

I have the honour to transmit herewith for the consideration of your Grace a Petition to Her Majesty on behalf of
Mr John Copland of Yates Street in the town of
Victoria and Colony of Vancouver's Island,
with Certificates subjoined.



================================================================================
FILE: 1861-03-22_Berens_to_Newcastle_V615MI01.txt
================================================================================

Berens to Newcastle

Referring to the Correspondences which has already passed on the subject of the
advances made by this Company on account of the Island of Vancouver
and which are to be reimbursed to this Company on the Island being
reconveyed to Her Majesty, I have now the honour to transmit herewith
the further accounts in continuation of those which I had the honour
to transmit to the then Colonial Minister, under date the 4th
November 1858, terminating with a balance in favour of the Company of
£46,524:12:6. The subsequent accounts have been corrected by
charging one half only of the outlay in searching for Coal at Fort Rupert, as agreed with the Government, and after crediting all monies
received in the Colony on account of Government, and the £25,000
received on the 23rd February 1860, there remains a balance in favour
of the Company of £53,569:14:2.

I should, however, observe that in these accounts the expenditure
incurred by the Company in the erection of Offices &c for the
Government has been included. These Buildings have mainly been
erected on the Land claimed by this Company to be theirs irrespective
of the Grant from Her Majesty, and should the right of the Company to
that Land be confirmed, it will be optional with Her Majesty's
Government whether they will purchase the site of the Buildings in
question in that case paying of course for the expenditure. On the
other hand should the Company's right to the Land not be established,
the outlay will of course be properly charged to the Government.



================================================================================
FILE: 1861-03-22_Murdoch_to_Elliot_Assistant_Under-Secretary_B615LN02.txt
================================================================================

Murdoch to Elliot (Assistant Under-Secretary)

I have to acknowledge your letter of 14th instant,
enclosing a Despatch from the Governor of British Columbia,
on the subject of the arrangement to be made with the
Hudson's Bay Co for the settlement of their claims to
land in that Colony.

2. Governor Douglas suggests, that in any arrangement
that may be come to a proviso should be inserted, that if
any Land which has been alienated by the Government should
be adjudged to have been the property of the Co
compensation for it should be given by an equivalent in
Land elsewhere. I apprehend that the only question which will
be submitted to the Judicial Committee of the Privy Council
& on which they will give a decision, will be the legal
title of the Company to Land in British Columbia by reason of occupation or other circumstances—but that the question
as to the particular lands to which they may be entitled,
if any—and, if their Title is established, as to the
compensation to be given for any that may have been alienated,
will have to be settled subsequently between the Executive
Government and the Company. It would be impossible under
these circumstances to insert the proviso which Governor Douglas recommends—but he might be informed that the point will not be
lost sight of when the proper time arrives for considering it.



================================================================================
FILE: 1861-03-23_Booth_to_Under-Secretary_of_State_B615TA01.txt
================================================================================

Booth to Under-Secretary of State

I am directed by the Lords of the Committee of Privy
Council for Trade to acknowledge the receipt of your letter
of the 19th Instant transmitting, by the direction of
the Duke of Newcastle, a Copy of a Proclamation issued by the
Governor of British Columbia (No 23) "Customs Act Amendment
1860," and requesting their Lordships' opinion whether this
Proclamation may properly be allowed; and I am to request
that you will state to the Duke of Newcastle that My Lords
see no objection to the Proclamation.



================================================================================
FILE: 1861-03-23_Hamilton_to_Rogers_Permanent_Under-Secretary_B615TE08.txt
================================================================================

Hamilton to Rogers (Permanent Under-Secretary)

In reply to Mr Elliot's Letter of the 18th Instant,
I am commanded by the Lords Commissoners of Her Majesty's Treasury
to acquaint you that the Paymaster General has been authorized
to pay to Messrs Cox & Compy on behalf of Col Moody RE,
the sum of £300 being the amount due to that Officer for Salary
at the rate of £1,200 per Annum, for the Quarter ended 31st
December last, as Commissioner of Lands & Works in British Columbia.



================================================================================
FILE: 1861-03-23_Newcastle_to_Douglas_V617048.txt
================================================================================

No. 48

I transmit to you herewith a copy of a Note from the Belgian Minister at this Court requesting to be furnished with certain
information relative to M. Adolphe Sokeren [Lokeren] who is stated to be a resident in Victoria,
and I should be glad if you would make the necessary inquiries and report to me the result.



================================================================================
FILE: 1861-03-25_Douglas_to_Newcastle_B61022.txt
================================================================================

No. 22

I have the honor to acknowledge the receipt of the following
Blue Books:

"Part 2. Reports of the past and present state of Her
Majesty's Colonial Possession."

"Return of Colonial Governors."

and I have to return my thanks to your Grace for providing me
with those valuable sources of information.



================================================================================
FILE: 1861-03-25_Douglas_to_Newcastle_V61023.txt
================================================================================

No. 23

I have the honor to acknowledge the receipt of the following Blue
Books—

Part 2. Reports of the past and present state of Her Majestys
Colonial Possessions.

Return of Colonial Governors &c.

and I have to return my thanks to your Grace for providing me with
those valuable sources of information.



================================================================================
FILE: 1861-03-25_Douglas_to_Newcastle_V61024.txt
================================================================================

No. 24, Legislative

I have the honour of transmitting a Petition from the House of
Assembly of Vancouver Island to Your Grace, praying for the aid
of Her Majesty's Government in Extinguishing the Indian Title to
the public lands in this Colony; and setting forth, with much
force and truth, the evils that may arise from the neglect of
that very necessary precaution.

2. As the native Indian population of Vancouver Island have
distinct ideas of property in land, and mutually recognize their
several exclusive possessory rights in certain Districts, they
would not fail to regard the occupation of such portions of the
Colony by white settlers, unless with the full consent of the
proprietary Tribes, as national wrongs; and the sense of injury
might produce a feeling of irritation against the Settlers, and
perhaps disaffection to the Government, that would endanger the
peace of the Country.

3. Knowing their feelings on that subject, I made it a
practice, up to the Year 1859, to purchase the Native rights in
the land, in every case, prior to the settlement of any
District. But since that time in consequence of the termination
of the Hudson's Bay Company's Charter, and the want of funds, it
has not been in my power to continue it. Your Grace must indeed
be well aware that I have, since then, had the utmost difficulty
in raising money enough to defray the most indispensable wants
of Government.

4. All the settled Districts of the Colony, with the exception
of Cowitchen, Chemanis, and Barclay Sound, have been already

bought from the Indians, at a cost in no case exceeding £2:10/-
Sterling for each family. As the land has since then increased
in value, the expense would be relatively somewhat greater now,
but I think that their claims might be satisfied with a payment
of £3. to each family. So that taking the Native population of
those Districts at 1000 families, the sum of £3000 would meet
the whole charge.

5. It would be improper to conceal from Your Grace the
importance of carrying that vital measure into effect without
delay.

6. I will not occupy Your Grace's time by any attempt to
investigate the opinion expressed by the House of Assembly, as
to the liability of the Imperial Government for all expenses
connected with the purchase of the claims of the aborigines to
the public land, which simply amounts to this, that the expense
would in the first instance, be paid by the Imperial Government,
and charged to the account of proceeds arising from the Sales of
public land. The land itself would therefore be ultimately made
to bear the charge.

7. It is the practical question as to the means of raising the
money, that at this moment more seriously engages my attention.
The Colony being already severely taxed for the support of its
own Government, could not afford to pay that additional Sum; but
the difficulty may be surmounted by means of an advance from the
Imperial Government to the Extent of £3000, to be eventually
repaid out of the Colonial Land Fund.

8. I would in fact strongly recommend that course to Your
Grace's attention, as specially calculated to extricate the
Colony from existing difficulties, without putting the Mother
Country to serious expense; and I shall carefully attend to the
repayment of the sum advanced, in full, as soon as the Land Fund
recovers in some measure from the depression, caused by the
delay Her Majesty's Government has experienced in effecting a
final arrangement with the Hudsons Bay Company for the
reconveyance of the Colony; as there is little doubt when our
new system of finance comes fully into operation, that the
revenue will be fully adequate to the expenditure of the Colony.



================================================================================
FILE: 1861-03-25_Murdoch_to_Elliot_Assistant_Under-Secretary_B615LN03.txt
================================================================================

Murdoch to Elliot (Assistant Under-Secretary)

I have to acknowledge to Sir Frederic Rogers letter of
12th instant, enclosing a correspondance which had
passed between Mr Dallas the Agent of the Hudson's
Bay Co & Governor Douglas, on the subject of the
course adopted by the latter towards the Company in
British Columbia—together with a letter from the Governor
of the Hudsons Bay Co enclosing the copy of a rejoinder
made by Mr Dallas to the Governors explanation.

2. First, Mr Dallas complained that with the exception of one Lot, the Governor had sold the whole
frontage and available portion of the Company's reserve at
Yale, in the clearing of which and in compensation to the Indians they had incurred "considerable expense," that
a street had been run through a recently erected warehouse
belonging to the Company, and that they had been required
to remove it. The Governor answered that though a portion
of the Town of Yale had once been occupied by the Company
it had long been abandoned as a trading post—that it was
reoccupied in 1858 in consequence of the Gold discoveries—that
very little expense could ever have been incurred by
the Company in clearing the Land or in compensation to
the Indians—that in 1858 the land was overrun by adventurers whom it would have been impossible to remove by force, and
that it was necessary, in order to reduce this confusion
to order, to layout and sell the land in Lots—but that
strict orders were given to respect all land that could be
equitably claimed by the Company, and that no injustice
had been done to them as their land was marked on the
map as a "reserve" and continues to this day to be respected.
To this Mr Dallas rejoins by admitting that Yale had
been abandoned previous to 1858, but denies that in the
correspondence respecting its reoccupation any allusion was
made to the Gold discoveries (which is not asserted).

He also admits that the expense of clearing the land &
compensating the Indians was inconsiderable, not exceeding
£75 and that it would have been impossible, and unwise
if possible, to remove the first trespassers by force. But
he complains that provisional titles have been given to
the present occupants and that whatever orders may have
been issued the available land occupied by the Company
has been sold. To the statement that no injustice had
been done to the Company he gives an "entire and unqualified
contradiction," the portion of land marked as "Reserve"
having been occupied by the Company only as an outrun
for horses and being of little value.

3. Upon this subject then the only point of difference
between the Governor and Mr Dallas is, as will be seen, the extent to which land claimed by the Company has been
sold to other persons. On that point the statements of the
two are contradictory and the present papers do not afford
the means of deciding which is right. Judging from the
extent to which Mr Dallas is forced to acknowledge his
first representation to be incorrect, I should infer that the
Governors statement on this point also is most to be relied
on. But the matter appears to me practically of little
importance. Both agree that the land had been abandoned
for some time before 1858 and was only reoccupied in the
spring of that year. The Company's title could only date
from the period of reoccupation and is in fact, therefore,
no title at all. Assuming the circumstances to be as they
appear from these papers, I do not see that the Governor
was bound to reserve any portion of the land claimed by the
Company, or consequently, that they have any ground of
complaint by reason of its sale to others. This point will
no doubt be raised in the proceedings respecting the
Company's title before the Judicial Committee.

4. Second, in regard to encroachments at old Langley
or Derby of which also Mr Dallas complained, the Governor
states that the site of that Town had for years been abandoned
by the Hudsons Bay Co and a portion, if not the whole,
was in the possession of Squatters, but that he nevertheless
reserved 9 Acres which were claimed by the Company, and that
they remain still untouched by the Government. Mr Dallas
admits that Old Langley had been abandoned by the Company,
but alleges that a Salmon Store and Wharf the property of
the Company were sold to Strangers. He further complains
that on the subsequent abandonment of the Town, an equivalent
in Town Lots in New Westminster was given to other holders,
"a boon not granted to the Company." It could scarcely
have escaped Mr Dallas that the "other holders" had paid
for their Lots at Old Langley and were, therefore, entitled
when the Seat of Government was removed to equivalent lots
in the new capital. The Hudson's Bay Co had paid nothing
for their lots and had therefore no claim to a similar
exchange. On this point the Compy have clearly no
ground of complaint against the Governor.

5. Thirdly, Mr Dallas complains of the delay in
settling "the long overdue accounts" of the Company against
the Colony, and of the illiberal spirit in which they have been
scrutinized. At the end of his letter he adds a statement
of these outstanding accounts amounting to $4467.87 or somewhat
less than £900. The Governor in answer points out that
the Colony has actually paid to the Company since its creation
no less than £60,000 and that the Company have received
upwards of £5000 as commission on monies received and paid
by them for the Government. Of the above sum of $4467 he shows
that the only old debt is $994 of which $450 is inherently
doubtful—while of the remainder $2375 or more than two thirds
are merely constructive and conjectural charges. Mr Dallas
rejoins by a statement of the Costs incurred by the Company
in consequence of the assistance which as the first establishment
of the Colony they afforded to the Government and the claim they
thereby acquired in its consideration, matters which have clearly
nothing to do with the question whether the Local Government are
chargeable with unnecessary and unreasonable delay in paying
their debts to the Company. He does not deny that as stated
by Mr Douglas $2375 out of $3473 of new charge are merely a
conjectural estimate. On this head the Governors explanation is
conclusive and is not touched by Mr Dallas' rejoinder.

6. Lastly Mr Dallas complained that the license of
Trade fee of £5 had been enforced on the individual shareholders
of the Company and that "against this grievance our Agent in Yale
has in vain appealed to your Excellency and to the Resident
Magistrate." The Governor answers that immediately the matter
was brought to his notice the Resident Magistrate was directed
to refund the money. Mr Dallas rejoins that it was only after
repeated & fruitless applications to the Magistrate at Yale
that he brought the matter to the notice of the Governor. But
he does not repeat the statement which forms the gravamen of
the charge that the Agent had appealed in vain to the Governor.

7. Upon the whole it appears to me that the completeness
of Governor Douglas' answer to Mr Dallas' first complaint
is in no degree shaken by Mr Dallas rejoinder—but is rather
confirmed by it. The admissions which Mr Dallas is compelled
to make, prove the exaggeration of his first representation,
while the tone of his letters which contrasts unfavorably with the Governor's answer appears to show the animus by which he
has been inspired. It is fortunate under these circumstances
that the management of the Hudson's Bay Co affairs has
passed from Mr Dallas' hands—a continued antagonism
between the Governor & the Manager of the Hudson's Bay Co
could not fail in so small a Society to be seriously injurious
and inconvenient.

8. I would submit that Governor Douglas should be
informed that the explanation contained in his letter of 5th
December of the matters in dispute between himself and the Agent
of the Hudsons Bay Co is satisfactory, and that the rejoinder
made by Mr Dallas on 13th Decr of which a copy has
been received from the Hudsons Bay Co, does not appear to
require any further notice from him.



================================================================================
FILE: 1861-03-26_Douglas_to_Newcastle_B61023.txt
================================================================================

No. 23

I have the honor to acknowledge the receipt upon this
date of your Grace's despatches of the numbers and dates noted
on the other side hereof.*



================================================================================
FILE: 1861-03-26_Douglas_to_Newcastle_B61023SP.txt
================================================================================

Secret, Separate

I have the honor to acknowledge receipt of your Despatch
marked Secret of the 16th January last, indicating the course
which Her Majesty's Government wish should be pursued in regard
to persons or shipping belonging to any of the States which may
have seceded from the federation of the United States of North America, should any such come within the limits of my Government;
and I beg to assure Your Grace that your instructions in this
particular shall be most carefully attended to.



================================================================================
FILE: 1861-03-26_Douglas_to_Newcastle_V61025.txt
================================================================================

No. 25

I have the honor to acknowledge the receipt upon this date of your
Grace's despatches of the numbers and dates noted on the other side
hereof.

*



================================================================================
FILE: 1861-03-26_Douglas_to_Newcastle_V61025SC.txt
================================================================================

Secret, Separate

I have the honor to acknowledge the receipt of your despatch marked
Secret of the 16th January last, indicating the course which Her Majesty's Government wish should be pursued in regard to persons or shipping belonging to any of the States which may have seceded from
the federation of the United States of North America, should any such
come within the limits of my Government, and I beg to assure your
Grace that your instructions in this particular shall be most
carefully attended to.



================================================================================
FILE: 1861-03-26_Newcastle_to_Douglas_B617072.txt
================================================================================

No. 72

I have to acquaint you that a claim has been received from the
Admiralty for repayment of the cost of the entertainment of the Bishop
of British Columbia, on board Her Majesty's Gun Boat
"Grappler" in
October last amounting to £35.7.0.

This charge is one which should be defrayed from the Colonial
Revenues and in the absence of any funds in this Country belonging to
British Columbia, I have requested the Lords Commissioners of the
Treasury to repay the Admiralty out of the Parliamentary Grant for the
Colony. A diminution to the extent of £35.7.0 is thus occasioned in the
amount of the Grant available for the general service of British Columbia.



================================================================================
FILE: 1861-03-27_Hamilton_to_Rogers_Permanent_Under-Secretary_B615TE09.txt
================================================================================

Hamilton to Rogers (Permanent Under-Secretary)

In reply to your letter of the 19 Inst, I am directed by the
Lords Commissioners of Her Majestys Treasury to acquaint you for
the information of the Duke of Newcastle that under the circumstances
represented by the Governor of British Columbia Their Lordships
are of opinion that the proceedings taken by him, for raising
money for the construction of Roads, may be approved, and that the
Proclamations—No 1 Spuzzem Road Bonds Act 1860; and No 2
Shimilkomeen Road Bonds Act 1860, may be sanctioned; Their
Lordships see no objection to the Proclamation No 3 Customs
Amendment Act 1860.



================================================================================
FILE: 1861-03-30_Hammond_to_Rogers_Permanent_Under-Secretary_V615FO04.txt
================================================================================

Hammond to Rogers (Permanent Under-Secretary)

I have laid before Lord John Russell your letter of the 19th
Instant, inclosing a Copy of a Despatch from the Governor of British Columbia respecting the proposed substitution of Military for Civil
Jurisdiction in San Juan, and I am to state to you, in reply, for the
information of the Duke of Newcastle, that Lord John Russell concurs
in the recommendation that the Civil Magistrate at present stationed
in the Island should be withdrawn.



================================================================================
FILE: 1861-03-30_Murdoch_to_Elliot_Assistant_Under-Secretary_V615LN03.txt
================================================================================

Murdoch to Elliot (Assistant Under-Secretary)

I have to acknowledge your letter of 26th instant inclosing one from
the Governor of the Hudsons Bay Co with the accounts of the
expenditure of the Company at Vancouvers Island and desiring us to
state whether the remarks in this letter respecting the mode of
charging the cost of the new Government Buildings in that Island
suggest any alteration in our report on the subject of 14th inst.

2. The conclusion stated in that report was that the question as to
the ownership of the Land by the sale of which the new Government
buildings had been constructed, and consequently whether the money
expended on those buildings was to be regarded as public money or as
an advance from the Company, must depend on the decision of the
Judicial Committee of the Privy Council as to the Company's right to
land by reason of occupancy previous to 1849, and that this was an
additional reason for desiring to obtain the decision of that
Tribunal at an early date. Mr Beren's letter merely points out that
the land on which the new Buildings have been erected, as well as that
by the sale of which the money for their erection was obtained, is a
portion of the Land claimed by the Company. This fact was adverted
to in the previous correspondence. It appears to require no
modification of the suggestion in the report from this Board of the
14th inst as to the course to be taken in the matter.

3. The accounts enclosed in Mr Berens' letter are in continuation
of those received from the Company in February 1858, and continue the
statement of the receipts and expenditure of the Company as
representing the Crown in Vancouvers Island to the close of 1860.
They will be subjected to such examination as the means at our
command will allow, and I shall have the honor hereafter to submit a
report upon them for the information of the Duke of Newcastle.



================================================================================
FILE: 1861-03-30_Sargent_to_Elliot_Assistant_Under-Secretary_B615MI06.txt
================================================================================

Sargent to Elliot (Assistant Under-Secretary)

There is an arrear of assessed Taxes amounting to
£3.12s, due from G.H. Cary, Esqre Attorney General in
British Columbia, in respect of an assessment made upon him
for the year 1858-59 as follows:

£ s d

2nd half years Inhabited House duty

at No 12 Elm Tree Road, Marylebone £ 15.9

Whole years house duty at No 7

New Square, Lincoln's Inn £ 2.16.3

£ 3.12.0

The Board have addressed two letters to Mr Cary
for payment of the arrears in question, to which no reply
has been received.

As the outstanding of these arrears occassions much
inconvenience to this office by keeping open the accounts of
the District in which they are due, the Board have directed
me to bring the circumstance under the notice of the Secretary
of State for the Colonies, with a view to such steps being
taken as may be thought most desirable to obtain a settlement
of the Crown's claim.



================================================================================
FILE: 1861-03-31_Newcastle_to_Douglas_V617049.txt
================================================================================

No. 49

I transmit to you a copy of a letter from the Admiralty relative
to the entertainment afforded to Captain Edward Stamp on board Her Majesty's Ship "Grappler" in the month of October last, and I have to
request that you will furnish me with any information which you may be
able to supply on the subject.



================================================================================
FILE: 1861-03-31_Newcastle_to_Douglas_V617050.txt
================================================================================

No. 50

I have the honor to transmit to you a copy of a Petition to the Queen from Mr. John Copland
praying, for the reasons therein stated, that he may be admitted as an attorney and solicitor of the
Supreme Court of Vancouver Island.

I have to request that you will refer this Memorial to the Chief Justice for any observations which he may
have to offer upon it, and that you will furnish me with a report upon the subject.



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FILE: 1861-04-02_Berens_to_Newcastle_B615MI07.txt
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Berens to Newcastle

With reference to Mr Fortescue's letter of the 15th
February on the subject of the encroachments of Governor Douglas on the property of the Hudson's Bay Company in British Columbia, and the reply which I had the honour of addressing to
your Grace on the 1st March, I beg now to transmit an Extract
of a letter from Mr Dallas to the Secretary of this Company which has since been received, and in which he adduced fresh proofs in opposition to Governor Douglas's assertion that "no just and efficient grounds exist for the complaints made by Mr Dallas."



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FILE: 1861-04-02_Hamilton_to_Rogers_Permanent_Under-Secretary_V615TE02.txt
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Hamilton to Rogers (Permanent Under-Secretary)

With reference to your letter of the 27th February last,
transmitting copy of a Despatch from the Governor of Vancouvers Island enclosing
Bill of Exchange for £1000 on account of Troops occupying San Juan, I
am directed by the Lords Commissioners of Her Majestys Treasury to
request that you will state to the Duke of Newcastle that the sum of
£1000 mentioned in the Despatch from the Governor of Vancouvers Island No 48 of 14 November last is stated to be required for extra
pay of Marines at San Juan and appears to have no reference to
the similar amount reported in the Despatch No 43 of 8 October
enclosed in your letter of the 8th December last—the latter having
been applied for on account of the erection of Temporary Barracks at
San Juan.

I am directed to enclose herewith copy of a letter from the War
Office of 1 January and of the reply thereto of [11] January relating to

the Barracks, and I am to request that you will move the [His]
Grace to inform My Lords whether any arrangement has been made in
regard to the Funds from which the extra pay of the Marines is to be
defrayed.



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FILE: 1861-04-04_Douglas_to_Newcastle_V61026.txt
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No. 26

It is incumbent upon me to bring to the especial notice of your Grace
the very unsatisfactory condition of the Mail Service as now existing
between California and this place.

2. As Your Grace is no doubt aware, the arrangements between Great
Britain and the United States for the conveyance of letters to this
Colony and to that of British Columbia do not extend beyond the
American Territory, and from that point to this we have for years
past been dependent upon chance opportunities for the carriage of our
Mails.

3. Since the discovery of gold in 1858 the vessels of the Pacific
Mail Steam Ship Company have found it to their interest to call at
Vancouvers Island, en route with the United States Mails between San
Francisco and Puget Sound, and through the courtesy of the Postmaster
of San Francisco all mail matter for these Colonies has been placed
in separate bags, and the Captains of the Steamers have most kindly
taken charge of them and have invariably delivered them with the
greatest care and punctuality. They have also taken charge of our
return Bags, and the service although gratuitous has been performed
with every care and attention, and but little cause for complaint
existed.

4. Within the last two or three months however, this system has been
completely disarranged. The Ocean Mail Service of the United States
has been discontinued. The Mails from New York are conveyed across
the Rocky Mountains to California and an overland route to Puget
Sound has been substituted for the former direct sea communication
with San Francisco. The letters for these Colonies in consequence
arrive at most uncertain intervals. Sometimes a Mail from San Francisco is received by a Sailing Ship, sometimes by a chance Steam Ship, but more generally they reach here weekly in a Steamer from
Puget Sound, and by this conveyance letters are frequently delivered
in a most delapidated

condition, and in fact there is no doubt that
many are lost, as regular correspondence has now become exceedingly
intermittent.

5. So serious is the evil that the merchants of Victoria recently
met and pledged themselves to subscribe Four Hundred Pounds (£400) a
month for the next six months, if the Government
would guarantee a like amount, to subsidize a British Steam Vessel to
run twice a month between this place and San Francisco. Nothing
however has as yet resulted from this movement, there is no British
Steam Vessel available, and our slender Revenue would not bear the
heavy call thus made upon it.

6. In this unfortunate juncture I am compelled to apply to your
Grace with the hope that Her Majestys Government may extend the same
assistance to us that is granted to most other Colonies, by voting a
sum of money as a Mail subsidy.

7. There is a large trade between this place and San Francisco, and
I do not suppose there would be any difficulty in establishing a line
of British Steamers to run between these Colonies and San Francisco,
at least, if not to Panama, provided Her Majestys Government would
afford a reasonable subsidy for the service of carrying the Mails.

8. In the mean time so entirely are we at the mercy of the United
States functionaries that I am at a loss what to do to ameliorate the
evil. The only expedient open to me is to request Her Majestys
Consul at San Francisco to use his influence to obtain upon the
arrival of every Mail all the Vancouvers Island and British Columbia
Mail matter from the Post office, and to retain it in his possession
until an opportunity occurs from forwarding it direct by water to
Victoria. I fear however that even this will scarcely effect a
change for notwithstanding the arrangement which Your Grace
communicated to me in Your despatch No 13 of August 1859 that all
correspondence would be forwarded in closed bags to the Consul at San Francisco, it is very evident that scarcely any of the correspondence
for these Colonies can pass through his hands.



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FILE: 1861-04-05_Booth_to_Under-Secretary_of_State_V615TA02.txt
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Booth to Under-Secretary of State

I am directed by the Lords of the Committee of Privy Council for
Trade to acknowledge the receipt of your letter of the 23rd Ulto
transmitting, by the desire of the Duke of Newcastle, for the
consideration of the Lords of this Committee, a copy of a Despatch
from the Governor of Vancouver Island and of an Act passed by the
Legislature of that Colony, but reserved by the Governor for the
approval of Her Majesty's Government, entitled "the Victoria Harbour
Act 1860", and, in reply, I am to request that you will state to the
Duke of Newcastle that my Lords see no objection to the fees which it
is contemplated to impose under this Act upon Vessels entering and
leaving the Port of Victoria.



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FILE: 1861-04-05_Newcastle_to_Douglas_V617051.txt
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No. 51

I have to acknowledge the receipt of your Despatch N. 8 of the
26th of January last, and to approve the selection you have made of Mr. Cary to fill the office of Attorney General of Van Couver Island.

The usual Warrant of appointment will be forwarded to you as soon
as the necessary forms can be completed.

I trust I shall be able to notify you at an early state the
appointment of a Successor to Mr. Cary as Attorney General of British Columbia.



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FILE: 1861-04-07_Newcastle_to_Douglas_V617052.txt
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No. 52

I transmit to you a copy of a letter from the Board of Inland
Revenue relative to an arrear of assessed taxes due from Mr. G. H. Cary Attorney General for VanCouver Island, and I have to request that you will communicate this letter to Mr. Cary with a view to his making arrangements for the settlement of the claim.



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FILE: 1861-04-09_Newcastle_to_Douglas_V617053.txt
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No. 53

I have to acknowledge the receipt of your Despatch No. 2 of the 7th of January last, and to acquaint you that Her Majesty's Government approve of the withdrawal of the Civil Magistrate from the Island of San Juan as recommended by you.



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FILE: 1861-04-10_Hamilton_to_Rogers_Permanent_Under-Secretary_B615TE10.txt
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Hamilton to Rogers (Permanent Under-Secretary)

In reply to Mr Elliot's Letter of the 30th Ulto,
I am commanded by the Lords Commissoners of Her Majesty's Treasury
to acquaint you that the Paymaster General has been authorized to
pay to the credit of Naval Services the sum of £35.7.0 in
repayment of the Expenses incurred by the Admiralty on the occasion
of the entertainment of the Bishop of British Columbia on board the Gun
Boat "Grappler" in October last.



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FILE: 1861-04-11_Newcastle_to_Douglas_B617073.txt
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No. 73

I have to acknowledge the receipt of your despatch No. 3 of the
11th of January on the subject of the reference to the Judicial Committee of the title of the Hudsons Bay Company to the lands claimed by them in British Columbia.
Your recommendation as to the mode in which the Company should be compensated for any Land alienated by the Government, which may be adjudged to have been the property of the Company will not be lost sight of when the proper time arrives for considering it.



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FILE: 1861-04-13_Newcastle_to_Douglas_B617074.txt
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No. 74

I have the honor to acknowledge the receipt of your despatch No. 7
of the 26th of January transmitting an approximate statement of the
Revenue and expenditure of British Columbia.

I am glad to receive so favorable an account of the progress of the
Revenue of the Colony.



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FILE: 1861-04-14_Douglas_to_Newcastle_B61024.txt
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No. 24

I have the honor to acknowledge the receipt upon this
date of Your Grace's despatches of the numbers and dates
noted on the other side hereof.*



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FILE: 1861-04-14_Douglas_to_Newcastle_V61027.txt
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No. 27

I have the honor to acknowledge the receipt on this date, of your
Grace's despatches of the numbers and dates noted on the other side
hereof.

*



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FILE: 1861-04-15_Douglas_to_Newcastle_B61025.txt
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No. 25, Financial

I have the honor to inform your Grace that the total value
of all articles imported into British Columbia for the Quarter ending 31st March has been 248,000 Dollars. For the
corresponding Quarter of the year 1860 it was 215,625 Dollars, shewing an increase in the present year of 32,375 Dollars.

2. I have also the honor of enclosing for your Grace's
information a comparative statement of Customs Revenue collected
at New Westminster for the Quarter ending on the 31st day of
March 1860 and 1861 respectively, shewing an increase on the latter Quarter of £967; and I have further to inform your
Grace that there has been a marked increase of trade in British Columbia since the beginning of the present month.



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FILE: 1861-04-15_Forbes_to_Newcastle_V616F02.txt
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Forbes to Newcastle

I shall feel greatly obliged for the answer to the letter that I
did myself the honor to address to your Grace on the 13th Ulto
respecting a free grant of Land for myself and two Sons to be
forwarded to this place.



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FILE: 1861-04-15_Newcastle_to_Douglas_V617054.txt
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No. 54

I have the honor to acknowledge the receipt of your despatch No. 6
of the 10th of January last, in reference to the arrangements connected
with the resumption of Vancouver Island by Her Majesty's Government.

There is no doubt that inconvenience and delay must be occasioned
by the system to which you refer of sending to England all deeds of
grants of Land in Vancouver Island, in order that the seal of the Hudsons Bay Company may be affixed to them, but this appears to be
unavoidable, so long as it is necessary to the validity of the grants
that they should bear that seal. The arrangement however is temporary
only and will, I trust, shortly be discontinued. As soon as the
pecuniary accounts between H. M's Government and the Company are
adjusted and the Island is reconveyed to the Crown, the usual more
convenient system will no doubt be brought into operation.

With regard to the recommendation contained in your despatch on the
settlement of the Company's claim to Land around Fort Victoria, I have
to inform you that until the title of the Hudson's Bay Company to Lands
by reason of occupation prior to 1849 is decided no steps can be taken
for the settlement of the questions respecting this particular Land but
that when a decision has been obtained on the general question the
local Government will be consulted before deciding on the final
arrangements to be made with the Company in regard to the disposal of
the ground in the vicinity of Victoria.



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FILE: 1861-04-17_Douglas_to_Newcastle_B61026.txt
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No. 26, Miscellaneous

I have the honor to acquaint Your Grace that I have drawn
on Her Majesty's Paymaster General for the sum of Four Hundred
and Thirty one Pounds, and Five Shillings (£431.5.0), being the amount
of Salary due to me as Governor, from the 1st of January to the 31st of March 1861, at the rate of £1800 per annum, Income
Tax deducted, and I have to request Your Grace will be pleased
to obtain the necessary authority from the Lords Commissioners
of the Treasury, for the Bill presented on this account to be
paid when it becomes due.



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FILE: 1861-04-17_Ffennell_to_Fortescue_Parliamentary_Under-Secretary_B616F02.txt
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Ffennell to Fortescue (Parliamentary Under-Secretary)

Your letter of the 27th of March addressed to me here with
reference to the Fisheries of British Columbia, was not duly
forwarded, I have been back and forward to Ireland and thus the
delay in replying to it has occurred.

I would beg to refer to the following documents for the
information of his Grace the Duke of Newcastle—
Fishery Acts, Upper and Lower Canada, Printed in Quebec by Queens Printer.

Report of Commissioners of Crown Lands of Canada for 1857.

Ditto ......................................................... 1858.

Ditto ......................................................... 1859.

(I have not yet seen Report 1860.)

These reports contain much valuable information with respect
to the Laws enacted for the protection of the Fisheries of Canada,
the state the fisheries had fallen into, and the means now in
operation for their regulation.

I believe the Salmon Fisheries of British Columbia far exceed
in extent and capabilities those of Canada, and that it would be
highly expedient to place them under a system of State Regulation before abuses Creep in, with the view of inducing private enterprise embarking in their Commercial development and at the same time guarding against the establishment of abuses and unproductive practices, which must tend ultimately to diminish materially if not totally to destroy a great natural source of Wealth.

The state of the Canadian Salmon Fisheries appears to furnish
an example fully supporting this view of the Question.



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FILE: 1861-04-17_Newcastle_to_Douglas_B617075.txt
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No. 75

I have to acknowledge the receipt of your despatch No. 102 of the
6th of December enclosing copies of a correspondence with Mr Dallas, the Hudson's Bay Company's Agent at Victoria, relative to the affairs and position of the Company in connection with the Colony of British Columbia.

The explanation contained in your letter to
Mr Dallas of the 5th
of December of the matters in dispute is satisfactory and his rejoinder (dated the 13th of December) of which a copy has been received from the Hudsons Bay Company does not appear to require any further notice from you.



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FILE: 1861-04-19_Newcastle_to_Douglas_V617054A.txt
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Separate

With reference to your Despatch No. 8 of the 26th of January last,
I herewith transmit to you, the Queen's Warrant for the appointment of
Mr. George Hunter Cary to be Attorney General for the Island of Vancouver and I have to instruct you to remit to Mr. Gordon Gairdner
the Chief Clerk of my office the sum of £1-10-0 in repayment of the
Stamp Duty due on this Warrant.



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FILE: 1861-04-22_Douglas_to_Newcastle_B61026SP.txt
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Separate

I have the honor to forward the accompanying Memorial to
Your Grace, at the request of Mr J.A.R. Homer and seven
other persons, professedly Delegates representing the towns
of Hope, Douglas, and New Westminster, at a series of political
meetings lately held at the latter place.

2. This movement, so far as I have been able to gather,
originated with a very few persons; and its chief object was
stated to be the attainment of Representative Institutions;
a topic necessarily popular, and which was used on this occasion
to excite the public mind and induce the inhabitants of New Westminster, Douglas, and Hope, the three towns nearest to the
Coast, to elect Delegates to serve in what was termed a Convention
ostensibly for the purpose of acting as a Council of Advice to
the Governor, of correcting abuses, and of obtaining Representative
Institutions.

3. When and how the elections were conducted at Hope and
Douglas, has not been alluded to in the quarterly reports received
from the Magistrates of those Towns; and must therefore, I presume,
have attracted little or no attention; but the proceedings of
the New Westminster election are described in the enclosed cuttings
from the "New Westminster Times"—the Editor of that paper was
one of the leaders of the movement, and a disappointed candidate
for the honors of election; consequently his strictures may be
embittered by defeat, and should be received with some allowance.

4. As the meeting was conducted with perfect order and good
humour, no official notice was taken of the proceedings, other
than would have been given to any public exhibition got up for
the amusement of the people. The Memorial to Your Grace, now
forwarded, is, I believe, the only result of the movement; the
Delegates having since dispersed and returned to their homes.

5. On the one single occasion when they sought a personal
interview with me, I declined receiving them as representatives
of the inhabitants of British Columbia; but I had no hesitation
in meeting them, with all courtesy, as a deputation of Her
Majesty's Subjects from Douglas, Hope, and New Westminster,
assembled for the purpose of petitioning the Crown.

6. They did not favour me with their opinion on public affairs,
but judging from the pointed reflections upon the whole system of
import and inland duties levied on goods in British Columbia, which
the memorial regards as oppressive to the people, the one favourite
financial idea evolved, is, that there should be a general
reduction of taxation. They do not pretend to proportion expenses
to income, but propose to carry on the public works requisite for
the development of the Colony, by means of public loans; their
object being to obtain present exemption from taxation by throwing
a part of the current expenditure upon the future inhabitants of
the Colony—a measure which is not without a show of justice, and
has therefore many zealous advocates, especially among the temporary
population of the Colony.

7. Having by these preliminary remarks given Your Grace some
idea of the origin, and object, so far as in known, of this
movement, I shall now proceed to a review of the Memorial.

8. The first prayer of the petitioners is for a resident
Governor in British Columbia, entirely unconnected with Vancouver Island. Your Grace will perhaps pardon me for not hazarding any
observation on a subject that so nearly concerns my own official
position. I may however, at least remark that I have spared no
exertion to promote the true interests of both Colonies; and
am not conscious of having neglected any opportunity of adding
to their prosperity. The Memorial then proceeds to the subject
of Representative Institutions, asking for a form of Government
similar to that existing in Australia, and the Eastern British
North American Provinces. This application should perhaps be
considered more with reference to the future well-being of the
Colony, than to the views and wishes of the existing population.
Without pretending to question the talent and experience of the
petitioners, or their capacity for legislation and self-government,
I am decidedly of opinion that there is not as yet a sufficient
basis of population or property in the Colony to constitute a
sound system of representative government. The British element
is small; and there is absolutely neither a manufacturing nor
farming class; there are no landed proprietors except holders of
building-lots in towns; no producers except miners; and the
general population is essentially migratory: the only fixed
population, apart from New Westminster, being the Traders,
settled in several inland towns from which the Miners obtain
their supplies. It would I conceive, be unwise to commit the
work of legislation to persons so situated, having nothing at
stake, and no real vested interest in the Colony. Such a course,
it is hardly unfair to say, could scarcely be expected to promote
either the happiness of the people, or the prosperity of the
Colony; and it would unquestionably be setting up a power that
might materially hinder and embarrass the Government in the
great work of developing the resources of the Country: a power
not representing large bodies of landed proprietors, nor of
responsible settlers having their homes, their property, their
sympathies and their dearest interests irrevocably identified
with the Country, but—from the fact before stated of there being
no fixed population except in the Towns—a power exclusively
representing the population of those Towns. Judging from the
ordinary motives which influence men, it may be assumed that
local interests would weigh more with a legislature so formed,
than the advancement of the great and permanent interests of the
Country.

9. I have reason to believe that the Memorial does not
express the sentiments of the great body of the people of British
Columbia: not that I would for a moment assume that Englishmen
are, under any circumstances, unmindful of their political
birth-right; but I believe that a majority of the reflective and
working classes would, for many reasons, infinitely prefer the
Government of the Queen, as now established, to the
rule of a party; and would think it prudent to postpone the
establishment
of Representative Institutions until the permanent population of
the Colony is greatly increased, and capable by moral influence
of maintaining the peace of the Country, and making Representative
Institutions, a blessing and a reality, and not a by-word and a
curse.

10. The total population of British origin, and from the
Colonies in North America, in the three towns supposed to be
represented by the Memorialists, is as follows:

New Westminster..........164 Male adults

Hope.....................108 Do

Douglas...................33 Do

In all...................305

which, supposing perfectB
unaminity in their views respecting Representative Institutions,
is a mere fraction of the population. Neither the people of Yale,
Lytton, Cayoosh, Rock Creek, Alexandria, nor Shimilkomeen appear
to have taken any interest in the proceeding, or to have joined
the movement party.

11. From the satisfactory working of the New Westminster
Town Council, established last summer with large powers for
Municipal purposes, I entertained the idea of enlarging the
sphere of their operations, and of constituting similar bodies
at Hope, Yale, Cayoosh, and all other towns in British Columbia,
with the view, should it meet the approval of Her Majesty's
Government, of ultimately developing the whole system into a
House of Assembly. Part of that scheme has already been commenced
at Yale and Hope. The Government may by that means call into
exercise the sagacity and local knowledge of practical men, and
acquire valuable information on all local matters; thus reaping
one of the advantages of a legislative assembly, without the
risks: and I still think the Colony may, for some time to come,
be efficiently represented in that manner.

12. The existing causes of dissatisfaction as alleged in the
Memorial may be classed under the following heads;

1st That the Governor, Colonial Secretary, and Attorney
General, do not reside permanently in British Columbia.

2nd That the taxes on goods are excessive as compared
with the population, and in part levied on Boatmen, who derive
no benefit from them: and that there is no land-tax.

3rd That the progress of Victoria is stimulated at the
expense of British Columbia, and that no encouragement is given to
Ship-building, or to the foreign trade of the Colony.

4th That money has been most injudiciously squandered on
public works; and contracts for roads given without any
public notice, which have been subsequently sub-let by the
Contractors at much lower rates.

5th The faulty administration of public lands: and that
lands have been declared public reserves, which have been afterwards
claimed by parties connected with the Colonial Government.

6th The want of a Registry Office for the record of
transfers and mortgages.

13. The first complaint—the Governor, Colonial Secretary, and
Attorney General, not residing permanently in British Columbia,
scarcely requires comment from me. Your Grace is aware that I
have a divided duty to perform, and that if, under the present
circumstances of the Colony, the Colonial Secretary, and Attorney
General resided permanently in British Columbia, their offices
would be little less than a sinecure;

*

the public service would
be retarded, and a real and just ground for complaint would exist.
Although the Treasury is now established at New Westminster, and
the Treasurer resides permanently there, I have no hesitation in
saying that it would be far more for the benefit of the public
service if that Department were still at Victoria.

14. The complaint of over-taxation is not peculiar to British Columbia, but whether it is well founded or not, may perhaps be
best inferred from the example of other countries. Judging by
that estimate, the people of British Columbia have certainly no
reason to complain of their public burthens—for the United States'
tariff, which is rigourously enforced in the neighbouring Ports of
Washington Territory, averages 25 per cent on all foreign goods,
spirits and other articles of luxury, on which a much higher rate
of duty is charged, excepted. The citizen of Washington Territory has also to pay the Assessed, Road, and School Taxes, levied by
the Territorial Legislature. In contrast with those taxes, the
import duty levied in British Columbia is only 10 per cent, with
a similar exception of spirits, and a few articles of luxury, which
pay a higher duty: while all other taxes levied in the Colony are
also proportionably as light, compared with those of Washington Territory. I might further state as a peculiar advantage, that
two-thirds of the taxes raised in British Columbia, have been
expended in making roads, and other useful public works, which
have produced a reduction of not less than 100 per cent on the
cost of transport, and nearly as great a saving in the cost of
all the necessaries of life; so that while the communications
are being rapidly improved, the people are, at the same time,
really reaping from those works, substantial benefits, more than
compensating the outlay.

15. With respect to the complaint about the Boatmen, they had
no claim whatever to be exempted from the operation of the law
imposing a duty indiscriminately on all goods passing upwards from
Yale, neither did the duty bear at all upon them, as they were
merely carriers, and not the owners of the goods; the real question
at issue was whether the inland duty should be charged on goods
carried from Yale by water as well as by land, and was nothing
more than a scheme concerted by the owners of the goods to benefit
themselves at the expense of the public revenue.

16. And here I would beg to correct an error in the Memorial
with respect to the population of British Columbia, which is therein
given at 7,000—exclusive of Indians—making an average annual rate
of taxation of £7.10/ per Head. The actual population, Chinamen
included, is about 10,000, besides a native Indian population
exceeding 20,000, making a total of 30,000, which reduces the
taxation to about £2 per Head, instead of the rate given in the
Memorial. It must be remembered that all the white population
are adults, and tax-paying; there being no proportionate number
of women or children, and it is a great mistake to suppose that
the Native Indians pay no taxes. They have, especially in the
Gold Districts, for the most part abandoned their former pursuits,
and no longer provide their own stores of food. All the money
they make by their labour, either on hire, or by gold-digging, is
expended in the country, so that the Indians have now become
extensive consumers of foreign articles and contribute very
largely to the Colonial Revenue, even more perhaps in proportion
to numbers, than the class of Miners who annually emigrate from
the Colony with their earnings.

17. I did not expect to find the Authors of the Memorial
advocating a land tax, seeing that so small a quantity of land
has been alienated by the Crown, that the tax would really produce
hardly an appreciable effect on the revenue, while it would
operate as a check on the sale of land, and become oppressive to
an interest which much requires the most careful fostering on
the part of Government.

18. Nothing can be more unfounded than the next allegation,
that the progress of Victoria has been stimulated at the expense of British Columbia &c—in fact it is difficult to see how the
prosperity of Victoria could injure British Columbia, their interests
being inseparable and identical. The Ports of British Columbia are
open to the ships and trade of all nations—equally with Victoria
and the Ports of Vancouver Island; and the one has no advantage
over the other, except such as Nature has conferred in placing
Victoria in the most accessible and convenient situation for trade.
Every attention has been paid to rendering Fraser's River safe
and accessible, the channels have been carefully surveyed, and
marked with conspicuous Buoys; and foreign vessels may go direct
to New Westminster, without calling at Victoria, or any
intermediate Port, and the Port Dues are the same whether vessels
clear originally from Victoria, or come directly from foreign parts.
It is impossible in fact, to imagine a more perfect equality of
Legislative protection than is given to these two Ports.

19. I have had applications, under various pretexts, from
almost every interest in the Colony, for remission of duties,
and I have steadily resisted all such applications, on the ground
that class legislation is vicious and in the main leads to
injustice and discontent. It is moreover very doubtful if the
proposed remission of duty on ship-building materials would
advance that interest, as long as the timber business of New Westminster is a monopoly in the hands of a few persons who keep
timber at an unreasonably high price.

20. With respect to the fourth and fifth Complaints, as I
was not cognizant of any circumstances affording grounds for
them, I addressed a letter to the Chief Commissioner of Lands and
Works, whose Department they more immediately affected, and I
forward herewith a Copy of that Officer's Report, from which it
will be seen that no just cause exists for the allegations made.

21. The want of a Registry Office, which also forms a subject
of complaint, arises solely from our not having succeeded in
maturing the details of a measure, which is, I find, replete with
difficulties of no ordinary kind; but Your Grace may rely that
an Act providing for the Registration of Real Estate will be
passed as soon as practicable.

22. Before concluding this Despatch, I will submit a few
observations on the financial system of Vancouver Island in
contrast with that of British Columbia; explanatory of their
distinctive features, and their applicability to the Colonies
respectively.

23. The Public Revenue of Vancouver Island is almost wholly
derived from taxes levied directly on Persons, Professions, Trades,
and Real Estate: on the other hand, it is by means of duties on
Imports, and on goods carried inland, that the Public Revenue of
British Columbia is chiefly raised. No other plan of finance has
been suggested, by which a Public Revenue could be raised, that
is so perfectly adapted to the circumstances of both Colonies, or
that could be substituted, or applied interchangeably with
advantage to the Sister Colony. The reasons may be thus stated—the
low-priced and bulky productions of Vancouver Island will
not bear the cost of exportation to any British Possession, and
are virtually excluded from the markets of the Mother Country by
the distance, and expense of the voyage. A precisely similar
result is produced through the almost prohibitory duties levied
in the neighbouring Ports of Oregon and California; the former,
moreover, abounding in all the natural productions common to
Vancouver Island, except coal; and neither being inferior in
point of soil, climate, or any physical advantage. Thus practically
debarred from commercial intercourse, and denied a market for its
produce, it became painfully evident that the Colony could not
prosper, nor ever be a desirable residence for white settlers,
until a remunerative outlet was found for the produce of their
labour. It was that state of things which originated the idea
of creating a home-market; and the advantageous position of
Victoria for commerce, suggested Free Trade as the means, which was from thenceforth adopted as a policy, with the object of
making the Port a centre of trade and population, and ultimately
the commercial entrepot of the North Pacific. That policy was
initiated several years previous to the discovery of Gold in
British Columbia, and has since been inflexibly maintained.
Victoria has now grown into commercial importance, and its value
and influence can hardly be overrated: financially it furnishes
four-fifths of the Public Revenue: it absorbs the whole surplus
produce of the Colony; and is a centre from whence settlements
are gradually branching out into the interior of the Island.
Thus Victoria has become the centre of population: the seat of
trade: a productive source of revenue; and a general market for
the country: the settlements are all compactly situated within
a radius of 20 Miles, except those which are accessible by sea,
there is therefore no pressing call for large expenditures in the
improvement of internal communications. Roads are opened when
required, with due regard, and in proportion to the means of the
Colony; its vital interests not being greatly affected by any
unavoidable delay.

24. The circumstances of British Columbia are materially
different from those just described. That Colony has large
internal resources which only require development to render it
powerful and wealthy. Its extensive Gold-fields furnish a highly
remunerative export, and are rapidly attracting trade and population.
Mining has become a valuable branch of industry, and essentially
the vital interest of the Colony: it has therefore been my
unceasing policy to encourage and develope that interest. The laws
are framed in the most liberal spirit, studiously relieving Miners
from every species of direct taxation, and vesting in the Mining
Boards a general power to amend and adapt their provisions to the
special circumstances of the Districts.

The Government has moreover charged itself with other more
onerous duties in furtherance of the same object, by opening roads
through the most difficult mountains into all parts of the Country,
to facilitate commerce and transport, and to enable the Miner to
pursue his arduous labours with success. Three different lines of
road have been successfully carried through the Coast Range of
Mountains, and Mining Districts 500 Miles distant from the sea,
have been rendered accessible by routes hitherto unknown. The
extension and improvement of works so pressingly required, and
indispensable to the progress and development of the country, still
claim the anxious care of Government. The greatest difficulty was
experienced in providing funds to meet the necessary large
expenditure on those works, and that object was accomplished by
imposing an Import Duty on goods, as the only feasible means of
providing a revenue adequate to the public exigencies; it was
justly supposed that any tax levied directly on the mining
population would lead to clamour and discontent, without being
productive of revenue; whereas the indirect tax is not felt
as a burden, and, I believe, makes no appreciable difference in
the prices which Miners have to pay for their supplies.

25. I have entered into the foregoing review of the
administrative systems adopted in British Columbia and Vancouver Island, in answer to the assertion of the Memorialists that
"every exertion is apparently made to stimulate the progress
of Vancouver's Island at the expense of British Columbia" and
to prove that my measures have been ever calculated to promote
to the fullest extent the substantial interests of both Colonies.

26. I trust Your Grace will pardon the length to which this
Despatch has reached; in forwarding the Memorial however,
established rule required that I should accompany it by a report,
and I could not well do so in fewer words.



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FILE: 1861-04-22_Heseltine_to_Newcastle_V616H02.txt
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Heseltine to Newcastle

Since I had the honor of addressing your Grace on the 25th of
August last I have had a communication from Mr T.G. Williams
Registrar of the Supreme Court of Van Couvers Island
transmitting the accounts relative to my late Son's affairs, at
the same time stating that he had not received from the Colonial
Secretary the amount due to my Son at his decease, as Government
Steam Inspector amounting to £66.13.4 for four months service
at £200 per annum.

I shall therefore be greatly obliged if your Grace will cause me
to be informed in what way I must make application to obtain the
Said Sum.

I subjoin an extract from the Registrar's letter and have the
honor to remain



================================================================================
FILE: 1861-04-23_Douglas_to_Newcastle_B61027.txt
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No. 27

I have the honour to inform Your Grace that I have lately
issued the Proclamations mentioned in the accompanying Schedule;
and I herewith transmit Copies of the same for the information of Her Majesty's Government.

2. The "Southern Boundary Act", authorizing, on certain
terms, the importation of goods overland into British Columbia,
pending the completion of the communications, is a measure which
the increasing population of that district of the Colony, whose
wants were inadequately supplied by the Frasers River route, has
rendered indispensable. That difficulty will not be felt to the
same extent when the road from Hope to Rock Creek is completed according to the plans, now in rapid progress; and will probably
altogether cease as the advance of cultivation and settlement
places the country in a more independent position with respect
of foreign supplies of food. This concession has been necessarily
qualified by the imposition of a fine of 3 per cent in addition
to the duties collected at New Westminster, not as a differential duty, which might have led to international questions with the
United States, but to defray the great expense of collecting
the duties on the frontier, and not, as the Law requires, at
the regular port of entry.

3. The "Country Land Act 1861" reduces the price of all
unsurveyed country land, whether acquired by occupation or
purchase, under the Proclamation of 1860, and the minimum
upset price of all unsurveyed country land exposed for sale
at public auction, to 4s/2d per acre, in accordance with the
authority conveyed in Despatch No 41, of the 16th July 1860.

4. The "Pre-emption Amendment Act 1861" has been issued in
consequence of Her Majesty's Sanction of the Preemption Act of
1860, conveyed in Your Grace's despatch No 64 of the 6th of
December 1860, and embodies the amendments in the Act of 1860,
suggested in Your Grace's Despatch of the 7th of May 1860,
with some further provisions in respect to the form of land
acquired under the Preemption Act of 1860. This highly important
measure has been weighed with careful attention, and I feel
assured that Her Majesty's Government will never have cause to
regret the initiation of a wise and liberal policy which will,
if anything can accomplish that object, ensure the occupation
and settlement of the vast domains of the Crown in British Columbia.

5. The other Act, passed in consequence of instructions in
Despatch No 34 of the 19th March 1859, provides for remissions in the purchase of lands in British Columbia, to Officers of the Royal Army * and Navy, on the same conditions as in Her Majesty's
other Colonies where those advantages have not been discontinued;
and contains only the usual provisions.

6. I will forward the Attorney General's remarks on those Acts
as soon as they come to hand. Trusting that they may meet with the
approval of Her Majesty's Government.



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FILE: 1861-04-23_Douglas_to_Newcastle_B61028.txt
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No. 28

I have the honor to acknowledge the receipt of Your Grace's
Circular despatch of the 1st February, enclosing copy of a
letter from the Promoters and proposed Trustees of the Exhibition
of works of Industry and art of all Nations to be holden in London in 1862, and instructing me to further this important object by all the means in my power.

2. I have much pleasure in acquainting your Grace that having
learnt from the English newspapers that an Exhibition was to be
held in 1862, and in consideration of the great distance of this Colony from England, and the time consequently necessary to forward specimens, I proceeded in anticipation of your Grace's instructions now received, to call a public meeting at New Westminster on 26th February for the purpose of drawing attention to the propriety of adequately representing British Columbia at the Exhibition, and I then promised in aid of private contribution, such assistance from the Treasury as the state of the public finances could afford.

3. The inhabitants of this Colony responded warmly to the
call thus made upon them, Committees were appointed—subscription
lists opened—measures instituted for the collection of specimens
and the transaction of business, and everything is now in fair train.

4. The enclosed extract from the "British Columbian" contains
a full report of the proceedings at the preliminary meeting held
at New Westminster in behalf of the Exhibition.

5. I have communicated to the Secretaries of the General
Committee your Grace's despatch and its enclosure, in order that
they may take such steps in reference thereto as may be most
expedient in furthering the object in view.



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FILE: 1861-04-23_Douglas_to_Newcastle_V61028.txt
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No. 28

I have the honor to acknowledge the receipt of your Grace's Circular
despatch of the 1st February enclosing copy of a letter from the
Promoters and proposed Trustees of the Exhibition of works of
Industry and art of all Nations to be holden in London in 1862 and
instructing me to further this important object by all the means in
my power.

2. I have much pleasure in acquainting your Grace that having learnt
from the English newspapers that an Exhibition was to be held in
1862, and in consideration of the great distance of this Colony from
England and the time consequently necessary to forward specimens, I
proceeded in anticipation of your Grace's instructions now received
to call a public meeting at this place on the 12th February for the
purpose of drawing attention to the propriety of adequately
representing Vancouvers Island at the Exhibition and I then promised
in aid of private contributions such assistance from the Treasury as
the state of the public finances could afford.

3. The inhabitants of this Colony responded warmly to the call thus
made upon them, Committees were appointed—subscription lists
opened—measures instituted for the collection of specimens and the
transaction of business, and everything is now in fair train.

4. The enclosed extract from the Colonist contains a full report of
the proceedings at the preliminary meeting held at Victoria in behalf
of the Exhibition, and of my address on the occasion, which I trust
will meet with your Grace's approval.

5. I have communicated to the Secretaries of the General Committee
Your Graces despatch and its enclosure, in order that they may take
such steps in reference thereto as may be most expedient in
furthering the object in view.



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FILE: 1861-04-24_Douglas_to_Newcastle_B61029.txt
================================================================================

No. 29

I have the honor to acknowledge the receipt on this date
of your Grace's despatches of the numbers and dates noted on
the other side hereof.

*



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FILE: 1861-04-24_Douglas_to_Newcastle_V61029.txt
================================================================================

No. 29

I have the honor to acknowledge the receipt on this date, of your
Grace's despatches of the numbers and dates noted on the other side
hereof.

*



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FILE: 1861-04-25_Douglas_to_Newcastle_V61031.txt
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No. 31, Legislative

I have the honour to inform Your Grace that I lately issued the two
Proclamations mentioned in the accompanying Schedule, and Copies are
herewith transmitted for the information of Her Majesty's Government.

2. The first of these Proclamations carries out the instructions
conveyed in Your Grace's several Despatches, No 10 of the 21st of
February 1860, and No 26 of the 28th of June 1860, authorising me
to reduce the upset price of Country Land to 4s/2d an acre; and
to permit Settlers as a provisional arrangement, pending the legal
difficulties which at present impede the grant of land in Vancouver Island, to occupy certain tracts of waste or inferior land within the
surveyed Districts, with a pre-emption right.

3. The second Proclamation extends those provisions to the whole
Colony of Vancouver Island and its Dependencies, as the surveyed
Districts were found not to afford the means of settlement, and as
Your Grace's Despatch—British Columbia, No 64 of the 6th of
December 1860—conveyed to me the sanction of Her Majesty's
Government to the Pre-emption Act of British Columbia, and
Despatch—Vancouver Island No 27 of the 16th of July 1860—communicated the desire of Her Majesty's Government that the practice adopted in one Colony should also be established in the other.

4. These measures have given great satisfaction to the public at
large, and will, I have no doubt, promote the settlement and
prosperity of the Colony.



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FILE: 1861-04-26_Douglas_to_Newcastle_B61030.txt
================================================================================

No. 30

I have the honor to acknowledge the receipt on this date,
of your Grace's despatches of the numbers and dates noted on
the other side hereof.

*



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FILE: 1861-04-26_Douglas_to_Newcastle_B61031.txt
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No. 31

I have the honor to acknowledge the receipt of your Grace's
despatch of the 26th January and its enclosures, with reference
to the Certificates which it is the intention of Her Majesty's
Consul at Charlestown to give to Vessels clearing from that Port
to British Ports, under the existing state of things in South
Carolina: and in accordance with your Grace's instructions, I
have communicated those papers to the proper officers for their
information and guidance.



================================================================================
FILE: 1861-04-26_Douglas_to_Newcastle_V61030.txt
================================================================================

No. 30

I have the honor to acknowledge the receipt on this date, of your
Grace's dispatches of the numbers and dates noted on the other side
hereof.

*



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FILE: 1861-04-26_Douglas_to_Newcastle_V61032.txt
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No. 32

I have the honor to acknowledge the receipt of your Graces Circular
despatch of the 26th January and its enclosures, with reference to
the Certificates which it is the intention of Her Majesty's Consul
at Charlestown to give to vessels clearing from that Port to British
Ports, under the existing state of things in South Carolina, and in
accordance with your Grace's instructions, I have communicated those
papers to the proper officers for their information and guidance.



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FILE: 1861-04-27_Hamilton_to_Rogers_Permanent_Under-Secretary_V615TE03.txt
================================================================================

Hamilton to Rogers (Permanent Under-Secretary)

In reply to your letter of the 23d ult. I am directed by the Lords
Commissioners of Her Majesty's Treasury to acquaint you, for the
information of the Duke of Newcastle, that it appears to their
Lordships that the Clause of the Royal Instructions which has
suggested a doubt to the Governor of Vancouver's Island in regard to
the power of the Colonial Government to contract debt
without . . . the previous sanction of Her Majestys Government, has
reference to the issue of Paper Money and Letters of Credit as a
Legal Tender, as would appear from the preliminary words inserted in
the Clause having reference to the Acts of 4 Geo 3 Cap 34 and
13 Geo 3d Cap 57.

With regard to the Victoria Harbour Act 1860, to raise a Loan of
£10,000 for the improvement of the Harbour. Their Lordships see no
objection to its confirmation, provided that the Lords of the
Committee of Privy Council for Trade do not object to the charges to
be imposed upon the shipping.



================================================================================
FILE: 1861-04-30_Douglas_to_Newcastle_B61032.txt
================================================================================

No. 32

I have the honor to forward herewith to your Grace copy of
a letter I have received from Mr Henry P. Pellew Crease, Barrister
at Law, applying for the appointment of Attorney General of British
Columbia, in the place of Mr Cary, should that gentleman's resignation
of that position, under the circumstances mentioned in my Despatch
of the 26th January, No 8, be accepted.

2. I have informed Mr Crease that in forwarding Mr Cary's
letter of resignation I requested Your Grace to select another
gentleman to succeed him, and it is therefore probable the
appointment may be already made, but Mr Crease requests me,
nevertheless, to submit his application for Your Grace's consideration.

3. I have a personal acquaintance with Mr Crease, he was
the first Barrister who arrived in this Colony, and is a
gentleman of character and standing, and should Your Grace
think fit to confer on him the appointment he seeks I should
have no objection to offer.



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FILE: 1861-04-30_Murdoch_to_Rogers_Permanent_Under-Secretary_V615LN04.txt
================================================================================

Murdoch to Rogers (Permanent Under-Secretary)

I have to acknowledge your letter of 22nd instant, enclosing the copy
of a Despatch from the Governor of Vancouvers Island, with a
correspondence which had passed between his Secretary and the
Hudsons Bay Co relative to the reservation of certain Water frontage
in the Town of Victoria for a Government Wharf and Harbour Masters
Office.

2. The Hudsons Bay Co, as is known, claim the greater part, if not
the whole, of the site on which the Town of Victoria stands, as the
property of the Company by reason of occupation prior to the grant of
the Island of 13th Jan[ua]ry 1849. As they were selling their Water
frontage to private purchasers, the Governor applied to them to
reserve a plot suitable for a landing place and Harbour Masters
Office, offering to repay their actual outlay in the purchase and
improvement of the land. The Agent of the Company declined to accede
to this application but offered to build an office for the Harbour
Master for a moderate rent, and to grant him the free use of the
Company's Wharf. The Governor in reply pointed out the insufficiency
of such an arrangement, and recalled the attention of the Agent to
the instructions of the Governor of the Company of May 1851, that
reserves required for public purposes should be resumable, upon
repayment of the price and expenses. To this letter no answer had
been received when the Governors Despatch was written, but the
Governor anticipates that it would have no effect on the decision
of the Agent.

3. The first step, as it appears to me, would be to communicate this
correspondence to the Hudsons Bay Co in this Country, and to invite
them to issue such instructions to their Agent as may secure the
necessary reservations of water frontage for the public use. Unless
they are prepared to repudiate the principle laid down in the
instruction from the Governor of the Co to Governor Douglas of 23rd
May 1851 (a copy of which will be found in Governor Douglas' despatch
of 7th December last) they cannot refuse to make such a reservation.
But if they refuse, it may be a question whether the Governor should
not be instructed to give notice to purchasers, that the grant of the
13th Jan[ua]ry 1849 excepts from the land which the Company are at
liberty to sell, as representing the Crown, all land required for
public purposes—that as regards their claim to hold and dispose of
this land as their private property the Crown denies that claim—that
the claim is now under investigation before the Judicial Committee of
the Privy Council and that if the Judicial Committee should decide
against the Company the Crown will not recognize the sales which they
may make of this Land—and that purchasers, therefore, after this
notice, will have no right to complain if they should eventually find
themselves deprived of the Land which they may have bought from the
Co. I cannot doubt that such a notice if it did not prevent the
Company offering the land for sale, would prevent individuals from
buying it. Such a proceeding is of course an extreme measure—but as
the law in the Colony does not, I presume, afford the means which
would exist in this Country of arresting these sales, I see no other
way, if the Company support their Agent, of preventing an alienation
of property which may be permanently injurious to public interests.

4. It is hardly necessary to add that this question shows, even more
strongly than the similar questions which have heretofore been
submitted for the Duke of Newcastles consideration, the inconvenience
of the present uncertainty as to the claims of the Hudsons Bay Co in
Vancouver Island. The extent which they claimed as their private
property in the neighbourhood of Victoria was 3084 Acres, and if I
understand the Governors despatch right, they have sold all of this
except about 300 Acres. Their recent sales of Town lots have been at
the rate of upwards of £9000 an Acre, and they still retain 60 Lots
which if sold at the same rate would produce nearly £11,000. For
these sums the Company will of course have to account if the decision
of the Judicial Committee should be against them—but it is very
undesirable in the meantime that land of such great value should be
disposed of solely with reference to the pecuniary profit to be made
out of it, and without regard to the public interests, present and
future, involved in its disposal.



================================================================================
FILE: 1861-04-30_Newcastle_to_Douglas_B617076.txt
================================================================================

No. 76

I have the honor to acknowledge the receipt of your despatch No.
10 of the 28th of January and to state that I am quite satisfied with
the explanation which it affords on the subject of the letters addressed to you by Colonel Moody on the
24th and 22nd of August last, the first relating to the selection of the site for a town on the Semilkomeen River; the second respecting the provision made in the Estimates of 1860-61 for the Royal Engineers.



================================================================================
FILE: 1861-05-01_Newcastle_to_Douglas_V617055.txt
================================================================================

No. 55

I transmit to you herewith the copy of a letter from Mr. S. R. Heseltine respecting a sum alleged to be due to
his late son at the time of his death on account of Salary as Inspector of Steam Machinery
to the Colonial Government, and I have to call your attention to my despatch No. 42 of the 23rd of November 1860
on the same subject, to which I have
not as yet received an answer.



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FILE: 1861-05-02_Douglas_to_Newcastle_B61033.txt
================================================================================

No. 33

In my Despatch marked Separate of the 28th of February
last, allusion was made, in Mr Cox's letter of the 16th of
January forming enclosure No 4, to some reported Gold Fields
at Lake Okanagon, and the intention of the Gold Commissioner
to accompany a body of Miners to inspect that part of the
Country. The Miners proceeded on their proposed excursion,
and returned to Rock Creek in the beginning of March, when
they communicated the very satisfactory intelligence that
they had found grain and scale Gold, of fine quality, in
remunerative quantities, in all the streams flowing into the
western shore of Lake Okanagon, which is over 70 miles in
length. This important discovery had not been made public
at Rock Creek, for the reasons stated in Mr Cox's interesting
report on the subject, which I herewith transmit, unabridged,
for Your Grace's information.

2. I have also just received a very satisfactory report
from Mr Commissioner Nind of Alexandria District, mentioning the great discoveries which have been made during the winter
at "Antler Creek", a tributary of Bear River, which flows from the mountains east of Quesnell Lake into the South Branch of Fraser River.

3. On the occasion of Mr Nind's visit to Antler Creek, the whole face of the country was still deeply covered with
snow, but a great number of Miners were nevertheless on the ground anxiously awaiting the advent of Spring to commence operations.

4. These discoveries were alluded to in my Despatch of
the 28th of February last, and are now satisfactorily
confirmed by the present report from Mr Nind, who, however,
refrains from giving currency to the perhaps exaggerated
statements received from Miners, that as much as 70 dollars
worth of gold has been extracted from a single pan full
(containing about one gallon) of earth.

5. The confirmed impression however, is that a Gold-field,
of extraordinary richness, has been now discovered,
and I sincerely trust that those impressions may be fully realized.

6. It is matter of sincere congratulation that the
tranquillity of the country has been in no wise disturbed
by the excitements arising from those discoveries; and that,
as a body, the Miners are well conducted and submissive to the Laws.

7. A Copy of Mr Nind's Report, and sketch of the new Gold-field, is also transmitted for Your Grace's information.



================================================================================
FILE: 1861-05-02_Douglas_to_Newcastle_B61034.txt
================================================================================

No. 34

I have the honor to acknowledge the receipt on this date
of your Grace's despatches of the numbers and dates noted on
the other side hereof.

*



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FILE: 1861-05-02_Douglas_to_Newcastle_V61033.txt
================================================================================

No. 33

I have the honor to acknowledge the receipt on this date of your
Grace's despatches of the numbers and dates noted on the other side
hereof.

*



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FILE: 1861-05-02_Douglas_to_Newcastle_V61035.txt
================================================================================

No. 35

With reference to my Despatch No 50 of the 5th of December 1860
upon the subject of the completion of the Light Houses in Fucas
Straits, and wherein I report the amount required to effect a final
settlement of the cost of erection as about one Thousand pounds
(£1000), I have the honour to represent to Your Grace that after this
settlement was effected, and I was under the impression that all
payments had been made, claims against the work to the extent of
between Eight Hundred (£800) and One Thousand pounds (£1000) were
brought to my notice; the Contractor, as I stated in my Despatch,
having broken down and having no available assets, and his sureties
being legally relieved from their responsibility by the Government
under the circumstances before explained being compelled to step in
and take the work of the Contract into their own hands.

2. These claims were principally for provisions supplied to workmen,
and it was alleged that the Government was justly responsible for
their settlement, inasmuch, first, as although ordered in the name of
the Contractor, still they had been obtained by the officer of the
Government superintending the work; and secondly, that when some of
the orders for payment given by the Contractor upon the Colonial
Surveyor had been presented to that functionary, he although not at
the time accepting them, had nevertheless, as they considered it,
given such assurances of a final satisfactory settlement, as to quiet
the apprehensions of the creditors, and to lead them to make further
supplies.

3. I placed the whole matter in the hands of the Attorney General,
who after a long and careful investigation ascertained that although
probably legally the Creditors could not force their claims, still
that for the credit of the Government, we were morally bound to
liquidate a portion of the claims amounting to the sum of Four
Hundred and thirty pounds (£430).

4. Under these circumstances I felt that it was incumbent upon me to
accept of this portion, and I am therefore obliged to draw one further
Bill upon Her Majesty's Government for the necessary sum of Four
Hundred and thirty pounds (£430). I do so with great reluctance for
Her Majesty's Government have already so generously and readily met
our requirements, and having led Your Grace to imagine that my last
draft would be final, as I then believed it would be, I am most loth
to make this further call for assistance, but I have no other means
of meeting the outlay required, for the expenses of starting the
Lights in working order have been very heavy, and the Colonial funds
appropriated to their maintenance have been all absorbed.

5. I trust therefore Your Grace will be pleased to cause the Bill I
now draw to be accepted by the Board of Trade upon presentation.

6. The final accounts with that Department will be forwarded either
by the present or following Mail.



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FILE: 1861-05-05_Newcastle_to_Douglas_V617056.txt
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No. 56

I have the honor to acknowledge the receipt of your despatch No.
15 of the 14th of February and to convey to you the approval of the Queen for the appointment to the Legislative Council of Vancouver Island of Mr. Donald Fraser, Mr. David Cameron, and Mr. Alfred John
Langley.

The Royal Warrant for these appointments will be forwarded to you
by early opportunity.



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FILE: 1861-05-06_Douglas_to_Newcastle_B61035.txt
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No. 35

I trust your Grace will not deem me importunate in again
bringing before your notice the subject of the claims of the
Hudsons Bay Company to lands in British Columbia. The inconvenience of those claims being still unsettled, or even any basis of settlement determined upon, is daily more felt, and in proportion with the delay so will the difficulty of a final adjustment be increased, the more especially as the Agents of the Hudsons Bay
Company, presuming upon the provisional concessions made by this
Government in reserving quantities of land to meet their claims
if confirmed by Her Majesty's Government will affect, and, in
truth, already do affect, to regard as a right what was simply
intended as an act of consideration and courtesy, for I am not
aware that, otherwise, it was incumbent upon this Government to
step in between the Hudsons Bay Company and the public to reserve to the former more than what they had actually enclosed and
actually occupied.

2. I do not forget that the subject is one involving many
considerations, and one with which Her Majesty's Government may
have some difficulty in dealing, from the very general character in which the claims are preferred, and it therefore
may not be out of place for me to submit a few remarks which,
perhaps, might assist Her Majesty's Government in disposing of
the questions in a manner at once equitable to the Hudsons Bay
Company and to the Colony, or at all events which might establish a basis of settlement that would be of material assistance to us
here, in dealing with many of the complicated cases which are
frequently arising in connection with the Company's claims, more
especially at Yale and Hope.

3. The Grant made by Her Majesty's Government of the exclusive right of Trade on the western coast of North America was a valuable privilege which the Hudsons Bay Company enjoyed for many years, but the Charter contains no provision granting the fee of the soil to the Hudsons Bay Company, or agreement for compensation upon the expiration of the grant. Such being the case the Hudsons Bay Company can have no legal claim founded on the Charter to free grants of land in British Columbia.

4. Her Majesty's Government may, however, be of opinion that
the Hudson's Bay Company have claims to consideration in consequence
of the abrupt termination of the Charter in 1858, soon after and by reason of the discovery of Gold in British Columbia. The
Charter it is true legally expired within a few months of its
revocation, but it might have been renewed, had it not been for
that circumstance.

5. Should Her Majesty's Government be disposed to take this
liberal view of the position of the Hudsons Bay Company, and the
Despatches which I have had the honor to receive upon the subject
lead me to such a conclusion, I would take the liberty of
recommending, on that ground solely, the transfer in fee to the Company of all places occupied by existing Forts or Posts and
necessary for carrying on the business of the Company, together
with any fields or gardens actually enclosed by fences and under
cultivation, provided however that no such grant should exceed
100 Acres of country land at any one place, except at New Langley
and Kamloops where the Company have a large number of Cattle and Horses, and where the grant might be increased to 500 Acres, but in towns the grant should be restricted to building lots actually
occupied by the Company's business Houses, at Yale for instance,
to the Town Lots at present occupied by their dwelling and Store
Houses, and at Hope to the site of their Buildings and to the
adjacent carral.

6. Having received invariably so much consideration and favor
from Her Majesty's Government the Hudsons Bay Company have no real
claim to privileges other than would be conceded to their fellow
subjects, and it cannot be required in equity or in sound policy
that they should have a gift made to them of town or country land
for the mere purpose of sale. They cannot want more than I have
here suggested for business purposes. They could only utilize
larger tracts of land by speculating on its resale at a higher
price, as they have done and are now daily doing at Victoria, and
however anxious Her Majesty's Government, as well as myself, may
be that the most liberal consideration should be accorded the
position of the Company, still the interests of the Colony are
undoubtedly pre-eminent and must be so regarded.

7. If Her Majesty's Government approve of what I herein
submit, either as a settlement, or as a basis of settlement, I
will, under their instructions, carry the same into effect by
marking out the several Establishments and the lands appertaining
to each, both in towns and in country places. This will have the
effect of removing many difficulties and embarrassments now
existing in respect to lands claimed by other individuals, and
it will bring the question to a decision; and should the Hudsons
Bay Company consider they have further legal or equitable rights
of claim, they will be at liberty, like other of Her Majesty's
Subjects to appeal to the Civil Courts of the Colony.



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FILE: 1861-05-07_Douglas_to_Newcastle_V61034.txt
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No. 34, Ecclesiastical

I have the honour to transmit a Memorial to Your Grace from the
Reverend Edward Cridge B.A., District Minister of Victoria, praying
for the fulfilment of the agreement with the Hudson's
Bay Company under which he was appointed District Minister of
Victoria; and also for the conveyance in trust of a portion of about
23 acres of land near the Victoria Church, known as the Church
Reserve.

2. In forwarding these papers, I beg to apprize Your Grace that I
have laid the Memorial before the Attorney General, who is of opinion
that Mr Cridge has no legal rights as against either the Hudson's
Bay Company, or Her Majesty's Government.

3. The Local Legislature in their last Session declined to make any
provision to meet Mr Cridge's Salary, and I am unable to see any
method whereby such provision can be made from any Funds under my
controul. I nevertheless forward the memorial, and trust it may be
within the power of Her Majesty's Government to administer to the
relief of the Memorialist, whose case has excited much sympathy in
this Colony.

4. With regard to the conveyance of the Church Reserve, which
certainly was intended solely as an endowment for the Victoria
Episcopal Church, and will in all probability, become, in due course,
its possession, I would advise Her Majesty's Government not to move
in the question at present; because their interference could not
forward the object in view, and would give rise to dissatisfaction
whatever course may be taken; and I am of opinion that the decision
of the question may be safely left to the local tribunals.



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FILE: 1861-05-09_Douglas_to_Newcastle_V61036.txt
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No. 36

I have the honor to acknowledge the receipt of your despatch of 1st
March No 47 upon the subject of the completion of the
Fisgard and
Race Rock Light houses, and I am much gratified
to find that my
proceedings in this matter have met with the concurrence of Her
Majesty's Government.

2. I much regret however that circumstances which I could not
personally control should oblige me to apply for further pecuniary
aid, altho' of a comparatively trifling amount, as represented in my
despatch of the 2nd
instant
No 35, but your Grace will I trust
appreciate the position in which I was placed, and believe there was
no other proper course open to me.

3. I transmit herewith for your Grace's information Drawings of the
Light houses which will convey some idea of their character and
appearance.



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FILE: 1861-05-09_Newcastle_to_Douglas_B617077.txt
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No. 77

I have the honor to transmit to you herewith the copy of a
Memorandum on the subject of the protection of the Salmon Fisheries of
British Columbia which has been submitted to me by Mr Ffennell a Member of a late Fishery Commission in this Country. I also enclose copies of a subsequent correspondence with that Gentleman and I have to
invite your attention to a subject which will probably ere long become
one of some importance to the Colony. I have requested the Governor of
Canada to forward to you the official documents bearing upon the matter mentioned in Mr Ffennell's letter of the 19th of April, and in the
meantime I enclose a report of the British Commissioners which may
probably afford you information that will be useful to you in legislating
on the Fisheries of British Columbia.



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FILE: 1861-05-10_Douglas_to_Newcastle_V61037.txt
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No. 37, Military

With reference to your Despatch No 2 of the
5th of January 1860, I
have the honour to forward herewith a Statement with the requisite
Vouchers, Exhibiting the expenditure incurred on Military Account,
and Civil Account, in connection with the Island of San Juan, and
defrayed out of Imperial Funds, from the 1st of January to the 31st
of March 1861.



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FILE: 1861-05-11_Newcastle_to_Douglas_B617078.txt
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No. 78

I have the honor to acknowledge the receipt of your despatch No. 18 of the 19th of February last transmitting an estimate of the expenditure
necessary for the maintenance of the Force of Royal Engineers in British Columbia for the year 1861 amounting to £16,750.

I regret that I am unable to comply with the earnest wish expressed
in your despatch that the Colony may be relieved of the whole of this
charge.

It is unnecessary that I should remind you of the motives which
induced my Predecessor in sending a Military force to British Columbia
to select for the purpose men of the Royal Engineers, nor of the
expectation which he entertained that the Services which they would
render to the Colony in Civil capacities would afford an equivalent for the cost of the expedition. Hitherto it has not been possible to carry
into effect the intention then announced to you of charging the
expenditure of the Force, with the exception of their Regimental Pay, to
the Revenues of the Colony, and notwithstanding the large increase in
those Revenues which is exhibited by the financial Statements recently
received from you, I am reluctant to diminish materially the surplus
which after providing for the ordinary Civil Government is available for the execution of Public Works essential in the present stage of the
Colony to the development of its resources. Provision has therefore
been made in the vote for British Columbia for the present year for the Colonial Pay of the Royal Engineers, and an item of £12,000 which I find from the enclosure of your despatch to be even somewhat in excess of the actual pay itself, has been inserted in the estimate on this account.
But the further expenditure which you have reported must be defrayed by
the Colony, and I am willing to believe that for the sum of £4550 which
will thus remain chargeable to it's Revenues, British Columbia will
obtain an ample equivalent in the experience and professional skills of the Royal Engineers.



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FILE: 1861-05-11_Newcastle_to_Douglas_V617057.txt
================================================================================

No. 57

I have the honor to acknowledge the receipt of your despatch No. 1
of the 5th of January last, transmitting the copy of an Act passed by
the Legislature of Vancouver Island, but to which you have withheld
your assent pending the receipt of instructions from Her Majesty's
Government entitled "the Victoria Harbour Act of 1860."

I am aware of no objection to this Act, and on receiving it from you in an
authenticated shape, I shall be prepared to submit it for Her Majesty's
Confirmation.

With respect to the doubt which had occured to you whether under
the terms of the Queen's instructions to you as Governor of the Colony, you are at liberty to assent, without previous sanction of Her Majesty's Government, to Acts for contracting loans, I have to inform
you that the clause in your instructions to which you allude was not
designed to restrain the Colonial Government from incurring debts, but
has reference to the issue of paper money & Letters of Credit as a
Legal tender.



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FILE: 1861-05-15_Newcastle_to_Douglas_B617079.txt
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No. 79

I have received your despatch No. 11 of the 6th of February 1861
last, enclosing authenticated copies of four Proclamations issued by you in March, April and May 1860.

I have in the first place to observe that these Proclamations ought
to have been forwarded at a much earlier period. And I should wish you on future occasions to transmit authenticated copies of all Loans if possible by the first opportunity after they have been passed. They are also without any marginal abstract; one of them has no title, and though I am quite aware that the same accuracy is not attainable in legislating for an unformed society as in laws framed and interpreted by practised Lawyers in an old Country, yet I am of opinion that some of the laws now forwarded are more loosely drawn than is warranted by the circumstances of British Columbia.

It may be very proper that the Jurors Act (No. 1) should repeal all property qualification for Jurors, and that in case of necessity the Sheriff should be at liberty to summon persons not being British Subjects. But I think that some provision should have been made for
forming a Jury list and for requiring the Sheriff to summon the persons on that list according to some fixed rule. Unless this is done the community has no security the Juries are fairly chosen.

Again I think it would probably have been desirable to make it
requisite that every Juryman should be able to read and should not be
known to have been convicted of treason, felony or any infamous crime.

If there is any difficulty in procuring a sufficient number of
Jurors, I see no reason for retaining in any case the the British number of
12. I think the number of an ordinary Jury might very properly be
reduced to nine, and under special circumstances even to seven. And it might be further provided that if after a certain period of deliberation (say four hours) any Jury is unable to agree the Judge may receive the verdict of six Jurors in a Jury of 9 or Five Jurors in a Jury of seven.

I see no objection to the Sheriffs Act No. 2.

No. 3 described by you as passed to facilitate the Trial of
Criminals (but which has in fact no title) empowers the Judge to try
where he pleases any person charged with any offence "whether in custody or not" upon such notice of trial as he (the Judge) shall in each case
think fit.

The strict explanation of this Law given by the Attorney General is
quite insufficient to explain its alarming laxity. It appears to enable the Court to try any alleged offender, in his
absence, in a place to which that offender cannot without the greatest inconvenience resort, and with such notice as may virtually amount to no notice whatever. Under such a law, if I rightly interpret it, no man would be safe from being tried and condemned, without the possibility of defending himself, by a precipitate or hostile Judge. I fully recognize the advantage of expedition in the administration of criminal justice, and am much indisposed to insist on any technical rule which would cause delay; but I have been unable to advise Her Majesty to leave in operation a law which would place her subjects so completely at the mercy of a
Tribunal acting in this respect without fixed rules. Her Majesty has
been pleased on this account to disallow this proclamation. You will
publish this dis-allowance in the usual and most authentic manner.

You will not re-enact the law without providing adequate security,
first that no accused person shall be put on trial in any place to
which it is manifestly inconvenient to him to resort, secondly, that no accused person shall be put on his trial in his absence unless he has actually been in custody and has been released on a written engagement to appear or take his trial, and thirdly that no person shall in his absence be sentenced to more than a certain limited penalty.

I have not thought it necessary to advise the dis-allowance of the
"Town Lot Releases Act" under the peculiar circumstances under which it has been passed. But it will require material amendment. Under this Proclamation a person claiming any land within the districts there mentioned may bring his claim before the Supreme Court with an account of the transactions regular or irregular, through which he derives his title. If on examination the court affirms that title, the claimant is to receive a conveyance of (s4) of the Land from the Crown. And the order on which this conveyance if founded will (as I understand) be a
complete bar to any action against the grantee (s7) in respect to the
land so conveyed to him. The rights therefore of all counterclaimants
are absolutely extinguished. If due provision could be made that all
such counterclaimants whether resident or absentee should have knowledge of this intended conveyance and an opportunity of opposing its issue the above enactments would be unobjectionable. But the provisions for this purpose are most imperfect. They are as follows:

1. Notice is to be served on every person named in the petition as
having at any time claimed title to the land in question, and having a
known residence in the Colony.

2. No provision at all is made respecting claimants resident in
the Colony who are not named in the petition, and then

3. Persons having formerly so claimed title to the lands and not
having a known residence in the Colony are to have "such substituted
notice of the said petition as the Court in each instance shall deem
sufficient."

The second class of persons therefore will find their interests
extinguished without having had any notice whatever of the proceedings
which have led to that result. And the persons in the third class
(residents perhaps in England or Canada) will find themselves in the
same situation having only had such "substituted notice" (which may or
may not be sufficient for its purpose) as the Judge may have been
content to order.

The protection given to all these classes of persons is I think
insufficient and should be increased.

A Conveyance issued under this Proclamation may perhaps not
improperly be held conclusive against all persons who have had actual
notice of the petition on which each conveyance is founded by the
grantee, in time to have asserted their rights before the Court if they
had chosen to do so. But twenty one days notice is manifestly
insufficient for that purpose. Three months at least should intervene
between the service of the notice and the issue of the conveyance and
during all that period the persons interested in the land should remain
at liberty to oppose the issue of the conveyance.

This object might be effected either by a Rule of Court or by
adding a proviso to the 4th clause of the Ordinance.

I think in order as far as possible to meet the case of claimants
of the second class, that is to say of persons resident in the Colony
but not named in the petition, every such petition should be advertized
two or three times in the Colonial Newspaper in which it is most likely
to attract notice and registered in some book known to contain all such
petitions and accessible to the public.

And in order to meet the case (especially) of counter claimants of
the third class, I think that such claimants as cannot be shown to have
received actual and timely notice of the petition, should retain their
rights against the Land for two years after the issue of the Conveyance,
and should retain a personal claim upon the grantee for the value of the
land for (say) six years from the same date. Thus the owner of the land
will be able to make a good title to it (which is the object in which
the public interest is concerned) two years at latest after the
Conveyance is issued.
Some provision of this kind appears to me most
calculated to combine the two somewhat inconsistent objects of
facilitating the transfer and settlement of land, and of affording due
protection to latent interests.

Finally I think the Proclamation should be limited in its duration.
I have no objection to this stringent mode of legislation as a mode of
clearing the ground in order to establish an effective Registration of
Titles. It is an exceptional law rising out of an accidental and
temporary necessity. But if it is allowed to become part of the law of
the Colony, it will encourage the very irregularity which it is intended
to remedy. Confusion and uncertainty of titles can only be prevented in
the long run by making it for the interest of individuals to take care
that their titles are clear and regular. And this again can only be
accomplished by allowing those who are irregular to suffer for their
irregularity.

Those therefore who do not take advantage of the Proclamation
before a fixed period say April 1862, should be excluded from its
benefit, and every possible means should be adopted after establishing
an accessible system of Registry, to impress upon the Colonists the
conviction that they must avail themselves of that system, and will not
again be rescued from the consequences of their neglect by any
exceptional legislation.

I have only to add that I shall communicate to you Her Majesty's
confirmation of the Jurrors Act and the Sheriffs Act after they have
been laid before Parliament for the usual time. Her Majesty's decision
on the Town Lot Leases Relief Act will be suspended till the alterations
which I have indicated are made.



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FILE: 1861-05-17_Hamilton_to_Rogers_Permanent_Under-Secretary_V615TA04.txt
================================================================================

Hamilton to Rogers (Permanent Under-Secretary)

With reference to your letter of the 25th ult. relating to the
manner in which provision is to be made for the extra pay issued by
Governor Douglas to the Royal Marines employed at San Juan, I am
directed by the Lords Commissoners of Her Majesty's Treasury to
transmit herewith for the information of the Duke of Newcastle copy
of a letter addressed to the War Department requesting that provision
should be made for this service in the Army Estimates.



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FILE: 1861-05-20_Hamilton_to_Rogers_Permanent_Under-Secretary_B615TE11.txt
================================================================================

Hamilton to Rogers (Permanent Under-Secretary)

I am directed by the Lords Commissioners of Her Majestys
Treasury to acquaint you for the information of the Duke of
Newcastle with reference to your letter of the 7 Inst that
Their Lordships see no objection to the Estimates of Revenue
and Expenditure for British Columbia for the year 1861.

They will not object to the increases to the Salaries of
the Civil Officers as shown in the Table enclosed in your
letter but They wish to be informed whether the Colonial Secretary
besides having his salary increased from £500 to £800 will
receive pay for the first time for acting as Auditor as My Lords
would consider that if he has hitherto discharged the duties of
both Offices for a Salary of £500 it was not necessary that he
should receive the double advantage of a new separate pay of £200
as Auditor and of the additional Salary of £300 for his office
of Secretary.



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FILE: 1861-05-23_Barnard_to_Elliot_Assistant_Under-Secretary_B615AG02.txt
================================================================================

Barnard to Elliot (Assistant Under-Secretary)

I have the honor to acquaint you, for the information of The Right Honorable The Secretary of State, that the
Articles for Assay Melting Office supplied for the service of the Government of British Columbia
pursuant to your letter of the 28th
Feby last were shipped on board the "Prince
of the Seas" on the 14th Instt for conveyance
to the Colony.



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FILE: 1861-05-23_Booth_to_Under-Secretary_of_State_V615TA03.txt
================================================================================

Booth to Under-Secretary of State

With reference to your letter of the 31st March last, I am directed
by the Lords of the Committee of Privy Council for Trade to state to
you for the information of His Grace the Duke of Newcastle that the
following stores for the use of the Lighthouses at Vancouvers Island
have been forwarded to the Governor of that Colony in the ship
"Prince of the Seas" which Vessel sailed from London on the 20th
Instant vizt

Nos 1 to 85 - 85 Cans containing 550 Gallons oil

(vizt 62 cans for Race Rocks & 23 cans for

Fisgard)

Race Rocks Lighthouse

No 86 - 1 case containing

40 yards concentric Wick of 2 sizes

7 lbs polishing powder

1 doz Leathers

1 do Lens cloths

1 do plate glass cloths

1 Brush for smoke tube

2 quarts spirits of Wine

2 Mandrills

2 pair trimming Scissors

2 sets of flexible brushes

12 Balls cotton

Nos 87 to 110 - 24 Cases containing

72 doz. 3 Wick Chimnies

Fisgard Lighthouse

No 111 - 1 case containing

5 lbs polishing powder

32 yards concentric Wicks

1 doz. Leathers

1 dozen lens cloths

1 do plate glass cloths

1 quart spirits of Wine

1 Trimming Mandrill

2 pair trimming Scissors

1 set flexible brushes

6 Balls cotton

Nos 112 & 113 - 2 Cases containing

6 doz. 2 Wick chimnies

A Bill of lading of the stores shipped is enclosed herewith for the
information of the Governor.

I am to add that My Lords will forward in a further letter a
statement of the sums which have been paid for the supply and
shipment of the stores in question in order that the Agents General
may be instructed to repay the amount to the Board of Trade.

If it is desired that insurance should be effected for these stores
My Lords request instructions to that effect, as it is not the
practice of this Department to insure in similar cases.



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FILE: 1861-05-24_Berens_to_Newcastle_V615MI02.txt
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Berens to Newcastle

I have the honour to acknowledge the receipt of Sir Frederic Rogers'
letter of the 23rd
instant enclosing a despatch from Governor Douglas transmitting
a correspondence which has passed between himself and the Agent of the Hudson's
Bay Company in Vancouver's Island on the
subject of the Sale by the Company of a certain portion of water frontage in Victoria
required for a public landing place and Harbour Master's Office.

In reply I beg to state that
there is no wish on the part of this Company to do anything that would militate against the public
interests. I therefore hasten to inform your Grace that in compliance with the suggestion thrown out in
Sir Frederic Rogers' letter I have directed that specific instructions shall be sent by
this days post to the Agent of this Company at Victoria to suspend
the sales of the land in question as referred to in the
correspondence between Governor Douglas and Mr Dallas.



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FILE: 1861-05-24_Hamilton_to_Rogers_Permanent_Under-Secretary_B615TE12.txt
================================================================================

Hamilton to Rogers (Permanent Under-Secretary)

I am directed by the Lords Commissioners of Her Majestys
Treasury to acquaint you for the information of the Duke of
Newcastle that after a full consideration of all the circumstances
represented in your letter of the 21 March last, Their Lordships
are prepared to acquiesce in the proposed investigation before
the Judicial Committee of the Privy Council into the title of
the Hudson's Bay Company to certain Lands in British Columbia and
Vancouver's Island and to accept the decision of the Council in
the matter.

As regards however possible claims to compensation supposing
a decision favorable to the Company, Their Lordships cannot
consent under any circumstances to come under any obligation in
respect of them so far as the Revenues of the Country are concerned.

The question must be considered as one between the Local
Governments acting through the Crown on the one hand and the
Company on the other, and any claims which may arise out of the
proposed reference to the Privy Council must be met out of such
means as the respective parties have at their disposal and can in
no case be allowed to fall upon Funds which would have to be
provided by Parliament.

In like manner the expenses connected with the
enquiry before the Privy Council might in Their Lordships
opinion be defrayed by the Governments of Vancouvers Island
and British Columbia jointly.



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FILE: 1861-05-25_Hamilton_to_Rogers_Permanent_Under-Secretary_B615TE13.txt
================================================================================

Hamilton to Rogers (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 a Bill drawn by Mr J. Douglas
for the sum of £900 being the amount of Salary due to him
as Governor of British Columbia for the 1/2 year ended 31
Decr 1860.



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FILE: 1861-05-25_Murdoch_to_Elliot_Assistant_Under-Secretary_V615LN05.txt
================================================================================

Murdoch to Elliot (Assistant Under-Secretary)

In my letter of 30th March last I stated that it would be my duty at
a future day to submit to the Duke of Newcastle a report on the
Hudsons Bay Cos accounts [marginal note: herewith returned] of
expenditure connected with Vancouvers Island which accompanied your
letter of 26th March. I now proceed to submit such a report, but in
doing so it will be convenient that I should recapitulate very
briefly what has already passed on the subject.

2. At the close of 1857 Her Majestys Government gave notice to the
Company of the intention of the Crown to resume Vancouvers Island,
and called on them for a statement of the amount of which under the
grant of Janry 1849 they would be consequently entitled to claim
repayment.

3. The Company in answer sent in a claim embracing their whole
expenditure to the amount of £225,699—but on being informed that
H.M. Government did not propose to take over the property or
Establishments connected with their Commercial transactions they
reduced their claim to 3 items only vizt.

1. Balance due on VanC. Isld )

Trust account for works & ) 8505. 6.11

Establishments to 31st Decr 1857 )

2. Cost of sending out Settlers 25550.—.—

3. Expense of searching for Coal )

at Fort Rupert ) 12469. 4. 7

___________

£46524.11. 6

The first two items (assuming the details to be properly vouched)
were at once admitted—but respecting the third a correspondence
ensued which ended in an Agreement to divide it equally between the
Government and the Company. The account therefore at the
commencement of last year stood, as far as it had been rendered, as
follows.

Claims admitted by the Government )

(£8505.6.11 + 25550) ) £34055. 6.11

Half expense of Fort Rupert 6234.12. 3

___________

£40289.19. 2

subject, however, to the completion to the end of the year of the
Vancouvers Island Trust Account. That Account had nominally been
furnished to 31st Decr 1857, but the subsidiary accounts from the
Colony had really been made up only to October 1856. But it was
stated in a note that the receipts & disbursements from that date to
October 1857 would probably reduce the balance against the Crown by
about £600, leaving that balance therefore, in October 1857 somewhat
under £8000. Under these circumstances, considering the extent of
the Land sales in the last two years and the high prices which had
been obtained, it was anticipated that the completion of the account
would still further reduce the balance against the Crown, even if it
did not throw it on the other side. The sum, therefore, paid to the
Company on account last year was limited to £25000.

4. The volume now before me brings up the Accounts between the
Company and the Crown to 31st December last, but with a different
result from what had been expected. Instead of showing a balance
against the Crown after giving credit for the above £25000 of about
£15000 the Company make out a balance due to them of £53,569.14.2.
The excess, therefore, is upwards of £38000 or after giving credit
for £24000 of outstanding land claims, upwards of £14000 upon
accounts which profess to extend only over an additional 3 years. I
proceed to explain as far as I am able to do so, in what manner this
large excess is created.

5. First a sum of £15.123.19.3 is charged for services & expenditure
of various descriptions extending generally from 1851 & 1853 to May
1859. Among these charges the principal are:

For the Salary of the Secretary )

to the Governor & Treasurer ) £ 1600.—.—

Maintenance of the Governor 2062.10.—

Government Office Messenger 600.—.—

Powder and Arms &c 825.—.—

Medical attendance & Medicines 1200.—.—

Maintenance of Clergyman 687.10.—

Maintenance of Chief Justice )

and Clerks ) 3128. 2. 7

Services of Steamer "Otter" as )

a Guard Ship ) 4000.—.—

___________

£14103. 2. 7

Now of these charges, which being either in the nature of Salaries or
of estimated expenditure are spread equally over the whole periods
for which they are respectively charged, three fourths had been
incurred before the 31st Decr 1857 to which date

*

the Companys accounts were furnished in February 1858. There is no
explanation of the ground on which they are now brought forward
further than the words "per statement received from Alexr G. Dallas
Esq dated Janry 1860" appended to them. But if, as may be assumed
from their silence, the Company did not consider themselves entitled
in February 1858 to make a charge for such services it will be
necessary that they should explain upon what principle they have now
changed their view. Any estimate which H.M. Government may make of
their liabilities to the Company must be valueless if the Company are
at liberty thus to reopen accounts which have been once sent in

**

and admitted, for the purpose of interpolating new charges.

6. Second. Interest on balances is charged to the extent in all of
£3279. 6. 5. The principle on which this interest is calculated is
not stated, but I conjecture it to be at the rate of 5 percent on the
mean amount of the balance assumed to be due in each year. Whether
this is a customary and correct mode of calculation I am unable to
say. But it appears to me very questionable whether the Company is
entitled to claim any interest at all.

***

The delay in settling these
accounts arose first from the introduction into them by the Company
of inadmissible items—and second from the delay of the company in
furnishing complete statements. The only professedly complete
account furnished by the Company is that
now under consideration which was received at the Colonial office
only at the end of March last.

7. Third. Additional sums amounting in the aggregate to £34300 are
charged for buildings, Establishments &c. Of this £13641.7.5 would
appear from the manner in which it is brought to account in the
"Balance Account" to be of the same nature as £6956.15.1 charged in
the account to Decr 1857, i.e. to be expenditure on buildings or
permanent structures.
****

The items which compose the remaining £20.660. may be found in the
"Vancouvers Island Trust Account," and appear to be for
Administrative expenses—such as the administration of Justice—the
Survey Department—Road making—Militia—Churches & Schools—Gaol—"General expenses" &c. These if properly vouched would appear to
be legitimate charges.

*****

8. Fourth. A sum of £1000 is charged as Cash advanced to the
Governor on his Bill.

9. Fifth. The sum of £3490 is charged as Commission on Land Sales,
and £160 on Royalties at the rate of 10 per cent. At the same time
the amount with which the Company debit themselves on account of Land
Sales is only £11430. The apparent discrepancy arises from the fact
that on the 31st Decr last there was, according to a statement in
the Company's account, a sum of £24056.18.4 still outstanding on Land
sales effected in October 1858. This amount will of course be
hereafter paid to the Crown.

10. These are the principal items to which I think it my duty to
call the Duke of Newcastle's notice, but I am bound to add that from
the manner in which the accounts are made up I cannot feel any
confidence in the scrutiny to which we have been able to subject them
in this Office. The accounts are divided into (1) a Chief account,
(2) a series of Fur Trade Outfit accounts, (3) Forty three
subordinate accounts, (4) The Vancouvers Island Trust account, (5) A
Stock Account, and (6) a balance account. The items comprized in
them appear to have been extracted from the Hudsons Bay Companys
Books where they formed no doubt a portion of the General and much
more extensive accounts of the Company, and they have thus fallen
naturally into the form in which they are here presented. But
without an acquaintance with the principles on which the Hudsons Bay
Company's accounts are kept we cannot do more where doubts arise than
guess at the explanation of the entries which we find here. For
instance—with a few exceptions all the principal charges appear
first in the Fur Trade outfit accounts. Among these charges we
constantly find the item "supplies" for a specified service—which
item is subsequently transferred to its appropriate subordinate
account. So far all is clear. But many of these items are
afterwards credited to the Comp[an]y partly in the Vancouvers
Island Trust Account and partly in Balances. There is no explanation
of the reasons for this distribution and we can only, therefore,
suppose that part of the supplies were for permanent and part for
transitory services, and that they have been charged accordingly.
But this is merely a conjecture adopted for want of any other way of
explaining the matter. I may add that the amount expended under the
term "supplies" or the equally indefinite terms "expenses", "Cash",
"outlay" or "sundries" is in the whole upward of £35000.

11. Again the amounts with which the Company debit themselves for
Land Sales appear to have been in the first instance carried chiefly
to the Fur Trade outfit Accounts, but also partly to the Hudsons Bay
Company's Accounts and the Land Office account, and whilst a portion
of them have been carried through the Land Sales account, a large
portion do not appear there at all. I am unable to explain the
reasons for these different processes.

12. If then H.M. Government should think it necessary (as I presume
they will) to subject these accounts to a careful examination and to
require the production of proper vouchers before any further payments
are made to the Company the most satisfactory course would probably
be to entrust the duty to the Commissioners of Audit or to a
professional Accountant. Whoever is employed must pursue his
examination at the Hudson's Bay Co's house, and must depend on the
Company's Officers for assistance in performing his Task. A
reference to the Company's Books will be constantly necessary, and
the Company could not of course be expected to trust them out of
their own custody, but they would probably not object to allow any
person commissioned by the Government such access to them as may be
necessary.

13. That such an examination can, however, be speedily executed or
can fail to give rise to a multiplicity of questions it would be too
much to expect. The largeness of the terms in which the grant of
Janry 1849 is couched leaves a wide field for discussion as to the
principles by which the Company's claims are to be governed. It may
under these circumstances be worth considering whether it might not
be easier and more convenient to settle the questions between the
Crown & the Company by a reference to Arbitration rather than by
attempting a strict enforcement of the terms of the grant of Janry 1849. In considering that question it will be desirable to bear in
mind the manner in which the amount to be repaid by the Crown on the
resumption of the Island is described in that grant.

******



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FILE: 1861-05-28_Davidson_to_Newcastle_B616D01.txt
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Davidson to Newcastle

I take the liberty of addressing your Grace being a Settler in
British Columbia come home to bring out my family—on the expectation that we may get a Governor for that fine Colony besides the present one whose rule is ruining and keeping it back as your Grace will learn in full from any of the respectable gentlemen
whose names I give on the other page * who came home from there the other day and are well qualified to give
your Grace all information.



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FILE: 1861-05-28_Hamilton_to_Rogers_Permanent_Under-Secretary_V615TE04.txt
================================================================================

Hamilton to Rogers (Permanent Under-Secretary)

I am directed by the Lords Commissoners of Her Majesty's Treasury to
acquaint you, for the information of the Duke of Newcastle, with
reference to the letter of the Board of 17 Inst, that Their Lordships
have directed the acceptance by the Paymaster General of two further
Bills—No 10 for £1000, and No 11 for £500—which have been drawn by
G.T. Gordon, Treasurer of Vancouver's Island—the service for which
the amounts are drawn not being stated in the Bill.

My Lords presume that these Bills have been drawn on account of
further expenses connected with the Marines at San Juan, but They
request that the Governor of Vancouver's Island may be instructed to
report the service for which the Bills have been drawn, and to give
directions that the service may be in future specified on all Bills
that may be drawn by the Treasurer or Acting Treasurer of Vancouver's Island, as well as of British Columbia.



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FILE: 1861-05-29_Newcastle_to_Douglas_B617080.txt
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No. 80

With reference to your despatch No. 98 of the 29th of November last
I have to acquaint you that the Articles required for the Assay and Melting office in British Columbia were shipped on board the "Prince of the Seas" on the 14th Instant for conveyance to the colony.



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FILE: 1861-05-30_Newcastle_to_Douglas_V617058.txt
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No. 58

With reference to your despatch No. 7 of the 21st of January 1861
I have the honor to transmit to you herewith a copy of a letter from
the Board of Trade containing a list of stores for the Lighthouses at
Vancouver Island which have been shipped in the Vessel "Prince of the Seas" which sailed from London on the 20th Instant. I enclose for your
information the Bill of Lading of these stores.



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FILE: 1861-06-03_Henry_to_Newcastle_V616H01.txt
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Henry to Newcastle

Having been shewn in the Adjutants Office
at these Barracks a scale of pay and allowances granted to the
Officers, Non-Commd Officers, and Privates, of the Royal
Marines who served at Vancouver Island, for a period of 15 or 16
months, and Approved by "Rear Admiral Sir Robert Lambert
Baynes"—

The amount that I am entitled to as Pay, and Quarter Master on
the Staff, during the whole period, and part of the time as
Captain appearing to be £293—

I have the honor to request you will be pleased to have the Same
paid into the hands of my Agents Messrs W & E. Chard, 3
Cliffords Inn, London.



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FILE: 1861-06-03_Newcastle_to_Douglas_V617058A.txt
================================================================================

Separate

My attention has been called to the inadequate supply of Funds
which is frequently maintained in the hands of the Agents General for
Crown Colonies, and which makes it necessary for them in order to meet
the liabilities incurred on account of particular colonies, to avail
themselves of the general funds placed in their hands for other services.
I therefore called for a general statement, shewing the sums overdrawn
from that Agency by various colonies at the close of every month for the
period from the 1st of April 1859 to the 31st of March 1861.

In the case of Vancouver Island there has appeared for several
months a continued overdraft. It is small in amount, but is
increasing, and I am informed that the Agents General have never
received any remittance from your government. It will be desirable
that you should keep the Agents General supplied in advance with such
Funds as may be necessary to meet the demands on them for the services
of your Government, as the present system of overdrafts may be attended
with considerable inconvenience.



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FILE: 1861-06-04_Douglas_to_Newcastle_B61035SP.txt
================================================================================

Separate

Since my departure from Victoria on the 10th May, I have visited in succession the towns of New Westminster, Hope, Yale,
and Lytton from whence I have now the honor of addressing Your Grace.

2. It is not necessary to trouble Your Grace with remarks on
the condition of those towns which all exhibit a satisfactory degree of progress, yet nothing more than was anticipated from
the quiet and prosperous state of the Colony.

3. The most interesting feature about New Westminster, are the newly formed lines of road through the densely wooded country North of that Town, which has induced settlers to turn their
attention that way and will probably lead to the rapid extension
of settlement, in the direction of Burrards Inlet. A similar result, in promoting early settlement, is anticipated from
another new line of road which is being formed on the left bank
of the Fraser, commencing a little below New Westminster and
running in a Southerly direction towards the frontier. The
forrests opposite the Town are beginning to yield to the
woodman's efforts, and one enterprising proprietor Mr Brown, has discovered on his ground, a large tract of excellent land, which certainly cannot be surpassed in point of fertility or quality of soil.

4. Many land claims have been taken by settlers along the Fraser, yet in my progress from New Westminster to Hope, there
was scarcely a trace of improvement or any observable inroad
on the forest. The Pre-emption Act is however beginning to work
its effect, and will, as I confidently believe, ere long, make
a decided change on the face of the country.

5. Several industrious settlers probably about 80 in number
have taken land around Hope and Yale, and are toiling assiduously
in clearing and preparing the soil for crops. The carriage road
from Hope towards Shimilkomeen of which about 12 miles are now
open to travel, is a great accommodation to settlers who eagerly
grasp at every improvable piece of land to which it gives access.

6. Captain Grant with a detachment of 80 Royal Engineers
under his command, and about 80 Civilian labourers, is employed
in the formation of that road, which we hope to complete before
the return of winter, providing always that the public revenue
continues in a prosperous state, and our funds do not in the
mean time fall short.

7. I am especially anxious for the completion of that highly
important work so valuable as a military road leading towards the
frontier and as an outlet for the trade of the most fertile
agricultural districts of the Colony, and from discoveries which
are being continually made, probably the most auriferous. Every
successive discovery indeed tends to confirm the impression that
the Gold Fields which have been struck at Rock Creek and Quesnel River or Caribou are but two points in a range of auriferous mountains containing incalculable wealth, which, commencing at
Rock Creek N. Lat. 49 W.L. 118.30 run almost due north between Great Okanagan Lake and the Columbia River to Latitude 51 and
from thence along the North River in a North by West direction
through the Quesnel and Carriboo Country to the banks of the Fraser River N. Lat. 54 W.L. 123 a total distance of nearly 330 miles, a theory which if correct opens a magnificent vista of future greatness for the Colony.

8. We saw very little mining between Hope and Yale, the miners
having been generally driven from their claims by the high state
of the River.

9. Entering the passes of the Fraser beyond Yale we pursued
our route over the new road amidst scenery of the grandest description. Mountains rising to the skies on both sides of the narrow pass, and
immediately beneath the Fraser frantically tearing its way in foaming whirls, convey a faint idea of the scene. Neither are softer features wanting, every spot of earth being prolific of vegetation and the mountain sides covered with the most beautiful flowers.

10. Settlers, true to their instincts, have followed the new
road even into the passes and are bringing every spot of tillable
land into cultivation. At the Great Falls two adventurous
Frenchmen have built a Kiosk and laid out a pretty little garden
for the entertainment of visitors. The traveller has no reason
to dread a journey through this part of British Columbia, as at
every few miles, is to be found a way-side inn, with refreshments
of every kind.

11. The new road on Fraser River from Spuzzum to Quayome runs
along the face of frightful precipices but is nevertheless perfectly
safe for horse and mule travel.

12. There is a great deal of good mining ground between Yale
and Lytton and the miners of the district have displayed an unusual
degree of skill and enterprise in conducting water to their claims
by means of canals and viaducts, from the distant mountains.

13. One of these works called the "Poor Man's Ditch" the
property of Mr Melodey and three other natives of Ireland who came
to this Colony in the year 1858 entirely without capital and commenced their career as simple miners, is seven miles long, and
has cost them about 15000 dollars. These persons have another
expensive work of the same kind on Van Winkle Flat which now yields them a very handsome income.

This is not a solitary instance of successful enterprise, as
almost all their contemporaries who have remained in the Colony
since the year 1858 are now possessed of wealth and position, and considering the advantages offered to emigrants, one only regrets
that a greater number of Her Majesty's subjects have not made
British Columbia their home.

14. Much remains to be done for the improvement of this part
of the Colony. A carriage road from Quayome to Lytton is the work that demands our more immediate attention. Its importance is evident and the people of Lytton have, almost to a man, come forward with a Petition praying that it be made without delay, and a further tax levied on goods carried inland to defray its cost, which will probably not fall short of £10,000.

15. I propose leaving this place today for Cayoosh by the Buonaparte River, the great stock range of the Colony, where I expect to meet with many settlers.

16. I would also inform Your Grace that we are daily receiving
the most extraordinary accounts of the almost fabulous wealth of the Antler Creek and Carriboo diggings. Mr Palmer a respectable merchant who arrived the other day from that part of the country
with nearly 50 pounds weight of gold, which he kindly allowed me
to examine, assured me that these accounts are by no means exaggerated.
As an example of the extraordinary wealth of the country he mentioned
that four of his friends who are associated in a mining company, were
making regularly from 16 oz to 37 oz of gold a day, being 4 oz to
9 1/4 oz each; by "fluming" another company of four men washed out with cradles, in his presence, 36 oz of gold in one day, and
the yield of ordinary mining claims is from 20 to 50 dollars a day
for each man employed.

17. The gold in Carriboo is not confined to the Rivers. It
is found in the Gulches and Table land 300 and 400 yards from the
Rivers and much beyond their highest levels. About a foot of
gravel overlies the bed rock of light colored shale extremely soft
or in mining phrase "rotten", where the gold is found in the rents of the shale. He says there are mountains of quartz, and he is of
opinion that some of the richest quartz leads in the world, will
be found there.

18. Mr Barnston another respectable traveller from Carriboo,
corroborates Mr Palmer's testimony, and adds that he never before
saw a class of men more elated with their prospects than the miners
of Quesnel, they look to a successful season and expect to leave
the country in the autumn with their fortunes made. He feels
assured of the almost fabulous wealth of the country, ordinary
claims pay 50 dollars a day to the hand, and he knows one company
of four men working on Antler Creek, who each receive 1000 dollars
a week from their mining claim.

19. The testimony of other persons is confirmatory of these
extraordinary statements, a private note dated 28th May 1861
from Mr Nind the Assistant Gold Commissioner for Quesnel River
Districts has the following remarks: "The news is still good from above. We have the right thing at Carriboo." So that all things
considered, I see no reason for doubting the correctness of the
current reports, and I am sorry indeed that so small a portion of
that wealth should at present be reaped by Her Majesty's subjects.



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FILE: 1861-06-04_Douglas_to_Newcastle_B61036.txt
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No. 36

I have lately had occasion to devote my closest attention
to a highly important subject; the method adopted by the Chief
Commissioner of Lands and Works for the conveyance of public land
in this Colony, which was obviously leading to error and confusion.

2. The sale and conveyance of public land in British Columbia
is regulated by the Proclamation of the 14th February 1859.
The provisions of the Act, so far as they respect the alienation of land, are clear and simple: all public land having after survey
to be put up for sale by public auction, and whatever remains at
such auction unsold, is afterwards disposable by private contract
at the upset price. The rule applies to all surveyed land, which
cannot otherwise be legally conveyed.

3. The circumstances of the Colony rendering it expedient, as
I have fully explained in my despatches to Your Grace, to open the
whole country to immediate settlement, the Proclamation of the 4th
Jany 1860 known as the Pre-emption Act was issued, for the purpose of throwing open the unsurveyed Districts of the Colony for settlement, and of enabling bonâ fide settlers and improvers to
acquire land and to make homesteads for themselves without waiting
for the Official survey to be completed, which it will take years
to accomplish.

4. The only two methods therefore of acquiring public land in
British Columbia, as by law established, are as follows:

1. The absolute purchase for cash of land included in the
official survey, under the Proclamation of the 14th Feby
1859 without conditions of settlement.

2. The acquisition, without purchase, of land not included
in the official survey, on condition of continuous residence
and improvement and payment at the upset price, after the
official survey, under the Proclamation of 4th Jany 1860.

5. Title deeds are in all cases issued to the purchaser, for
lands sold under the first of those Proclamations there being no
difficulty in describing and identifying the land by the Official plans.

6. On the other hand, lands held under the Pre-emption Act,
which deals exclusively with unsurveyed land, cannot be identified
otherwise than by actual occupation, and the residence of the
persons desirous of acquiring them, therefore continuous residence
and occupancy are made conditions of the tenure, and being complied
with, constitute, with the Certificate of Record and Deposit from
the local Magistrate, the foundation of a perfect Title till the
Official survey is made.

7. This necessary distinction in the conditions of surveyed
and unsurveyed land, has been overlooked by the Chief Commissioner
of Lands and Works; who moreover appears to have entirely
misunderstood the object of the 7th section of the Pre-emption
Act, which is intended to enable settlers on the same condition of
residence and by payment of a deposit of 5/s per acre, to acquire
larger tracts of unsurveyed land than 160 acres, the deposit in
such cases being regarded as a proper security against speculation
and a proof that the land is wanted for actual settlement.

8. I find that in consequence of that misunderstanding, the
Commissioner of Lands and Works has sold several tracts of
unsurveyed land at the upset price without stipulations as to
residence and improvement, and has issued to the purchaser a
document termed a "Certificate of Title", which is really
however nothing better than so much waste paper, and has thereby
placed the Government in the false position of having made sales
of land which cannot be identified, nor without residence can
the purchaser be protected in his proper rights.

9. I lost no time in taking measures to put an end to a
system so fraught with evil, which would have plunged the affairs of the Land Department into a state of irretrievable confusion,
and led to endless conflicts about the ownership of land.

10. A copy of my instructions on this subject to the
Commissioner of Lands and Works and also to the District
Magistrates is herewith transmitted for Your Grace's information,
and I shall see that those instructions are fully understood
and strictly carried into effect in the course of my progress
through the Colony.



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FILE: 1861-06-05_Lugard_to_Elliot_Assistant_Under-Secretary_V615WA04.txt
================================================================================

Lugard to Elliot (Assistant Under-Secretary)

I have laid before the Secretary of State for War your letter of the
22nd Ulto
together with its enclosure from the Governor of Vancouver Island in which he requests to be furnished
with 500 stand of arms for the use of the Volunteer Force in that Colony.

In reply I am to request that you will acquaint
the Duke of Newcastle that, in compliance with His Grace's recommendation, Lord Herbert has
given directions for the issue, free of cost, of 500 1st class
Brunswick Rifles, with a suitable supply of ammunition.



================================================================================
FILE: 1861-06-07_Newcastle_to_Douglas_B617081.txt
================================================================================

No. 81

I have the honor to acknowledge the receipt of your despatch No. 12
of the 7th of February, transmitting the detailed Estimates of the
Revenue and Expenditure of British Columbia for the year 1861, and explaining the grounds on which provision has been made in them for certain increased rates of salary to the principal Civil Officers of the Colony.

I have to convey to you my approval of these Estimates and also of
the general arrangements submitted by you in connection with the
salaries of the Civil Service of the Colony.

There is, however, one item to which my attention has been directed
and which I am unable to sanction, viz the allowance of two hundred
pounds per annum to the acting auditor: the salary allotted by my
Predecessor to the Colonial Secretary for the discharge of the combined
duties of his Office and that of Auditor was five hundred pounds. These
duties he ought now to perform for the Colonial Secretary's increased
salary of eight hundred pounds, and Her Majesty's Government cannot
approve of assigning to him over and above the increase of his salary,
an acting allowance of two hundred pounds per annum as Auditor.



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FILE: 1861-06-08_Murdoch_to_Elliot_Assistant_Under-Secretary_V615LN06.txt
================================================================================

Murdoch to Elliot (Assistant Under-Secretary)

I have to acknolwedge your letter of 3rd instant enclosing one from
the Governor of the Hudson's Bay Co, in which it is stated that in
compliance with the desire expressed by the Duke of Newcastle,
instructions had been sent to the Agent of the Company in Vancouvers Island to suspend the sale of the Water frontage in the Town of
Victoria claimed by the Company as their private property.

2. Under these circumstances there is nothing more to be done in the
matter at present.



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FILE: 1861-06-12_Murdoch_to_Rogers_Permanent_Under-Secretary_V615LN07.txt
================================================================================

Murdoch to Rogers (Permanent Under-Secretary)

I have to acknowledge your letter of 4th instant enclosing a
Despatch from the Governor of Vancouvers Island with an Address
from the House of Assembly, on the subject of the extinction of
the Native Title to Land in that Colony.

2. The Assembly represent that nearly three years ago many
Colonists purchased Land over which the Native Title has not yet
been extinguished, at the rate of £1 per acre, that the Natives
being well aware of the sums paid to other Natives for the
extinction of their Title refuse to allow the Colonists to take
possession of the Land, that any attempt to do so by force would
produce collisions and render the Natives, who are numerous and
warlike, hostile to Settlers, and that the existence of the
Native title has deterred many persons from settling on the
Island. The House of Assembly express an opinion that the
Imperial Government is bound to extinguish the Native Title, and
pray that early steps may be taken for that purpose.

3. Governor Douglas concurs with the Assembly as to the
importance of extinguishing the Native Title as early as
possible. He observes that the Indians of Van Couvers Island
have distinct notions of property, and would resent any attempt
on the part of Settlers to occupy land over which their claims
had not been extinguished. He states that up to 1859 he had
made it a practice to buy up the Native rights prior to
establishing a Settlement, and that he had been able to do so at
a cost not exceeding £2.10. to each family, that all the settled
Districts except three have been already bought up, and that
even at the present enhanced value of Land, these three could
probably be bought at a cost of £3 to each family, or a total,
assuming the Native population at 1000 families, of £3000. He
suggests that this sum should be advanced by the Imperial
Government to be repaid out of the proceeds of Land Sales as
soon as they are sufficient for the purpose.

4. Of the importance & practical economy of at once
extinguishing a claim which must be a continual source of
danger, and which can scarcely fail to grow in amount as time
goes on, there can be no question. It is due moreover to the
Settlers who have paid for Land of which, so long as this claim
exists, they cannot take possession without risk to the peace of
the Settlement. The only question is the source from which the
money should in the first instance be obtained. This apparently
must be either from the Imperial Treasury or by a Loan in the
money market. But a Loan for so small a sum and for a Colony so
little known as Vancouvers Island could not probably be obtained
without an Imperial Guarantee except on very disadvantageous
terms. Whether the money should be advanced from the Imperial
Treasury is a question which belongs to the Lords Commissioners
of the Treasury, and I would suggest that it should be submitted
to them. There cannot of course be a doubt that from whatever
source the money is in the first instance drawn it must
eventually be paid out of the Land Revenues of Vancouvers
Island.



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FILE: 1861-06-12_Newcastle_to_Douglas_V617059.txt
================================================================================

No. 59

I have the honor to transmit to you herewith the copy of a letter
from the Treasury, relative to the Bills which you reported in your
despatch No. 48 of the 14th of November, and No. 17 of the 19th of February last that you had drawn on Her Majesty's Paymaster General for the extra pay of the detachment of Royal Marines at present serving in
San Juan.

The expenditure on account of these Marines while serving in
British Columbia and while stationed in San Juan is chargeable to separate accounts in this Country, and I have to instruct you in
compliance with the request of the Lords Commissoners of the Treasury
to furnish particulars of the services for which you have hitherto
drawn Bills on the Paymaster General, and for the future to specify the
service upon the Bills themselves, in order that the amounts of your
drafts may be provided for from the proper sources.



================================================================================
FILE: 1861-06-13_Cox_&_Co._to_Rogers_Permanent_Under-Secretary_B616C04.txt
================================================================================

Cox & Co. to Rogers (Permanent Under-Secretary)

We have the honor to enclose a certificate showing that
Colonel R.C. Moody, Royal Engineers, was alive on the 4th April
last, and request that an authority may be issued to the Paymaster
General to pay the amount due to him as Chief Commissioner of Lands
& Works, British Columbia, March quarter 1861.



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FILE: 1861-06-14_Blake_to_Secretary_of_State_V616B02.txt
================================================================================

Blake to Secretary of State

I shall esteem it a great favour if you will kindly inform me if the
allowances granted to the Marines for Service in V. Island are likely
to be paid soon. As I have been in England a year I would submit
that the grant due to me according to the Paysheets, which you have,
might be paid from the Colonial Office to me now—as I could not have
been included in the list of sums drawn by the Governor of
V.I.—being in England at the time the money was granted by the Duke
of Newcastle.

Begging the favour of an answer, and that my views may be favourably
entertained.



================================================================================
FILE: 1861-06-14_Newcastle_to_Douglas_V617060.txt
================================================================================

No. 60

In answer to your despatch No. 19 of the 19th of February last, I have the honor to acquaint you that in compliance with your request the Secretary of State for War has given directions for the issue free of
cost, of five hundred first class Brunswick Rifles with a suitable supply of ammunition for the use of the Volunteer Force in Vancouver Island.



================================================================================
FILE: 1861-06-15_Newcastle_to_Douglas_B617082.txt
================================================================================

No. 82

With reference to my despatch No. 57 of the 5th of April last I
have to acquaint you that the name of Mr Henry Pering Pellew-Crease,
resident in Vanc. Island and the Senior Barrister of the Colony, has
been favorably brought under my notice, and that I am prepared to
appoint him to the vacant office of Attorney General for B. Columbia provided that you are of opinion that the vacancy ought to be at present filled up.

In the absence however of any recommendation from yourself I have
not submitted Mr Crease's name to The Queen, but in the event of your
considering him fully qualified to fill the Office, and subject to the
above proviso the necessary steps will be taken for the final
confirmation of the appointment.



================================================================================
FILE: 1861-06-15_Newcastle_to_Douglas_V617061.txt
================================================================================

No. 61

I have to acknowledge the receipt of your Despatch No. 9 of the
7th of February last on the subject of the intended sale by the
Hudson's Bay Company of the Water frontage of the City of Victoria.

I enclose for your information a copy of a letter which I caused
to be addressed to the Governor of the Company together with a copy of
Mr. Berens' reply from which you will learn that directions have been
sent to the Company's Agent at Victoria to suspend the sale of the Land
in question.



================================================================================
FILE: 1861-06-17_Lugard_to_Rogers_Permanent_Under-Secretary_V615WA05.txt
================================================================================

Lugard to Rogers (Permanent Under-Secretary)

I am directed by the Secretary of State for War to transmit to you
for the consideration of the Duke of Newcastle the inclosed copy of a
letter from Colonel Moody, Commanding the Royal Engineers in British Columbia, in which he urges that if Barracks are to be built in
Vancouver Island no time should be lost in securing the requisite
site.

Before taking any steps for carrying out this suggestion, Lord Herbert would wish to be informed whether the Duke of Newcastle is of
opinion that it will eventually be necessary to station a Regiment of
Infantry in Vancouver Island, and whether in that case the expense of
providing Barrack accommodation should be borne by the Local or
Imperial Government.



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FILE: 1861-06-17_Paget_to_Rogers_Permanent_Under-Secretary_V615AD03.txt
================================================================================

Paget to Rogers (Permanent Under-Secretary)

In reply to Mr Elliot's Letter of the 15th Inst; I am commanded
by my Lords Commissioners of the Admiralty to state, for the
information of His Grace The Duke of Newcastle, that no Ship of War
is likely to be shortly dispatched to the North Pacific Station which
could convey 500 Stand of Rifles to Vancouver Island from this
Country for the use of the Volunteer Corps in the Colony.



================================================================================
FILE: 1861-06-18_Hamilton_to_Rogers_Permanent_Under-Secretary_B615TE14.txt
================================================================================

Hamilton to Rogers (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 & pay a Bill for the sum of £450 drawn
by Mr J. Douglas, Governor of British Columbia, for Salary
in respect of the Quarter ended 31st March last.



================================================================================
FILE: 1861-06-18_Langford_to_Newcastle_V616L01.txt
================================================================================

Langford to Newcastle

I beg most respectfully to claim your Grace's attention to the
statement herewith forwarded; a statement containing complaints
of a serious nature against certain Government Officials in
Vancouver's Island.

Statement

At the General Election that took place in Vancouver's Island in
January 1860, I was solicited by numerous Electors of the Town
of Victoria to come forward as a Candidate to represent them in
the Assembly; I acceded to their request and published an
address explanatory of my opinion on the affairs of the Colony,
founded on the experience of nearly nine years residence therein
having been nearly the whole of that time a magistrate and
chairman of the Sessions.

A few days after my address was published, an anonymous libel
(in the shape of a placard) was published and posted in the Town
containing insulting allusions to my family, and also defamatory
of my private character.

The printer of this libel refused on being applied to, to give
[one line cut off microfilm] I then hoping to compel a
disclosure of the names of the authors, brought an action
against the printer, in the supreme Court of Civil Justice.

The proceedings in Court at the trial, were of an improper,
illegal and vexatious character; and on my refusing to answer a
question which was irrelevant to the statement contained in the
declaration, inquisitional and harsh in its tendency, and which
affected the interests of Board of Trade at large, I was removed from
the Court in Custody of the Sheriff, the examination for the
defence was carried on in my absence evidence which I had given
on oath was struck out by direction of the Judge and a nonsuit
recorded; I was then brought into Court, was sentenced to be
imprisoned in the common jail, and to pay a fine of £10. I was
taken to prison and locked up with felons, Indians and maniacs.

A bill of costs was afterwards sent in by the Attorney General,
who acted both as Attorney and Counsel for the defence,
amounting to £90.9s.2d which I declined to pay; judgment was
then entered up for the amount of the Attorney General's bill of
costs, and my furniture and other effects seized under an
execution; when two days prior to the time at which the sale was
advertised to take place I was presented by a Committee of
Gentlemen with the sum of 500 dollars, the amount of a
subscription raised by the Inhabitants of the Island, for the
purpose of enabling me to satisfy the amount of the execution,
which I did on the 14th July 1860.

In October last I accidentally made the discovery that the
Attorney General's bill of costs contained items of payment
which had never in fact been made, and soon after [one line cut
off microfilm] the libel against me, revealed to me the name of
the author of the libel: it was Mr Begbie, Judge of British Columbia, and he further informed me that Mr Good (then, and I
believe now the private Secretary to Governor Douglas) brought
the libel in manuscript to the printing office, and Capt Ring
further told me that Mr Good gave him £20 to pay to the
Attorney General, stating that he was to defend the action.

It is my wish that Your Grace should distinctly understand,
that, in bringing the circumstances above mentioned to your
notice, it is not my object to seek any pecuniary redress
whatever for the ill-treatment that I have received, but that it
is an official enquiry which I ask for, concerning acts which I
believe Colonial Officials have been guilty of, disgraceful to
them in their official capacity: and when your Grace may be
satisfied that my complaints are well grounded, I feel assured
that such acts as my statement contains would not be allowed to
be perpetrated with impunity in any of Her Majesty's Colonies
however distant or insignificant.



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FILE: 1861-06-19_Wodehouse_to_Rogers_Permanent_Under-Secretary_V615FO05.txt
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Wodehouse to Rogers (Permanent Under-Secretary)

I am directed by Lord John Russell to request that you will state to
the Duke of Newcastle that He would be glad to be informed whether
any orders have been given that a Regiment of the line should proceed
to Vancouver's Island.

Lord John Russell suggested the expediency of this measure in a
letter to the Colonial Office of the 8th of November last, and he
repeated the suggestion in a letter dated the 21st of January. His
Lordship now considers it highly desirable that a Regiment should be
despatched to that Quarter, as marauders are likely to abound, who
may be disavowed if they fail, but who will be supported and avowed
if they are successful.



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FILE: 1861-06-20_Barnard_to_Rogers_Permanent_Under-Secretary_V615AG01.txt
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Barnard to Rogers (Permanent Under-Secretary)

I have the honor to enclose for the information of His Grace the Duke of
Newcastle an account received from the Stationery Office, for
Stationery supplied to the Government of Vancouver's Island,
amounting to the Sum of £5.16.11; and as it appears that the
Stationery in question was ordered by the Colonial Department, I beg
to request that you will favor me with instructions as to the payment
of the Amount.



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FILE: 1861-06-24_Douglas_to_Newcastle_B61037.txt
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No. 37

I have the honor to acknowledge the receipt upon this
date of your Grace's despatches of the numbers and dates noted
on the other side hereof.

*



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FILE: 1861-06-24_Douglas_to_Newcastle_B61038.txt
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No. 38

I have the honor to acknowledge the receipt on this date
of Your Grace's despatches of the numbers and dates noted on
the other side hereof.

*



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FILE: 1861-06-24_Douglas_to_Newcastle_V61038.txt
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No. 38

I have the honor to acknowledge the receipt upon this date of your
Grace's despatches of the numbers and dates noted on the other side
hereof.

*



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FILE: 1861-06-24_Douglas_to_Newcastle_V61041.txt
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No. 41

In compliance with the instructions conveyed to me in your Grace's
despatch No. 42 of the 23rd November last,
I have instituted an inquiry respecting the effects of Mr
Samuel Heseltine who died here on the 5th September
1859 and I have the honor to
forward herewith a full Report on this subject which I have received through the hands of the Chief Justice, from the Registrar of the
Supreme Court.



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FILE: 1861-06-24_Douglas_to_Newcastle_V61043.txt
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No. 43

I have the honor to acknowledge the receipt on this date of your
Grace's despatches of the numbers and dates noted on the other side
hereof.
*



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FILE: 1861-06-24_Hamilton_to_Rogers_Permanent_Under-Secretary_B615TE15.txt
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Hamilton to Rogers (Permanent Under-Secretary)

In reply to your Letter of the 17th Instant, I am
commanded by the Lords Commissoners of Her Majesty's Treasury
to acquaint you that the Paymaster General has been authorized to pay
to Messrs Cox & Co on account of Col Moody, R.E., Commissioner
of Lands & Works in British Columbia, the sum of £300 for Salary due
to that Officer at the rate of £1,200 per annum for the Quarter
ended 31st March 1861.



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FILE: 1861-06-25_Douglas_to_Newcastle_V61039.txt
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No. 39, Military

Requisition having been made upon me for the sum of One Thousand
Pounds (£1000) to meet payments due to the detachment of Royal
Marines serving on the Island of San Juan, I have the honor to
acquaint your Grace that I have authorized the Treasurer to procure
that sum by Bills on Her Majestys Paymaster General and I have to
request your Grace will 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: 1861-06-25_Douglas_to_Newcastle_V61040.txt
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No. 40

I have the honor to forward to you herewith copy of a letter I have
received from Rear Admiral Sir Thomas Maitland, the Naval Commander
in Chief, with its enclosures reporting the contemplated withdrawal
of the detachment of United States Troops from the Island of San Juan.

2. As this movement is evidently consequent upon the troubles now
existing in the Union, and not from any relinquishment of claim to
the Territory, I would submit to Her Majesty's Government that we
should continue our occupation of the Island until the question of
Sovereignty be settled, for of course we have no guarantee against
the Island being re-occupied by United States Troops at any moment
that they might be available for service.



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FILE: 1861-06-25_Douglas_to_Newcastle_V61043SP.txt
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Separate

With reference to my Despatch No 26 of the 4h April last upon the
subject of the unsatisfactory and uncertain state of the Mail Service
to this part of Her Majesty's Dominions, I have now the honor to
report to your Grace that one of the Steam Vessels which usually
arrive twice a month at this place from San Francisco has come in
this morning without any Mail, the Owners having positively refused
to receive it from Her Majesty's Consul at San Francisco and to carry
it, without being guaranteed a payment of Two Hundred and Fifty
Dollars for the Service.

2. This circumstance will prove to your Grace how completely we are
at the mercy of the United States Vessels, and even if our small
Revenue would admit of the demand being complied with—about Two
Thousand five Hundred pounds per Annum—we have no security for the
continuance of the Service, or for the performance of it in any other
manner than would suit the Owners of the Vessels.

3. In the present troubled condition of the United States and in the
not improbable contingency of their Mail Service being cut off or
temporarily suspended, I need not dilate upon the evils resulting to
these Colonies from the stoppage of communication with the Mother
Country.

4. Independently, however, of these considerations, the injury
inflicted on the mercantile interests of these Colonies, from the
want of direct Steam communication in
English Vessels is very serious. The Vessels leaving San Francisco call at different American Ports en route to this
place—and there are Emigrants for this Colony and British Columbia
enticed away by every description of fraudulent representation; and
the additional risk to the Vessels and freight caused by these
stoppages naturally Entails increased charges for insurance.

5. I write this Despatch hurriedly to save the Steamer just leaving,
but I trust I have said sufficient to induce your Grace to give the
matter Your serious Consideration, and to afford us that aid and
support that we so vitally require.



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No. 62

I transmit to you copies of correspondence between the War Office
and this Department relative to the erection of Barracks in Vancouver Island, and I have to request that you will furnish me with a report upon the question of a site for these Buildings, in the event of Troops
being ultimately stationed there.



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FILE: 1861-06-26_Berens_to_Newcastle_V615MI03.txt
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Berens to Newcastle

I have the honour to acknowledge the receipt of Mr Fortescue's
letter of the 24th instant on the subject of the accounts of the
Hudson's Bay Company in connection with the Government of Vancouver's Island transmitted to Your Grace on the 22nd of March last.

I should not consider it necessary on the present occasion to trouble
Your Grace with any observation on Mr Fortescue's letter, beyond
merely announcing the perfect readiness of myself and Colleagues, to
accede to your Grace's suggestion, that an Accountant on the part of
the Government should be allowed to inspect those portions of the
Company's Books and Vouchers as have reference to the Company's
administration of the Government of Vancouver's Island, were it not
that Mr Fortescue mentions that Your Grace has felt much surprise at
the large amount of the excess now claimed by the Company.

Upon this point I have merely to state that in all my communications
with your Grace on the subject of these accounts I have endeavoured
from time to time to make your Grace aware that the accounts did not
reach this Country in a perfect and final state and that
supplementary demands would probably be made. This was to be
expected from the position of the Company in the Island, where, at
one and the same time, it carried on a large Commercial business and
conducted the Government of the Settlement. From the very nature of
things, where all payments were in the first instance made by the
Company the accounts were not kept very distinct and it required time
as well as research to unravel them. Indeed the mere fact that the
functions of many of the Gentlemen, holding Office in the Island,
were of a mixed character, partly employed in
the service of the Company as Governors of the Island, and partly as
Merchants—shows the difficulty of keeping the accounts separate, and
in such circumstances it is not to be wondered at that there was much
doubt as to many of the charges, and that some items of expenditure
were occasionally charged against the Company, which on investigation
it was found should be charged against the Government.

With these observations and refraining from commenting upon Your
Grace's announcement of objection to the claim of Interest inasmuch
as I am of opinion that these points would be better deferred, as
Your Grace appears to suggest, until after the verification of the
accounts—I have only to add that on the part of this Company I
shall be happy to receive any Accountant Your Grace may appoint for
the examination of the accounts having reference to the Company's
administration of the Island at any time Your Grace may fix upon and
will give instructions that every possible facility shall be afforded
to him in his investigation.



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FILE: 1861-06-26_Douglas_to_Newcastle_V61042.txt
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No. 42, Miscellaneous

In return to your Despatch
No 48 of the 23rd March last,
forwarding copy of a note from the Belgian Minister in England requesting to be furnished with certain information relative
to M. Adolphe Von Lokeren,
I have the honor to transmit herewith to Your Grace copy of a report from the Commissioner of Police at Victoria,
from which it will be seen that M. Von Lokeren is at present a resident of this place, and that he is in good health and
easy circumstances.



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FILE: 1861-06-26_Newcastle_to_Douglas_V617063.txt
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No. 63

The Comptroller of Her Majesty's stationery office having sent in
a claim for 5-16-11 on account of the stationery supplied for your use
in pursuance of directions from this Office, as explained in my
despatch No. 38 of the 3d. July last, I have the honor to request that you will remit this sum to the Agents General for Crown Colonies in liquidation of the claim, and that you will inform me when this has been
done.



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FILE: 1861-06-27_Newcastle_to_Douglas_B617083.txt
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No. 83

With reference to my despatch No. 77 of the 9th of May last I have the honor to transmit to you the accompanying Acts and Reports which have been received from the Governor of Canada respecting the Salmon Fisheries in that Province; I shall be very glad if they prove of any service to you in legislating on the Fisheries of British Columbia.



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FILE: 1861-06-28_Reeve_to_Rogers_Permanent_Under-Secretary_B615CO02.txt
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Reeve to Rogers (Permanent Under-Secretary)

With reference to your letter of the 4th instant
enclosing the answer of the Lords Commissioners of Her
Majesty's Treasury on the subject of the Pensions of the
Hudson's Bay Company and stating that His Grace the Duke
of Newcastle is anxious that no further delay should take
place in this matter, I am directed by the Lord President
of the Council to inform you that His Lordship instructed me to
communicate to Mr Maynard, the Solicitor of the Hudson's
Bay Company, the nature of the answer given by the Lords
Commissioners of Her Majesty's Treasury to the effect that
any claims which might arise out of the reference to the
Privy Council must be met out of such means as the local
Governments have at their disposal, and can in no case be
allowed to fall upon Funds which would have to be provided by Parliament.

Having made this communication to the Agent of the
Company I have received from that Gentleman a letter
dated the 27th instant stating that his Clients cannot
be satisfied with having to look to the Colonial Revenues
but that they consider that they have only the Imperial
Government to look to as it is with that Government alone
that the transactions in question have been discussed.
They add that they therefore think that it will not be
expedient to proceed with the petitions which have been
presented until this matter is cleared up as it may render
necessary some alteration of the Petitions.

Her Majesty had been pleased to refer the petitions
of the Hudson's Bay Company to the Judicial Committee
at the Council on the 26th instant before the last
mentioned communication of the Agent had been received,
but under these circumstances the Duke of Newcastle will
perceive that the Lords of the Judicial Committee are not
able to enter upon the investigation of the legal title
of the Company until the parties are willing to proceed
and have produced the evidence in support of their claim.



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FILE: 1861-07-06_Murdoch_to_Elliot_Assistant_Under-Secretary_V615LN08.txt
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Murdoch to Elliot (Assistant Under-Secretary)

I have to acknowledge your letter of 24th ultimo, enclosing a
Despatch from Governor Douglas with copies of two Proclamations which
he had issued in Vancouvers Island, for allowing the occupation of
Land in that Island before survey, with a preemptive right.

2. The first of these Proclamations establishes the regulations
under which Land may be "preempted"—the second merely extends the
operation of the first over the whole Island. The regulations are
substantially the same as those established for British Columbia by
the Proclamation of 4th Janry 1860, the substance of which was
stated in a report from this Board of 30th March 1860.

3. In the present Proclamation the omissions which we pointed out in
that of Janry 1860 have in great measure been supplied. It is
provided, as we suggested, not only that the land selected should be
of rectangular form but that its boundaries should as nearly as
possible be in the direction of the cardinal points of the compass.
It is also provided that two months cessation of occupation shall
constitute such a "permanent" cessation as would justify the Surveyor
General in cancelling the claim of the person so ceasing to occupy.
No provision, however, is made, as suggested in our report, to meet
the case of an occupant dying after a considerable expenditure on his
land but without having obtained an improvement certificate and
without leaving an heir capable of occupying the land in his place.
Such cases cannot fail to arise, and it would I think be desirable
that some arrangement should be made to allow the heir to dispose of
land so left, even although the expenditure on it had not been
sufficient to enable the occupant to claim the improvement
Certificate.

4. In other respects the Proclamations appear to me unobjectionable
and I would submit that they should be approved.



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FILE: 1861-07-06_Newcastle_to_Douglas_V617063A.txt
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Separate

I have to inform you that the Board of Admiralty have recently
submitted a claim (Voucher enclosed) to be repaid the sum of 24..9..0,
30..1..4,
and 5/5 on account of Tables, Hammocks &c. supplied to H.M.S. "Tribune".

Not having, as yet received from you any information as to the
necessity for the expense and the causes which have led to the delay in
the repayment of the sums claimed by the Admiralty Board, I have to
request to be furnished with the requisite particulars and that
measures may be taken at an early period for the liquidation of the
claim referred to.



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FILE: 1861-07-09_Douglas_to_Newcastle_B61039.txt
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No. 39, Military

I have the honor to forward herewith accounts of the expenditure
incurred by Captains Grant and Parsons in conveying the parties of Royal
Engineers under their command to British Columbia in 1858.

2. I have to apologize for the delay that has taken place
in the transmission of these Documents, but I only yesterday
received the Balance Sheets in a complete form from Colonel Moody.



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FILE: 1861-07-12_Douglas_to_Newcastle_V61044.txt
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No. 44, Legislative

I have the honor of transmitting herewith to your Grace, a Copy of
the Journal of the House of Assembly of Vancouvers Island for the
Session extending from the 1st day of March 1860, to the 6th day of February 1861.



================================================================================
FILE: 1861-07-12_Douglas_to_Newcastle_V61045.txt
================================================================================

No. 45, Legislative

I have the honor of transmitting herewith to your Grace a copy of the
Minutes of the Legislative Council of Vancouvers Island from 1st May 1860, to February 6th 1861.



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FILE: 1861-07-12_Douglas_to_Newcastle_V61046.txt
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No. 46

I have the honour to communicate to Your Grace that I opened the
second Session of Vancouver Island on the 26th of June last, and now
forward Copies of my Message on that occasion and of the Addresses
since received from the Legislative Council and House of Assembly in
reply to it.

2. The Message briefly reviews the condition of the Colony, and
recommends certain Measures which it is proposed to bring forward in
course of the present session.

3. The nature and object of those Measures are clearly explained in
the Message, and I will therefore not trouble Your Grace with any
remarks regarding them at present.



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FILE: 1861-07-13_Lugard_to_Elliot_Assistant_Under-Secretary_V615WA06.txt
================================================================================

Lugard to Elliot (Assistant Under-Secretary)

I am directed by Lord Herbert to acknowledge the receipt of your
letter of the 4th instant together with its enclosure from the
Foreign Office expressing the wish of Lord John Russell that a
Regiment should be sent to Vancouver Island without delay.

In reply I am to acquaint you for the information of
the Duke of Newcastle that orders could be sent by the Mail of the 26th for a
Regiment to go from China to Vancouver Island; but, before giving
them, Lord Herbert desires to represent to His Grace that His Royal
Highness the General Commanding in Chief entertains a strong opinion,
in which Lord Herbert concurs, that it is not advisable, except in
cases of great emergency, to isolate small bodies of Troops in
positions where it is impossible to support them if attacked.

I am to add that, should Her Majesty's Government decide that a
Regiment should be stationed at Vancouver Island, provision should be
made by the Admiralty that a sufficient Naval Force should be so
stationed as to afford the necessary support.



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FILE: 1861-07-14_Douglas_to_Newcastle_B61040.txt
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No. 40

I have the honor to acknowledge the receipt on this date
of Your Grace's despatches of the numbers and dates noted on
the other side hereof.
*



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FILE: 1861-07-14_Douglas_to_Newcastle_B61041.txt
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No. 41, Miscellaneous

I have the honour to acquaint Your Grace that I have drawn
on Her Majesty's Paymaster General for the sum of Four Hundred
and Thirty One Pounds, Five Shillings (£431.5.0), being the amount of
Salary due to me as Governor, from the 1st of April to the
30th of June 1861, at the rate of £1800 per Annum,
Income Tax deducted; and I have to request Your Grace will be
pleased to obtain the necessary authority from the Lords Commissioners
of the Treasury, for the Bill presented on this account to be paid
when it becomes due.



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FILE: 1861-07-14_Douglas_to_Newcastle_V61047.txt
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No. 47

With reference to former Correspondence upon the subject of postal
communication with Vancouver Island and British Columbia, I have the
honor to acquaint your Grace that the Steam Ship "Pacific" arrived
this morning from San Francisco, and that by her we received the
English Mails of the first half of the Month of May, the same having
been sent on by Her Majesty's Consul at San Francisco packed in a Box
as Freight. Mr Booker writes however that this arrangement cannot
be continued, that he is averse to being a party to it knowing that
the Owners, if aware of it, would refuse to carry Mail matter in this
manner. I concur with Mr Booker in these views, and to prevent our
being entirely cut off from communication with the Mother Country, I
have no option but to accede to the demand made by the Owners of the
Pacific, mentioned in my Despatch of the 25th Ultimo marked
"Separate", viz to pay the sum of Two Hundred and Fifty Dollars
($250) for each trip, as compensation for the service of carrying our
Mail Bags between San Francisco and Victoria.

2. This outlay, however, in no way either lessens or removes the
disastrous results to these Colonies, from the absence of direct
steam communications from the Mother Country, which are so forcibly
depicted in the Memorial which accompanied my before mentioned
Despatch. It merely provides that when the Owners of the Pacific
think fit to send her to Victoria she shall convey the letters which
have accumulated at San Francisco for Vancouver's Island and British Columbia: and we cannot expect more, for the sum is too small to be
viewed in the light of a subsidy under which conditions would be
imposed. The Pacific will in all probability continue to visit us at
intervals of about 3 weeks, but she will call at all the intermediate
ports, and her passengers will be enticed away, and her freight incur
quadrupled risks as heretofore.

3. I need not point out to Your Grace that if the progress and
settlement of these Colonies is most seriously checked and retarded
by the want of direct Steam communication from Great Britain so also
do British interests most materially suffer through the limited
consumption of a class of goods for which an excellent market exists,
but which in these days no Shipper will expose to the risks of the
long voyage around Cape Horn, and which are consequently very
sparingly drawn from the San Francisco Market (scarcely perhaps
affecting the consumption in that market) at prices greatly enhanced
by foreign duties and foreign transport charges.

4. Notwithstanding the comparative smallness of these Colonies, yet
from the high cost of the actual necessaries of life, and other
circumstances, the annual gross expenditure must be upwards of three
quarters of a million pounds Sterling, or in other words that even in
the present state of these Colonies that amount of money goes from
them every year. Of this sum I can only find that about £70,000 is
for British goods imported direct from the Mother Country. It
consequently follows that these Colonies contribute annually, and
with the least amount of advantage in return, a sum of not less than
nearly £700,000 to the benefit of the commerce of the United States
generally, and to the material prosperity of the State of California
and City of San Francisco particularly.

5. The establishment of a direct route from the Mother Country would
sensibly affect this state of things. It would encourage emigration
from Great Britain, it would create a large demand for English
goods, and the Shipper would have confidence in endeavouring to supply
that demand, it would admit of the direct importation of every
description of light and Costly goods which from Victoria being a
Free Port could be supplied to the Countries on this Coast at such
rates as have heretofore been unknown, and as would incite an ever
increasing demand. It would carry our gold and bullion direct to
England and prevent them swelling the Exports of a foreign gold
producing Country, and lastly a direct Steam communication is the
only means by which these Colonies can acquire any stable foundation
or fixed population: the close contiguity of the United States
Territory with its greater advantages and inducements being too much
otherwise for these Colonies successfully to compete.
*

6. As another reason in favour of direct communication I would
mention that I am informed more than one half of our postal matter
never passes through the United States Post office at all. The
letters subject to the latter arrangement prepay a postage of
1s/2d/2, and are sent viâ Liverpool and New York, and by the
Overland Route across the Rocky Mountains to San Francisco, and can
be carried for the same postage to any Post office in American
Territory nearest to Vancouver Island; but letters not so subject are
forwarded by the West India Packets to Colon or Aspinwall; and thence
to the Consul at Panama. The Postage charged is 2s/4d, while
the postage on a letter to Panama carried Exactly the same distance
by subsidized lines is only 1s/-; consequently it may be inferred
that the additional 1s/4d is for the purpose of providing for its
transit to Vancouver Island. But it is not so. The Mail Service
ceases at Panama, and the Consul as a matter of private favour
obtains the conveyance of the Mail Bags to San Francisco by the
United States Steam Vessels. Your Grace's Despatches invariably come
to me by this means.

7. I trust that the considerations now advanced together with those
previously submitted, may induce Your Grace to encourage and obtain
the establishment of a direct Mail route from Panama to these Colonies. I am inclined to believe that the subsidy required would
not be Extravagant, and would in reality not exceed the actual value
of the Service to the Mother Country. I do not think that large or
costly vessels would be needed; an average speed of nine knots would
I have no doubt be sufficient; and if the Vessels touch at San Francisco, as I presume they must call at some intermediate port for
coal, I do not doubt they would have a large Share of the passenger
traffic on the Coast; for it is proverbial that the American Steamers
are, as a rule, overcrowded and uncomfortable, and the British
Vessels would only be permitted by law to carry a limited number of
passengers according to their tonnage.

8. I beg Your Grace to pardon my trespassing thus long upon your
attention; and I trust you will permit the subject, as being one of vital importance to these Colonies, to be my apology.



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FILE: 1861-07-14_Douglas_to_Newcastle_V61048.txt
================================================================================

No. 48

I have the honor to acknowledge the receipt upon this date of your
Grace's despatches of the numbers and dates noted on the other side
hereof.

*



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FILE: 1861-07-15_Berens_to_Newcastle_V615MI04.txt
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Berens to Newcastle

It is with great reluctance that I have to trouble your Grace upon
the subject of an outrage committed by the Representatives of the
Government in Vancouver's Island in respect of some Land which had
been sold by the Agents of this Company to a Mr Lowenberg who had
paid for the same and who was in possession of it at the time that
Mr Dallas, the Agent of the Company, left Vancouver's Island for
this Country.

The land in question formed a portion of the 3084 Acres which are
claimed by this Company as having been possessed by them before the
Grant of the Island to the Company, and adjoining a portion of the
same property which had been appropriated for the erection of
buildings for the accommodation of the Government. From the
Government land it was separated by a ditch or fence. The piece of
ground referred to formed part of a farm which had long been under
cultivation by the Servants of this Company, by whom it had been
cropped for a series of years, and a proposal having been made to
form a Street which passed through the farm and severed this piece
from the remainder of the farm, Mr Dallas thought it right to
dispose of the land, consisting of about 2 acres 3 roods and 17
poles, and accordingly did so under the authority held by him, for
the purpose, from this Company.

It now appears that since Mr Dallas' departure from the Island a Mr
Tiedeman, who is in the employ of the Land Office at Victoria,
endeavoured to prevent Mr Lowenberg from proceeding with some
fencing which he was putting up stating that he claimed the land as
Government property, and on Mr Lowenberg resisting this interference
with his property a Warrant was obtained from the Police Magistrate
for his arrest, under which he was taken to prison and only
discharged upon giving Bail. Under these circumstances he seeks
redress from this Company for the injury which he has sustained, as
well as compensation for the land from which he has been
dispossessed.

This proceeding is so extraordinary and so entirely at variance with
the understanding come to between your Grace and this Company, to the
effect that the representatives of the Government should not seek to
interfere with the land claimed by this Company and for years past
registered in the Land Office as belonging to them, that I feel
assured your Grace will at once give the necessary directions for Mr
Lowenberg being reinstated in the possession of his property and for
proper measures being taken to compensate him for the indignities to
which he has been subjected.



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FILE: 1861-07-15_Newcastle_to_Douglas_V617064.txt
================================================================================

No. 64

I have the honor to acknowledge the receipt of your despatch No.
31 of the 25th of April, transmitting copies of two Proclamations which
you have issued for allowing the occupation of Land in Vancouver Island
before survey with a preemptive right.

The regulations therein laid down appear to be substantially the
same as those established for British Columbia by your Proclamation of
4th January 1860, and the omissions in that Proclamation to which I
called your attention in my despatch No. 23 of the 7th of May 1860 have
in a great measure been supplied. But no provision has been made, as
suggested in the report of the Emigration Commissioners transmitted to
you with my despatch, to meet the case of an occupant dying after
considerable expenditure on his land, but without having obtained an
improvement certificate, and without leaving an heir capable of occupying the land in his place. Such cases cannot fail to arise, and
it would be desirable that some arrangement should be made to allow the
heir to dispose of the land so left, even although the expenditure on
it had not been sufficient to enable the occupant to claim the
improvement certificate.

In other respects the regulations appear to me unobjectionable and
I have to convey to you my approval of the Proclamations.



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FILE: 1861-07-15_Pennell_to_Under-Secretary_of_State_V615AD04.txt
================================================================================

Pennell 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, copies of two letters from Rear Admiral Sir T. Maitland
dated the 15th and 24th May last Nos 135 and 144 reporting the
proceedings of the Ships under his orders, and mentioning a Report
that Fannings Island had been taken possession of on the 8th
February last by HMS Alert.



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FILE: 1861-07-15_Pennell_to_Under-Secretary_of_State_V615AD05.txt
================================================================================

Pennell 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 dated the 24th May
last No 142 from Rear Admiral Sir Thos. Maitland, and
of its enclosures, reporting the proceedings of Her Majesty's Gun Boat Forward, in an attack upon the
Hydah Indians who had committed several depredations upon the Settlers
in Vancouvers Island, and had also plundered the Schooner
"Laurel".



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FILE: 1861-07-16_Douglas_to_Newcastle_B61041SP.txt
================================================================================

Separate

When addressing Your Grace from Lytton in my Separate Despatch * of the 4th of June last, I communicated the
information and impressions of the state of the Country which
I had received on my previous journey. I will now in this Despatch
continue the subject subsequently to my departure from Lytton.

2. Leaving that place, I travelled for 35 miles along
the banks of Thompson's River, by a good horse-road lately made at a trifling cost, and successively visited the Buonaparte
and Hat Rivers, and the Pavillion, where we fell upon the Fraser,
and followed it downwards to Cayoosh. The District comprehended within those limits is exceedingly beautiful and picturesque,
being composed of a succession of hills and valleys, exhibiting
to the traveller accustomed to the endless forests of the Coast
Districts, the unusual and grateful spectacle of miles of green
hills, curving slopes, and level meadows, almost without a bush
or tree to obstruct the view, and even to the very hill-tops
producing an abundant growth of grass. It is of great value as
a grazing district, a circumstance which appears to be thoroughly
understood and appreciated by the country Packers, who are in
the habit of leaving their mules and Horses here when the regular
work of packing goods to the Mines is suspended for the winter.
The animals even at that season, are said to improve in condition,
though left to seek their own food, and to roam at large over the
country, a fact which speaks volumes in favour of the climate and
of the natural pastures. It has certainly never been my good
fortune to visit a country more pleasing to the eye, or possessing
a more healthy and agreeable climate, or a greater extent of fine pasture land, and there is no doubt that with a smaller amount of labour and outlay than in almost any other Colony, the energetic
settler may soon surround himself with all the elements of
affluence and comfort.

3. Notwithstanding these advantages, such have hitherto been
the difficulties of access, that the course of regular settlement
has hardly yet commenced.

4. A good deal of running stock has been brought in for sale
but with the exception of eight or ten persons, there are no
farmers in the District. One of those, Mr McLean, a native of
Scotland, and lately of the Hudson's Bay Company's Service, has
recently settled on a beautiful spot, near the debouch of Hat River, and is rapidly bringing his land into cultivation. He has a great number of horses and cattle of the finest American breeds, and from the appearance of the crops, there is every
prospect that his labour and outlay will be well rewarded. He
is full of courage, and as confident, as deserving of success.
He entertains no doubt whatever of the capabilities of the soil,
which he thinks will, under proper management, produce any kind
of grain or root crops. The only evil he seriously apprehends is
the want of rain and the consequent droughts of summer, which has
induced him to bring a supply of water from a neighbouring stream,
by which he can at pleasure irrigate the whole of his fields.

5. I received an equally favourable report from Mr Reynolds, who commenced a farm at the Pavillion in the year 1859, and he has consequently had the advantage of two years experience.

His last crop, besides a profusion of garden vegetables,
consisted of Oats, Barley, Turnips, and Potatoes, and the produce
was most abundant. The land under potatoes yielded 375 bushels
to the acre. The turnip crop was no less prolific, one of the
roots weighed 26 lbs; and Swedes of 15 lbs and 16 lbs were
commonly met with. He could not give the yield of Oats and
Barley, the greater part having been sold in the sheaf for the use of the Mule Trains passing to and from the Mines; but the
crop, as was manifest from the weight and length of the straw,
which attained a height of fully four feet, was remarkably good.
He generally allows his cattle to run at large, and they seldom
require to be housed or fed in winter.

6. The cold is never severe, the greatest depth of snow in
1859 was 12 inches; and the following winter it did not exceed 6 inches. Ploughing commences about the middle of March. The summers are generally dry, and Mr Reynolds is of opinion that irrigation will be found an indispensable application in the process of
husbandry in this District. In the dry summer of 1859 he kept water almost constantly running through his fields, but applied
it only twice during the summer of 1860, when the moisture of the atmosphere proved otherwise sufficient for the crops.

7. The numerous streams which permeate the valleys of this
District afford admirable facilities for inexpensive irrigation, so
bountiful indeed has Nature been in this respect, that it is hardly
an exaggeration to say that there is a water-course or rivulet for
every moderate sized farm that will be opened in the District.

8. A few successful experiments in husbandry will give confidence and add to the number of the farming class, which continues to be in a lamentable minority in every part of the Colony, even in Districts where one would suppose Mining to be a less profitable pursuit than
the cultivation of the soil.

9. The Mining Districts of Thompson's River, and of the Fraser
below the Pavillion, have been almost abandoned by the white Miners of the Colony, who have been generally carried away by the prevailing excitement to the Cariboo and Antler Creek Mines, and their claims
are now occupied by Chinamen and Native Indians, the latter
especially exhibiting an unwonted degree of activity in Mining—their
daily earnings sometimes reach the large sum of Two pounds
Sterling, and never, as they assured me, fall short of Eight Shillings,
so that they are becoming exceedingly valuable to the Colony, both
as producers, and as a tax-paying population. I, in fact, ascertained
from the official Returns of Yale, that 30 per cent of the amount of Roads Tolls was levied directly on the goods of Indians leaving that place; and from their numbers and habits it may be fairly
assumed that 40 per cent of the whole revenue collectively accruing
from Tolls and Customs falls on them.

10. The Mines on Tranquille River have lately attracted much attention, in consequence of quantities of coarse gold having been
found in pieces weighing as much as three quarters of an ounce, and
the discovery of a Stratum of auriferous earth—in Mining phrase,
"pay dirt"—from three to four feet in thickness, at a much higher
level than the present bed of the river, which until then was
supposed to be the exclusive depository of Gold. This circumstance
has given a new direction to the industry of the place, the Miners having less faith in surface diggings, and being generally impressed
with the advantage of deeper sinkings, which may probably reveal, as
was the case in the Gold Fields of Victoria, greater wealth than has
yet been found, and this in my opinion is simply a question of time.

11. There are extensive flats or Holmes in the Valley of the Thompson that give a large return of Gold, but being above the river, they cannot be worked to much advantage until water from a higher level that can be applied to sluicing is brought into play. Several smooth water-worn nuggets, weighing as much as two ounces, have
been found on the Thompson below Lake Kamloops, and diggings have
been lately discovered on three of the affluents of North River
(North Branch of the Thompson). The Streams flowing from the
Eastward into Okanagan Lake are also reported to be highly productive
of Gold—facts, which all tend to support the theory alluded to in
my Despatch of the 4th of June last regarding the existence of
a vast auriferous Ridge or Water-shed, extending from Rock Creek to Fort George, and dividing the Columbia from the waters of Fraser River.

12. I feel a deep interest in the exploration and development
of that valuable and important division of the Colony, which is now
so difficult of access as to be practically closed to the ordinary
settler; and there is moreover, no convenient place where the
Miner can replenish his exhausted stores. With the view of
removing these drawbacks, I propose to lay out a Town Site, as
a Mining Depôt, and centre of trade on Thompsons River about ten
miles below Lake Kamloops, from whence the navigation is said to
be practicable for Stern-Wheel Boats, through Lake Kamloops to the
distance of 100 Miles up North River, and also by the South Branch
of the Thompson to the further extremity of Shouswap Lake. As
another part of the plan, I propose that Steam Boats of the same
class should be employed in Okanagan Lake, connecting with the
Caravans arriving by the way of Hope and Shimilkameen from Frasers River, and finally, a good road between the two Lakes Shouswap and
Okanagan, and from the latter Lake continued in a Southerly
direction to the Columbia River, will complete a line of communication
connecting the Eastern Districts with Frasers River, and affording facilities for transport that will render Hope the channel of trade,
and prevent it from seeking an outlet by the Columbia River, and which in other respects will be of inestimable advantage to the Colony.

13. The latest accounts from Cariboo confirm the former reports
of its vast auriferous wealth. About 1500 men are supposed to be
congregated in those Mines, and the number is continually augmented
by the arrival of fresh bodies of Miners. It will be a work of
difficulty to keep them supplied with food, a service which now
gives employment to about 1200 transport horses and mules, and I
am in hopes that the large profits made in that business will lead
to its extension.

14. To facilitate the transport to those Mines, I authorised
a grant of Four Hundred Pounds to improve the River Trail from
Cayoosh to Williams Lake; and Four Hundred Pounds to open a Trail from Quesnelle to Cariboo Lake, the charge, in both cases, to be defrayed out of the District Revenues.

15. The remoteness of the Cariboo Mines, and the large
assemblage of people there, have rendered it necessary to establish
a Gold Escort for the conveyance of treasure from Quesnelle to New
Westminster, and more especially with the view of strengthening the hands of the Magistrates in those distant localities by the
periodical exhibition of a small Military Force. This will put
the Colony to much expense, but I conceive it is an indispensable
precaution that may prevent much future evil.

16. There is nothing of much importance to communicate
respecting the Towns of Cayoosh and Douglas, except that they are
both progressively improving. I authorised the grant of allotments of land to the Bishop of British Columbia, at those places, as sites for Churches, and Two Hundred Pounds at each, in aid of private contributions for the erection thereof. The latter measure was adopted at the instance of the inhabitants generally, who represented that they had no building where Divine Service
could be properly held, that they had contributed liberally towards
the fund, and that their own means alone were not adequate to the
erection of Churches. In those circumstances, and as no other
denomination of Christians were in the field in that part of the
Colony, I most cordially responded to the wishes of the public.

17. I returned to New Westminster on the 20th of June, and in conclusion it only remains for me to add the gratifying intelligence that peace and good order prevail throughout the Colony.



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FILE: 1861-07-19_Newcastle_to_Douglas_B617084.txt
================================================================================

No. 84

I have to acknowledge the receipt of your despatch No. 32 of the
30th April
last enclosing an application from Mr Henry P. Pellew Crease for the appointment of Attorney General in British Columbia, to which you state that you have no objection to offer.

In pursuance therefore of the intention conveyed to you in my Despatch No. 82 of the 15th of June last I have submitted Mr Crease's name to The Queen, and I enclose the usual Warrant under the Royal Sign
Manual appointing him to the office in question.



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FILE: 1861-07-20_Murdoch_to_Rogers_Permanent_Under-Secretary_V615LN09.txt
================================================================================

Murdoch to Rogers (Permanent Under-Secretary)

With reference to your letter of 2nd instant
I enclose herewith for the consideration of the Duke of Newcastle, the copy of a Letter from
Messrs
Coleman Turquand & Co
offering to undertake the examination of the accounts between H.M. Government and the
Hudsons Bay Co in
connection with Vancouvers Island, and stating the rate of
remuneration which would be charged for themselves and their Clerks.
As it is possible that the examination may involve some considerable
expense, I would submit whether it would not be desirable to consult
the Lords Commissoners of the Treasury before
Messrs Coleman's
offer is finally accepted.



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FILE: 1861-07-20_Newcastle_to_Douglas_B617085.txt
================================================================================

No. 85

I have the honor to announce to you the Queen's confirmation of the
undermentioned Proclamations issued by you for the Colony of British Columbia, which have been laid before Parliament in conformity with the
requirements of the Imperial Act. 21.22 Vic: Cap. 99. No. 20. The New
Westminster Municipal Council Act 1860. No. 21. Spuzzem Road Bonds Act
1860. No. 22. The Shimilkomeen Roads Bonds Act 1860. No. 23. Customs
amendment Act 1860. No. 25. Jurors Act 1860. No. 26. Sheriffs Act
1860.



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FILE: 1861-07-22_Berens_to_Newcastle_V615MI05.txt
================================================================================

Berens to Newcastle

I have the honour of transmitting, herewith, a Copy of a Memorial

*

addressed to the Governor and Committee of the Hudson's Bay Company
by the Reverend Edward Cridge of Vancouver's Island praying that steps
may be taken for the completion of the Title deeds of a piece of Land
at Victoria, known as the "Church Reserve", in order that the land in
question may be at once conveyed to parties who will hold it in trust
for the benefit of the Christ Church, Victoria District Church.
I have also the honour to transmit a Copy of a letter addressed to me
by the Bishop of Columbia recommending the said Memorial to the
favourable consideration of the Hudson's Bay Company.

The land in question forms part of the 3084 acres claimed by this
Company as belonging to them prior to the Grant to them of the
Island. It is situated in the centre of the Town of Victoria, and
comprises not only the site of the principal Church, but also the
Public Cemetery, and an extensive section set apart as a glebe for
the Clergyman. It appears that until the Conveyance be completed the
Church and Burying Ground cannot be consecrated, nor can the rest of
the ground be made available for the purposes for which it was
originally set apart.

As far as this Company are concerned I and my Colleagues are prepared
to give effect to our original intention by executing a Conveyance,
but before proceeding in the matter we think it necessary that the
subject should be brought under the notice of your Grace, and that,
in whatever steps it may be considered advisable to take we may have
the consent and concurrence of Her Majesty's Government.

There are several points which appear to require consideration.
When the Company agreed to set apart the ground for the Church, the
Church intended was, undoubtedly, the Church of England, but a
portion of the Ground has since been transformed into a Cemetery, and
has been used for that purpose by all denominations of Christians,
without reference to whether they belonged to the Church of England,
or were Roman Catholics or Dissenters of any other description.
Supposing, therefore, that in Your Grace's opinion it were desirable
that the Glebe and site of the Church should be conveyed, as
originally intended, to the Church of England, it appears to us that
it may create great discontent in the community if the Cemetery, so
long used generally, should also be made over to that Church. It is
in these circumstances that we have thought it necessary to bring the
subject under your Grace's notice.

We would, therefore, be glad to know, if it is the opinion of Her
Majesty's Government that the Conveyance of the land in question
should be made, at once, for the benefit of the Church of England?
Should it be conveyed to trustees, and if so, in what form, and who
are to be the Trustees appointed? Should the Cemetery also be
conveyed for the exclusive use of the Church of England, or for the
benefit of Christians in general? And if the latter—Who are to be
the Trustees for that purpose?

The wish of myself and my Colleagues is to complete the title of the
Church without further delay, but we feel that if we did so,
unadvisedly, it might create some confusion hereafter, and as our
object in troubling Your Grace in the matter is to prevent that
confusion we hope to be excused.



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FILE: 1861-07-24_Berens_to_Newcastle_V615MI06.txt
================================================================================

Berens to Newcastle

With reference to the letter which I had the honour of addressing to
Your Grace on the 22nd instant with respect to the conveyance of the
"Church Reserve" at Victoria, I regret to find that the documents
therein referred to were accidentally left out.

I consequently am obliged to trouble Your Grace once more upon the
subject, and I have now the honour of transmitting a Copy of the
Memorial of the Revd
Edward Cridge addressed to the Governor and
Committee of the Hudson's Bay Company,
and a letter in support of the Memorial addressed by the
Right Revd the Lord Bishop of Columbia to
myself.



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FILE: 1861-07-24_Wodehouse_to_Rogers_Permanent_Under-Secretary_V615FO06.txt
================================================================================

Wodehouse to Rogers (Permanent Under-Secretary)

Having laid before Lord John Russell your letter of the 17th Instant
and its Inclosure from the War Office relative to the question of
despatching an Infantry Regiment from China to Vancouver's Island, I
am directed by His Lordship to request that you will state to The
Duke of Newcastle that he is willing that the Despatch of these Troops
should be postponed for the present.



================================================================================
FILE: 1861-07-26_Newcastle_to_Douglas_V617065.txt
================================================================================

No. 65

I have the honor to transmit to you herewith copy of a letter
addressed to me by the Governor of the Hudson's Bay Company, and to
request that you will furnish me with a Report on the subject of the
transactions of which the Company complain connected with certain land
sold by their Agents to Mr. Lowenberg.



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FILE: 1861-07-29_Murdoch_to_Elliot_Assistant_Under-Secretary_B615LN04.txt
================================================================================

Murdoch to Elliot (Assistant Under-Secretary)

I have to acknowledge your letter of 15th instant
enclosing a despatch from the Governor of British Columbia
on the subject of the claims of the Hudsons Bay Co to
land in that Colony.

2. Governor Douglas states that the inconvenience
arising from the unsettled state of the Company's claims
becomes daily more apparent, and that the difficulty of
a final settlement will increase in proportion to the
delay in arriving at it. He therefore suggests as a basis
of Settlement, that the places occupied by the Company as
existing Forts or Posts, and which are necessary for carrying
on their business, should be transferred to them in fee,
together with any fields or gardens actually enclosed by
fences & under cultivation—provided that no such grant
should exceed 100 Acres of Country land at any one place,
except at New Langley and Kamloops, where the Company have
a number of Cattle and Horses. In those places the grants
he suggests might be increased to 500 Acres. In the Towns
Governor Douglas proposes that the Grants should be restricted
to building lots actually occupied by the Company's business houses.

3. This arrangement the Governor proposes as a liberal
concession to the equitable claims of the Company, and as
exceeding what they are legally entitled to claim. If there
were any probability that they would accept it, it would
I think be unquestionably an advantageous settlement for the
public. But it falls so very far short of the claims put forward by the Company, and supported on a former occasion by
Governor Douglas himself, that I cannot believe it possible that the Company should accept it.

4. In the Month of October 1858 the Governor of the Hudsons Bay Co Mr Berens, brought the question of the Company's
claim to the Lands they had occupied in B. Columbia under the
consideration of Sir E.B. Lytton. On the 16th of the
following November Sir E. Lytton transmitted the correspondence
to Governor Douglas, and directed him to furnish a report
on the extent and nature of the Cos claims. In that despatch
Sir E. Lytton stated that he was prepared to draw a considerable
distinction between land which had been subjected to cultivation
or had involved outlay on the part of the Company, or was
necessary to the maintenance of their existing stock or
establishments, and land which had served the more occasional
purpose of affording pasturage to herds or beasts of burden.

5. The report thus called for was furnished by Governor Douglas' despatch of 31st May 1859. The result was that
the land claimed by the Company amounted in all to 98,000 Acres,
that of this 10 Acres were in the Town of Old Fort Langley,
6,400 Acres in its immediate vicinity and 640 Acres in the
Town of Fort Hope, that the whole of the Land had "involved
outlay" on the part of the Company and that upwards of 80,000 Acres
had been brought into partial cultivation and were necessary for
the maintenance of existing Stock. The Company further
claimed £5,000 for making roads and for land between Fort Hope
& Thompsons River improved by the sowing of Grass seed.

6. To these extensive claims Governor Douglas at the time
gave an earnest support, urging the Title of the Company to
liberal consideration and alleging the recognition of similar
claims within the United States Territory by the Oregon Treaty
of 1846. Upon this subject I would request a reference
to the report from this Office of 29th Augt 1859. A
great change it appears has since taken place in Governor
Douglas' views on the subject, but there is no probability
that a similar change has taken place in the Company's views.
I should have no expectation, therefore, of any result from
Governor Douglas' proposition, nor is it made in so definite a form as to admit of any conclusive action. At the same time
it might be as well to communicate it to the Company for any
observations they might desire to make, which might afford some
information as to the light in which they themselves regard their claims.



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FILE: 1861-07-29_Romaine_to_Under-Secretary_of_State_V615AD06.txt
================================================================================

Romaine 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 Colonial Affairs
a Copy of a letter dated the
10th ultimo No 165
from Rear Adml Sir Thos Maitland,
representing the necessity for increasing the Force on the Pacific Station and at Vancouver's Island
and I am to state that a Ship now nearly ready for Sea will be sent
out in a few days to the Station.



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FILE: 1861-08-01_Cadell_to_Palmerston_Treasury_B616C01.txt
================================================================================

Cadell to Palmerston (Treasury)

With reference to the Comn which I took the liberty of addressing Your Lordship last year (May, 60) which was duly acknowledged through the Colonial Department, I beg to state my Lord that I feel highly honored for the attention in handing my Comn to the Department the more so as indicating a wish that a Grandson of "Carronpark Cadell" (a name which goes down to Posterity associated with the "Carronade" & [improved?] large [ordinance?] of the day & but a few years ago assisted in establishing the Supremacy of Her
Majesty's Empire, which I now wish by any means in my power to
assist in perpetuating through productive action) should obtain
employment connected with the [prime moving?] Department of the
productive Action of British Columbia.

There is still an entire blank in the supervision of the
Colony (which eight years experience connected with the practical
developement of a Gold mining Country enables me to state with that
reasonable certainty due to such experience). The disposal of the
Mines & Mining Grounds towards permanent production—a division of
labour which would add progressively every year to the permanent
population & the production of Gold, & remove that dread of
inaction which is reducing the Commercial energy of the Country
apparently without knowing why. Hence the reason for my soliciting that
description of Government employment, as it would be in that
Department, I could prove the value of aforestated experience
connected with the direct supervision of productive action in a
gold mining country. But my Lord His Grace the Duke of Newcastle
signified through His Excellency Governor Douglas, that the
Department at Downing St was unable to appoint—which under
ordinary circumstances might be considered definitive not only to my
prospects Individually, but to the progressive prospects of the
Country as that description of supervision can only be brought into
existence at Downing Street through the great progressive necessity
of the day. In the event therefore of the Duke of Newcastle
introducing improvements connected with British Columbian
Supervision (a step now pointed out by necessity) and constitute
the supervision of the disposal of the mines & mining grounds
towards productive developement, a Division of Labour; instead of
allowing that department (the chief source of production) to remain
longer under the [mere ease?] of the magistrates who are not required
to possess the requisite qualifications for the Supervision of
Mineral Developement in a progressive [char?].

Hence the prospect
which I still entertain of obtaining employment through His Grace
The Duke of Newcastle & Governor Douglas, in a progressive view
independent of the ordinary nature of Patronage.

Our great producing Colonies require a change My Lord, being
now in a progressive view large manufacturing concerns in
process of construction which require to be pressed into a state of
completion towards inducing a more extensive & economical
permanent production through Individual enterprise to sustain our
position in the great struggle of nations for Commercial Supremacy.
I beg therefore to annex an Original Paper touching improvement
connected with Colonial developement, which Your Lordship may either
dispose of according to the liberty undernoted or
retain for Government purposes, in either case my Lord any attention
which your Lordship may confer in noticing this Comn will be highly
returned & constitutes a Basis for more extended efforts connected
with a Subject which is so much neglected Politically, Financially
& Scientifically in a progressive view, being so far removed
from the seat of general Government, Capital & practical Science.



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FILE: 1861-08-01_Hamilton_to_Rogers_Permanent_Under-Secretary_B615TE16.txt
================================================================================

Hamilton to Rogers (Permanent Under-Secretary)

In reply to Mr Elliot's Letter of the
16th April
last, 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 the Account for Naval Services, the sum of
£1,270.10.1, in repayment of Expenses incurred by the Admiralty
for Freight of Stores sent to British Columbia per "Thames City"
in the year 1858.



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FILE: 1861-08-02_Douglas_to_Newcastle_B61042.txt
================================================================================

No. 42

I have the honour to acknowledge the receipt on the 1st
Instant of Your Grace's Circular of the 1st of June last,
informing me with reference to former instructions, that in
order to give full effect to the principle of neutrality which
the Queen is desirous of observing in the contest between the
United States and the so styled Confederate States of North
America, that Her Majesty has been pleased to interdict the
Armed Ships and also the Privateers of both parties from
carrying Prizes made by them into the Ports, Harbours,
Roadsteads, or Waters of the United Kingdom, or any of Her Majesty's Colonies or Possessions abroad.

I have in reply to inform Your Grace, that in obedience
to Her Majesty's Commands, I will take measures to secure the
observance of this prohibition within the limits of this Government.



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FILE: 1861-08-02_Douglas_to_Newcastle_V61049.txt
================================================================================

No. 49

I have the honour to acknowledge the receipt on the 1st instant of
Your Graces Circular of the 1st of June last, informing me with
reference to former instructions, that in order to give full effect
to the principle of neutrality which the Queen is desirous of
observing in the contest between the United States and the so styled
Confederate States of North America, that Her Majesty has been
pleased to interdict the Armed Ships and also the Privateers of both
parties from carrying Prizes made by them into the Ports, Harbours,
Roadsteads or Waters of the United Kingdom, or of any of Her Majesty's
Colonies or Possessions abroad.

I have in reply to inform Your Grace, that in obedience to Her
Majesty's Commands, I will take measures to secure the observance of
this prohibition within the limits of this Government.



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FILE: 1861-08-03_Douglas_to_Newcastle_B61043.txt
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No. 43

I have the honor to acquaint your Grace that I have
authorised the Treasurer to procure by Bills on the Paymaster
General, the sum of Fifteen hundred Pounds (£1500) for the Regimental
Pay of the Detachment of Royal Engineers serving in British Columbia and I have to request your Grace will issue the necessary instructions for the Bills presented on this account to be paid when they become due.



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FILE: 1861-08-03_Douglas_to_Newcastle_B61044.txt
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No. 44

With reference to my despatch No 17 of the 18th
February last, reporting my having authorised the Treasurer
to procure the sum of Three Thousand Pounds (£3000) on Military account,
I have the honor to acquaint your Grace that up to the present time no drafts have been made on this account on Her Majesty's
Paymaster General, owing to the arrival shortly afterwards of
Her Majesty's Ship "Tartar", with the sum of £6,900 in silver
coin, and which sum has since been repaid to the credit of
Military account, agreeably to the arrangements made in your
Grace's despatch No 58 of the 30th October last.

2. That amount having been since expended, and Requisition
having been made upon me for a further sum of £3000 on Military
account, I have authorised the Treasurer to procure the same
by Bills in the usual manner, and I trust your Grace will give
the necessary instructions for such Bills to be accepted upon
presentation.



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FILE: 1861-08-07_Douglas_to_Newcastle_B61045.txt
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No. 45, Financial

I have the honour to acknowledge the receipt of Your Grace's
Despatch No 68 of the 1st of March last, enclosing the Copy
of a correspondence with the Board of Treasury on the subject of
the application contained in my Despatch No. 84 of the 28th
of August 1860, for permission to raise a Loan of Fifty Thousand
Pounds (£50,000) to be applied to the construction of Roads in British Columbia; a measure which I observe with gratitude has met with
Your Grace's warm support, and I have to express the deepest
regret that the financial statements, without which the Loan could not be effected in England, should, from unavoidable
circumstances, have been delayed in their transmission.

2. The information sought by Your Grace having however,
been communicated in my Despatches No. 7 of the 26th of
January 1861, and No 12 of the 7th of February 1861, shewing
from the actual accounts that the local revenue is fully able to
meet the charge for the Loan, together with all other legitimate
Colonial charges; and the accounts required by the Lords
Commissoners of the Treasury having been forwarded to the
Board of Audit by the last Mail, I take advantage of Your Grace's
permission to renew, under those circumstances, my application
on the subject, trusting that their Lordships sanction will not
now be withheld, especially as Her Majesty's Government, so fully
appreciate the importance of opening up the internal communications
of the Colony, and seeing that its financial position, which the
formation of Roads will materially tend to improve, offers the
most perfect security for the payment of the interest, and of
the Loan itself, at the period fixed for its redemption.

3. In the correspondence with the Board of Treasury transmitted
with the Despatch from Your Grace to which I am now replying, I
observe that their Lordships suggest the passing of an Act providing
for the raising of the money required, on the security of part or
the whole of the revenue of the Colony. I have issued instructions
to the Attorney General to prepare an Act for that purpose, and he
has informed me that he will be ready to submit one in the course
of a fortnight, when it will be transmitted for Her Majesty's approval.

4. In the meantime to prevent delay, I beg to inform Your
Grace that the Act will authorise a Loan of Fifty Thousand Pounds
(£50,000), bearing interest at Six per cent per annum, payable in England
half yearly, by means of Coupons, and redeemable, half in 1872 and
half in 1882. As I feel satisfied that the Colony will be in a
position to meet the whole liability at any time after the close
of the year 1862, I would have fixed that period for the payment
of the whole Loan, but I believe, in that shape, it would probably
be less acceptable to the public.



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FILE: 1861-08-07_Douglas_to_Newcastle_B61046.txt
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No. 46

I have the honor to acknowledge the receipt upon this date
of Your Grace's Despatches of the numbers and dated noted on
the other side hereof.

*



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FILE: 1861-08-07_Douglas_to_Newcastle_V61052.txt
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No. 52

I have the honor to acknowledge the receipt upon this date of Your
Grace's Despatches of the numbers and dates noted on the other side
hereof.*



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FILE: 1861-08-08_Douglas_to_Newcastle_V61050.txt
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No. 50

I have the honor to forward to you herewith correspondence and
Documents, as described in an accompanying Schedule, in connection
with a recent application made on behalf of this Government to the
Supreme Court of Civil Justice of Vancouver's Island, for an
injunction to restrain the Hudsons Bay Company from further dealing
with the land claimed by them under a possessory title prior to the
Charter of Grant.

2. The Documents very clearly exhibit the nature of the case but it
may be desirable that I should glance at the different heads and
explain the reasons which induced the application to the Local Court.

3. As your Grace is aware from previous correspondence the Hudsons
Bay Company claim certain sections of land in Vancouver's Island,
amounting in the whole to about 3084 Acres, as being their private
property by occupation prior to the grant to them of the Island under
the Charter of the 13th January 1849. Her Majesty's Government
reject this claim, and do not recognize any title to land in
Vancouver's Island other than that conveyed under the Charter. The
case has been referred to the Judicial Committee of the Privy Council
for decision.

4. On the 27th April last the Surveyor General addressed me a
letter representing that notwithstanding [that] the claim of the
Hudson's Bay Company to the land in question was admittedly in
dispute, the Company were still dealing with the land in all respects
as if it were indisputably their private property; and not only so,
but that they were carrying these dealings to such an extent as to
involve a breach of faith both towards former purchasers for value,
and the Public, as well as towards the Government, inasmuch as the
map under which they had originally laid out and sold the Town Site
and which had become the Official Map of the Town, having been
accepted and registered in the Land Office, was disregarded by the
Company, portions of land laid off on that Map as Streets and Public
Reserves, and even a portion of the Government Reserve upon which
stand the Government Offices, having been recently sold by private
Contract; and further that the Company were daily disposing by
private contract of the different unsold portions of the
beforementioned land.

5. I forwarded the Surveyor Generals Letter for the opinion of the
Attorney General. That functionary reported that if the case were as
represented, the necessary steps could at once be taken towards
putting a stop to such proceedings.

6. Upon consultation with the Attorney General, and understanding
the caution conveyed to me in Your Graces Despatch No 1 of the 2nd
Jan. 1860, respecting the non-recognition by Her Majesty's Government
of the claim made by the Company as intended to point out my course
of action, did circumstances require it; and considering that these
circumstances did require from this Government some interference to
protect the best interests of the Colony, and to maintain the credit
of the Government, by preventing the further private alienation of
land, some of which was actually required by the Colony, and all of
which was of exceeding value to the Colony, and by protecting the
Public in what they understood was guaranteed to them upon the faith
of the Government, the Town having been laid out and the Reserves
made prior to the expiry of the Charter of Grant, and when the
control of all land was exercised by the Company, and they were
viewed by the general Public as identical with the Government, I
caused a letter to be addressed to the Attorney General authorizing
him to take such proceedings as the case I put before him might seem
to call for and justify.

7. The Attorney General accordingly filed an information praying for
an injunction as before stated. The information was supported by
full and complete affidavits. No evidence was filed on behalf of the
Hudsons Bay Company. The Court however held that it could not grant
the injunction sought upon the ground that the subject matter of the
suit was in litigation in another and Superior Court, and that any
action of the Court here might be construed into an attempt
to forestal the action of the Court above.

8. I have therefore to report these circumstances to Your Grace, and
to forward to you all the Documents in connection therewith, in order
that, should Your Grace think fit, the same may be laid before the
Judicial Committee of the Privy Council.

9. It will be perceived that by the action of this Government no
interference was attempted with any portion of the land forming the
actual sites of the Company's Establishments at Victoria. To this it
was considered the Company could probably obtain a good title upon
payment of the fixed price of £1 per Acre, Her Majesty's Government
having declined to purchase such Establishments upon the expiry of
the Grant. The injunction was intended only to apply to the other
portions of the 3084 Acres, to which no such equitable and consistent
claim could be advanced.

10. I trust that what has been done herein may be in accordance with
the views of Your Grace under the circumstances detailed, and
requesting instructions as to any further steps which it may be
considered advisable to take.



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FILE: 1861-08-08_Douglas_to_Newcastle_V61051.txt
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No. 51, Military

I had the honor, in a Despatch, No 19 of the 19th of February last, to address Your Grace on the subject of forming Volunteer Rifle Corps in this Colony, as suggested in Sir G.C. Lewis' Despatch No 40 of the 17th of October 1860.

2. I therein informed Your Grace, that the most respectable of the
white inhabitants were fully prepared to enrol themselves into a
Volunteer Force; and that a Corps, entirely composed of the coloured
population, was actually under training, and had built a hall, and
were paying a Drill Sergeant, Entirely at their own Expense. I also
mentioned that they had applied to me for Fire arms, which they are
greatly in want of, and that I was unable to render them that
assistance at present, as the smallness of the Colonial revenue, and
the infant state of the Colony will not admit of the necessary
fire arms being procured by the Colony, and that had I been able to
supply efficient arms, a most valuable Corps would
have been formed at the time of the American occupation of San Juan,
and lastly I engaged to form a Volunteer Force that would be no
discredit to the Empire, provided Her Majesty's Government would
extend their assistance in that matter, and furnish me with 500 stand
of Arms.

3. I have now the satisfaction of communicating for Your Graces
information on that subject, that upwards of 200 of the white
residents of Victoria have come forward, and in the most patriotic manner formed themselves into a Volunteer Corps for the purpose of protecting property, and, in case of need, defending the integrity of Her Majesty's Dominions.

4. Another Corps, composed of 77 Members, being nearly the whole
white male population of Nanaimo, has been enrolled at that place.

5. These two Corps with the Corps of coloured people numbering 80 men,
before alluded to in this Despatch, form altogether a force of 357
effective men.

6. I have given the fullest encouragement to this movement, and have
authorized the several Corps to select their own officers, submitting
their names for my approval, which, I believe, is the course usually
followed in Her Majesty's Colonies.

7. I have to acknowledge the great assistance received from Rear Admiral Sir Thomas Maitland, who has kindly furnished a Drill Sergeant from the Force under his command, and has temporarily placed at my disposal, a light Field Piece, which is to be attached to, and form part of the armament of the Victoria Rifle Corps.

8. Victoria has now assumed the appearance of a military encampment;
and I can justly observe that the same degree of assiduity and
attention to the various drills now exhibited by the Volunteers, if
continued, will ere long render them a highly serviceable and
efficient body of citizen soldiers.

9. The only drawback to their efficiency is the want of proper arms
and ammunition, which I have before stated to Your Grace I cannot
furnish; but I have assured the several Corps that Her Majesty's
Government fully appreciate their services, and will not fail to
provide them with proper arms.

10. I have now therefore to repeat my former application for 500
Stand of Arms, and that Your Grace will cause them to be shipped for
this Colony by some Early conveyance, as they are immediately wanted.

11. I would further take the liberty of suggesting whether it would
not be advisable, instead of limiting the number to 500, to send out
1000 Stand of Arms at once, as, in addition to the supply of British Columbia, where Arms will soon be wanted, the existing Corps will be
continually increasing in number.

12. I would also beg Your Grace to give instructions that four light
Field Pieces with their furniture, be sent at the same time, and also
that the arms be selected with care, and that the best Enfield Rifles
only should be sent—with a full supply of ammunition.

13. I have to inform Your Grace that there is not a single piece of
Artillery belonging to the public in Either of the Colonies under
my Government; and that neither for the defence of the Country, nor
for loyal and patriotic celebrations, have I the means and appliances
allowed, I believe, without exception, to all Her Majesty's other
Colonial Possessions.



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FILE: 1861-08-10_Murdoch_to_Elliot_Assistant_Under-Secretary_V615LN10.txt
================================================================================

Murdoch to Elliot (Assistant Under-Secretary)

I have to acknowledge your letter of 7th inst enclosing two letters
from the Hudson's Bay Co on the subject of the appropriation to
Ecclesiastical purposes connected with the Church of England of
a certain portion of the Land in the Town of Victoria which the
Company claim as their private property.

2. It appears that in 1854 the Hudsons Bay Co made an Agreement with
Mr E. Cridge to proceed to Vancouvers Island as Chaplain and one
part of the inducement held out to him was the grant of a Parsonage
and Glebe. At the same time the Company undertook the erection of a
Church and the Establishment of a Cemetery. The Land appropriated to
these several purposes appears to be known as the "Church Reserve".

3. Mr Cridge's engagement with the Company was for 5 years, and
expired, therefore, in 1859—and the Local Legislature have declined
to renew the salary granted to him by the Company. He now applies to
the Company to carry out their original intention by granting a
conveyance of the Land on which the Church is built and the Cemetery
established, that they may be consecrated—and of that set apart for
his parsonage and glebe, that he may be able to derive some income
from letting the latter. The Company express their willingness to
comply with this application but desire before doing so to obtain the
sanction of H.M. Government. And in submitting the question to the
Duke of Newcastle Mr Berens points out the difficulty which might be
created by conveying to the Church of England exclusively the
cemetery which has hitherto been used indifferently by all
Communities of Christians.

4. In respect to the site on which the Church has been built there could
I think be no question of the propriety of granting a formal
conveyance of it to Trustees so as to allow of its being properly
consecrated. Such a grant ought to create no jealousy in other
religious denominations, as the Government would of course be equally
ready to grant Land for the erection of their places of worship also,
whenever applied to for the purpose. As regards the Cemetery on the
other hand it would certainly be unadvisable to make such a
conveyance of it as would imply its exclusive appropriation to the
Church of England. It ought of course to be set apart in perpetuity
for the purpose to which it is now devoted and with that view it
should be conveyed to Trustees. But those Trustees should not be, as
in the case of the Church Site, exclusively connected with the Church
of England, nor should anything be done which would have the
appearance of excluding persons of other communities from the use of
it. Whether under such an arrangement the Bishop might be expected
to consecrate the ground, or that portion of it set apart for Members
of the Church of England, I am not sufficiently acquainted with such
matters to know. The interment of persons of different Churches and
with different rites in the same Cemeteries in this country is not
uncommon. Upon this point, however, the Duke of Newcastle will
probably think it desirable to consult some Eccliastical

authority.

5. The question in respect to the Parsonage and Glebe is more open
to doubt. If it were now raised for the first time it would perhaps
be inexpedient to take any step which would have the appearance of
granting an endowment to the Church of England which is not granted
to other Churches, or of connecting the Government of the Colony with
any particular Community. But as the Land had been originally set
aside by the Company for the Church of England, and as Mr Cridge had
been induced to go out partly on the promise of obtaining the
advantage of it, I should not hesitate under ordinary circum=circumstances=stancescircumstances
to recommend that Her Majesty's Government should authorize the
Company to carry into effect their original intention in the matter.
But I observe that in his despatch of 7th May last No 34 Governor Douglas advises Her Majesty's Government "not to move in the question
at present, because their interference could not forward the object
in view and would give rise to dissatisfaction whatever course may be
taken." In the face of this decided opposition from the person most
capable of forming a correct judgment it would not be advisable to
take any immediate action in the matter, and I can only, therefore,
suggest that the letter from the Governor of the Hudsons Bay Co
should be communicated to Governor Douglas, with a request that he
will report more fully on the question. It would perhaps assist the
Governor in framing his report if he were informed generally of the
view which may be taken by the Duke of Newcastle, and of the points
to which consequently His Grace would desire to direct his special
attention.

6. The question of the Trustees to whom the several plots of Land
should respectively be conveyed may properly be left for the decision
of the Governor in consultation with the Bishop—but of course in
whatever is done care should be taken not to prejudice the legal
title of the Crown to the Land in question, as part of the Land now
in dispute between the Crown and the Hudsons Bay Company.



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FILE: 1861-08-12_Hamilton_to_Rogers_Permanent_Under-Secretary_V615TE05.txt
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Hamilton to Rogers (Permanent Under-Secretary)

With reference to your letter of the 20th Ultimo, relative to a Bill
for £430 drawn by the Treasurer of Vancouvers Island on account of
Lighthouses which are being built there, I am directed by the Lords
Commissioners of Her Majestys Treasury to acquaint you for the
information of the Duke of Newcastle that they have directed the
acceptance and payment of the Bill in question, and they approve of
the proposal of the Secretary of State that the Colony should pay one
moiety of the Total Cost of the Lighthouses including this last sum
of £430, and Their Lordships request to be informed of the
arrangements which may have been made by the Local Government for the
discharge of the Debt.



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FILE: 1861-08-15_Hamilton_to_Rogers_Permanent_Under-Secretary_V615TE06.txt
================================================================================

Hamilton to Rogers (Permanent Under-Secretary)

I am directed by the Lords Commissioners of Her Majestys Treasury to
acquaint you that Two Bills of Exchange—for £600 and £400
respectively—drawn by James Douglas Esqr, Governor of Vancouver's Island—have been left at the office of the Paymaster General, and I
am to request that you will inform My Lords whether, in the opinion
of the Duke of Newcastle, these Bills should be accepted and paid.



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FILE: 1861-08-15_Murdoch_to_Elliot_Assistant_Under-Secretary_B615LN05.txt
================================================================================

Murdoch to Elliot (Assistant Under-Secretary)

I have to acknowledge your letter of 12th instant,
with a despatch from the Governor of British Columbia, reporting
a misapprehension which had arisen in the Crown Land Office
of that Colony in respect to the Regulations for the preemption
of unsurveyed Land, and the confusion to which it was calculated
to give rise.

2. By a Proclamation bearing date 14th Febry 1859
it is provided that unsurveyed Land in British Columbia shall
be sold by auction—or, after having been once put up to auction,
by private contract. By a subsequent Proclamation of 4th
Jany 1860, it is provided that unsurveyed Land may be "preempted" to the extent of 160 acres and that as soon as the
Survey shall come up to it the preemptor or his assigns shall
be entitled to purchase the Land at the established price of
Crown Land, provided he or they shall have been in continuous
occupation. A later section of the Proclamation (section 7)
is in the following words:

Any person authorized to acquire Land under the
provisions of this Proclamation may purchase, in addition
to the Land preempted in manner aforesaid, any number of
Acres not otherwise appropriated, at such rate as may be
fixed by the Government at the time when such Land shall
come to be surveyed, not to exceed 10s/- per acre—5s/- to
be paid down and the residue at the time of Survey.

3. Governor Douglas points out that the obligation of
Residence and improvement which attaches to the "preempted"
Land described in the first part of the Proclamation applies
also of necessity to the additional land "purchased" under
this section—otherwise he says it would be impossible to
identify the Land so "purchased," or consequently to secure
the purchasers in the safe enjoyment of it. The Commissioner
of Crown Lands, having overlooked this necessity, has issued
to purchasers a document called a "Certificate of Title," which
the Governor states is mere waste paper.

4. To remedy the confusion which might thus be created the
Governor addressed a Circular to the District Magistrates
explaining the exact effect of the Proclamation of 4 Jany 1860
in regard to unsurveyed Land, and furnishing them with Forms of
the documents to be issued under that Proclamation. He also
addressed a letter to the Commissioners of Lands announcing
his intention to issue a further Proclamation to declare that
all unsurveyed Land taken under the preemption Act is to be held
on conditions of continuous residence, & prohibiting him from
issuing in future any conveyance or Certificate of Title for
preempted Land.

5. These measures will probably have the effect desired,
as it is not likely that any, considerable extent of unsurveyed
Land can have been disposed of by the Commissioner of Lands under
"Certificates of Title." At the same time it is just to the
Commissioner to state that the terms of the 7th Section of
the Proclamation of 4th Jany 1860 would certainly bear
the interpretation he put on them, * and that the implied condition which Governor Douglas says necessarily attached to Land so purchased is by no means self evident. It is, however, clearly desirable that Land disposed of before Survey should be subject to the condition of continuous occupation until the survey comes up to it.



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FILE: 1861-08-15_Newcastle_to_Douglas_V617066.txt
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No. 66

I have the honor to acknowledge the receipt of your despatch No. 35 of the 2nd of May, and to acquaint you that the Lord Commissioners
of the Treasury have directed the acceptance and payment of the Bill for £430 drawn by the Colonial Treasurer on account of the Lighthouses in Fucas Straits.

One moiety of this additional payment as in the case of the rest
of the cost of the Lighthouses must be defrayed from Colonial funds;
and I should be glad to be informed of the arrangements which may have
been made by your Government for the discharge of this debt.



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FILE: 1861-08-20_Douglas_to_Newcastle_B61047.txt
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No. 47

I have the honour to acknowledge the receipt of Your Grace's
Despatch of the 16th of May last enclosing the Queen's
Proclamation for the maintenance of Neutrality pending the
hostilities existing between the United States of America and
the States which have seceded from that Confederation, and
conveying to me Your Grace's instructions that the utmost
publicity should be given to the said Proclamation.

I have in reply to inform Your Grace that I have duly
carried those instructions into effect.



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FILE: 1861-08-20_Douglas_to_Newcastle_V61053.txt
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No. 53

I have the honour to acknowledge the receipt of Your Grace's
Despatch of the 16th of May last enclosing the Queen's Proclamation
for the maintenance of Neutrality pending the hostilities existing
between the Government of the United States of America and the States
which have seceded from that confederation, and conveying to me Your
Graces instructions that the utmost publicity should be given to the
said Proclamation.

I have in reply to inform Your Grace, that I have duly carried those
instructions into effect.



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FILE: 1861-08-21_Douglas_to_Newcastle_B61048.txt
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No. 48

I have the honour to acknowledge the receipt of Your Grace's
Despatch marked "Confidential", of the 11th of May last, on
the subject of the impending hostilities, which have since
commenced, between the United and Confederate States of North
America, and informing me that it was the intention of Her
Majesty's Government to apprise me, from time to time of their
views on the questions which are likely to arise out of this
state of conflict, and in respect to which I may be called upon to act.

I observe by the same Despatch that Her Majesty's Government
are disposed to admit the claim of the Southern States to be
recognized as a Belligerent, and as such, invested with all
the rights and prerogatives of a Belligerent.

I presume by those terms is meant that we are bound to
respect their Blockades, and to abstain from any act which may
violate the conditions of the strictest neutrality.

I also observe that it is the intention of Her Majesty's
Government to dispatch adequate reinforcements to the Squadrons
on the North American and West Indian Stations for the protection
of British Shipping; and that it is Her Majesty's pleasure that
nothing should be done by the Naval Forces, indicative of
partiality or preference of either party in the conflict.

I will, according to Your Grace's instructions, consider
those directions as indicating the course which Her Majesty's
Government desire me, in any emergency, to pursue.



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FILE: 1861-08-21_Douglas_to_Newcastle_V61054.txt
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No. 54, Legislative

With reference to Your Grace's Despatch No 57 of the 11th of May
last, signifying to me that Her Majesty's Government see no objection
to the "Victoria Harbour Act 1860" as passed by the Legislature of
Vancouver Island, and will be prepared, on receiving it from me in an
authenticated shape, to submit it for Her Majesty's Confirmation.

I have now the honour of transmitting to Your Grace a Copy of that
Act for her Majesty's approval.



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FILE: 1861-08-21_Douglas_to_Newcastle_V61055.txt
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No. 55

I have the honour to acknowledge the receipt of Your Graces Despatch
marked "Confidential", of the 11th of May last, on the subject of the impending hostilities—which have since commenced between the
United and Confederate States of North America; and informing me that
it was the intention of Her Majesty's Government to apprise me, from
time to time, of their views on the questions which are likely to
arise out of this state of conflict, and in respect to which I may be
called upon to act.

I observe by the same Despatch that Her Majesty's Government are
disposed to admit the claim of the Southern States to be recognized
as a Belligerent, and as such, invested with all the rights and
prerogatives of a Belligerent.

I presume by those terms is meant that we are bound to respect their
Blockades, and to abstain from any act which may violate the
conditions of the strictest neutrality.

I also observe that it is the intention of Her Majesty's Government
to dispatch adequate reinforcements to the Squadrons on the North
American and West Indian Stations for the protection of British
Shipping; and that it is Her Majesty's pleasure that nothing should
be done by the Naval Forces, indicative of partiality or preference
of either party in the conflict.

I will, according to Your Grace's instructions, consider those
directions as indicating the course which Her Majesty's Government
desire me, in any emergency, to pursue.



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FILE: 1861-08-21_Hamilton_to_Elliot_Assistant_Under-Secretary_V615TE07.txt
================================================================================

Hamilton to Elliot (Assistant Under-Secretary)

With reference to your letter of the 29th ult I am directed by the
Lords Commissioners of Her Majestys Treasury to acquaint you that
Their Lordships concur with the Duke of Newcastle that the accounts
of the Hudson's Bay Company should be subjected to a strict
examination before any further payment to the Company is made. My
Lords, however, have to suggest whether such an examination might not
be undertaken either by the Audit Office, or by Gentlemen of
Experience in the Audit Office, and the large charges incidental to
the employment of a Professional Accountant thereby avoided.

If His Grace, after communication with the Hudson's Bay Company,
should approve of the course recommended my Lords will be prepared to
give the necessary instructions on the subject.



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FILE: 1861-08-21_Hammond_to_Rogers_Permanent_Under-Secretary_V615FO07.txt
================================================================================

Hammond to Rogers (Permanent Under-Secretary)

I am directed by Earl Russell to transmit to you a copy of a Despatch
from Her Majesty's Minister at Washington respecting the intended
withdrawal of the United States Troops now stationed on San Juan; and
I am to request that, in laying the same before The Duke of
Newcastle, you will say that it appears to Lord Russell that the
British detachment should be retained on the Island whether the
Americans are withdrawn or not.



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FILE: 1861-08-21_Lugard_to_Under-Secretary_of_State_V615WA07.txt
================================================================================

Lugard to Under-Secretary of State

In reference to your letter of 2nd Instant, requesting that the 500
Rifles measuring 7 tons and 150000 Pounds of Ball Ammunition
contained in 131 Quarter Barrels, ordered to be supplied to the
Vancouver Island Colony, might be conveyed in the Ship of War about
to proceed to that Station. I am directed by Secretary Sir G Lewis
to transmit to you the enclosed copy of a communication received from
the Admiralty stating that the Ship in question is unable to receive
the Stores, and to request I may be informed by what means of
Conveyance the Duke of Newcastle would wish the Arms and Ammunition
to be forwarded to their destination.



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FILE: 1861-08-21_Newcastle_to_Douglas_B617086.txt
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No. 86

I have the honor to acknowledge the receipt of your despatch, No.
30, of the 4th of June last, on the subject of the conveyance of
Land in British Columbia.

The Instructions which you have issued to Colonel Moody and to the District Magistrates, to avoid for the future the error which had occurred in the grant of unsurveyed Land in the Colony, appear well
calculated to produce the desired effect.

I must however observe that although it is doubtless very desirable
that Land disposed of before Survey should be subject to the condition
of continuous occupation till the Survey comes up to it, that condition
is not imposed by the 7th Article of the Proclamation. Any confusion
therefore which may result from the omission of that condition is in my
opinion chargeable on the imperfect language of the Proclamation and not
on the Chief Commissioner.



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FILE: 1861-08-22_Berens_to_Newcastle_V615MI07.txt
================================================================================

Berens to Newcastle

I have the honour to acknowledge the receipt of to Sir Frederic Rogers'
letter of the 20th instant, enclosing a Copy of a Despatch addressed
by Your Grace to the Governor of Vancouver's Island on the subject of
the completion of the Title Deeds of the "Church Reserve" at Victoria
and the conveyance thereof to Trustees for the benefit of the Church
of England; and I have to state that in compliance with your Grace's
suggestion instructions will be given to the Agents of the Hudson's
Bay Company in Vancouvers Island as will enable them with the
concurrence of Governor Douglas to adopt the course with respect to
the completion of the Title Deeds which Your Grace has pointed out.



================================================================================
FILE: 1861-08-22_Douglas_to_Newcastle_B61049.txt
================================================================================

No. 49

I have the honor to acknowledge receipt of Your Grace's
Despatch No 79 of the 15th May last, in which Your Grace has entered into a review of four Proclamations transmitted
with my Despatch No 11 of the 6th February 1861.

2. I beg to tender my apologies for the delay which occurred
in forwarding those Proclamations, and I cannot but admit the
full force of your Grace's strictures on the loose manner in
which they appear to have been drawn. I have forwarded a copy
of your Despatch for the information of the Attorney General,
and I will take care that the alterations suggested are attended
to, and that the publication of Her Majesty's disallowance of
the Act to facilitate the trial of Criminals, be made without delay.

3. I feel much indebted to Your Grace for the great trouble
you have taken in addressing me upon this subject, and for so
kindly and so clearly pointing out the great errors into which
we have fallen.



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FILE: 1861-08-22_Douglas_to_Newcastle_B61050.txt
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No. 50

My departure for the interior of British Columbia shortly after the receipt of your Despatch No 67 of the 24th
February last, and the many matters I have had pressing upon
my attention since my return, will, I trust, be accepted as
my apology for not earlier affording the information required
in respect to the Accounts of the Colony of British Columbia.

2. I gather from the tenor of the Despatch that Your
Grace considers inattention has been exhibited to established
Rules, and to previous Despatches upon the subject of the
periodical transmissions of Colonial Returns and Accounts. I
cannot but express my deep regret that such should be considered
to be the case, and my hope that hereafter it will be found
that all Returns and Accounts will be rendered with the utmost
punctuality. I am glad however to think that the receipt of
my Despatches No 7 of the 26th January, No 12 of the 7th
February, and No 18 of the 19th February, will have afforded
to Your Grace within a short time after the date of your Despatch,
the information that was the more immediately wanted for the
furtherance of the interests of the Colony, and will have evinced
that I was not altogether unmindful of established regulations;
and I have now the satisfaction of acquainting Your Grace that
the entire Accounts, both for the year 1859 and for 1860, were
forwarded to the Commissioners of Audit on the 15th of last
month, after having undergone a thorough Audit in the Colony,
and been ascertained to be in a very satisfactory condition,
as will be seen from the enclosed copy of a report upon their
state which I called for from the Auditor at the time of the
receipt of Your Grace's Despatch, knowing the Accounts to be
then in his hands.

3. With respect to the delay that has undoubtedly occurred,
I feel assured Your Grace will not overlook the great difficulties
with which we have had to contend in the organization of Departments
in British Columbia; a Colony suddenly called into existence under
peculiar and unforeseen circumstances; a Country previously
unsettled, and unoccupied, and far removed from the parent State
from whence supplies could be drawn suitable to requirements. To
find men fitted for the many offices it was absolutely necessary
to create for the peace, order, and good government of the Country,
has from the first been to me a source of harrassing anxiety, and
although men have been found capable of discharging the more
important duties of Assistant Gold Commissioners and Justices of
the Peace with perhaps even more than ordinary discretion and
firmness, yet it can scarcely be expected at once to realize
in such men the qualities of trained Accountants, enabling them
to keep with correctness and punctuality, in addition to the
Accounts pertinent to their Department, the elaborate Accounts
incident to a Sub-Treasurer, or District Collector, all of which
it has been imperative that they should attempt to do in order
that the System of Account established for British Columbia
should be carried out. That failure should arise at first, that
greatly increased labour should fall upon the head Offices, and
that delays should in consequence occur, is no more than a
natural result. Such has been the case in British Columbia, and
to attempt to overcome these drawbacks, and to render the entire
accounts of the Colony in the first year of its existence in a
shape closely approximate to the system we were directed to adopt,
must I principally attribute the delay which has arisen in
forwarding any Accounts at all.

4. With regard to the Book of Colonial Rules and Regulations,
I have but one Copy;

*

I have, however, since the receipt of Your
Grace's Despatch communicated to the Treasurer the paragraphs
to which you draw my attention respecting the Special Returns
required. I will take care that in future these Returns are
punctually forwarded, but I cannot now, under these circumstances,
charge the Treasurer with any remissness of compliance with those
rules, and I have not, consequently, called upon him for the
explanation which Your Grace required, if the omission were
justly attributable to him. I would ask Your Grace to cause
three Copies of the Book of Regulations and Two Copies of
"Instructions to Governors of Colonies," respecting Accounts, to
be furnished to me by the first suitable opportunity, in order
that hereafter inconvenience may be avoided and the strictest
attention be given to the requirements therein contained.

5. I cannot close this Despatch without observing that the
system of Accounts established for British Columbia, which is
similar to that pursued in Ceylon, does not appear to be suitable
in its entirety to a Colony so small and so expensive as British Columbia. In Ceylon probably three or four excellent Clerks
and good Accountants (Natives) can be obtained for a less rate
of Salary than one young, inexperienced and untrained Clerk can
command in British Columbia. The multiplicity of Documents, the
consumption of paper, the cost of printing Forms, the expense of
postage, and the amount of clerical labor arising out of this
System appear greatly incongruous to the circumstances of the
Revenue and Population of the Colony. Some time back I called
upon the Treasurer to report whether he was able to suggest
some modification of the system that would have the effect of
lessening labor and expense, but he did not seem inclined to
propose any alterations, greatly approving of the system as
a whole. I notice however that the Auditor does consider that
a more simple and less expensive system might be substituted;
and I should be glad if Her Majesty's Government would permit
me to dispense with some of the More elaborate details, taking
care meanwhile that no safeguard or really efficient check be withdrawn.



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FILE: 1861-08-22_Douglas_to_Newcastle_V61056.txt
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No. 56

With reference to Your Grace's Despatch No 56 of the 5th of May
1861, conveying the approval of the Queen for the appointment, of
Messrs Donald Fraser, David Cameron, and Alfred John Langley to the
Legislative Council of Vancouver Island, I have to inform Your Grace
that three Warrants under the Royal Sign Manual transmitted with Your
Graces Despatch of the 29th of May last, (Separate), authorising me
to appoint those gentlemen to Seats in the Council of Vancouver Island, have been received.



================================================================================
FILE: 1861-08-23_Newcastle_to_Douglas_V617067.txt
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No. 67

I have received your despatch No. 34 of the 7th May last, transmitting a Memorial addressed to me by the Revd. E. Cridge praying for the fulfilment of the agreement with the Hudson's Bay Company under
which he was appointed Minister of Victoria, and also for the conveyance in trust of a portion of land near the Victoria Church known as the Church Reserve. I now transmit to you a copy of a letter from the Hudson's Bay which encloses a Memorial upon this subject from Mr. Cridge, and a letter from the Bishop of Columbia recommending the
memorial to the favorable consideration of the Company.

After a careful perusal of these documents I am of opinion that
the site of the Church ought clearly to be conveyed to such Trustees
for the Church of England, as may be agreed upon by the Bishop and
yourself, and I see no obligation to a similar conveyance to Trustees
of the Parsonage and Glebe for the use of the Incumbent if local
circumstances present no obstacle to that course. I must however
remind you that in case such a conveyance is made, great care should be
taken that the questions pending between the Hudson's Bay Company and
Her Majesty's Government respecting the ownership of land in Victoria
are in no way prejudiced.

With reference to that part of the letter from the Hudson's Bay
Company which relates to the conveyance to the Church of England
exclusively of the Cemetery which hitherto has been used indifferently
by all communities of Christian, I have to observe that the Cemetery
should on no account be so disposed of as to interfere with the burial
therein of persons of all religious persuasions or to render the mode of burying such persons in any way dependent upon the Authorities of
the Church of England. If however the members of the Church desire a
part of the Cemetery to be consecrated and appropriated to the use of
their Communion, I see no objection to a conveyance of part of it to
Trustees for this purpose.

You will inform Mr. Cridge, with regard to the removal of his
engagement with the Hudsons Bay Company, that as it rested entirely with
the Legislature of VanCouvers Island to provide the necessary funds for
the purpose, and as they have declined to do so, I regret that it is not
in my power to comply with his request.

I have caused a copy of this despatch to be sent to the Hudsons
Bay Company, with the suggestion that such instruction or authority
should be given to their Agents as would render it practicable with your concurrence to adopt the course which I have pointed out—I annex
a copy of the answer which I have received.



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FILE: 1861-08-24_Newcastle_to_Douglas_V617068.txt
================================================================================

No. 68

I have the honor to transmit to you herewith a copy of a despatch
from Her Majesty's Minister at Washington respecting a report of the
intended withdrawal of the United States Troops now stationed on San Juan, and I have to instruct you that the British Detachment should be
retained on the Island whether the Americans are withdrawn or not.



================================================================================
FILE: 1861-08-26_Douglas_to_Newcastle_B61051.txt
================================================================================

No. 51, Financial

I have the honor to forward herewith, a comparative approximate Statement of the Revenue of the Colony of
British Columbia
during the Half years ending 30th of June 1860 and
1861, and I trust the same may be of interest to Your Grace.



================================================================================
FILE: 1861-08-26_Douglas_to_Newcastle_B61052.txt
================================================================================

No. 52

I have the honor to acknowledge the receipt, upon this date,
of Your Grace's Despatches of the numbers and dates noted on
the other side hereof.

*



================================================================================
FILE: 1861-08-26_Douglas_to_Newcastle_V61057.txt
================================================================================

No. 57

With reference to my Despatch No 51 of the 8th instant, requesting that Your Grace would cause a supply of Rifles and ammunition to be sent out to arm the Volunteer Rifle Corps which have been lately enrolled in this Colony, I also requested that four Light Field Pieces with their furniture should be sent out at the same time.

Having since writing that Despatch, had the advantage of consulting
Colonel Moody on the equipment of the Rifle Corps, I have now to recommend, instead of the four Light Field Pieces therein requested,
that Your Grace would cause to be forwarded, two complete Field
Batteries, including the Howitzer in each Battery; being one Battery
for each Colony; with a full allowance of ammunition, and harness
fitted for the small country breed of horses, which are not over 15
hands.

As the roads are rough and unfinished Six horses will be required for
each Gun.



================================================================================
FILE: 1861-08-26_Douglas_to_Newcastle_V61058.txt
================================================================================

No. 58

I have the honor to acknowledge the receipt, upon this date, of Your
Grace's Despatches of the numbers and dates noted on the other side
hereof.

*



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FILE: 1861-08-27_Berens_to_Newcastle_B615MI09.txt
================================================================================

Berens to Newcastle

I have the honor to acknowledge the receipt of Mr
Fortescue's letter of the 9th instant communicating to me,
by the directions of Your Grace, the substance of a despatch
recently received from Governor Douglas on the subject of the claims of the Hudson's Bay Company to land in British Columbia,
in which he suggests as a basis for the settlement of those
claims—first, as regards Country lots that the places occupied
by the Company as existing Forts or Posts; and which are necessary
for carrying on their business, should be transferred to the
Company in fee together with all fenced or cultivated lands, if
not exceeding One hundred acres of Country land in any one grant,
except, at New Langley and Kamloops where the grants should be
increased to five hundred acres each, and secondly, as regards
town lots that the Company be restricted to lots actually occupied
by their business premises.

In reply I beg to assure Your Grace that it is the earnest
desire of the Hudson's Bay Company to put an end to the differences
existing on this subject, on any terms that may appear to be
reasonable, and I trust that the suggestions thrown out by Governor Douglas furnish ground for hoping that an arrangement may now be come to.

The limit put by Governor Douglas upon the quantity of land
to be transferred to the Company, in connection with their
different Forts and Posts bears, in most cases, but a small
proportion to the amount to which they have laid claim, and
which claims they certainly understood Governor Douglas,
(from the terms of his despatch to Your Grace under date the
31st day of May 1859, and transmitted to me by Your Grace's
direction under date the 14th September 1859) to have
admitted as well founded. But still the wish of this Company
being to have the question settled in such a manner as that
their rights shall be clearly defined, so that they may be
enabled to pursue their business without further encroachments
or intrusion, they are ready to adopt the proposal of Governor
Douglas as a general proposition, coupled however, with certain
modifications rendered necessary by local circumstances, where
it is clear that the quantity of land proposed to be given is not
sufficient for the carrying on of the Company's trade.

I shall not trouble your Grace by entering into an
examination of Governor Douglas's proposition as applicable to
each particular Post or Fort, as it would require an intimate
local knowledge of the places in question, but I herewith enclose
a statement drawn up by a Gentleman who has recently returned
from Vancouver's Island where he acted for the last three years
as representative of the Company, and from which Your Grace will
observe that there is no disposition on the part of the Company
to be exacting in their demands, or to require more space than
is actually required for the maintenance of their establishments
on their present footing. The terms suggested are in some instances
almost the same, in others only a trifle larger than those proposed
by Governor Douglas, and I trust that there is no difference which can be considered essential. Upon the whole I may state that
the Company will be prepared to come to a settlement, substantially,
on the terms proposed by Governor Douglas if they be allowed to
purchase such other portions of the lands to which they lay claim as
they find it may be necessary for the purposes of their trade,
at the fixed price demanded by the Government for the lands in
the Colony, not charging the Company with any extra value attaching
to the lands in question, and which can only have arisen from the
outlay made upon them by this Company.

With regard to what are called "Town Lots" I have to submit
that the rights of the Company should not be restricted to the
ground actually built upon, but that they should be allowed a
certain open space around each lot of from 60 to 100 feet which
they are advised by their Agents in the Colony will be essential
for their protection as well against fire as against the inroads
of the Indians.

If Her Majesty's Government are prepared to assent to a
settlement of the Company's claims upon the basis I have here
suggested I presume it will be necessary that the Government
should appoint some one in the Colony, and the Company do the
same, for the purpose of carrying this arrangement into effect,
and giving to this Company an indisputable title to what may be
made over to them.



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FILE: 1861-08-29_Romaine_to_Rogers_Permanent_Under-Secretary_V615AD07.txt
================================================================================

Romaine to Rogers (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 Sir Thos
Maitland, dated the 22nd June, No 175, with copies of its
enclosures, relative to the withdrawal of the United States Troops
from the Island of San Juan.



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FILE: 1861-08-31_Douglas_to_Newcastle_B61053.txt
================================================================================

No. 53

I have the honor of acknowledging the receipt of Your
Grace's Despatch No 77 of the 9th May last, enclosing a
memorandum from Mr Ffennell on the subject of the protection of the Salmon Fisheries of British Columbia, and a subsequent correspondence with that gentleman.

I have also lately received the Fishery Act and official
Reports bearing upon the matter in which Your Grace requested
the Governor of Canada to send to me.

I have to thank Your Grace for those valuable documents,
which afford so much useful information on the methods of
preserving and regulating Fisheries.



================================================================================
FILE: 1861-09-02_Cox_&_Co._to_Rogers_Permanent_Under-Secretary_B616C05.txt
================================================================================

Cox & Co. to Rogers (Permanent Under-Secretary)

We have the honor to enclose a certificate to the effect that
Colonel R.C. Moody, Royal Engineers, was alive and performing his
duties, as Commissioner of Lands & Works for British Columbia, on
1st July last, and request that you will be good enough to
direct the usual authority to issue to the Paymaster General for
the payment of that officer's Salary to 30 June.



================================================================================
FILE: 1861-09-03_Hamilton_to_Rogers_Permanent_Under-Secretary_V615TE08.txt
================================================================================

Hamilton to Rogers (Permanent Under-Secretary)

With reference to your letter of the 21st ult. on the subject of two
Bills of Exchange for £600 and £400 respectively drawn by command of
the Governor of Vancouver's Island, 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 authorized
the payment of these Bills (nos. 12 and 13) presuming them to be for
further advances on account of the Marines at San Juan.



================================================================================
FILE: 1861-09-03_Newcastle_to_Douglas_V617069.txt
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No. 69

I have the honor to acknowledge the receipt of your despatch No.40 of the 25th June last, respecting the intended withdrawal of the United States Troops from San Juan; on this subject I beg to refer you to my despatch No. 68 of the 24th ultimo, instructing you that the British Detachment is to be retained on the Island whether the American force be withdrawn or not.



================================================================================
FILE: 1861-09-04_Douglas_to_Newcastle_B61054.txt
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No. 54

I have the honor of transmitting to Your Grace herewith,
Four Proclamations which have lately come into force in the
Colony of British Columbia, entitled as follows:

1. The Pilotage Act 1861.

2. The Roman Catholic Land Act 1861.

3. The Pre-emption Purchase Act 1861.

4. The Fireman's Protection Act 1861.

I have also the honor of enclosing the accompanying Report
from the Attorney General explaining very clearly the nature and
object of those Acts, with which I submit them for Her Majesty's
approval.



================================================================================
FILE: 1861-09-06_Newcastle_to_Douglas_V617070.txt
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No. 70

I have the honor to acknowledge the receipt of your despatch No.
46 of the 12th of July forwarding copy of the speech with which you opened the second Session of the General Assembly of Vancouver Island, and of the Addresses which you received in reply.



================================================================================
FILE: 1861-09-09_Newcastle_to_Douglas_V617071.txt
================================================================================

No. 71

I have the honor to acquaint you that the Lords Commissioners of
the Treasury have authorized the payment of two Bills Nos. 12 and 13
drawn by the Treasurer of Vancouver Island for the sums of £600 and
£400 respectively.

Considerable difficulty being experienced in identifying the Bills
left from time to time at the Paymaster General's for payment with
those advised in your despatches to the Secretary of State, I have to
instruct you for the future to specify in your despatches to the
Secretary of State the number and dates of the Bills so to be drawn,
together with their separate amounts and the service for which they are
drawn in order that this difficulty may be avoided.

It will also be desirable that Bills drawn for the General service
of the Colony and those drawn for Army Services may be specially
distinguished by distinct series of numbers.



================================================================================
FILE: 1861-09-10_Douglas_to_Newcastle_V61059.txt
================================================================================

No. 59

I have the honor to acknowledge the receipt of your Grace's despatch
No 55 of the 1st May,
forwarding a letter from Mr Heseltine
representing that a sum of
Sixty six Pounds, thirteen shillings and four pence (£66.13.4) was due at the time of his decease to his late
son, on account of salary as Steam Inspector to this Government.

2. With reference to the above claim I have the honor to acquaint
your Grace, that Mr Heseltine
was appointed to the office of Inspecting Engineer as represented, but he
never completed any one
single Act of the important duty it was intended he should perform,
altho' many times called upon to do so; alleging as a reason that he
was waiting until he could obtain apparatus suitable for testing the
peculiar boilers used on this coast. It would seem from a letter
addressed by him to the Harbour Master in reply to a Requisition for
a Report on the condition of the Steam vessels, that he had been on
board most of them and had made a provisional inspection as he termed
it. No Certificates of the fact were however forthcoming, and I am
inclined to believe these provisional inspections consisted mainly in
using his reputed Office for the purpose of obtaining passages
backwards and forwards between this place and British Columbia, and
up the Fraser River, in the different steam vessels.

3. For these reasons I considered that
Mr Heseltine could not be
regarded as having any claim to a salary which was to be given for specific services rendered, and it would almost
appear that Mr
Heseltine so regarded it himself, for he never preferred any claim.

4. At the time of Mr Heseltines
appointment, from the number of high pressure steam vessels running between these Colonies, it was
highly desirable if not
indispensable as a necessary security to life and property that the Office of Inspecting Engineer should be created.
Mr Heseltine was brought to my notice,
as a person possessing superior attainments as an Engineer both theoretically and
practically, of most respectable connections, and, in short, as the only thoroughly qualified individual in the community. These
representations I have every reason to believe were
strictly correct,
but unfortunately he was also a person of dissolute and erratic
habits, and much given to inebriety. Of this I only became aware
after his death, but to these propensities unquestionably may be
attributed the non-performance of the duties of his Office.



================================================================================
FILE: 1861-09-10_Hamilton_to_Rogers_Permanent_Under-Secretary_V615TE09.txt
================================================================================

Hamilton to Rogers (Permanent Under-Secretary)

I am directed by the Lords Commissioners of Her Majestys Treasury to
acquaint you, for the information of the Duke of Newcastle, with
reference to your letter of the 30th ult, that My Lords have
selected Mr Wm Andoe of the Audit Office to conduct the enquiry
into the Accounts of the Hudson's Bay Company, which appears to be
necessary previously to making any further payment to the Company in
respect of their claim in connexion with the resumption, by the
Crown, of Vancouvers Island.

Mr Andoe has been directed to place himself at once in communication
with the Colonial Office.



================================================================================
FILE: 1861-09-10_Hammond_to_Rogers_Permanent_Under-Secretary_V615FO08.txt
================================================================================

Hammond to Rogers (Permanent Under-Secretary)

I have laid before Earl Russell your letter of the 6th Instant and
its Inclosures, and I am to request that you will state to the Duke
of Newcastle, that Lord Russell concurs in the Despatch which His
Grace addressed under date of the 3rd Instant to Governor Douglas
respecting the retention of the Marines on the Island of San Juan.



================================================================================
FILE: 1861-09-11_Douglas_to_Newcastle_B61055.txt
================================================================================

No. 55, Financial

Adverting to my Despatch No 50 of the 22nd Ultimo, and to previous correspondence upon the subject of Returns and Accounts required from this Government, I have the honor to forward herewith the Return for the year 1860 as described on the other side hereof, *and I trust that the same may be found satisfactory.



================================================================================
FILE: 1861-09-11_Douglas_to_Newcastle_V61060.txt
================================================================================

No. 60

In reply to your Despatch No 49 of the 31st March, requesting me to
furnish any information I may be able to supply on the subject of the
entertainment on board Her Majesty's Gun Boat Grappler in October
1860 of Captain Edward Stamp, represented to be the Government
Superintendent
of the Settlement of Barclay Sound, I have the honor
to acquaint Your Grace that the circumstances of the case are as
follows. In October last it was necessary, in consequence of some
misconduct and symptoms of hostility on the part of the Indians in
the neighbourhood of Barclay Sound, to despatch a Gun Boat to the
place; the Senior Naval Officer at Vancouver's Island, Captain Spencer of the Topaze, applied to me to afford the assistance of a
Pilot, as Barclay Sound was unsurveyed and the Officer in Command of
the Gun Boat was ignorant of the navigation; I had no one to send, but
Captain Stamp, who is not in the Service of the Government, but one
of the Energetic projectors and proprietors of the Settlement at
Barclay Sound, happened to be upon the spot, and immediately
volunteered his services to supply the required assistance. They
were accepted, and as they were gratuitously rendered, I have not
thought it proper to make any claim upon Captain Stamp in repayment
of the expenses for entertainment now referred to.



================================================================================
FILE: 1861-09-13_Romaine_to_Rogers_Permanent_Under-Secretary_V615AD08.txt
================================================================================

Romaine to Rogers (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 9th July, No 184, from
Rear Admiral Sir Thos Maitland, with Copies of its enclosures
relative to the Order for the removal of United States Troops from
San Juan having been countermanded.



================================================================================
FILE: 1861-09-13_Walcott_to_Rogers_Permanent_Under-Secretary_V615LN11.txt
================================================================================

Walcott to Rogers (Permanent Under-Secretary)

As I learn that Mr Andoe

of the Audit Office has been appointed to examine on behalf of the
Government the accounts of the Hudson's Bay Company in connection
with the Government of Vancouvers Island, I enclose a letter of
explanation and instruction which if it meets the sanction of the
Duke of Newcastle I would suggest may be sent to Mr Andoe for his
information and guidance.



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FILE: 1861-09-14_Hawes_to_Under-Secretary_of_State_B615WA01.txt
================================================================================

Hawes to Under-Secretary of State

I am directed by Secretary Sir George C. Lewis to transmit
herewith 3 copies of the charts of the World, and of the Stars,
prepared by Colonel Sir Henry James, for the use of the Surveyor
General of British Columbia, of W. Australia,
of Mauritius and
I am to request that you will move the Duke of Newcastle, should
he see no objection, to cause them to be transmitted to the
Officers adverted to, as presentation copies from the Secretary
of State for War.



================================================================================
FILE: 1861-09-15_Douglas_to_Newcastle_B61057.txt
================================================================================

No. 57

I have the honor to acknowledge the receipt upon this date,
of Your Grace's despatches of the numbers and dates noted on
the other side hereof.

*



================================================================================
FILE: 1861-09-15_Douglas_to_Newcastle_V61062.txt
================================================================================

No. 62

I have the honor to acknowledge the receipt upon this date, of your
Grace's despatches of the numbers and dates noted on the other side
hereof.

*



================================================================================
FILE: 1861-09-16_Bousfield_to_Under-Secretary_of_State_B616B01.txt
================================================================================

Bousfield to Under-Secretary of State

I wish to obtain some information about British Columbia with
a view to emigrating to that Colony & I therefore do myself the
honor to request you will be good enough to inform me of any
particulars in your power as to free grants of land to settlers,
with the conditions thereof, whether any pamphlets or books have
been published by the Local Government, or by others, giving all
necessary details to intending emigrants & if so can you favor me
with the names of the Publishers to enable me to procure them.

I know no other means of obtaining this intelligence or I
would not have troubled you with this Letter.



================================================================================
FILE: 1861-09-16_Douglas_to_Newcastle_B61056.txt
================================================================================

No. 56, Financial

With reference to your Grace's Despatch, Vancouver's Island
No 59, of the 12th June, I have the honor to forward herewith
an Account of the Bills drawn by me upon Her Majesty's Paymaster
General to defray the expenses of the Royal Engineers & Royal
Marines serving in British Columbia, for the year 1859, and an Account of Bills, in like manner drawn to defray the Expenses of the Royal Engineers during the year 1860, accompanied in each case by an abstract of the Expenditure under the different heads
of Service, the entire details of which together with the
requisite Vouchers, were forwarded with the general Accounts of
the Colony to the Commissioners of Audit on the 15th of July
last. I also transmit a Statement of the Bills drawn on the
Paymaster General, and of the sums advanced to Colonel Moody,
on account of the Regimental Pay of the Royal Engineers.

2. I will take care in future whenever Bills are drawn upon
Her Majesty's Paymaster General that the Service upon Account of
which such Bills are drawn be distinctly marked upon the Bill.



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FILE: 1861-09-16_Douglas_to_Newcastle_B61056SP.txt
================================================================================

Separate

I have much satisfaction in reporting to Your Grace that
the Colony of British Columbia continues in a tranquil and
progressive state.

2. The Gold Commissioners in their last monthly reports
represent the continued exodus of the mining population from
their respective Districts towards the "Cariboo" country, in
speaking of which I have adopted the popular and more convenient
orthography of the word—though properly it should be written
"Cariboeuf" or Rein Deer, the country having been so named from
its being a favorite haunt of that species of the deer kind.

3. The most extraordinary accounts of the wealth of that
Gold Field are received by every succeeding Steamer from British Columbia; and those accounts are confirmed by letters from the
merchants and traders of the District, and by fortunate
adventurers who have realized, by a few weeks labour, their
thousands of dollars. It would in fact appear that Cariboo is
at least equal in point of auriferous wealth to the best parts
of California; and I believe the Gold deposits of British Columbia
will be found to be distributed over a far more extensive space.

4. I am unable to arrive at any satisfactory conclusion as
to the average daily earnings of Miners in the Cariboo country,
but some idea may be formed of the large sums realized, from the fact that 195 ounces of Gold were taken in one day out of a single mining claim, while ordinary claims yield as much as forty and fifty dollars a day to the man: but perhaps the most
telling circumstance is the high price of labour, which has
attained to the extraordinary sum of ten dollars a day, and
any number of men may find employment at that rate of pay.

5. The Cariboo Gold District was discovered by a fine
athletic young man by the name of McDonnell, a native of the island of Cape
Breton, of mixed French and Scotch descent, combining in his personal appearance and character, the courage,
activity and remarkable powers of endurance, of both races. His health
has suffered from three years constant exposure and privation, which induced him to repair with his well earned
wealth to this Colony for medical assistance.

6. His verbal report to me is interesting, and conveys the idea of an almost exhaustless gold field, extending through the
quartz and slate formations, in a northerly direction from Cariboo Lake.

7. The following well attested instances of successful mining
at Cariboo may prove interesting, and will probably convey to Her
Majesty's Government a more precise idea of the value and real
character of this Gold-field than any mere generalizations, and
with that object in view, I will lay the details, as received
from the persons themselves, before Your Grace.

8. John McArthur and Thomas Phillips arrived here from Cariboo on the 17th of August last with nine Thousand dollars worth of gold dust in their possession, being the fruits of three months
residence at the mines. They arrived there on the 1st day of
May, and left again on the 1st day of August, having previously sold their mining claim at a high price to other persons. Their
largest earnings for one day amounted to five hundred and twenty
five dollars, and no single days work yielded less than twenty
five dollars. Both those persons have been mining in California,
and are acquainted with its resources, yet they give it as their
opinion that Cariboo, as a "generally paying country, surpasses
the best days of California".

9. Mr Patterson and brother arrived at New Westminster by
the Steamer of the 14th instant, with Ten Thousand dollars
worth of gold dust, the produce of five weeks work at Cariboo.
I personally inspected their treasury, of which they are justly
proud, being the well earned reward of their skill and enterprise.
Mr Patterson's mining claim was on the Lowhee, a tributary of
Swift River, and about 16 Miles distant from Antler Creek. The
ground was composed of gravel and many quartz boulders, and the
depth to the bed-rock was from 4 to 6 feet, beyond which he did
not attempt to penetrate, though the richest deposit of gold was
immediately over the bed-rock. The largest days return from the
claim was 73 ounces of gold, worth about Twelve Hundred dollars;
on another occasion he received 70 ounces at the close of a days
work. The Gold is in rough jagged pieces, the largest found by
Mr Patterson was over six ounces; but on the next claim to his,
a piece of ten ounces was picked up by the lucky proprietor. Mr
Patterson sold his mining claim before his departure from Cariboo,
and is now returning to his native country, the United States,
with the wealth he has so rapidly acquired in British Columbia,
this being one of the evils to which the Colony is exposed through
the want of a fixed population.

10. The firm of Messrs Levi and Boas of New Westminster have kindly permitted me to communicate the following extract from a letter dated 27th August 1861, which they very lately received from Mr Levi the managing partner of the firm at Cariboo:

Hamburger went to Abbott who used to be at Langley, and
borrowed $2000. I must let you know that Abbott and Jordon have one of the richest claims in the country. The least they take out a day, three of them, is 120 ounces. They have a flour sack of Gold 14 inches high. They will make till fall $100,000 a piece. Out of one little crevice, while Hamburger was up there, he, Abbott, took 60 ounces out of it, and Gold makes your eyes water, and you will never see a greater excitement as there will be next season.

If you can send up such goods as we want, do so, as I will
explain to you it is only 5 or 6 weeks more that pack trains can
come in here, and then we can get any price for them, besides
which, Spring, when there is a lot of people rushing in, and we
the only ones which have goods. You bet I would soak into them.
The Country is alright, there is more gold in it as there was
in California, dont say nothing to nobody.

11. I will not multiply these details, having said enough to show Your Grace the opinion entertained by the public of the newly
discovered gold fields, and of the probable influx of population
from California and other countries which may be attracted by those
discoveries. I need not assure Your Grace that every precaution
will, in that event, be taken to maintain the peace, order, and
good government of the country, and to increase its permanent
population, but it is impossible to repress a feeling of profound
regret that so few of Her Majesty's British subjects have yet
participated in the rich harvests reaped in British Columbia,
though there is certainly no country in the world that offers
greater inducements to the labouring classes, or for the employment
of capital. The settler enjoys the peculiar advantage in British Columbia of an unfettered choice of the public domain, and may
without expense, or official delay, select any part of the Colony
he pleases, as his future home; the ultimate price of country
land being in no case over four shillings and two pence an acre,
payable by instalments spread over several years. In fact the
system of no country can offer greater inducements to the settler and Miner than the land Regulations and Mining laws of British Columbia.

12. The Miners at Cariboo have, I am glad to inform Your Grace, suffered no privation whatever from the want of food. Besides the large importation of bread-stuffs and salt meat packed in from
Lillooet and Lytton, large droves of cattle have been sent to
Antler Creek, where the native grasses are nutritious and abundant, and fresh beef is now selling by retail at 1s/8d a pound. A Mining town of some note has sprung into existence at Antler Creek, and supplies of all kinds can be readily purchased.

The traveller who is prepared to encounter famine in its
gauntest forms on his arrival at Cariboo, is not a little astonished
to find himself in the midst of luxury, sitting down every morning
to fresh milk and eggs for breakfast, and to as good a dinner as
can be seen in Victoria.

13. The great commercial thoroughfares leading into the
interior of the country from Hope, Yale and Douglas, are in rapid
progress, and now exercise a most beneficial effect on the internal
commerce of the Colony. I have many other productive public works
indispensable for the development of the Colony in view, but I
cannot undertake their execution until I am made acquainted with Your
Grace's decision about the proposed loan of money for British Columbia.

14. There is nothing in the condition of the other Districts of
the Colony with which I need trouble Your Grace at present, though
it may be necessary soon to draw Your Grace's attention to a reported
discovery of Gold on Stickeen River—Latitude 57o within Her Majesty's Territories north of British Columbia, to which some
adventurers, trusting to the faith of the native Indians who brought
the tidings, have inconsiderately repaired.

15. Should the report prove correct, it will be necessary to
take steps for the government of the country, and to prevent the
many disorders that will naturally arise from the absence of any
duly constituted authority.

16. I will not fail to exercise that power, should circumstances
require it, until Your Grace's instructions are received.



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FILE: 1861-09-16_Douglas_to_Newcastle_V61061.txt
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No. 61

I have the honor to acknowledge receipt of Your Grace's Despatch No
59 of 12 June, upon the subject of the services on account of which I
had drawn Bills upon Her Majesty's Paymaster General.

2. In return thereto I have the honor to acquaint Your Grace, that
the only service for which this Government has drawn Bills upon the Imperial Treasury has been in
connection with San Juan, principally to defray the cost of erecting
Barracks for the Royal Marines, and to pay the extra Pay granted to
them by Her Majesty's Government; accounts for the whole of which up
to the 31st March past have already been transmitted by me to Your
Grace.

3. I will take care in future, in compliance with Your Grace's
instructions, that the service on account of which Bills may be drawn
shall be distinctly marked on the Bills themselves.

4. I forward herewith a Statement of all Bills drawn by me on
account of these Services, up to the present time; but I have never
upon any occasion drawn any Bills without representing the
circumstances to Your Grace, and advising the Paymaster General of
the particulars of each separate Bill.



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FILE: 1861-09-16_Hamilton_to_Rogers_Permanent_Under-Secretary_B615TE17.txt
================================================================================

Hamilton to Rogers (Permanent Under-Secretary)

In reply to your letter of the 7th instant, I am
commanded by the Lords Commissoners of Her Majesty's Treasury
to acquaint you that the Paymaster General has been authorized
to pay to Messrs. Cox & Co on account of Colonel Moody, R.E.
the sum of £300, being his Salary for Quarter ended 30 June,
1861, as Commissioner of Lands and Works in British Columbia.



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FILE: 1861-09-17_Douglas_to_Newcastle_V61063.txt
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No. 63

I have the honour to forward herewith for Your Grace's consideration,
an application transmitted to me by the Naval Commander in Chief Rear
Admiral Sir Thomas Maitland, from
the Lieutenants in Command of Her Majesty's Gun Boats Grappler
and Forward, for a rate of Colonial Pay
to be awarded to those Vessels during the period they are employed in
this part of Her Majesty's Dominions.

2. As Your Grace is aware, the Revenues of the two Colonies of
Vancouver Island and
British Columbia are
not yet in a state to admit of any charge
being
made upon them upon this account. Both Colonies
are still in that infant condition which requires the fostering care
of the Mother Country to provide the means necessary for safety and
protection. Towards this end these two Gun Boats are a most
invaluable auxiliary, and it affords me great pleasure to say that
recently they have upon several occasions been most judiciously and
usefully employed in the maintenance of law and order, and in the
preservation of life and property: and it is very desirable that
they should at all times be in a state of perfect efficiency and free
to be detached with confidence upon emergency or upon any service for
which they may be required. This, however, can hardly be expected
under the existing circumstances of the Country, when the rate of
wages, both afloat and ashore, is so high, and appears so extremely
disproportionate to the rate of Naval Pay; and when, as now, the most
exciting reports are daily received from the Miners, and fortunate
Miners are seen in the Streets with their glittering and seemingly
easily acquired treasures.

3. The Crews of the Gun Boats are exposed to temptation more than
the Crews of larger Vessels. The Gun Boats are permanently stationed
here. Larger Vessels visit other parts of the Station, have fresh
scenes before them, and are not constantly hearing the exciting and
unsettling tales incident to a Gold Country. Larger Vessels have
also Officers sufficient to supervise the Crew. The Gun Boats have
but one Commissioned Officer, the Officer in Command, so that the Crew must, to a certain extent, be more trusted, and less under surveillance.

4. Under these circumstances, and appreciating the value of the Gun
Boats, and the expediency of keeping them thoroughly efficient, and
considering their small cost in proportion to the services rendered,
I cannot but recommend the application to the favorable notice of
Your Grace.



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FILE: 1861-09-17_Hammond_to_Rogers_Permanent_Under-Secretary_V615FO09.txt
================================================================================

Hammond to Rogers (Permanent Under-Secretary)

With reference to my Letter of the 21st Ultimo, I am directed by
Earl Russell to state to you, for the information of the Duke of
Newcastle, that it appears from a letter which has been received at
the Admiralty from Rear Admiral Maitland dated the 9th of July, that
the orders for the withdrawal of the United States Troops upon San Juan have been revoked.



================================================================================
FILE: 1861-09-17_Newcastle_to_Douglas_B617087.txt
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No. 87

Lieutenant Colonel Hawkins having suggested that the men serving
under him, in the Boundary Commission should be placed on an equality in
respect to settlement in British Columbia with the men of the Royal
Engineers who are under the orders of Colonel Moody I have to inform you that the Secretary of State for War
has intimated that the men who are
named in the accompanying list will be allowed to take their discharge
from the Queen's service on the withdrawal of the Detachment from North America. This permission having been obtained you will inform
Lieutenant Colonel Hawkins that he is at liberty to announce to the men mentioned in this list that if they shall be disposed, on the return of
the Detachment to England, to settle in British Columbia they shall have
the same advantages as to land in that Colony as have been promised to
the men composing Colonel Moody's party.

It should be added that residence and Military service, if
required, are indispensable conditions for this indulgence.



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FILE: 1861-09-18_Romaine_to_Under-Secretary_of_State_B615AD06.txt
================================================================================

Romaine to Under-Secretary of State

I am commanded by my Lords Commissioners of the Admiralty
to request that you will move the Duke of Newcastle to cause the sum of £42.4.0, being the difference between the £50,
abated from Broker's claim for £1520.1.3, for freight to
Vancouver's Island per "Thames City," and the ascertained
value of Four Cases of Brandy deficient, to be paid to the credit of
Naval Services, through Her Majesty's Paymaster
General, who has been authorized to receive the same.



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FILE: 1861-09-23_Irving_to_Newcastle_V616I01.txt
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Irving to Newcastle

Permit me briefly to lay before Your Grace the following
particulars relatively to a purchase of Land made by me in
Vancouver's Island.

By a letter from Mr Joseph Pemberton, Colonial Surveyor, dated
Victoria, Vancouver's Island December 12 1859 an allotment was
made to me of 159 Acres of Land in the North Saanich district,
being part of 200 acres for which I had applied at the price of
£1 p[er] acre.

I paid £50 down on account of this purchase which has been duly
ackn[owledged] by Governor Douglas. I wrote at a later period
to the Colonial Surveyor respecting the [remainder?]

of the Land to be allotted beyond the 159 Acres but received no
reply. I have thus become a purchaser of Land at £1 p acre, in
good faith that no subsequent act of the Colonial Legislature
would interfere with the [then?]

existing appraisement of Land, so as to depreciate its actual
value.

This, however, has recently been accomplished by the Pre-emption
system, and a reduction of the Government price to 4/2 per acre
with extraordinary facilities for payment.

It is but too obvious that this measure must be ruinously
injurious; and would be most unjust to the original purchasers
of Land, unless some provisional compensation were made.

I would therefore respectfully prefer a claim for the
restitution of the Sum of Fifty Pounds £50 Sterling paid by me
as already explained, the Government taking back the 159 acres
of Land so far allotted me.

May I further solicit an early answer from Your Grace on this
subject and in the meantime I remain



================================================================================
FILE: 1861-09-23_Newcastle_to_Douglas_B617088.txt
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No. 88

The Secretary of State for War has forwarded to this office for
presentation to the Surveyor General of British Columbia the enclosed Charts of the World and of the Stars, which have been prepared in the Topographical Department of the War Office, and I have to request that you will deliver them to the Surveyor General in compliance with Sir G. Lewis' desire.



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FILE: 1861-09-24_Begbie_to_Newcastle_V616B01.txt
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Begbie to Newcastle

I enclose herewith copy of a letter I have addressed to the Secretary
of the Treasury respecting the communication between San Francisco &
British Columbia which I beg your Grace will honor by a perusal & accord to the matter your favorable
consideration & support.



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FILE: 1861-09-25_Peel_to_Rogers_Permanent_Under-Secretary_V615TE10.txt
================================================================================

Peel to Rogers (Permanent Under-Secretary)

In reply to your letter of the 22 June last, I am directed by
the Lords Commissoners of Her Majesty's Treasury to acquaint
you for the information of the Duke of Newcastle that Their Lordships are hardly prepared to give authority for the
purchase, at the expense of this Country, for the sum of £3000,
of the Native title in certain tracts of land in Vancouver's Island.

It is true that the Governor stated that the Treasury should be
repaid out of the proceeds to arise from the sales of Public
Land, but the House of Assembly assert the liability of this
country to bear the charge of extinguishing the aboriginal
title, and My Lords cannot view such a claim as amounting
merely, as the Governor considers, to an application for a Loan.

It appears from Mr Douglas' Despatch, that the practice, till
lately has been to purchase Native Rights—so far only as the Land over
which they extended was immediately required for settlement—and My Lords
cannot but think that if a similar course were now pursued, the necessary
progress might be made in the acquisition of Lands without purchasing
Native Rights on so large a scale, at once, as to require that a Loan
should be raised for the purpose.



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FILE: 1861-09-27_Norman_to_Under-Secretary_of_State_V616N01.txt
================================================================================

Norman to Under-Secretary of State

A poor woman in this neighbourhood has a son named George Cook, who,
in 1849 or 1850, was hired by The Hudson's Bay Company, and went in
their service to Vancouver's Island; where she has reason to believe
that he still remains; and therefore I conclude that he is now in the
service of the Government. His mother is in great distress because
she has had no tidings of him for many years, and has at length
applied to me to help her to procure whatever information can be
obtained respecting him.

May I ask you to be so kind as to cause inquiries to be made whether
any such person as George Cook appears on the books as a Government
servant, and how a letter can be sent to him. His present age
appears to be about Thirty-one.



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FILE: 1861-09-28_Aiken_to_Newcastle_B616A01.txt
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Aiken to Newcastle

A man named Seney who has been a resident for some Years past
in British America has been killed by the fall off a Tree on
Frazers River it appears he has realized a Considerable Quantity of
money and goods. I understand his effects are in the hands of the
representatives of the British Government of British Columbia. His
friends are living in Ireland and are anxious to know what course
they will take to obtain it. Consequently I have taken the liberty
of craving your kind information.



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FILE: 1861-10-01_Hamilton_to_Rogers_Permanent_Under-Secretary_B615TE18.txt
================================================================================

Hamilton to Rogers (Permanent Under-Secretary)

In reply to your Letter dated the 25th inst. I am
commanded by the Lords Commissoners of Her Majesty's Treasury
to acquaint you that the Paymaster General has been authorized
to pay to the account of Naval Services the sum of £173.6.8
on account of passages of Rev. J. Gammage, Mrs Gammage
and Mr W. Hamley to British Columbia between the months
of October 1858 and April 1859, the same to be charged to the
Vote for British Columbia.



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FILE: 1861-10-02_Paget_to_Rogers_Permanent_Under-Secretary_V615AD09.txt
================================================================================

Paget to Rogers (Permanent Under-Secretary)

I am commanded by my Lords Commissioners of the Admiralty to acquaint
you for the information of His Grace the Duke of Newcastle that Rear Adml. Sir Thos Maitland, in a letter dated Vancouver's Island 8th
August last—No 226—reports that the company of United States
Troops on the Island of San Juan, commanded by Captn Pickett, has
been replaced by a Company under the command of Captain T.C. English.



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FILE: 1861-10-03_Walcott_to_Rogers_Permanent_Under-Secretary_V615LN12.txt
================================================================================

Walcott to Rogers (Permanent Under-Secretary)

I have to acknowledge your Letter of the 27th ultimo enclosing an
application from Mr John Irving to be allowed to give up certain
lands which he had purchased in Van Couvers Island and to receive
back the deposit he had paid for them.

2. It appears that in December 1859 Mr Irving applied to purchase
200 acres in the North Saanich district at the then upset price of £1
an acre and obtained an allotment of 159 acres, on account of which
he paid down £50. Subsequently, at the instance of the House of
Assembly and Legislative Council, the price of Government Country
lands was (in February 1861) reduced to 4s/2d an acre.

3. Mr Irving pleads that this measure operates to the detriment of
purchasers at £1 an acre, and claims that the Government should
restore the £50 he has paid, and resume the land.

4. It is plain that the reduction in the price of land must
injuriously affect the previous purchasers—nevertheless I do not see
how this claim can be admitted without establishing a principle and a
precedent of a wide application and pregnant with consequences
injurious to the public interests. If the application be granted
others could not be refused. The whole land transactions of the
Colony would thus become unsettled and the Colonial Government might
be involved in liabilities beyond its ability to meet.

5. In all dealings of this kind the purchaser, as it appears to me,
must be held to take the land under the circumstances of the moment,
and subject to the contingencies and implied conditions legitimately
attaching to it. One of these contingencies obviously is (especially
in a new Country) the liability to such changes in the land granting
system as the general welfare of the Colony may demand.

6. Had the change in question taken an opposite direction Mr Irving
would not have felt called on to tender and would doubtless have
resisted any claim for payment of the increased price.

7. All, I think, that could properly be conceded to Mr Irving is to
allow him to select 50 acres of his allotment for the £50 he has
actually paid, and to relieve him from his liability to complete the
rest of his contract.



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FILE: 1861-10-04_Walcott_to_Rogers_Permanent_Under-Secretary_V615LN13.txt
================================================================================

Walcott to Rogers (Permanent Under-Secretary)

I have to acknowledge your Letter of the 28th ultimo, on the
subject of the application from the Governor of Van Couvers Island for an advance of £3000 from the Imperial Government for
the purpose of extinguishing the native Title to certain lands
in the Colony.

The circumstances of the case and the importance and practical
economy of extinguishing the aboriginal title on the lands in
question as early as possible, are fully set forth in Mr
Murdoch's report of the 12th of June last, who recommended that
the application should be submitted to the Lords Commissioners
of the Treasury, as the only question which appeared to remain
open was the source from which the money should in the first
instance be obtained.

3. From Mr Peel's letter of the 25th ultimo which accompanies
your Letter it appears that the Lords Commissioners of the
Treasury to whom the matter had been submitted, are not prepared
to purchase up the native Title at the expense of this Country,
and do not view the present application as one for a loan, since
the House of Assembly had asserted the liability of the Home
Government to bear the charge of extinguishing the Title. Their
Lordships moreover consider that the Governor's best course
would be to follow his previous practice of purchasing the
native rights over such land only as was immediately required
for settlement, and not on so large a scale at once as to
require that a loan should be raised for the purpose.

4. The Governor has however explained, in his Despatch of the
25th of March, his inability to continue the practice of
purchasing the Native title, and
the great difficulty he experiences
in raising sufficient money to defray the most indispensable
wants of his Government. As the matter therefore stands the
Colony cannot provide the required sum, and the Home Government
declines to make a grant of it. The result will be that the
opportunity will be lost of extinguishing the Native Title on
very moderate terms, and that faith cannot be kept with the
persons to whom the Government sold the land 3 years ago without
endangering the peace of the Country.

5. The only alternative which seems left, that offers a
prospect of solving the difficulty, is that the Governor should
be invested by the Local Legislature with full powers to raise a
loan on the best terms he can, on the security of the land and
general Revenues of the Colony. This security, and distinct
admission of Colonial liability, may probably remove the
objection of the Treasury (which I understand is not so much to
a loan as to a grant) to guarantee so small a sum as £3000—or
if not some capitalist may be found willing to lend it on terms
which, looking at the object to be attained, it may be well
worth the Colony's while to give.



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FILE: 1861-10-08_Douglas_to_Newcastle_B61057SP.txt
================================================================================

Separate

I have the honor of transmitting herewith a memorial
addressed to Your Grace by Mr J.A.R. Homer, and eight
other persons for the purpose of stating their professed
grievances, and urging the policy of establishing representative institutions in British Columbia.

2. This document may be regarded as embodying at most,
the individual opinions of the authors of the Memorial who have
no just claim to the ambitious distinction of being considered
a representative body, and I am not aware that their political
influence or social status is such as would entitle them to
assume the part of becoming exponents of the views, and wishes
of the people of this Colony.

3. I have refused to receive them in their assumed character
of "The British Columbia Convention." The term is associated with
revolution, and holds out a menace. The subject has an undoubted
right to petition his Sovereign, but the term Convention means
something more; it implies coercion.

4. I have no desire to accuse the authors of the memorial
of entertaining any malevolent designs; the majority of them
being known as quiet well meaning tradesmen; sincerely attached,
I believe, to the institutions of the country; but at the same
time, I am not disposed to overlook the fact that they may
become for seditious purposes, the dupes of artful men.

5. I have therefore charged the Magistrates to keep an eye
over their movements, and not to interfere with their proceedings,
as long as they commit no violation of the Law.

6. Their last meeting at Hope, of which this memorial is the only result, appears from the Magistrates report to have
excited very little public interest, as after the first day's
Session scarcely any person, except the authors of the memorial, attended the meeting.

7. With respect to the prayer of the Memorialists, that is,
the redress of grievances, and the grant of representative
institutions, I will observe that I fully, and cordially admit
the proposition that liberty is the Englishmans birthright, and
that the desire for representative institutions is common to all
Her Majesty's subjects. I have no wish to say anything to the
contrary or to advocate any system of Government which deprives
the meanest of Her Majesty's subjects, of their just rights, and
privileges.

8. Parliament has, however, seen fit, for good and sufficient
reasons, to establish a temporary form of Government in British Columbia not unusual in the infancy of British Colonies, the
Government of the Queen in Council, and Parliament, I think,
adopted a wise and judicious course.

9. For my own part, I would not assume the responsibility of
recommending any immediate change in the form of Government, as
now established, until there is a permanent British population to
form the basis of a representative Government, a population
attached to the British throne and constitution, and capable of
appreciating the civil and religous liberty derived from that
constitution; blessings which I venture to assert are now enjoyed
in the fullest sense of the term, by the people of British Columbia.

My opinion on the subject has in fact undergone no change
since I had the honor of addressing Your Grace on the 22nd of
April last in my despatch (Separate) reporting on a former
Memorial forwarded at that time.

10. It is hardly I presume necessary that I should trouble
Your Grace with a very detailed notice of the grievances enumerated
by the Memorialists, which may be classed under the following
heads:

1. The non-residence of the Governor, and Colonial officials.

2. The tax on passengers entering the Colony, and the want of
a public hospital.

3. The absence of an official Survey of the Colony.

4. The want of a Mail service.

5. The want of public schools.

6. Inequality of taxation.

7. Duty on Ship building materials.

8. Establishment of the Gold Escort.

9. Grants to the Episcopal Church.

11. With respect to the first of these complaints, the
residence of the Governor and Colonial Officials in Vancouvers Island,

I beg to inform Your Grace that all the Colonial officers
with the exception of the Governor, Colonial Secretary, and
Attorney General, who hold similar appointments in Vancouver
Island, do actually reside in British Columbia, and it is my
intention as soon as an Attorney General is appointed for British
Columbia to require him to reside in the Colony.

*

My own time is in a great measure occupied with the affairs
of British Columbia, and since the beginning of the present year,
I have resided nearly half the time within the Colony.

The Colonial Secretary is necessarily detained in Vancouvers Island to attend in my absence to the official duties of both
Colonies, but even were it not so, his residence in British Columbia under existing circumstances would be to employ his services in the least useful manner, and to the greatest
disadvantage of the public business.

There appears therefore very slender grounds for this complaint,
as with the exception of the inhabitants of New Westminster it is
in reality a matter of little importance to the people of British Columbia whether the Governor resides at Victoria, or at New Westminster as matters can be referred to him as readily at the one
place as the other.

12. There is certainly nothing objectionable in principle, nor
practically oppressive in the "Passenger tax," alluded to in the
second complaint; it being levied under the head of Harbour dues,
on Vessels entering the Colony, and not directly on Passengers. It
yields a sufficient amount of income to defray the charges incurred
for the relief of the sick, and casual poor, ** but is altogether inadequate to the support of a public Hospital, an establishment which would without necessity, put the Colony to a very heavy expense, as the hand of private charity is equal to the relief of
the very few cases of real distress, which occur.

13. "Official Surveys" will be made of the Colony whenever a demand arises for land, but it is an error to suppose that, "but
little is known of the internal resources of the Colony," or "of
the best route to the Mining regions," on both of those points the
Government is well informed, and the most strenuous efforts are
being made, at this moment, to remove difficulties of access, and
to open the internal communications of the country.

14. A regular Mail Service has for some time past been
established for the conveyance of letters to Douglas, Hope, and
Yale; it has not however been extended beyond these points on account of the great expense to which the Colony would be put
by an efficient overland postal service, and I may add that with
the present small population, the cost would be altogether
disproportional to the object.

This circumstance gives rise to no inconvenience, as letters
are regularly carried to the remotest gold fields at a not
unreasonable charge, considering the cost of travelling by private
express companies, which have been engaged in that business since
the early part of 1858, and I do not consider it advisable to disturb that arrangement which relieves the Government of so much
responsibility, and expense.

15. Government has not been unmindful of the subject of
education, and will make provision for the establishment of public
schools as soon as required; there are at present two schools in
New Westminster, and certainly not over half a dozen children fit for school at any of the other towns in British Columbia.

16. On the subject of taxation I may generally remark, that
the Revenue is levied on a population of at least 35,000 persons,
and not on 8000 as represented in the Memorial, and two thirds
of the whole sum is paid by native consumers. I may further
assure Your Grace that it has been collected without oppression
on the part of the Government, or murmuring on the part of the people.

17. As a proof that the road taxes collected at Douglas,
Hope, and Yale, are not considered "unfair", and meet the general
approval of the people, I forward copies of three petitions lately
received from the Merchants and inhabitants of Hope, Yale, and
Lytton, recommending an additional tax for the formation of roads, which have produced so large a saving in the cost of transport, as already to make a tenfold return to the tax-payer.

18. The Gold Escort, as I informed Your Grace in a former
communication, has a two-fold object, the safe conveyance of Gold
from the distant parts of the Country, and to assist the Magistrates in enforcing obedience, and respect to the laws. There must be a
mistake about the irregularities alluded to in the Memorial, as
the Escort has not yet accomplished its first trip to Cariboo,
a distance of 500 miles, but is reported to be on the way with
a large amount of Treasure.

19. The prohibiting duty on ship building materials is hardly
more real than the former complaint, as the timber is produced in
the Colony, and is subject to no duty whatever, while none of the
other materials are charged with anything more than the regular
duty of 10 per cent ad valorem levied on other commodities.

20. I informed Your Grace in my Despatch Separate, 16th
July, that I have granted the sums of £200 each, at the request,
and in aid of the private contributions of the inhabitants of
Douglas, and Lytton for building Churches in these towns, with
the sole object of providing decent places of christian worship,
which did not previously exist, and to promote the interests of
religion and morality.

21. In conclusion I have only to express my sincere regret
that the authors of the Memorial did not bring forward some
practical scheme for the advancement of the Colony, instead of
occupying their time in an attempt to excite distrust, and foment
discontent, when no real or substantial grievance does, I believe
in point of fact exist.



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FILE: 1861-10-09_Berens_to_Newcastle_V615MI08.txt
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Berens to Newcastle

I have the honour to acknowledge the receipt of to Sir Frederic Rogers'
letter of the 4th instant, enclosing a copy of a letter addressed to
the Colonial Department in which enquiries are made respecting a
person of the name of George Cook who has for some years past been in
the employment of the Hudson's Bay Company in Vancouver's Island.

On enquiry I find that George Cook went out to Vancouver's Island in
November 1850, as a servant in the employment of the Hudson's Bay
Company. About a year afterwards he appears to have entered the
service of the Pugets Sound Agricultural Company, but in 1853 he
re-entered the service of the Hudson's Bay Company, and was employed
at the Coal Mine belonging to that Company at Nanaimo. As late as
February 1859 he appears to have continued in the employment of the
Company at Nanaimo, and to have drawn his wages monthly. Since that
date no returns have reached this house of the servants at Nanaimo so
that it is probable he may still be there. I would take the liberty
of suggesting that, if further information be wanted, enquiries might
be made of the Superintendant of the Coal Mines at Nanaimo who would
readily afford the information required, or if a letter were sent
under cover to him, addressed to George Cook, he would be able to put
it in the way of reaching its destination.



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FILE: 1861-10-09_Newcastle_to_Douglas_V617072.txt
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No. 72

I have the honor to transmit to you herewith a copy of a letter
addressed to me by Mr. John Irving applying to be allowed to give up
certain lands which he had purchased in Vancouver Island previously to
the reduction of the price of Crown Lands from £1 to 4s/2d an acre,
and to receive back a deposit of £50 which he has paid for them.

I am not aware of the Course that may have been followed in
similar cases (of which doubtless there are several in the Colony) but
it is obviously impossible to allow purchasers at the higher price the
option of cancelling purchases actually completed. To do so would
unsettle the whole Land transactions of the Colony and might involve the
Colonial Government in liabilities beyond its powers to meet. The
purchaser moreover must be held to take the land under the
circumstances of the moment and subject to the contingencies and
implied conditions attaching to it; and one of those contingencies
obviously is the liability (especially in a new Country) to such
changes in the land granting system as the general welfare of the
Colony may demand.

All therefore that can properly be conceded to Mr. Irving is to
allow him to select £50 acres of land of his allotment for the 50 he
has actually paid, and to relieve him from his liability to complete
the rest of his contract. But as it is essential that all purchasers
in this position should be treated alike, I shall refrain from
conveying this decision to Mr. Irving until I learn from you that it
does not conflict with the course you may have followed in dealing with
similar cases.



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FILE: 1861-10-14_Cormack_to_Newcastle_B615MI11.txt
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Cormack & Hall to Newcastle

The Memorial of Inhabitants of British Columbia presents at a
Public Meeting held in New Westminster October 14th A.C. 1861
Humbly sheweth that a Memorial from the Inhabitants of British Columbia
represented by an influential Public Meeting held in New Westminster,
was presented to His Excellency Governor Douglas; praying for present expediency that a sum of £5000, or more if necessary, be granted, from the Colonial
Revenue, to subsidize a mail line of Steamers between New Westminster
and San Francisco.

Your Memorialists ascertained from His Excellency, with deep
concern in reply to a deputation that he had not the power to grant any
sum from the Revenue of the Colony without the consent of Her Majesty's
Government, but at the same time expressed his entire concurrence in the
object of the Memorial.

Therefore it was unanimously resolved at a subsequent meeting, that
a Memorial to Your Grace should be forwarded from this Colony praying
that Her Majesty's Government would be pleased to comply with the
prayer of Your Memorialists in authorizing His Excellency to grant the
necessary sum.

Furthermore Your Memorialists are fully alive to the growing
importance of Imperial, as well as Colonial interests, that they should
have a reliable source of communication with Great Britain, and
think this to be a fitting opportunity to represent to Your Grace that
notwithstanding the many drawbacks Your Memorialists have suffered from
various causes in their progress since the foundation of the Colony,
they can boast that British Columbia from recent developments, is the
richest auriferous and mineral country in the world, that the
agricultural capacity of the Colony exceeds the most sanguine
expectations our Forests unsurpassed for marine and commercial purposes
and our Fisheries invite the trade of all nations.

That Your Memorialists look forward with a degree of certainty to a
large immigration attracted by the richness of the Gold Fields of
British Columbia in the course of the spring and summer of next year
1862.

That Your Memorialists seriously apprehend that the present
troubles of the United States, however much they may be deplored, are
not unlikely to extend to the Pacific Coast, and thus in all probability
under existing arrangements, would effectively cut off our communication
with the Mother country.

Whilst Your Memorialists believe that these circumstances of
themselves are sufficient, there may be others of still greater Imperial
importance to induce Her Majesty's Government to meet the prayer of your
Memorialists by placing a Mail line of Steamers between Panama and New Westminster, and thus free us from the humiliating position of depending
soley upon the courtesy of a Foreign Power for the conveyance of our
Mails, the irregularities of which have proved a constant source of
annoyance and great injury to the commercial interests of the Colony.

Your Memorialists are most anxious, representing as they do, the
sentiment of the people of this Colony, to explain to Your Grace that
Emigrants and Miners whose destination is British Columbia have
materially suffered pecuniarly by the Ocean Steamers hitherto making
Victoria, Vancouver Island, the port of debarkation.

And although the people of British Columbia have as yet no Voice in
its Legislation, Your Memorialists avail themselves of this
opportunity of stating most respectfully to Your Grace that no measure
short of the Ocean Steamers from "San Francisco" or "Panama" making
"New Westminster" their destination will give that satisfaction expected
by the Inhabitants.

Your Memorialists therefore humbly hope that the prayer of their
Memorial may be granted, and that Your Grace will receive with
favourable consideration the claims of the people in this Colony upon
the Imperial Government, whose loyalty to the Throne is not to be
disputed.



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FILE: 1861-10-14_Douglas_to_Newcastle_B61058.txt
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No. 58

I have the honor to acknowledge the receipt upon this date,
of your Grace's despatches of the numbers and dates noted on
the other side hereof.*



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FILE: 1861-10-14_Douglas_to_Newcastle_B61059.txt
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No. 59, Military

Adverting to your Grace's Despatch No 22 of the 5th May 1860, I have the honor to forward herewith an Abstract of Receipts and Disbursements on account of the Detachment of Royal
Engineers serving in the Colony of British Columbia, between the 1st January and 30th June 1861, accompanied by proper Vouchers.

2. The preceding Accounts and Vouchers were transmitted to
the Commissioners of Audit, with the Colonial Accounts, as
mentioned in my Despatch of the 16th Ultimo No 56, for the
two Accounts had become so intermixed that it was deemed
inexpedient to separate them; but in future, the expenditure
of Imperial Funds voted in aid of the Colony shall be accounted
for as soon after the expiration of each quarter as practicable,
agreeably with the requirements of Your Grace's aforesaid Despatch.



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FILE: 1861-10-14_Douglas_to_Newcastle_V61064.txt
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No. 64

I have the honor to acknowledge the receipt on this date, of your
Grace's despatches of the numbers and dates noted on the other side
hereof.

*



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FILE: 1861-10-14_Douglas_to_Newcastle_V61065.txt
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No. 65, Miscellaneous

In reply to Your Grace's Despatch of the 6th
July 1861, "Separate", desiring me to furnish you with the particulars in connection with
a claim made by the
Board of Admiralty to be repaid certain sums
according to Vouchers enclosed amounting in all to Fifty four Pounds
Fifteen Shillings and nine pence (£54.15.9) on account of Tables,
Hammocks &c supplied to Her Majesty's Ship Tribune, I have the honour
to acquaint Your Grace that I believe some misunderstanding must
exist in respect to this charge.

2. On examination of the Vouchers I find that the Stores described,
were issued by Her Majesty's Ship Tribune to the Detachment of Royal
Marines brought by that Ship from China, at the time of their
disembarcation at Vancouver Island, and that they were not, as I
presume Your Grace apprehends, supplied for the service of the
Colonial Government. These Marines, the residue of whom now form the
Garrison at San Juan, the others having been distributed amongst the
Squadron, have all along been borne on the Books of one of Her
Majesty's Ships for their regimental pay and provisions. I therefore
venture to submit that the supply of these Stores was a service
legitimately connected with and devolving upon the Naval Department,
and that no claim in respect to it can exist against the Colonial
Government.

3. As the original Vouchers were forwarded in Your Graces Despatch,
I return them herewith.
*



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FILE: 1861-10-14_Walcott_to_Elliot_Assistant_Under-Secretary_B615LN06.txt
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Walcott to Elliot (Assistant Under-Secretary)

I have the honor to report for the information of the
Duke of Newcastle that in pursuance of oral instructions
received through Sir F. Rogers I had an interview on the
11th instant with Mr Dallas the Colonial representative
of the Hudsons Bay Company and Mr Maynard the Company's
Solicitor on the subject of the proposal made by Governor Douglas in his despatch of the 6th May last for the
settlement of the Land claims of the Company in British Columbia.

2. The details of this proposal with the modifications
thereon suggested by Mr Dallas in his memorandum of
the 15th ultimo were fully discussed, and I feel bound
to add in the most candid and liberal spirit by Mr Dallas
and Mr Maynard. The results at which we arrived are
embodied in the enclosed Memorandum which we made at the time,
and which has since been seen and assented to by Mr Dallas
as a satisfactory arrangement for the final settlement of all
the Company's outstanding Land claims in British Columbia.

3. I fully explained to these Gentlemen that I had no
authority to bind the Government to this arrangement, and
could only report it for the consideration of the Duke of Newcastle.

4. Being fully aware of the desire of the Duke of
Newcastle that a liberal construction should be placed on
the Companys claims, my principal aim was to reduce what was
vague and indefinite in them to as much precision as
practicable, and thus to save future references to and from
the Colony, and to facilitate an immediate settlement so
desirable on all accounts. With this view too, provision
has been made for determining on the spot by arbitration any
subordinate questions that may arise.

5. Under the proposed arrangement, the whole quantity* of Land to be conveyed in fee to the Company in satisfaction of all their claims will not exceed 2913 Acres. But the Company
are to have the liberty of purchasing within Six Months and in one
locality only, vizt at the Farm near New Langley at 4s/2d an
Acre (the present minimum upset price of Lands in the Colony)
an additional quantity of Country Land not exceeding 1500 Acres.
This completely, and I think satisfactorily disposes of the
proposal in Mr Dallas' memorandum of 15 August last that
the Company should have "the right of purchase at the minimum
price of all or any portion" of their claims. All money and
other Land claims not mentioned in the accompanying memorandum
are also disposed of—and provision is made as suggested by
the Governor in his despatch 88 of the 11th Jany 1861,
for granting an equivalent in Land should any of the Lands
intended to be now conveyed to the Company be found to have been
irrevocably alienated.

6. The enclosed Table will show the extent of the Company's
claims as originally put forth in an Enclosure to the Company's
letter of 31 May 1859 amounting to upwards of 98000 Acres, the extent of the concessions suggested by the Governor in his
despatch of the 27th August last, the Company's proposed
modifications, and the results of the present arrangement.

7. Should the Duke of Newcastle approve of the terms
now laid down, it will be probably thought advisable to
communicate them for the formal acceptance of the Company,
and when that is received, to forward them to the Governor
with instructions to carry them out as promptly as possible.

8. I would also suggest that the Arbitors should at
once be named (no better person on the part of the Government
occurs to me than Colonel Moody) and that the Governor should
be further instructed to convey to the Company the lands at each
locality as fast as the boundaries &c are determined, taking
care that in each deed it is clearly made to appear that the
grant is in consideration and full discharge of all the
Company's claims against the Government in that locality.



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FILE: 1861-10-15_Douglas_to_Newcastle_B61060.txt
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No. 60

I have the honor of transmitting herewith, for Your Grace's
information, the Copy of a Proclamation issued on the 27th
day of August last, entitled the "Pre-emption Consolidation Act 1861."

2. The object sought to be accomplished by this measure is
to bring within the compass of one general Act, all the several
proclamations regulating the pre-emption of land, and to arrange
in a simple and lucid form the provisions of those Acts, so that
every person desirous of settling in British Columbia and of
acquiring unsurveyed land, may know how to proceed, and the
rights which are secured to him by law.

3. The Pre-emption Consolidation Act is therefore as its
name imports, a mere rearrangement, excluding some few objectionable
features of former Acts affecting the acquisition of unsurveyed
land in British Columbia. It is the result of much care and reflection, and considerable experience of the working of this peculiar mode of acquiring land has been brought to bear in its
preparation.

4. I may here remark that this Act has no application to the
surveyed lands of the Colony, which are in all cases sold at public auction, under the direction of the Commissioner of Lands
and Works; the upset price being in all such cases fixed at four
shillings and two pence per acre for Country land.

5. In consequence of the great expense of moving surveying
parties from place to place, the very limited demand for surveyed
land, and the migratory character of the population of British Columbia, which makes it impossible to determine what course settlement will take or where surveyed land may be wanted, it has been thought advisable to postpone the general survey until the population and the demand for country land increases.

In the meantime the Pre-emption Consolidation Act enables bona fide
settlers and improvers to make homesteads for themselves without waiting
for the official survey, leaving each individual—within the conditions
specified in the Act—the unfettered choice of situation, extent and
boundary. All classes of settlers are provided for by the Act—the monied capitalist, as well as the labourer who brings only his own skill and
enterprise—on condition of actual residence and settlement.

6. The Act does not directly impose any "settlement duties",
but it withholds the power to sell or assign land, held under its
provisions, until the settler has made improvements to the extent
of ten shillings per acre.

7. The settler, who from want of means, is only able to
utilize a small piece of land, will not be harrassed or distressed for the purchase money, and he is secured in the ultimate conveyance
of the land at four shillings a two pence per acre. The monied
settler who contemplates larger acquisitions may, besides a claim
of 160 acres, enter into possession of any contiguous land, on
paying therefor two shillings and one penny per acre, as security
that it is held for the purpose of immediate settlement.

8. Provision is thus made for the real wants of all classes,
while the Colony has the best possible security against the mere
speculative holding of land for profitable resale.

9. As the Act contains nothing that is new in principle, and
no provision that has not previously received your Grace's sanction,
I submit it with confidence for Her Majesty's approval.



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FILE: 1861-10-16_Norman_to_Elliot_Assistant_Under-Secretary_V616N02.txt
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Norman to Elliot (Assistant Under-Secretary)

I have the honour to acknowledge the receipt of your letter, in reply
to my communication of the 27th ultimo,
concerning George Cook a Government servant in
Vancouver's Island; which you are pleased to
send me by the direction of the Duke of Newcastle.

I am extremely obliged to his Grace for the full and satisfactory
information that it contains; and have lost no time in forwarding
your letter to my neighbour, by whom I need not say that it will be
received with grateful thanks.



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FILE: 1861-10-18_Walcott_to_Elliot_Assistant_Under-Secretary_V615LN14.txt
================================================================================

Walcott to Elliot (Assistant Under-Secretary)

I have to acknowledge your letter of 5th instant with the Copy of a
despatch from the Governor of Van Couvers Island enclosing a
correspondence and an official copy of proceedings in the Supreme
Court of Civil Justice in the Colony relative to an ex-officio
information filed by the Attorney General for an injunction to
restrain the Hudsons Bay Co from selling any portion of a certain
Reserve in Victoria of 3084 Acres claimed by them under their alleged
possessory Title prior to their Charter of grant of 13 Jan[ua]ry 1849.

2. This claim of the Company has not been recognized by the
Government, and the question of Title has, I understand, been
referred for the decision of the Judicial Committee of the Privy
Council. Nevertheless pending this reference the Company, it appears,
have been dealing with the lands in question in such a manner and to
such an extent as to amount, as the Governor observes, to a breach of
faith both towards former purchasers and the public as well as towards
the Government. In this state of things Mr Douglas felt it right
to consult the Attorney General, who thinking that there was a
sufficient case for the purpose, filed an ex-officio information for
a special injunction against the Company as a preliminary step. But
although the application was properly supported by the necessary
Affidavits, which the Company did not seek to controvert by any
evidence on their part, the Judge declined to grant the injunction at
that stage of the cause. The Company denied by their Counsel the
validity of the Reserves as against them, and justified their Acts
under colour of the legal Estate with which they are still clothed by
the Charter of Grant of the whole Island.

3. The decision of the Court, however, appears to have proceeded not
in any respect on the merits of the case but simply on the ground that
the subject matter of the suit was in litigation in a Superior Court
(the Judicial Committee of the Privy Council) and that to grant the
motion at that time might be construed into an attempt to forestall
the action of the Court above.

4. This result was evidently quite unexpected by the Attorney
General, who states that from the peculiar views held by the Chief
Justice he does not believe that any fresh application, whatever be
the merits, would be successful.

5. Under these circumstances, it becomes necessary to consider what
steps should be adopted in this matter to arrest any further sales of
the lands in dispute. The first step which occur[s] to me is to
endeavour to obtain a speedy decision of the Judicial Committee but as
sometime may elapse before this can be procured I would suggest that
a communication be at once made to the Company with a view to
ascertain whether they would not immediately send out instructions to
their Officers to desist from any further dealings with the lands in
dispute until the question of title is decided.

6. But not entirely to tie up sales, which possibly it may be
expedient in a public point of view to effect, it might be proposed
that with the previous assent in writing of the Governor any particular
portions of the land might be sold that the Company's local officers
might think it advantageous to dispose of—the purchase money being
held as a stake to abide the decision on the question of Title. Should
the Company, which I can hardly anticipate, decline or delay giving a
reply to this reasonable proposal, it would probably be deemed
expedient by the Duke of Newcastle that the matter should be
submitted, as requested by the Colonial Attorney General, to the Law
Officers of the Crown to advise whether any & what steps can be taken
either in the Courts here or in the Courts of the Colony to arrest
the proceedings of the Company. If nothing can be done in either of
these directions the only other course that seems open would be to
instruct the Governor to issue a public notice that the Title to the
Lands in question is in dispute—that suits are pending both in the
Imperial and Colonial Courts of Law—and that all purchases from the
Company would be made at the risk of the purchasers, as if the
decision should be in favor of the Crown, the sales would not be
recognized but the Lands would be resumed and dealt with as Crown
property.

7. The Lis pendens which the Colonial Attorney General has very
properly registered against the unsold portion of the 3084 Acres in
dispute, is legally, it is true, notice to purchasers that if they
purchase they must take the Lands subject to all the legal and
equitable consequences attaching to them—and this will doubtless
deter all those who may be aware of it from buying of the Compy.
But the proposed Government Notice, as more generally known, would
operate probably more widely & effectually in securing the object in
view.



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FILE: 1861-10-19_Newcastle_to_Douglas_V617073.txt
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No. 73

I have had under my consideration your despatch No. 24 of the 25th
of March last, transmitting an address from the House of Assembly of
Vancouver Island in which they pray for the assistance of Her Majesty's
Government in extinguishing the Indian title to the Public Lands in the
Colony and set forth the evils that may result from a neglect of this
precaution.

I am fully sensible of the great importance of purchasing without
loss of time the Native title to the soil of Vancouver Island: but the
acquisition of the title is a purely Colonial Interest and the
Legislature must not entertain any expectation that the British
Taxpayer will be burthened to supply the funds or British Credit
pledged for the purpose. I would earnestly recommend therefore to the
House of Assembly that they should enable you to procure the requisite
means; but if they should not think proper to do so, Her Majesty's
Government cannot undertake to supply the money requisite for an object
which, whilst it is essential to the interests of the people of
Vancouver Island, is at the same time purely Colonial in its character,
and trifling in the charge that it would entail.



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FILE: 1861-10-21_Douglas_to_Newcastle_B61061.txt
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No. 61

I have the honour to enclose the Copy of a Proclamation
issued by me on the 26th of August last, intituled the
"British Columbia Land Registry Act 1861," the object of which is the Registration of all instruments affecting Real Estate
in the Colony.

2. Considering the great importance of establishing, as
early as possible, a system of Registration of deeds adapted to
the peculiar character of the Colony, and one of which the
Colonists might with facility avail themselves, I have endeavoured
to take advantage of the experience of other countries, and
accordingly Your Grace will find that the provisions of this
Proclamation are nearly identical with those in the Registration
system adopted in Canada, and very similar, I believe, to those
in force in other British Colonies.

3. The Chief Office is established in the Capital of British Columbia, under the controul of a Registrar General, and other
offices in the various Districts of the Colony, under the
supervision of the Chief Officer, will be formed from time to
time, as occasion may require, under the controul, at present,
of the respective Magistrates, as being the persons most likely
to perform the duties with efficiency and economy.

4. All instruments in any manner affecting Real Estate may,
after having been properly executed and certified, be registered
by the Officer in whose District the land is situated, whose duty
it will be to make an exact Copy of the instrument in the Register Book, and, before re-delivery of the instrument to the owner, to
endorse thereon a memorandum of such Registration, referring to
the page of the Register. The various Register Books will be
arranged under appropriate titles corresponding to the nature of
the instrument, and proper Index Books will be kept for the
facility of reference.

5. Before any document can be Registered, its authenticity
must be strictly proved, and the most stringent provisions are inserted in the Act for the due execution and attestation thereof,
so that no room will, I trust, be offered to the Commissioner of
injury or fraud. The Registrars are empowered to compel the
testimony of witnesses to the execution of deeds; and provision is made
for the issuing of Commissions to take the deposition of witnesses.

6. All persons are deemed to have notice of the contents and
legal effect of every instrument, as soon as it is registered,
but no person, other than the parties thereto, is affected by
notice of any unregistered instrument executed after the time
when the Act comes into force.

All unregistered instruments are void against subsequent
purchasers and incumbrancers of the same estate who have registered;
so that in effect, priority of registration will confer priority
of Title. But the actual commission of Fraud will always be a
ground for the interference of a Court of Equity.

7. Where in any case the original document cannot be procured
a copy thereof duly certified by the Registrar may be used in
evidence in all Courts of Judicature.

8. The Scale of Fees authorised by the Act to be taken for
Registration has been framed with a due regard to existing
circumstances, but it will be seen that proper provision is made
for its alteration should an amendment hereafter appear advisable.

9. The Act does not apply generally to instruments executed
prior to the time of its coming into force, of which due notice
has been given; but such instruments may be registered, and
after registration all persons are deemed to have notice thereof.
No priority of title however is thereby conferred, nor would it be
right that such a consequence should ensue.

10. I have not deemed it advisable to introduce into British Columbia the more perfect and elaborate system of Registration
which is at present in force in Vancouver Island, for the much greater extent of the former Colony would render a constant reference to the Chief Office inconvenient; it will be therefore
necessary to form other Offices in the various Districts, each
possessing its Registrar, who would, if the Vancouver Island
system were adopted, be required to possess a special legal
qualification; and it appeared to be absolutely impossible to
procure, from the very limited body of practitioners in these
Colonies, a sufficient number of properly qualified Officers.

Moreover the cost of such a system would in itself be, I submit,
an insuperable objection to its introduction into British Columbia.

11. With those remarks I beg to submit this important Act
for Her Majesty's approval.



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FILE: 1861-10-22_Douglas_to_Newcastle_B61062.txt
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No. 62

I have the honour of transmitting herewith, the Copy of a
Proclamation issued by me on the 10th day of September last,
intituled "The Distillers Excise Act 1861," authorising and regulating
the distillation and manufacture of Spirits in British Columbia.

2. This Act is intended for the encouragement of domestic industry, and will furnish a profitable outlet for grain and other
agricultural products. It will also have the effect of diminishing
the quantity of Spirits imported from abroad, and, to protect the
public revenue from any serious loss thereby, a moderate duty of
two Shillings per gallon is to be charged on all spirits made within the Colony.

3. It is unnecessary to occupy Your Grace's time, or my own,
by comments on the character and objects of this Act, as it is
simply an adaptation of the Excise Act of Canada to the present
circumstances of British Columbia, and contains nothing new in principle, nor unusual in form; I therefore submit it without hesitation for Her Majesty's approval.



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FILE: 1861-10-22_Moncreiff_to_Newcastle_V616M01.txt
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Moncreiff to Newcastle

I have the honor to transmit the accompanying Petition of John Copland of the Town of Victoria
in the Colony of Vancouvers' Island, praying for an order of admission to be an Attorney and Solicitor of the court
of Civil Justice of that Island; and to request Your Grace's favorable Consideration of the Petition.



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FILE: 1861-10-22_Newcastle_to_Douglas_B617089.txt
================================================================================

No. 89

With reference to your despatch No. 193 of the 22nd of July
1859, I have to instruct you to remit to the Colonial Agents General, Messrs
Barnard and Julyan, the sum of £67 which has been paid into the
Colonial Treasury of
British Columbia by
Captain Gosset on account of his passage from Ceylon to this country in
May 1858.



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FILE: 1861-10-24_Douglas_to_Newcastle_B61062SP.txt
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Separate

In my Despatch of the 16th of September last, marked
"Separate", it was mentioned that a report had reached this
place of deposits of Gold having been found on the banks and
flats of the Stikeen River, North Latitude 57o, to the eastward of the Russian Possessions, and within the limits of
Her Majesty's Territories on this coast; I therefore deem it
proper on this occasion to inform Your Grace that we have had
no confirmation of those reports, nor any arrivals from that quarter.

2. I have also to communicate to Your Grace that the accounts
from "Cariboo" are more than ever satisfactory, and the numbers of returning miners with their rapidly acquired stores of gold and the extraordinary fact, unusual, I believe, in Gold countries,
that they have all been eminently successful, offer the strongest
confirmation of the almost fabulous wealth of that Gold-field.
I have not, indeed, up to the present time, met with a single
unfortunate Miner from that quarter. Of those whom I had occasion
to interrogate during my recent visit to British Columbia, I
ascertained that none who held mining claims had less than 2000
and that others had cleared as much as 10,000 dollars during
their summer's sojourn at the mines. It may therefore be fairly
assumed that their individual earnings range at some point between
those figures. I should, however, apprize Your Grace that the
large strikes of the season, such as the Jourdan and Abbott
Claim on Lowhee Creek, and "Ned Campbell's" claim on Lightning Creek, the latter said to have produced 900 ounces of Gold in one day, are not included in this category, as I have had no
opportunity of seeing the owners of these claims who are still
in the upper country, but I will enquire into and report upon
these special cases hereafter.

3. The following extracts from my travelling Note Book may
not be considered irrelevant at this time when every thing
connected with the Gold-fields, or tending to illustrate the true
character of the Colony, possesses an absorbing interest—

Laurent Bijou, a native of France, left Cariboo on the 1st
day of August. He resided about one month at the mines, and has
acquired 4500 dollars worth of gold dust: says he has not been
so fortunate as many others, who are making as much as 1000 dollars
a day. He has mined in California, but never saw a Gold-field so rich as Cariboo.

Joseph Patterson and brother, native of Maine, United States of America, have been mining on Keithley's Creek, and left it
about the 10th of September. They have cleared the sum of
6000 dollars between them, or 3000 dollars each, in Gold dust,
which they carry about with them on their persons. They report
that as a general thing the Miners are making from two to three
ounces a day. They are well acquainted with Jourdan and Abbott's
Claim, and have often seen them weighing out, at the close of
their days work; the yield on one occasion was within a few grains
of 195 ounces—the number of working hands being at the time four
in all. That was their largest days return, but 80, 90, and 100
ounces a day were ordinary returns.

Richard Willoughby, a native of England, discovered a mining claim on Lowhee Creek, and began to work it on the 27th of July last; he continued mining with from four to seven hired men, till the 8th of September, when he sold the claim to another person,
and returned safely to Yale, where he now resides, with the sum
of 12,000 dollars in Gold dust. His largest days return was 84
ounces, and the entire amount of Gold taken, during his tenure
from the claim, amounted to 3037 ounces, valued at 48,600 dollars,
and his own share to the sum of 12,000 dollars. His last weeks
work netted 2032 dollars, and for two weeks previously he cleared
1000 dollars a week for each working hand on the claim; and what
is extraordinary, is the fact that all this wealth was found
immediately at, or within five feet of the surface, the extreme
of Mr Willoughby's sinkings. At that depth he encountered the
Bed Rock, composed of soft blue slate, yielding readily to the
pick. He also mentions the discovery of a highly auriferous quartz
reef, and he gave me a specimen of galena, containing as per assay, 67 per cent of lead, and 37 ounces of silver to the ton. He also
mentioned several rich veins of silver ore which he saw at Cariboo, but the inferior metals attract scarcely any attention in countries where gold is easily acquired.

Mr Hodge, an American settled near Yale, held a Mining Claim on Lowhee Creek for about six weeks, and lately returned to Yale with a sum exceeding 2100 dollars. His reports corroborate and confirm in all respects, the statements of Richard Willoughby.

Thomas Brown, an American citizen, claims the honour of having discovered and taken up the first mining claim on William's Creek,
just one claim below the Jourdan and Abbott claim. Mr Brown has been fortunate, and has a heavy pound of Gold, but I did not ascertain its money value. He says that "Ned Campbell" a friend of his, with a company of ten other Miners, selected and recorded a claim on a newly discovered Stream called Lightning Creek, a
tributary of Swift River, which yielded about two ounces of gold
to the panful of earth; and that a report had reached Quesnelle
previous to his departure, that the company, almost as soon as
they began to work had realized 1100 ounces in one day; and he
places the greatest confidence in that report. Mr Brown's
statements on all other points respecting Cariboo, corroborate
the statements of Mr Willoughby.

4. I am permitted to use the following letter from Major
Downie, an old and successful California Miner, several of whose
reports on mining subjects I have had the honour of forwarding
to Your Grace; it is addressed to Macdonald, Esquire, Banker and Assayer, Victoria, and is dated Antler Creek, 25th September 1861—

I have just been talking to H.M. Steele, he says he will
do all he can for you with his boys, they are taking it out by
the mule-load, so you may depend upon getting lots of dust when
the boys come down. Your friend Mr Norris is well, and I am
writing this in his house, I am prospecting round to get claims
for next season for Alex and Jim Hood. California is no where in
comparison to Williams Creek. Keep good courage, and order a Mint for next year.

5. I will now quote a few passages from a private communication
of the Judge, Mr Begbie, dated Forks of Quesnelle, 25th September
1861, to the Colonial Secretary. In allusion to the amount of gold
dust in the hands of Miners at Cariboo, and the quiet, orderly
state of the population, he observes—

I have no doubt that there is little short of a ton lying
at the different Creeks. I hear that Abbotts and Steeles Claims are working better than ever—30 to 40 pounds a day each. (They
reckon rich claims as often by pounds as ounces now; it must be
a poor claim that is measured by dollars.)

On many claims the gold is a perfect nuisance, as they have
to carry it from their cabins to their claims every morning, and
watch it while they work, and carry it back again, (sometimes as
much as two men can lift) to their cabins at night, and watch it
while they sleep. There is no mistake about the gold, Steele is here, he says they took out 370 ounces one day. I was very glad to see the men so quiet and orderly; old Downie looked really almost aghast, he said they told me it was like California in '49,
why you would have seen all these fellows roaring drunk, and pistols
and knives in every hand. I never saw a Mining Town anything like
this. There were some hundreds in Antler, all sober and quiet.
It was Sunday afternoon—only a few claims were worked that day.
It was as quiet as Victoria.

6. I will lastly submit for Your Grace's information, the
monthly report of Mr Ball, Assistant Gold Commissioner for the
Lytton District, to the Colonial Secretary, dated 1st October 1861, which also bears upon the subject of Gold Mining, and is otherwise illustrative of the industrial condition of the country;

I have the honour to forward for the information of His
Excellency the Governor, a Collectorate Account of the Revenue
of the Lytton District for the month of September. The approach of the fall, and the little mining going on at present, has caused a stagnation of business.

There are many, however, who are only awaiting the
commencement of the proposed Waggon Roads to locate pre-emption
claims, and to make permanent improvements on those already
located with a view of making British Columbia their future home.
The rich discoveries made in the Cariboo District, and the proposed
line of Roads, have established a confidence in the future prospects
of the property holders of the Lower Fraser; and all are well
pleased with the prospect of the forthcoming season.

It may be interesting to His Excellency to hear of the
almost fabulous amount of Gold which was taken out of a claim on
Lightning Creek, belonging to a man named "Ned Campbell,"

1st day 900 ounces.

2nd day 500 ounces.

3rd day 300 ounces.

and other days proportionally rich.

7. The Gold Commissioner for the Hope District states in his last monthly report that there was a great deal of activity in the Southern Mining Districts about Kamloops, and that the Miners there
are doing remarkably well. He also mentions the great want of
mining supplies, especially flour, of which article not a single
pound could, at the time, be purchased; a circumstance which he
much regrets on account of its baneful effects on the country.

8. The reports of the other Gold Commissioners contain nothing
of unusual interest.

9. The information which I have thus laid before Your Grace,
leaves no room for doubt as to the vast auriferous wealth, and
extraordinary productive capabilities of British Columbia, and
with scarcely less probability it may be assumed as a natural
consequence resulting from the marvellous discoveries at Cariboo,
that there will be a rush thither, and an enormous increase of
the population in Spring.

10. To provide for the wants of that population becomes one
of the paramount duties of Government. I therefore propose to
push on rapidly with the formation of Roads during the coming
winter, in order to have the great thoroughfares leading to the
remotest mines, now upwards of 500 miles from the sea coast, so
improved as to render travel easy, and to reduce the cost of
transport, thereby securing the whole trade of the Colony for
Frasers River, and defeating all attempts at competition from Oregon.

11. The only insuperable difficulty which I experience is
the want of funds: the revenues of the Colony will doubtless in
course of a year, furnish the means, but cannot supply the funds that are immediately wanted to carry on these works.

12. I propose, as soon as those roads are finished and the
cost of transport reduced, to impose an additional road tax as
a further means of revenue, a generally popular measure, and
strongly recommended in the several petitions forwarded with my
Despatch "Separate" of the 18th of October Instant. I indeed acknowledge with gratitude the warm support which I have lately
received from the people at large in carrying out measures of
development; a significant fact, shewing that their feelings and
interests are becoming every day more identified with the progress
of the Colony.

13. I have in these circumstances come to the resolution of
meeting the contingency, and raising the necessary funds, by
effecting a loan of £15,000 or £20,000 in this Country, which
will probably be a sufficient sum to meet the demands upon the
Treasury on account of these works, until I receive the loan which
Your Grace gave me hopes of effecting for the Colony in England.

14. In taking this decided step I feel that I am assuming an
unusual degree of responsibility, but I trust the urgency of the case will justify the means, and plead my apology with Her Majesty's
Government, especially as it is so clearly for the honour and
advantage of Her Majesty's Service; and the neglect of the measures,
which by a stern necessity are thus forced upon me, might prove
in the highest degree, disastrous to the best interests of the Colony.

15. Accustomed to exact obedience within my own official sphere, I know the importance of the rule; but this is one of those exceptional cases, which can hardly serve as a precedent, and as I have always
paid implicit attention to the instructions, and in no case involved
Her Majesty's Government in any dilemma, I trust Your Grace will
continue to place that degree of confidence in my prudence and
discretion which heretofore it has always been my good fortune to
experience.

16. I beg to enclose a rough sketch of the Cariboo Country, shewing its relative position with reference to Arrowsmith's Map
of North America.



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FILE: 1861-10-24_Douglas_to_Newcastle_V61066.txt
================================================================================

No. 66

I have the honor to acknowledge receipt of Your Grace's Despatch No
65 of the 26th July last, forwarding for my report copy of a letter
from the Governor of the Hudson's Bay Company complaining of certain
transactions arising out of the Sale by the Agents of the Company of
a certain piece of land at Victoria to a Mr Lowenberg.

2. My Despatch No 50 of the 8th August last, will have revealed
very fully to Your Grace the recent proceedings of the Agents of the
Hudson's Bay Company in respect to lands which had been previously
appropriated as Government and Public Reserves, and will have shewn
how this Government was compelled, although most reluctantly, by
their inconsiderate and really unwarrantable actions, to have
recourse to legal measures, not only to prevent part of the Streets,
Public Park, and Church Reserve from being sold, but actually to
retain in its entirety the very small spot of land upon which the
Government Offices stand. The case of Lowenberg is exclusively
connected with this Government land, and it is clearly disclosed by
the Documents forwarded in that Despatch; but as it is made the
subject of a special and very grave complaint, and as the matter is
but very imperfectly represented in the letter of Mr Berens, I will
recapitulate the actual facts of the case, most of which are
incontestably proved by the affidavits filed with the information of
the Attorney General, certified copies of which were forwarded with
my aforesaid Despatch.

3. A few days before the interference, complained of by Mr
Lowenberg, occurred, I had issued instructions to the Surveyor
General to run a fence round two of the open sides of the Government
Reserve. Upon the evening of the day the work was commenced and
after the Surveyor's men had ceased their work, Mr Lowenberg, it
appears, repaired to the spot with a number of men and proceeded to
the construction of another fence. Mr Tiedeman an employé
of the Land Office warned the men that they were committing a
trespass upon the Government property, and were doing that which
might lead to a breach of the peace. They desisted, and I am told
that thereupon Mr Lowenberg became very violent and assaulted Mr Tiedeman. Mr Tiedeman laid an information against him, and he was
taken into custody. This I believe to be the whole sum and substance
of the proceeding, characterized as an "outrage" upon the part of
this Government, by Mr Berens: but which I, probably, with greater
accuracy might designate as an attempt upon the part of the Hudson's
Bay Company to re-possess themselves of the Government Reserve, Mr
Lowenberg being merely their Agent or instrument in the first step
taken.

4. Mr Berens does not state that the land purported to have been
sold to Mr Lowenberg by Mr Dallas, was a portion of the Government Reserve; he represents it to have formed part of a farm which had
long been under cultivation by the Servants of the Company, and had
been cropped by them for a series of years, and that it
"adjoined" the Government Reserve from which it was
"separated" by a "Ditch or Fence". In 1858 when the Hudsons
Bay Company surveyed off into lots and sold the Town Site of
Victoria, this Government Reserve, consisting of
10 Acres more or less, was laid out and marked with
conspicuous posts upon the ground, some of which remain to this day;
and when the Plan of the Town was made it was duly included therein.
A portion of the Reserve might or might not once upon a time have
been considered to be included within the limits of the Company's
Farm, but if the lines of the Reserve did extend so far back as to
encroach upon the lands of the Farm, they were taken so designedly in
the first instance by the Company's Agents, to the advantage of the
Company, by enabling them to utilize and sell as Town Lots an
increased frontage on the water. Certain it is that the cultivation
of this portion of the Farm, represented by Mr Berens to have
existed, was not continued after the land was laid out as a
Government Reserve. The portion in question was not separated either
by a ditch or fence from the land occupied by the Government, for
neither exists unless indeed a drain or trench, about two feet wide,
to carry off the surface accumulation of water during the winter, can
with consistency be termed a ditch. Mr Berens says
"a proposal had been made to form a street which passed through
the farm and severed this piece from the remainder of the Farm."
The
"proposed" Street was actually
laid out, and lots upon it facing the Government Reserve sold
in 1859; the Map upon which the Lots were exhibited and sold by the
Company containing the lines of the Government Reserve as originally
laid down, the rear line in 1859 forming part of our side of the
"proposed" Street. For convenience and for a better comprehension of
this point I forward a plan of the locality.

5. I cannot believe that Mr Berens could be aware of all these
matters when he penned the letter now under consideration. It would
seem to have been the policy of Mr Dallas, who sold the land, to
deprive both the Government and public of the lands originally
reserved to them, and to restore the power of the Hudsons Bay Company
to deal with the land. The attempt to sell the Public Springs,
Public Park, &ca &ca detailed in my Despatch No 50, afford strong
evidence of this. Your Grace is well aware of the manner in which my
recent application was met for a site for a public wharf and Harbour
Masters Office. The Governor of the Hudsons Bay Company then
instantly repudiated any desire on the part of the Company to
interfere with the requirements of the Public, and I would fain
believe that he will now upon becoming possessed of the real facts of
the case as instantly repudiate this attempt to deprive the
Government of a piece of ground required for public purposes, and so
allotted and marked out in 1858: the more especially as Mr
Berens himself recognizes this Reserve in his letter to your Grace of
the 16th December 1859, wherein he says

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.
2
The Company therefore will have a claim upon the Government for
the value of this land.

In 1859 Mr Berens admits this land to be in the possession of the
local Government and simply contends that the Company will have
"a claim" for the value of the land. In 1861 Mr Berens
represents a portion of this same land to be part of a farm
"cultivated" and "cropped" by the Servants of the Company, and only
separated from that farm in imagination by a "proposed" Street.
I have already shewn that the lines of the Government Reserve were
run and marked in 1858, that the Hudsons Bay Company were in
possession of a copy of the official plan of the Town upon which
those lines are traced, and altho' one of those lines now forms part
of the proposed Street (actually laid out in 1859) yet at the time it
had no reference to it, and no other significance than the rear line
of boundary of the Government reserved land. On the contrary I think
the inference may not unfairly be drawn that in laying out the Street
alluded to, in 1859, the situation of the Government Reserve did govern the position and direction of such Street and of the Lots
surveyed off and sold, otherwise it seems remarkable that Lots should
be laid out and sold upon one side of a street only, and that when fresh lots were required, they should be laid out and sold in the rear of those first disposed of; the less remote meanwhile not
only being not sold, but not even
surveyed or exhibited for sale: and at last that this piece of
land, which had it been at the disposal of the Hudsons Bay Company,
could have been advantageously disposed of if put up for sale in Lots
at Public Auction, should be parted with to a private Individual, a
land Agent by profession, without being surveyed and divided in
similar manner to the other side of the Street.

6. The claim for payment of the value of the land which Mr Berens
asserts in 1859, would I conceive be perfectly legitimate if the Company had in the first instance paid for the land, for it would
merely be an equitable refund in a case where the Company had no
power to sell or to purchase; but as the Company have not paid for
it, nor for any portion of the 3084 Acres dealt with by them as
private property, they cannot, I apprehend, sustain any claim for
repayment or re-imbursement on account of any portion of those 3084
Acres required for Public purposes, for whether the private ownership
of those lands be admitted or not, the same principle, I conceive
must govern both them and the other lands of the Colony, viz. that
all such portions as are required for public purposes must remain in
the Crown, and are, consequently, wholly removed from the control of
the Company, whatever general rights and privileges may have been
accorded by the Crown.



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FILE: 1861-10-25_Douglas_to_Newcastle_B61063.txt
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No. 63

With reference to my Despatch No. 61 of the 21st instant
transmitting for Her Majesty's approval the "Land Registry Act
1861," I have the honor to acquaint Your Grace that I have
appointed Mr Arthur T. Bushby to be Registrar General, under that Act.

2. Mr Bushby on his arrival in the Colony in 1858 brought
letters of introduction from the Colonial Office, and has since
the beginning of 1859, held the Office of Registrar of the Supreme Court
of British Columbia, in which capacity he has given every satisfaction.



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FILE: 1861-10-25_Douglas_to_Newcastle_B61064.txt
================================================================================

No. 64, Military

Requisition having been made upon me for money on Military
Account, I have the honor to acquaint your Grace that I have
authorized the Treasurer to procure the sum of Three Thousand
Pounds (£3000) by drafts upon Her Majesty's Paymaster General, and I
trust Your Grace will take the necessary steps to cause the same to be accepted on presentation.

2. I am not quite clear as to the state of the account
existing between this Colony and the Imperial Government,
inasmuch as I am not aware whether the money sent out by the
"Tartar" is considered in the Estimate for 1861-1862, or whether
it is accounted for in the previous years Estimates; but
whichever may be the case, I earnestly trust your Grace will
not object if our account be somewhat overdrawn, as the present
critical state of the country which I have fully represented
in other despatches, compels me to attend to the pressing calls
for increased expenditure which arise on every side.



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FILE: 1861-10-25_Douglas_to_Newcastle_B61065.txt
================================================================================

No. 65A

I have the honor to acknowledge the receipt upon this date,
of your Grace's despatches of the numbers and dates noted on the
other side hereof.

*



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FILE: 1861-10-25_Douglas_to_Newcastle_V61067.txt
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No. 67

I regret that it should be my unpleasant duty to report to Your Grace
that Mr John D'Ewes Acting Postmaster of Victoria, has absconded,
leaving behind him debts to a considerable amount, and being a
defaulter to the Colonial Government in the sum of between Three and
Four Hundred Pounds.

2. The greater part of the Government money which he carried off
with him, had been only advanced but a day or two previously, for him
to pay an account due for the conveyance of the Mails between San Francisco and this place.

3. I have also to report that I have been obliged to dismiss the
Acting Harbor Master of the Port of Victoria, Mr Jeremiah Nagle, in
consequence of discovering irregularities in his accounts, and that
he had been in the habit of charging and appropriating to his own use
fees for services rendered in his official capacity.

4. With a view to decrease the existing expenditure, I have combined
the two offices of Post Master and Harbor Master in one, and I have
appointed thereto Mr Henry Wootton, a gentleman who has been for
some time serving as Clerk of the Writs in the Supreme Court. Mr
Wootton is a certificated Master in the Mercantile Marine, and has
earned for himself a high character for integrity and ability since
he has been in the Colony, and I believe will prove himself a very
capable and trustworthy person in the position in which I have placed
him. I have required him to give security for the faithful
performance of his duties, himself in a bond for one thousand pounds
(£1000), and two Sureties in separate Bonds for Five Hundred pounds
each.



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FILE: 1861-10-25_Douglas_to_Newcastle_V61068.txt
================================================================================

No. 68

I have the honor to acknowledge the receipt upon this date, of your
Grace's despatches of the numbers and dates noted on the other side
hereof.

*



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FILE: 1861-11-02_Crofton_to_Elliot_Assistant_Under-Secretary_V615WA08.txt
================================================================================

Crofton to Elliot [Assistant Under-Secretary]

I have laid before the Secretary of State for War your letter of the
14th Ulto forwarding two despatches from the Governor of Vancouver Island requesting that 500 more Rifles may be supplied for the use of
the Colonial Volunteer Corps, and two Field Batteries, with
ammunition &c, complete.

In reply Sir George Lewis desires me to observe that, as it appears
from the Governor's Despatch of the 8th August, that the total
strength of the Volunteer Force is not more than about 350 men, and
that there is not among them any trained to the use of Artillery, the
500 Rifles already supplied would seem to be sufficient for all the
present requirements of the Colony.

Under these circumstances, the Secretary of State must decline to
comply with either of the Governor's request[s].



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FILE: 1861-11-02_Douglas_to_Newcastle_B61066.txt
================================================================================

No. 66

I have the honor to acknowledge the receipt upon this date,
of your Grace's despatches of the numbers and dates noted on
the other side hereof.
*



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FILE: 1861-11-02_Douglas_to_Newcastle_V61069.txt
================================================================================

No. 69

I have the honor to acknowledge the receipt upon this date, of your
Grace's despatches of the numbers and dates noted on the other side
hereof.

*



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FILE: 1861-11-04_Hamilton_to_Rogers_Permanent_Under-Secretary_B615TE19.txt
================================================================================

Hamilton to Rogers (Permanent Under-Secretary)

With reference to your letter of the 24th ulto
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 the credit of Naval Services the Sum of
£42.4/s, as a further charge for the freight of Stores sent
to British Columbia per "Thames City" in 1858.



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FILE: 1861-11-07_Berens_to_Newcastle_B615MI10.txt
================================================================================

Berens to Newcastle

I have the honour to acknowledge the receipt of a letter
addressed to me by Mr Elliot, under date the 2nd instant,
on the subject of a Memorandum of Agreement, dated October 11th
1861, transmitted for Your Grace's consideration by the Emigration
Board, which had been settled between Mr Walcott on the part
of the Colonial Land and Emigration Commissioners, and Mr
Dallas, accompanied by Mr Maynard, on the part of the
Hudson's Bay Company in reference to certain proposals made by
Governor Douglas for the Settlement of the Land claims of the
Company in British Columbia.

Mr Elliot states that Your Grace is willing to
adopt this arrangement, and request to be informed whether the
Directors are in like manner prepared to express their assent
to it, in order that in that case the requisite steps may be
taken for carrying it into effect without delay.

In reply I have the honour to inform Your Grace that I
have laid a Copy of the said Memorandum of Agreement, together
with Mr Elliot's letter, before my Colleagues in the
direction of the Hudson's Bay Company, and that I am now
empowered by the Board to give the assent of this Company to
the proposed arrangement.

The Memorandum of Agreement will be communicated, without
delay, to the Company's Officers in Vancouver's Island with
instructions to use their best endeavours to carry the same into effect.



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FILE: 1861-11-08_Berens_to_Newcastle_V615MI09.txt
================================================================================

Berens to Newcastle

I have the honour to acknowledge the receipt of a letter addressed to
me by Mr Elliot, under date the 5th instant, enclosing a Copy of a
despatch from the Governor of Vancouver's Island, and a report of the
proceedings which took place before the Supreme Court of the Colony
upon an application made on behalf of the local Government for an
injunction to restrain the Hudson's Bay Company from selling portions
of the 3084 acres of land claimed by them under a possessory title
prior to the Crown Grant of the Island to the Company.

Mr Elliot after remarking that the injunction was refused on the
ground that the subject matter of the suit in litigation was before
the Judicial Committee of the Privy Council, whose decision will
ultimately dispose of the question, adds that as some-time must
elapse before that decision can be obtained, and as there are evils
pointed out in the Governor's letter which demand a more prompt
remedy, Your Grace is desirous to know whether the Company will at
once send out instructions to their Officers to desist from any
further dealings with the lands in dispute until the question of
title be settled.

In reply I beg to inform Your Grace that we have already issued
directions to the Company's Officers in Vancouver's Island to suspend
the sale of those lands. On the 23rd May last to Sir Frederic Rogers,
in allusion to a water frontage which was to have been sold, but
which Governor Douglas claimed as a public landing place, addressed
me a letter of which the following is an Extract:

I am directed by the Duke of Newcastle to inform you that unless you
can assure His Grace that instructions will be sent to the Agent of
the Company, by the most rapid opportunity, to suspend the sales of
the land in question, the Governor will be instructed to issue a
notice in the Colony that Her Majesty's Government deny the right of
the Company to sell those lands.

On the following day—the 24th May—I replied:

I hasten to inform Your Grace that in compliance with the suggestion
thrown out in to Sir Frederic Rogers' letter I have directed that
specific instructions shall be sent by this day's Post to the Agent
of this Company at Victoria to suspend the sales of the land in
question as referred to in the correspondence between Governor
Douglas and Mr Dallas.

On the 25th May a Copy of the correspondence was transmitted to Mr
Mactavish now the Company's principal Agent at Victoria with distinct
instructions to suspend the sale of the Company's lands till the
questions between Her Majesty's Government and the Company were
decided. And in acknowledging the receipt of that letter, under date
the 14th July, Mr Mactavish says:

In accordance with your instructions we shall sell no portion of the
3084 acres of land on this Island until further instructed.

Your Grace will thus observe that as far as the Company is concerned
the most distinct instructions were given for the carrying out of
your Grace's wishes in the matter. And I have no reason to believe
that those instructions have in any single case been departed from by
our Officers, inasmuch as we have no knowledge of any Sales of Land
having taken place subsequent to that period. In order, however, to
satisfy Your Grace, a copy of the present correspondence will be
transmitted by the first post and attention will be again drawn to
the instructions already given.

There are several other points alluded to by Mr Elliot on which I
would request Your Grace to suspend your judgment until the arrival
of Mr Dallas who is shortly expected from Edinburgh, and was the
Company's principal representative at Victoria at the period of the
transactions in question. I allude particularly to the alleged sale
by the Company of the Park reserved for the Public at Victoria, of the
Springs which supply the Colonists with Water, and of the Ornamental
Trees in the neighbourhood of the Town—the real nature of which
transactions Mr Dallas will, I believe, be able to explain to the
satisfaction of Your Grace. Mr Dallas is expected to arrive here
about the end of next week and as soon afterwards as possible I shall
have the honour of addressing Your Grace on this subject as well as
upon the proposal as to the assent of the Governor being given, in
writing, previous to the sale of any particular portion of the land
in question.



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FILE: 1861-11-09_Douglas_to_Newcastle_V61070.txt
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No. 70, Financial

The Imperial Funds in the hands of this Government on account of
Expenses connected with San Juan being exhausted, I have the honor
to advise your Grace that I have this day authorized the Treasurer to
procure by Bills upon Her Majesty's Paymaster General the Sum of One
Thousand Pounds (£1000) to enable me to meet the customary expenditure
upon the foregoing account; and I trust your Grace will cause the
necessary steps to be taken that the Bills may be accepted upon
presentation.

2. As these Bills can only be negotiated from time to time, and in
such sums, as demand may arise, I am unable to detail to Your Grace
the particulars of each separate Bill, but as the Bills drawn by
the Treasurer of Vancouver's Island are invariably printed in
red, and conspicuously marked on the top "Government of
Vancouver's Island", while those drawn by the Treasurer of British Columbia are printed in
black, and marked "Government of British Columbia" no
difficulty can arise in distinguishing the Bills if these
distinctions be remembered.



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FILE: 1861-11-09_Newcastle_to_Douglas_V617074.txt
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No. 74

I duly received and referred to the Secretary of State for War your
despatches Nos. 51 and 57 of the 8th and 26th of August, requesting
that 500 more Rifles and two Field Batteries with ammunition complete
may be supplied for the use of the Colonial Volunteer Corps.

Secretary Sir George Lewis informs me that as it appears that the
total strength of the Volunteer Force is not more than about 350 men,
and that there are not among them any trained to the use of Artillery,
the 500 Rifles already supplied appear to him to be sufficient for all
the present requirement of the Colony and that he must therefore
decline to comply with your request.



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FILE: 1861-11-11_Douglas_to_Newcastle_V61071.txt
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No. 71, Financial

I have had the honor to receive Your Grace's Despatch of the 9th
September last No 71 upon the subject of the difficulty experienced
in identifying the Bills, drawn by me from time to time, with the
sums and services mentioned in my Despatches to the Secretary of State.

2. Your Grace may rest assured that I will endeavor to avoid a
recurrence of this difficulty; but I trust that it has already ceased
to exist, for since the receipt of your Despatch, No 59 of the 12th
June, upon the same subject, we have always been careful to note upon
the Bills themselves the particular service upon which each might be
drawn.

3. The fact of my signing the Bills drawn upon the Paymaster General
from two separate Colonies might perhaps have led to confusion, but
with the view of avoiding this, and in order to render the Bills from
each Colony easily distinguishable, the Bill Forms for Vancouver's Island were printed in
red ink, and those for British Columbia in
black ink, and each form has the name of the Colony to which it
pertains conspicuously printed at its head.

4. With respect to the different services upon which Bills upon the
Paymaster General have been drawn by me, they are as under
.of 25 From Vancouver Island To defray Expenses connected with
Military occupation of San Juan.
.of 25

From British Columbia 1. For Colonial Pay and Expenses of
maintenance of Royal Services.
.of 25
2. For Regimental Pay of Royal
Engineers. The Bills drawn for Regimental Pay have a distinct
series of numbers from those drawn for Colonial Pay &c.

5. Upon every separate occasion of a Bill having been drawn a Letter
of Advice has invariably been forwarded to the Paymaster General
furnishing the No, Date, and amount of the Bill, together with the
name of the Payee, and the nature of the service upon which it was
drawn; and indeed such care has always been taken to prevent
inconvenience or confusion that I regret to find our desires to that
end have not been fulfilled.

6. I have in previous Despatches explained the difficulty which
exists in obtaining Coin for Bills. A good market is not yet to be
found here. Frequently weeks elapse before a favorable, or indeed
any offer is made, and then the Bill has generally to be drawn for
the sum particularly wanted by the purchaser. Under such
circumstances it is out of my power, when advising Your Grace of
having authorized a certain Sum to be drawn, to give at the same time
the particulars of the Bills which will Eventually make up the
amount; but if Your Grace should desire it I can afterwards from time
to time acquaint you as the Bills may be negociated, although I
venture to submit that the concurrent advice to the Paymaster General
should have the practical effect of rendering the Bills easy of
recognition.



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FILE: 1861-11-14_Douglas_to_Newcastle_B61067.txt
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No. 67, Financial

Much inconvenience and loss, have, ever since the formation
of these Colonies, been occasioned by the want of a circulating
medium of fixed and recognized value equal to the business
demands of the Country. The scarcity of Coin has been so great,
and Gold Dust not being received for duties, that importers of
goods have found it difficult at all times to make their Custom
House payments, and, as is well known, are frequently compelled
to borrow money for that purpose at exorbitant rates of interest,
varying from two per cent per month and upwards. Almost all
the business of the Country is transacted in Gold Dust of
uncertain value, and it is easy to conceive the difficulty and
inconvenience of adjusting payments by such means, when the
holder and receiver are both alike subject to loss, and
fearful of imposition.

2. The effects of an over restricted monetary circulation
are now however operating so fatally in both Colonies, that it
is indispensable to devise a remedy for an evil that is sapping
the very foundations of our prosperity. To illustrate this
fact, I would inform Your Grace that at this moment there is
an amount of Gold Dust in the hands of Miners from Caribou,
residing at Victoria, exceeding one quarter of a million sterling,
and so great is the present dearth of Coin, that it brings a
premium of five per cent and over, when procurable, which is
not generally the case, as men may be seen hawking Bars of
Gold about the streets of Victoria, who cannot raise coin
enough, even at the high rates of discount just mentioned,
to defray their current expenses. The Miners and other holders
of Gold Dust are naturally incensed, and refuse to submit to
this depreciation on the value of their property, when they
know it can be converted into Coin for the moderate charge
of one half of one per cent, at the United States Branch Mint
in San Francisco; making an important saving to them of 4 1/2 per cent. They are consequently leaving Victoria by every opportunity, and it is most painful to witness a state of things which is rapidly driving population and capital from the Country.

3. It has been suggested that an issue of Notes of varying
values, guaranteed by the Government, and payable on demand at
the Public Treasury, would, by providing a cheap and simple
medium of exchange, meet the evil; but independently of the
general objections to a paper currency, its effect in banishing
the precious metals, in producing unhealthy inflation and rash
speculation, and the fluctuation in the value of the circulating
medium, it appears to me that the ramifications of business
are not extensive enough to retain the notes in circulation,
they would therefore simply return to the Treasury, and soon
exceed our means of payment.

4. This I conceive would be the inevitable result of an
issue of paper in the present condition of the Colony, unless
the notes were made a legal tender, a measure which I am not
prepared to recommend.

5. As a safer remedy, and one more suitable to the actual
circumstances of the Colonies, I propose to take immediate
steps for the manufacture of Gold Pieces, equal in value to
the 10 and 20 dollar American Coins, and to bring them into
general use as a circulating medium in both Colonies. This
plan does not contemplate refining the Gold, as the expense would be greatly increased by that process: it is merely
proposed to bring it to a uniform standard of fineness,
without separating the natural alloy of silver, which to some
extent exists in all the Gold of British Columbia. The pieces will be prepared at the Government Assay Office, and will bear the stamp of unquestionable character, and I am of opinion
that by making the gold contained in them of the full current
value of the piece, without taking the silver into account,
which I propose should go as a bonus, they will not only answer
as a cheap and convenient currency within the Colonies, but
also have the same exchange value when exported to other countries.

6. It appears from experiments made by Mr Davidson, a gentleman of large business experience, and Agent for the Rothschilds at San Francisco, that the average fineness of California Gold in its natural state, ranges between 880 and
885, that is to say in valuing the samples brought to him for
sale his calculations have been always based on those figures,
and have never proved defective. This shows that some simple
process for roughly determining the value of Fraser River Gold may also be arrived at, and that knowledge will facilitate its
reduction, within 10 or 20 thousandths, to a uniform degree of
fineness; in order that the pieces representing the same value
may not vary in weight.

7. All the machinery required for this purpose may be
procured at San Francisco for the moderate sum of Five Hundred
Pounds, and without materially adding to the expense of the
present Assay Establishment, Mr Claudet thinks it will be in
his power to manufacture all the pieces wanted for the circulation
of the Country.

8. I have submitted this plan for the consideration of the
principal Banking and Commercial houses of Victoria, with the
object of obtaining their views as to the probable effects of
the proposed currency on the general business of the Country;
and more especially as to its exchange value when exported to
pay for supplies: the single point which I think admits of any question,
for in that case it would probably be treated as simple bullion.

9. It was clearly proved, by the statements of those
gentlemen, that the actual cost of importing Coin from other
countries is rather over 5 per cent, which they believe to be
the actual cost of our present metallic currency. Not having
had sufficient time for consideration, they were not, however,
prepared to give a decided opinion on the general measure, but
they admitted that it would establish the value of the gold
produced in British Columbia in the cheapest manner, and provide a metallic currency for the country at a cost of 4 per cent less than is paid for imported coin, and offered no objections, either
to the plan, or the basis of the proposed currency.

10. If the principal Banking and Mercantile houses agree
among themselves to receive this currency as a legal tender, no
difficulty will be experienced in carrying the measure into effect,
and no reason exists why it should not receive their hearty support,
as it will surely tend to their advantage, not only by the saving,
as before shewn, of 4 per cent on the cost of importing coin, and
the complete removal of the cause which is draining the Country of
wealth and population, but also in the numberless other ways by which
the investment of capital serves to promote the general prosperity.

11. I will only further remark that considering the great
importance of the object in view, and the advantages expected
from the operation of this simple and inexpensive plan of providing
a metallic currency of character unsuspected, and intrinsically
equivalent to its stamped value, and therefore not subject to
depreciation, nor open to the objections which may be urged
against a paper currency, I can hardly doubt that Her Majesty's
Government will, in these circumstances withhold their approval,
or object to my declaring it a legal tender, and causing it to
be received at all the Public Offices within the Colonies, in
payment of duties and taxes, especially as there is no prospect
of this currency being replaced by any preferable circulating
medium until the produce of Gold, by its abundance, renders the
establishment of a Branch of the Royal Mint in British Columbia,
a public necessity.



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FILE: 1861-11-14_Douglas_to_Newcastle_B61068.txt
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No. 68, Military

I have the honor to forward herewith for your consideration and instructions, an application which I have received from Colonel Moody for the sum of Thirty pounds a year and free Rations (about £85 per Annum in all) to be granted in aid of education for the Children of the men of the Royal Engineers serving in British Columbia.

2. Colonel Moody does not furnish me with the authority
which he states exists respecting grants of this nature, and
I am therefore unable to form any decided opinion on the matter,
but if Government aid be regular and customary under the
circumstances set forth by Colonel Moody, I see no reason why the rule should not be followed here; but, if otherwise, I
conceive the pay and allowances already enjoyed by the Royal
Engineers serving in this Colony should enable them to provide
for the schooling of their children without further aid.



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FILE: 1861-11-14_Douglas_to_Newcastle_B61069.txt
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No. 69

With reference to the correspondence and information
which I have had the honor to receive from Your Grace upon
the subject of the International Exhibition to be held in
London during the forthcoming year, I have the honor to
communicate to you that I have appointed the Gentlemen
hereafter named to form a Commission to represent the interests
of the Colony of British Columbia at that Exhibition:

John Lindley Esqre, F.R.I.

Richard Charles Mayne Esqre, Commander, Royal Navy.

2. The qualifications of Dr Lindley for this appointment are well known, and need no explanation from me. Of Commander Mayne I need only say that he has just returned to England upon
promotion, after a service of nearly four years in these Colonies
in Her Majesty's Surveying Ships Plumper and Hecate, and that
this Colony is indebted to him for valuable information acquired
during certain exploring trips undertaken at my request.



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FILE: 1861-11-14_Douglas_to_Newcastle_V61072.txt
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No. 72

Referring to the correspondence and information with which Your Grace
has been good enough to supply me upon the subject of the forthcoming
International Exhibition, I have the honor to acquaint your Grace
that I have appointed the gentlemen hereafter named to form the
Commission on behalf of the Colony of Vancouver's Island to represent
its interests at the Exhibition.

John Lindley Esqre F.R.S.

Alfred John Langley Esqre. A Member of the Legislative
Council of V.I.

Richard Charles Mayne Esqre. Commander Royal Navy.

2. Her Majesty's Commissioners having appointed Dr Lindley to
assist the Colonial Committees, I need not further refer to his
nomination on the Commission. Mr Langley has but recently left
Vancouver's Island on a visit to England. He is a man of business, a
large property holder, and well acquainted with the resources of the
Colony. Commander Mayne has just proceeded to England on promotion
after a service of nearly four years in Her Majesty's Surveying Ships
Plumper and Hecate during which period he has rendered many services
to the Colony in the way of surveying and exploration.



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FILE: 1861-11-14_Newcastle_to_Douglas_V617075.txt
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No. 75

I have the honor to acknowledge the receipt of your despatch No.
59 of the 10th of September, on the subject of the claim made by the
Representatives of the late Mr. Heseltine for salary due to him at the
time of his death as Inspector Engineer to the Government of Vancouver Island.

I am unable to concur
in the reasons which have induced you to reject this Claim. That Mr. Heseltine was an undeserving person and
that he rendered no real service to the public, appears evident from
your report. But he was engaged, as the papers submitted to me show,
at a regular salary to fill an Office from which you neither suspended
nor dismissed him. Mr. Heseltine's conduct may have been such as
to warrant his dismissal, but it
cannot be made a ground on which to
withhold his pay whilst he retained the capacity of a public service.
Unless therefore there may have been in the terms of Mr. Heseltine's
engagement some special condiditon as to the payment of the Salary, of
which I am not aware, it appears to me that the claim which has been
preferred is a valid one and that
the salary due at the time of his
death should be paid to his legal Representatives. You will be so good
as to report to me again on the subject, remitting, if there be no
further objections, to the Colonial Agents the money necessary for
settling this claim.



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FILE: 1861-11-15_Douglas_to_Newcastle_B61070.txt
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No. 70, Financial

With reference to my despatch No. 45 of the 7th August
last and to former correspondence, I have the honor to forward
herewith an Act providing for the raising of the sum of One
hundred thousand Pounds (£100,000) on the security of the Revenue of
British Columbia, together with a Precis by the Attorney General
of the object and character of the Act, which conveys my own
views so very fully that it is unnecessary to re-open the subject
in this despatch.

2. The liabilities of the Colony in respect to securities
at present existing are as follows:

Road Bonds payable 31st December 1861 ...... £1600

" " " " " 1862 ...... £1650

" " " " " 1863 ...... £1500

Total ......£4750

as fully detailed in the accompanying Statement, which also
exhibits the liability originally incurred under this head,
and the amount of Bonds which have already been redeemed.

3. For further information I enclose a Statement of the
Revenue of the Colony for the nine months ended 30th September 1861.

4. I trust that these documents may be considered satisfactory,
and I would only further remark that we have not strictly adhered
to the plan proposed in my said despatch of the 7th August
either as respects the extent of the Loan or time of payment, for
owing to the increasing demands of the Country, I thought it was
better to increase the Loan, and to extend the period of repayment
to twenty years, all of which I hope will meet with your Grace's
concurrence and support.



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FILE: 1861-11-15_Douglas_to_Newcastle_B61071.txt
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No. 71

I have the honour of transmitting for Your Grace's information,
Copies of two Acts which I have lately passed for the Colony of
British Columbia Entitled as follows:

1. "New Westminster Municipal Council Extension Act 1861."

2. "Harrison Lillooet Portage No 2 Roads Bonds Act 1861."

2. The first of those Acts was passed at the petition of the
inhabitants, for the purpose of including within the limits of
New Westminster for Municipal purposes, a tract of land, 10 chains in width, not before included, and also in order to add two Councillors to the original number of seven appointed under
the provisions of the "New Westminster Municipal Act 1860."

3. The object of the Harrison Lillooet Road Bonds Act, is
to provide for the creation of British Columbia Bonds to the
amount of £3000, bearing interest at the rate of 6 per cent
per annum, for the purpose of defraying a part of the cost of
forming the Harrison Lillooet Road, which could not be conveniently
met out of the revenue of the current year, and arrangements will
be made, as required, to meet this liability.

4. There being nothing in these Acts of an unusual nature,
I venture to recommend them for Her Majesty's approval.



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FILE: 1861-11-15_Newcastle_to_Douglas_B617090.txt
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No. 90

I have the honor to acknowledge the receipt of your despatch No.
35 of the 6th of May, submitting a proposal for the settlement of the
Land Claims of the Hudson's Bay Company in British Columbia.

I enclose for your information an extract of a Report by the Board
of Emigration together with the Memorandum therein referred to showing
the result of the negotiation which has taken place with the Hudson's
Bay Company on the subject. I also enclose a copy of a letter which I
thereupon caused to be addressed to the Company and of their answer by
which letters you will perceive that the arrangement is adopted by the
Company and by Her Majesty's Government.

You will observe that in the event of differences as to the
boundaries or other details of the different plots of land contemplated
in the agreement those difference are to be determined by Arbitrators.
As the ordinary business of carrying the whole arrangement into effect
will devolve on the Land Department of which Colonel Moody is the head, it appears necessary to look to some other source for an Arbitrator to
be employed in case of need. It is fortunate that the presence of
Captain Gosset of the Royal Engineers supplies an Officer whose
acquirements and former experience render him very appropriate for this
Office. You will therefore name him as the Arbitrator to serve on
behalf of the Government if occasion should arise. I shall be very
happy however if the progress of the business should be so satisfactory
as not to cause a reference to arbitration.



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FILE: 1861-11-16_Hamilton_to_Rogers_Permanent_Under-Secretary_B615TE20.txt
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Hamilton to Rogers (Permanent Under-Secretary)

With reference to Mr Elliot's letter of 17th Ultimo,
on the subject of the delay in sending home the accounts of British Columbia, and requesting to be informed whether Their Lordships
consider it desirable to modify the system of accounts for that
Colony, I am commanded by the Lords Commissioners of Her Majesty's
Treasury to transmit to you a copy of a Report from the Commissioners
of Audit on this subject;

I am to request that you will state to the Duke of Newcastle
that, in the absence of any definite propositions for the
modification of the Accounts, Their Lordships are of opinion that the
system already adopted should be continued.

My Lords request that the suggestions of the Commissioners of
Audit in regard to the use of certain forms may be communicated to
the Governor;

Their Lordships, at the same time, desire me to enclose two
copies of the Colonial Instructions of 1847.



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FILE: 1861-11-18_Hamilton_to_Rogers_Permanent_Under-Secretary_B615TE21.txt
================================================================================

Hamilton to Rogers (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 the account of the Emigration Comrs at
the Bank of England, the sum of £217.11.2 for the Conveyance
to British Columbia of the wives & families of certain of the
Royal Engineers stationed in that Colony.



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FILE: 1861-11-18_Newcastle_to_Douglas_B617091.txt
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No. 91

I have the honor to acknowledge the receipt of your despatch marked
"Separate" of the 16th of September reporting on the state and
prospects of B. Columbia.



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FILE: 1861-11-19_Barnard_to_Elliot_Assistant_Under-Secretary_V615AG02.txt
================================================================================

Barnard to Elliot (Assistant Under-Secretary)

I have the honor to acquaint you, for the information of The Right
Honorable The Secretary of State, that the Rifles &c supplied for the
service of the Government of Vancouver's Island pursuant to your
letter of the 21 June last were shipped on board the "Speedy" on the
1st Instant for conveyance to the Colony.



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FILE: 1861-11-22_George_F._Foster_to_Fortescue_Parliamentary_Under-Secretary_V616F03.txt
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Foster to Fortescue (Parliamentary Under-Secretary)

Having been appointed by His Excellency Governor Douglas to the
command of the Vancouver Island Volunteer Rifle Corps I have the
honor to lay before you the copy of a communication relative to
the supply of Fire arms for the use of that Corps.

The Fire arms proposed to be furnished to the V.I. Volunteer
Rifle Corps, are I consider, too antiquated and obsolete an arm
for the use of any corps in H.M. Service, and I do not think it
would be advisable for H.M. Government to incur even the expense
of their transport to the Colony.

I further consider that the possession of such an arm would
cause the V.I. Volunteers to appear to great disadvantage when
placed in comparison with the troops on the U.S. continent.

I would therefore beg to suggest that the same arm be furnished
to the V.I. Volunteers as that supplied to the volunteers of the
United Kingdom.

I have further to request that H.M. Secretary of State for the
Colonies will be pleased to order the gazetting of Officers
appointed by H.M. representative to hold commands in the V.I.
Volunteer Rifle Corps, and that such appointments shall have
permanent effect, and be subject to the rules & regulations
promulgated by the Horse Guards for the Volunteer Corps of Great
Britain.

In venturing to offer this suggestion I would deprecate the
adoption of the annual Election of Officers practised in the
American States, feeling deeply as I do the necessity of keeping
the appointments of Officers in such a distant Colony, and one
also so close on the frontier of a foreign Country, under the
immediate controul of H.M. Government.



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FILE: 1861-11-22_Romaine_to_Rogers_Permanent_Under-Secretary_V615AD10.txt
================================================================================

Romaine to Rogers (Permanent Under-Secretary)

In reply to Mr Elliot's Letter of the 12th Instant, I am commanded
by my Lords Commissioners of the Admiralty to acquaint you, for the
information of the Duke of Newcastle, that the Sum due to Lieutenant & Commander A.T.H. Helby, of H.M's Gunboat Grappler, is Five pounds
five shillings (£5.5.0) on account of the entertainment of Captain Stamp on board that Vessel for five days in the month of October,
1861.

*



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FILE: 1861-11-23_Douglas_to_Newcastle_B61072.txt
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No. 72, Military

Money being required for payment of the Colonial pay &ca
of the Royal Engineers, I have the honor to acquaint Your Grace
that I have authorized the Treasurer to obtain, when circumstances
will permit, the Sum of Three Thousand pounds in the usual manner
by Bills upon Her Majesty's Paymaster General, and I trust Your
Grace will cause the necessary authority to be issued for the
acceptance of the Bills, drawn on this Account, upon their presentation.

2. The sum of Six Thousand pounds is all that has been as
yet drawn this year. The Parliamentary Vote for British Columbia
ending 31 March 1862 is Eleven Thousand pounds for "Colonial Pay of Royal Engineers," exclusive of the Salary of the Chief
Commissioner of Lands and Works (in command of Royal Engineers).
Therefore if the Coin sent out by the "Tartar," be not considered
in the Parliamentary grant, there is still a sum of Two Thousand
pounds available before the 31st March 1862, and this sum
will, I believe, just meet our requirements on account of Colonial
Pay &ca of the Royal Engineers to that date. I therefore trust
that the Coin sent out by the "Tartar", and which was issued from
the Treasury in October 1860, may be treated as irrespective of the aid granted by Parliament for 1861-62, for as I have before
explained to Your Grace the remote and almost inaccessible part
of the Country in which the recent rich gold fields have been
opened demand immediate heavy expenditure in improving the
communications &ca and so numerous and so pressing are the
calls made upon me, that, although not able to meet a tithe of
them, I am, nevertheless, just now more straitened for means
than at almost any other period since the creation of the Colony.



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FILE: 1861-11-23_Newcastle_to_Douglas_V617076.txt
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No. 76

With reference to my despatch No. 60 of the 14th of June last, I have the honor to acquaint you that the Rifles &c supplied by the
Secretary of War for the use of the Volunteers in Vancouver Island were
shipped on board the "Speedy" on the 1st Instant for conveyance to the
Colony.



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FILE: 1861-11-24_Douglas_to_Newcastle_B61073.txt
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No. 73, Miscellaneous

I have the honour to acquaint Your Grace that I have drawn
on Her Majesty's Paymaster General for the sum of Four Hundred
and Thirty One Pounds, Five Shillings (£431.5.0), being the amount of
Salary due to me as Governor, from the 1st of July to the
30th of September 1861, at the rate of £1800 per annum,
Income Tax deducted; and I have to request Your Grace will be
pleased to obtain the necessary authority from the Lords
Commissoners of the Treasury for the Bill presented on this
account to be paid when it becomes due.



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FILE: 1861-11-25_Douglas_to_Newcastle_V61073.txt
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No. 73, Legislative

I have the honour to transmit herewith, four Acts intitled as
follows, vizt—

1. "The Alien Act 1861."

2. "An Act for the Confirmation of the Titles of Aliens to
Real Estate 1861."

3. "An Act to Enable Aliens to hold Real Estate 1861."

4. "The Vancouver Island Civil Procedure Act 1861."

2. The provisions of the first three Acts defining the position of
aliens in the Colony of Vancouver Island, are not materially
different from the Alien Act approved by Her Majesty's Government
and now in force in the Colony of British Columbia; they are also in
accordance with the instructions received in Secretary Sir E. Lytton's Despatch No 20 of the 11th of February 1859; I therefore
thought it incumbent upon me to give Her Majesty's Assent to them
without delay, in order to quiet the public mind and to remove a
mischievous feeling of distrust which had been rapidly gathering
strength with respect to the rights of aliens in this Colony.

3. I enclose a report from the Attorney General on the character and
object of these Acts; and I would also inform Your Grace that many
reasons of sound policy render their immediate passage of vital
importance to the Colony.

4. A great deal of capital has been invested by aliens in the
purchase of land in and about Victoria, and it was generally believed
in consequence of an official announcement issued in 1858, declaring
the legal position of aliens, that those persons were entitled to hold
land for three years only, unless then declared to be British
subjects; consequently most of them were preparing to sell their
interest within the present year, and to withdraw from the Colony,
though, otherwise, if secured in their rights, they did not desire to
sell their property.

5. I may also state that there is reason to believe that the attention
of many Capitalists, especially among the British, French and German
residents of San Francisco, is now being directed to this place; the
present political troubles in the United States, a prospect of
increased taxation, and the present high prices of Real Estate in San
Francisco, all tending to direct enquiry towards this point, as a
favourable one in which to make investments. The notification then,
at this time, that all restrictions on aliens holding property in this
Colony, are removed, will doubtless have a most beneficial effect.

6. I observe that the Government of Canada, influenced no doubt by
the same motives, have lately offered very liberal bounties of land
and other inducements to those persons who are being driven across
the borders by the troubles in the United States.

7. One very disastrous effect produced by uncertainty in regard to
alien titles, is the check it gives to improvement. An alien may be
willing to hold a piece of land with the prospect of its increasing
in value soon, but he will not, with an uncertain tenure, invest
capital in the erection of substantial buildings, or other permanent
improvements. Another evil resulting from that uncertainty is that
the alien does not identify himself with the interests of the
country, nor actively contribute towards its sure and healthy
development. He may perhaps aid in creating a speculative demand in
order to sell his property to advantage, but he does not care to
assist plans which require years to mature, when he may be called on
any time to part with property which he holds only by sufferance.

8. There are many other points which I might allude to in connection
with the subject, but most of them will doubtless occur to Your Grace.

9. As there still exists a feeling of distrust and uncertainty as to
whether these Acts will meet with Her Majesty's approval, I have to
beg the favour of Your Grace's early reply to this Communication, in
order that the question may be set at rest.



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FILE: 1861-11-26_Newcastle_to_Douglas_V617077.txt
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No. 77

With reference to your despatch No. 60 of the 11th of September last I have the honor to acquaint you that as the service on which
Captain Stamp proceeded from Esquimalt to Barclay Sound in October 1860
was a Colonial one, I have instructed the Colonial Agents General to
repay to the Admiralty the cost of his entertainment on board M. M's
Gunboat "Grappler."

The amount of the claim is £5-5-0 and I have to request that you
will remit this sum to the Agents General Messrs. Barnard and Julyan,
6. Adelphi Terrace, London.



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FILE: 1861-11-29_Hamilton_to_Rogers_Permanent_Under-Secretary_B615TE22.txt
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Hamilton to Rogers (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 drawn by Mr W.D. Gossett, Treasurer,
British Columbia, for the sum of £250.



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FILE: 1861-11-29_Ramage_to_Newcastle_B615MI12.txt
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Ramage to Newcastle

The Municipal Council of New Westminster, British Columbia by a resolution passed at a large public meeting, held here
on the 14th of October, were requested to forward to Your
Grace, A Memorial adopted by that meeting, praying Her Majesty's
Government, to consent to the grant of a subsidy, out of the
revenue of the Colony of British Columbia, as an aid, to
establish an Ocean Line of Mail Steam communication with this Colony.

The Memorial was forwarded to His Excellency the Governor
for transmission to Your Grace on the 25 of October, and a copy
of the Memorial, was at the same time forwarded by Express,
which no doubt Your Grace will receive.

There being no reply, from His Excellency the Governor, of
the Memorial having been forwarded to Your Grace, the
enclosed correspondence ensued relative thereto, to which the
Municipal Council beg most respectfully to call the attention
of Your Grace, shewing as it does, some of the difficulties
that often occur, in not having a resident Governor; by whom
the feelings of the people, and the interests of the Colony,
would be properly understood, and fairly represented to Her
Majesty's Government.



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FILE: 1861-11-30_Douglas_to_Newcastle_B61074.txt
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No. 74, Financial

I have the honor to forward herewith the Estimates of
the Civil Expenditure of the Colony of British Columbia for
the year ending 31st December 1862, framed as closely in
accordance with rule as is practicable under the existing
circumstances of the Colony.

2. I have so fully placed before Your Grace in other
Despatches the exact present condition of the Colony, the
recent discoveries of immense auriferous wealth in the newly
opened District of Carriboo, the almost certain large increase
to the population in consequence, and the general confidence
established in the richness and future of the Country, that
it is not necessary I should revert to the subject here,
further than to remark that I trust these circumstances will
have their weight with Your Grace in leaving me free, as
heretofore, to devote the whole Revenue of the Colony, after
deducting the ordinary expenditure, to the important object
of opening up the communications with the distant gold fields,
so as to cheapen the transport of Provisions; a matter which
just now demands all our energies, and absorbs all my attention.

3. The large tract of country embraced in these new gold
fields will cause a heavy increase in the civil expenditure in
providing for adequate Magisterial supervision. Such however
is indispensable to the order and good Government of the
Country, and I have consequently made provision for the same
in the Estimates.

4. In my Despatch of the 16th July last, "Separate",
I mentioned that I had found it necessary to establish a
Gold-Escort. In the accompanying Estimates provision is consequently
made for its maintenance during the year 1862, but as, from
the great distance it has to travel, and the nature of the
country, it has proved very costly I propose to abandon the
scheme for the present, if I can carry out one part of it,
viz. that of periodically strengthening the hands of the
Magistrates in distant localities, in some equally efficient,
but less expensive manner.

5. I have also, at the earnest solicitation of some of
the Subordinate Officers in the different Departments, made
a slight increase to their Salaries. The additional charge
upon the Revenue caused thereby will be comparatively
insignificant, some Six Hundred Pounds (£600) only, and in the end
will, I believe, be fully repaid; for the consideration thus
shewn may I trust, render the present incumbents contented
with their position amidst the many instances before them of
suddenly acquired wealth, and will consequently secure to the
Government the continuance of their services now that they
have, as it were, become remunerative by possessing a knowledge
of their particular duties. With scarce an exception none had
any previous experience of public business, and all had to be
carefully trained, and here we have no field to select from
to fill vacancies with qualified men.

6. With the foregoing exceptions the Estimates do not
differ materially from those submitted for the present year,
and I trust that they may meet with Your Grace's concurrence
and approval.



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FILE: 1861-11-30_Douglas_to_Newcastle_B61075.txt
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No. 75, Military

With reference to Your Grace's Despatch of the 14th
July last, marked "Separate," I have the honor to forward
herewith an Estimate of the Expenditure necessary for the
maintenance of the Detachment of Royal Engineers serving in
this Colony, during the financial year 1862-63, amounting in the
whole to the Sum of Seventeen Thousand, Nine Hundred pounds (£17,900).

2. I earnestly trust it may be within the power of Your
Grace to provide this aid from Imperial Funds. The Colony
cannot undertake this expenditure without suffering material
injury. I fully recognize the weight of Your Grace's remarks
in your Despatch of the 11th May last No 78, and heartily
appreciate the evidence of Your Grace's desire to accord to
this infant Colony every assistance that can consistently be
expected. But the demands now upon me for money are greater
than ever. The present circumstances of the Colony pressingly call for the outlay of every available fraction upon the
development of the communications to the recently discovered
Gold fields in the Carriboo District, distant some 500 miles.
The reports that have gone abroad backed as they have been,
by the production of the gold, proclaim that District as the
richest gold field yet known in the world. A rush to the mines
when the season opens will be the natural consequence. Provisions
must be thrown into the Country, and the present enormous cost of
transport must be reduced to render them more within the reach
of all, else the most fruitful source of evil will result. The
sum we hope to raise on Loan will not be more than sufficient to start the work. We have but the Revenue of the Colony to rely
on to prosecute it.

3. I feel confident Your Grace will readily appreciate
these circumstances, and I need not further dilate upon them
to induce you to continue to us an aid that is most essential
in the present condition of the Colony. Were it not so, I would
not so anxiously beg for it, but in doing so, I would respectfully
remind Your Grace that, with but small exception, the Colony of
British Columbia, has paid all her Civil expenses, and that the only assistance she has obtained from the Imperial Treasury has been for the maintenance of the Military Force which must be
present in the Country to guard Imperial interests.



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FILE: 1861-11-30_Douglas_to_Newcastle_B61076.txt
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No. 76

I have the honor to transmit herewith a Memorial, which
has been entrusted to me to lay before your Grace, from certain
of the Inhabitants of British Columbia present at a Public
meeting held at New Westminster, praying that a direct Steam
communication may be established between Panama and New Westminster,
and that a sum of Five Thousand Pounds (£5000), or more if necessary,
should be granted from the Colonial Revenues to subsidize for
present expediency a line between San Francisco and New Westminster.

2. I have already had the honor very fully to address your
Grace upon the subject of the disadvantages under which Her
Majesty's dominions in this section of the Globe labor, through
the absence of direct Steam Communication with the Mother Country.
It is therefore not necessary that I should here enter into any
recapitulation of those matters. I will only say that the
Memorial now forwarded is in perfect accordance with my own views as to the importance of our not being, as now, entirely dependent
upon a Foreign Power for our intercourse with the Mother Country
and the rest of the civilized world.



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FILE: 1861-11-30_Holloway_to_Newcastle_B616H01.txt
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Holloway to Newcastle

I take the liberty of laying before your Grace, a matter which
though insignificant in itself, is of vital importance to a poor
hard-working man such as I am.

On the 21st day of August 1861 at a public sale of town lots
in the city of New Westminster I purchased three lots which are
numbered as follows, "Block 36 Lot 2 Block 36 Lot 15 Block 36 Lot
5." The terms of the sale were as follows, one fourth cash down,
the balance to be paid in monthly instalments: the price of the
three lots ammounted [sic] to £88.00s.00d. At the conclusion of
the sale I paid the sum of £22.00.00, one month from the day of
the sale I paid the second instalment £22.00.00 but unfortunately,
I was unable to pay the third instalment on the day that it became
due, two weeks afterwards I tendered to the Chief Commissioner of
Lands & Works, the whole of the balance due on the above lots, but
it would not be accepted. I was officially informed that my
property was forfeited. I applied to the Chief Commissioner twice
for redress, but was denied even a reply to my communications.
After calm and serious deliberation and the advice of some friends,
I have come to the conclusion that your Grace is the only person
from whom I can expect justice. To your Grace I take the liberty
of applying, and moreover I am fully persuaded that you will deign
to inquire into the matter and secure for a poor honest man who is
willing at any time to risk his life in defence of British Law and
British freedom. I am a native [of] Devonshire England, and am a true
and loyal subject of her Majesty Queen Victoria, but have been
treated with more contempt by the Officials of this Colony, than
any Foreigner that has set foot on the soil of British Columbia, but
trusting to the honor and integrity of your Grace, I hope to have
speedy redress.



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FILE: 1861-11-30_Newcastle_to_Douglas_V617078.txt
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No. 78

I beg to call your attention to my despatch No. 50 of the 31st of March last, enclosing a petition to the Queen from Mr. John Copland praying to be admitted as an Attorney and Solicitor of the Supreme Court of Vancouver Island; and to request that you will furnish me with your report on this application.



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FILE: 1861-12-02_Helps_to_Under-Secretary_of_State_V615CO01.txt
================================================================================

Helps 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 20th Ultimo,
leaving to the operation an Act passed in Vancouver's Island, in July
1861, No. 17; 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: 1861-12-03_Newcastle_to_Douglas_B617092.txt
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No. 92

I have the honor to acknowledge the receipt of your despatch No. 50 of the 22nd of August last on the subject of the accounts of British Columbia, and I enclose for your information a copy of a report by the Commissioners of Audit on the points referred to in your despatch.

I am happy to learn that as regards the delay which has occurred in
sending home the accounts for 1859, the Commissioner's approve of the course adopted by the Treasurer in retaining the accounts with a view to
bring them into the form prescribed by his instructions.

With respect to your suggestions that a simpler mode of accounting should be adopted in the case of British Columbia, I have to acquaint you that the Lords Commissoners of the Treasury are of opinion that, in the absence of any definite propositions for the modification of the accounts, the system already adopted should be continued.



================================================================================
FILE: 1861-12-03_Newcastle_to_Douglas_B617093.txt
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No. 93

I have the honor to acquaint you that the Paymaster General has
been authorized to pay a Bill (No. 34) drawn by Mr Gosset Treasurer
of British Columbia for the sum of £250.



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FILE: 1861-12-04_Newcastle_to_Douglas_V617079.txt
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No. 79

I have the honor to acknowledge the receipt of your despatch No.
50 of the 8th of August acquainting me that the Supreme Court of
Vancouver Island had refused to grant an injunction, for which
application had been made on behalf of your Government, to restrain the
Hudson's Bay Company from disposing of parts of the 3084 acres of land claimed by them at Victoria and applying for directions as to any
further steps which might be advisable to take in the matter.

I enclose for your information a copy of a letter which I have
received on this subject from the Governor of the Hudsons Bay Company
together with the copy of one which I have caused to be addressed to him in answer. The correspondence in May last, which Mr. Berens
quotes, was transmitted to you in my despatch No. 61 of the 13th of June last. From the present letters you will perceive that the instructions sent at that time by the Company to their Agent in the Colony were not confined as had been supposed to the Water Frontage
then more immediately under discussion, but were intended to apply to
the whole of 3984 acres of which those frontages form a part, and that
in acknowledging the instructions, on the 14th of July last, the Agent
accordingly expressed his intention to refrain from selling any further
portions of the 3084 acres of Land.

You will probably have ascertained since the date of your despatch
the nature of those instructions, which I have no doubt will have had
the effect of stopping any further sales of the Land on the part of the
Company's Representatives in Vancouver Island.



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FILE: 1861-12-05_Newcastle_to_Douglas_V617080.txt
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No. 80

I have received and have had under my consideration An Act (No
17) passed by the Legislature of Vancouver Island in the month of July
last, and transmitted to me in your Despatch noted in the Margin.
[Marginal note: No 54—21 Augt./61]

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 20th
Ultimo approving the report.



================================================================================
FILE: 1861-12-07_Douglas_to_Newcastle_B61077.txt
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No. 77

With reference to my despatch No 76 of the 30th November
I have the honor to forward herewith copy of a Resolution passed
at a meeting of the Municipal Council of New Westminster held on
the 18th November 1861.

2. I regret thus to trespass upon Your Grace's time and
attention, but as the Resolution is forwarded to me by the
Municipal Council for the express purpose of transmission to your
Grace, I of course do not hesitate to do so.

3. The origin of the "Resolution" is shortly this. The
Municipal Council prepared the Memorial to your Grace enclosed in my
aforesaid despatch, and instead of sending it through the Post, they
entrusted it to private hands. It was not therefore delivered with other
letters in ordinary course of post, but was left at the Office
subsequently, and unfortunately was inadvertently overlooked
for a few days.

4. The Municipal Council have prejudged the matter and treat
it as one of intentional delay with the object of defeating their plans.

5. It is unnecessary for me to make any further observations in refutation of allegations which are really so trifling and so out of reason.



================================================================================
FILE: 1861-12-07_Douglas_to_Newcastle_B61078.txt
================================================================================

No. 78

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



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FILE: 1861-12-07_Douglas_to_Newcastle_V61074.txt
================================================================================

No. 74

With reference to your Grace's despatch No 50 of
the 5th April, I
have the honor herewith to forward for the information of your Grace
copy of a Report made by the Chief Justice of Vancouvers Island upon
the Petition of Mr John Copland, praying for admission to practice
as an Attorney in the Courts of this Colony.

2. I also forward a Petition addressed to The Queen upon the same
subject from Mr Copland.

3. The whole matter is so fully discussed and explained in the
Report of the Chief Justice that it is unnecessary for me to add more
than the remark that I consider Mr Coplands case might be safely
left to be dealt with by the local Legislature.



================================================================================
FILE: 1861-12-07_Douglas_to_Newcastle_V61075.txt
================================================================================

No. 75

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



================================================================================
FILE: 1861-12-07_Newcastle_to_Douglas_B617094.txt
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No. 94

In your despatch No. 27 of the 23rd of April you informed me that
the Attorney General's report on certain Proclamations then forwarded to
me would be transmitted by a future opportunity. The report has not yet
reached me, and I have the honor to request that you will acquaint me
with the reason why it has not been sent.



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FILE: 1861-12-09_Cox_&_Co._to_Rogers_Permanent_Under-Secretary_B616C06.txt
================================================================================

Cox & Co. to Rogers (Permanent Under-Secretary)

We have the honor to enclose a certificate to the effect that
Colonel R.C. Moody, R.E. was in the performance of his duties
as Chief Commissioner of Lands and Works for British Columbia on
the 17th October last; and request that you will be good enough
to direct the usual authority to be issued to the Paymaster General
to pay us that officers Salary for September quarter.



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FILE: 1861-12-09_Douglas_to_Newcastle_B61079.txt
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No. 79

I have the honor to acquaint you that in pursuance of the
Royal Warrant and the instructions conveyed to me in Your Grace's
despatch No 84 of 19th July last, I have appointed Mr Henry
P. Pellew Crease to be Attorney General for British Columbia in
the place of Mr G.H. Cary appointed Attorney General for
Vancouver's Island.



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FILE: 1861-12-09_Douglas_to_Newcastle_V61076.txt
================================================================================

No. 76

Mr George Hunter Cary Attorney General for British Columbia having
at his own request been superseded in that appointment by Mr Henry
P. Pellew Crease, I have the honor to acquaint Your Grace that in
pursuance of the Royal Warrant and the instructions contained in your
despatch No 51 of 5th April last, I have appointed Mr Cary to be
Attorney General for the Colony of Vancouvers Island.



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FILE: 1861-12-11_Booth_to_Under-Secretary_of_State_B615TA02.txt
================================================================================

Booth to Under-Secretary of State

I am directed by the Lords of the Committee of Privy Council
for Trade to acknowledge the receipt of your letter of the
5th Instant transmitting, by the desire of the Secretary
of State, for the consideration of the Lords of this Committee,
a Copy of a Proclamation issued by the Governor of British Columbia entitled the "Southern Boundary Act 1860," and, in
reply, I am to request you to state to the Duke of Newcastle
that My Lords see no reason why this proclamation should not be approved.



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FILE: 1861-12-13_Berens_to_Newcastle_V615MI10.txt
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Berens to Newcastle

It has occurred to the Governor and Committee of the Hudson's Bay
Company that, in the present emergency, Her Majesty's Government
might be disposed to increase the amount of Steam power which they
possess in the North Pacific Ocean, and I am directed to acquaint
Your Grace that the Hudson's Bay Company have now a Steamer at
Victoria Vancouver's Island, which, with her full complement of Arms,
the Governor and Committee are willing to place at the disposal of
Her Majesty's Government.

The Steamer in question is called the "Labouchere". She was built by
Messrs Green and Company of Blackwall in 1858, of the very best
materials and regardless of cost. Her frame is of the best English
Oak. Her planking &c of East India Teak—and she is fitted with
Copper fastenings throughout. Her Register Tonnage is 507 Tons. Her
Engines of 160 Horse-power were built by Messrs Penn and Company of
Greenwich. Her Upper and Lower Decks are of more than ordinary
strength, having been constructed with a view to her carrying Guns,
with which she is in fact provided. In other respects she is fitted
up as a first-class vessel.

I may add that the "Labouchere" is a Paddle-wheel Steamer, and that
she is fully rigged for sailing. She made an excellent voyage round
Cape Horn partly under Steam and partly under Canvas.

The "Labouchere" was sent to Vancouver's Island by this Company for
the use of the Colony, as well as for the operations of their
Trade—in the altered circumstances of the Company in that Country,
and their having no further connection with the Administration, she
is found to be too large for the purpose of the Trade alone. It is
on this account that the Governor and Committee have contemplated the
propriety of disposing of her or employing her elsewhere. They think
it, however, their duty before giving her any other destination to
tender her to Her Majesty's Government.

Should Your Grace consider that Her Majesty's Government would be
inclined to entertain the proposition of purchasing this Steamer,
simple details with respect to her capacity for the public service
can be supplied.



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FILE: 1861-12-13_Murdoch_to_Elliot_Assistant_Under-Secretary_B615LN07.txt
================================================================================

Murdoch to Elliot (Assistant Under-Secretary)

I have to acknowledge your letter of 5th instant
enclosing an extract of a Despatch from the Governor of British Columbia, with four Proclamations (Nos 1, 2, 3, and 6 of 1861)
on the subject of the disposal of Land in that Colony.

2. The first of these Proclamations provides that land
purchased under the Proclamation of 4th January 1860, by
persons acquiring land by preemption, shall be of the same form
and subject to the same rules in regard to Boundaries as the land preempted. It also makes provision for enabling persons holding land to obtain a Survey and to complete their purchase.

3. The Proclamation No 2 reduces the price of all land
whether surveyed or unsurveyed to 4s/2d an Acre, in accordance
with an authority conveyed to the Governor by the Duke of Newcastle.

4. Proclamation No 3 confers on Naval and Military
Settlers in British Columbia the advantages in the acquisition
of Land formerly granted to them in all the British Colonies and
still in force in several. The rules established by this Proclamation
are substantially the same as those prevailing in other Colonies.

5. Proclamation No 6 attaches to Land purchased under
the Proclamation of 4th January 1860, and the Country
Land Act 1861 the same condition of occupation & improvement as
attaches to Land "preempted" under the Proclamation of January 1860.
The object is to prevent speculators taking advantage of the reduction
in price to buy large tracts to be afterwards retailed by them at
an advanced rate to actual Settlers. The Proclamation further
prohibits the preemption by the same person of more than one block
of 160 Acres.

6. I have the honor to report that these Proclamations appear
to me open to no objection—and I would recommend that they
should receive H. Majesty's approval.



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FILE: 1861-12-16_Hammond_to_Rogers_Permanent_Under-Secretary_V615FO10.txt
================================================================================

Hammond to Rogers (Permanent Under-Secretary)

I am directed by Earl Russell to transmit to you, to be laid before
His Grace The Duke of Newcastle, a Copy of a Despatch from the United
States Minister at this Court, stating that Mr Allen Francis of
Illinois, has been appointed to be United States Consul at the Port
of Victoria, Vancouver's Island, and I am to request that you will
move His Grace to inform Lord Russell whether there is any objection
to the issue of Her Majesty's Exequatur in favor of Mr Francis.



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FILE: 1861-12-18_Colvile_to_Newcastle_V615MI11.txt
================================================================================

Colvile to Newcastle

With reference to the conversation I had the honour to have with your
Grace yesterday respecting the Claims of the Hudson's Bay Company to
Lands in Vancouver's Island, I beg now to suggest that the whole
question be referred to the Company's Solicitor Mr Maynard and Mr
Dallas on behalf of the Company, & to Mr Walcott and such other
Gentlemen as Your Grace may think fit to appoint on behalf of the
Government, with the understanding that should these Gentlemen not be
able to settle the matter in question to the satisfaction of

the Government and of the Hudson's Bay Company, the proceedings shall
be without prejudice on either side as regards the reference to the
Judicial Committee of the Privy Council. I presume that the
Gentlemen appointed by your Grace will arrange directly with Mr
Maynard and Mr Dallas as to time and place of Meeting.



================================================================================
FILE: 1861-12-19_Hamilton_to_Rogers_Permanent_Under-Secretary_B615TE23.txt
================================================================================

Hamilton to Rogers (Permanent Under-Secretary)

With reference to your letter of the 13th inst. I am
commanded by the Lords Commissoners of Her Majesty's Treasury
to acquaint you that the Paymaster General has been authorized
to pay to Col. Moody, R.E. the sum of £300, as Salary for the Quarter ended 30th September last as Commissioner of
Lands and Works in British Columbia.



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FILE: 1861-12-23_Lugard_to_Elliot_Assistant_Under-Secretary_V615WA09.txt
================================================================================

Lugard to Elliot (Assistant Under-Secretary)

With reference to those portions of your Letter of the 22nd
November, and its enclosure, from Lieutenant Colonel Foster,
Commanding the Vancouver Island Volunteers, which relate to the mode
of appointing officers of the Corps, I am directed by the Secretary
of State for War to request that you will acquaint the Duke of
Newcastle that Sir George Lewis is of opinion that it would not be
expedient to adopt the suggestion of inserting the names of officers
belonging to Colonial militia or Volunteer Corps, in the London
Gazette. They are doubtless duly notified in the Local Gazette.

With regard to Colonel Foster's further suggestion that the
appointments should have permanent effect, and be subject to the
rules and regulations promulgated for the guidance of the Volunteer
Corps in this Country, I am to state that Sir George Lewis conceives
that it must rest with the Local Authorities to decide how far those
rules can properly be adopted in the several Colonies.



================================================================================
FILE: 1861-12-23_Newcastle_to_Douglas_B617095.txt
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No. 95

I have the honor to transmit to you a copy of a Memorial addressed to me by certain Inhabitants of British Columbia, and I have to request that you will inform the Memorialists that the subject of the Postal communication between Great Britain and Vancouver Island and British Columbia is under the consideration of Her Majesty's Government.

I have further to request that you will acquaint the Memorialists that any future Representation which they may desire to make should, in accordance with the established rule, be forwarded through yourself, as Governor of the Colony, in order that I may have the benefit of any observations or suggestions which you may have to offer upon it.



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FILE: 1861-12-27_Paget_to_Under-Secretary_of_State_V615AD11.txt
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Paget to Under-Secretary of State

Having laid before my Lords Commissioners of the Admiralty your
letter of the 24th Inst. with its enclosures respecting the
application for a grant of Colonial Pay to the Lieutenants in command
of Her Majesty's Gun Boats Grappler and Forward while employed on the
Vancouver Station; and suggesting that as the Revenues of those
Colonies are not in a state to admit of any grant on this account, an
Extra rate of Pay might be allowed; I am commanded
by their Lordships to acquaint you, for the information of His Grace
the Duke of Newcastle, that my Lords consider there are great objections
to the principle of granting Extra Pay, and that they do not deem the
case in question sufficiently strong to be made Exceptional.



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FILE: 1861-12-28_Douglas_to_Newcastle_V61077.txt
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No. 77

I have to report to your Grace that the Colonial Treasurer, Mr
George Tomline Gordon, has been discovered to be a Defaulter in
respect to the public money placed in his charge, and I have
consequently suspended him from the further exercise of the functions
of his office.

2. The amount of defalcation at present ascertained is about Six
Hundred pounds, produced by an actual deficiency in his Cash Balance,
and by certain moneys issued to him under Advance Warrant not being
forthcoming. His sureties will be called upon to make good the
conditions of their Bonds.

3. Mr Gordon was brought before the Stipendiary Magistrate at
Victoria, charged with embezzlement of the public funds, and has been committed upon the clearest evidence, to take his trial at the next Assizes.



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FILE: 1861-12-28_Douglas_to_Newcastle_V61078.txt
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No. 78

With reference to my Despatch of this date No 77 acquainting your
Grace with the committal for Trial of Mr George Tomline Gordon,
Treasurer of Vancouvers Island, upon a charge of embezzlement of the
public funds, and that I had consequently suspended him from his
office, I have now the honor to report to your Grace that I have
appointed Mr Alexander Watson, to act as Treasurer in the place of
Mr Gordon.

2. Mr Watson has been the Accountant in the branch at this place of
the Bank of British North America, and resigns that office to accept
the appointment I have conferred upon him. I have every reason to
believe him to be a gentleman of the highest integrity, of good
business habits, and of more than ordinary attainments; and I cannot,
in view of the deep anxiety it has caused me to find suitable
subordinates, but esteem myself most fortunate in this case to secure
the services of Mr Watson, peculiarly qualified as he is by previous
training and by an unblemished reputation for so responsible an
office: I therefore earnestly trust that Your Grace will be pleased
to obtain Her Majesty's confirmation of the appointment.

3. The Salary attached to the office by the local Legislature is
Four Hundred pounds per annum; but as this was less than the
emoluments of the office Mr Watson resigned, and as I am satisfied
such a Salary in this country would not secure the willing and
faithful service of a competent man, I have promised Mr Watson a
Salary at the rate of Five Hundred pounds per annum, payable from the
proceeds of the sales of public land, of which I trust Your Grace
will approve, as I believe the services which Mr Watson is capable
of rendering to this Colony will be cheaply purchased with such a
Salary.



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Separate, Confidential

It is commonly reported by the Newspaper Press in California, and on
the authority of those Prints, repeated here, that a British Steam
Packet variously stated as the "Fingal", and by other accounts the
"Trent" was boarded some time last month, on the high seas by an
armed party detached from the United States Corvette "Jacinto" under
the Command of Commodore Wilkes; and that the Confederate
Commissioners, Messrs Mason and Slidell, who were among the
passengers on board, were, in violation of international Law and the
rights of the Flag, seized upon and forcibly removed, notwithstanding
the protest of the Master, who had no means of resisting the violence
by which he was threatened.

2. As it is feared that complications may grow out of so rash and
insolent an act, Endangering our friendly relations with the United
States, I think it incumbent on me to review our means of defence,
and the course which ought to be taken by this Government in the
event of hostilities being declared.

3. The Naval Force at present here, consists of Her Majesty's steam
Frigate "Topaze", Captain The Honourable
J.W.S. Spencer;
the "Hecate" Surveying Ship;
with the "Forward" and "Grappler" Gun Boats. With the
exception of the Forward, whose boilers are worn out and
unserviceable, these Ships are all in a thoroughly efficient state.

4. Our Military Force consists of the Detachment of Royal Engineers
stationed in British Columbia, and the Royal Marine Infantry
occupying the disputed Island of San Juan; forming in all about 200
rank and file.

5. The United States have absolutely no Naval Force in these waters,
beyond one or two small Revenue Vessels; and with the exception of
one Company of Artillery, I am informed that all their regular Troops
have been withdrawn from Oregon and Washington Territory; but it must
nevertheless be evident that the small Military Force we possess, if
acting solely on the defensive, could not protect our Extensive
frontier even against the Militia or Volunteer Corps that may be let
loose upon the British Possessions.

6. In such circumstances I conceive that our only chance of success
will be found in assuming the offensive and taking possession of
Puget Sound with Her Majesty's Ships, re-inforced by such bodies of
local auxilliaries as can, in the Emergency, be raised, whenever
hostilities are actually declared, and by that means effectually
preventing the departure of any hostile armament against the British
Colonies, and at one blow cutting off the Enemy's supplies by sea,
destroying his foreign trade, and entirely crippling his resources,
before any organization of the inhabitants into military bodies can
have effect.

7. There is little real difficulty in that operation, as the Coast
is entirely unprovided with defensive works, and the Fleet may occupy
Puget Sound without molestation.

8. The small number of regular Troops disposable for such service
would necessarily confine our operations to the line of coast: but
should Her Majesty's Government decide, as lately mooted, on sending
out one or two Regiments of Queen's Troops, there is no reason why we
should not push overland from Puget Sound and establish advanced
posts on the Columbia River, maintaining it as a permanent frontier.

9. A Small Naval Force entering the Columbia River at the same time
would secure possession, and render the occupation complete. There
is not much to fear from the Scattered population of Settlers, as
they would be but too glad to remain quiet and follow their peaceful
avocations under any government capable of protecting them from the
savages.

10. With Puget Sound and the line of the Columbia River in our
hands, we should hold the only navigable outlets of the Country,
command its trade and soon compel it to submit to Her Majesty's Rule.

11. This may appear a hazardous operation to persons unacquainted
with the real state of these Countries, but I am firmly persuaded of
its practicability; and that it may be successfully attempted with a
smaller force, than, in the event of war, will be required to defend
the assailable points of our extensive frontier, which will be
attacked on all sides if we remain entirely on the defensive, and
neglect to provide full occupation for the Enemy at home.

12. In any case it will be my first duty, on war being declared, to
provide for the defence of Her Majesty's Possessions by raising and
organizing a local Militia to co-operate with Her Majesty's regular
Forces. The people will no doubt be prepared to make many sacrifices
on behalf of their Country, but even with the best possible
disposition on their part, funds will be wanted for the Equipment and
Sustenance of such a force which it is utterly impossible for this
Colony to furnish. I therefore beg Your Grace will be pleased
to favor me with definite instructions on this point, so that I may
be in a position to take every advantage of circumstances, and may
not involve Her Majesty's Government in any Expenditure for which
they may be unprepared.



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FILE: 1861-12-28_Murdoch_to_Elliot_Assistant_Under-Secretary_V615LN15.txt
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Murdoch and Walcott to Elliot (Assistant Under-Secretary)

We have to acknowledge your letter of 21st instant, enclosing one
from the Hudsons Bay Co in which it is proposed to refer to
arbitration the questions respecting Land in VanCouvers Island in
dispute between the Company and Her Majesty's Government. The
Company nominate Mr Maynard and Mr Dallas to act on their behalf,
and you convey to us the Duke of Newcastle's directions to act on
behalf of the Crown.

2. In obedience to these directions we have had interviews with
Messrs Maynard and Dallas on the 24th and 27th inst
and we proceed
to state the result. But before doing so it will be desirable, in
order to explain and justify the conclusion at which we have arrived,
to recapitulate the facts of the case.

3. In 1843 the Hudsons Bay Co established a station at the Southern
point of Van Couvers Island and called it Fort Victoria. At that
time the North Western Boundary between the territory of Gt Britain
and the United States had not been accurately ascertained—but in
June 1846 a Treaty was concluded between Gt Britain and the United
States by which VanCouvers Island was assigned to Gt Britain.

4. On 7th Septr 1846 Sir J Pelly, the Governor of the Hudsons Bay
Co addressed a letter to Earl Grey inquiring the intentions of Her
Majesty's Government as to the acquisition of lands or formation of
Settlements within the Territory assigned by the above Treaty to Gt
Britain. He stated that

The Hudsons Bay Co having formed an establishment on the Southern
point of VanCouvers Island which they are annually enlarging are
anxious to know whether they will be confirmed in the possession of
such lands as they may find it expedient to add to those which they
already possess.

In answer Lord Grey desired further information as to the land in
question and as to the legal competency of the Hudsons Bay Co to
hold land in the British Territory beyond the Rocky Mountains—and on
the latter point he subsequently required to be furnished with an
opinion from the law Officers of the Crown. The Law Officers opinion
having been submitted to him, Sir Benj[ami]n Hawes was directed, on
2nd Febry 1847, to inform the Co that Lord Grey was
"ready to receive and consider the draft of such a Grant as the Co
would desire to receive of lands belonging to the British Crown in
the Oregon territory."

5. No such Grant was ever proposed, but instead, Sir J Pelly (in
consequence apparently of personal communications between himself and
Lord Grey) submitted (5 March 1847) the draft of a Grant conveying to
the Company the whole of the Territory belonging to the Crown to the
North and West of Ruperts Land. Such a grant was, however,
considered by Lord Grey too extensive and eventually on 13th
Jan[ua]ry 1849 a grant was passed conveying to the Company Van Couvers Island only, "to the intent that the said Governor and
Company shall establish on the said Island a settlement or Settlements
of Resident Colonists" &c. In this Grant no reference was made to any
land already in possession of the Co as a Trading Company.

6. In 1851-2 the question as to the Lands held by the Co in Van Couvers Island was again brought into discussion. In a
correspondence which took place in those years between the Company and
the Colonial Office, Lord Greys attention was drawn to a distinction
which the Company made between land possessed by them previous to the
Oregon Treaty of 1846 and land which they had since acquired. "The
former" they said "will be made over to them (the Co) without
purchase and for any addition thereto they will have to pay 20s/-
per Acre as all other Settlers do." Lord Grey having desired a
further explanation of this distinction the Company in a letter
dated 4th Febry 1852 gave that explanation as follows

During the period that elapsed between the original connexion of the
Hudsons Bay Co with the country West of the Rocky Mountains, and the
division of the Territory by the Boundary Treaty of June 1846, while
in fact the Sovereignty was in abeyance, the Co reclaimed from the
Wilderness and occupied portions of land wherever their trading
Establishments were planted. These lands they claimed as theirs
without purchase and the possessory rights thus acquired in that
portion of Territory which is South of the 49th parallel of North
Latitude have been guaranteed to them by the Boundary Treaty. Among
the lands occupied by the Company North of the 49th parallel is that
situate at Fort Victoria in VanCouvers Island
*

where they formed an Establishment in the year 1843, and this is the
land alluded to in the 4th paragraph of my letter of 14th December.
Its exact extent has not been yet ascertained by the Company
Surveyors—but whatever that may be the Co consider they have a
right to hold it, while for any additional quantity that may be
required to be taken by the Fur Trade (which is merely a subordinate
branch of the Hudsons Bay Co) the same price will be paid by other
purchasers of land.

7. Lord Greys conclusion on this explanation was conveyed to the Co
by his Under Secretary [marginal note: Mr Peel 14 Feby 1852] in
the following terms.

His Lordship having considered this explanation directs me to state
that he is not disposed to question the right of the Co to land
actually occupied by them previous to the arrangement for constituting
VanCouvers Island a Colony, but that he wishes to be furnished as
soon as possible with a statement of the extent and description of
the lands so claimed by the Co and has consequently addressed a
despatch to the Governor of the Island applying for such information.
I am to add that his Lordship understands the claim preferred to be
strictly confined to land actually occupied and made use of, beyond
which he conceives that it ought not on any account to be extended.

8. The information which Lord Grey thus announced he had called for
was furnished by Governor Douglas in a despatch dated 25th June 1852.
After describing the District first marked out by the Company for
occupation which comprized 25 Square Miles, the Governor stated that
the Co he understood, proposed to retain of this Land only 3 farms
comprizing about 4000 Acres, one at Victoria and the other two at the
distance of three or four miles from that place. The extent of these
Farms was more precisely given in the report from the Governor of the
Company to Sir J Pakington of 24th Novr 1852 as 3084 Acres. No answer was returned nor apparently any action taken by Government
with reference to the land in question, in consequence of either
Governor Douglas' despatch or the letter from the Governor of the
Company.

9. Of the 3 Farms alluded to by Governor Douglas that at Victoria
comprized 1212 Acres—the other two were of 1144 and 724 Acres
respectively. A Fort having been built at Victoria Settlers
collected round it, and the land which had originally been under
tillage was sold for building lots. A Town gradually grew up to which
the Gold discoveries of 1858 gave an unexpected impulse, and a large
proportion of the land has now been disposed of, some of it,
latterly, at very high prices. Our discussions with Messrs Maynard
and Dallas had reference principrincipally=pallyprincipally to this land—the outlying Farms
being comparatively of little public importance. The point which we
had to determine was how far the claim which the Company derive from
Lord Grey's implied promises—from the length of their
possession—and from the legal effect of the Grant of 1849 could be
reconciled with the public interests involved not only in the revenue
to be derived from the sale of this land—but in the mode and extent
of the Sale.

10. After earnest consideration and a full discussion with Messrs
Maynard and Dallas it appeared to us that all that was necessary or
could be justly demanded on public grounds would be obtained if what
remained unsold of this Victoria lot could be recovered from the Co
and placed at the disposal of the Crown. We, therefore, informed
Messrs Maynard & Dallas that we should be prepared to recommend to
the Duke of Newcastle that the Companys claim to the two outlying
farms—and to the proceeds of the land they had sold in Victoria and
to the land about their Fort, should be recognized, on condition of
their surrendering to the Crown the whole of the land still unsold
lying south and West of James Bay, together with a water frontage
close to their Fort which had been previously marked out for a
Harbor Masters Office. This proposal, as might naturally be
expected, met at first with strong opposition from them. They urged
that the land came clearly within the principle laid down by Earl
Grey in the letter (already quoted) of 13th Febry 1852 viz.
that it was land "actually occupied and made use of." They
pointed out that it was not necessarily nor even naturally the site
of a Town but had become so in consequence of their settling there,
and they argued that if in 1852 the Co had paid for this land at the
then price vizt £1 an Acre their right could not have been disputed,
and that they did not make that payment only because the letter of
13th Febr[uar]y 1852 was understood by the Co as admitting their
right without payment. It was impossible to deny the force of these
arguments which as between individuals would, we think, have been
irresistible. But it appeared to us that the Crown acting on behalf
of the public was entitled and bound to insist more strictly on its
rights than would be done in the case of private individuals. We
therefore declined to recommend a compromize which Messs Maynard and
Dallas proposed viz that the unsold land should be divided between
the Crown and the Co even although the direction of the Sales were
given to the Crown—but we consented to recommend some slight
modifications of our proposal, so as to allow the Co to retain a
homestead which they have established in the unsold portion of the
land (but not to exceed 50 acres) and to set at rest titles to land
between high and low water mark which has been sold to individuals.

11. Messrs Maynard & Dallas left us with the intention of submitting the above terms to the Governor and Directors of the Co
and we have since received from Mr Dallas the enclosed document
embodying them. We have the honor to submit this document to the
consideration of the Duke of Newcastle. Whether the Co will be
willing to accept the proposed terms we are unable to foretell. Both
Mr Maynard and Mr Dallas described them as very severe, but we have
reason to hope that they will recommend them to the acceptance of the
Co. If the Co should be willing to accept them we have no
hesitation in recommending that H.M. Government should close with the
arrangement. We do not think that the public are likely to obtain,
or have a right to demand, any greater sacrifice on the part of the
Co and if more is sought it would be necessary to have recourse to
litigation before the Judicial Committee of the Privy Council—which
must necessarily be slow, expensive, and of doubtful issue—and which
by keeping the public mind in suspense would certainly retard the
progress of the Colony.



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No. 80

I have the honor to report to you that I have granted nine
months leave of absence, to proceed to England upon medical
Certificate, to Mr Philip Henry Nind Stipendiary Magistrate
and Assistant Gold Commissioner for the district of Cariboo.

2. I regret to be deprived of the valuable services of
Mr Nind at this time, when so large an immigration is
anticipated to the District where he is known and respected,
and over which he has presided with admirable judgment and
discretion, but as the Medical Certificate states that to
ensure his complete recovery from an attack of paralysis of
the right side of the face, it is necessary he should proceed
to England, I do not hesitate to grant him this short leave
of absence, in the hope that change of scene and relief from
harassing duties, may in themselves perhaps be sufficient to
restore him to health.

3. The Certificate according to Appendix No 1 of the
Book of Colonial Regulations shall be transmitted by next Mail.



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FILE: 1861-12-30_Newcastle_to_Douglas_B617096.txt
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No. 96

I have the honor to acknowledge the receipt of your despatches No.
27 and 54 of the
23rd of April and 4th of September last, enclosing
transcripts of the Proclamations entitled as in the annexed schedule.

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



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FILE: 1861-12-30_Newcastle_to_Douglas_V617081.txt
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No. 81

I have to acquaint you that an application has been received from
the United States Minister at this Court, applying for the issue of an
Exequatur to Mr. Allen Francis of Illinois as United States Consul at Victoria, Vancouver Island.

As I am not informed whether this Gentleman is resident in the
Colony under your Government I have to instruct you to ascertain if
this be the case, and if he is, to report to me whether or not you are
aware of any objection to his appointment, and if you are not aware of
any such objection, you will recognize him provisionally in that
capacity until the arrival of the Exequatur.



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FILE: 1861-12-31_Douglas_to_Newcastle_B61081.txt
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No. 81

I have the honor to forward herewith to Your Grace the
Annual Blue Book for the Colony of British Columbia for the
year 1860, prepared in as complete a form as the present state
of the Colony will admit.

2. I regret that the transmission of this Book should have
been delayed so long after the period prescribed, but I trust
that the circumstance of this Book being the first compiled,
and the difficulty of obtaining the requisite information from
the different Officers, who for the most part had no previous
acquaintance with the nature of the Return, may be admitted
both to excuse the delay and to account for any imperfections
which may be found to exist.

3. I believe it would be superfluous for me upon this
occasion to enter into any detailed account of the progress,
settlement, or comparative condition of the Colony, for I have
heretofore from time to time in my various dispatches kept Her
Majesty's Government fully informed upon all those matters, and
those despatches have already been laid before both Houses of
Parliament by Command of Her Majesty.



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FILE: 1861-12-31_Douglas_to_Newcastle_B61082.txt
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No. 82

With reference to my Despatch of the 29th Instant, No
80, reporting having granted leave of absence on Medical
Certificate to Mr P.H. Nind, Assistant Gold Commissioner and
Stipendiary Magistrate, I have now the honor to forward herewith
the Certificate required by the Colonial Regulations, according
to the Form given in Appendix No 1.



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FILE: 1861-12-31_Douglas_to_Newcastle_B61083.txt
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No. 83

I have the honor to transmit herewith the Returns required
by the Book of Colonial Regulations according to the forms
prescribed in the Appendix page 159.



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No. 84

I have had before me, and have consulted the Lords Commissioners
of the Admiralty on the subject of your despatch No. 63 of the 17th of
August forwarding an application for the grant of a rate of Colonial
pay to the Gunboats "Grappler" and "Forward" during the time they shall
continue employed on the Coasts of Vancouver Island and British Columbia.

I am very sensible of the value of the services of these Gunboats
to the Colonies under your Government, and I should have been happy, if
it had been in my power consistently with general principles, to accede to the application which you have transmitted in their favour.

The Revenues however of Vancouver Island and British Columbia are
not at present in a condition, as you have justly remarked, to furnish
a colonial pay to the Officers and Crews of these Vessels, even if the
measure were approved.

In the next place I am sorry to say that it is open to serious
objections of principle. When Gold was first found in Australia and an
enormous rise of prices took place under the excitement of such a
discovery, extra allowances were granted to the forces there. But
affairs have since found their level in that part of the world, and the
Australian Colonies are no longer by any means the most expensive in
the Empire. At the same time the inconveniences attending extra rates
of pay have been found so great, and to give rise to such invidious
distinctions between the Queens forces employed at different Stations,
that measures are in progress for gradually reducing those special
rates of pay so far as regards the troops. And if they are anomalous
as concerns the forces serving ashore, they must be still more so in
respect of forces serving afloat, which by their very nature are
constantly liable to be moved from place to place, and which also carry
about with them in their own Vessels their principal Articles of
Consumption. Adverting to these considerations, it would be impossible
to place on the Naval Estimates an exceptional rate of pay for the
Crews of Vessels employed at particular places, and I can only express
my regret that there are no means of granting with propriety the
advantages which are sought for the Officers and Crews of the present
Gunboats, of which as I have already said I fully appreciate the useful
services.



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FILE: 1861-12-31_Newcastle_to_Douglas_V617083.txt
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No. 83

I have the honor to acquaint you that Lieut. Colonel Foster, Commanding the Vancouver Volunteers has addressed to me a letter on the subject of the mode of appointing the Officers of the Corps. Colonel Foster suggests that they should be appointed permanently and subject to the same rules as in England instead of as in the United States being liable to annual election, and he also requests that the names of the Officers may be inserted in the London Gazette.

The Secretary of State for War to whom I referred Colonel Foster's
letter has expressed his opinion that it would not be expedient to
adopt the suggestion of inserting the names of Officers belonging the
Colonial Militia or Volunteer Corps in the London Gazette, the
appointments being doubtless duly notified in the Local Gazette. With
regard to Colonel Foster's suggestion that the appointments should have permanent effect and be subject to the rules and regulations
promulgated for the guidance of the Volunteer Corps in this Country,
Secretary Sir G.C. Lewis conceives that it must rest with the local
authorities to decide how far those rules can properly be adopted in
the several Colonies.

I have caused this decision to be communicated to Col. Foster in
answer to his letter.



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FILE: 1861_Admiralty_to_Colonial_Office_V615AD02.txt
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Admiralty to Colonial Office



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FILE: 1861_Ffennell_to_Colonial_Office_B616F01.txt
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Ffennell to Colonial Office

It is suggested that the Salmon Fisheries should be placed
under Supervision as well as the land to give security to private
enterprise, and to prevent Confusion of rights and waste, and that
an area of water producing Salmon is likely as Civilization
progresses, and Commerce extends, to become more valuable by one
hundred fold and more, than the same area of land.

That the first step towards promoting the objects referred to,
should be the employment of a person of practical knowledge to
review the rivers to an extent sufficient to enable him to report
upon their capabilities, and to point out the steps which should be
taken to prevent abuses before thay have set in, and to suggest the
modes by which a system of healthy enterprise may be promoted in
the Colony.

By adopting this course many persons from this Country might
soon be induced to embark in the Salmon Fishery of British Columbia, by receiving information which they would rely upon, if
Communicated on the authority of a person of practical knowledge
while at present they can only obtain fragments of information
derived from persons in the Colony whose attention has been
attracted to the question by the immense quantity of fish which
they see exist, and which a few have Communicated, but are unable
to offer any opinion upon the practicality of embarking in such an
enterprise. The quantity of Salmon which at present exist in
British Columbia, and the extent of rivers producing them is so far
beyond any thing which the waters of Great Britain and Ireland ever
produced or could produce that no idea can be formed at present of
their relative value.

The Salmon Fisheries of that Colony appear to be one of the
resources of the Country which might be most readily brought into
Commercial Development if measures were taken to promote it.

Those fisheries are in their present state, natural, and
unimpaired, but as population increases abuses are certain to
follow, as in Canada for instance, where the Government are now
obliged to take up the question and appoint officers to check the
evil—whereas if timely measures be taken to prevent encroachments,
and destruction, much ultimate loss to the Country may be prevented.

The Government now possess those Fisheries—no real or assumed
vested rights by individuals have been established, and it is
suggested that now is the proper time to place them under the
protection of the state, and that they may be soon profitably
disposed of under judicious regulations to enterprising
individuals, and thus bring a large revenue into the Country,
affording increased capital for further and more general operations
of industry.

