Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Despatch to London
Douglas, James to Pelham-Clinton, Henry Pelham Fiennes 17 November 1862, CO 60:13, no. 437, 522.
Abstract
Despatch to London.
Minutes (4).
Douglas writes Newcastle arguing that the authority conveyed to him to govern the
Stikine is not sufficient and that he requires increased and expanded powers to administer
the territory.
The Colonial Office minutes that the long term solution to the problem of governing the
Stikine is its annexation by British Columbia.
No. 1, Stekin Territories
17 November 1862
I have the honour to acknowledge Your Grace's Despatch No
134 of the 26th July last, enclosing an Order in Council providing for the Government and temporary administrationof
of
Justice in those parts of Her Majesty's Dominions which are
declared and set forth by that Instrument as constituting the
Stekin Territories, with Copies of the Acts of Parliament on
which the Order in Council is founded.
of
Justice in those parts of Her Majesty's Dominions which are
declared and set forth by that Instrument as constituting the
Stekin Territories, with Copies of the Acts of Parliament on
which the Order in Council is founded.
2. Your Grace anticipates that the powers conveyed by the
Order in Council will enable me to deal satisfactorily with
any amount of population by which these Territories are at
present likely to be occupied, and if that should not be the
case, Your Grace requestsme
me to report any difficulties in which I may find myself involved, and to offer any
suggestions
that may occur to me respecting the most effectual and practicable
mode of dealing with those difficulties.
me to report any difficulties in which I may find myself involved, and to offer any
suggestions
that may occur to me respecting the most effectual and practicable
mode of dealing with those difficulties.
3. In obedience to those instructions, I beg to submit that
the Order in Council restricts my power of legislation to two
areas, namely: the disposal of Lands, and the occupation of the
Gold-fields; and to Fees as the sole source of Revenue.
4. It is almost certainthat
that Fees, which must of necessity
be levied directly on Miners and other occupants of the Gold-fields,
and which, from their nature, are especially odious and difficult
to collect, will not yield a sufficient revenue to meet the
ordinary and necessary expences of Government, for a great part
of which I should therefore be compelled to draw on the funds of
the Imperial Government.
that Fees, which must of necessity
be levied directly on Miners and other occupants of the Gold-fields,
and which, from their nature, are especially odious and difficult
to collect, will not yield a sufficient revenue to meet the
ordinary and necessary expences of Government, for a great part
of which I should therefore be compelled to draw on the funds of
the Imperial Government.
5. This latter course being inconsistent with the avowed
Colonial policy of Her Majesty's Government, Iwould
would take the
liberty of suggesting that Customs Regulations and Rates of Duty
on Imports should be established for the Stekin Territories,
as the readiest means of procuring a revenue equal to the cost
of the civil expenditure.
would take the
liberty of suggesting that Customs Regulations and Rates of Duty
on Imports should be established for the Stekin Territories,
as the readiest means of procuring a revenue equal to the cost
of the civil expenditure.
6. Should that resource prove insufficient, other taxes
might be imposed, of such a nature, however, as would fall
primarily on the Capitalist and Merchant, and not directly on
the Miner, who under no circumstancesis
is a cheerful contributor
to the public revenue, and not infrequently is, from absolute
poverty, utterly incapable of meeting the smallest payment.
is a cheerful contributor
to the public revenue, and not infrequently is, from absolute
poverty, utterly incapable of meeting the smallest payment.
7. Should these suggestions meet with the approval and
sanction of Her Majesty's Government, it will be necessary to
enlarge the powers conferred by the Order in Council, and
distinctly to authorize me to impose and levy Customs Duties
and all other taxes that may be found proper and expedientas
as
means of revenue.
as
means of revenue.
8. I would also beg to suggest as a measure that would
materially simplify and lighten the duties devolving on me,
that the Laws now in force in British Columbia should be extended,
as far as they are applicable, to the Stekin Territories; and
finally in case of my being compelled by a stern necessity to
proceed without legal sanction, that Her Majesty's Government
may send a confirmation of all my public acts, orauthorize
authorize
the issue of a Proclamation indemnifying me and my Officers for
Acts done before the establishment of any legitimate authority
in the Stekin Territories.
authorize
the issue of a Proclamation indemnifying me and my Officers for
Acts done before the establishment of any legitimate authority
in the Stekin Territories.
In other respects the Order in Council will, I conceive,
meet the objects proposed.
Minutes by CO staff
Mr Fortescue
The Order in Council provides 1. for the extension of the Law of England to the Stekin Territories, 2. for the Trial of Offences committed therein, 3. for the establishment of Gold-field regulations by authy of the Govr, 4. for the imposition of fees upon miners, and fines on persons breaking the regulations.
The Order in Council provides 1. for the extension of the Law of England to the Stekin Territories, 2. for the Trial of Offences committed therein, 3. for the establishment of Gold-field regulations by authy of the Govr, 4. for the imposition of fees upon miners, and fines on persons breaking the regulations.
Gov. Douglas requires 1. authority to impose import duties,
2. the extension of the Law of B. Columbia to Stikeen, 3. indemnity
to himself & his Officers for anything he may do under pressure
of a stern necessity.
1. The first of these involves the creation of a Customs
Establishment—to be paid of course in the first instance from
Imperial Funds.
2. The second is a very rough kind of suggestion & may
be good. But I doubt whether
the Crown could enact prospectively
that all laws passed by the B. Columbia Legre (i.e. by Mr
Douglas) shd be in force in the Stikeen, and whether it wd
do any good merely to extend to Stikeen the existing Law.
the Crown could enact prospectively
that all laws passed by the B. Columbia Legre (i.e. by Mr
Douglas) shd be in force in the Stikeen, and whether it wd
do any good merely to extend to Stikeen the existing Law.
3. The third is out of the question. No Officer shd be
indemnified for illegal acts in advance. If he is to resort
to arbitrary power, he should do so under the apprehension that
if he outsteps the necessity he will be left to take the consequences.
On the whole therefore, as the whole B. Columbian question
is under consideration, I should be inclined to make no present
change, but to settle the whole together.
It is very possible that the true exit from the difficulty
is by annexing the Stekeen to B. Columbia by Act of Parlt.
Duke of Newcastle
I have little doubt that the whole Territory W. of the Rocky Mts. ought to be annexed to B. Columbia.
I have little doubt that the whole Territory W. of the Rocky Mts. ought to be annexed to B. Columbia.
CF
2 Feb
I am inclined to think so, but I will consider it further when I
prepare a Minute for the future Govr of B. Columbia.
N
4