In my confidential dispatch of the 1st of this month I informed you
that in the opinion of Her Majestys Government the moment had not
arrived for considering the establishment of a separate government in
the British Territories North of British Columbia, but that I should
address you again respecting the mode of providing for the temporary
administration of justice in those Territories.
I
I enclose an Order in Council which has been passed for that
purpose, with copies of the Acts of Parliament on which, as you will see
by the recitals, that Order in Council is founded.
The order provides that the Territories in which you anticipate the
discovery of gold in large quantities shall constitute the "Stikin" or
"Stickeen Territories", that the government of these Territories shall
be administered by the Governor for the time being of British Columbia
with power to appoint and suspend judges and justices of the Peace, to
pardon offenders and to exercise other functions of government,especially
especially that of making regulations for the disposal of land and
occupation of the gold fields, in respect of which he will be able to
levy a revenue by way of fees.
The Supreme Court of British Columbia will take cognizance of all
suits, actions and prosecutions in respect of matters arising within the
Stikin territories; trying all such cases by the Law of England so far as the Law is applicable to the
circumstances of the country. Cases of
Minor importance, however, may be tried by Justices of the Peace, whose
proceedings are to be regulated by general rules laid down by the
Supreme Court of British Columbia.
I
I anticipate that these powers, the extent of which you will learn
more precisely from an examination of the Order in Council, will enable
you to deal satisfactorily with any amount of population by which these
territories at present are likely to be occupied. If this should not be
the case, you will of course report to me any difficulties in which you
may find yourself involved and I shall be glad to receive, with your
report, such suggestions as may occur to you respecting the most
effectual mode of dealing with those difficulties.
I have the honor to be
Sir
Your obedient Servant Newcastle
Documents enclosed with the main document (not transcribed)
Copy of an Order in Council regarding the colonial administration of the Stikine Territory, 19 July 1862, signed by Arthur Helps.
1
Footnotes
The enclosure to which Newcastle refers does not appear in the RG7 G8C/10 collection; however, we presume it is this
document, which does appear as a letterbook copy in the CO 398/2 collection.