Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Despatch to London
Birch, Arthur Nonus to Carnarvon, Earl 8 October 1866, CO 60:25, no. 12130, 125.
Abstract
Birch, Arthur Nonus to Carnarvon, Earl 8 October 1866, CO 60:25, no. 12130, 125.
Despatch to London.
Minutes (9), Enclosures (untranscribed) (1), Other documents (1), Marginalia (4).
No. 63
8th October 1866
My Lord,
I have the honor to acknowledge the receipt of Your
despatch No. 3 of the 30th July, forwarding a letter from
the Governor of the Hudson Bay Company, together with an extractof a
of a letter from Mr R. Finlayson representing that the Hudson
Bay Company are subjected to the payment of Customs Duties on
importations into this Colony which are not exacted with equal
strictness from other traders.
of a letter from Mr R. Finlayson representing that the Hudson
Bay Company are subjected to the payment of Customs Duties on
importations into this Colony which are not exacted with equal
strictness from other traders.
2. In reply to this Statement I have the honor to enclose
a copy of a Report from the Collector of Customs.
3. It is difficult to furnish any explanation of such astrange
strange misstatement of facts, as that contained in the extract
from Mr Finlayson's letter which accompanies Your despatch.
strange misstatement of facts, as that contained in the extract
from Mr Finlayson's letter which accompanies Your despatch.
The Company's Agents maintain that their Statements are substantially
correct. See 12157 Page 11 of enclosure.
4. Mr Finlayson states that repeated representations have
been made to me on the subject, and even informs the Hudson Bay
Company, through their Secretary, of the reply I have given to
these representations.
5. If the first portion of Mr Finlayson's statement is
correct, the postal service betweenVancouver
Vancouver Island and this
Colony must be very defective. During the fourteen months I
have administered the Government of this Colony I have never
received a representation from the Employees of the Hudson Bay
Company on this subject, it is needless to add that I have never
had occasion to reply in the terms stated in Mr Finlayson's letter.
Vancouver Island and this
Colony must be very defective. During the fourteen months I
have administered the Government of this Colony I have never
received a representation from the Employees of the Hudson Bay
Company on this subject, it is needless to add that I have never
had occasion to reply in the terms stated in Mr Finlayson's letter.
6. Mr Finlayson cannotbut
but be aware of the very stringent
Laws lately passed by the Legislature of this Colony with a view
to suppress the sale of intoxicating liquor to the native tribes,
and of the desire of this Government to do everything in its power
to destroy a trade which is so demoralizing to all engaged in it.
but be aware of the very stringent
Laws lately passed by the Legislature of this Colony with a view
to suppress the sale of intoxicating liquor to the native tribes,
and of the desire of this Government to do everything in its power
to destroy a trade which is so demoralizing to all engaged in it.
7. The Ordinances noted in the Margin
haveworked
worked most successfully throughout the interior of this Colony and
it is only on the Coast that the sale of liquor to Indians continues to
any extent—and even there I am led to believe from the reports
received from the Customs Agent that the consumption of Spirits
is much reduced.
No. 2 1865—Native Evidence.
No. 16 1865—Prohibiting sale or gift of liquor to Indians.
No. 16 1865—Prohibiting sale or gift of liquor to Indians.
worked most successfully throughout the interior of this Colony and
it is only on the Coast that the sale of liquor to Indians continues to
any extent—and even there I am led to believe from the reports
received from the Customs Agent that the consumption of Spirits
is much reduced.
8. In October 1865, Mr Duncan, of the Methlakatla Mission
informed methat
that two Vessels were employed in selling liquor to
Indians on the Coast of this Colony. I immediately applied to
Admiral Denman for a Ship of War. A vessel was placed at my
disposal without hesitation, and within six weeks both vessels
had been captured. I have received no representation from any
source since that date.
that two Vessels were employed in selling liquor to
Indians on the Coast of this Colony. I immediately applied to
Admiral Denman for a Ship of War. A vessel was placed at my
disposal without hesitation, and within six weeks both vessels
had been captured. I have received no representation from any
source since that date.
9. There can be no doubtthat
that a large quantity of liquor
is taken from Victoria in canoes up the Coasts of Vancouver Island and British Columbia. A glance at the map of the Coast
line, will show the almost impossibility of preventing this
while the laws of Vancouver Island allow with impunity the sale
and exportation, in any kind of craft, of any quantity of spirits
& alcohol.
that a large quantity of liquor
is taken from Victoria in canoes up the Coasts of Vancouver Island and British Columbia. A glance at the map of the Coast
line, will show the almost impossibility of preventing this
while the laws of Vancouver Island allow with impunity the sale
and exportation, in any kind of craft, of any quantity of spirits
& alcohol.
10. Had the Laws of theseColonies
Colonies on the questions connected
with the Native Races been assimilated, the Indian liquor trade
would long ere this have been destroyed.
Colonies on the questions connected
with the Native Races been assimilated, the Indian liquor trade
would long ere this have been destroyed.
11. It is somewhat remarkable that the representatives of
the Hudson Bay Company in Vancouver Island strongly opposed the
Bill brought in by the Government of that Colony, on the model of
the one now in force in British Columbia, and Mr Finlaysonas
as
a Member of the Legislative Council, went so far as to propose
the introduction of a Bill, legalizing the sale of liquor to Indians.
as
a Member of the Legislative Council, went so far as to propose
the introduction of a Bill, legalizing the sale of liquor to Indians.
12. While the Laws of Vancouver Island have encouraged this
vile traffic, and a large number of the "Merchants" have lived
on the proceeds of this lucrative trade, it has been very difficult
to carry out on the sea-coast the laws existing in BritishColumbia
Columbia
for the prevention of the sale of intoxicating liquor to Indians;
more especially since the receipt of Mr Secretary Cardwell's
despatch No. 50 of July 1865, informing me that the Law Officers
of the Crown were of opinion that all the Islands, adjacent to
the West Coast of North America, south of the 52nd degree of
North Latitude, belong to the Colony of Vancouver Island. After
this decisionwas
was received the Customs Officer stationed on the
Northern Coast, could no longer overhaul canoes and small vessels
coasting along the Vancouver Island shores, and thus a large
amount of liquor has been sold with impunity, and some has
doubtless found its way in small quantities to the Indian Tribes
on the mainland. It is difficult to make the Indians understand
the justice of allowing the tribes on Vancouver Islandto
to hold
their drunken orgies without interference, while the Indians resident
on the mainland are punished if liquor is found in their Camps.
Columbia
for the prevention of the sale of intoxicating liquor to Indians;
more especially since the receipt of Mr Secretary Cardwell's
despatch No. 50 of July 1865, informing me that the Law Officers
of the Crown were of opinion that all the Islands, adjacent to
the West Coast of North America, south of the 52nd degree of
North Latitude, belong to the Colony of Vancouver Island. After
this decisionwas
was received the Customs Officer stationed on the
Northern Coast, could no longer overhaul canoes and small vessels
coasting along the Vancouver Island shores, and thus a large
amount of liquor has been sold with impunity, and some has
doubtless found its way in small quantities to the Indian Tribes
on the mainland. It is difficult to make the Indians understand
the justice of allowing the tribes on Vancouver Islandto
to hold
their drunken orgies without interference, while the Indians resident
on the mainland are punished if liquor is found in their Camps.
13. I have on several occasions in interviews with Dr Tolmie
and Captain Lewis proposed a somewhat unusual course, but one
which I considered the present anomalous state of affairs justified,
namely, that the Captain and Officers of the Hudson Bay Company'sSteamer
Steamer engaged in the North West Coast Trade, should be allowed
to receive, from the Government, an authority to act in the
prevention of smuggling and the sale of intoxicating liquor to
Indians, but the reply has invariably been that such an authority
might interfere with the Company's trade. Had the representatives
of the Company in these Colonies acceded to this suggestion, the
North West trade would have been virtually secured to theHudson
Hudson
Bay Company, and the illegal traffic referred to, destroyed.
Indians will freely give information to trading vessels as to
the sale and amount of liquor in their possession, while, during
the presence of one of Her Majesty's Ships on the Coast they are
generally invisible, having a great dread of a Man of War.
Steamer engaged in the North West Coast Trade, should be allowed
to receive, from the Government, an authority to act in the
prevention of smuggling and the sale of intoxicating liquor to
Indians, but the reply has invariably been that such an authority
might interfere with the Company's trade. Had the representatives
of the Company in these Colonies acceded to this suggestion, the
North West trade would have been virtually secured to theHudson
Hudson
Bay Company, and the illegal traffic referred to, destroyed.
Indians will freely give information to trading vessels as to
the sale and amount of liquor in their possession, while, during
the presence of one of Her Majesty's Ships on the Coast they are
generally invisible, having a great dread of a Man of War.
14. With the immediate Union of these Colonies in view, and
the consequent extension of theBritish
British Columbian Ordinances to
the Island of Vancouver, I apprehend no difficulty in dealing
with this important question.
British Columbian Ordinances to
the Island of Vancouver, I apprehend no difficulty in dealing
with this important question.
Will this take place as a matter of course—and
pro facto?
[VJ]
15. If the Hudson Bay Company find their Fur trade on the
North West Coast on the decline the cause may be traced, not
to the action of the Government, but rather to the conduct of
their own servants, who have invariably opposed the Government
of Vancouver Island in passing proper and humane laws for theprotection
protection of the native tribes, and are unwilling to render
the Government of this Colony, the slightest assistance in
carrying out laws for the suppression of an illegal and demoralizing
traffic, which by their own action they have assisted to create.
protection of the native tribes, and are unwilling to render
the Government of this Colony, the slightest assistance in
carrying out laws for the suppression of an illegal and demoralizing
traffic, which by their own action they have assisted to create.
Minutes by CO staff
Mr Elliot
See 12157 from the Company received today. It appears that Mr Birch called upon the Agent of the H.B. Company for an explanation of the Statement sent here in July last (6900). The Agent replied on the 13 of Oct (see 12157 Page 10 to 33 of enclosure) but this Desp was written before the receipt of the reply. We shall no doubt receive a further report. If this despatch is sent to the Company they can only refer us to their Agent's letters to the Govr copies of which they now furnish.
See 12157 from the Company received today. It appears that Mr Birch called upon the Agent of the H.B. Company for an explanation of the Statement sent here in July last (6900). The Agent replied on the 13 of Oct (see 12157 Page 10 to 33 of enclosure) but this Desp was written before the receipt of the reply. We shall no doubt receive a further report. If this despatch is sent to the Company they can only refer us to their Agent's letters to the Govr copies of which they now furnish.
VJ
24 Dec
I think we may dismiss in silence any impatience
of what is termed the "complaint" of the Hudsons'
Bay
Company. The letters of their Servants in 12157 (herewith)
do not appear to me otherwise than temperate and to the
purpose. If they saw an injurious illicit trade in liquor,
they are right to denounce it to the Governor.
Bay
Company. The letters of their Servants in 12157 (herewith)
do not appear to me otherwise than temperate and to the
purpose. If they saw an injurious illicit trade in liquor,
they are right to denounce it to the Governor.
As to their declining to undertake the office of
detecting, seizing and punishing illicit traders—in fact
of Custom House Officers—it must be remembered that they
are no longer Rulers or a political body but only Commercial—and
I do not think there is good reason to complain of
Traders declining to accept the questionable business of
judging and punishing their rival Traders. Even the collateral
advantages to which this despatch alludes of the
Indians' giving
information to them more readily than to a
Man of War, would cease the moment that they were known to have
received the power and duties of a Man of War.
information to them more readily than to a
Man of War, would cease the moment that they were known to have
received the power and duties of a Man of War.
Dismissing then anything controversial, and turning to
substance, the important point seems to be that Mr Birch
tells us that there are efficient Laws against the illicit
trade in B. Columbia, but not in Vancouver. This should be
verified, & if the B. Columbia ordinances (which should be
referred to) appear good, the next step should be to
ascertain whether (as is indicated on page 15) they become
by the Union extended to Vancouver, and if not, to draw the
Governor's attention to the expediency of that measure unless there
be local objection not within the knowledge of the Secy of State.
(At page 7 will be seen an account of a vigorous
punishment of two illicit trading Vessels.)
TFE
26 Decr
Should we send a Copy of this, or of Enclr to H. Bay Company,
to whom it might give offence that is unnecessary; but I should
tell them in due time what is done on the substances of the question.
TFE
28/12
The question raised by Mr Elliot sd be looked into.
As regards the imposing of B. Columbian Laws upon V.C.I.
care is necessary. There is gt jealousy obviously
existing in the two Colonies of each other—and the operation
of a law wh is satisfactory to the B.C. community may turn
out very distasteful to the Colony of V.C.I.
This is merely a caution.
C
30 Dec
I am sufficiently acquainted with what has passed on this
subject to be able to say that the B.C. Ordinances for the
suppression of spirit selling to the Indians, aided of course
by the occasional help of Gun boats &c &c have worked fairly
well; & that whenever mischief has ensued on the Coasts of
B.C. it has been the consequence of V.C.I. and
or other trading
vessels smuggling the liquor up the Rivers & arms of
the Sea where the B.C. Officials, without boats, could not
follow. What Mr Birch says of the opposition of the Legislature
of V.C.I. is quite true. That Body not only refused to pass
Laws to put down the Liquor selling to the Indians but even
proposed to legalize it and the Agents of the H.B.Co took an
active part against the Govt.
or other trading
vessels smuggling the liquor up the Rivers & arms of
the Sea where the B.C. Officials, without boats, could not
follow. What Mr Birch says of the opposition of the Legislature
of V.C.I. is quite true. That Body not only refused to pass
Laws to put down the Liquor selling to the Indians but even
proposed to legalize it and the Agents of the H.B.Co took an
active part against the Govt.
As to the extension to V.C.I. of the B.C. Ordces that can only be accomplished by an express Law passed for the purpose.
By the 5th Sect. of the Union Act the Laws of the separate
Colonies are declared to continue except as to Revenue of
Customs. Wherefore Govr shd submit to his Legislative
Council a draft of a Law for the suppression of this traffic.
He will probably resort to the B.C. Ordces for a model.
I quite agree in Lord Carnarvon's obsern as to the caution
which shd be generally used in imposing B.C. Laws on V.C.I.
but in this case I think we need have little delicacy in the
matter the V.C.I. people having obstinately opposed the passing
of humane and necessary Laws, and attempted to legalize a
traffic fraught with so much evil. Fortunately one of Mr
Seymour's qualifications is that of tact, & I shd not be
at all apprehensive of his pressing too hardly upon the
inhabitants of V.C.I. who are not, perhaps, just now in very
good humor. I shd rather fear he wd not be coercive
enough, & for my own part, I shd be disposed, in earnestly
directing his attention to this subject, & to the expediency
of having a vigorous Law passed to arrest an evil of great
& admitted magnitude, remind him of the frequently expressed
wishes of H.M.G. to have measures passed which shall tend
to the protection & amelioration of the condition of the Queen's
Indian Subjects.
matter the V.C.I. people having obstinately opposed the passing
of humane and necessary Laws, and attempted to legalize a
traffic fraught with so much evil. Fortunately one of Mr
Seymour's qualifications is that of tact, & I shd not be
at all apprehensive of his pressing too hardly upon the
inhabitants of V.C.I. who are not, perhaps, just now in very
good humor. I shd rather fear he wd not be coercive
enough, & for my own part, I shd be disposed, in earnestly
directing his attention to this subject, & to the expediency
of having a vigorous Law passed to arrest an evil of great
& admitted magnitude, remind him of the frequently expressed
wishes of H.M.G. to have measures passed which shall tend
to the protection & amelioration of the condition of the Queen's
Indian Subjects.
ABd
7 Jany/67
Since writing this minute a despatch of Lord Carnarvons—d.
16 Nov 66—has been brought to me which tell[s] Govr Seymour
that one of his earliest duties is that of considering what
measures shd be adopted to check so grave an evil as
liquor selling to the Indians. This desph was written whilst
I was on leave.
The Desph from the Governor 10225 bears out all I have said.
ABd
7 Jany
I am much obliged to Mr Blackwood for his min.
C
12 Jany
Documents enclosed with the main document (not transcribed)
W. Hamley, Collector of Customs, 28 September 1866, reporting on
trade in the colony with reference to the Hudson's Bay Company's charge.
Other documents included in the file
Minutes by CO staff
On looking carefully again through this despatch and
the minutes, it has struck me that it may be thought fit to
send out some such despatch as the present to Governor
Seymour. I circulate with it the draft of a letter to be
sent in that case to the Hudson's Bay Company.
TFE
14 Feby