I beg to enclose a copy of a letter I addressed to
J.S. Helmcken
Esq, Medical officer of the
Hudsons Bay Company at
Fort Rupert,
appointing him to act as magistrate provisionally; this is the only
appointment I have
Ans 20 Nov/50 N 6
Copy to Hudsons Bay Compy 6 20 Nov
yet made in the colony, for as there are no
independent settlers, all cases that can occur requiring magisterial
interference are disputes between the representatives of the Hudson's
Bay company and their servants, to appoint the former, magistrates would
be to make them judges in their own causes, and to arm them with
additional power which few of them would exert discreetly.
M Helmcken has only recently arrived in the colony, from England he is
therefore a stranger to the petty brawls that have occurred and the
ill feelings they have occasioned between the
Hudsons Bay Company and their
servants, from this and from my knowledge of his character I have great
confidence in his impartiality his situation too as surgeon renders him
more free from the influence which might be exercised over another
servant of that Company.
It is moreover highly desirable that there should be a resident
magistrate at
Fort Rupert as the miners and labourers there have shewn a disposition to riot which if not checked
may lead to serious
consequences. The Indian population being numerous savage and
treacherous, and the distance from
Victoria and total want of means of communication between the two places, increases the inconvenience.
I would strongly recommend a duty to be imposed on the importation
and manufacture of ardent spirits as their introduction tends to
demoralize the Indians to a most dangerous degree, but I conceive I have
not the power to impose such duty, free trade having been declared here,
without further instructions which I would request on this point at your
Lordships earliest convenience.
I may here mention that the accounts which have been published in
respecting the barbarous treatment of the Indian population by the
Hudsons bay company, are, both from my own personal observation and from
all I have been able to gather on the subject entirely without
foundation. They are always treated with the greatest consideration,
far greater than the white labourers and in many instances are allowed
liberties and impunities in the Hudson's bay company's establishments
that I regard as extremely unsafe. No liquor is given them by the
Company on any pretense but it is impossible to prevent their obtaining
it from the merchant vessels that visit the coast.
Minutes by CO staff
M Merivale
I presume there is no alternative
[…] except the appointment of this
gentleman to the Magistracy, if the Office is really necessary: but the
objection to appointing the Servants of the
H.B. Company holds good
against this selection as much as it
w in any other case.
I imagine that it will not be thought proper to check the
introduction &c of spirits by prohibitory duties: but whenever a
Legislature is organized penalties might be legally imposed on persons
supplying the Indians with spirits.
M Hawes
I should certainly recommend confirming this appointment as the best
which could be made under the circumstances? A Surgeon is likely to be
more independent of the Company's influence than any less necessary
officer.
2. I do not suppose the Gov has strictly speaking any power to
impose such a duty (if it were desirable) without until he can get together a
Legislature.
3. Shall this desp. be communicated to the Company? I know no
reason against it in the present instance, but
M Blanshard evidently
writes as if he did not expect his Despatches to be under such
supervision, & it is no doubt desirable he should do so. I believe
however it will be best to communicate whenever no objection to doing so
occurs?
Yes — With regard to duties they are clearly desirable when the
necessary authority for their imposit can be obtained —