2 Perhaps you will ans
Sir J. Pakington's question
in
4097
touching the legality of seizing American Vessels. The Letter to the
Admiralty was duly sent. This is the ans to it.
3 With regard to the civil measures proper to be taken for
the protection of private persons at
Queen Charlotte Island would it not
be the most simple course (since you think Canada will be indifferent on
the subject) to instruct the Governor of
VanCouver's Island to give the
Officer Commanding
the Queen's Ship a Commission of the Peace to decide
complaints brought before him
and preserve order. And the Governor
might accompany it with some instructions which, being so near the scene
of action, he is perhaps more calculated to give than the
Gov at
home.
3. The Governor of
Vancouver's Island cannot grant Commissions of
the Peace in
Q. Charlotte's Island. It is out of his Commission. The
Crown can grant such commissions under 1 & 2 Geo. 4. c. 66. sec. 10.
notwithstanding the concurrent power which is vested in the Governor
Gen. The difficulty is, to know to whom they should be granted as
we cannot foresee what officers
Adm Moresby will detach there. I
think
Sir J. Pelly might be consulted on this point. for I am not sure
whether the existing commissions do not run through the "Indian
territories" generally. and whether
M Douglas the Governor of
Vanc Is. has not such a Commission already. I have written a line privately
to
Sir J. to ask this.
Answered by
Sir J. Pelly that he is aware of no such commissions.
I think it might also be advisable to give
Gov Douglas a
separate
Commission as Lieut Gov. of
Q. Charlottes Island, of the same
form with that which
M Enderby holds in the Aucklands, &
Capt.
Moody formerly held in the Falklands. I annex the former for reference.
I believe these Commissions give no very definite legal powers. But
they give a character, which is perhaps nearly as valuable. It must be
remembered that
M Douglas is a servant of the H.B.Co. and there will
be great jealousy of these or any other powers confided to him. But I
believe this will be a better alternative than sending out a L
Gov on purpose.
H.B.C. to be informed of the steps now taken?