 
                  
                  
                     Lord Desart
                     Acknowledge with thanks? but I cannot say there seems to me to be much
                     in this gentleman's memorandum. It is made up chiefly of observations
                     suggested by the map, by 
Sir G. Simpson's travels, & some older books,
                     and a very little heresay from H B Co's servants & others. What we want
                     to know is the actual condition of 
Q Ch. Island—its capabilities—its
                     native population—the prospects of intercourse between it, 
San
                        Fransisco, & the 
Sandwich Islands—of all which there is nothing
                     whatever here. The writer has evidently no personal knowledge.
                     
 
                  
                  
                  
                     It seems to me that although

 the 
Admiralty may send a ship of War,
                     & prevent anything like "annexation" of the island by the Americans
                     easily enough, it will be necessary to give some farther & more distinct
                     instructions, how the wandering miners who may arrive there are to be
                     dealt with.
                     
                     I assume that Gov would not exclude foreigners, as some seem
                     to recommend. I do not know that they have legally the power.
                     
                  
                  
                  
                     Leaving this out of the question two courses are open:
                     
                  
                  
                  
                     1. To form an establishment on the island, treat the land as Crown

                     Land, exact the payment for licenses from miners, & constitute some kind
                     of force for public protection.
                     
                     This cannot be done, 1. without some expense—it is idle to
                     suppose, as many do, that such establishments can be made
                     self-supporting, unless there were some very extraordinary mining
                     results. 2. without incurring the perpetual difficulty of guarding a
                     settlement against natives reported to be numerous & warlike. 3.
                     without forming a new colony, with all the adjuncts of representative
                     Government, &c. For it is a recognised principle in colonial law that
                     
the Queen cannot (without parliamentary authority) impose a tax, or make
                     a law, or

 allow others to make one, in colonies founded by Englishmen.
                     
                     2. The other course would be, to direct the Adm to maintain as
                     I have said British supremacy, and to lend his assistance if absolutely
                     required to keep the peace among the miners, but not to interfere with
                     them in any other way. If in the course of time the wish for something
                     like settled Government should manifest itself, the immigrants might
                     then be encouraged to constitute one, paying its own expenses. This
                     latter

 Scheme would certainly be facilitated if commissions of the peace
                     could be issued to one or two individuals, but the difficulty is, to
                     know to whom. I fear commissions in blank are not legal. I would
                     strongly recommend you to talk this matter over privately with any
                     member of the 
Admiralty who would charge himself with it.
                     
                     As to the H.B.C. whose position the writer does not correctly
                     represent, their case stands thus. They have rights both of territory &
                     government over an immense

 tract of N.E. America. These rights have
                     been very much attacked of late years; that they are vexatious &
                     monopolistic is easily shewn. that any other body, except such a
                     Company, could make any use of those vast but desolate regions, and,
                     above all, could manage 
the Indians on any terms of humanity & good
                     order, is not so easily shewn. But however this may be, they have their
                     rights by charter—the law advisers of the late Government declared them
                     valid—it is open to any one to attack them at law, or to move
                     Parliament to control them, but the Crown

 has no power in the matter.
                     
                     But these rights extend only as far W. as the Rocky Mountains. The
                        N. West Coast, & islands (except Vancouver) are under no Government at
                        all. The Company have an exclusive right to trade with the Indians
                        there, but nothing more. That right expires in 
1859, but if the Crown
                     makes a "colony" in any part of this region, the Crown can (not
                     
must) revoke the license so far as that colony is concerned.