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
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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
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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
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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
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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
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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
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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.