Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Despatch from London
Pakington, John Somerset to Douglas, James 18 March 1852, LAC RG7:G8C/1, 62.
Abstract
Despatch from London.
This document contains mentions of Indigenous Peoples. The authors of these documents
often perpetuate a negative perspective of Indigenous Peoples and it is important
to look critically at these mentions. They sometimes use terminology that is now considered
hurtful and offensive. To learn more about modern terminology pertaining to Indigenous
Peoples, Indigenous ways of knowing, and decolonization, please refer to the Glossary of terms.
Pakington responds to Douglas’ previous letter on the question of whether aboriginal testimony can be accepted
in an English court of law. Pakington also acknowledges Douglas’ request for a military vessel to be stationed at Haida Gwaii.
No. 2
Downing Street
18 March 1852
Sir
I have to acknowledge the receipt of your Despatch of the 16th
December last, in which you represent the difficulty you have
experienced in the Settlement of disputes between the Colonists and the
Indians, and request instructions how far the testimony of Indians is to
be admitted as evidence in the Law Courts of the Colony.
With
With respect to the admission of Indian testimony, my belief is
that it is for the general advantage of Justice that all such evidence
should be received, leaving it to the tribunals to consider how much
value it may really possess. I do not think a distinction between cases
in which Colonists are concerned, and those in which natives only are
concerned, on principle advisable. Indian testimony may not unfrequently
be the onlymeans
means of ascertaining the truth, if circumstances should ever
bring the two races into nearer relations than exist at present. Nor is
there any principle of English Law against its admission. The evidence
of all persons is receivable in our Courts if they have any mode of
solemnly declaring the truth which is held binding among themselves, and
any perception of principles of moral right and wrong.
I
means of ascertaining the truth, if circumstances should ever
bring the two races into nearer relations than exist at present. Nor is
there any principle of English Law against its admission. The evidence
of all persons is receivable in our Courts if they have any mode of
solemnly declaring the truth which is held binding among themselves, and
any perception of principles of moral right and wrong.
I have directed the attention of the Lords Commissioners of the
Admiralty to the necessity which appears to exist for stationing a
Vessel of War off Queen Charlotte's Island, and I have brought the
conduct of the Officers of the United States Customs in detaining the
Vessels of the Company under the notice of the Secretary of State for
Foreign Affairs.