Despatch to London.
Minutes (6), Other documents (1), Marginalia (3).
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.
Douglas writes a lengthy despatch to Pakington that, initially, conveys Douglas’s great satisfaction that the Government approves of Douglas’s desire to obtain redress for the Una incident. Next, Douglas acknowledges, with trepidation, his appointment of Governor of Queen Charlotte’s Island. He then discusses, among other things, his want for legal instruction, the protection
of British Interests—in light of Foreign encroachment—and his concerns around gold licences.
The minutes propose a reading list appropriate to Douglas’s position and need, and then acknowledge the limits of his legal authority, noting
that the Queen cannot of her own authority constitute a legislature, (which would be the only way
of giving him any real power).
This file encloses a draft reply, from Newcastle to Douglas, that lists a number of legal- and governance-themed texts to be forwarded to Douglas with the next despatch.
1. I have the honor to acknowledge the receipt of your Despatch No
5 of the 27th September, 1852, with its enclosures as noted in the
Margin.
Commission as Lieutenant Governor of Queen Charlottes Island
dated 9th July 1852.
Copy of a letter from Lord Stanley2nd June 1852 with enclosures.
Two Parliamentary Papers relating to discoveries of Gold in
Australia February 1852, and June 1852.
2. It is with great satisfaction that I observe by that
communication that you approve of the measures which were taken, by this
Government, to obtain redress from the Cape Flattery Indians, for their
cruelty to the crew of the Hudson's BayCompany's
Company's Brigantine "Una," when
shipwrecked in Neah Bay, in December 1851.
3. I have received Her Majesty's Commission appointing me
Lieutenant Governor of Queen Charlottes Island with certain limited
executive powers, as therein described, and while I return thanks for
this high mark of confidence, which I shall endeavour to exercise for
the honor and advantage of the Crown, I cannot forbear expressing a
feeling of diffidence in my ability to discharge the duties of another
Office involving a serious amount of labour and responsibility, while I
have no assistance whatever in the administration of public affairs, and
while every function of Government, whether Military Judicial Executive
or Clerical must be performed by me alone; a range of duties too
extensive and dissimilar in their nature, for my unaided strength, to
attend to with satisfaction to myself or advantage to the public.
If any revenue is derived from the issue of licenses to search for gold
some assistance out of it might be given to the Governor for a
Secretary, or some one to Aid him in his "labors"—though what those
Labors can at present be in Q.C.Id. I am at a loss to know.
I will however most gladly do every thing in my power to meet the
views and wishes ofHer
Her Majestys Government trusting that you will
forward, from time to time, such instructions as may be necessary for my
guidance, and a selection of legal works, containing the Forms of
Process observed in the Vice Admiralty Courts, and developing the
principles on which their decisions are founded.
4. I also observe with much satisfaction that Her Majesty's
Government have directed the Admiral Commanding in the Pacific, to take
immediate steps for the protection of British Interests on the north
west coast of America, against the attacks of Indians, and of the
unwarranted intrusion of Foreigners on the Territory of the Queen, and
that it is further probable that the application I made for a Steam
vessel may be granted. I have also perused with much interest the
communication which the Earl of Malmesbury addressed to Her Majesty's
Minister at Washington, touching the improper and aggressive acts
committed by Citizens of the United States, on Queen Charlotte's Island,
and other British Possessions.
I
5. I shall attend to the instructions in your Despatch, pointing
out the wishes of Her Majesty's Government in respect to parties who may
be desirous of searching for Gold on Queen Charlotte's Island, and I
have to thank you for the two Parliamentary Papers, which, at the same
time, you did me the honor to forward.
Those papers contain much valuable information, and will be of the
utmost assistance in framing such regulations, as it may be found proper
to adopt, when granting Licences for collecting Gold on Queen Charlottes
Island.
6. I shall soon issue a proclamation declaring the rights of the
Crown, in respect to all Gold found in its natural state, and forbidding
all persons to dig or disturb the soil in search of Gold, unless duly
authorised, in that behalf by License from the Officers of Her Majesty's
Colonial Government; and will take such other steps for the protection
of the rights of the Crown, and to enforce obedience to the Laws, as are
enjoined in your despatch.
I will also transmit copiesof
of all regulations, which may be
framed, and report to you from time to time on the state and progress of
the public affairs of Queen Charlotte's Island, and will keep the sums
of money received on account of Licences, issued separate and distinct
from all other Colonial Revenues, and when it becomes desirable to issue
Commissions of the peace for Queen Charlotte's Island, I will recommend
competent persons for such appointments according to the instructions in
your Despatch of the 27th September last.
I have the honour to be Sir
Your most obedt Servt James Douglas
Governor
The Right Honorable Sir John S Packington Bart
Her Majesty's principal Secretary of State
For the Colonial Department
Minutes by CO staff
Mr Elliot
I think a selection of a few books of authority on Government & some
legal works ought to be sent to Mr Douglas who is compelled to rely
very much on his own resources when in embarassing situations.
Mr Meyer will I daresay have the kindness to make a selection
of such as he may consider most useful, in which I shall be very
happy to assist him.
It is difficult to answer Govr Douglas's very natural statement of his embarrassment with reference to Q. Charlottes'island. According
to our law as expounded by the best authorities the Queen cannot of her
own authority constitute a legislature, (which would be the only way of
giving him any real power) except a representative one for which there
are of course no materials. He can only act on existing English law to
the best of his ability. It may be hoped that the state of things
indicated by discouraging accounts since received of the gold prospects
in Q. Charlottes' island will have relieved him from his difficulty.