Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Despatch to London
Douglas, James to Lytton, Edward George Earle Bulwer 16 May 1859, CO 305:10, no. 6511, 156.
Abstract
Despatch to London.
Minutes (5), Enclosures (untranscribed) (2), Other documents (2).
Douglas forwards copies of his
correspondence with the House of Assembly of Vancouver Island,which, among other subjects, discusses Douglas's building of new government offices without consulting the House. Blackwood's minute praises Douglas’s self reliance but cautions that
the transaction disclosesfundamental complications between the Hudson’s Bay Company and the Crown’s
tenure of the Island.Blackwood notes that
the Crown has ultimately to defray the expense.Newcastle's draft reply to Douglas directs Douglas to
cease at once all further expenditureon buildings, unless approved by
the Legislature of Vancouvers Island.
No. 17
16 May 1859
I have the honor of transmitting herewith for the information of
Her Majestys Government copies of my correspondence with the
House of Assembly of Vancouver Island up to the 7th day of May
inclusive.
2. By a resolution passed on the 4th instant the House
expresses its disapproval of the erection of certain Buildings
pressingly
pressingly required for the Public offices of the Colony because
the Measure had "not been brought before the people for their
consent". The reasons which induced me to undertake the erection
of those buildings without consulting the House are given at
some length in my message of the 7th instant and will I trust
meet with your approval.
pressingly required for the Public offices of the Colony because
the Measure had "not been brought before the people for their
consent". The reasons which induced me to undertake the erection
of those buildings without consulting the House are given at
some length in my message of the 7th instant and will I trust
meet with your approval.
I have etc.
Minutes by CO staff
Mr Merivale
This is a curious state of things: and our Governor, with a constituted Legislature, whose voice would make itself heard in such a matter as this in most other colonies with representative Institutions, put at least one Branch of it aside in the quietest way imaginable. Governor Douglas has so long been self reliant, that he excels in what so many other people fail in. He acts entirely from himself, leaning on nobody for help. As the Governor does not resort to the Assembly for money for this
service it may have been unnecessary to consult that Body on the
subject. But the transaction discloses, I think, a manner of
proceeding in a Colony with representative Institutions which
is, at least, unusual, and will scarcely suit the place when it
grows into more importance.
This is a curious state of things: and our Governor, with a constituted Legislature, whose voice would make itself heard in such a matter as this in most other colonies with representative Institutions, put at least one Branch of it aside in the quietest way imaginable. Governor Douglas has so long been self reliant, that he excels in what so many other people fail in. He acts entirely from himself, leaning on nobody for help. As the Governor does not resort to the Assembly for money for this
service it may have been unnecessary to consult that Body on the
subject. But the transaction discloses, I think, a manner of
proceeding in a Colony with representative Institutions which
is, at least, unusual, and will scarcely suit the place when it
grows into more importance.
2. You will notice that the Govr still calls the H.B.Co "the
proprietors of V.C.Isd" & I suppose they are so until the
resumption of the Island by the Crown is completely effected by
the repurchase of the Company's property &c: but is there not
more than meets the eye in this affair? All these public
Offices are to be constructed at almost the last moment of the
Company's tenure of the Island. The Co provides the money—the
Govr has, between the outgoing & incoming tenants, little check
over him—and the Crown has ultimately to defray the expense.
Surely if the Crown has to pay for these new buildings the
Governor should have reported to the S. of State the wants of
the Colony in this respect, & asked for instructions.
3. According to the annexed P.P. Page
16/229-Sept. 2/57 I see that the Assembly, if applied to, by the
Govr, would have had but small means of defraying the cost of
the offices.
ABd
29 June
Documents enclosed with the main document (not transcribed)
Newspaper clippings, "Proceedings of the House of
Assembly," 26 and 28 April, and 4 May 1859.
Douglas to House of Assembly, 7 May 1859, explaining
why he had proceeded with the erection of new government offices
without consulting the House.
Minutes by CO staff
Mr Merivale
We have not kept the Governor of VanCouver's Island apprized of our proceedings at home in respect to the payment to the H.B.C. of the sums &c laid out by them on the Island, because, as I conceive, we were not in a condition to tell him anything definite, inasmuch as the account has not yet been adjusted. But so long ago as Feby 1856 Mr Labouchere desired the Governor to send home, in
anticipation of a final settlement
between the Company and the Crown, an account of what was due.
The Governor having written back to say that he cd make out no
such account we applied to the H.B.C. and with them only have
we since had any correspondence on the subject.
We have not kept the Governor of VanCouver's Island apprized of our proceedings at home in respect to the payment to the H.B.C. of the sums &c laid out by them on the Island, because, as I conceive, we were not in a condition to tell him anything definite, inasmuch as the account has not yet been adjusted. But so long ago as Feby 1856 Mr Labouchere desired the Governor to send home, in
anticipation of a final settlement
between the Company and the Crown, an account of what was due.
The Governor having written back to say that he cd make out no
such account we applied to the H.B.C. and with them only have
we since had any correspondence on the subject.
ABd
5 July
Mr Fortescue
This seems to me to require very serious & early attention.
This seems to me to require very serious & early attention.
In the grant of the soil of Vanc. I. to the H.B.C. Government
reserved a power to repurchase Vanc. I. on making payment to the
Co.
2
in consideration of sums expended by them and the value of
their establishments—at the expiration of the Co's exclusive license.
That license expired in
May last.
It has not been renewed, as you are aware.
It seems the Govr had intimation as long ago as Feb 1856 of the
probable exercise of this power of repurchase.
But since that time we have been settling accounts with the
Company, & they are not yet quite settled: & it does not seem
that any positive instruction has been sent to the Governor to
consider the Company's right to the soil as on the eve of extinction.
In this state of things—probably aware, one must suppose, of
the real position of affairs between Govt & the Company—he
seems, at the very end of the license, to have taken on himself to
commence new buildings on a considerable scale
at the expense of the Company.
One cannot help supposing, he means us to repurchase them.
It seems to me that he ought to be written to by the next mail
(15th) to hold his hand until further instructions.
And that the Company should be written to, sending copy of this
projected despatch, & adding that Govt are anxious for
immediate information as to what they may know of the Governor's
proceedings, adding, that Government cannot consider themselves
as in any way bound to make 
compensation for buildings begun at
the Company's expense at a time when they, the Company, were &
had long been aware that their possession of the soil is about
to terminate, & only exists pending a settlement of accounts.
compensation for buildings begun at
the Company's expense at a time when they, the Company, were &
had long been aware that their possession of the soil is about
to terminate, & only exists pending a settlement of accounts.
HM
July 6
This seems to me the right course.
CF
7
This has an ugly look about it. I entirely approve of the
suggestions of Mr Merivale.
N
8
Other documents included in the file
Draft, Fortescue to H.H. Berens, Hudson's Bay Company, 12 July
1859, forwarding copy of the despatch and proposed draft reply,
and advising the government did not consider themselves
bound to repay the expense of the new buildings.
