1. I have the honor to acknowledge the receipt of your Despatch No
20, 11th April 1865, transmitting extracts from a Despatch addressed
to the Board of Admiralty by Rear Admiral Denman in which he suggests
that the Colonies of British Columbia and Vancouver Island should
employ a colonial vessel for the purposes of defenceand and for
preventing aggressions of the Indians against British Traders; and
requesting my opinion on the practicability of adopting Admiral
Denman's suggestions and providing for the requisite expenditure out
of Colonial funds.
2. This subject occupied my attention at an early period after my
arrival in the Colony and I concur generally in the views expressed
by Rear Admiral Denman.
3. I feel sure that true economy and the peace and character of our
Government will be bestattained attained by the employment of a better class
of vessel than the Gunboats heretofore employed on the coast of this
Island; and I think that such vessels should be commanded by Officers
having special aptitude for this peculiar service.
4. The adoption of some such course will appear all the more
necessary when it is remembered that it is physically impossible to
connect the outlying settlements with the seat of Government by
roads, and that the cupidity andtreachery treachery of the Indian character
can only be held in check by the prospect of prompt and certain
punishment when they assail the lives and property of white men.
5. On the other hand I fear it would be impossible to obtain the
necessary funds from the Legislature of this Colony even did the
finances afford it.
6. I have during the present Session estimated for funds for the
employment of an IndianAgent Agent or Agents in the out-settlements where
at present there are neither Magistrates, Police, nor other
protection for life or property. My application to the Legislative
Assembly resulted in a recommendation from that Body that I should
"appoint unpaid Magistrates from among the settlers to be remunerated
by fees."
7. I have been obliged to decline the responsibility of acceding to
this recommendation because few or none of the settlers are above thestatus
status of labouring men, and the employment of such persons in a
position requiring great tact and special qualities would be a sure
mode of bringing the two Races into collision.
8. Whiskey selling by unprincipled whites is in my opinion the bane
of the Indian race, and the immediate or remote cause of all the
murders and robberies committed by them whether
inter se or on white men.
9. There are no sufficient local Laws to repress this dangerousand and
disgraceful traffic from which enormus profits are derived and in
which many persons are interested, nor is there a probability of any
such Laws being enacted. The Honorable the Speaker who exercises
much influence in the Legislative Assembly very recently stated his
opinion, which is shared in by many other Members, that the sale of
liquor to Indians should not only be legalized but that they should
be permitted to manufacture it if they could.
10. The existing law imperfectas as it is, has been administered by
officers holding these or similar opinions, and the results have
naturally been a failure to repress this degrading traffic.
11. Liquor sellers cannot be convicted on Indian Evidence alone, and
hence they enjoy a comparative impunity for their
crimes, for such I regard the sale of poisonous and maddening
alcohol to excitable savages.
12. I introduced a Bill (a copy of which I enclose) to remedythis this
latter evil, but it was, after passing the Legislative Council,
rejected by the Legislative Assembly without an attempt to amend it.
13. Hence the strange anomaly exists that the evidence upon which a
culprit may be arraigned, convicted, and executed in British Columbia
cannot be received in the Courts of Justice in Vancouver Island.
14. It will be necessary for me to address you on the general
subject of Indian management atan an early period, a subject which
causes me great anxiety from want of powers to deal with it effectively.
15. I cannot better conclude my Despatch than by directing your
attention to the Report of Commander Jones R.N., a very active and
intelligent officer whom I had lately occasion to send to Cowitchan
and Comox Districts, a copy of which I enclose.
I have the honor to be,
Sir,
Your most obedient Servant A.E. Kennedy
Governor
Admiral Denman suggested to the Admiralty, who referred the
suggestion to this Office with the observation that the principle was
applicable to all of our Colonies similarly situated, that a Colonial
vessel should be established for the service in question.
Mr Fortescue—see his minute on 3004reviewed—reviewed the idea favorably,
and even thought that so far as these Colonies were concerned, it was
a case in which Parliament might be asked to vote the money to defray
the expense.
Mr Cardwell ordered a reference to be made to the Governors—called
their attention to the late Naval Defence Act, and asked them if they
could pay the cost of keeping up the vessel.
Governor Seymour has answered this enquiry. See 8241. He says that
British Columbia alone will find work enough for one ship: he is
quite prepared that the Colonial Revenue shall pay for her services,
and explains his ideasas as to the management of the vessel.
Governor Kennedy in his despatch just received, 8404, thinks the plan
of a Colonial vessel a good one, but he fears that even if Vancouver
Island's finances could afford it, it would be impossible to obtain
the necessary funds from the Legislature.
A main difficulty in this case is the expense. I conclude that
Parliament will not really be asked to provide a vessel or vessels
for these Colonies. It would open the door to similar applications
from other quarters. The expense then must fall on these two
Colonies. How is this to be arranged? British Columbia says, or the
Governor doesfor for her, that she will pay, Vancouver Island will not.
If the Admiralty will consent to appropriate a vessel for Colonial
Service, and if her expense is defrayed by British Columbia alone,
can you restrict her to that Colony? Such a proceeding will embitter
still more the present feelings of animosity of Vancouver Island
towards British Columbia: for Vancouver Island will envy British
Columbia the wealth which enables her to afford the luxery of a
Colonial Vessel to herself. But I have grave doubts, as expressed in
my minute on 8241 whether it is a certainty that British Columbiacan spare funds for this service. Until that point isascertained
ascertained, and we feel ourselves in a condition to make a definite
proposal to the Admiralty, I would not embark in a Correspondence with
that Department, for the first thing for us to know is whether
Governor Seymourhas a balance in his favor at the public Treasury and this fact
will not reach us for some time. My own notion is that before any
decided action is taken, we had better see our way more clearly to
the means of paying for this vessel. We can, without inconvenience,
wait for an opportunity of conversing with Governor Seymour about it,
and if he can shew us in black and white that he has the money to
spend on this Ship, which he imagines he willhave have, I apprehend that,
even at the risk of leaving Van Couver Island out, we might ask the
Admiralty to lend a Ship to British Columbia, subject to such
arrangements as to management as the Admiralty shall think fitting to
dictate.
The Treasury would have to be consulted on the money part of the
question. Should Union be achieved in this Section of our Colonies
it would subserve this as well as other local matters.
Mr Cardwell
In forwarding Mr Blackwood's useful Minute, the only additional
remark I have to offer is, that
if we should hereafter have a Colonial Vessel, the Admiralty
ought to have nothing to do with it. They would only entail the
disadvantages & the disputes of a divided administration; and would
make the Vessel much more costly than she would be otherwise.
If, as we believe, Govr Seymour is now on his way home,
it will be better to speak to him. If not, I do not wish the subject
of a Colonial Vessel for B.C. under the Act of last Session to be
lost sight of.
As regards V.C.I., I see no prospect for that Colony except reunion
to B.C.
Documents enclosed with the main document (not transcribed)
Printed copy of "A Bill to Amend the Law of Evidence," laying
out the conditions under which natives were permitted to give
evidence in the law courts of Vancouver Island.
T.M. Jones, R.N., to Kennedy, 10 April 1865, advising of his
return from Cowichan and Comox and reporting extensively on the
Indian situation in the two areas. Transcribed below.
Minutes by CO staff
The Victorians are great smugglers. Their chief profits are derived
from the smuggling into the U. States—which is occasioned by the
high tariff of that Country.
This leads them to think lightly of the offence of smuggling whiskey
for the Indians of our Colonies.
1. I have the honor to inform you that I have returned to Nanaimo from Cowichan and Comox and avail myself of the return of the Superintendent of Police to Victoria to acquaint
you with the state of affairs at both these settlements.
His Excellency. Governor Kennedy C.B.
2. At2. At Cowichan on communicating with the settlers I found that the causes of complaint were not
by any means numerous; when sober the Indians appear to be well disposed towards the
settlers generally and with the exception of petty thefts do not in any way molest
or annoy them; when however under the maddening influence of liquor, an Indian appears
to be entirely irresponsible for his actions, and at any moment as serious crime may
be committed, and Europeans murderedmurdered without the existence of previous ill will or disaffection.
3. The Indians themselves appear perfectly conscious of this, and begged that steps
might be taken if possible to put down this whisky traffic. One Native against whom
existed strong suspicion of having been engaged in whisky selling on being taxed with
the offence, acknowledged it, and in the presence of the assembled natives declared
that nothing would induce him so to again commit himself.
4. There4. There appears to be no limit to the facility which at present exists for the importation
of spirits into the Cowichan District. I hear it is to be obtained in any quantities
The Victorians are great smugglers. Their chief profit, are derived from the smuggling
into U. States- which is occasion by the high tariff of that country. This leads then
to think lightly of the offence of smuggling whiskey for the the Indians of our colony.
at Victoria and is then brought here by canoes and schooners.
5. With a considerable number of Indians, and with the prospect of an increase also
of European settlers, I would suggest that the law should be represented in this district
as soon as possible, with the view of avoiding future seriousserious difficulties, as also of settling at once, the minor grievances and complaints,
which are constantly cropping up, and which if not taken in time may lead to very
serious complications hereafter.
6. The only complaint brought before me by the Indians was that two of their member,
one of them a woman, had been a short time previously severely beaten by a Policeman
who had been sent on some duty from Victoria, and as far as I could learnlearn without any provocation. The settlers state that the excitement for some days
was, in consequence, of a very serious nature. Mr. Hankin is in possession of the facts of the case and will investigate it on his return to
Victoria.
7. At Comox the European settlers complained of the frequent robberies principally if their potatoes,
committed by the Indians, and attributed them in a great measure to a party of U-cul-taws
who have been fishing in the neighbourhood for the last two months. As these Indiansbelongbelong to Cape Mudge, I caused them to be assembled and having told them the nature of the complaints
that had been made against them directed them to leave Comox and return to their own country giving them a week to clear out. This they promised
to do, and I propose sending a Gunboat shortly after my return to Esquimalt to see that this measure has been carried out. I further warmed the Comox Indians
that they would now be held responsible for any further depredationsdepredations that might be committed on the settlers.
8. The U-cul-taws have I believe given trouble on a previous occasion, and do not
by any means bear a good character, I would therefore suggest that they should not
be permitted at any future time to remain at Comox.
9. The Comox Indians appear well affected to the settlers, and are anxious to see
the number increased. It is a beautiful district, with a good anchorage, andand the occasional visit of a Man-of-war is, I hear, attended with the best results.
—
10. Mr. Hankin, has been of guest service from his knowledge of the language, and tact and judgement
displayed in communicating with the Indians—