Emigration Office
                     
                  
               28 April 1859
               
               Sir,
                
            
            
               We have to acknowledge your letter of 
14th instant,
               enclosing a Despatch from the Governor of 
British Columbia
               with the copy of a Proclamation which he had issued on the
               subject of the disposal of the Crown Lands in that Colony.
               
               2.  On 
7th February last Sir E. Bulwer Lytton having
               received from 
Governor Douglas a report on the disposal of Land
               in 
British Columbia, addressed to him a Despatch laying down
               certain 
principles
principles for his guidance. 
Sir E. Lytton expressed
               his approval of an upset price of £1 for Country Lands in
               the 
Fraser River District, and of a lower price elsewhere;
               he estimated his preference for Sales by Auction over Sales
               at a fixed price, he expressed a decided opinion in favor of
               prompt payment instead of payment by instalments, but he left
               to the Governor to decide the size of lots, the terms on which
               mineral lands should be let, and the mode in which a revenue
               should be obtained from the produce of the Gold Fields,
               as well as some 
minor
minor points which had been adverted to by
               
Governor Douglas.
               
               3. 
Governor Douglas' present Despatch is dated 
19th
                  February last, 12 days later, and the Proclamation which it
               encloses is dated 
14th February.  The Proclamation
               announces that all Lands, other than Town or Mineral Lands
               or lands specially reserved, will be sold by Auction at an
               upset price of 10
s/- an Acre, the price to be paid half
               in Cash at the time of Sale and the other half at the end
               of two years, that Lands unsold at Auction may be disposed
               of by private contract, at the upset price, and that 
all
all
               Sales are to be subject to such private right of way as
               maybe declared at the time of Sale, and such public right
               of way as may be afterwards declared.  The conveyance of the
               Land is to include all Trees and Mines and Minerals except
               Gold and Silver.  The Proclamation further announces that it
               is intended to lay out the Capital of the colony on the right
               bank of 
Frasers River, that three fourths of the Lots will
               be put up to Auction in the Colony during the present Month
               of 
April, and one fourth reserved for Sale in 
the
the United
               Kingdom and British Colonies, but if not there
               sold will be disposed of in the same manner as the three
               fourths, that purchasers at 
Langley Fort may resign their
               purchases and be allowed the price in purchases in the
               Capital, that the Capital will be declared a Port of Entry,
               and that the River frontage will be let on leases of 7 years
               for the construction of Quays. No upset price is named for
               lots in the Capital nor is the size of the lots specified.
               In his despatch 
Governor Douglas states that it is
               intended for the present to reserve 
all
all Lands known to
               contain Minerals and to make large reserves for Churches,
               Schools, and public purposes and for Towns and Villages,
               and as a general rule not to sell any Land till it has
               been surveyed. He adds that it was considered advisable
               to fix a low price for Country Lands in order to encourage
               Emigration from England, the want of the English element
               in the population being one of his greatest difficulties
               in legislating for the Government of the Country.
               
               4.  It will be seen from the preceding statement that the
               only 
essential
essential point in which 
Governor Douglas' regulations
               differ from 
Sir E. Bulwer Lytton's principles is in the
               admission of payment for Country Lands by Instalments.
               This is no doubt an important point, and it is, perhaps,
               to be regretted that 
Governor Douglas, after sending home his
               report of 
27th October last, did not wait to ascertain
               the views of the Secretary of State before issuing any final
               regulations on the subject. Possibly, however, the
               circumstances of the Colony made delay unadvisable. Looking
               now to the inconvenience of frequent changes in the
               regulations, and also to the large proportion 
of
of the purchase
               money to be paid down at the time of purchase, we do not
               think it necessary to recommend that 
Governor Douglas should
               be directed to rescind this portion of his regulations. But
               whenever new regulations are issued it would be desirable that
               the mode of payment should be altered, in conformity with 
Sir
                  E. Bulwer Lytton's instructions.
               
               5.  In respect to the sale of Country Lands 
Governor Douglas states that it is proposed to reserve the land
               bordering on the United States Frontier (which would include
               the 
Fraser River District) and to form on it a Military
               Reserve 
for
for the Royal Engineers and if possible for an
               exclusively English population.  In regard to ordinary
               Country Lands we do not suppose that a higher price than
               10s an Acre could be maintained, in the face of the lower
               price and greater facilities offered in the adjoining
               States of the Union.  We should indeed have been disposed
               to doubt whether 10
s/- was not too high, but 
Governor Douglas and his advisers must be the best judges on that
               point.  We can readily understand the importance which
               he attaches to the introduction of English Settlers, but
               we fear that the length of the passage round 
Cape Cape Horn
Cape Horn and
               the expense of that across the Isthmus, will prevent any
               considerable Emigration of the Laboring Classes from this
               Country.  It is probably from the British subjects settled
               in Australia and in the various Islands and Countries in the
               Pacific that 
Governor Douglas may most confidently hope to
               recruit his British population.  It is by no means improbable
               that many of these may be attracted by the material advantages
               which the new Colony holds out, enhanced by the security and
               tranquillity to be obtained under British Rule.
               
               6.  In regard to the proposed 
Sale
Sale in the United Kingdom
               and the British Colonies of one fourth the lots in the
               proposed Capital we cannot but feel some doubt.  If it is
               contemplated to attach any conditions of residence to
               such lots there seems no reason for selling them out of the
               Colony.  The terms of Sale could be equally well published
               in the United Kingdom and British Colonies without any
               actual Sale of the Land.  If it is not intended to attach
               conditions of residence, the lots will be bought by
               speculators who will hold them on the chance of a rise in
               value, with the usual result of obstructing the progress of
               
the
the Town, interrupting its communications and creating a nuisance
               to the holders of aspiring lots.  It may be difficult to
               prevent absentees speculating in Town Lots, but it is not
               necessary to invite them to do so.  It would, we think, be
               wise to abandon this part of the scheme.
               
               7.  In conclusion we may point out a slight confusion
               in the Proclamation. The second paragraph states that the
               price of all Lands except Mineral and Town Lands "shall be
               10
s/- per Acre payable one half in Cash at the time of the Sale
               and the other 
half
half at the end of two years from such Sale"
               but the fourth paragraph states that with certain exceptions
               "all the land in 
British Columbia will be exposed in lots
               for Sale by public competition at the upset price above
               mentioned" &c.  The meaning is, of course, as we have stated
               it, that all country Lands shall be put up to Auction at
               an upset price of 10
s/-, an Acre, and that one moiety
               of the price for which the Land is sold should be paid at
               the time and the other moiety after two years.
               We do not suppose that any 
difficulty
difficulty will arise from this
               ambiguity, but whenever the regulations are reconsidered
               it would be as well to remove it.
               
               Minutes by CO staff
               
               
               
               
                  
                  
                     To save time I venture to submit in the form of a
                     draft the course I would recommend be adopted.
                     
                  
                  
                     Mr Blackwood suggests the early publication of the rules.
                     I think
                     that this will be sufficiently attained by the Colonization Circular
                     and that it will be better not to make a special publication of the
                     despatch, especially as the rules may very possibly be revised.