Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Public Offices document
Murdoch, Thomas William Clinton to Merivale, Herman 23 September 1859, CO 60:5, no. 9516, 553.
Abstract
Murdoch, Thomas William Clinton to Merivale, Herman 23 September 1859, CO 60:5, no. 9516, 553.
Public Offices document.
Minutes (4), Marginalia (1).
Murdoch to Merivale (Permanent Under-Secretary)
Emigration Office
23 September 1859
Sir,
I have to acknowledge your letter of 2nd Instant
enclosing a Despatch from Governor Douglas on the present
state of British Columbia, and expressing the desire of
the Duke of Newcastle to be furnished with any observations
which occur to us upon it.
2. Governor Douglas commences by an epitome of a
Report recently furnished to him by Mr Sanders the
the
Assistant Gold Commissioner, the substance of which
could not be stated more succinctly than in their Despatch.
The effect of it is to show that the land along the whole
course of Frazers River is highly auriferous, that
probably a large part of the interior of the Colony is
equally so, and that even the lands that have been worked
are so far from exhausted that additional skill and
labour would again render them very productive and
profitable. Govr Douglas further reports that
detachments
detachments of Sappers and Marines are actively employed
in opening Roads, that the traffic on the roads that
have been opened is very great, and that the expense of
transport has been reduced from 37 Cents per lb
last winter to 10 cents per lb at present. He adds
that while on Frazers River there are large Tracts of
land adapted for settlement, on Harrison's River, which
is less fertile, there are forests of magnificent trees
and great water power, so that each will contribute
though
though in a different way, to the wealth of the Country.
From Harrisons River he anticipates a large export of
Spars and deal. A powerful water Saw Mill has been
already erected near the Town of Douglas by a Mr
McDonald. These accounts must be considered as highly satisfactory.
the
Assistant Gold Commissioner, the substance of which
could not be stated more succinctly than in their Despatch.
The effect of it is to show that the land along the whole
course of Frazers River is highly auriferous, that
probably a large part of the interior of the Colony is
equally so, and that even the lands that have been worked
are so far from exhausted that additional skill and
labour would again render them very productive and
profitable. Govr Douglas further reports that
detachments
detachments of Sappers and Marines are actively employed
in opening Roads, that the traffic on the roads that
have been opened is very great, and that the expense of
transport has been reduced from 37 Cents per lb
last winter to 10 cents per lb at present. He adds
that while on Frazers River there are large Tracts of
land adapted for settlement, on Harrison's River, which
is less fertile, there are forests of magnificent trees
and great water power, so that each will contribute
though
though in a different way, to the wealth of the Country.
From Harrisons River he anticipates a large export of
Spars and deal. A powerful water Saw Mill has been
already erected near the Town of Douglas by a Mr
McDonald. These accounts must be considered as highly satisfactory.
3. But Governor Douglas likewise states that in
consequence of the delay caused by the survey of
the site of 'Queensboro' (now called New Westminster)
and other necessary work, no Country Land has as yet
been brought into
into the Market, and that there is much
popular clamour on that account. To meet this difficulty
he proposes to establish some system of occupation which
would enable settlers to occupy and improve certain
tracts of land under preemptive rights until the Surveys
are completed. To this point our special attention is
directed by your letter.
into the Market, and that there is much
popular clamour on that account. To meet this difficulty
he proposes to establish some system of occupation which
would enable settlers to occupy and improve certain
tracts of land under preemptive rights until the Surveys
are completed. To this point our special attention is
directed by your letter.
4. It appears to me that nothing but the clearest
necessity should induce the Government to have recourse
to such an arrangement. It may perhaps be
be unobjectionable
in the case of isolated adventurers in tracts of Country
far removed from actual settlement, and where no other
rights have grown up or are likely to be immediately created.
But in a Country like British Columbia and as a means of meeting
the demands of a large body of settlers it could not fail
to introduce great confusion and uncertainty of title, and
to lay the ground for future disputes and litigation. From
the nature of the case there would
would be no definition of the
boundaries of individual settlers, and it is impossible to
believe that under such circumstances rival claims to the same
land would not continually spring up. And in a Country where
superficial improvements are so easily made and as easily
obliterated, the decision of such claims would involve very
great difficulty; not only to the Executive Government, who
would first be called upon to decide them, but even to Courts
Courts
of Law. The History of every new Colony shows the embarrassment
and loss which has arisen from a careless or indiscreet system
of disposing of the Crown Lands in the first instance.
The land moreover would be occupied and claimed in every kind of shape
most convenient to the individual settler, and it would be
very difficult, if not impossible to fit these claims into a
future survey without leaving portions of unappropriated
land, the value of which would be destroyed by the shape and
position of the adjoining claims
claims and which would thus become
not only valueless but injurious. This was the case in Ceylon
and Natal where land was granted with great laxity and without
reference to any General survey, and the records of the Colonial
Office contain ample proof of the confusion and expense which
has been caused in Ceylon. It appears to me that it would be
far better to delay the completion of the survey of the Capital,
and to draw from the Survey party there
there employed sufficient
strength to lay out the Country Lands that may be immediately
required. It seems hardly probable that the demand for land in
New Westminster can be so great as to require that the survey of
its site should be immediately completed, and at all events it
would seem easier to provide for a demand for unsurveyed land in
the Town, where the lots are only 1/6 of an acre in size, than for
Country Lands
Lands where the demands would be for many hundred acres
at a time.
be unobjectionable
in the case of isolated adventurers in tracts of Country
far removed from actual settlement, and where no other
rights have grown up or are likely to be immediately created.
But in a Country like British Columbia and as a means of meeting
the demands of a large body of settlers it could not fail
to introduce great confusion and uncertainty of title, and
to lay the ground for future disputes and litigation. From
the nature of the case there would
would be no definition of the
boundaries of individual settlers, and it is impossible to
believe that under such circumstances rival claims to the same
land would not continually spring up. And in a Country where
superficial improvements are so easily made and as easily
obliterated, the decision of such claims would involve very
great difficulty; not only to the Executive Government, who
would first be called upon to decide them, but even to Courts
Courts
of Law. The History of every new Colony shows the embarrassment
and loss which has arisen from a careless or indiscreet system
of disposing of the Crown Lands in the first instance.
Captain Gosset now in B. Columbia is well aware of these
embarassments of which he saw plenty when he was Surveyor General
in Ceylon.
claims and which would thus become
not only valueless but injurious. This was the case in Ceylon
and Natal where land was granted with great laxity and without
reference to any General survey, and the records of the Colonial
Office contain ample proof of the confusion and expense which
has been caused in Ceylon. It appears to me that it would be
far better to delay the completion of the survey of the Capital,
and to draw from the Survey party there
there employed sufficient
strength to lay out the Country Lands that may be immediately
required. It seems hardly probable that the demand for land in
New Westminster can be so great as to require that the survey of
its site should be immediately completed, and at all events it
would seem easier to provide for a demand for unsurveyed land in
the Town, where the lots are only 1/6 of an acre in size, than for
Country Lands
Lands where the demands would be for many hundred acres
at a time.
5. Upon the whole I would recommend that no countenance
should be given to Govr Douglas' proposal to sanction
the occupation with preemptive rights of unsurveyed land.
Minutes by CO staff
Mr Merivale
The Commrs opinion is that it will be more advantageous for the Colony in the end not to sanction Governor Douglas' plan of holding Land under a preemptive right, even though that plan be temporary. But has he sufficiently adverted to the consideration (which the Duke of Newcastle entertains) that the vicinity of the Americans makes it almost impossible to maintain the system of disposing of Land in the Colonies which is so easily indoctrinated at Whitehall. Home views on this point are sometimes carried to excess—irritate the Colonists—and retard the success of a settlement. In B. Columbia I believe that it would be even wise to give the land away in small sections provided the gift was bestowed on actual laborers of British origin. In Canada they now give to any man who will settle himself in certain parts of the Ottawa Country 100 acres of Land. If in Canada this plan is found advisable, it wd surely seem worthy also of adoption in B. Columbia. But I do not yet advocate that step; for we had better try for some time longer whether we can't get a revenue out of the Land. Canada has many resources for raising a revenue, & can afford to give away a few thousand acres of Land. In B. Columbia, we have not quite arrived at that point of being able to be liberal. With respect, however, to the immediate subject of the Governor's proposal
I am tempted to submit to you a Letter
which has been addressed to Mr Gairdner (with whom I have
had some conversation on this topic) by the late Surveyor
General of Victoria—at the Antipodes. From that Letter you
will learn that a scheme, similar to that of Govr Douglas',
has been in
successful operation there, under circes
resembling those in B. Columbia, viz: the difficulty of getting
Country Lands surveyed. It will deserve Consideration which
plan to adopt—whether to insist on 
the rigorous adherence to
principles which, though sound in themselves, are not applicable
in all cases, or to sanction a departure from them under the
peculiar circumstances of British Columbia.
The Commrs opinion is that it will be more advantageous for the Colony in the end not to sanction Governor Douglas' plan of holding Land under a preemptive right, even though that plan be temporary. But has he sufficiently adverted to the consideration (which the Duke of Newcastle entertains) that the vicinity of the Americans makes it almost impossible to maintain the system of disposing of Land in the Colonies which is so easily indoctrinated at Whitehall. Home views on this point are sometimes carried to excess—irritate the Colonists—and retard the success of a settlement. In B. Columbia I believe that it would be even wise to give the land away in small sections provided the gift was bestowed on actual laborers of British origin. In Canada they now give to any man who will settle himself in certain parts of the Ottawa Country 100 acres of Land. If in Canada this plan is found advisable, it wd surely seem worthy also of adoption in B. Columbia. But I do not yet advocate that step; for we had better try for some time longer whether we can't get a revenue out of the Land. Canada has many resources for raising a revenue, & can afford to give away a few thousand acres of Land. In B. Columbia, we have not quite arrived at that point of being able to be liberal. With respect, however, to the immediate subject of the Governor's proposal
I am tempted to submit to you a Letter
which has been addressed to Mr Gairdner (with whom I have
had some conversation on this topic) by the late Surveyor
General of Victoria—at the Antipodes. From that Letter you
will learn that a scheme, similar to that of Govr Douglas',
has been in
successful operation there, under circes
resembling those in B. Columbia, viz: the difficulty of getting
Country Lands surveyed. It will deserve Consideration which
plan to adopt—whether to insist on 
the rigorous adherence to
principles which, though sound in themselves, are not applicable
in all cases, or to sanction a departure from them under the
peculiar circumstances of British Columbia.
ABd
26 Sepr/59
Nothing can be sounder than Mr Murdoch's reasoning, but how are
we to exclude squatters in Brit. Columbia, when in Oregon, on the other
side of an imaginary line, every man (as I understand the case) can
select 160 acres of Country land where he pleases, with a certainty of
never being disturbed until the Government Surveyor reaches him, perhaps
years afterward, & perhaps the prospect of not having to pay 
even then?
even then?
HM
S 27
Duke of Newcastle
This report might be sent to the Govr. He might be instructed to press on surveys, even of a rough kind, as rapidly as possible (altho' the Sappers & Miners are now perhaps otherwise employed), but permitted to try his plan of occupation, with preemptive right, rather than allow the land to remain locked up against parties ready to cultivate it?
This report might be sent to the Govr. He might be instructed to press on surveys, even of a rough kind, as rapidly as possible (altho' the Sappers & Miners are now perhaps otherwise employed), but permitted to try his plan of occupation, with preemptive right, rather than allow the land to remain locked up against parties ready to cultivate it?
CF
29
I am very unwilling to set aside the opinion of Mr Murdoch on
such a Matter as this—especially when I cannot hesitate to admit the
soundness (in theory) of his arguments. I believe however that two
such opposite systems as the English and American cannot co exist on two
sides of an imaginary boundary, 
and it is certain that the U.S. Citizens
will not adopt ours.
and it is certain that the U.S. Citizens
will not adopt ours.
It must not moreover be forgotten that in such a Colony as
B.C. Population is wealth, and every new Settler will soon
add much more to the Revenue than it will lose by dimunition
(for a time) of Land Sales.
I prefer the plan of Captain Clarke to that of occupation
with preemptive right, but there is one difficulty which
makes me hesitate as to either. If the Land upon such
conditions is thrown open to all I fear an immediate rush to
all the best sites of American Squatters before our own
People in this Country have even heard of the change. Is there
any precedent for limiting the boon to those of British
origin? Can Captn Clarke give any suggestion on this point?
I postpone decision till I receive an answer to this.
N
2-10