Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Correspondence (private letter)
Clarke, Andrew to
Fortescue, 1st Baron Carlingford Chichester 1859, CO 60:6, no. 10396, 422.
Abstract
Correspondence (private letter).
Enclosures (untranscribed) (1), Other documents (5).
Clarke forwards to “The Under Secretary of State” a report, in the form of a “proposed Order
in Council,” on administering “a clearly defined land system” in settlement-land
in British Columbia, something Clarke notes as particularly difficult.
The first two of the six documents included in the file are draft replies from Moody to Douglas, submitted for approval; the third is a draft letter from Merivale to Emigration Commissioners, which forwards Clarke’s letter and report, with extensive minutes by Elliot on the “Disposal of Lands in British Columbia;” the fourth is Clarke’s aforementioned report; the fifth is a draft reply from Newcastle to Douglas, with Grey minuting its “useful remarks;” and the sixth is an extract from Clarke’s letter that comments on discontent with BC’s “land for occupation” and offers an alternative scheme.
Clarke to Under-Secretary of State
Army & Navy Club
Monday
My dear Sir
I send you a Report on the British Columbia Papers and which I
now return.
I have written this report in the form of a proposed Order in
Council under the second section of the Act of 1858 providing for the
Government of British Columbia explaining each section as proposed.
I am aware that I have gone far beyond the intention with which
these Papers were sent me, but I found in reading them so many points
suggesting themselves as well as the difficulty of explaining an
isolated portion of a system that I have been rather forced to write
more than was perhaps necessary.
Even as it is I almost fear I have failed to explain clearly a
system which if it is 
adopted in B. Columbia will effectively secure
its settlement without on the one hand playing too much into the hands
of the Americans, or on the other checking Immigration from any quarter.
adopted in B. Columbia will effectively secure
its settlement without on the one hand playing too much into the hands
of the Americans, or on the other checking Immigration from any quarter.
As I believe that but little time ought to be lost to give to
B. Columbia a clearly defined land system—whatever system may be
adopted—I have sent the Report as first written. This and as most
of last week I 
was engaged in Colchester, will I trust plead for me
for the very imperfect shape I send this Report.
was engaged in Colchester, will I trust plead for me
for the very imperfect shape I send this Report.
The Under Secretary of State
Other documents included in the file
Minutes by CO staff
This Draft is submitted for approval.
Gov. Douglas appears to have followed the Canadian Law which was
sent as a model by Sir E. Lytton.
I have not introduced the 10th par of Sir F. Rogers' Report?
Other documents included in the file
*
Draft, Merivale to Emigration Commissioners, 24 February 1860, forwarding extract of Clark's letter and his report for information.
Minutes by CO staff
Mr Elliot
This is an interesting and to B. Columbia a most important subject for consideration—and one which you will know well how to handle.
This is an interesting and to B. Columbia a most important subject for consideration—and one which you will know well how to handle.
So far as I can make out Capn Clarke's views, & I may add
handwriting, I do not perceive that he has ansd the special point
whh the Duke wished him to consider, & for which purpose I placed
copies 
of these papers in his hands. I am not, myself, acquainted
with any precendent of a limit to persons of British origin of
occupation licenses in the Colonies. But the Land Board must know.
I feel every day that the regulations for disposing of the Lands in
B. Columbia and in V.C. Island are as important to the welfare of
these Colonies as the gold which, in the former Colony, has the credit
of making it so valuable. I annex for your convenience in reviewing
this subject the latest instructions issued by this Office. See also
Series 2 of B.C. Parly Papers.
of these papers in his hands. I am not, myself, acquainted
with any precendent of a limit to persons of British origin of
occupation licenses in the Colonies. But the Land Board must know.
I feel every day that the regulations for disposing of the Lands in
B. Columbia and in V.C. Island are as important to the welfare of
these Colonies as the gold which, in the former Colony, has the credit
of making it so valuable. I annex for your convenience in reviewing
this subject the latest instructions issued by this Office. See also
Series 2 of B.C. Parly Papers.
ABd
21 Oct/59
Disposal of Lands in British Columbia
At Mr Blackwood's suggestion I have looked into this matter,
and have reperused for my own satisfaction all the despatches from
the Governor and all the reports of the Land Board which we possess
on the subject.
The single practical question however at this moment pending is
what notice to take of a casual remark made by Governor Douglas. In
the course of a report on the general state of affairs, he laments
the slow progress of Surveys, and throws out the idea that perhaps it
may oblige
oblige him to permit the occupation of Lands, without their being
surveyed, on license. Mr Murdoch has pointed out that this course
has been followed by evil consequences elsewhere. Upon the question
so raised, some weighty and interesting remarks have been made in the
Minutes in our Office. Captn Clarke (formerly of Victoria)
having mentioned that he had some experience of licenses, was asked
for further information; and he has answered by sending in no less
than the draft of a long draft of an Order to be passed by Her
Majesty's Council, consisting of many Chapters and Sections; and
and
minutely regulating the whole treatment of land in British Columbia.
oblige him to permit the occupation of Lands, without their being
surveyed, on license. Mr Murdoch has pointed out that this course
has been followed by evil consequences elsewhere. Upon the question
so raised, some weighty and interesting remarks have been made in the
Minutes in our Office. Captn Clarke (formerly of Victoria)
having mentioned that he had some experience of licenses, was asked
for further information; and he has answered by sending in no less
than the draft of a long draft of an Order to be passed by Her
Majesty's Council, consisting of many Chapters and Sections; and
and
minutely regulating the whole treatment of land in British Columbia.
Captn Clarke should doubless be thanked for the great labor
which this task must have cost him, but whatever may be the merit in
other respects of his views, I think it will probably be agreed that
the idea of regulation by Order in Council should be dismissed. For
legislation of the proposed kind from an Office in Whitehall would be
certain to excite a spirit of resistance in the Colony and to be
condemned in this Country as an unwise dictation in matters
matters of detail.
matters of detail.
My own experience in such matters has led me to be humble in my
anticipations of what can be effected, and yet it has been somewhat
extensive. It is rather more than 30 years since I wrote an Abstract
of the effects at that period of licenses of occupation in New
South Wales. The same paper also reviewed the first land regulations,
and the reports of their operation, in New South Wales
and Tasmania, and in the North American Colonies. Since that time I
have seen the creation of the Colonies of Western
Western Australia, South
Australia, Port Phillip, New Zealand, and also such smaller or more
exceptional Settlements as the Falklands, Hong Kong and Labuan. In
the larger of those Colonies three quarters of a Million of
Englishmen are now settled upon many millions of acres, which, at the
date to which I refer, were either desert or inhabited only by Native
Tribes. I can well remember the devising of the several land
regulations for these places; the hopes with which we saw
enterprizing adventurers start for them; the complaints which we
received from many who were disappointed; and above all the numerous
reports both
both upon those parts of the successive regulations which
were found to be beneficial, and upon those others which proved to
be injurious. Of course it is impossible for any man however
unobservant to have been a witness of such a long series of kindred
events without forming some general opinions, and in this sense he
will be in danger of becoming justly liable to the designation of
doctrinaire. He will be doctrinaire in the sense in which a
Physician is doctrinaire about medicine, or a lawyer about law, or
any one else about any subject with which he is sufficiently
conversant to expect that similar consequences will
will flow from similar
causes.
Western Australia, South
Australia, Port Phillip, New Zealand, and also such smaller or more
exceptional Settlements as the Falklands, Hong Kong and Labuan. In
the larger of those Colonies three quarters of a Million of
Englishmen are now settled upon many millions of acres, which, at the
date to which I refer, were either desert or inhabited only by Native
Tribes. I can well remember the devising of the several land
regulations for these places; the hopes with which we saw
enterprizing adventurers start for them; the complaints which we
received from many who were disappointed; and above all the numerous
reports both
both upon those parts of the successive regulations which
were found to be beneficial, and upon those others which proved to
be injurious. Of course it is impossible for any man however
unobservant to have been a witness of such a long series of kindred
events without forming some general opinions, and in this sense he
will be in danger of becoming justly liable to the designation of
doctrinaire. He will be doctrinaire in the sense in which a
Physician is doctrinaire about medicine, or a lawyer about law, or
any one else about any subject with which he is sufficiently
conversant to expect that similar consequences will
will flow from similar
causes.
And yet after all the long years, and the Multiplied
experiments of vast extent to which I have above referred, so far
should I be from being presumptuous that I believe that the truths
about land which are worth enouncing from England are extremely few
and elementary. The following are perhaps the chief of them:
That land should be disposed of by sale and not by grants:
That it should be sold (unless under some overruling necessity)
necessity)
for cash and not for credit:
necessity)
for cash and not for credit:
That lots in Towns or in the neighbourhood of Towns should
always be sold by competition:
But that ordinary Country lots, after being once exposed to
Auction, should be purchaseable at the upset price as a fixed price,
so that settlers need not be obliged to wait for periodical public
sales:
That the Territory should be divided into reasonably small lots,
forming aliquot parts of square miles.
These seem to me the leading principles
principles which ought to be aimed
at in settling a new Country with people of European race, but then,
with the exception of the second, to which their attention has been
drawn and which must be admitted not to be of universal application,
they are the very principles which have been adopted and carried into
effect by the local authorities in British Columbia. They have been
willingly adopted, most of them before even hearing on the subject
subject
from England, so that it may be presumed that they are not contrary
to the wants and wishes or to the judgment of those residing on the spot.
principles which ought to be aimed
at in settling a new Country with people of European race, but then,
with the exception of the second, to which their attention has been
drawn and which must be admitted not to be of universal application,
they are the very principles which have been adopted and carried into
effect by the local authorities in British Columbia. They have been
willingly adopted, most of them before even hearing on the subject
subject
from England, so that it may be presumed that they are not contrary
to the wants and wishes or to the judgment of those residing on the spot.
But then there remains the question about occupation upon
License. The Governor, conscious of the evils that would attend his
being unable to put Settlers promptly on their lands, naturally
contemplates the simplest and most obvious remedy. Mr Murdoch on
the other hand with equal propriety points out that this remedy is in
other cases being followed by very injurious effects. It seems to me
that it is unnecessary for the Secretary of State to pronounce any
universal or authoritative decision on the subject. Governor Douglas
does not yet know that he will experience the evil and is not certain
whether he will try the remedy
remedy, but is merely speculating on the
future. Might not then such an answer as the following be suitable
to the case?
remedy, but is merely speculating on the
future. Might not then such an answer as the following be suitable
to the case?
Ackge his despatch. Say that the Duke of Newcastle's
attention has been attracted by his report of the inevitable delay in
bringing Country lots into the market, that his Grace fully concurs
concurs
with him in the importance of finding means to place Settlers
promptly on their lands, say that it is natural that it should occur
to his mind, in case the surveys cannot be advanced with sufficient
rapidity, to try the expediency of permitting occupation on license.
Remark that he will probably have perceived from the tenor of former
despatches to him, that there is no desire to fetter him by unbending
instructions, but on the contrary a wish to make every allowance for
the difficulties he meets with on the spot and to confide much to
his discretion, that from this general principle the
the Secretary of
State does not intend now to depart, but that it is only due to him
and the Community over which he presides to communicate to him the
light of past experience. In this point of view, transmit to him an
extract of Mr Murdoch's report, shewing the serious inconvenience
which has followed in other Settlements from having recourse to the
plan of allowing the occupation of lands upon license. Great as
might be the immediate relief derived from adopting that plan in B.
Columbia, no reason is apparent for hoping that it would not in the
end be attended
attended by the same effects which have been experienced
elsewhere. Under these circumstances no effort should be spared for
accelerating surveys sufficiently to provide if possible for the
wants of any incoming population. I should say that Colonel Moody's
experience will doubtless lead him to place a due value on the most
urgent necessities of the Colony, and that the Secy of State will
merely remark that the laying out of a reasonable extent of Country
lots in eligible situations appears the most desirable object to
which the strength of the Surveying Staff can
can in the first instance
be directed. The remark also which is contained in Mr Murdoch's
report about the relative urgency of Town and Country Surveys may be
deserving of consideration. In conclusion I should say that without
undertaking to prohibit occupation on license, if no other possible
means can be found for supplying a
bonâ fide demand for land, the Secretary of State feels no
doubt that Governor Douglas will see from the considerations made
known to him in the present despatch that it is of the utmost
importance to endeavour rather 
to survey the lands in time to dispose
of really definite and ascertained lots to Purchasers, instead of
running the risk of long future confusion & possibly expensive
litigation about the boundaries of the property proved to be conveyed
by the Crown.
concurs
with him in the importance of finding means to place Settlers
promptly on their lands, say that it is natural that it should occur
to his mind, in case the surveys cannot be advanced with sufficient
rapidity, to try the expediency of permitting occupation on license.
Remark that he will probably have perceived from the tenor of former
despatches to him, that there is no desire to fetter him by unbending
instructions, but on the contrary a wish to make every allowance for
the difficulties he meets with on the spot and to confide much to
his discretion, that from this general principle the
the Secretary of
State does not intend now to depart, but that it is only due to him
and the Community over which he presides to communicate to him the
light of past experience. In this point of view, transmit to him an
extract of Mr Murdoch's report, shewing the serious inconvenience
which has followed in other Settlements from having recourse to the
plan of allowing the occupation of lands upon license. Great as
might be the immediate relief derived from adopting that plan in B.
Columbia, no reason is apparent for hoping that it would not in the
end be attended
attended by the same effects which have been experienced
elsewhere. Under these circumstances no effort should be spared for
accelerating surveys sufficiently to provide if possible for the
wants of any incoming population. I should say that Colonel Moody's
experience will doubtless lead him to place a due value on the most
urgent necessities of the Colony, and that the Secy of State will
merely remark that the laying out of a reasonable extent of Country
lots in eligible situations appears the most desirable object to
which the strength of the Surveying Staff can
can in the first instance
be directed. The remark also which is contained in Mr Murdoch's
report about the relative urgency of Town and Country Surveys may be
deserving of consideration. In conclusion I should say that without
undertaking to prohibit occupation on license, if no other possible
means can be found for supplying a
bonâ fide demand for land, the Secretary of State feels no
doubt that Governor Douglas will see from the considerations made
known to him in the present despatch that it is of the utmost
importance to endeavour rather 
to survey the lands in time to dispose
of really definite and ascertained lots to Purchasers, instead of
running the risk of long future confusion & possibly expensive
litigation about the boundaries of the property proved to be conveyed
by the Crown.
Documents enclosed with the main document (not transcribed)
Report submitted by Clark in the form of an Order in Council
proposing a scheme for the disposal of crown lands in British Columbia
(25 pages).
Other documents included in the file
Minutes by CO staff
Mr Blackwood
This is an Extract from a Private & not very carefully worded Letter from the late Surveyor Genl of Victoria: but it contains I think some useful remarks & I am sure that he wd be glad to afford any further explanations on what I believe was generally considered to be a successful system under difficult circumstances.
This is an Extract from a Private & not very carefully worded Letter from the late Surveyor Genl of Victoria: but it contains I think some useful remarks & I am sure that he wd be glad to afford any further explanations on what I believe was generally considered to be a successful system under difficult circumstances.
Extract, Clarke to [Colonial Office], 8 September 1859, commenting
on reports of discontent concerning land distribution in
British Columbia, and outlining an alternate system based on his
experience as surveyor general of Victoria.
People in this document
Fortescue, 1st Baron Carlingford Chichester
Grey, Right Honorable, Second Baronet, Sir George
Lytton, Sir Edward George Earle Bulwer
Moody, Colonel Richard Clement
Murdoch, Thomas William Clinton