Separate
               
            
            
               22 April 1861
               
            
            
               I have the honor to forward the accompanying Memorial to
               Your Grace, at the request of 
Mr J.A.R. Homer and seven
               other persons, professedly Delegates representing
the
 the towns
               of 
Hope, 
Douglas, and 
New Westminster, at a series of political
               meetings lately held at the latter place.
               
               2.  This movement, so far as I have been able to gather,
               originated with a very few persons;  and its chief object was
               stated to be the attainment of Representative Institutions;
               a topic necessarily popular, and which was used on this occasion
               to excite the public mind and induce the inhabitants of 
New Westminster, 
Douglas, and 
Hope, the three towns nearest to the
               Coast, to elect Delegates to serve in what was termed a Convention
               ostensibly for the
purpose
 purpose of acting as a Council of Advice to
               the Governor, of correcting abuses, and of obtaining Representative
               Institutions.
               
               3.  When and how the elections were conducted at 
Hope and
               
Douglas, has not been alluded to in the quarterly reports received
               from the Magistrates of those Towns;  and must therefore, I presume,
               have attracted little or no attention;  but the proceedings of
               the 
New Westminster election are described in the enclosed cuttings
               from the "New Westminster Times"—the Editor of that paper was
               one of the
leaders
 leaders of the movement, and a disappointed candidate
               for the honors of election;  consequently his strictures may be
               embittered by defeat, and should be received with some allowance.
               
               4.  As the meeting was conducted with perfect order and good
               humour, no official notice was taken of the proceedings, other
               than would have been given to any public exhibition got up for
               the amusement of the people.  The Memorial to Your Grace, now
               forwarded, is, I believe, the only result of the movement; the
               Delegates having since dispersed and returned to their homes.
               
            5. On 
            
            
               5.  On the one single occasion when they sought a personal
               interview with me, I declined receiving them as representatives
               of the inhabitants of 
British Columbia;  but I had no hesitation
               in meeting them, with all courtesy, as a deputation of Her
               Majesty's Subjects from 
Douglas, 
Hope, and 
New Westminster,
               assembled for the purpose of petitioning the Crown.
               
               6.  They did not favour me with their opinion on public affairs,
               but judging from the pointed reflections upon the whole system of
               import and inland duties levied on goods in 
British Columbia, which
               the
memorial
 memorial regards as oppressive to the people, the one favourite
               financial idea evolved, is, that there should be a general
               reduction of taxation.  They do not pretend to proportion expenses
               to income, but propose to carry on the public works requisite for
               the development of the Colony, by means of public loans;  their
               object being to obtain present exemption from taxation by throwing
               a part of the current expenditure upon the future inhabitants of
               the Colony—a measure which is not without a show of justice, and
               has therefore many zealous advocates, especially among the temporary
population
               population of the Colony.
               
               7.  Having by these preliminary remarks given Your Grace some
               idea of the origin, and object, so far as in known, of this
               movement, I shall now proceed to a review of the Memorial.
               
            
            
               8.  The first prayer of the petitioners is for a resident
               Governor in 
British Columbia, entirely unconnected with 
Vancouver Island.  Your Grace will perhaps pardon me for not hazarding any
               observation on a subject that so nearly concerns my own official
               position.  I may
however
 however, at least remark that I have spared no
               exertion to promote the true interests of both Colonies;  and
               am not conscious of having neglected any opportunity of adding
               to their prosperity.  The Memorial then proceeds to the subject
               of Representative Institutions, asking for a form of Government
               similar to that existing in Australia, and the Eastern British
               North American Provinces.  This application should perhaps be
               considered more with reference to the future well-being of the
               Colony, than to the views and wishes of the existing population.
               Without pretending to question
the
 the talent and experience of the
               petitioners, or their capacity for legislation and self-government,
               I am decidedly of opinion that there is not as yet a sufficient
               basis of population or property in the Colony to constitute a
               sound system of representative government.  The British element
               is small;  and there is absolutely neither a manufacturing nor
               farming class;  there are no landed proprietors except holders of
               building-lots in towns;  no producers except miners;  and the
               general population is essentially migratory:  the only fixed
               population, apart from 
NewWestminster Westminster
 Westminster, being the Traders,
               settled in several inland towns from which the Miners obtain
               their supplies.  It would I conceive, be unwise to commit the
               work of legislation to persons so situated, having nothing at
               stake, and no real vested interest in the Colony.  Such a course,
               it is hardly unfair to say, could scarcely be expected to promote
               either the happiness of the people, or the prosperity of the
               Colony;  and it would unquestionably be setting up a power that
               might materially hinder and embarrass the Government in the
               great work of developing the resources of the Country:  a power
               not representing
large
 large bodies of landed proprietors, nor of
               responsible settlers having their homes, their property, their
               sympathies and their dearest interests irrevocably identified
               with the Country, but—from the fact before stated of there being
               no fixed population except in the Towns—a power exclusively
               representing the population of those Towns.  Judging from the
               ordinary motives which influence men, it may be assumed that
               local interests would weigh more with a legislature so formed,
               than the advancement of the great and permanent interests of the
               Country.
               
 
            
            
               9. I have reason to believe that the Memorial does not
               express the sentiments of the great body of the people of 
British
                  Columbia:  not that I would for a moment assume that Englishmen
               are, under any circumstances, unmindful of their political
               birth-right;  but I believe that a majority of the reflective and
               working classes would, for many reasons, infinitely prefer the
               Government of 
the Queen, as now established, to the
               
rule of a party; and would think it prudent to postpone the
               establishment
               of Representative Institutions until the permanent population
of
 of
               the Colony is greatly increased, and capable by moral influence
               of maintaining the peace of the Country, and making Representative
               Institutions, a blessing and a reality, and not a by-word and a
               curse.
               
               10.  The total population of British origin, and from the
               Colonies in North America, in the three towns supposed to be
               represented by the Memorialists, is as follows:
               
               
               New Westminster..........164 Male adults
               
               
Hope.....................108   D
o
               
               Douglas...................33   D
o
               
               In all...................305
               
               which, supposing perfectB
               unaminity in their views respecting Representative
Institutions
 Institutions,
               is a mere fraction of the population.  Neither the people of 
Yale,
               
Lytton, 
Cayoosh, 
Rock Creek, 
Alexandria, nor 
Shimilkomeen appear
               to have taken any interest in the proceeding, or to have joined
               the movement party.
               
               11.  From the satisfactory working of the 
New Westminster
               Town Council, established last summer with large powers for
               Municipal purposes, I entertained the idea of enlarging the
               sphere of their operations, and of constituting similar bodies
               at 
Hope, 
Yale,
Cayoosh Cayoosh
 Cayoosh, and all other towns in 
British Columbia,
               with the view, should it meet the approval of Her Majesty's
               Government, of ultimately developing the whole system into a
               House of Assembly.  Part of that scheme has already been commenced
               at 
Yale and 
Hope.  The Government may by that means call into
               exercise the sagacity and local knowledge of practical men, and
               acquire valuable information on all local matters;  thus reaping
               one of the advantages of a legislative assembly, without the
               risks:  and I still think
the
 the Colony may, for some time to come,
               be efficiently represented in that manner.
               
               12.  The existing causes of dissatisfaction as alleged in the
               Memorial may be classed under the following heads;
               
               1
st  That the Governor, Colonial Secretary, and Attorney
               General, do not reside permanently in 
British Columbia.
               
               2
nd  That the taxes on goods are excessive as compared
               with the population, and in part levied on Boatmen, who derive
               no benefit from them: and that there is no land-tax.
3rd That
               
               3
rd That the progress of 
Victoria is stimulated at the
               expense of 
British Columbia, and that no encouragement is given to
               Ship-building, or to the foreign trade of the Colony.
               
               4
th  That money has been most injudiciously squandered on
               public works; and contracts for roads given without any
               public notice, which have been subsequently sub-let by the
               Contractors at much lower rates.
               
               5
th  The faulty administration of public lands:  and that
               lands have been declared public reserves, which have been afterwards
claimed
               claimed by parties connected with the Colonial Government.
               
               6
th  The want of a Registry Office for the record of
               transfers and mortgages.
               
               13.  The first complaint—the Governor, Colonial Secretary, and
               Attorney General, not residing permanently in 
British Columbia,
               scarcely requires comment from me.  Your Grace is aware that I
               have a divided duty to perform, and that if, under the present
               circumstances of the Colony, the Colonial Secretary, and Attorney
               General resided permanently in 
British Columbia,
their
 their offices
               would be little less than a sinecure;
               
               
               
                  
                     If this is really the case—and it is not improbable—the apptment
                     of an Attorney 
Genl for 
B.C., which the Governor has recommended
                     the 
Duke of Newcastle to make, may be deferred without any public injury, and with a small saving of expense.
                     
 
               
               the public service would
               be retarded, and a real and just ground for complaint would exist.
               Although the Treasury is now established at 
New Westminster, and
               the Treasurer resides permanently there, I have no hesitation in
               saying that it would be far more for the benefit of the public
               service if that Department were still at 
Victoria.
               
               14.  The complaint of over-taxation is not peculiar
to
 to 
British Columbia, but whether it is well founded or not, may perhaps be
               best inferred from the example of other countries.  Judging by
               that estimate, the people of 
British Columbia have certainly no
               reason to complain of their public burthens—for the United States'
               tariff, which is rigourously enforced in the neighbouring Ports of
               
Washington Territory, averages 25 per cent on all foreign goods,
               spirits and other articles of luxury, on which a much higher rate
               of duty is charged, excepted.
The
  The citizen of 
Washington Territory has also to pay the Assessed, Road, and School Taxes, levied by
               the Territorial Legislature.  In contrast with those taxes, the
               import duty levied in 
British Columbia is only 10 per cent, with
               a similar exception of spirits, and a few articles of luxury, which
               pay a higher duty:  while all other taxes levied in the Colony are
               also proportionably as light, compared with those of 
Washington Territory.  I might further state as a
peculiar
 peculiar advantage, that
               two-thirds of the taxes raised in 
British Columbia, have been
               expended in making roads, and other useful public works, which
               have produced a reduction of not less than 100 per cent on the
               cost of transport, and nearly as great a saving in the cost of
               all the necessaries of life;  so that while the communications
               are being rapidly improved, the people are, at the same time,
               really reaping from those works, substantial
benefits
 benefits, more than
               compensating the outlay.
               
               15.  With respect to the complaint about the Boatmen, they had
               no claim whatever to be exempted from the operation of the law
               imposing a duty indiscriminately on all goods passing upwards from
               
Yale, neither did the duty bear at all upon them, as they were
               merely carriers, and not the owners of the goods;  the real question
               at issue was whether the inland duty should be charged on goods
               carried from 
Yale by 
water as well
as
 as by 
land, and was nothing
               more than a scheme concerted by the owners of the goods to benefit
               themselves at the expense of the public revenue.
               
               16.  And here I would beg to correct an error in the Memorial
               with respect to the population of 
British Columbia, which is therein
               given at 7,000—exclusive of Indians—making an average annual rate
               of taxation of £7.10/ per Head.  The actual population, Chinamen
               included, is about 10,000, besides a native Indian population
               exceeding 20,000,
making
 making a total of 30,000, which reduces the
               taxation to about £2 per Head, instead of the rate given in the
               Memorial.  
It must be remembered that all the white population
                  are adults, and tax-paying;  there being no proportionate number
                  of women or children, and it is a great mistake to suppose that
                  the Native Indians pay no taxes.  They have, especially in the
               Gold Districts, for the most part abandoned their former pursuits,
               and no longer provide their own stores of
food
 food.  All the money
               they make by their labour, either on hire, or by gold-digging, is
               expended in the country, so that the Indians have now become
               extensive consumers of foreign articles and contribute very
               largely to the Colonial Revenue, even more perhaps in proportion
               to numbers, than the class of Miners who annually emigrate from
               the Colony with their earnings.
               
               17.  I did not expect to find the Authors of the Memorial
               advocating a land tax, seeing that so small
a
 a quantity of land
               has been alienated by the Crown, that the tax would really produce
               hardly an appreciable effect on the revenue, while it would
               operate as a check on the sale of land, and become oppressive to
               an interest which much requires the most careful fostering on
               the part of Government.
               
               18.  Nothing can be more unfounded than the next allegation,
               that the progress of 
Victoria has been stimulated at the expense of 
British Columbia &c—in fact it is difficult to see how the
               prosperity of
Victoria Victoria
 Victoria could injure 
British Columbia, their interests
               being inseparable and identical.  The Ports of 
British Columbia are
               open to the ships and trade of all nations—equally with 
Victoria
               and the Ports of 
Vancouver Island;  and the one has no advantage
               over the other, except such as Nature has conferred in placing
               
Victoria in the most accessible and convenient situation for trade.
               Every attention has been paid to rendering 
Fraser's River safe
               and accessible, the channels have been carefully
surveyed
 surveyed, and
               marked with conspicuous Buoys;  and foreign vessels may go direct
               to 
New Westminster, without calling at 
Victoria, or any
               intermediate Port, and the Port Dues are the same whether vessels
               clear originally from 
Victoria, or come directly from foreign parts.
               It is impossible in fact, to imagine a more perfect equality of
               Legislative protection than is given to these two Ports.
               
               19.  I have had applications, under various pretexts, from
               almost every interest in the
Colony
 Colony, for remission of duties,
               and I have steadily resisted all such applications, on the ground
               that class legislation is vicious and in the main leads to
               injustice and discontent.  It is moreover very doubtful if the
               proposed remission of duty on ship-building materials would
               advance that interest, as long as the timber business of 
New Westminster is a monopoly in the hands of a few persons who keep
               timber at an unreasonably high price.
               
               20.  With respect to the fourth and fifth Complaints,
as
 as I
               was not cognizant of any circumstances affording grounds for
               them, I addressed a letter to the Chief Commissioner of Lands and
               Works, whose Department they more immediately affected, and I
               forward herewith a Copy of that Officer's Report, from which it
               will be seen that no just cause exists for the allegations made.
               
               21.  The want of a Registry Office, which also forms a subject
               of complaint, arises solely from our not having succeeded in
               maturing the details of a measure, which
is
 is, I find, replete with
               difficulties of no ordinary kind;  but Your Grace may rely that
               an Act providing for the Registration of Real Estate will be
               passed as soon as practicable.
               
               22.  Before concluding this Despatch, I will submit a few
               observations on the financial system of 
Vancouver Island in
               contrast with that of 
British Columbia;  explanatory of their
               distinctive features, and their applicability to the Colonies
               respectively.
               
               23.  The Public Revenue of
Vancouver Vancouver Island
 Vancouver Island is almost wholly
               derived from taxes levied directly on Persons, Professions, Trades,
               and Real Estate:  on the other hand, it is by means of duties on
               Imports, and on goods carried inland, that the Public Revenue of
               
British Columbia is chiefly raised.  No other plan of finance has
               been suggested, by which a Public Revenue could be raised, that
               is so perfectly adapted to the circumstances of both Colonies, or
               that could be substituted, or applied interchangeably with
               advantage
to
 to the Sister Colony.  The reasons may be thus stated—the
               low-priced and bulky productions of 
Vancouver Island will
               not bear the cost of exportation to any British Possession, and
               are virtually excluded from the markets of the Mother Country by
               the distance, and expense of the voyage.  A precisely similar
               result is produced through the almost prohibitory duties levied
               in the neighbouring Ports of Oregon and California;  the former,
               moreover, abounding in all the natural productions common to
               
Vancouver Island, except coal;  and neither being
inferior
 inferior in
               point of soil, climate, or any physical advantage.  Thus practically
               debarred from commercial intercourse, and denied a market for its
               produce, it became painfully evident that the Colony could not
               prosper, nor ever be a desirable residence for white settlers,
               until a remunerative outlet was found for the produce of their
               labour.  It was that state of things which originated the idea
               of creating a home-market;  and the advantageous position of
               
Victoria for commerce, suggested Free Trade as the means, which
which
 was from thenceforth adopted as a policy, with the object of
               making the Port a centre of trade and population, and ultimately
               the commercial entrepot of the North Pacific.  That policy was
               initiated several years previous to the discovery of Gold in
               
British Columbia, and has since been inflexibly maintained.
               
Victoria has now grown into commercial importance, and its value
               and influence can hardly be overrated:  financially it furnishes
               four-fifths of the Public Revenue:  it absorbs
the
 the whole surplus
               produce of the Colony;  and is a centre from whence settlements
               are gradually branching out into the interior of 
the Island.
               Thus 
Victoria has become the centre of population:  the seat of
               trade:  a productive source of revenue;  and a general market for
               the country:  the settlements are all compactly situated within
               a radius of 20 Miles, except those which are accessible by sea,
               there is therefore no pressing call for large expenditures in the
               improvement of internal communications.  Roads
are
 are opened when
               required, with due regard, and in proportion to the means of the
               Colony;  its vital interests not being greatly affected by any
               unavoidable delay.
               
               24.  The circumstances of 
British Columbia are materially
               different from those just described.  That Colony has large
               internal resources which only require development to render it
               powerful and wealthy.  Its extensive Gold-fields furnish a highly
               remunerative export, and are rapidly attracting trade and population.
               Mining
has
 has become a valuable branch of industry, and essentially
               the vital interest of the Colony:  it has therefore been my
               unceasing policy to encourage and develope that interest.  The laws
               are framed in the most liberal spirit, studiously relieving Miners
               from every species of direct taxation, and vesting in the Mining
               Boards a general power to amend and adapt their provisions to the
               special circumstances of the Districts.
               
               The Government has moreover charged itself with other more
               onerous
duties
 duties in furtherance of the same object, by opening roads
               through the most difficult mountains into all parts of the Country,
               to facilitate commerce and transport, and to enable the Miner to
               pursue his arduous labours with success.  Three different lines of
               road have been successfully carried through the Coast Range of
               Mountains, and Mining Districts 500 Miles distant from the sea,
               have been rendered accessible by routes hitherto unknown.
The
 The
               extension and improvement of works so pressingly required, and
               indispensable to the progress and development of the country, still
               claim the anxious care of Government.  The greatest difficulty was
               experienced in providing funds to meet the necessary large
               expenditure on those works,  and that object was accomplished by
               imposing an Import Duty on goods, as the only feasible means of
               providing a revenue adequate to the public exigencies;  it was
               justly supposed that
any
 any tax levied directly on the mining
               population would lead to clamour and discontent, without being
               productive of revenue;  whereas the indirect tax is not felt
               as a burden, and, I believe, makes no appreciable difference in
               the prices which Miners have to pay for their supplies.
               
               25.  I have entered into the foregoing review of the
               administrative systems adopted in 
British Columbia and 
Vancouver Island, in answer to the assertion of
the
 the Memorialists that
               "every exertion is apparently made to stimulate the progress
               of 
Vancouver's Island at the expense of 
British Columbia" and
               to prove that my measures have been ever calculated to promote
               to the fullest extent the substantial interests of both Colonies.
               
               26.  I trust Your Grace will pardon the length to which this
               Despatch has reached;  in forwarding the Memorial however,
established
               established rule required that I should accompany it by a report,
               and I could not well do so in fewer words.
               
               I have the honor to be
               My Lord Duke,
               Your Grace's most obedient
               and humble Servant
               
James Douglas
               
               Minutes by CO staff
               
                
                  
                  Mr Elliot
                     This excellent despatch will be of great service whenever
                     the 
Duke of Newcastle finds himself able to go into the Memorials
                     
recd last year from certain persons in 
B.C. praying for a
                     representative form of 
Govt &c &c.
                     
 
                  
                  
                     Put with the previous papers.
                     
                  
                  
                  
                  
                  Mr Fortescue
                     I should think there can be little doubt that the introduction
                     of a representative Assembly in 
British Columbia would

 be premature
                     and that the establishment of party Government would be not only
                     premature but pernicious.  On the other hand the creation of
                     elective Municipal Bodies, with suitable powers, seems an excellent
                     preparation for a future general Assembly.
                     
 
                  
                  
                     The complaints appear well met by the Governor. As regards
                     the lands however, it is perhaps right to mention that 
Colonel
                        Moody was only in a position to report on the 
surveyed lands,
                     so that any of the complaints which touch unsurveyed lands remain
                     for the present unanswered.  I think that it would be satisfactory
                     to have some explanation on the subject of the Memorialists'
                     allegation that lands have been declared public reserves and
                     afterwards claimed by parties connected with the Colonial Government.
                     
                     The Governor's despatch appears to me very able, and
                     calculated to inspire confidence in his judgment and in his
                     intentions.  The public has always seemed to me fortunate in
                        obtaining at this remote and inaccessible settlement, so far out
                        of the reach of much control from home, a Governor of so much
                        self-reliance and practical ability.
                     
                  
                  
                   
               
               
                  
                  
                     Duke of Newcastle
                     This desp. affords strong grounds for declining to comply
                     with the prayer of the Petitioners, and for deferring the
                     introduction of Representative institutions into 
B. Columbia.
                     I think the Memorialists may be told, that you

 are satisfied
                     that their complaints agst the 
Govt are, to a great degree,
                     founded upon misapprehension, but that every exertion will be
                     made by the 
Govr in order that every just cause of complaint
                     may, as far as possible, be removed.  And that, with respect to
                     the remedy wh. they propose for all alleged grievances, viz. the
                     introduction of the form of 
Govt wh. prevails in the
                     Australian & B.N. American Colonies, your Grace is convinced
                     that, under the present circes of 
B. Columbia, such a form of
                     
Govt wd. be unsuited to the early state of progress through
                     wh. the Colony is passing, and wd. not promote the public interests.
                     So young & still unformed a Community—while you believe that
                     the Mining Boards and the Municipal Institutions wh. have been
                     established in some of the towns, & will, doubtless before long
                     be extended to others, will be found of the greatest value in
                     enabling the inhabitants to manage their own local affairs, in
                     providing

 a form of communication between the people and the
                     
Govt on the more general affairs of the Colony, & in laying
                     a safe & sound foundation for a future Representative superstructure.
                     
 
                  
                  
                     I have only proposed to allude to what the Memorialists ask
                     for—viz—the Australian & B.N. American forms of Govt.  But
                     it is obvious that there may be a far simpler & safer form of
                     representative institutions, and it might be well to ask the
                     Govr whether he sees his way towards the introduction before
                     any long time, of some such simple form—a Council for instance
                     elected by properly qualified voters—or consisting of Members
                     elected by the Mining Boards & Municipalities from among their
                     own bodies.
                     
                  
                  
                  
                   
                
            
            
               Documents enclosed with the main document (not transcribed)
               
               
               
                
                  
                  
                     Newspaper clipping, New Westminster Times, 5 January 1860, "Convention Meeting."
                     
                   
                  
                  
                     Newspaper clipping, New Westminster Times, 12 January 1861, "Convention Election."
                     
                   
                  
                  
                     Newspaper clipping, 
New Westminster Times, 
20 February 1861, "
British Columbia
                     Convention."
                     
 
                  
                  
                     R.C. Moody to Colonial Secretary, 
1 April 1861, commenting on passages in the memorial relating to roads and the administration
                     of land.