Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Despatch to London
Douglas, Sir James to Pelham-Clinton, 5th Duke of Newcastle Henry Pelham Fiennes 23 April 1861, CO 60:10, no. 5164, 202.
Abstract
Despatch to London.
Minutes (5), Other documents (5), Marginalia (1).
Douglas writes to Newcastle to transmit copies of several acts, which are as follows: the “Southern Boundary
Act,” "Country Land Act 1861," "Pre-emption Amendment Act 1861," and a final act to remit “the purchase of lands in British Columbia to Officers of the Royal Army and Navy.”
The minutes note the prolonged absence of a report from the Attorney General, particularly on the nature Douglas's acts. Rogers then asks to refer the first act to the the Board of Trade, and the others to the
Land Board.
The first of the five documents included in the file is a draft letter from Elliot to Emigration Commissioners, which forwards copies of Douglas's proclamations for their observation and comment; the second is a draft letter from
Elliot to Booth, Board of Trade, which forwards a copy of the “Southern Boundary Act” for approval;
the third is a draft replay from Newcastle to Douglas, which reports the Queen's approval of Douglas's acts; the fourth is a draft letter from Elliot to the War Office Under-Secretary, which forwards Douglas's act relative to he acquisition of land by military settlers; the fifth is a draft
reply from Newcastle to Douglas, which notes the absence of Cary's comments on Douglas's acts, and inquires as to the reason for the same.
No. 27
23 April 1861
I have the honour to inform Your Grace that I have lately
issued the Proclamations mentioned in the accompanying Schedule;
and I herewith transmit Copies of the same for theinformation
information of Her Majesty's Government.
information of Her Majesty's Government.
2. The "Southern Boundary Act", authorizing, on certain
terms, the importation of goods overland into British Columbia,
pending the completion of the communications, is a measure which
the increasing population of that district of the Colony, whose
wants were inadequately supplied by the Frasers River route, has
rendered indispensable. That difficulty will not be felt to the
same extent whenthe
the road from Hope to Rock Creek is completed according to the plans, now in rapid progress; and will probably
altogether cease as the advance of cultivation and settlement
places the country in a more independent position with respect
of foreign supplies of food. This concession has been necessarily
qualified by the imposition of a fine of 3 per cent in addition
to the duties collected at New Westminster, not as a differential duty, which might have led to internationalquestions
questions with the
United States, but to defray the great expense of collecting
the duties on the frontier, and not, as the Law requires, at
the regular port of entry.
the road from Hope to Rock Creek is completed according to the plans, now in rapid progress; and will probably
altogether cease as the advance of cultivation and settlement
places the country in a more independent position with respect
of foreign supplies of food. This concession has been necessarily
qualified by the imposition of a fine of 3 per cent in addition
to the duties collected at New Westminster, not as a differential duty, which might have led to internationalquestions
questions with the
United States, but to defray the great expense of collecting
the duties on the frontier, and not, as the Law requires, at
the regular port of entry.
3. The "Country Land Act 1861" reduces the price of all
unsurveyed country land, whether acquired by occupation or
purchase, under the Proclamation of 1860, and the minimum
upset price of all unsurveyed country land exposed for sale
at public auction, to 4s/2d per acre, in accordancewith
with the
authority conveyed in Despatch No 41, of the 16th July 1860.
with the
authority conveyed in Despatch No 41, of the 16th July 1860.
4. The "Pre-emption Amendment Act 1861" has been issued in
consequence of Her Majesty's Sanction of the Preemption Act of
1860, conveyed in Your Grace's despatch No 64 of the 6th of
December 1860, and embodies the amendments in the Act of 1860,
suggested in Your Grace's Despatch of the 7th of May 1860,
with some further provisions in respect to the form of land
acquired underthe
the Preemption Act of 1860. This highly important
measure has been weighed with careful attention, and I feel
assured that Her Majesty's Government will never have cause to
regret the initiation of a wise and liberal policy which will,
if anything can accomplish that object, ensure the occupation
and settlement of the vast domains of the Crown in British Columbia.
the Preemption Act of 1860. This highly important
measure has been weighed with careful attention, and I feel
assured that Her Majesty's Government will never have cause to
regret the initiation of a wise and liberal policy which will,
if anything can accomplish that object, ensure the occupation
and settlement of the vast domains of the Crown in British Columbia.
5. The other Act, passed in consequence of instructions in
Despatch No 34 of the 19thMarch
March 1859, provides for remissions in the purchase of lands in British Columbia, to Officers of the Royal Army
and Navy, on the same conditions as in Her Majesty's
other Colonies where those advantages have not been discontinued;
and contains only the usual provisions.
March 1859, provides for remissions in the purchase of lands in British Columbia, to Officers of the Royal Army
The term "Royal Army" will include, I presume, the Amalgamated
Indian Army. This point, if open to doubt, shd be cleared up.
ABd
11 June
6. I will forward the Attorney General's remarks on those Acts
as soon as they come to hand. Trusting that they may meet with the
approvalof
of Her Majesty's Government.
of Her Majesty's Government.
Minutes by CO staff
(Recd 11th.)
TFE
11 June
FR
12/6
Sir F. Rogers
The Report of the local Attorney General on these Acts
not yet arrived—and so long a period has elapsed since their receipt (8 June) as to render it probable that the subject has escaped notice in the Colony.
The Report of the local Attorney General on these Acts
not yet arrived—and so long a period has elapsed since their receipt (8 June) as to render it probable that the subject has escaped notice in the Colony.
The second Act (N 30) is referred to in a subsequent Act
N 35 herewith annexed.
VJ
22 Nov
Refer the 1st Act to the Bd of Trade & the others to
the Land Board with reference to 25 wh I presume has already been so referred some days back.
And write to the Govr requesting to know why the Atty Genls report has not been sent.
Other documents included in the file
Draft, Elliot to Emigration Commissioners, 5 December 1861,
forwarding copies of the proclamations for observation and suggestions.
Draft, Elliot to Under-Secretary, War Office, 20 December 1861, forwarding copy of proclamation relative to the acquisition of land by military
settlers, for information.