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 21 January 1862, CO 60:13, no. 2623, 9.
Abstract
Despatch to London.
Minutes (11), Enclosures (untranscribed) (1), Other documents (3).
Douglas writes to Newcastle to share reports of gold at the Stikine and Nass River regions, and a report of coal on the Stikine. Douglas expects “hundreds” of miners to travel to the region, and he is concerned that this
influx will affect Russian relations in “British Possessions north of Latitude 56°.”
Douglas cites articles from an 1825 treaty with Russia that allows, among other things, British
ships to pass “without any hindrance” through Russian-held waters and on to “Her Majesty's
Territories.” Finally, Douglas asks the British government to “obtain from the [Russian] Emperor an explicit recognition
of those rights.”
The minutes agree that Douglas's despatch should be printed for parliament and sent to the Foreign Office for response,
particularly on the question of “imposing duties on goods imported into British across
Russian territory.” The minutes discuss the larger legal and political questions on the administration
of “the Territories north of B.C. & not belonging to the H.B.C.”
The file includes four documents. The first is a British Colonist newspaper clipping, 10 January 1862, entitled The Stickeen River Gold Rush; the second is a draft letter from Elliot to Hammond, Foreign Office, which forwards Douglas's despatch for consideration; the third is a draft letter from Elliot to the Attorney General and Solicitor General, which details concerns in the northern
territories and discusses how best to establish British authority in light of the
gold rush; the fourth is a draft reply from Newcastle to Douglas, which discusses legal and judicial matters related the “Stickeen Territories.”
Separate
21 January 1862
I had the honour of laying before Your Grace in my Despatch
marked "Separate," of the 16th of September last, certain
certain
statements relative to the recent discovery of Gold on the Stickeen River, and I have now further to communicate that those statements
have been fully confirmed by Alexandre Choquette, an adventurous
Miner, who lately arrived with specimens of Gold which he found
in that quarter.
certain
statements relative to the recent discovery of Gold on the Stickeen River, and I have now further to communicate that those statements
have been fully confirmed by Alexandre Choquette, an adventurous
Miner, who lately arrived with specimens of Gold which he found
in that quarter.
2. Choquette is an experienced Miner, having been engaged
in that business for several years in
in California, and for the
last two years he has devoted the greater part of his time to
the examination of the Rivers debouching from the Northern Coast
of British Columbia.
in California, and for the
last two years he has devoted the greater part of his time to
the examination of the Rivers debouching from the Northern Coast
of British Columbia.
3. His modest narrative, which will be found in the enclosed
cutting from the "British Colonist" of the 10th of January,
instant, proves the existence of productive surface diggings to
the extreme point of Stickeen
Stickeen River which he succeeded in reaching
about 115 miles from the sea. The Gold is clear and bright, in
minute particles, and cannot be economically saved without the
aid of mercury; it however increased in size as he ascended the
stream, leading him to the apparently well founded conclusion that
like the great valley of Frasers River, the interior of the Stickeen
contains
contains rich deposits of the precious metal.
Stickeen River which he succeeded in reaching
about 115 miles from the sea. The Gold is clear and bright, in
minute particles, and cannot be economically saved without the
aid of mercury; it however increased in size as he ascended the
stream, leading him to the apparently well founded conclusion that
like the great valley of Frasers River, the interior of the Stickeen
contains
contains rich deposits of the precious metal.
4. Specimens of Gold have also been brought from the "Nass"
or Simpson's River, the boundary of British Columbia to the North;
and from these indications it is with equal probability assumed
that extensive gold fields will ere long be discovered in the
valleys of both the Nass and Stickeen Rivers.
5. Already parties of Miners
Miners are preparing to start for those
Gold-fields and hundreds will follow their example should their
success prove at all satisfactory.
Miners are preparing to start for those
Gold-fields and hundreds will follow their example should their
success prove at all satisfactory.
6. I herewith forward for Your Grace's inspection, specimens
of Gold from the "Nass" and Stickeen Rivers.
7. I may also mention as a fact of great importance connected
with Mr Choquette's discoveries, and illustrative of the physical
character of the country, that coal is found
found cropping out from the
banks at two several points on the Stickeen River. At one of those
places, about 80 miles distant from the sea, Mr Choquette found
a 36 inch seam of good bituminous coal: the other out-crop is
much nearer the coast, and was pointed out by the Indians who
accompanied him on his journey, but not having actually inspected
the seam, he can give no idea
idea of its quality as a fuel, or of its
commercial value.
found cropping out from the
banks at two several points on the Stickeen River. At one of those
places, about 80 miles distant from the sea, Mr Choquette found
a 36 inch seam of good bituminous coal: the other out-crop is
much nearer the coast, and was pointed out by the Indians who
accompanied him on his journey, but not having actually inspected
the seam, he can give no idea
idea of its quality as a fuel, or of its
commercial value.
8. The probable increase of trade and population and the
material changes which may soon take place in Her Majesty's Northern
Possessions on this coast in consequence of these discoveries
naturally lead to the consideration of the effect which such changes
may have on our relations with Russia.
9. The
9. The British Possessions north of Latitude 56o are hemmed
in and divided from the sea by the line of coast ceded to Russia,
and are accessible to ships or vessels arriving from the ocean
only, by passing through the Russian Territory.
10. The right of freely navigating the inland seas and Gulfs
on the Coast, without trouble or molestation, as a means of access
to Her Majesty's Territories
Territories thus becomes a necessity, and appears
to be implied in the 6th article of the convention between His
Majesty and the Emperor of Russia of the 28th of February 1825,
which provides as follows:
Territories thus becomes a necessity, and appears
to be implied in the 6th article of the convention between His
Majesty and the Emperor of Russia of the 28th of February 1825,
which provides as follows:
It is understood that the subjects of His Britannic Majesty,
from whatever quarter they may arrive, either from the ocean, or
from the interior of the continent, shall for ever enjoy the right
of navigating
navigating freely, and without any hindrance whatever all the
rivers and streams which in their course to the Pacific Ocean, may
cross the line of demarcation upon the line of Coast
namely ten Marine leagues from the ocean ceded to Russia by the
4th article of the same Treaty.
navigating freely, and without any hindrance whatever all the
rivers and streams which in their course to the Pacific Ocean, may
cross the line of demarcation upon the line of Coast
namely ten Marine leagues from the ocean ceded to Russia by the
4th article of the same Treaty.
11. I understand by this Article of the Convention that British
Subjects are for ever secured in the free navigation of the
the Coast,
and in the privilege of passing freely with their ships and property
to and from the Stickeen and all other rivers and communications
through which access may be had to the British Settlements and
Territory bordering on the line of coast north of Latitude 56o
held by Russia, and I beg to be corrected if my impressions as
to those rights, are not in accordance with the perceived
interpretation of the Treaty.
the Coast,
and in the privilege of passing freely with their ships and property
to and from the Stickeen and all other rivers and communications
through which access may be had to the British Settlements and
Territory bordering on the line of coast north of Latitude 56o
held by Russia, and I beg to be corrected if my impressions as
to those rights, are not in accordance with the perceived
interpretation of the Treaty.
12. Much
12. Much as I wish to avoid giving umbrage to Russia, either
by violations of Her Territory, or interference with Her Trade, I
clearly foresee how utterly impossible it will be to restrain the
rush of people towards that quarter, should gold prove to be
abundant on the Stickeen and other rivers of the Coast.
13. I trust indeed that the Emperor's Government, duly
allowing for the difficulties of the situation, will
will be accommodating
and considerate in their decisions, permitting British Vessels to
anchor when necessary in the Bays and Harbours of the Coast, as
well as at the mouths of Creeks and Rivers: and neither seeking
to impose restrictions on British trade, nor to levy duties on
goods in transit to the gold-fields of the interior, which would
be less justifiable, as, the settlement of Sitka excepted, the
coast is unoccupied by public or private establishments, and either
either
wholly desert, or at best partially inhabited by bodies of wandering
Savages.
will be accommodating
and considerate in their decisions, permitting British Vessels to
anchor when necessary in the Bays and Harbours of the Coast, as
well as at the mouths of Creeks and Rivers: and neither seeking
to impose restrictions on British trade, nor to levy duties on
goods in transit to the gold-fields of the interior, which would
be less justifiable, as, the settlement of Sitka excepted, the
coast is unoccupied by public or private establishments, and either
either
wholly desert, or at best partially inhabited by bodies of wandering
Savages.
14. As such questions are likely soon to be pressed by
approaching events upon Your Grace's attention, I have thought it
expedient to touch upon them at this time in order that I may have
Your Grace's instructions, and trusting it may be convenient for
for
Her Majesty's Government to revise the Convention of 1825, and to
obtain from the Emperor an explicit recognition of those rights
of navigation which have been secured to British Subjects.
for
Her Majesty's Government to revise the Convention of 1825, and to
obtain from the Emperor an explicit recognition of those rights
of navigation which have been secured to British Subjects.
15. I have also to request Your Grace's instructions with
respect to the Government of that Territory, which is beyond the
limits of British
British Columbia, and for authority to impose taxes
for defraying the expenses of Government.
British Columbia, and for authority to impose taxes
for defraying the expenses of Government.
I have etc.
Minutes by CO staff
Sir F. Rogers
The usual course would be to acknowledge this Desp. & print it for Parliament, but there is an important question raised as to the Construction of the Treaty with Russia of 1825—upon which you will probably consider it necessary to consult the Foreign Office? The Govr also asks for instructions for the Govt of the Territory beyond the limits of the Colony.
The usual course would be to acknowledge this Desp. & print it for Parliament, but there is an important question raised as to the Construction of the Treaty with Russia of 1825—upon which you will probably consider it necessary to consult the Foreign Office? The Govr also asks for instructions for the Govt of the Territory beyond the limits of the Colony.
VJ
17 M
Mr Elliot
The dph should clearly be sent to the F.O. with a request to be informed whether the 6th Art. of the Treaty of Feby 28 1825 is to be held as precluding the Russians from imposing duties on goods imported into British across Russian territory by way of the streams or rivers described in that article. And whether in Lord Russell's opinion it wd be practicable to arrive at any understanding which wd secure such importation from obstruction or impost.
The dph should clearly be sent to the F.O. with a request to be informed whether the 6th Art. of the Treaty of Feby 28 1825 is to be held as precluding the Russians from imposing duties on goods imported into British across Russian territory by way of the streams or rivers described in that article. And whether in Lord Russell's opinion it wd be practicable to arrive at any understanding which wd secure such importation from obstruction or impost.
The question respecting the mode of governing the Territories
beyond British Columbia is one with wh you may wish to deal.
The Act 23 & 24 Vict. C. 121 may possibly be found useful.
FR
17/3
Mr Fortescue
Sir F. Rogers has advised as to the question about relations with Russia. As
As to the other point, I feel greatly at a loss what
opinion to give, but I rather anticipate that you will be reluctant
to form a new and distinct Government to the North of B. Columbia
until the necessity shall be confirmed by some further and more
substantial experience. The boundaries of British Columbia are
fixed by act of Parliament. On the North they consist of Simpson's
River and the Finlay branch. By a very rough estimate made by me
on the map, I should reckon it at more than 400 miles from the
mouth of the Fraser to the Finlay Branch, and at nearly 200 more
to the River Stickeen. This is the situation of the place at
which the question of forming a new Government is presented.
Sir F. Rogers has advised as to the question about relations with Russia. As
As to the other point, I feel greatly at a loss what
opinion to give, but I rather anticipate that you will be reluctant
to form a new and distinct Government to the North of B. Columbia
until the necessity shall be confirmed by some further and more
substantial experience. The boundaries of British Columbia are
fixed by act of Parliament. On the North they consist of Simpson's
River and the Finlay branch. By a very rough estimate made by me
on the map, I should reckon it at more than 400 miles from the
mouth of the Fraser to the Finlay Branch, and at nearly 200 more
to the River Stickeen. This is the situation of the place at
which the question of forming a new Government is presented.
TFE
12 April
Duke of Newcastle
The F.O. should of course be consulted as to the Convention with Russia, which appears to meet the case, as far as free access is concerned.
The F.O. should of course be consulted as to the Convention with Russia, which appears to meet the case, as far as free access is concerned.
The
question put by the Govr, at the end of his desp.,
seems premature. I have got the Act of 1859 for the appointment
of Magistrates in the Indian Territory, before me, & forget whether
it extends W. of the Rocky Mts. If it does, it wd go far to
meet the case.
question put by the Govr, at the end of his desp.,
seems premature. I have got the Act of 1859 for the appointment
of Magistrates in the Indian Territory, before me, & forget whether
it extends W. of the Rocky Mts. If it does, it wd go far to
meet the case.
CF
15
Whether or no the Act of 1859 extends to the region in
question (& I think it does) it is quite premature to raise
the question of a new & separate Govt. The first thing to be
done, &, unless otherwise suggested by Ld Russell, I think
the only thing at present is to send this to the F.O. & consult
them as to the bearings of the Convention.
N
19
The D of N's minute decides agst any separate Govt
as premature. But I am not sure how far H.G. decides that
temporary arrangement for governing the country provisionally
is equally premature.
I apprehend the Act of 1859 clearly applies to these
Territories. But practically it would be inconvenient to make
use of it—first because the Justices of the Peace who are to
administer Justice must be appointed (as I understand) by Her
Majesty i.e. (I rather infer) at home—whereas it wd be
convenient that appointments shd be made promptly &
pro re ratâ on the spot. Secondly because it gives no power
of raising money to pay these Justices.
Mr Douglas mt however
be told that H.M.G. wd be ready to appoint any persons
whom he mt indicate to be (unpaid) Justices of the Peace
beyond the limits of B.C. with the powers conferred by 1 &
2 Geo 4 c. 66 and 22 & 23 Vict. c. 26.
Mr Douglas mt however
be told that H.M.G. wd be ready to appoint any persons
whom he mt indicate to be (unpaid) Justices of the Peace
beyond the limits of B.C. with the powers conferred by 1 &
2 Geo 4 c. 66 and 22 & 23 Vict. c. 26.
Or Mr Douglas might receive a commission as Govr or
Administrator of the Territories north of B.C. & not belonging
to the H.B.C. with special power to Appt judges or justices
& to deal with Crown Lands. This wd give him the power of
issuing Gold Licences, but not (I shd think) of imposing
penalties for breach of any regulation he mt make affecting
Crown Lands or Gold.
Or an Order in Council might be made (under the Act to
amend the Falkland I. Act) wh I conceive applies
to these
Territories declaring that the Govr of B.C. for the time
being should be administrator of the abovementd Territories—with
the above powers and also that of making regulations for the
conduct of the Gold Fields, & the order mt impose a penalty
not exceeding [blank]£ on breach of such regulations.
to these
Territories declaring that the Govr of B.C. for the time
being should be administrator of the abovementd Territories—with
the above powers and also that of making regulations for the
conduct of the Gold Fields, & the order mt impose a penalty
not exceeding [blank]£ on breach of such regulations.
This Order in C. if made shd be first submitted to the
Law Office.
I shd be disposed either to defer the question till there
was some real appearance of a rush to these regions, or to proceed
by the most effectual method—that by Order in Council.
FR
16/6
Duke of Newcastle
I am much disposed to agree with Sir F.R. in preferring the mode of proceeding by Order in Council under the Act of 1860
and I should think the Order might be framed, submitted to the
Law Officers, & sent out in drafts to the Govr for his opinion,
in anticipation of the necessity for it, which is almost sure to
arise from the rapid extension of the Gold Fields to the Northwards.
I am much disposed to agree with Sir F.R. in preferring the mode of proceeding by Order in Council under the Act of 1860
and I should think the Order might be framed, submitted to the
Law Officers, & sent out in drafts to the Govr for his opinion,
in anticipation of the necessity for it, which is almost sure to
arise from the rapid extension of the Gold Fields to the Northwards.
CF
19
Considering the length of time required for communication with
B. Columbia and the rapidity with which events are marching
in these territories I think it would not be prudent wholly to
postpone the question of a temporary form of Government. I
prefer the mode of proceeding by Order in Council under the Act,
not I think of 1859 (as stated by Mr Fortescue) but of 1860,
first submitting the Order to the Law Officers.
N
21
I meant to say 1860. i.e. 23 & 24 Vict. c. 121.
Documents enclosed with the main document (not transcribed)
Other documents included in the file
Draft, Elliot to E. Hammond, Foreign Office, 2 May 1862, forwarding
copy of the despatch for consideration.
Draft, Elliot to Attorney General and Solicitor General, 3 July
1862, explaining in detail the situation in the northern territory and
discussing the best mode of establishing British authority should
the expected gold rush materialize.
Minutes by CO staff
Mr Fortescue
What are the new districts to be called & note an Order on Council.
What are the new districts to be called & note an Order on Council.
FR
27/6
"The Stikeen Territory?"
Other documents included in the file
Draft reply, Newcastle to Douglas, No. 134, 26 July 1862, discussing legal and judicial matters related the “Stickeen Territories.”