Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Despatch to London
Birch, Arthur Nonus to
Cardwell, Edward 12 September 1865, CO 60:22, no. 10729, 328.
Abstract
Birch, Arthur Nonus to
Cardwell, Edward 12 September 1865, CO 60:22, no. 10729, 328.
Despatch to London.
Minutes (2), Enclosures (transcribed) (1), Enclosures (untranscribed) (10), Other
documents (1).
No. 107
12th September 1865
Sir,
I have the honor to forward a letter addressed to you by
Mr W.H. Newton, complaining of the injustice which he considers
he has received from the Governmentof
of this Colony and expressing
a hope that you will be pleased to order an investigation of his
case, with a view to compensation being awarded for the losses he
alleges he has sustained.
of this Colony and expressing
a hope that you will be pleased to order an investigation of his
case, with a view to compensation being awarded for the losses he
alleges he has sustained.
2. As the transactions to which Mr Newton refers took
place previous to my arrival in the Colony, I do not consider it
necessary to trouble you with any lengthened statementof
of my own
on the merits of this case. I will only refer you to the enclosed
letter written by Sir J. Douglas on a former petition presented to
Governor Seymour on his arrival in this Colony. I can however
bear testimony from personal observation that the valuation placed
upon the improvements by Sir James Douglas is far more correct than
the one given in Mr Newton's letter.
of my own
on the merits of this case. I will only refer you to the enclosed
letter written by Sir J. Douglas on a former petition presented to
Governor Seymour on his arrival in this Colony. I can however
bear testimony from personal observation that the valuation placed
upon the improvements by Sir James Douglas is far more correct than
the one given in Mr Newton's letter.
3. The statement as tothe
the Survey of the Indian Village in the
summer of 1862, is I believe, perfectly true, but the then Commissioner
of Lands and Works acted without Authority, and no one could have
known better than Mr Newton the dissatisfaction expressed by the
Indians at the paucity of the Reserve laid out, and upon their
representing the facts to Sir James Douglas, Authority was immediately
issued to theSurvey
Survey Department to increase the Reserve to the full
extent claimed by the Indians. Delay may have occurred in carrying
out these instructions but the decision arrived at by Sir James
Douglas was well known at the time, consequently Mr Newton must
have been aware that his tenure of the land was uncertain, and
any improvements he might make would be subject to forfeiture.
4. Under
the Survey of the Indian Village in the
summer of 1862, is I believe, perfectly true, but the then Commissioner
of Lands and Works acted without Authority, and no one could have
known better than Mr Newton the dissatisfaction expressed by the
Indians at the paucity of the Reserve laid out, and upon their
representing the facts to Sir James Douglas, Authority was immediately
issued to theSurvey
Survey Department to increase the Reserve to the full
extent claimed by the Indians. Delay may have occurred in carrying
out these instructions but the decision arrived at by Sir James
Douglas was well known at the time, consequently Mr Newton must
have been aware that his tenure of the land was uncertain, and
any improvements he might make would be subject to forfeiture.
4. Under these circumstances Mr Newton, has, in my opinion,
no claim to compensation other than was offered in my letter of the
19th May 1865.
5. It is somewhat ingenious of the writer of this Letter to
appeal to your sympathy as a "struggling Colonist." Mr Newton is
in the Hudson Bay Company's Service and until within the last few
months was Chief Trader at Fort Langley, one of the Company's Posts.He is
He is now employed in the Head Establishment at Victoria and I
cannot suppose he would leave so certain and permanent an employment
for the vicissitudes of a Settler's life, and have always considered
the land held by him in this Colony was merely for speculative
purposes.
He is now employed in the Head Establishment at Victoria and I
cannot suppose he would leave so certain and permanent an employment
for the vicissitudes of a Settler's life, and have always considered
the land held by him in this Colony was merely for speculative
purposes.
Minutes by CO staff
Mr Elliot
The letter from Sir Jas: Douglas to Govr Seymour (last enclosure) explains this case. Mr Newton appears to have obtained possession of the land thro' a mistake on the part of the Commissr of Lands & Works.
The letter from Sir Jas: Douglas to Govr Seymour (last enclosure) explains this case. Mr Newton appears to have obtained possession of the land thro' a mistake on the part of the Commissr of Lands & Works.
VJ
4 Nov
Documents enclosed with the main document (not transcribed)
W.H. Newton to Cardwell, 30 August 1865, claiming compensation
for land both pre-empted and bought by him and subsequently
incorporated in an Indian reserve.
Sketch map showing the various boundaries referred to in the
letter as noted above.
R.C. Moody to Newton, 22 June 1863, advising that a survey party
would depart for Katzie "in case you may wish to be present and shew
the land claimed by you."
Newton to W.A.G. Young, Colonial Secretary, 22 October 1863,
advising that changes to the Indian reserve had taken virtually all
his improved land, and claiming compensation.
Arthur Birch, Colonial Secretary, to Newton, 19 May 1864,
advising that although Douglas was of opinion that he had no claim to
the land, Seymour was prepared to pay compensation.
Other documents included in the file
Draft reply, Cardwell to Officer Administering the Government,
No. 88, 11 November 1865.
Documents enclosed with the main document (transcribed)
My dear Governor Seymour.
I have received your letter and now return the enclosures. Newton’s claim is familiar to me, and I have already decided on its merits; as you will
see by referring to the correspondence on that subject.
As against the Indians he has no claim whatever, there can be no pretense for narrowing
the very limited
limited area (about 100 acres) assigned to them as a Reserve; the real question is
between Newton and Her Majesty’s Government. This will be better understood by the following brief
history of the case — The Katsy Village has been on Indian Settlement from time immemorial, and the Natives though occasionally
absent, have never relinquished, or by any act of the contumacy forfeited their right
to the land — All Indian settlements are expressly exempted from occupation by the
Pre-emption Acts, and no Settler can legally enter upon land occupied or cultivated
by Indians or
or establish any legal claim thereto. The first Settler at Kaitsy was a Mr Manson, who it appears transferred his right to Newton. the former made no claim to the Village site, but Newton did consult me about occupying it, stating that it had been abandoned by the Indian
Inhabitants; but knowing this to be a fallacy, I advised him not to occupy it, and
told him most distinctly that the land was secured to the Indians and could not be
alienated by the Government.
limited area (about 100 acres) assigned to them as a Reserve; the real question is
between Newton and Her Majesty’s Government. This will be better understood by the following brief
history of the case — The Katsy Village has been on Indian Settlement from time immemorial, and the Natives though occasionally
absent, have never relinquished, or by any act of the contumacy forfeited their right
to the land — All Indian settlements are expressly exempted from occupation by the
Pre-emption Acts, and no Settler can legally enter upon land occupied or cultivated
by Indians or
or establish any legal claim thereto. The first Settler at Kaitsy was a Mr Manson, who it appears transferred his right to Newton. the former made no claim to the Village site, but Newton did consult me about occupying it, stating that it had been abandoned by the Indian
Inhabitants; but knowing this to be a fallacy, I advised him not to occupy it, and
told him most distinctly that the land was secured to the Indians and could not be
alienated by the Government.Newton cannot therefore plead ignorance as to the legal status of the land. Now comes the
gist of
of the matter the Commissioner of Lands & Works was directed to mark out that and
other Indian Reserves. It appears that through some mistake only 10 acres were included
in the land laid out as
of the matter the Commissioner of Lands & Works was directed to mark out that and
other Indian Reserves. It appears that through some mistake only 10 acres were included
in the land laid out as Kaitsy Reserve; though it was notorious that the Indians occupied and claimed a larger area.
Newton taking advantage of that error notwithstanding the protests of the Indians, and without
waiting to ascertain from the Commissioner of Lands & Works as to the fact of the
remaining portion of the Reserve being open to Pre-emption immediately added it to
his own claim 
claim — but on the complaint of the Indians the true line was, by my orders restored,
and if Newton was a sufferer I think, under the circumstances he has nobody but himself to blame
as he could not be ignorant of the risks he wilfully incurred by that unjustifiable
proceeding.. It is clear that the Indians could not be legally deprived of their inheritance
by the unauthorised act of the Commissioner of Lands & Works — the only question that
remains is, if by the act of that office, liability was incurred on the part of the
Government; and I should simply leave Newton to test
test that point, and to seek his remedy by appeal to the Law Court of the Colony —
a course that will deter other attempts at imposition.
claim — but on the complaint of the Indians the true line was, by my orders restored,
and if Newton was a sufferer I think, under the circumstances he has nobody but himself to blame
as he could not be ignorant of the risks he wilfully incurred by that unjustifiable
proceeding.. It is clear that the Indians could not be legally deprived of their inheritance
by the unauthorised act of the Commissioner of Lands & Works — the only question that
remains is, if by the act of that office, liability was incurred on the part of the
Government; and I should simply leave Newton to test
test that point, and to seek his remedy by appeal to the Law Court of the Colony —
a course that will deter other attempts at imposition.Let Trutch visit the Kaitsy Village and value Newtons improvements I am sure they will not amount to fifty dollars in all.