No. 50
               
            
            
            
            
               I would beg leave to refer Your Lordship to my despatch
               No. 20 of 
11th January. I therein acknowledged the receipt
               from Your Lordship of a letter from 
Sir James Douglascommenting
 commenting
               unfavorably upon the 
British Columbia Customs Ordinance 
1865.
               I expressed my opinion that though I believed the writer would
               wish the matter to drop, still it was better that my report
               should be placed on record.
               
               2.  I sent a note, copy of which is enclosed, to 
Sir James
                  Douglas.  I forward his reply.  As I anticipated he does not wish
               to proceed in the matter.  Our relations have
always
 always been of a very
               friendly nature and I have not informed him that I am in
               possession of a Copy of his letter.  Your Lordship will observe a
               statement hardly to be expected in a letter from 
Sir James
                  Douglas, he says—
               
               You know as well as I can point out that this is not one of
               Nature's favored Countries.  It has few natural attractions and
               will not thrive otherwise than by nursing
and
 and careful management.
               
               On whose reports other than 
Sir James Douglas's did the 
Duke of
                  Newcastle inform me that he appointed me to the Governorship
               of 
British Columbia without waiting for my acceptance, as he
               could not give any man a more interesting duty than that of
               developing the "marvellous resources of the Colony?"
               
               3.  I will not deny the statement contained in the second
               paragraph of the late
Governor's
 Governor's letter, that the Colony is now
               labouring under considerable depression.  Anyone who sets his
               foot in 
Victoria will see that the town is going through a period
               of considerable adversity, but on reaching 
New Westminster he will
               be much less struck by signs of decadence.  The Police Magistrate
               informs me in a letter which I enclose
               that there is but one dwelling house untenanted
               in the town, and in
further
 further support of my assertion I add a portion
               of an address presented to me by the Municipality of 
New Westminster
               on my return from England—
               
               While we cannot point to any very great progress made by this
               City during Your absence, it is a satisfaction to know
               that some substantial advancement has marked that period, and that
               the commercial crisis which has overtaken these Colonies
has
 has
               fallen with less severity upon this Community.
               
               
               4.  Proceeding Northward we find that in 
Yale there is not a
               house to let and at 
Cariboo, still our principal Gold field, a
               larger population is wintering than has ever yet passed the shorter
               days of the year in its severe climate.  Undoubtedly a good many
               road side houses on the main line of road have been closed, many for
               the not unsatisfactory
cause
 cause that the improvement in the roads has
               so facilitated travelling, that places of halt are less frequently
               required than formerly. The little town of 
Quesnelmouth has been
               almost abandoned in consequence of the road having been completed
               into the heart of 
Cariboo East and many habitations have been
               abandoned on the 
Douglas-
Lillooet route, as public favour has almost
               unquestionably given the
preference
 preference to the rival line by 
Yale and
               
Lytton.  Here may I mention incidentally that I am not the person to
               blame for the construction of competing roads, at a cost upwards of
               a hundred thousand pounds to the young Colony, leading to a single
               gold mine.  The mere keeping in repair of which is one of the
               heaviest charges on the revenue.
               
               5.  I admit that depression of a very serious degree now
presses
               presses upon the Colony.  But I see that comparatively an equal
               amount of gloom hangs over the neighbouring 
territory of Washington
               and State of 
Oregon.  The conclusion of the American war has
               caused a change in the current of emigration; it sets now from
               the Pacific to the Atlantic Coast.
               
               6.  To turn towards the reasons assigned by 
Sir James Douglas
               for the
present
 present despondency.  He attributes the depression to arise,
               first; from the temporary imposition of a tax  on the export of Gold.
               On this point I have only to say that the tax was recommended to
               the Legislative Council after consultation with the Mining Board of
               
Cariboo, elected by the Miners themselves, and that it passed
               through the Council without one adverse vote.  The principal
               opposition
to
 to its operation arose in 
Victoria, where public
               agitation has been matured into a science, and, had the mining
               population been left to itself it is probable that either the tax
               would have been endured without remonstrance or met with such
               temperate opposition as would have led to its repeal without
               attracting the notice of the whole Pacific Coast to our local
               jealousies—a notice which unquestionably
inflicted
 inflicted temporary
               injury.  But as to the Gold Export Tax having "driven hundreds of
               Miners in disgust from the Country," I must entirely dissent from
               the Statement of 
Sir James Douglas.
               
               7.  The tax on Gold has however been repealed and it forms
               but the introduction to the grievance of the Customs Ordinance of
               
1865.  The portion of the ordinance to which Your Lordship objected
               is about to be repealed
               
               
               
               

                     
                     Probably then by one of the 40 Acts coming.
                     
                  
               
               
               and
therefore
 therefore I would refer principally to
               the reports from all the Acting Magistrates of the mainland upon the
               manner in which the Ordinance has worked.  
Mr Brew, of 
New
                  Westminster considers that the Act was, "as it intended to be a
               positive benefit to 
this Colony."  
Mr O'Reilly, of the
               
Columbia
                  district says that,  "the Ordinance referred to has not affected the
               traders of the 
Columbia district."  
Mr Ball of 
Cariboo West
               cannot see  "that
the
 the Customs Ordinance of 
1865 in any manner
               brought about this reverse."  
Mr Sanders of 
Yale and 
Lytton reports,
               
               I am happy to be able to state that the description in
               question (that by 
Sir James Douglas) has in no way a general
               application to the District in my charge for not one house is
               uninhabited and not more than two shops closed—that commercial
               matters for some time past have been extremely depressed, business
               exceedingly dull—in fact almost
stagnant
 stagnant—cannot be denied, but
               to ascribe the consequent embarrassments to the effects of the
               Customs Ordinance is most absurd.
               
               
Mr Cox from 
Cariboo East reports, "I beg to state that the
               Ordinance referred to in no way contributed to the wretched condition
               of the Country."  
Mr Elliot of 
Lillooet says,
               "Whatever effect the Customs Ordinance may have had in other parts
               of the Colony, I am fully persuaded that in
the
 the Districts of 
Douglas
               and 
Lillooet it has not produced the evil."
               
               8.  I referred additionally to the Collector of Customs.
               He writes,
               
               that there is a change and a depression in the circumstances
               of the 
Victoria speculators it would be idle to pretend to deny—it
               is just as preposterous for them to pretend that their losses
               are attributable to the Customs Law here
               
               and later in his letter,
               
               The people of 
New Westminsterare
 are not losing ground.  There is
               no sort of political excitement among them.  No people can be more
               contented and satisfied with their Government and notwithstanding
               the crisis through which we are all passing there is nothing to
               discourage prudent men from looking forward hopefully to the future.
               
               
               9.  I wish to leave the magistrates principally to speak
               respecting the operation of the Customs Act on the mainland,
               but I must make a remark upon the eleventh
paragraph
 paragraph of 
Sir James
                  Douglas's letter.  He writes,
               
               the first measure of relief which I would suggest to Your
               Lordship and it will be hailed with joy by both Colonies is the
               immediate disallowance of the 
British Columbia Customs Amendment
               Ordinance 
1865.
               
               It so happens that at this very time a Bill is before the
               Council repealing the clause to which 
Sir James Douglas so
               particularly objects.  Every Member from 
Vancouver Island (now
               united with 
BritishColumbia Columbia
 Columbia) opposes the reversal of the general
               principal of the Measure.  Had I not in deference to Your
               Lordship's commands made a Government question of the withdrawal
               of the provision, which, in the opinion of the Lords of the
               Treasury imposed differential duties, I should be outvoted by a
               large majority.
               
               10.  
Sir James Douglas further writes,
               
               There is no cause for rivalry; no act can
ever
 ever make 
New Westminster
               what 
Victoria now is, a resort for ocean ships.  Were 
Victoria
               destroyed, 
New Westminster would not profit by the loss, on the
               contrary, it would be to her greatest possible calamity.
               
               This is not candid.  Since Union has taken place one of Her
               Majesty's Ships, much larger than any merchant ship that has ever
               visited the Colony, has passed repeatedly between 
Esquimalt and
               
New Westminster.  A vessel
that
 that could not by any possibility enter
               
Victoria.  Even when proceeding to 
Victoria in Her Majesty's
               Despatch boat "
Sparrowhawk" I have to drive five miles to
               Government House 
Victoria, whereas I embarked, on the 
Fraser
               within a few yards of this house.  There cannot be the slightest
               doubt that 
New Westminster is admirably situated for a place
               of large trade.
               
               11.  There are still local jealousies, though mitigated a
little
               little by Union.  There are difficulties but not of my creating.
               It was not I who expended enormous sums of borrowed money in
               making competing roads to a single gold mine.  Nor did I start
               two sea port Towns.  Two Capitals close together.  
Sir James
                  Douglas's policy was clever, and may have been able, in the
               furtherance of certain interests but it was in my opinion
               deficient in the characteristic proverbially
asserted
 asserted to be
               the best policy.
               
               12.  It may not be alien to the subject to enclose a
               return of the average prices of the principal articles of
               consumption according to the values reported by the Magistrates
               resident in 
Cariboo during the years 
1863, 
1864, 
1865 and 
1866.
               The steady reduction of prices is remarkable and shows that the
               Miner has no cause of complaint against the Customs
Ordinance
 Ordinance of 
1865.
               
               Minutes by CO staff
               
                
                  
                  
                  
                  
                     The Customs Act of 1865 is to be disallowed if an
                     amending Act is not recd before the 29th June.  Some 40
                     Acts have recently been passed but not yet come to hand—probably
                     the amending Act amongst them.
                     
                  
                  
                   
                  
                  
                     Some of the contents of this despatch supply useful general
                     information on the state and prospects of the Colony.
                     
                  
                  
                     No action is called for.  Put by?
                     
                  
                  
                   
                  
                  
                     Ordinance No. 5 of 1865—disallowed by desp. to Govr No. 40
                     21 June/67—See Treasy/6015/66.
                     
                     
                   
            
            
               Documents enclosed with the main document (not transcribed)
               
               
               
                
                  
                  
                     Douglas to 
Seymour, 
22 January 1867, declining to forward
                     the requested letter in light of the union of the colonies.
                     
 
                   
                  
                  
                     C. Brew, Police Magistrate, 
New Westminster, to Colonial
                     Secretary, 
21 January 1867, defending the customs ordinance 
1865.
                     
 
                   
                  
                  
                     H.M. Ball, Magistrate, 
Cariboo West District, 
18 January 1867,
                     report defending the customs ordinance.
                     
 
                   
                  
                  
                     W.G. Cox, Magistrate, 
Cariboo East District, 
29 January 1867,
                     report defending the customs ordinance.
                     
 
                   
                  
                  
                     A.C. Elliot, Magistrate, 
Lillooet District, 
1 February 1867,
                     report defending the customs ordinance.
                     
 
                   
                  
                  
                     W. Hamley, Collector of Customs, 
21 January 1867,
                     minute defending the customs ordinance.
                     
 
                   
                  
                  
                     Newspaper clipping, unnamed, no date, quoting the average prices
                     of the principal articles of consumption at 
Cariboo as reported by
                     the magistrates during the years 
1863 through 
1866.
                     
 
            
            
            
               
                  People in this document
                  
                        Adderley, C. B.
                  
                        Ball,  Henry Maynard
                  
                        Brew, Chartres
                  
                        Carnarvon, Earl
                  
                        Cox,  Charles
                  
                        Cox, William George
                  
                        Douglas, Sir James
                  
                        Elliot, Andrew Charles
                  
                        Elliot, Thomas Frederick
                  
                        Grenville, Richard
                  
                        Hamley, Wymond Ogilvy
                  Jadis, Vane
                  O'Reilly, Peter
                  Pelham-Clinton, 5th Duke of Newcastle Henry Pelham Fiennes
                  Sanders, Edward Howard
                  Seymour, Governor Frederick
                
               
                  Vessels in this document
                  HMS Sparrowhawk
                
               
                  Places in this document
                  British Columbia
                  Cariboo Region
                  Douglas
                  Esquimalt
                  Fraser River
                  Lillooet
                  Lytton
                  New Westminster
                  Oregon Territory, or Columbia District
                  Quesnel
                  Vancouver Island
                  Victoria
                  Washington Territory
                  Yale