Fisher to Granville
               
            
            
               
               
                     Grosvenor Buildings
                     
                  
                     Tithebarn Street
                     
                  
                     Liverpool
                     
                  
               September 10th 1869
               To The Right Honorable
               The Earl of Granville
               Secretary of State for the Colonies
               &c   &c   &c
               
               
               
May it please Your Lordship
                
            
            
               With reference to the interview I had the honour of having with
               your Lordship together with a deputation of certain Members of
               Parliament regarding the affairs of 
British Columbia, and more
               particularly the question of the removal of the seat of
               Government from 
New Westminster to 
Victoria Vancouvers Island, I
               have now much pleasure in placing before your Lordship, as
               requested, a full statement of our case feeling fully confident
               that the same will meet with every consideration at your hands
               and at the same time assist in enabling you to arrive at a just
               decision as to the merits of our Petition now before you.
               
               In the first place I have the honor to acknowledge receipt of a
               letter from 
Mr Monsell dated 
4th August, enclosing, according
               to your Lordships instructions copy of a dispatch dated
 16th February 1869
               16th February 1869 to our late 
Governor Frederick Seymour
               regarding the prayer of a certain Petition presented to your
               Lordship by the Municipal Council of 
New Westminster whom I have
               the honor to represent.
               
               I would most respectfully draw your Lordships attention to the
               same in reconsidering our case and would mention the following facts.
               
            
            
               That after the site of the capital had been selected by Lieut:
               
Colonel Moody of the Royal Engineers, Lieut: Governor
               and Chief Commissioner of Lands and Works of the Colony
               of 
British Columbia, and the said selection endorsed by His
               Excellency 
Sir James Douglas the then Governor of the
               Colony and approved of by Her Majesty's in council, certain
               advertizements were inserted in the Government Gazette and
               elsewhere together with the Royal Proclamation declaring that 
New
                  Westminster was the capital of the Colony and that Her Majesty
               had been pleased to bestow a name upon the then embrayo [sic] City.
               
               
               
               These advertisements set forth that a public auction would take
               place upon a certain day by the Government of the lots in the
               said City & called attention to the fact of 
New Westminster
               having
been
 been established by law and royal proclamation the
               Capital of the Colony, as an inducement to intending purchasers
               to invest at the said sale.
               
               Trusting implicitly in these statements so publicly made by the
               authority of the Government of a Crown Colony a large number of
               Colonists attended the Sale, and as will be shewn the lots then
               purchased brought extraordinary high prices when compared with
               the then market value of Crown lands generally.
               
            
            
               As we have previously set forth the whole of the purchase
               money some $90,000 was absorbed in the general revenue of the
               Colony.  Now we are prepared to prove upon most reliable
               evidence and I would mention to your Lordship the name of
               
General Moody RE now in England, that at the time of Sale, and
               before a single lot was sold, the question was publicly
               and directly put by several intending purchasers to the
               Government Agent who offered the said lots for sale "if 
New
                  Westminster was established as the Capital of the Colony?"  The
               Answer given was that such was the case, and attention moreover
               called by the said Agent to the Royal Proclamation establishing
               the fact.
               
               I would further represent that the question was also asked "How
               the Government
intended
 intended to appropriate the proceeds of the
               Sale?"  The answer to this important question which we are
               prepared to prove by most reliable evidence should a Commission
               of enquiry be granted, was that the Government would devote the
               whole proceeds to the making of roads and bridges and the
               improving of Streets within the town.  I may mention that at
               that time the whole town site was a dense forrest and the said
               roads and streets merely existed upon the plan made by the
               Government and according to which the lots were sold.
               
               Upon these assurances the sale proceeded and having full
               confidence in the representations made by the Government, the
               lots not only brought high prices but were mainly purchased not
               by Speculators but by those who looked forward to making for
               themselves and family a permanent home.
               
            
            
               After the purchase money had been paid over to the Government
               the people naturally looked to them for the fulfillment of their
               pledge as regards roads, streets and bridges, but while the
               obligation was not denied on the part of the Government, the
               required work was not performed nor was any money devoted for
               the purpose.
               
            
            
               Being anxious for colonial as also personal interests, to make
               the town worthy of the name of the Capital of 
British Columbia,
               the Colonists who
purchased
 purchased lots applied for, and obtained a
               Municipal Constitution establishing a Council and investing it
               with certain powers to levy taxes upon City property to perform
               the work which the Government had distinctly promised as a
               condition of Sale should be done out of the purchase money.
               
               This Council during the eight years of its existence raised and
               expended the sum of Forty four thousand five hundred dollars,
               say $44,500, from taxes and borrowed Thirteen thousand three
               hundred and eighty six dollars ($13,386) making a total of say
               Fifty seven thousand eight hundred and eighty six dollars, say
               $57,886.  The whole of this sum was expended in making streets,
               roads and bridges in the town site and entirely independent of
               private enterprise which would make the sum actually expended
               considerably over One Million dollars.  The energy and
               enterprise of the inhabitants in clearing the forrest, erecting
               handsome buildings, many of which are of stone, and generally
               overcoming the wild obstructions of nature have been set forth
               in several dispatches by the late 
Governor Frederick Seymour to
               the Colonial Office, and I may mention that acting upon these
               substantial signs of progress and also the fact of 
New
                  Westminster being established by the Government as the Capital,
               induced many Colonists to take up and purchase land in the
               immediate neighbourhood and establish themselves as farmers,
               investing large sums
and
 and a great amount of labour and energy in
               developing the same.
               
               At the time of 
New Westminster being proclaimed the Capital of
               the Colony, 
Vancouvers Island was part of the same Colony but a
               few years afterwards was for imperial and local reasons
               disunited and a Governor sent from Downing Street to each of the
               then distinct Colonies.
               
               In 
1865 an agitation set in on 
Vancouvers Island to unite again
               with 
British Columbia under one Government on the grounds of
               retrenchment in the public service.  This agitation and proposed
               union was opposed by 
British Columbia, not only through its
               legislative Council, who passed repeatedly resolutions setting
               forth that they believed such union would be detrimental to the
               interests of the Colony, but also by 
Governor Seymour to whose
               despatches on the subject I would refer your Lordship.
               
               Notwithstanding such Union was approved of by the Imperial
               Government on the ground of reducing the expenditure of the two
               Colonies as distinct Governments and your Lordship will notice
               by the resolution of the 
Vancouvers Island Legislature passed at
               the time, such Union was asked for and granted as an
               
"unconditional union."
               
               Soon after this "unconditional union" certain parties interested
               in real estate at 
Victoria Vancouvers Island commenced an
               agitation for the removal of the Capital from 
New Westminster to
               their City and while the same was popular as far as the Island
               was concerned and amongst those located at Victoria and in its
               immediate neighbourhood it received no favor at the hands of the
               resident population of the Mainland (
British Columbia proper).
               
               I would merely ask your Lordship to refer to dispatches now in
               your office from the late 
Governor Frederick Seymour on the
               subject of this agitation and also his public statement
               contained in his speech from the vice royal throne in opening
               the Legislative Council wherein he states that in his opinion
               "public faith and honour are surely pledged in favour of 
New
                  Westminster" and furthermore says that "Should the matter be
               pressed before his consideration he would advise Her Majesty's
               Government to command him and his Successors in Office to reside
               permanently at 
New Westminster."
               
               After such Statements from the Governor of the Colony made as
               the representative of her Majesty, and in the most public manner
               and having full confidence in the good faith of the Government
               and justice of our cause, the residents of 
New Westminster and
               Colonists settled on the Mainland generally, deemed it
               unnecessary and inadvisable to create a
counter
 counter agitation on the
               subject as they rightly believed such agitation would be hurtful
               to the general interest and well being of the Colony.
               
               In proof of this I would state that not even a petition, which
               in a Colony with a large mining and foreign floating population
               is an easy matter to procure, was presented to your Lordship's
               predecessor in Office against the removal of the Capital which I
               humbly consider was a sure sign of the confidence we had as a
               community, deeply interested in the honor and integrity of the
               Government, endorsed and upheld by their representative.
               
            
            
               Failing in attaining their object or creating that amount of
               sympathy to further their ends in the Colony itself, means were
               adopted by the Agitators to bring forward certain Petitions
               from those interested in real estate at 
Victoria but resident in
               
London, and in a despatch dated Downing Street, 
October 1/67 to
               
Governor Seymour the said Petitions were forwarded by his Grace
               the 
Duke of Buckingham and Chandos with permission to quote the
               authority of the Home Government in support of the removal of
               the Capital to 
Victoria.
               
               I refer your Lordship to these said petitions and also the
               answer of the late Governor dated 
New Westminster December
                  24/67, to the above mentioned despatch
in
 in which he speaks of
               "the easy but lengthy task of commenting on the statements
               contained in the printed Memorials" which comments or expression
               of opinion were not even asked for by his Grace the 
Duke of
                  Buckingham and Chandos.
               
               These petitions from residents in 
London were set forth as the
               opinions and wishes of the whole Colony, and the result of the
               same, and also the before mentioned despatch, was that in
               opening the Legislative Council for the Session of 
1868 His
               Excellency the late 
Governor Frederick Seymour stated that "Her
               Majesty's Government were of opinion that in my message of the
               
27th March 1867, I took an extreme view as to the extent to
               which public faith and honour are pledged to the Purchasers of
               land in 
New Westminster."
               
               The result of this, and without an appeal to the Colonists at
               the polls, or the question being brought before the Country,
               the site of the Capital was removed from 
New Westminster to
               
Victoria by a Legislative Council not having full
               representative powers and composed of Gentlemen nearly all
               interested in real Estate at 
Victoria.
               
               I would state that the result of this removal has been ruin and
               disaster to many a home, the labour and persevering energy of
               the inhabitants of 
New Westminster and also the farmers in the
               immediate neighbourhood who look to that City for their market,
               has by this removal been rendered comparatively worthless at a
               time when they were beginning to look forward
to
 to reap the
               benefits likely to accrue for the location of the seat of Government.
               
               Furthermore the Municipal Council of 
New Westminster did in the
               year 
1862 with the consent and concurrence of the Government
               issue Debentures secured from the Municipal Revenues of the
               City, to the amount of Thirteen thousand three hundred and
               eighty six dollars ($13,386) which Debentures will shortly fall
               due.  By taking away the seat of Government the city property
               has been deprived of that value which alone constituted the
               basis of investment and thereby removed those conditions which
               called for and imparted practical effect to the exercise of
               municipal functions.
               
               Through the Government failing to perform their part of the
               Contract in improving and making streets and roads this money
               required had to be borrowed by the Municipal Council and the
               interest paid by general taxation on the City property.
               
            
            
               Through the act of the Government that property purchased from
               them and the proceeds of which purchase they have received, has
               depreciated so much in value by the unexpected and unlooked for
               removal of the Capital, that real estate has become nearly
               worthless as taxation to pay even the interest upon this amount
               is rendered impossible and the Municipality unjustly deprived
of
               of the means to fulfil its pledges to their fellow Colonists.
               
               On behalf of the Municipal Council which is the only
               representative body on the mainland, I am prepared to prove
               should your Lordship be pleased favorably to consider the
               appointment of a Commission of enquiry into the matter:
               
               
            
            
            
            
               THAT for imperial and Colonial reasons such removal from the
               centre of population and the producing part of the Colony to a
               town on an outlying Island was inadvisable.
               
            
            
               THAT 
Victoria owing to its Geographical position is unsuited as
               the Capital of a future important Colony like 
British Columbia
               and ALSO that the pledges which I have before mentioned were
               most distinctly and publicly given.
               
               
               Your Lordship in your despatch to his Excellency the late 
F.
                  Seymour dated 
16th February 1869 advised the Municipal Council
               to bring their case before the Legislative Council. I would state
               that before the removal of the Capital took place  the Municipal
               Council of 
New Westminster placed a formal protest against such
               removal in the hands of 
Excellency F. Seymour, which protest
               bears date 
April 7th 1868 and it is therein stated that in the
               event of the removal of the seat of Government, they would
look
 look
               to the Government for the redemption of the Debentures issued by
               them as before mentioned.
               
               This protest was laid before the Legislative Council by the late
               Governor and will be found in the Sessional Papers of the
               Council for 1868.
               
            
            
               As a Crown Colony, not having full representative powers and
               considering the removal an act of the Home Government we come to
               you for redress, feeling it to be a case entirely within the
               power of the Imperial Government to help, from the fact of our
               being a Crown Colony and not having those representative powers
               through our Legislative Council able to deal with such an
               important question.
               
            
            
               We consider we have undoubted claims both in equity and law, and
               while being adverse to creating a hurtful agitation in the
               Colony or taking other steps which have been suggested, On behalf
               of the Colonists of the Mainland I would ask your Lordship to
               grant us a full enquiry into the matter.
               
            
            
               I respectfully contend that we have a Claim for compensation
               from the Home or Colonial Government.
               
            
            
               That Members of the Civil Service in the Colony proved the same
               confidence as regards the location of the Capital, that we as
               Colonists and purchasers of lots in 
New Westminster from the
               Government evince, in the fact that they incurred a large
               expenditure
in
 in erecting houses of a permanent character in our
               City, a Petition from them, as public Servants, regarding the
               subject I now address your Lordship upon, is I believe before you.
               
               I would ask that our new 
Governor Mr Musgrave be called upon
               for a full report as to the question at issue and that your
               Lordship would take under your most favorable consideration the
               desirability of appointing an entirely disinterested
               Commission of enquiry to look into our case.
               
               WE ask for the return of the Capital to our City and as such
               I am given to understand is inexpedient, I humbly crave for
               compensation to the 
New Westminster lot holders who purchased
               property from the Government of a Crown Colony upon
               representations which have not been carried out.
               
               WE ask for the privilege of receiving back from the Government
               the amount paid at the original sale of the said lots and
               consider we have a claim for at least a proportion of the
               improvements made bona fide upon the same on the assurance that
               
New Westminster was the established Capital of the Colony.
               
               The conditions of Sale have not been carried out but the whole of
               the purchase money has been absorbed in the general revenue of
               the Government.
               
            
            
               The money borrowed by the Municipal Council of 
New Westminster
               to which I have before referred will in a few months become due
               and under the circumstances of these Debentures
having
 having been
               issued upon the faith of the Government promises so plainly
               given, I would ask that provisions be made either in England or
               through the Governor of the Colony to guarantee the payment of
               interest upon the amount now outstanding.  Moreover I would urge
               that payment of the said Debentures be undertaken by the
               Government they receiving a certain lien upon the Municipal
               taxation as security for the same.
               
               I bring these matters before your Lordship feeling fully
               confident in the justice of our cause and am assured that by the
               kindly interest you were pleased to manifest in the case I laid
               before you during the interview I had the honor of having
               with your Lordship at the Colonial Office, you will give them
               all your serious consideration.
               
            
            
               As the representative of the Municipal Council of 
New
                  Westminster I shall await anxiously the decision of your
               Lordship on the subject.  I will be only too glad to furnish
               full evidence to any commission of inquiry you may be pleased to
               appoint and have every confidence in leaving the matter entirely
               in your Lordship's hands.
               
               I have done my best to place the whole facts before your
               Lordship, to do this I have specially journeyed at a great
               expense and loss of time from our far distant Colony.  Those I
               represent have entrusted me with
their
 their confidence and upon
               their, and my own, part I respectfully lay our case before you;
               having no doubt, if you are pleased to inquire into the matter
               but that justice will be done.  I have performed my duty and
               await the issue.
               
               Trusting your Lordship will pardon the length of this despatch
               and feeling confident that you will grant the same your
               favorable consideration.
               
            
            
            
            
            
            
               Minutes by CO staff
               
                
                  
                  Sir F. Rogers
                     I think nothing is wanted beyond your minute on the Gov
rs
                     despatch 799—which despatch is ans
wd by 
Lord Granville's
                     despatch of 
16 Feby—a copy of which was sent to 
Mr Fisher.
                     
 
                  
                  
                   
                  
                  
                     At once.  Observing  that 
Mr Fisher will have collected
                     
Lord G's views from the dph (N
o 14) of 
wh a copy has
                     been already communicated to him.
                     
 
                  
                  
                     Yes.  If the despatch was sent to him after the deputation came
                     to the C.O.
                     
                  
                  
                  
                   
            
            
               Other documents included in the file
               
                
                  
                  
                     Monsell to 
Fisher, 
21 September 1869,
                     reaffirming the views of 
Granville as expressed in his previous
                     despatch to the governor of 
11 February already forwarded.
                     
 
                   
            
            
               
                  People in this document
                  
                        Cox,  Charles
                  
                        Douglas, Sir James
                  
                        Fisher,  William
                  
                        Grenville, Richard
                  
                        Leveson-Gower, Granville George
                  
                        Monsell, William
                  
                        Moody, Colonel Richard Clement
                  
                        Musgrave, Sir Anthony
                  Rogers, Baron Blachford Frederic
                  Seymour, Governor Frederick
                
               
                  Places in this document
                  British Columbia
                  London
                  New Westminster
                  Vancouver Island
                  Victoria