Colonial Despatches

2To await Mr Stephen's return.

The enclosure from Mr Douglas to be copied & the original returned to Sir J. Pelly.

Mr Hawes
This is written in answer to two questions
1. What is the land wh the Hudson B. Compy. want
2. Whether they are advised that they are competent to take & hold it.

1: In answer to the first of these questions Sir J. Pelly transmits papers contg a particular description of the locality in wh their establishmt is placed [...] and an apparently valuable amt of the neighbouring coast — but no statement of the limits of the land wh they have occupied, or wish to acquire.

But Sir J. Pelly refers to some reports & & maps wh he supposes to be with this Office but wh are not registd in the department. They are I believe of a confidentl character.

2. In answer to the second questn Sir J.P. states that he entertains no doubt that the Company can receive a grant of lands — esplly since their possessory rights are [...] expressly recognized in the Oregon Treaty.

The letter to Sir J. Pelly has not [...] elicited a statement of the means by wh the Compy at present adopt for holdg land.

It may be worth while, as Sir J.P. suggests, to copy the report of Mr Douglass wh he desires may be returned.

You will probably suggest what course shd be taken on these papers.

Oct 30
Perhaps Ld Grey may wish the answer to this Paper to wait for Mr Stephens return. I had a great deal of conversation with him upon it & he has looked into the various documents, which must be consulted before any reply can be made.

Yes.

25 Nov. 46.
Mr Hawes
There is a singular contrast between the language held by Sir John Pelly in his conversations with us here, & his language in this Letter. Then he told us that the Legal Incompetency of the Hudson's Bay Company to hold Lands West of the Rocky Mountains was so clear that their Lands in Oregon were, in fact, vested, not in the Company, but in a certain private Association of it's Members, united together for the express purpose of getting rid of the Legal difficulty. Now he states their legal competency to be undoubted, &, in effect, denies that he ever doubted it. In conversation he said that the Company did not wish for any grant of the Land, but merely for an assurance that they should not be dispossessed of it. In this Letter he infers & renews & urges the application for a Grant. My inference is that he has no steady opinions on the subject.

I shd dissuade a grant for the following reasons: —
1st. Sir John Pelly is even yet unable to describe the Lands to be granted with any degree of precision. 2ly To grant Lands is impliedly to promise to the Grantees protection in the enjoyment of them. 3ly To make such accept such a Grant wd I believe, be to infringe the spirit, if not the letter, of the Company's Charter. 4th To make such a Grant wd be to give needless umbrage to the Americans, who wd say that it was done in order to impart to their late Treaty with us a wider sense and a more enduring effect than properly belongs to it, or than was contemplated by the contracting parties, and, 5th., Every useful end could, I think, be answered by a simpler method.

I wd give the Company an assurance that they shd not be dispossessed of any Lands on which they have already entered, or on which they may yet enter, within some definite time, provided, that, within Ten years from the date of their first occupation of such Lands, they shd make, and shd be able to prove the having made, an expenditure on them in Buildings, or other permanent works, equal to £10 per acre; & provided that the Lands so occupied, and improved, shd be surrendered up, if requisite, as the site of any Works required for the Public defences or other Public interest of any future Colony within the limits of which they might fall.

On the subject of Colonization this Letter does not appear to me to make any advance at all on what has already be written.

Nov. 25. Sir J.H. Pelly has certainly put a larger construction upon his Charter than he did in his interview with Mr Stephen & myself. What passed upon that occasion Mr Stephen, in my opinion most accurately recorded. The Memorandum is herewith.

The terms now proposed by Mr Stephen seem discouraging — when for many obvious reasons, I think, they should be encouraging. I attach importance to a Settlement upon or near Vancouvers Island. It is here alone we have a good Harbour on the Western coast of America. There are many reasons for believing the Climate & soil favorable for agriculture. I have stated some facts in the Memorandum bearing upon this subject, annexed. Without the Agency of the H. Bay Cy I despair of any speedy colonizing movt in that quarter, except at the Expence of the Treasury.

Under these circ I should willingly grant a lease on very favorable terms — the lease of the Aukland Islands is a case in point, — for any reasonable gran extent of Land the Cy desired in Vancouvers Island. A condition making making an Outlay of 10£ an acre necessary — though within 10 years — wd cripple all enterprise: — & the subsequent surrender of the Land, — without any deduction for improvts, — would utterly prevent all enterprise. In the case of the Aukland Iss the Crown resumes — paying for improvts — if Land is required for any public purpose.

It must not be forgotten that we are here dealing with a Company of both standing & capital — & sound policy I think sanctions every reasonable encouragt being given to a distant uncertain, but I think, important public enterprise.

I agree with Mr Hawes in considering it very desirable to encourage the Co in colonizing Vancouvers Island — I shd have no objectn to leasing (reserving a power to the Crown of resuming possessn on payment of the value of improvements) to granting a long provided Mr Stephen thinks there is not the same legal objectn to a lease as a grant —

27 Novr
Mr Hawes
Entirely concurring in your opinion that this is a case in which everything shd be done to assist the Company, as far as possible, I confess I do not see how any substantial distinction cd be made between a grant in perpetuity, or a grant for a term of years. I wd howr advise a grant in perpetuity if 1st. The Company will produce an opinion from the Law Officers of the Crown that the acceptance of such a grant wd be consistent with their Charter, and 2ly If Lord Palmerston shall say that there is no objection to it as far as respects our relations to the United States. But in the Grant, whether for perpetuity or for years, I wd introduce the reservation I have mentioned.

Nov. 27. I imagine Lord Grey will adopt Mr Stephens advice. The Law officers opinion should be upon the question, whether a lease or grant is or not consistent with the Charter?

James Douglas to John McLoughlin, 12 July 1842, recommending the port of "Camosack" as the best site for a fort on Vancouver Island. Transcribed fully below.

Sir George Simpson to Governor and Committee of the Hudson's Bay Company, dated Red River Settlement, 21 June 1844, extract of letter reporting on the satisfactory condition of Fort Victoria.

Peter Skene Ogden and Douglas to Simpson, dated Fort Vancouver, 19 March 1846, extract of despatch describing the progress at Fort Victoria.

Simpson to Governor and Committee of the Hudson's Bay Company, dated Red River Settlement, 18 June 1846, extract of despatch reporting on conditions at Fort Victoria.

According to your Instructions I embarked with a party of six men, in the Schooner "Cadboro" at Fort Nisqually, and proceeded with her to the South end of "Vancouver's Island," visited the most promising points of that Coast, and after a careful Survey of it's several Ports and Harbors, I made choice of a Site site for the proposed new 〜3 Establishment in the Port of Camosack which appears to me decidedly the most advantageous situation, for the purpose within the Straits of De Fuca.

2. As a Harbor it is equally safe and accessible, and abundance of Timber grows near, it for home consumption and exportation. There being no fresh water Stream of sufficient power, flour or Saw Mills may be erected in the Canal of Camosack, at a point where the channel is contracted to a breadth of 47 feet, by two narrow ridges of Granite, projecting from either bank, into the Canal, through which thethe Tide rushes out and in with a degree of force and velocity capable of driving the most powerful machinery, if guided and applied by Mechanical Skill.

3. In the several important points just stated, the position of Camosack can claim no superiority over some other excellent Harbors on the south Coast of Vancouver's Island, but the latter are generally speaking surrounded by Rocks and Forests, which it will require ages to level and adapt extensively to the purposes of Agriculture, whereas at Camosack there is a range of PlainsPlains nearly six Miles Square 〜4 containing a great extent of valuable Village and Pasture Land equally well adapted for the Plough or for feeding Stock. It was this advantage and distinguishing feature of Camõsack, which no other part of the Coast possesses, combined with the Water Privilege on the Canal, the Security of the Harbor and abundance of Timber around it, which led me to choose a Site for the Establishment at that place, in preference to all others met with on the Island.

4. I will now proceed to describe the most prominent features ofof the other Ports visited during this cruize, in order that you may know and weigh the grounds of my objections to them as eligible places of Settlement.

5. The finest and only District of Vancouver's Island which contains any considerable extent of clear Land is situated immediately on the Straits of De Fuca, beginning at Point Ganzalo, the South East Corner of the Island, and running westward from it to the Port of "Sy-yousung", from whence to the South West point of the Island opposite Cape Flattery, there are no Safe Harbors for Shipping, and the CountryCountry is high, rocky, and covered with woods, presenting in it's outline the almost unvarying characters of the Coast of North West America, to which it unfortunately bears a too faithful resemblance.

6. On the contrary, the former District of the Island extending from Port Sy-yousung Point Ganzalo, is less elevated, more even and diversified by wood and Plain; the Coast is indented with Bays and Inlets; there are several good Harbors, with anchorage at almost every point where vessels may bring up in calms. To this part of the Coast I directed much attention and having travelledtravelled over almost every mile of it, I will here state my observations, beginning with Port Sy-yousung, the most Westerly Harbour deserving of notice.

7. "Sy-yousung" (see Map) is a spacious Inlet extending more than two miles into the Country, where Shipping may lie at all seasons of the year in perfect safety, as it is protected from every wind; there is however a strong current setting through the entrance, with the flood and ebb that might detain and prove inconvenient to Vessels entering or leaving PortPort, otherwise it is unexceptionable as a Harbor. A Shallow rivulet 30 feet wide, which takes it's rise from a Lake in the interior of the Island, falls into the north end of the Inlet, remarkable as being the largest and only fresh water stream capable of floating a canoe that be found on this part of the Island.

It can however hardly be called navigable, as during a short excursion I made upon it, we had to drag our Canoe over banks of Gravel that traverse the bed of the Stream at everyevery Hundred Yards. An extensive mud flat also lies off it's mouth, which is nearly dry and impassable in the smallest craft at low water. It has also the reputation of being a good fishing Stream, and as far as I could learn from the Natives of the place, a considerable quantity of Salmon is caught there annually; a consideration which would make it exceedingly valuable to an Establishment. These are the only good points of this Harbor, which the character of the Country in it's vicinity, render of no avail, as the place is totallytotally unfit for our purpose, the Shores being high, steep, rocky, and every where covered with woods. In ranging through the Forest we found one small plain containing 3 or 400 acres of Land at the distance of one mile from the Harbor; but the rest of the Country in it's neighbourhood appeared to consist either of Wood Land or Rocky Hills.

8. Eight Miles east of "Sy-yousung" is the Port of "Whoyring" divided from the former by a ridge of Woody Hills extending from the coast to the central high Land of the Island. This is a prettypretty good Harbor, but has nothing further to recommend it, as a single glance at the high broken hills of naked granite, which form the East side of the basin, and the equally sterile character of the West Shore, satisfied me that this place would not answer our purpose.

In one of our excursions we found a narrow plain nearly a mile long at the same distance from the harbor, which is the only clear Land in it's vicinity.

9. Metcho-sin is an open roadstead one and a half mile East of the former Port. It is a veryvery pretty place and has a small fresh water run near it. There is however no Harbor, and the anchorage is exposed and must be insecure in rough weather; in addition to that disadvantage the extent of clear gound is much too small for the demands of a large Establishment, and a great part of what is clear is poor stony Land with a rolling surface, so that on the whole it would not do for us.

Is-whoy-malth is the next Harbor to the Eastward and appears on the ground plan accompanying this letter. It is one of the bestbest Harbors on the Coast, being perfectly safe and of easy access; but in other respects it possesses no attraction. It's appearance is strikingly unprepossessing, the outline of the Country exhibiting a confused assemblage of Rock and Wood. More distant appear isolated ridges thinly covered with scattered Trees and masses of bare Rock, and the view is closed by a range of Low Mountains which traverse the Island at the distance of about twelve miles. The Shores of the Harbor are rugged and precipitous, and I did not see one level spot clear of Trees of sufficient extentextent to build a large Fort upon. There is in fact no clear Land within a quarter of a mile of the Harbor, and that lies in small patches here and there, on the acclivities and bottoms of the rising gound. At a greater distance are two elevated Plains, on different sides of the Harbor, containing several bottoms of rich Land, the largest of which does not exceed 50 acres of clear space, much broken by masses of Limestone and Granite.

Another serious objection to this place is the scarcity of fresh WaterWater. There are several good runs in Winter, but we found them all dried up, and we could not manage to fill a single breaker in the Harbor.

11. The next Harbor about 11/2 mile east of the former is the Port and Canal of Camosack, which as already said I think the most advantageous place for the new Establishment. From the general description here given I fear you will not discover many traces of the level champaign Country so fancifully described by other Travellers who preceded me in this field; and Youyou will also observe that there is one important objection which applies to all the places, except "Camosack," mentioned in this sketch, namely the absence of any tract of clear Land sufficiently extensive for the Tillage and Pasture of a large Agricultural Establishment. It would also be difficult to find a convenient situation for an Establishment, on the high rugged shores of any of the other Harbors, and moreover these latter places with the exception of "Sy-yousung" and "Metchosin" are all scantily supplied with fresh Water.12. On

12. On the contrary at Camosack there is a pleasant & convenient site for the Establishment, within 50 yards of the anchorage, on the border of a large tract of clear Land which extends Eastward to Point Gonzalo at the South East extremity of the Island, and about six miles interiorly, being the most picturesque, and decidedly the most valuable part of the Island that we had the good fortune to discover.

The accompanying Ground Plan shows pretty correctly the distribution of Wood, Water, and PrairiePraire upon it's surface, and to it beg to refer you for information upon such points.

13. More than two thirds of this Section consist of Praire Land and may be converted either to purposes of Tillage or Pasture, for which I have seen no part of the Indian Country better adapted; the rest of it, with the exception of the Ponds of Water, is covered with valuable Oak and Pine Timber. I observed, generally speaking but two marked varieties of soil on these Prairies, that of the best land is a dark vegetable mould, varying from 9 to 14 inches in depth, overlaying aa substrate of grayish clayey loam, which produces the rankest growth of native Plants that I have seen in America. The other variety is of inferior value, and to judge from the less vigourous appearance of the Vegetation upon it naturally more unproductive.

Both kinds however produce abundance of grass, and several varieties of red clover grow on the rich moist bottoms.

In two places particularly we saw several acres of clover growing with a luxuriance and compactness more resembling the close sward of a well managed lea thanthan the produce of an uncultivated waste.

14. Being pretty well assured of the capabilities of the Soil as respects the purposes of Agriculture; the climate being also mild and pleasant we ought to be able to grow every kind of Grain raised in England. On this point however we cannot speak confidently, until we have tried the experiment and tested the climate as there may exist Local influences, destructive of the husbandman's hopes which cannot be discovered by other means. As for instance it is well known that the dampdamp Fogs which daily spread over the Shores of Upper Calefornia, blight the crops and greatly deteriorate the wheat grown near the Sea Coast in that Country. I am not aware that any such effect is ever felt in the temperate climate of Britain, nearly corresponding in it's insular situation and geographical position with Vancouver's Island, and I hope the latter will also enjoy an Exemption from an evil at once disastrous and irremediable. We are certain that Potatoes thrive, and grow to a large Size, as the IndiansIndians have many small fields in cultivation which appear to repay the labor bestowed upon them, and I hope that other Crops will do as well.

The Canal of Camosack is nearly six miles long, and it's Banks are well wooded throughout it's whole length, so that it will supply the Establishment with Wood for many years to come, which can be conveyed in large Rafts with very little trouble, from one extreme of the Canal to the other.

I mentioned in a former part of this letter that I proposed to erect any machinery requiredrequired for the Establishment, at the narrows of the Canal, about two miles distant from the Site of the Fort, where there is a boundless Water Power, which our two Millwrights "Crate" & "Fenton" think might, at a moderate expence, be applied to that object. A fresh water River would certainly be in many respects more convenient, as the moving power could be made to act with greater regularity and be applied to Machinery at probably less labor and expence than a Tide power; besides the facilities and immense advantage ofof having a Water communication, instead of a tedious Land Transport for the conveyance of Timber from a distance, after exhausting that growing in the immediate vicinity of the Mill Seat. But I saw no Stream that would fully answer these purposes, not even excepting the one in the Harbor of "Sy-yousung"; We must therefore of necessity have recourse to the Canal, or select a Mill Seat on the Continental Shore, a step that I would not advise until we have gained the confidence and respect of the Native Tribes.

The natural supply of fresh Waterwater will probably be found scanty enough for the Establishment in very dry seasons; but I think that between a small Stream at the distance of 300 paces, and it's feeder a Lake 800 Yards from the site of the Fort, we may always depend on having at least a sufficiency of this indispensable element. The labor of carting it from a distance of even 800 yards would however be very great, and I would therefore recommend that wells should be dug within the Fort, of sufficient depth to yield a constant and regular supply at allall times. This I have no doubt will be found the cheapest Plan in the end, besides the importance of having water at hand in cases of fire, or in the event of any rupture with the Natives.

17. It is unnecessary to occupy your time with any further details on the subject of this Cruize, as the present sketch will enable you to form a correct estimate of the advantages and disadvantages of the several places visited, and I think your opinion cannot vary much from my own respecting the decided Superiority of Camosack over the otherother parts of the Island, or of the continental Shore known to us, as a Place of Settlement. The situation is not faultless or so completely suited to our purposes as it might be, but I despair of any better being found on this Coast, as I am confident that there is no other Sea Port north of the Columbia where so many advantages will be found combined.

Draft, Colonial Office to Pelly, 1 December 1846, advising that the colonization question remained under discussion, and laying out the terms under which the company might be granted land in the colony. Marked "Cancelled."

Extract, Hawes to Pelly, 14 December 1846, saying Grey is willing to assent to his proposal of 24 October 1846 but requests "production by the Company of an opinion from Her Majesty's Attorney and Solicitor General, to the effect, that the acceptance by the Company of such a grant would be consistent with their Charter of Incorporation."

Draft, Stephen to Pelly, 14 December 1846, a revision of the above.

By advices from Fort Victoria up to the latter end of February I am glad to find that the business of that new establishment was going on in a satisfactory manner.

The situation of Fort Victoria is represented as peculiarly eligible for a depot in every respect except the possible scarcity of water in very dry seasons, but that it was hoped to overcome by sinking a well while abundance of water can always be had from a never-failing stream about 1 ½ miles from the establishment. The country and climate are said to be remarkably fine an excellent harbour, and the means of living abundant, say Fish, venison, domestic cattle and agricultural produce.

The harbour being easy of access at all fines, Fort Victoria will in all probability become valuable as a port of refuge & refreshment for any vessels frequenting those seas.

The natives are not so numerous or formidable as we were led to believe and seem peaceably and well disposed: but as yet, judging from the quantity of fines brought in it does not appear that they are very active, either as traders or hunters or that their Country is rich in that way.