Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Despatch to London
Blanshard, Governor Richard
to
Grey, Third Earl, Henry George 1849, CO 305:2, 1.
Abstract
Despatch to London.
Minutes (3), Other documents (7), Marginalia (9).
The extensive minute entry refers, presumably, to the missing correspondence between
Blanshard and Grey: Rogers—it is thought to be his hand—writes to Hawes on the colonization of Vancouver Island, for which he provides a timeline, and a wealth of detail on key developments in
the process to date. Rogers comments also on the HBC's controversial business-practice legacy.
This file encloses a letter from the Colonial Office that appoints Blanshard as Governor of Vancouver Island, followed by two draft letters from Grey to Blanshard on the subject of Blanshard's appointment. It also encloses three printed Acts that pertain to, largely, the
judicial governance of Vancouver Island. The final enclosure is a draft reply from Grey to Blanshard that discusses the transmission of the "Public Seal of the Island of Vancouver and its dependencies."
Minutes by CO staff
1670
1821.
1821
jointly with certain members of what was then called the North West Co.
to trade in what is called the North West Territory (which
would include Vancouver's Island as a dependency)1838
This gran license contains a proviso that nothing therein contained
should enure to prevent the establishment of colonies in this territory,
or constituting any
such form of government as might seem meet to the Crown. And it reserves power to
the Crown to revoke such license, so
far as the same may embrace any territory which may hereafter be
comprised within such colony.
such form of government as might seem meet to the Crown. And it reserves power to
the Crown to revoke such license, so
far as the same may embrace any territory which may hereafter be
comprised within such colony.15 June 1846.
With regard to the legal jurisdiction over this North Western
region: it is provided for by the Act
1 & 2 G. 4. c. 66. already cited: which subjects all the North Western & other Indian
territory to the
judicature of the Courts of Upper Canada, & empowers the Crown to issue
commissions under the Great Seal empowering justices to hold courts of
record for the trial of criminal & civil cases, &c, only not so as to
affect any privilege belonging to the H.B.C. under their Charter.
The
H.B.Co. have erected various forts & establishments, and brought into
cultivation some tracts in this N. Western territory: and amongst
others a fort & land on the south point of Vancouver's Island.
1 & 2 G. 4. c. 66. already cited: which subjects all the North Western & other Indian
territory to the
judicature of the Courts of Upper Canada, & empowers the Crown to issue
commissions under the Great Seal empowering justices to hold courts of
record for the trial of criminal & civil cases, &c, only not so as to
affect any privilege belonging to the H.B.C. under their Charter.
The
H.B.Co. have erected various forts & establishments, and brought into
cultivation some tracts in this N. Western territory: and amongst
others a fort & land on the south point of Vancouver's Island.Under these circumstances they
obtained an opinion
from the Law Advisers
which was to the effect that they could legally take part of any land Westward of
the Rocky Mountains.
19 Janr 1847
of the Crown?4
They then applied for a Grant of land of the whole territory
Westward of the Rocky Mountains.
This was declined, but a Grant of the
land of Vancouver's Island has been offered to them, subject to the conditions, 1. that the settlement shall cost nothing to this Country in [...] they shall establish there a settlement of British
emigrants, the grant to be void unless if 5 years' hence it is certified that
they have not done so by any person employed by the Crown to inquire; 2.
that such settlement shall cost nothing to this country. Also, that
when the license expires in 1859 the Crown may revoke the grant, subject
to the obligation to repay the Co. any expenditure in colonization.
This was declined, but a Grant of the
land of Vancouver's Island has been offered to them, subject to the conditions, 1. that the settlement shall cost nothing to this Country in [...] they shall establish there a settlement of British
emigrants, the grant to be void unless if 5 years' hence it is certified that
they have not done so by any person employed by the Crown to inquire; 2.
that such settlement shall cost nothing to this country. Also, that
when the license expires in 1859 the Crown may revoke the grant, subject
to the obligation to repay the Co. any expenditure in colonization.
It is not proposed to give them any jurisdiction or legislative
authority.
[...]: But it is proposed to give a Commission to a Governor (who will
be nominated by the Companyx3
) with a Charter empowering the government of the island by means of an Assembly of
the inhabitants.
It is apprehended that the Crown has undoubtedly this power. It is
the manner in which the Constitution
of Newfoundland was created in
1855.
?
The effect will be that the land will be vested in the HBCo. under
this grant. 2. The exclusive trade until 1859 under their licence. 3.
The criminal & civil jurisdiction can be given by Commission from the
Crown under 1 & 2 G 4 C 66. 4. The legislative authority & right to
raise the revenue not derived from land will be in the inhabitants.
this grant. 2. The exclusive trade until 1859 under their licence. 3.
The criminal & civil jurisdiction can be given by Commission from the
Crown under 1 & 2 G 4 C 66. 4. The legislative authority & right to
raise the revenue not derived from land will be in the inhabitants.The same thing or nearly so it will be shewed has been done in
the Southern part of New Zealand, where the Crown land and Crown right
of preemption from natives are vested until 1852 in the
New Zealand
Company, while the right of Government & of raising revenue is in the
Legislative Council, which will be popular unless the Governor exercises
his lately granted suspending power.
New Zealand
Company, while the right of Government & of raising revenue is in the
Legislative Council, which will be popular unless the Governor exercises
his lately granted suspending power.
You will observe that if Vancouver's Island had been made over to any other body of adventurers, it would have been necessary
to put in
execution the power reserved to the Crown of revoking the Company's
license for exclusive trade so far as that Island was concerned. But
this could not have been done without compensating the Company, if not
for the loss of the trade, at all events for the establishments which it
had made at the Southern end of the island, with a view to the protection & extension of that trade.
It is hardly necessary to add how great an advantage the Company
must have over independent colonists, in the first place from the
powerful establishments which they already possess in the North Western
territory, in the next place because, possessing the exclusive trade of
the main land adjacent of which they could not be deprived, no one could
turn the land of the Island to so much account as they.
With regard to the reasons which have prevailed to induce the
cession of this land to the Company notwithstanding the charges which
are pending against them for maladministration in the other parts of
their territories, you will of course ascertain these from other
quarters especially as the negociation was begun before I came into the
office. But the following suggest themselves to me.
These charges are twofold: they relate to the conduct of the
Company in their only agricultural settlement of any consequence, that
at Red River: and, secondly, to various points in
the general treatment
of the Indians throughout their extensive territories by their agents.
With regard to Red River, I cannot see if the charges of misgovernment were substantiated, that they would
seriously affect the question,
whether the Company was fit to be trusted with the land (not the
government) of Vancouver's Island. If there be mismanagement at Red
River, it is only to be traced in the details of the government of a
colony more than 1000 miles from Vancouver's Island & the adjacent coast, which must depend much more on the local
authorities than on any central supervision of the trading Company in London. The two subjects have really no connexion. But the report of Col. Crofton is quite sufficient to shew that the charges, whatever they are, are mixed up
with much exaggeration, although enough of truth may remain to render it
advisable that some enquiry should take place, & it is at all events
desirable that the situation & wants of such remote subjects of Her
Majesty should be known.
the general treatment
of the Indians throughout their extensive territories by their agents.
With regard to Red River, I cannot see if the charges of misgovernment were substantiated, that they would
seriously affect the question,
whether the Company was fit to be trusted with the land (not the
government) of Vancouver's Island. If there be mismanagement at Red
River, it is only to be traced in the details of the government of a
colony more than 1000 miles from Vancouver's Island & the adjacent coast, which must depend much more on the local
authorities than on any central supervision of the trading Company in London. The two subjects have really no connexion. But the report of Col. Crofton is quite sufficient to shew that the charges, whatever they are, are mixed up
with much exaggeration, although enough of truth may remain to render it
advisable that some enquiry should take place, & it is at all events
desirable that the situation & wants of such remote subjects of Her
Majesty should be known.
Vancouver's Island will lie in the track of many vessels & become (as we hope) soon the seat of a considerable
maritime business. Nothing
can possibly be more different than its prospects from those of the
remote half Indian settlements in the centre of North America.
2. As to the general charges against the Company: they are really
too general to merit much attention with reference to a case like this.
It is of course undeniable that a mere trading Company will always
have a certain tendency towards monopoly and exclusiveness: But in
situations where colonization is the true & obvious policy, it will
probably soon learn to pursue that policy.
have a certain tendency towards monopoly and exclusiveness: But in
situations where colonization is the true & obvious policy, it will
probably soon learn to pursue that policy.Other documents included in the file
Colonial Office to Duke of Wellington and to Treasury, 16 July 1849, advising of the appointment of Richard Blanshard as "Governor and
Commander in Chief in and over the Island of Vancouver and its dependencies."
Other documents included in the file
An act entitled "An Act to provide for the Administration of Justice in Vancouver's
Island," dated 28 July 1849.
An act entitled "An Act for
extending the Jurisdiction of the Courts of Justice in the Provinces of
Lower and Upper Canada, to the Trial and Punishment of Persons guilty of Crimes and
Offences within certain Parts of North America adjoining to
the said Provinces," dated 11 August 1803.
An act entitled "An Act for regulating the Fur Trade, and establishing a Criminal
and Civil Jurisdiction within certain Parts of North America," dated 2 July 1821.
Footnotes
- This document is missing from the Colonial Office volume.
- The following minute entries refer, presumably, to a despatch from Blanshard to Grey, which is missing from the Colonial Office volume.
- This X appears to corresponds to marginalia.
- This marginalia appears to be in Hawes' hand.
- This marginalia appears to be in Hawes' hand.
People in this document
Baring, Baron Ashburton Alexander
Crofton, Lieutenant Colonel John
Grey, Third Earl, Henry George