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 10 June 1851, CO 305:3, no. 8058, 21.
Abstract
Despatch to London.
Minutes (4), Enclosures (untranscribed) (1), Other documents (1), Marginalia (2).
Blanshard writes to Grey to discuss the ill treatment of Muir, and his family, at the hands of the HBC, and that the Muirs have left Vancouver Island, but seek compensation. Blanshard uses the Muir's case to illustrate the incapacity of the justice system in the colony, especially
in light of the HBC's overwhelming presence of population, and asks that a Chief Justice
be appointed immediately. Lastly, Blanshard notes that the Tory has just landed roughly one-hundred and twenty people, all but two of which are "servants
of the company," and that those not sent directly south to Oregon are "huddled together like cattle" in the paltry accommodations available.
The extensive minutes discuss, among other details, the administration of justice
on Vancouver Island, the motivations and practices of the HBC, and the nature of their grant.
I beg to enclose to your Lordship a copy of a memorial presented to
me by Andrew Muir, a Scotch miner lately in the employment
of the
Hudsons bay Company; The said Andrew Muir appears to have been grossly
ill treated by the officers of that company, and in consequence left the
Island in a ship bound for San Francisco, in company with some other persons who declared they did not consider their lives
safe after the
violent threats that had been herd to them, They have returned by
the first opportunity and seek redress for the loss and damage they have
sustained, Several minor cases of the same kind I have settled
summarily
summarily, but a case like the present does not admit of being so
disposed of, as considerable damages are claimed; I expect that other
actions of a similar nature will shortly be commenced, and to secure a
fair trial will to say the least be a matter of great difficulty as with
the exception of the plantiffs family (the Muirs) there are not five
persons in the Island except the Hudson's bay company's servants. My instructions authorize me to make
magisterial and temporary judicial
appointments, but do not provide for the event of there being no persons
qualified to hold them. I would beg to press on your Lordships notice
the expediency of making an immediate appointment of Chief Justice, or
some law officer for the colony, who shall have full power to hear and
determine all causes, subject to the usual appeals, a fair salary should
be attached to the appointment, to be paid by the Hudson's bay
bay company,
till such time as it can be raised in the Island,
summarily, but a case like the present does not admit of being so
disposed of, as considerable damages are claimed; I expect that other
actions of a similar nature will shortly be commenced, and to secure a
fair trial will to say the least be a matter of great difficulty as with
the exception of the plantiffs family (the Muirs) there are not five
persons in the Island except the Hudson's bay company's servants. My instructions authorize me to make
magisterial and temporary judicial
appointments, but do not provide for the event of there being no persons
qualified to hold them. I would beg to press on your Lordships notice
the expediency of making an immediate appointment of Chief Justice, or
some law officer for the colony, who shall have full power to hear and
determine all causes, subject to the usual appeals, a fair salary should
be attached to the appointment, to be paid by the Hudson's bay
bay company,
till such time as it can be raised in the Island,The ship Tory has just landed about one hundred and twenty persons,
all with two exceptions servants of the Hudson's bay company, some have
already been sent to Oregon, and some to other posts of the company, no preparations had been made here for their
reception beyond erecting a couple of log houses or rather sheds, in these the remainder
are huddled
together like cattle, as I have seen myself, to the number of thirty or
thirty five in each shed, men and women, married and single, without any
kind of screen or partition to seperate them, as may be supposed great
discontent exists already and will most certainly increase, the result
will probably be that they leave the colony and seek employment in Oregon,
Minutes by CO staff
Mr Elliot.
The Governor presses in this despatch for the immediate appointment of a Chief Justice, or Magistrate - to decide causes & complaints which it appears are now beginning to arise in VanCouver's Island. Hitherto the paucity of settlers has not required the necessity of any such legal Officer, nor does there now seem to be a sufficient number of Immigrants to justify any great expenditure being incurred on account of the proposed functionary. The Hudson's Bay Company will probably demur to the Governor's anxiety on this subject as it the apptment of a Judge will involve them in some expense, & serve as a check upon their proceedings which Mr ⎯⎯ Blanshard has on almost every occasion on which he has written to this Office not failed to describe as unfavorable to the interests of the Settlement. But if the time has arrived for the apptment of a salaried Magistrate the objections of the Company wd probably not be allowed to prevail here. Another motive also may be assigned for insisting on the Company making this apptment at once. It is that we have on record the opinion of the Committee of the Privy Council (see P. 20—of the accg Par: P. 103) that the existing provisions for the trial of criminal offences, & also of civil causes in V.C. Isld are ⁜2⁜ inadequate to the due admn of justice: Wherefore the committee recommended in their report of 1848 that further & more satisfactory provisions for the trial of offences in the Colony should be made, which cd, they stated, only be effected by an amendment of the Act 1 & 2. Geo. 4. C. 66 regulating the fur trade, & establishing criminal & Civil jurisdiction in certain parts of B.N.A. . With this advice, well known to this Office, & with in the face of this application of the Governor, coupled with the consideration that some persons in & out of Parlt have strongly disapproved of the grant of the Island to the Hudson's Bay Company, and that Mr Blanshard himself has invariably complained of the Company's conduct it appears to me that the proposed appointment would be very beneficial; & that it wd meet the objections taken by the Cee of the P.C. to the existing arrangements for the administration of Justice in the Colony, & obviate the necessity of amending the Act of Parliament for at least some time to come.
The Governor presses in this despatch for the immediate appointment of a Chief Justice, or Magistrate - to decide causes & complaints which it appears are now beginning to arise in VanCouver's Island. Hitherto the paucity of settlers has not required the necessity of any such legal Officer, nor does there now seem to be a sufficient number of Immigrants to justify any great expenditure being incurred on account of the proposed functionary. The Hudson's Bay Company will probably demur to the Governor's anxiety on this subject as it the apptment of a Judge will involve them in some expense, & serve as a check upon their proceedings which Mr ⎯⎯ Blanshard has on almost every occasion on which he has written to this Office not failed to describe as unfavorable to the interests of the Settlement. But if the time has arrived for the apptment of a salaried Magistrate the objections of the Company wd probably not be allowed to prevail here. Another motive also may be assigned for insisting on the Company making this apptment at once. It is that we have on record the opinion of the Committee of the Privy Council (see P. 20—of the accg Par: P. 103) that the existing provisions for the trial of criminal offences, & also of civil causes in V.C. Isld are ⁜2⁜ inadequate to the due admn of justice: Wherefore the committee recommended in their report of 1848 that further & more satisfactory provisions for the trial of offences in the Colony should be made, which cd, they stated, only be effected by an amendment of the Act 1 & 2. Geo. 4. C. 66 regulating the fur trade, & establishing criminal & Civil jurisdiction in certain parts of B.N.A. . With this advice, well known to this Office, & with in the face of this application of the Governor, coupled with the consideration that some persons in & out of Parlt have strongly disapproved of the grant of the Island to the Hudson's Bay Company, and that Mr Blanshard himself has invariably complained of the Company's conduct it appears to me that the proposed appointment would be very beneficial; & that it wd meet the objections taken by the Cee of the P.C. to the existing arrangements for the administration of Justice in the Colony, & obviate the necessity of amending the Act of Parliament for at least some time to come.
I have written perhaps rather a more full minute on this subject
than may really be necessary but as I entertain the apprehension that
this Office may some day be put upon it's defense in regard to V.C.
Island affairs I have deemed it my duty to make the preceding
observations so that, so far as I have the means of preventing it, this
Office may not be led into embarrassment hereafter for want of
sufficient consideration on the subject.
ABd
24/Sepr/51.
Mr Hawes
I am sure that you will be very glad to have the advantage of Mr Blackwood's remarks. I forward this for consideration.
I am sure that you will be very glad to have the advantage of Mr Blackwood's remarks. I forward this for consideration.
TFE
24/9.
/24
This returns an important despatch in every point of view. The
paucity of Settlers—independent of the Companys Servants—the absence
of accommodation even for those—are circs which I fear
indicate little or no prospect of Revenue. Notwithstanding which (by
the recent dispatches) the Company proposes to lay out 
8058. V. Couvers Island
2000 £ in public Buildings & that in their own reserves. Looking at the proximity
of San Francisco, at the discovery of gold in N.S. Wales—at the state of the
Labour market at home & abroad, I see very little prospect of any
immigration in this direction. I do not see the inducement to settle in
V.Couvers Island—nor do I expect the H.B. Company will allow the means of encouraging it.
How then is the Governors request to be met? — How far judicial
powers could be conferred on the Govr I know not. But were they ample, his relations with the Company would I should apprehend,
render
the grant of such powers of doubtful expediency. If the
course were
open, it would desirable before Expences are incurred, for which
really under the Charter the Govt will become responsible, without
any adequate or satisfactory control over them to endeavour to bring
about a surrender of the Charter — before any expenditure upon Public
works or buildings is commenced. Otherwise I foresee a future large
demand upon the Govt & probably litigation & much trouble in settling
it.
course were
open, it would desirable before Expences are incurred, for which
really under the Charter the Govt will become responsible, without
any adequate or satisfactory control over them to endeavour to bring
about a surrender of the Charter — before any expenditure upon Public
works or buildings is commenced. Otherwise I foresee a future large
demand upon the Govt & probably litigation & much trouble in settling
it.I think the state of the account between the Govt & the Company should be accurately known — They are bound to pay all the charges
of Settlement, 
& it may be doubted whether they have incurred any, bonafide, for Settlement — The Govr says that there are not five persons
in the Island beyond their Servants — & that of those recently arrived some are being drafted off
to Oregon. I confess it appears to me that
the Compy is making use of the Charter simply for their own interests; & that finding the sale
of Land & the revenue from coals or minerals
amounts to little or nothing — they are making an outlay upon Public
works, very probably of great future utility to themselves but at the
Expence of the Govt hereafter.
& it may be doubted whether they have incurred any, bonafide, for Settlement — The Govr says that there are not five persons
in the Island beyond their Servants — & that of those recently arrived some are being drafted off
to Oregon. I confess it appears to me that
the Compy is making use of the Charter simply for their own interests; & that finding the sale
of Land & the revenue from coals or minerals
amounts to little or nothing — they are making an outlay upon Public
works, very probably of great future utility to themselves but at the
Expence of the Govt hereafter.It is 
not to be lost sight of that though the Company is not doing
much for the settlement of Vancouver's Island nothing at all cd have
been done without them since there were no funds whatever available for
the purpose. — The first step must be to obtain the Company's answer to
this statement Send them copies for any remarks they may have to offer
on the despatch & enclosure. —
not to be lost sight of that though the Company is not doing
much for the settlement of Vancouver's Island nothing at all cd have
been done without them since there were no funds whatever available for
the purpose. — The first step must be to obtain the Company's answer to
this statement Send them copies for any remarks they may have to offer
on the despatch & enclosure. —G.
1/10
Other documents included in the file
Draft, Colonial Office to Pelly, Hudson's Bay Company,
10 October 1851, forwarding copy of the despatch and enclosure for
observations.
Documents enclosed with the main document (not transcribed)
Footnotes
- This addressee information appears at the foot of the first page of the despatch.
- These dotted crosses indicate that the text carries forward across a fold in the manuscript; see image scan.
- This text runs perpendicular to main body text; see image scan.