Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Despatch to London
Douglas, Sir James to
Grey, Third Earl, Henry George 16 December 1851, CO 305:3, no. 1865, 75.
Abstract
Despatch to London.
Minutes (7), Other documents (3), Marginalia (11).
Douglas sends Grey a duplicate letter on the state of the Vancouver Island colony. Topics in the letter include Indigenous and colonist relations, and holes
in the justice system between them—Douglas hears from an Indigenous plaintiff, who is thought clearly in the right over an unfair
rifle sale, but who cannot have his testimony supported by "one of his own countrymen,"
who could not be sworn in as he was not a "Christian." Douglas then discusses mining operations at Fort Rupert, farming improvements in Victoria, and two American vessels bound for Haida Gwaii, with passengers intent on digging gold. He closes with an account of the Beaver's detainment by American customs officers, and the effects of this on trade, colony
morale, and US relations.
In the extensive minutes, Blackwood notes the contrast between Blanshard's pessimism and Douglas's potential for misguided enthusiasm. He next discusses the reach of the "Queen's
dominions," in light of the gold found at Haida Gwaii, and military defense of the same. Lastly, Blackwood asks whether or not to report the US customs incident to the Foreign Office. In another
minute, Merivale believes that Douglas should "receive Indian testimony
in all cases," and asserts that Haida Gwaii is British territory. Finally, Merivale asks that the Foreign Office be notified of the US customs incident.
This file encloses a draft reply from Pakington to Douglas, and a draft letter from the Colonial Office to Hamilton, which expresses the need to station a ship of war at Haida Gwaii. The final enclosed document is a draft letter from the Colonial Office to the Foreign
Office, which forwards a despatch on the conduct of American officials.
1865 Van Couver's Isla
Extract No - 6 for Admity
D - No 7 for Foreign Off
D - No 7 for Foreign Off
Her Majesty's principal Secretary of State
for the Colonial Department
My Lord
I have the honor to transmit herewith duplicate of my letter of
the 31st Octr.
2
2Extract |par 6| to Admiralty for [...]
⎯ [...] |par 7| to Foreign Office } 24 Mar/52
for information
⎯ [...] |par 7| to Foreign Office } 24 Mar/52
for information
3
The question was forced upon my attention some days ago, on the
occasion of a complaint made by "Tenasman," chief
of the Soke Tribe,
against Thomas Hall a white settler, who was charged with having
forcibly dispossed the Plaintiff of a double barrelled fowling piece, leaving the Plaintiff a much inferior
Gun, in return.
of the Soke Tribe,
against Thomas Hall a white settler, who was charged with having
forcibly dispossed the Plaintiff of a double barrelled fowling piece, leaving the Plaintiff a much inferior
Gun, in return.The plaintiff had no evidence to support the charge except the
testimony of one of his own countrymen, who not being a Christian, could
not be duly sworn. ⎯ I nevertheless admitted the evidence of the
Plaintiff's witness, which however failed in proving the fact of force
being used by the defendant, in obtaining the Plaintiff's Gun; while it
was, on the contrary, proved by the defendant, that the exchange was
effected without force being used, and by the mutual consent of the
parties. ⎯ It appeared however that Plaintiff on being, better
informed as to the relative value of the two guns, wished to recover his
own. ⎯ The case was necessarily decided in favour of defendant, and
against the Plaintiff who nevertheless had evidently been duped in the
transaction, and I therefore prevailed upon the defendant, not by order
of Court, but as a matter of justice, to give the plaintiff some further compensation.
The question arising out of that simple case, on which I would
request your Lordship's instructions is this: How far the testimony of
Indians is to be admitted as evidence in the Law Courts of this Colony?
It is not in my opinion advisable to
receive Indian testimony in
adjudging the disputes of white men; but in the case of disputes between
the white man and Indian I do not see how we can with justice reject the
only species of testimony the latter may have to offer, and when
offences against life or property are committed by Indians, the only
testimony against the offenders may be that of their own countrymen. On
that subject I would take the liberty of remarking to your Lordship, how
very important it is to the peace and security of the settlement that
instant attention should be paid to the complaints of Indians, and their
wrongs receive speedy redress as nothing will tend more to inspire
confidence in the governing power, and to teach them that justice may be
obtained by a less dangerous and more certain method than their own
hasty and precipitate acts of private revenge.
receive Indian testimony in
adjudging the disputes of white men; but in the case of disputes between
the white man and Indian I do not see how we can with justice reject the
only species of testimony the latter may have to offer, and when
offences against life or property are committed by Indians, the only
testimony against the offenders may be that of their own countrymen. On
that subject I would take the liberty of remarking to your Lordship, how
very important it is to the peace and security of the settlement that
instant attention should be paid to the complaints of Indians, and their
wrongs receive speedy redress as nothing will tend more to inspire
confidence in the governing power, and to teach them that justice may be
obtained by a less dangerous and more certain method than their own
hasty and precipitate acts of private revenge.4
to hope that coal will eventually be found.5
†4
6
much future trouble and expense in
guarding national rights, unless measures are immediately taken to
restrain the subjects of the United States, and other foreign powers
from entering or forming settlements on that Island.
†5
7
The proceedings of the United States Officers are highly
injudicious, and a serious hindrance to trade. They however plead the
orders they have received, and are receiving by every mail, from
Washington, in justification of their proceedings. ⎯
I have the honor to be
Your Lordships
Most Obedient Servant.
James Douglas
Governor Vancouvers Island.
Your Lordships
Most Obedient Servant.
James Douglas
Governor Vancouvers Island.
Minutes by CO staff
Mr Merivale.
The reports received from Governor Douglas respecting this settlement are much more favorable than those we used to receive from Govr Blanshard. Perhaps the former may be a little too anxious to view things in a good light, whilst the latter was prejudiced against the Hudson's Bay Co.
The reports received from Governor Douglas respecting this settlement are much more favorable than those we used to receive from Govr Blanshard. Perhaps the former may be a little too anxious to view things in a good light, whilst the latter was prejudiced against the Hudson's Bay Co.
The question in Par: 3 you will be able to suggest a solution for.
Par: 6. should I think be referred to the Admiralty with positive
instructions to send and station a ship of War off Queen's Charlotte
Island. The discovery of gold in that quarter of the Queen's dominions,
& the resort thither of adventurers from different parts of the Pacific
& elsewhere seem to demand the despatch of some sort of force there to keep order in the Territory. At the same time the question is a nice one as
to the Government within which this Island is comprized. I conceive, after perusing the Governor of Van Couver's Island Commission that it is not under that officer's administration, & I am confirmed in
that
impression by the primâ facie evidence of a Map sent here by the
Hudson's Bay Company in 1851 which excludes Van Couvers Queen Charlotte Island from
the Territory over which they have possession. I assume therefore that
it must belong be a dependency of Canada in the absence of any proof to the
contrary. Be that, however, as it may it is clearly British Territory
and as such seems to require the moral support of a Man of War to
protect our national rights & private interests. If this view is
adopted an extract of Par: 6 should be sent to the Admiralty.
Par: 7. Do you think the complaint account of the conduct of the American
Customs Officers is sufficiently precise to found a complaint upon to
the Foreign Office? It might be sent there for their consideration.
ABd
2 March/52
As to par. 3. The instruction to Govr Douglas should be express
& distinct in my opinion. He should receive Indian testimony in all
cases, swearing or pledging the witnesses to the truth according to
whatever form is held most solemn among themselves. Nor should he
establish any such distinction as he proposes between their testimony in
cases between Whites & cases in which they are themselves
†
† concerned.
They should be admitted in all cases. It will be for Courts & juries to
say what their testimony is worth.
†
† concerned.
They should be admitted in all cases. It will be for Courts & juries to
say what their testimony is worth.Par. 6. I agree with Mr Blackwood. Queen Charlotte's Island is
clearly out of the Governor's Commission. It is British territory,
under the earlier trading licence of the H.B. Company, but not under
their Charter.
7. I should say that this should be sent to the F. office for
information, in order to keep them on their guard.
HM
Mh 6.
I see nothing to add to Mr Merivales observation.
Other documents included in the file
Draft, Colonial Office to Hamilton, Admiralty, 24 March 1852,
forwarding extract of despatch in support of the need to station a Ship
of War at Queen Charlotte Island.
Minutes by CO staff
Mr Merivale
Adverting to the Minute on 1865 am I right in supposing that Sir J. Pakington sanctions the application to the Admiralty to station a Ship of War off Queen Charlotte's Island? The measure seems necessary if the Admy can execute it.
Adverting to the Minute on 1865 am I right in supposing that Sir J. Pakington sanctions the application to the Admiralty to station a Ship of War off Queen Charlotte's Island? The measure seems necessary if the Admy can execute it.
(I do not feel sure of the necessity, but conclude Sir J
Pakington would wish the question submitted to the Admy at all events?)
Other documents included in the file
Minutes by CO staff
The Despatch from Govr Douglas was forwarded with this
Draft & was returned to the Dt a day or two ago together with the answer to it.
Footnotes
- Please note that "proceeding with great spirit" is underlined, presuambly not by the author; see image scan.
- This text runs perpendicular to main body text; see image scan.
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People in this document
Cuffe, 3rd Earl of Desart John Otway O'Conner
Grey, Third Earl, Henry George
Hamilton, William Alexander Baille