Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Public Offices document
Stanley, Lord Edward Henry to Merivale, Herman 2 June 1852, CO 305:3, no. 4949, 337.
Abstract
Public Offices document.
Minutes (5), Enclosures (untranscribed) (2), Other documents (1).
Stanley sends Merivale copies of Malmsebury’s correspondence to the Admiralty and Crampton, which address the legalities of American trading at Haida Gwaii.
The minutes discuss the limited means with which Douglas can enforce British sovereignty, and suggest extending Douglas’ jurisdiction to include Haida Gwaii.
Of the three enclosures, the first is Malmesbury’s forwarded letter to the Admiralty, the second is Malmesbury’s forwarded letter to Crampton, and the third is a draft to Pelly regarding Douglas’ possible appointment as lieutenant governor of Haida Gwaii. Malmesbury’s letter to Crampton includes minutes which question whether Douglas, an employee of the HBC, should be given authority over Haida Gwaii.
Foreign Office
June 2nd 1852
Sir,
I have laid before the Earl of Malmesbury your letter of the
26th ultimo, enquiring whether any, and what, instructions should be
given to the Governor of Vancouver's Island or to Rear Admiral Moresby
in regard to foreign vessels trading to Queen Charlotte's Island or to
parties of foreigners whom such vessels may convey thither for the
purpose of carrying on mining or other operations
operations; and I am directed by
His Lordship to transmit to you a copy of a letter which he addressed to
the Admiralty on the 8th ultimo, desiring that Admiral Moresby should
be instructed to protect British property and British territory from
violation by foreigners.
operations; and I am directed by
His Lordship to transmit to you a copy of a letter which he addressed to
the Admiralty on the 8th ultimo, desiring that Admiral Moresby should
be instructed to protect British property and British territory from
violation by foreigners.
I also transmit to you a copy of a despatch which Lord Malmesbury
has written to Her Majesty's Minister at Washington upon this subject,
and which despatch His Lordship hopes
hopes will have the desired effect of
inducing the United States Government to exert themselves to prevent
aggression by American citizens on English rights; and I am to request
that you will inform Secretary Sir John Pakington that, in His
Lordship's opinion, the Governor of Vancouver's Island, or the officer
whose jurisdiction extends over Queen Charlotte's Island, should be
instructed in conformity with the tenor of the papers above mentioned
mentioned,
and should make such regulations regarding the trade and mining
operations as may be right and proper, and may prevent such trade and
mining from being improperly usurped by foreigners; and that both the
Governor and Admiral should be instructed to punish according to law, or
forcibly to expel from the Island, any foreigners who may infringe
British regulations or violate British territory.
hopes will have the desired effect of
inducing the United States Government to exert themselves to prevent
aggression by American citizens on English rights; and I am to request
that you will inform Secretary Sir John Pakington that, in His
Lordship's opinion, the Governor of Vancouver's Island, or the officer
whose jurisdiction extends over Queen Charlotte's Island, should be
instructed in conformity with the tenor of the papers above mentioned
mentioned,
and should make such regulations regarding the trade and mining
operations as may be right and proper, and may prevent such trade and
mining from being improperly usurped by foreigners; and that both the
Governor and Admiral should be instructed to punish according to law, or
forcibly to expel from the Island, any foreigners who may infringe
British regulations or violate British territory.
Herman Merivale Esq
&. &. &c
&. &. &c
Documents enclosed with the main document (not transcribed)
Malmesbury to Admiralty, Immediate, 8 May 1852, forwarding letter
and enclosures from the Hudson's Bay Company regarding Queen Charlotte
Island and instructing them to secure the area, as per despatch.
Minutes by CO staff
Mr Merivale
It is very easy for the F. office to recommend the removal of intruders, & the establishment of regulations for managing the gold mines in Queen Charlotte Island but not quite such a facile operation to execute with the inadequate materials on the spot. But I suppose this Office must do the best it can to provide the Governor of VanCouver's Island with the means of enforcing the Law. In such case the first thing to do is to furnish him with a Commission extending his jurisdiction over Q. Charlotte Island, as you have already proposed.
It is very easy for the F. office to recommend the removal of intruders, & the establishment of regulations for managing the gold mines in Queen Charlotte Island but not quite such a facile operation to execute with the inadequate materials on the spot. But I suppose this Office must do the best it can to provide the Governor of VanCouver's Island with the means of enforcing the Law. In such case the first thing to do is to furnish him with a Commission extending his jurisdiction over Q. Charlotte Island, as you have already proposed.
2y to send him some rules for his guidance in granting Licenses for
obtaining the gold.
3y to instruct him to have the Country surveyed which will be a 
very dangerous business on account of the natives, but which
nevertheless seems necessary.
very dangerous business on account of the natives, but which
nevertheless seems necessary.
In the meantime I conclude the Governor & the Hudson's Bay Company
should be furnished with copies of these papers, & apprized generally of
what the Govt is doing in the matter.
ABd
4 June
See Mr Merivales separate Minute & Sir John Pakingtons
instructions.
Documents enclosed with the main document (not transcribed)
Malmesbury to Crampton, 8 May 1852, forwarding above letter and enclosures and requesting they be brought to the immediate
attention of the United States government.
Minutes by CO staff
Lord Desart
This subject is full of difficulties, and some decision must be taken.
This subject is full of difficulties, and some decision must be taken.
I have already explained that the enclosed commission to the Gov.
of Vanc. I. would have no force to enable him to make regulations
having force of law. But as the property both in land & mines is
unquestionably the Crown's, the Crown could delegate to him the power of
granting land & issuing licenses, though I am not aware of any distinct
precedent for this, where no regular government is established.
But before this Commission [is] issued the Hudson's Bay Co. must be
consulted. Mr Douglas is a servant of theirs, & we cannot tell
whether his acceptance of this Commission would be consistent with his
duties as their servant and as Governor of Vancouvers' Island.
duties as their servant and as Governor of Vancouvers' Island.
This is on the whole the best & indeed the only course that occurs
to me, but Sir J. Pakington must be prepared to find the measure
represented as a farther concession to a monopolizing Company which is
very unpopular with the House of Commons.
HM
June 17
I am not sufficiently acquainted with the subject to venture on any
comments. But the Hudson's Bay Company have I think nothing beyond mere
trading privileges in Vancouver Island, and it certainly would be
very ill advised to make any allowance to them of authority beyond their
strict right.
D
17
I think this is on the whole the best course we can take at
present. I think, if possible there shd be a power of granting a
Commission of the Peace to the Officer Commanding on the Station.
[Marginal note. Mr Merivale thinks it is not in the power of the
crown to issue Commissions of the Peace in blank. [ABd]]
Cannot this be done through the Govr. The power of granting
land & licences should also be deputed to the Govr.
Has the H.B.Co. been informed of our intentions?
JSP
18
Other documents included in the file
Draft, Colonial Office to Pelly, Hudson's Bay Company, 26
June 1852, asking if the company would have any objection to the
appointment of Douglas as lieutenant governor of the Queen Charlotte Islands.