Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Public Offices document
Murdoch and Wood to Merivale, Herman 4 July 1853, CO 305:4, no. 6879, 214.
Abstract
Public Offices document.
Minutes (9), Enclosures (untranscribed) (2), Marginalia (6).
In this lengthy document, Murdoch and Wood respond, as asked to earlier by Merivale, on behalf of Newcastle, to correspondence with Taylor on the proposed grant of a mining lease for “a portion of Queen Charlotte's Island” (QCI). The authors appraise the matter and then conclude that the HBC, and not “private
adventurers,” would be best suited to “undertake the working of the Mines,” in light
of, particularly, the legacy of conflict with the Haida over gold.
Murdoch and Wood to Merivale (Permanent Under-Secretary)
Colonial Land and Emigration Office
4th July 1853
Sir,
We have the honor to acknowledge the receipt of your letter of the
15th instant
enclosing a correspondence with Mr Richard Taylor relative to a
Mining Lease of a portion of Queen Charlotte's Island, and directing us
to preparethe
the Draft of a Lease for the consideration of Her Majesty's
Government. You at the same time direct us to consider whether in
granting any such Lease to a new Association the rights or privileges of
the Hudson's Bay Company will in any respect be interfered with.
ult.
the Draft of a Lease for the consideration of Her Majesty's
Government. You at the same time direct us to consider whether in
granting any such Lease to a new Association the rights or privileges of
the Hudson's Bay Company will in any respect be interfered with.
2. We have to report for the Duke of Newcastle's information that
before proceeding with the Lease we have placed ourselves in
communication with the Hudson's Bay Company to ascertain, in obedience
to His Grace's instructions, how far the proposed grant would interferewith
with their rights or privileges. We also communicated to the Governor
of the Company the letters noted in the margin
and have now to submit his answer for His Grace's consideration
and instructions.
with their rights or privileges. We also communicated to the Governor
of the Company the letters noted in the margin
Taylor to Duke of Newcastle, 7th April 1853.
H. De la Becke's Report, 28th April 1853.
June 27th 1853, from Govr of Hudson's Bay Co.
H. De la Becke's Report, 28th April 1853.
June 27th 1853, from Govr of Hudson's Bay Co.
3. It will be seen that Mr Colville [Colvile] objects to the
proposed Lease on several grounds. He states 1st that the Company,
and not Messrs Gray & Easterby, were the Discoverers of the supposed
vein and that the names "Mitchell's Harbour" and "Una Point," referred
to as its site, are in fact the names of the Company's Vessel and her
Commander, sent at their expense in 1851 to explorethe
the Island—6 months
before the voyage of Messrs Gray &c. 2dy that the inhabitants of
these Islands are savage and dangerous—that the Company's exploring
party in 1851 was driven off by them; the Natives rushing in to scramble
for the Gold after every blast—and that a force of at least 80 men
would be required as a protecting party before any works could be
carried on. 3dly that it would be impossible to carry on Gold Digging
without also trading with the Natives, that the proposed Lessees, if
they failed in getting Gold, would trade
trade in furs, and thus the Company's
exclusive License of Trade would be infringed.
4thly that the connection of the promoters of the scheme with
America, (Messrs Easterby, Gray and Rooney being, if not Americans at
any rate settled at Sn Francisco) might possibly lead to a very
inconvenient collision of interests between the subjects of the two
Countries. And lastly Mr Colvile states that it is the intention of
the Company to establish a trading Port on Queen Charlotte's Island as
soon as they can do so with a sufficient force and thoroughlyto
to explore
the Island with a view to ascertain whether the Minerals can be
profitably worked, in which case they will submit the result to Her
Majesty's Government with a proposal to work the Mines.
the Island—6 months
before the voyage of Messrs Gray &c. 2dy that the inhabitants of
these Islands are savage and dangerous—that the Company's exploring
party in 1851 was driven off by them; the Natives rushing in to scramble
for the Gold after every blast—and that a force of at least 80 men
would be required as a protecting party before any works could be
carried on. 3dly that it would be impossible to carry on Gold Digging
without also trading with the Natives, that the proposed Lessees, if
they failed in getting Gold, would trade
trade in furs, and thus the Company's
exclusive License of Trade would be infringed.
Mr Gray's Company might be restricted from trading by the terms
of the Lease.
by the terms
of the Lease.
to explore
the Island with a view to ascertain whether the Minerals can be
profitably worked, in which case they will submit the result to Her
Majesty's Government with a proposal to work the Mines.
4. Under these circumstances we have thought it right at once to
submit for His Grace's decision the question whether the proposed Lease
should be proceeded with. We do not understand that the Land which it
is proposed to include in the Lease is claimed by the Hudson's Bay
Companyto
to be held under their Royal Charter, nor do we find in the
Statute 1 & 2 Geo: 4. c: 66, regulating the Trade with North American
Indians, any provision which could preclude Her Majesty from granting to
another Association either the privilege of trading with the Indians of
Queen Charlotte's Island, or of working any minerals which may be
discovered there, altho' without a special License any such Trading
would we think be illegal. It would follow that so far as the rights
and privileges of the Hudson's BayCo
Company are concerned there is no
legal obstacle to the grant of the proposed Lease.
to be held under their Royal Charter, nor do we find in the
Statute 1 & 2 Geo: 4. c: 66, regulating the Trade with North American
Indians, any provision which could preclude Her Majesty from granting to
another Association either the privilege of trading with the Indians of
Queen Charlotte's Island, or of working any minerals which may be
discovered there, altho' without a special License any such Trading
would we think be illegal. It would follow that so far as the rights
and privileges of the Hudson's BayCo
Company are concerned there is no
legal obstacle to the grant of the proposed Lease.
5. But if it is not travelling beyond our province we would
venture to submit whether, looking to the character of the Natives who
inhabit Queen Charlotte's Island, as proved by their seizure of the
present applicants Vessel, as well as by their conduct to the Hudson's
Bay Company's people, it would be expedient to grant a Lease in that
Island to any but persons whose position and responsibility would afford
a guarantee as to their proceedings.It
It is, we think, impossible to
read the reports of the Hudson's Bay Co's Officers, written it must
be observed without reference to the question now under consideration,
without feeling that it will be extremely difficult, if not impossible,
to carry on the search for Gold in Queen Charlotte's Island without a
collision with the Natives. And it is obvious that under such
circumstances unless the matter is managed with firmness and discretion
the consequences may be very lamentable. But independently of these
considerationsif
if the Hudson's Bay Company really were as they allege,
the first discoverers of these Mines and not the Gentlemen represented
by Mr Taylor, as His Grace was led to suppose. The Duke of Newcastle
may be of opinion that the Company are entitled to an opportunity of
obtaining the advantage of their discovery, and if they are prepared to
work the Minerals their position and connexion would certainly appear to
afford better prospects of success than could be expected of a new
Association. If we might be permitted toexpress
express an opinion on the
subject we would submit, that with the present limited, but unfavorable,
information respecting the Natives of Queen's Charlotte's Island, it
would be hazardous to grant a Mining Lease there to private
adventurers—that it would be more advantageous if the Hudson's Bay
Company would undertake the working of the Mines—that whether they do
so or not enquiries should at once be set on foot to ascertain as far as
possible the correctness of the reports respecting the Natives,
their numbers and habits,and
and that if this further information should
show that they may be reasonably managed, and the Hudson's Bay Company
should not work the Mines,
or should do so in an inefficient manner, the applications of private
Companies for Leases should be entertained.
It is, we think, impossible to
read the reports of the Hudson's Bay Co's Officers, written it must
be observed without reference to the question now under consideration,
without feeling that it will be extremely difficult, if not impossible,
to carry on the search for Gold in Queen Charlotte's Island without a
collision with the Natives. And it is obvious that under such
circumstances unless the matter is managed with firmness and discretion
the consequences may be very lamentable. But independently of these
considerationsif
if the Hudson's Bay Company really were as they allege,
the first discoverers of these Mines and not the Gentlemen represented
by Mr Taylor, as His Grace was led to suppose. The Duke of Newcastle
may be of opinion that the Company are entitled to an opportunity of
obtaining the advantage of their discovery, and if they are prepared to
work the Minerals their position and connexion would certainly appear to
afford better prospects of success than could be expected of a new
Association. If we might be permitted toexpress
express an opinion on the
subject we would submit, that with the present limited, but unfavorable,
information respecting the Natives of Queen's Charlotte's Island, it
would be hazardous to grant a Mining Lease there to private
adventurers—that it would be more advantageous if the Hudson's Bay
Company would undertake the working of the Mines—that whether they do
so or not enquiries should at once be set on foot to ascertain as far as
possible the correctness of the reports respecting the Natives,
How?
and that if this further information should
show that they may be reasonably managed, and the Hudson's Bay Company
should not work the Mines,
Within a reasonable time.
6. With respect to the source from which further information may
be obtained respecting the Natives it appears to us probable that
application might be successfully made to some of the Religious
Societies whose Missionaries have devotedthemselves
themselves especially to the
education of the North American Indians.
themselves especially to the
education of the North American Indians.
We have the honor to be, Sir,
Your Obedient Humble Servants,
T.W.C. Murdoch
C. Alexander Wood
Herman Merivale Esq.
&c &c &c
Your Obedient Humble Servants,
T.W.C. Murdoch
C. Alexander Wood
Herman Merivale Esq.
&c &c &c
Minutes by CO staff
Mr Merivale
These reports of the natives of Queen Charlotte Island confirm the general accounts we have already received as to their being a savage race of people and would justify the Govt in opposing, on the score of humanity, settlements being formed upon it or the search for gold unless conducted by an imposing force, able to control & awe the natives. But the existence of gold in that quarter being an ascertained fact it will be a difficult matter for the Govt to prevent enterprizing people from resorting for it, and if the Lease be denied Messrs Gray & Esterby [Easterby] we shall shortly have applications from other persons for the same thing, and perhaps "squatting" in the Country to a large extent—which we have no means of preventing. It will be therefore necessary for the Govt to decide at once whether to encourage the Hudson's Bay Company in their contemplated explorations, & the establishment of a fur trading post in this particular locality—with a view to discovering whether the mines can be advantageously work'd, or to give the preference to the Association proposed to be established by Messrs Gray & Esterby. If the Hudson's Bay Co prevail I would suggest that some limit in point of time be required for their decision, for they are so
dilatory in their movements
that if permission is accorded them to explore &c they will use it as a
means of exclusion of other parties from the ground, & do nothing
themselves. I believe that one of the projectors of this scheme, if not
both of them has returned to California, but as the Messrs Taylor are
in London, it occurs to me that it would be a fair & proper mode of
proceeding with the competing applicants (for I suppose the H.B.
Company must now be regarded in that light), if the Messrs Taylor
were apprized of the serious difficulties they would encounter from the
hostility of the natives, and that they should be asked whether, with
the knowledge of that
fact they are prepared to despatch such a force as
shall effectually repress the attacks of the natives, & prevent the loss
of life on both sides which, as of old, it seems only too likely that
this search for gold will occasion. If Messrs Taylor, & his
Companions have not the means or disposition to undertake the enterprize
on a scale that is suitable in all respects, & decline, on this infn
about the Natives to go on with it, which I think is not improbable, the
Govt will necessarily fall back, at all events for the
present
present, on
the Hudson's Bay Co.
These reports of the natives of Queen Charlotte Island confirm the general accounts we have already received as to their being a savage race of people and would justify the Govt in opposing, on the score of humanity, settlements being formed upon it or the search for gold unless conducted by an imposing force, able to control & awe the natives. But the existence of gold in that quarter being an ascertained fact it will be a difficult matter for the Govt to prevent enterprizing people from resorting for it, and if the Lease be denied Messrs Gray & Esterby [Easterby] we shall shortly have applications from other persons for the same thing, and perhaps "squatting" in the Country to a large extent—which we have no means of preventing. It will be therefore necessary for the Govt to decide at once whether to encourage the Hudson's Bay Company in their contemplated explorations, & the establishment of a fur trading post in this particular locality—with a view to discovering whether the mines can be advantageously work'd, or to give the preference to the Association proposed to be established by Messrs Gray & Esterby. If the Hudson's Bay Co prevail I would suggest that some limit in point of time be required for their decision, for they are so
dilatory in their movements
that if permission is accorded them to explore &c they will use it as a
means of exclusion of other parties from the ground, & do nothing
themselves. I believe that one of the projectors of this scheme, if not
both of them has returned to California, but as the Messrs Taylor are
in London, it occurs to me that it would be a fair & proper mode of
proceeding with the competing applicants (for I suppose the H.B.
Company must now be regarded in that light), if the Messrs Taylor
were apprized of the serious difficulties they would encounter from the
hostility of the natives, and that they should be asked whether, with
the knowledge of that
fact they are prepared to despatch such a force as
shall effectually repress the attacks of the natives, & prevent the loss
of life on both sides which, as of old, it seems only too likely that
this search for gold will occasion. If Messrs Taylor, & his
Companions have not the means or disposition to undertake the enterprize
on a scale that is suitable in all respects, & decline, on this infn
about the Natives to go on with it, which I think is not improbable, the
Govt will necessarily fall back, at all events for the
present
present, on
the Hudson's Bay Co.
Do you think we are at liberty to include the information now sent
by the H.B.Co as to the searching for gold in Q. Charlotte Island in
the Parliamentary Paper on the point of being delivered? It is not too
late to include it if it is thought that we may do so.
ABd
7 July/53
Mr Blackwood
Papers are clearly not all here. Where is Mr Taylor's answer to ours of 28th May? And the letter to Land B&Sr'd enclosing the papers?
Papers are clearly not all here. Where is Mr Taylor's answer to ours of 28th May? And the letter to Land B&Sr'd enclosing the papers?
Mr Peel
These papers are now in a state for consideration & decision, & involve some important questions.
These papers are now in a state for consideration & decision, & involve some important questions.
1. I think it is quite plain that Mr Taylor's
associates have
no ground to ask for this lease on the score of merit as discoverers.
The vein of auriferous quartz discovered by the H.B.Co's vessel on the
6th Augt 1851, was in all reasonable probability the same with
that alleged to have been discovered by Mr Rooney on 23 April 1852
(it is rather remarkable by the way that in none of the letters so far
as I have observed is the name of the vessel stated; which might
identify the voyage.)
associates have
no ground to ask for this lease on the score of merit as discoverers.
The vein of auriferous quartz discovered by the H.B.Co's vessel on the
6th Augt 1851, was in all reasonable probability the same with
that alleged to have been discovered by Mr Rooney on 23 April 1852
(it is rather remarkable by the way that in none of the letters so far
as I have observed is the name of the vessel stated; which might
identify the voyage.)
2. I think this establishment would be virtually an American one,
& that no sufficient reason exists for giving an American party
exclusive rights in Q Charlotte's island, however ready we may be to
assist them in concurrence with others.
3. The Governor has also taken the matter into his own hand by
granting licenses. These of course would be overridden by any
subsequent lease from the Crown, but the parties holding them (if there
be any such) would hardly submit to exclusion contentedly.
For The[se] reasons (besides the hostility & power which are
alleged as to the savages)
I doubt whether any encouragement should be
given to Mr Taylor's proposal.
I doubt whether any encouragement should be
given to Mr Taylor's proposal.
Mr Colvile's letter of 27 June however requires a little
notice.
I think the Hudson's Bay Co. go a little far in pressing their
alleged claims over Q. Charlotte's island.
These claims amount at most only to this—the exclusive rights of
trafficking with the Indians for 6 years longer (until 1859 when their
present license expires).
And I think it is very doubtful—though the words of the license
are too loose to enable me to speak with certainty—whether the Crown
could not at once put an end to that license by declaring Q. Ch. Island
a "province" or colony.
And there can be no doubt the license was really sought, &
obtained, with a view to the fur trade of the interior, & not to check
maritime enterprise & commerce on the N.W. coast.
For the Company therefore to oppose
digging for gold on the island,
because the diggers would probably trade also with the Indians &
interfere with their license, appears to me a very impolitic endeavor to
extend their monopoly.
digging for gold on the island,
because the diggers would probably trade also with the Indians &
interfere with their license, appears to me a very impolitic endeavor to
extend their monopoly.
If my view is adopted, it may be enough at present to inform Mr
Taylor that on full consideration HM's Govt do not intend to grant
the lease, being not satisfied either of the expediency of granting a
lease of mining land in Q. Charlottes' Island in the present uncertainty
which exists as to the character & habits of the savage population, &
while the opposite system of granting licenses, according to the
Australian practice, has been resorted to by the Governor: or of any
claim founded on discovery, it appearing probable that the discovery had
been previously made by others. And send copy of the letter to the L. &
Em. Board?
HM
Jy 14
I quite concur with Mr Merivale.
FP
14
I agree, being confirmed in my original doubt of the expediency of
any lease at present.
N
15
Mr Merivale
Will you excuse me for drawing your attention to the enquiry contained in my minute on 6879 of the 7 July, which appears to have escaped notice.
Will you excuse me for drawing your attention to the enquiry contained in my minute on 6879 of the 7 July, which appears to have escaped notice.
The Papers respecting the discovery of gold in Queen Charlotte
Island which have been moved for in the Ho. of Commons have been
delivered
I believe, but some further papers are going to be presented,
amongst which the H.B.Cy's memorandum may appear.
I believe, but some further papers are going to be presented,
amongst which the H.B.Cy's memorandum may appear.
The recent letter to Mr Taylor should also, I think, be given,
as it will let people know that the Government refuses to grant leases
of land for gold hunting in Q.C. Island.
ABd
20 July
I think these papers would be very usefully added to the Australian
gold papers.
HM
Jy 20
I am not quite sure that they have been yet Delivered: and if not,
Mr Blackwood might direct the additional
Papers to which he refers to
be included in the Collection. If otherwise, these can be added to the
next Australian Gold Papers.
Papers to which he refers to
be included in the Collection. If otherwise, these can be added to the
next Australian Gold Papers.
FP
20
I think there is an awkwardness in adding them to the
Australian Gold Papers, but if the Q.C.I. papers have not been
delivered
(tho' they have been presented) Mr Blackwood can procure the
addition of the present papers.
(In course of Delivery—the Papers have therefore, in accordance
with the practice generally followed, been included in a set of
"further Papers" in Return to Original address).
N
21
Documents enclosed with the main document (not transcribed)
1. A. Colvile, Governor, Hudson's Bay Company, to S. Walcott,
Secretary to the Colonial Land & Emigration Commissioners, 27 June 1853,
enclosing the Memorandum below, and submitting reasons why a lease of
land in the Queen Charlotte Islands should not be granted to the parties
in question.
1.1 "Memorandum of proceedings of the Hudson's Bay Company with
respect to the searching for Gold in Queen Charlotte's Island," no date,
including, amid the summary, copies of correspondence between Douglas
and John Work, W.H. McNeill, and John Kennedy.
People in this document
McNeill, Captain William Henry
Murdoch, Thomas William Clinton