No. 29
I have the honor to acknowledge the receipt of your Despatch No 2,
of the
13th of August last, in which after noticing certain passages
of my Despatch of the
24th of November 1853, on the subject of the
occupation of the
Arro Islands, to which the Authorities of
Washington
Territory had then recently set up pretensions of Sovereignty, on
the the
part of the United States of America, you desire me to furnish a more
detailed report of the circumstances, and date of the British occupation
of the
Island of San Juan, and I shall now proceed to obey your
instructions.
In my several reports to Her Majesty's Government of the Numbers
and Dates noted in the Margin,
No. —, 09 December 1852
No. 10, 24 November 1853
No. 05, 27 February 1854
No. 28, 17 May 1854
No. 48, 30 January 1855
I stated my intention of asserting the Sovereignty of
those Islands; the
grounds which induced me to take that course; the reasons for believing
that the
Arro Islands were not within the Territory ceded to the United
States, by the Treaty of
1846, and also the measures taken from time to
time, to defeat the plans of the officers of that Government, for
depriving us of that possession. I perceive, however, that I have
omitted to give information on certain points, in reference to the
Settlement
Settlement formed there under the superintendence of
Mr Charles Griffin, in the month of
November 1853, an omission which I regret, and
will now supply.
When apprizing Her Majesty's Government in my despatch of the
24th of November 1853 that I had succeeded in defeating every attempt
made to pre-occupy the
Arro Islands by means of American Squatters, and
that those Islands still remained a de-facto dependency of
Vancouver's
Island, unoccupied by any settlement of Whites except a fishing station
established some years previously by the Hudson's Bay Company, on the
Island of San Juan, my intention was simply to give an idea of the
actual condition, in respect to the settlements of whites, of those
Islands. I did not mean to convey the impression to
Her Her Majesty's
Government, that no further steps would be taken to assert Her Majestys
rights to the Territory in question by a more extended occupation.
I confess that, on the contrary, it was my firm resolution to
assert the rights of the British Crown, by every means within my power,
to a Territory which from the first establishment of this Colony, had
been treated, as a dependency, coming within the jurisdiction of the
Government of
Vancouvers Island, and of which we had held unquestioned
possession, until an adverse claim, unsupported so far as I can
discover, by any regular authority, was set up to it, by some American
citizens towards the close of the year
1852, as announced to Her
Majesty's Government in my Despatch of the
9thDecember December of that year.
It was in that case clearly my duty as a Servant of the Crown, to
maintain in their integrity the established metes and boundaries of the
Colony.
I accordingly proceeded to warn the parties, who had commenced
building huts on
Lopez Island, that they were committing a trespass, the
site of their settlement being on British Territory. I moreover
informed them that the spot which they proposed to occupy would be
reserved for the use of Her Majesty's Government, and that if they
persisted in the attempt they would in all probability lose their labor
and improvements. I also objected to their removing a quantity of
Timber, which they had cut for exportation. Whereupon artfully changing
their
tactics tactics the leader of the party declared that he was a British
born Subject, and intended to settle and purchase land in the Colony.
To that course there could be no objection, and I thereupon at his
application, issued a Licence in
the Queen's name, permitting him to cut
Timber on
Lopez Island, and he gave security for payment of the regular
duty levied on Timber cut from the public lands.
That proceeding, asserting British Rights, put an end to their plan
of settlement, and the whole party soon after, abandoned the place.
Other attempts were in like manner made to establish a claim on the
Arro Islands, and as there was every probability of their being
frequently repeated, by our unscrupulous neighbours, it appeared to me
that the best plan of defeating such attempts would be the commencement
of British Settlements on those Islands.
The The Governor and Committee of
the Hudson's Bay Company having been consulted on the subject of a more
extended occupation of the
Arro Islands, as a defensive measure against
American encroachments, gave me authority solely with that view, to
employ their Agents and Servants in forming a British Settlement on the
Island of "San Juan." That project was carried into effect in the month
of
November 1853, at their sole expense, and
Mr Charles Griffin one
of their servants, was entrusted with its management.
As a means of further strengthening our possession, by encouraging
the settlement of British subjects on the
Arro Islands, I also received
the instructions of the Governor and Committee of the Hudson's Bay
Company, to make free grants of
land land, to the extent in all of 500 acres,
to any British Subjects, who would occupy and improve the land.
This last measure entirely failed of success; no persons having up
to this time, accepted the terms of settlement, proposed, altogether, I
think for want of the requisite means and capital. The other measure
has on the contrary been attended with complete success; the settlement
formed on the
Island of San Juan, by the Hudsons Bay Company under
Mr
Griffin's management being in a most flourishing state. Upwards of 2300
head of horses, cattle and Sheep, are now ranging over
that Island; a
large extent of land is under cultivation, and roads have been cut
through the forest, nearly from end to end of
the Island.
Thus, has been accomplished
at at a great expense, an enterprise of which no private persons would willingly incur
the risk. I trust however, that the patriotic exertions of the Hudson's Bay Company
are appreciated, and will in due time be rewarded.
I did assure
Mr Griffin when he was sent to settle the
Island of San Juan; that he would be protected, and I have done every thing that
lay in my power to redeem that promise.
The style of
Mr Griffin's report, on the outrage committed by
certain American citizens, transmitted with my letter of the 18
th of
May last, may have led Her Majesty's Government into the conclusion,
that the
San Juan Settlement is a private possession of his own; but
such is not the fact, as the farmsteads, implements, live stock, and all
other effects there, are the exclusive property of the Hudson's Bay
Company, and are placed under
MrGriffin's Griffin's management.
I beg further to observe in respect to the date of the British
occupation of the
Island of San Juan, that it was in the first place
taken possession of, by the Agents of the Hudsons Bay Company in the
month of
July 1845, and a notice to that effect, engraven on a wooden
tablet, was erected on an eminence near the South east point of the
Island, a record which is still in existence, but there was no real
occupation of
the Island, until the year
1850 when a fishing Station was
established by the Hudson's Bay Company, and lastly their pastoral and
agricultural establishment was commenced by
Mr Griffin in
November
1853.
Thus the
Island of San Juan was taken possession of in the year
1845, and has been occupied by the Agents and Servants of the Hudson's
Bay Company since the year
1850.
Trusting
Trusting that I have herein given the information you desired me to
communicate I will conclude for the present my remarks on the subject.
I have the honor to be Sir
Your most obedient humble Servant
James Douglas
Governor
The Right
Honble Sir William Molesworth Bart.
Her Majesty's principal Secretary of State
For the Colonial Department.
Minutes by CO staff
Mr Merivale
I assume that this will be referred to the F.O. with reference to the
C.O. Letter of the
15 Augt last.
Other documents included in the file
Draft,
Ball to Chairman, Hudson's Bay Company,
22 February 1856,
forwarding correspondence on
San Juan Island, with observations on some
discrepancies and asking that the company provide any correspondence
they may have on the subject.
Draft,
Merivale to
E. Hammond, Foreign Office,
22 February 1856,
forwarding copy of the despatch.
Minutes by CO staff
Mr Ball
A little cross examination in this case has brought out facts of
importance & to me quite unexpected. If you will look at the minutes on
6877, and the despatch thereupon addressed to
Mr Douglas, you will see that Government had not been in the least apprized of any settlement
being made on the disputed
island of San Juan: but that the Governor's
language would have led them to infer the contrary; and that the first notice we had
of
Mr Griffin's establishment there was an account of its having been attacked under a claim of
right by the Americans.
Now it appears from the present despatch that this was not after
all a settlement of
Mr Griffin himself, that his so-called establishment belonged to the Hudson's Bay Company,
that the Company had themselves, without giving information to government, corresponded
with
Mr Douglas, & directed him or authorised him to found a settlement on this island, known to
be disputed by the Americans.
I look upon this as rather a serious matter, & am disposed to think
that in forwarding this despatch to
Ld Clarendon, we should inform
his Lordship that the H.B.C. have been called upon for an explanation of
their proceedings in the affair: and that we should write to the HBC
for such explanation, adding a request to be furnished with all
correspondence between them and
Mr Douglas on the subject?
Mr Labouchere
I concur with
Mr Merivale—and I may at the same time point out that
although there is nothing to prove misconduct on the part of
Governor
Douglas in any of his recent
transactions they go to suggest a serious
doubt as to the policy of maintaining the present relations between the
H. Bay Company & the
Govt in regard to this Island.
The double relation in which
Govr Douglas stands to the
Govt
& the Company suggests if it does not impose upon him conduct of an
inconsistent nature.
It is the interest of the Company to secure islands which may turn
out to be valuable, if they are so the Cy reaps the profit, if not
they expect to recover their outlay from the Home Govt in 1859, but
the Imperial policy is to avoid unnecessary complications in a question
involving a difference with the United States.
Again in regard to the Indian War the hostility of the natives is
altogether directed against the Americans. Our policy is to keep aloof
from the quarrel merely affording shelter & protection to life for
American citizens.
But the Hudson's B
y Comp
y have establishments in the district
where
the conflict is raging. An officer of the Company is tempted to
go farther in assisting the Americans with ammunition, sending steamers
to different points of the Coast &c than may be quite prudent. See
1481.
Again in a smaller way
Mr Douglas (see 1476) as Governor charters a steamer belonging to the H.B. Comp
y for the protection of the Colony, & again as Governor certifies that the charge of
20 a day made by his masters is quite correct.
If
Governor Douglas has succeeded in keeping a perfectly straight
course throughout these transactions I can only say that he will have
done more than most men can be expected to do.
The questions will arise whether complete resumption of the Grant
to the H.B. Compy or a more complete Grant involving the concessions
to the Compy of greater power & increased responsibility be the wiser
policy—much may I think be said for each alternative.
The Hudson's Bay Company should be written to in the manner
suggested by
Mr Merivale, and it should be added that in the somewhat
anomalous position in which
Governor Douglas is placed between his
duties of Home Gment & the H. Bay Company, it is expected that this
Departmt should be treated both by the Company and by him with the most
complete confidence & unreserve in all matters which concern the Colony.
People in this document
Ball, John
Blackwood, Arthur Johnstone
Clarendon, Earl
Douglas, Sir James
Griffin, Charles John
Hammond, Edmund
Labouchere, Henry
Merivale, Herman
Molesworth, Sir William
Victoria, Queen Alexandrina
Places in this document
Lopez Island
San Juan Island
San Juan Islands
Vancouver Island
Victoria
Washington Territory