4th January 1856
To
Thomas Banister Esq
re
San Francisco 4th January 1856
My dear Sir:
I arrived on the
29th Ult. from
Vancouvers Island where I have
been staying since I last addressed you. The Residents, as a last
Effort to save the Colony, have begged of me to apply in the strongest
terms to you to exert what influence you can bring to bear in their
favor. Enclosed I send you such documents as they were enabled to
furnish me with; the Copies of the Memorials to the Colonial Secretary,
the House of Commons, and
the Queen, forwarded last year, and of which
you were to have been furnished with duplicates, having been in some way
mislaid it was decided to place you in the best position possible, and
leave it to yourself to do what you can.
On my arrival at
Victoria I found that the Colonists were so
disheartened at the apathy & indifference shewn by the Colonial office
in re their grievances, that it required the strongest representations
on my part, to induce them to make one more effort, however weak
availing of your good offices; if one must die 'tis well to die doing.
The feeling existing in the Colony is that the place is doomed; and
there is Every probability, if matters do not mend, of a general Exodus
shortly. I know of no fewer than Six families, who are preparing to
leave this next Summer. Once the move commences 'twill be too late to
attempt restoring Confidence by any patching compromises.
I trust that in writing you on the matter, and occupying your time,
I am not taking any undue advantage of your Kind offer of services in
favor of
Vancouvers Island, and I sincerely hope that you may have the
opportunity of doing something, however little, towards drawing the
attention of the Government to that important place.
The Colonists are all delighted at the Idea of having convicts
introduced and they express themselves strongly as to the benefits
likely to result to
the Island by such a measure.
The War is raging with unabated violence on the American Shores of
the
Straits of Fuca; the Farmers and their families have either been
Massacred, or found to fly into the little Townships along
Pugets Sound
for protection. The Nisqually and Puyallup Indians (fishers) and the
Klileatats & Yahemassianie Indians, are as yet the only Tribes who have openly declared
war, but they are using Every effort of persuasion &
intimidation to induce the adjoining Tribes to side with them, & there
is I believe but little doubt as to what will be the result of their
Machinations. As yet the
Vancouver Island Indians are quiet &
apparently uninterested, but from personal investigation and through the
Agency of Indians in my pay I have become Cognisant of a State of
feeling amongst them which is not to be triffled with. The progress of
the war is a matter of constant discussion with them, & the as yet
successful efforts of the Red Skin is viewed with Evident satisfaction.
The H.B.C
o have been furnishing the Americans with powder & arms, and
also have tendered the use of their Steamer on various occasions; this
has not Escaped the notice of the Savages and the belief is current
amongst them at present, that the
King George Man (The British
Subject)
& the Bostons (Citizens of the United States)
are allies,
and that the ultimate destruction of the red skin is their object. The
whites on
Vancouvers Island are placed in a very difficult position, a
position that requires an abler man at the head of affairs than
Mr
Douglas—Nous Verrons!
I have been endeavouring to secure
some
Washington Territory
Newspapers for you, but with small success. The call for Volunteers
there has been so urgent that Editors and [printers] Devils have [been]
forced to take up the Rifle and Bowie Knife, thus causing a cessation to
the issue of "
Gazette Extraordinary"
the accompanying newspapers
from that quarter will, though somewhat soiled [will] I trust not be
unacceptable to you, and enable you to form a more correct idea of the
State of affairs at the time of their issue than you can obtain by any
other means.
The small bust herewith, though far from a favorable specimen of
the talent of the Indian Sculptor, will suffice to give you an idea of
their Ingenuity in the line; I have seen most beautiful work of this
description by the Northern Indians; likenesses, so striking as
to be recognised at a glance.
The fall of the Southern portion of Sebastopol was appropriately
honored here by the Resident British and French; a Medal was struck on
the occasion of which I forward you a specimen.
You will have noticed how successful our friend Walker is in
Nicaragua, he shewed wisdom in refusing the Presidency. The sympathy
for him here is very strong—by Every steamer volunteers flock to his
standard, he has wealthy men at his back as you may Judge from the fact
of an agent of his having, within the last few weeks endeavoured to
purchase a Steamer shewing credits to the tune of $100,000.
Minutes by CO staff
Mr Merivale
As I have no papers to refer to (they are in circulation with other
V.C.
Isld documents) I can only state from recollection that
Mr
Swanston sent home the complaints referred to in the Shape of Memorials
to
the Queen, & Houses of Parl
t, without submitting them to the
Governor—that we returned them for the necessary report of that
Officer—that on the receipt thereof the whole question relating to the
Adm
n of justice was brought under review—that the Law Officers were
consulted by us on that subject—that those Authorities delayed even
more than usual to give us their report, but that it was at last sent in
on the
20th inst. It is indeed not suprising Colonists should think
themselves forgotten, & that they feel it no use to apply to
Govt for
protection but resort to private persons to procure redress, when such a
length of time elapses before their complaints are attended to: but you
will bear me out that this Office has not delayed enquiry &
investigation an hour longer than was avoidable. Now, however, the time
seems approaching when the complainants will learn that their
representations, though made at a distance, have been by no means
unheeded.
With respect to the alleged unfitness of
Mr Cameron, if you
remember, this Office wrote to the Governor to inform him of the
representations
recd here against his nominee, and that the Governor
ans
d in a manner which was deemed satisfactory.
It might perhaps be desirable to ack
e the receipt of this Letter
to
Mr Bannister—tell him that the representations of
Mr Swanston
have not been neglected—that measures are in contemplation for placing
the Admin
n of justice in
V.C.I. on a different footing, & that no
unnecessary delay has taken place in this Office in investigating the
complaints.
Mr Ball
I annex the material papers. It will be seen that
Govr Douglas reported on these complaints (1918 of 1854) but that an answer to the
Memorialists was postponed until the Order in C constituting a Supreme
Court should pass.
The discontented colonists did not complain, nor have there been
any complaints so far as I remember, of the absence of a regularly
constituted court—which is all from which the Law Advisers have now at
last relieved them. On the contrary, the memorialists here say they
were satisfied with the original three magistrates. What they complain
of is the (supposed legal) creation of a Court of Justice, & the
selection of
Mr Cameron as its Judge. But as usual there is nothing
specific. The truth is, the few independent people are not & will not
be content with Hudsons' Bay Companys' government: but what is the
alternative?
Mr Labouchere
Though you will not be disposed to place great reliance on the
statements of
Mr Swanston, the friend of Walker of Nicaragua
notoriety yet these papers deserve I think your perusal.
I may observe that in such a place as
V. Island the good
administration of justice depends far more on the
man who
administers it than on the form of the Court or the rules of procedure.
I should think it a very important object to obtain the services of a
steady respectable man of moderate legal attainments—of high personal
character—& no connexion either with the H.B. Comp
y or any
speculations in that region to preside in the Court.
This Paper has I notice yet not answer. I believe it is my own
fault. If any answer is necessary it shd be as
Mr Blackwood advises.
Other documents included in the file
Draft,
Ball to
Swanston,
1 July 1856, explaining the arrangements
that had been taken to establish a court of justice in
Vancouver Island
and the appointment of
Cameron as chief justice.
Minutes by CO staff
Perhaps a copy shd go to the Govr.
Documents enclosed with the main document (not transcribed)
1. [
Swanston to
Banister],
Vancouver Island,
20 December 1855,
stating the accompanying letter had been presented to the committee
appointed by the colonists, three of whom signed it (
Cooper,
Banfield,
and
Yates) and the other two (
Langford and
Skinner) strongly approved it
but did not sign for fear the Hudson's Bay Company would retaliate
against them and their families.
2.
Cooper,
Banfield, and
Yates to
Banister, no date, complaining
they had heard nothing from the petition forward to Downing Street
nearly two years previously and forwarding copies of it and other papers
and soliciting his aid.
3. Petition, no date, addressed to
Douglas and signed by 90
persons, protesting the appointment of
Cameron and conditions generally
in the colony.
4. Memorandum, no date, describing unfavourably
Cameron's
background and behavior.
5. Copy of a report, "Whig Resolutions,"
Puget Sound Courier,
no date, advocating the acquisition of "the
Sandwich Islands,
Vancouver's Island, and all of British North America."
6. Copy of "a Leading article from a
Washington Territory paper,"
no date, entitled, "More Indian Depredations."
7. Copy of an account from the
Olympia Pioneer and Democrat,
23 November 1855, reporting a clash between regular troops and Indigenous forces.
8. Copy of other reports, Pioneer and Democrat, 23 November
1855.
People in this document
Ball, John
Banfield, William “Eddy”
Banister, Thomas
Blackwood, Arthur Johnstone
Cameron, David
Cooper, James
Douglas, Sir James
Labouchere, Henry
Langford, Edward Edwards
Merivale, Herman
Skinner, Reverend Thomas James
Swanston, Robert S.
Victoria, Queen Alexandrina
Walker, William
Yates, James
Places in this document
Hawaiʻian Islands
Juan de Fuca Strait
London
Olympia
Puget Sound
San Francisco
Vancouver Island
Victoria
Washington Territory