Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Despatch to London
Douglas, Sir James to Labouchere, Henry 29 December 1857, CO 305:8, no. 2084, 271.
Abstract
Despatch to London.
Minutes (9), Enclosures (untranscribed) (2), Other documents (2).
Douglas debriefs the Colonial Office on the state of the “Couteau Mines.” He reports that the “auriferous character” is developing and lays out his plans
for law enforcement, regulations and surveillance of mining activities in the region.
The minutes discuss authority over the region and whether the establishment of a colony
would be appropriate.
Enclosed is a proclamation by Douglas respecting the disposition of the gold fields within the Fraser and Thompson River Districts and the regulations governing the issuance of gold licenses for the region.
No. 35
1. Since I had the honor of addressing you on the 15th of July
last, concerning the Gold fields in the interior of the continent north
of the 49th parallel of latitude, which for the sake of brevity, I
will hereafter speak of as the "Couteau Mines," (so named after the
Tribe of Indians who inhabit thecountry)
country), I have received further
intelligence from my correspondents in that quarter.
country), I have received further
intelligence from my correspondents in that quarter.
2. It appears from their reports that the auriferous character of
the country is becoming daily more developed through the exertions of
the native Indian Tribes who having tasted the sweets of gold finding,
are devoting much of their time and attention to that pursuit.
3. They are however at present almost destitute of tools for
moving the soil, and of washing implements for separating the gold from
the earthy matrix and have therefore to pick it out with Knives or to
use their fingers for that purpose; a circumstance which in some measure
accountsfor
for the small product of gold up to the present time, the
export being only about 300 ounces since the 6th of last October.
for the small product of gold up to the present time, the
export being only about 300 ounces since the 6th of last October.
4th The same circumstance will also serve to reconcile the
opinion now generally entertained of the richness of the gold deposits
by the few experienced Miners, who have seen the "Couteau" country with
the present paucity of production.
5. The reputed wealth of the "Couteau Mines" is causing much
excitement among the population of the United States Territories of
Washington and Oregon, and I have no doubt that a great number of people
from those Territories will be attracted thither with the return of the
fine weather in spring.
6. In
6. In that case difficulties between the natives and whites will
be of frequent occurrence and unless some measures of prevention are
taken the country will soon become the scene of lawless mis-rule.
7. In my letter of the 15th of July, I took the liberty of suggesting the appointment of an Officer invested with authority
to
protect the natives from violence and generally as far as possible to
maintain the peace of the country.
8. Presuming that you will approve of that suggestion I have as a
preparatory step, towards the proposed measures for the preservation of
peace and order this day, issued a proclamation declaring the rights of
the crown in respect to gold found in itsnatural
natural place of deposit
within the limits of Fraser's River and Thompson's River Districts,
within which are situated the "Couteau Mines," and forbidding all
persons to dig or disturb the soil in search of Gold until authorized on
that behalf by Her Majesty's Colonial Government.
natural place of deposit
within the limits of Fraser's River and Thompson's River Districts,
within which are situated the "Couteau Mines," and forbidding all
persons to dig or disturb the soil in search of Gold until authorized on
that behalf by Her Majesty's Colonial Government.
9. I herewith forward a copy of that proclamation, and also of the
regulations since published setting forth the terms on which Licenses
will be issued to legalize the search for gold on payment of a fee of
ten shillings a month payable in advance. [Marginal note: Enclosures 1
& 2]
10. When Mining becomes a remunerative employment and there is
proof of the extent and productiveness of the gold deposits I would
propose that the License fee begradually
gradually increased, in such a manner
however as not to be higher than the persons engaged in mining can
readily pay.
gradually increased, in such a manner
however as not to be higher than the persons engaged in mining can
readily pay.
11. As it is particularly desirable to place a legal check on the
movements of American citizens and to prevent them from entering the
British Territory either for Mining or other purposes, I propose having
the Proclamation and the License regulations now issued, published in
the Oregon and Washington Territory weekly Journals, so that the laws
regulating and legalizing the search for gold may be generally known,
and that American citizens may not have the excuse of ignorance to plead
in extenuation of breaches of the law.
12. My
12. My authority for issuing that Proclamation, seeing that it
refers to certain Districts of Continental America, which are not
strictly speaking within the Jurisdiction of this Government may perhaps
be called in question, but I trust that the motives which have
influenced me on this occasion, and the fact of my being invested with
the authority, over the premises, of the Hudson's Bay Company; and the
only authority commissioned by Her Majesty within reach, will plead my
excuse. Moreover should Her Majesty's Government not deem it advisable
to enforce the rights of the Crown as set forth in the Proclamation, it
may be allowed to fall to the ground, andto
to become a mere dead letter.
to become a mere dead letter.
13. If you think it expedient that I should visit the "Couteau
Mines," in course of the coming spring or summer, for the purpose of
enquiring into the state of the country, and authorize me to do so, if I
can for a time conveniently leave this Colony, I freely place my
services at the disposal of Her Majesty's Government.
The Right Honble Henry Labouchere Esqre
Her Majesty's principal Secretary of State
For the Colonial Department.
Her Majesty's principal Secretary of State
For the Colonial Department.
Minutes by CO staff
Mr Merivale
The Govr has shaped his proceedings according to the instructions concerning licenses &c which Sir J. Pakington gave him in /52, when gold was discovered in Queen Charlotte's Isld. See annexed P.P. 788 Page 12. I think myself that the Hudson's Bay Co, who are at present the beneficiares under the license, shd be requested to provide the necessary funds for the appointment of the proposed Officer, & that steps shd be taken forthwith for that purpose.
The Govr has shaped his proceedings according to the instructions concerning licenses &c which Sir J. Pakington gave him in /52, when gold was discovered in Queen Charlotte's Isld. See annexed P.P. 788 Page 12. I think myself that the Hudson's Bay Co, who are at present the beneficiares under the license, shd be requested to provide the necessary funds for the appointment of the proposed Officer, & that steps shd be taken forthwith for that purpose.
ABd
2/3
Other documents included in the file
Draft warrant appointing Douglas to be "Lieutenant Governor of HM's
Territories and Possessions in North America which are bounded on the
North by the 54h Degree of North Latitude, on the East by the Rocky
Mountains and on the South by the 49h Degree of North Latitude."
Draft, Colonial Office to Attorney General and Solicitor General,
22 April 1858, asking that they "peruse and settle" the annexed
draft warrant, with explanation.
Minutes by CO staff
It is very irregular that we cannot find any authentic information
whether there are any magistrates appointed by the Crown in the licensed
territory. Mr Ellice in his evidence, 5888, says there are,
Mr Barr the Company's legal adviser assures me there are not.
It would be important to ascertain the fact. And I think the new Lieut.
Gov. should also have a Commission as such Magistrate.
Lord Carnarvon
I cannot find the "Couteau River" on the maps, but presume it from the description to be between Fraser & Thom[p]son's rivers.
I cannot find the "Couteau River" on the maps, but presume it from the description to be between Fraser & Thom[p]son's rivers.
Gov. Douglas deserves in my opinion much credit for acting—as he
always has done—with promptitude & intelligence in the line pointed out
to him by the home Government, and making light of difficulties instead
of creating them, in a position by no means clear & with very little
assistance of any kind.
But I must refer to a former minute on 8657. There is no legal
authority in North-Western America, except, for certain purposes, the
Courts of justice in Canada. The H.B.Co. have under Act of Parlt a
license for exclusive trade with the Indians
in that territory until May
1859, but they have no other authority whatever. Govr Douglas (a
servant of the Company) has no authority from the Crown beyond
Vancouver's Island "and its dependencies" whatever that may mean. His
proclamation I take therefore to be wholly without legal force, until
adopted by the Crown (which I apprehend it should be).
in that territory until May
1859, but they have no other authority whatever. Govr Douglas (a
servant of the Company) has no authority from the Crown beyond
Vancouver's Island "and its dependencies" whatever that may mean. His
proclamation I take therefore to be wholly without legal force, until
adopted by the Crown (which I apprehend it should be).
It is competent for the Crown, notwithstanding the Existing
license, to erect at any time any portion of the N.W. Territory into a
colony, and to abolish the exclusive trade within the colony so erected.
And I am inclined to think that, without interfering with the
Company's license at all, it might be practicable, and convenient,
to
issue an ordinary Lieut. Governor's commission to Gov. Douglas, over a
certain portion of the N.W. Territory (say between lat. 49o & 53o
or 54o N.). This would give him at least a semblance of authority,
which would also be useful in the Event of possible complications with
the U.S. arising out of the Mormon affair (it having been previously
suggested to us as probable that Brigham Young when hard pressed may
convey his Community into the British territories).
to
issue an ordinary Lieut. Governor's commission to Gov. Douglas, over a
certain portion of the N.W. Territory (say between lat. 49o & 53o
or 54o N.). This would give him at least a semblance of authority,
which would also be useful in the Event of possible complications with
the U.S. arising out of the Mormon affair (it having been previously
suggested to us as probable that Brigham Young when hard pressed may
convey his Community into the British territories).
The only objection I see to this course would be that it would, no
doubt, attract a certain number of adventurers, who would treat it
as an
invitation to insult the Company's monopoly.
as an
invitation to insult the Company's monopoly.
As to the plan of granting gold "licences" adopted by the Governor
on our suggestion, it is one which works well for a time & occasionally,
because those who have paid for their license combine with the
authorities to keep out interlopers. But it becomes unpopular as soon
as profits fall off, and has been abolished in Victoria for some time.
But several questns arise as to the future.
If we erect into a colony a tract now in hands of the H.B.C., by
giving Gov. D. a Commission over it, do we thereby necessarily
put an
end to the license for exclusive trade? Or can the two co-exist
for a time?
end to the license for exclusive trade? Or can the two co-exist
for a time?
Except in case of necessity, I shd be reluctant to deal with the
license quesn (I mean the H.B.C. monopoly) except as a whole.
If the exclusive rights are not destroyed, there can be no claim
for compensatn. If they are destroyed, I fear such a claim, though
not for one year, will be raised.
If there is a doubt as to our posn relatively to the H.B.C.
might not the law officers be consulted?
I refer this to Mr Merivale's judgment, & ask him for further
informn.
S
M 8
See 2459 since arrived.
My own opinion is that under the existing license the Crown might
constitute, legally, a Colony in
Northwestern America, within the
"licensed" territory, and yet not give the colonists the right of
trading with the Indians during the continuance of such license. But I
would submit that this would practically be an impossible course.
Colonists could not be freely offered land at the fixed terms of
purchase (which is essential to the modern way of colonization) and at
the same time restricted from trading with Indians on their own soil;
which would nevertheless be a necessary restriction if the license
monopoly is to be maintained in its integrity. No attempt was made to
maintain the monopoly in Vanc. I. after it became a colony: I mean in
point of law, though practically the Company retains it to a
considerable extent. See Mr Cooper's evidence 3838 & (Report).
Northwestern America, within the
"licensed" territory, and yet not give the colonists the right of
trading with the Indians during the continuance of such license. But I
would submit that this would practically be an impossible course.
Colonists could not be freely offered land at the fixed terms of
purchase (which is essential to the modern way of colonization) and at
the same time restricted from trading with Indians on their own soil;
which would nevertheless be a necessary restriction if the license
monopoly is to be maintained in its integrity. No attempt was made to
maintain the monopoly in Vanc. I. after it became a colony: I mean in
point of law, though practically the Company retains it to a
considerable extent. See Mr Cooper's evidence 3838 & (Report).
HM
Mh 22
The license so clearly contemplates that the exclusive trade should
be abolished wherever a colony is constituted, that I cannot think there would be any claim for compensation.
be abolished wherever a colony is constituted, that I cannot think there would be any claim for compensation.
I would observe in addition that the Act 1 & 2 Geo 4. c. 66.
sect 10.11.12. makes provision for the appointment of Magistrates &
administration of justice throughout the Northwestern Territory. So
that, strictly speaking, we possess probably the machinery for keeping
things in order, if the gold discovery on Fraser's River should be
realized, until May 1859, without creating a colony.
I agree that a Commission as Lieut. Gov. shd be issued to Gov. Douglas, extending over a district sufficient to cover the gold fields.
S
24
Documents enclosed with the main document (not transcribed)
1. Proclamation by Douglas, 28 December 1857, respecting the disposition of the gold fields within the Fraser and Thompson River Districts.
