Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Despatch to London
Douglas, Sir James to Lytton, Sir Edward George Earle Bulwer 30 August 1858, CO 60:1, no. 10344, 134.
Abstract
Despatch to London.
Minutes (7), Enclosures (untranscribed) (5), Other documents (4).
Douglas submits instructions issued to the Assistant Gold Commissioners and a Proclamation
establishing “Harbor Regulations and for the regulation of boats and other small craft
employed on the coast of Vancouver’s Island.”
The minutes debate the quality and extent of the regulations but rely on Douglas’s “discretion” in the matter.
No. 37
I herewith transmit for the information of Her Majesty's Government,
copy of the instructions issued to the Assistant Gold Commissioners, to
be employed in Fraser's River and also a Proclamation issued on the
25th of
Instant
1
establishing Harbor Regulations and for the regulation ofBoats
Boats and other
small craft, employed on the coast of Vancouver's Island, which
I trust may meet with the approval of Her Majesty's Government.
Boats and other
small craft, employed on the coast of Vancouver's Island, which
I trust may meet with the approval of Her Majesty's Government.
The Right Honble Sir Edward Bulwer Lytton Bart.
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 Elliot
This despatch supplies the regulations which have been adopted for working the gold. They appear to be:
This despatch supplies the regulations which have been adopted for working the gold. They appear to be:
1. That for the present, licences shall be issued
at 21/- a month, which shall confer a claim to the following
spaces, vizt 25 feet of the bank of the River, 25 feet of
each bank of a creek or Ravine or 20 square feet of table land.
2. That these licenses shall extend only to alluvial gold
and not to matrix gold combined with quartz or other rock.
3. That special application is to be made for permission to work
the quartz veins;the
the applicant giving security to the amount of £2,000
for the payment of a Royalty of 10 per cent on the actual produce. The
claims to consist of half a mile of the course of the river, and to last
for 3 years, renewable at the end of that time if HM's Govt should
approve, and to be forfeited if the holder shall fail to find the
requisite security, or shall not employ at least 20 men or shall neglect
to pay the royalty. Regulations are also laid down with regard
to access to the river, the right to cut timber, and the course
to be followed with respect to any machinery which may be erected.
the applicant giving security to the amount of £2,000
for the payment of a Royalty of 10 per cent on the actual produce. The
claims to consist of half a mile of the course of the river, and to last
for 3 years, renewable at the end of that time if HM's Govt should
approve, and to be forfeited if the holder shall fail to find the
requisite security, or shall not employ at least 20 men or shall neglect
to pay the royalty. Regulations are also laid down with regard
to access to the river, the right to cut timber, and the course
to be followed with respect to any machinery which may be erected.
4. In the case of draining ponds or water holes application is to
be made as above. But instead of a royalty, Licenses are to be taken out
by the applicant for the number of men which such water hole or pond may
afford work for. This number to be decided by the Gold Commissioner.
The distinction made between alluvial & matrix gold appears
judicious, but it may be a question whether the Govr has not
made the latter too inaccessible by the large capital which would
be required to work a claim under his regulations.
Approve, however, in reliance on his judgement?
The Harbor regulations might be sent to the Bd of Trade?
HT Irving
12 Oct
This is a matter on which I
presume that we have no alternative
but to rely on the Governor's discretion. The great question in
such regulations in remote places with few functionaries must be
the possibility of enforcement; and that is a matter which can
be conclusively judged of only on the spot.
presume that we have no alternative
but to rely on the Governor's discretion. The great question in
such regulations in remote places with few functionaries must be
the possibility of enforcement; and that is a matter which can
be conclusively judged of only on the spot.
TFE
12 Oct
Other documents included in the file
Draft, Elliot to James Booth, Board of Trade, 23 October 1858,
forwarding copy of proclamation establishing harbour regulations
for consideration.
Documents enclosed with the main document (not transcribed)
"Instructions to Assistant Gold Commissioners," Victoria, 1 July 1858, and forms referred to in paragraph one of the instructions.
Police regulations, Fort Langley, 13 July 1858.
"General regulations for Gold District," Fort Langley, 13 July 1858.
Provisional regulations for the granting of mining licenses,
Victoria, 30 December 1858 [1857], including form of gold license.
Other documents included in the file
*
Draft of lithographed anwser to applicants requesting introduction
to the governor.
Draft of lithographed form letter of introduction to the governor.
Minutes by CO staff
Mr Merivale
I think that this draft, & the following one will answer Sir Edward's views perfectly.
I think that this draft, & the following one will answer Sir Edward's views perfectly.
ABd
21
I think so?
HM
A 21
Footnotes
- = Proclamation, 25 Aug 58, Harbour Regulations Harbour regulations. Not in file; was forwarded to Board of Trade. Trade replied in Tennent to Merivale (Permanent Under-Secretary), 17 December 1858, 12900, CO 60/2, p. 251. Proclamation in Papers Relative to the Affairs of British Columbia, Part I, p. 33, is about gold mining not harbours. Check?? Gazette ??
- Carnarvon's draft was presumably approved by Lytton and appears as the draft, Lytton to Douglas, Confidential, 14 October 1858, in this file.
- Enclosures: These enclosures are published in Papers Relative to British Columbia, Part I, pp. 30-33, except for the proclamation of 28 December 1857, which appears in the Victoria Gazette, 2 September 1858 ?? Check PABC.