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 11 October 1858, CO 60:1, no. 12180, 181.
Abstract
Despatch to London.
Minutes (7), Other documents (2), Marginalia (2).
Douglas updates the status of British Columbia. He reports that due to the “unexpected force” of American immigration he has acted
“in many cases without delay, and without distinct legal authority” using his discretionary
power in order to assert the “dominion of the Crown over the gold region.” Douglas agrees to Lytton’s suggestion of “moderate duties” on imported alcohol and other articles in order
to raise state revenue.
Douglas also reports that Pemberton has surveyed several town sites on the Fraser River: Old Fort Langley, Fort Yale and Fort Hope. The disposal of public land will be another source of revenue.
Douglas assures the CO that British Columbia will be self supporting as soon as possible and that he will give his “fullest scope”
to their “humane considerations for the improvement of the native Indian Tribes” and
will protect their rights to avoid “collisions” with settlers.
The minutes find Douglas’s report “very satisfactory” and print it immediately for the Cabinet.
No. 43
1. I have the honor to acknowledge the receipt of your
Despatch No 6 of the 31st of July
last,
1
communicating the views which you entertain upon various topics of
importance bearing upon the present situation of affairs and the
establishment of a regular government in British
Columbia.
2
Though
2. Though I regret that the pressure of public business, the want
of efficient aid, and irregular mail facilities have prevented me from
communicating so fully with you as the position of affairs required, it
is very gratifying to my feelings, to discover from the communication of
those views in your despatch, that the measures which have been adopted
with the view of raising a revenue for defraying the expenses of
Government in that Country, co-incide so closely as they do with those
recommended in your Despatch.
3. In consequence ofthe
the unexpected force of the immigration
from the United States, and the pressure of the masses, we were
compelled in the emergency, by a stern necessity, either to take
the initiative, and to give a direction to the masses, or to submit to
their dictation, as to the measures which the government had to pursue.
the unexpected force of the immigration
from the United States, and the pressure of the masses, we were
compelled in the emergency, by a stern necessity, either to take
the initiative, and to give a direction to the masses, or to submit to
their dictation, as to the measures which the government had to pursue.
4. For that reason, I had to act in many cases without delay,
and without distinct legal authority, except that discretionary
power derived from my Commission as Governor of Vancouver's Island,
which I believe applies to all cases affecting the public interestsnot
not provided for in Her Majesty's instructions.
not provided for in Her Majesty's instructions.
5. In asserting the dominion of the Crown over the gold region, and
the rights of the Crown over the precious metals, I felt that I was
acting clearly according to constitutional law and usage, but I did not
feel equally certain about the expediency, or the power of enforcing
those rights by levying the Licence duty on miners, in a remote and
almost inaccessible country.
6. Being in urgent want of money to meet the unavoidable increasing
expenditure of Government, consequenton
on the influx of people, I
conceived it would be only proper to make them bear the cost of that
expenditure, and that circumstance suggested the idea of levying a
month's licence in advance, on every person entering Fraser's River, with
the condition, however, that the certificate of such payment would be
received in compensation of the first month's mining, on the claim
assigned to the party holding it in Fraser's River; a measure which was
immediately carried into effect, with the satisfactory results of
creating a fund to meet our immediate expenses, and securing the support
of a large bodyof
of miners, who having paid the Crown dues, insisted that
any such person as had evaded that payment, should either comply with the
Government regulation, or relinquish their mining claims, thus lending a
prodigious moral power to the Government, while enforcing the mining
duty.
on the influx of people, I
conceived it would be only proper to make them bear the cost of that
expenditure, and that circumstance suggested the idea of levying a
month's licence in advance, on every person entering Fraser's River, with
the condition, however, that the certificate of such payment would be
received in compensation of the first month's mining, on the claim
assigned to the party holding it in Fraser's River; a measure which was
immediately carried into effect, with the satisfactory results of
creating a fund to meet our immediate expenses, and securing the support
of a large bodyof
of miners, who having paid the Crown dues, insisted that
any such person as had evaded that payment, should either comply with the
Government regulation, or relinquish their mining claims, thus lending a
prodigious moral power to the Government, while enforcing the mining
duty.
7. I have, however, from the first doubted the expediency of
levying the duty on mining licences, which will always be an unpopular
tax, besides being arduous and expensive to levy in a country so
extensive and difficult of access as Fraser's River, I therefore much
prefer to thattax
tax, the adoption of the views entertained in your
despatch, as a means of raising a revenue; that is, levying moderate
duties in Beer, Wine and Spirits, and other articles subject to taxation,
this being in fact continuing the import duty of 10 per cent ad valorem,
at present levied on all goods imported into British Columbia.
tax, the adoption of the views entertained in your
despatch, as a means of raising a revenue; that is, levying moderate
duties in Beer, Wine and Spirits, and other articles subject to taxation,
this being in fact continuing the import duty of 10 per cent ad valorem,
at present levied on all goods imported into British Columbia.
8. The disposal of public lands and also of Town lots as suggested
in your despatch, will I think prove a prolific source of revenue;
besides having the effect of opening the country for permanent
settlement. In my late excursion to Fraser's River, of which I will soon
forward anaccount
account, the most urgent appeals were made to me by intending
settlers, on the prospect of approaching winter, for the purchase of Town
lots at Fort Yale and Fort Hope, but having no legal authority to make
sales of land, or to grant sufficient titles, I could only meet their
wishes by giving leases of the desired lots, at a monthly rent, of 41
shillings, to be continued, with a pre-emption right to the holder, until
the land is finally sold.
account, the most urgent appeals were made to me by intending
settlers, on the prospect of approaching winter, for the purchase of Town
lots at Fort Yale and Fort Hope, but having no legal authority to make
sales of land, or to grant sufficient titles, I could only meet their
wishes by giving leases of the desired lots, at a monthly rent, of 41
shillings, to be continued, with a pre-emption right to the holder, until
the land is finally sold.
9. Since the arrival of your despatch, I have sent Mr Pemberton, the Surveyor General to lay out three several town sites
on Fraser's River, namely atOld
Old Fort Langley
Fort Hope
Fort Yale 3 there being a demand at each of those places for Town lots, in consequence of their position at important trading points of the River, which gives them a peculiar value in the estimation of the public.
Old Fort Langley
Fort Hope
Fort Yale 3 there being a demand at each of those places for Town lots, in consequence of their position at important trading points of the River, which gives them a peculiar value in the estimation of the public.
10. The Surveyor has advertized a public
sale,
4
at this place, of Town lots 64 x 120 feet, in extent at old Fort Langley,
for the 20th of this month, October, the upset price to be 100
dollars for each lot of that size, and not to be sold for less than the
upset price. Though this is not a propitious time for the disposalof
of Town lots; it is expected that the Government will realize a
considerable sum from that sale.
of Town lots; it is expected that the Government will realize a
considerable sum from that sale.
11. We also look forward to raising a considerable sum through
the duty on licenced Ale and Beer houses, and also on trading
Licences, should it be considered judicious to continue such taxes.
12. I am anxious to save the present Mail and will therefore
leave the subject of revenue, until I can prepare a digested report
on the subject, and have an opportunity of ascertaining, as you again
have suggested, thesense
sense of the immigrants upon so important a matter.
sense of the immigrants upon so important a matter.
13. I will not fail to keep steadily in view the fact, that the
Imperial Parliament will expect that British Columbia shall be self
supporting as soon as possible and that it is the desire of the
Mother Country that representative institutions and self-government
should prevail in that Colony, as soon as the material for those
Institutionsare
are shewn to exist, and to that object, we shall as
you recommend, aim and shape all our policy.
are shewn to exist, and to that object, we shall as
you recommend, aim and shape all our policy.
14. I observe also your intention of despatching a party of Royal
Engineers for British Columbia and the particular objects for which that
force is to be despatched;the
the manner in which it is the wish of Her
Majesty's Government that Force should be employed, and the Government of
British Columbia be carried on, are important subjects to which I will
give all the consideration which their vast importance requires.
the manner in which it is the wish of Her
Majesty's Government that Force should be employed, and the Government of
British Columbia be carried on, are important subjects to which I will
give all the consideration which their vast importance requires.
15. I also observe your intention of sending out an experienced
Inspector of Police to assist in the formation of a police force, and I
am convinced that he will be of great service to the government though we
have already organized a force of that description, and also sworn in a
number of Special police, consisting of the inhabitants of Fort Yale, to
be employed on emergenciesin
in keeping the peace.
in keeping the peace.
16. I shall not fail to give the fullest scope to your humane
considerations for the improvement of the native Indian Tribes and
shall take care that all their civil and agrarian rights be protected.
I have in fact already taken measures as far as possible to prevent
collisions between those tribes and the whites, and have impressed
upon the miners the great fact that the law will protect the Indian
equally with the white man, and regard him in all respects as a fellow
subject. That principle being admitted will go fartowards
towards the well
being of the Indian tribes and securing the peace of the country.
towards the well
being of the Indian tribes and securing the peace of the country.
17. I shall also by every means in my power endeavour to
secure the confidence of the inhabitants of British Columbia, and to
attach them by the ties of interest to the existing Government.
18. I regret that time does not permit me to report to you
more fully on this occasion, as the mail
steamer
5
has just arrived from Puget's Sound and will leave at an early hour
tomorrow; but Her Majesty's Government may rest assured that the
instructions I have received will be fully carried intoeffect
effect, and that
all our measures will be framed upon those instructions.
effect, and that
all our measures will be framed upon those instructions.
Minutes by CO staff
I think that this is a very satisfactory report from the Govr.
He promises fuller communication on many points but generally he appears
to have done very well. It will be observed that he has organized a
police force & sworn in Special Constables. This desp. will probably be
printed for Parlt but I hardly think it need be circulated for the
Cabinet?
C
Nov 30
Print these for the Cabinet immediately—of course for
Parlt.
7
I do not see among these papers a confl despatch or letter in wh
the Govr accepts the Commission & asks 5000£ a year. Where is it.
Look it up. Copies of these & other papers to the Queen.
EBL
Dec 7
Approve answers to these Despatches to be drafted. Perhaps
Mr Blackwood will do so.
Other documents included in the file
Minutes by CO staff
Sir Edward
I think it worth your serious consideration whether this desp. sd not be a confidential one. Treating as it does of many branches of this question, & throwing out hints for Govt rather than laying down fixed rules, it seems to me to be of the character of a private communication. It is always to be borne in mind that in printing for parliament it is extremely difficult to withold a public desp. but that nothing
is simpler
under circumstances such as these to publish a confidential letter wh
treats the question generally.
I think it worth your serious consideration whether this desp. sd not be a confidential one. Treating as it does of many branches of this question, & throwing out hints for Govt rather than laying down fixed rules, it seems to me to be of the character of a private communication. It is always to be borne in mind that in printing for parliament it is extremely difficult to withold a public desp. but that nothing
is simpler
under circumstances such as these to publish a confidential letter wh
treats the question generally.
[The following draft by Lytton also relates to this despatch.]
He will have ample instructions on receiving [report?] of
his apptment it is hoped by the next mail.
Meanwhile, his answer is expected whether he will serve as Govr
on the condition of renouncing entirely all connexion with the H.B.C
directly or indirectly, & it must be added, with the Puget Sound Company.
That he will consider if that answer to him for an appointment under the
Crown wh is necessarily only held with
discretion.
9
That he will bear in mind that any suspicion that his bias is to
favour the H.B.C. interests rather than the imperial wd be fatal to
the authority which must owe so much of its force to popular
consideration & confidence.
That if on reflexion it does not [occur?] to
him thus, at all events for the present to exchange his present position
& emoluments &c . . . he would be retained for the present at Vancouver &
a separate Govr be sent to B Columbia & that the ability he has
hitherto shewn would be remembered should he desire, next year at the
expiration of the H.B. licence to enter bona fide into the Imperial
Colonial
Service.
10
That his immediate course will be to raise a revenue by a Custom House. That he will lay moderate duties on beer wine spirits &c. That a large revenue is expected. That it is the intention of the Govt to make the Colony support all its expenses as soon as possible. That this will be his paramount object. That he will proceed
to survey immediately
the site of a city it is presumed by the mouth of Fraser river for the
sale of land. That a Surveyor General with some sappers & miners which
will also serve as a force will be sent immediately to assist him. That
it is expected to raise a large amount by city land sales. That he will
devote himself to [cultivating?] the confidence and good will of the
emigrants & shew no jealousy whatever of Americans or other foreigners.
That the Colony is intended for free institutions at the earliest moment,
that he will meanwhile ascertain what Americans resorting to the diggings
have the most influence, or popularity amongst the diggers, that
he will
get into frank & friendly communication with them, as to the best means
for preserving order, & securing the interests & peace of the Colony.
That he will consider whether amongst them, there be not such as he could
immediately take into a Council, such men as if an elective Council were
[selected?] the diggers themselves wd be likely to elect. That what
he must carefully avoid is the appearance as if himself & an armed force
were standing agst the Population. That he must on the Contrary
consider that his real strength is the conviction of the popn that
their interests are identical with those of the Govt & the Force as
little obtrusive as possible.
That he will consider well the best & most
humane means of dealing with the Native Indians. That the desirable
thing would be to remove them, by [argument?], agreement, & reasonable
terms from the Diggings most thronged to by the whites. That this is
left to his experience & knowledge of them. That possibly an arrangement
might be made between the whites & Natives by which the Indians might
have a digging of their own at a distance, unmolested & supplied with
mining tools for their own
benefit.
That no doubt there are auriferous deposits not yet discovered wh
might be thus provided.
11
That the miners & sappers must be considered
merely as a temporary assistance at the
Expence of the M[other] Cy.
That if continued it would be at the Expense of the Colony. That to
support itself, by free & representative institutions, is the object for
the Colony at which he must aim & shape all his policy from the
commencement.
That if on reflexion it does not [occur?] to
him thus, at all events for the present to exchange his present position
& emoluments &c . . . he would be retained for the present at Vancouver &
a separate Govr be sent to B Columbia & that the ability he has
hitherto shewn would be remembered should he desire, next year at the
expiration of the H.B. licence to enter bona fide into the Imperial
Colonial
Service.
Already explained in confid. desph.. [ABd.]
That his immediate course will be to raise a revenue by a Custom House. That he will lay moderate duties on beer wine spirits &c. That a large revenue is expected. That it is the intention of the Govt to make the Colony support all its expenses as soon as possible. That this will be his paramount object. That he will proceed
to survey immediately
the site of a city it is presumed by the mouth of Fraser river for the
sale of land. That a Surveyor General with some sappers & miners which
will also serve as a force will be sent immediately to assist him. That
it is expected to raise a large amount by city land sales. That he will
devote himself to [cultivating?] the confidence and good will of the
emigrants & shew no jealousy whatever of Americans or other foreigners.
That the Colony is intended for free institutions at the earliest moment,
that he will meanwhile ascertain what Americans resorting to the diggings
have the most influence, or popularity amongst the diggers, that
he will
get into frank & friendly communication with them, as to the best means
for preserving order, & securing the interests & peace of the Colony.
That he will consider whether amongst them, there be not such as he could
immediately take into a Council, such men as if an elective Council were
[selected?] the diggers themselves wd be likely to elect. That what
he must carefully avoid is the appearance as if himself & an armed force
were standing agst the Population. That he must on the Contrary
consider that his real strength is the conviction of the popn that
their interests are identical with those of the Govt & the Force as
little obtrusive as possible.
That he will consider well the best & most
humane means of dealing with the Native Indians. That the desirable
thing would be to remove them, by [argument?], agreement, & reasonable
terms from the Diggings most thronged to by the whites. That this is
left to his experience & knowledge of them. That possibly an arrangement
might be made between the whites & Natives by which the Indians might
have a digging of their own at a distance, unmolested & supplied with
mining tools for their own
benefit.
That no doubt there are auriferous deposits not yet discovered wh
might be thus provided.
11
That the miners & sappers must be considered
merely as a temporary assistance at the
Expence of the M[other] Cy.
That if continued it would be at the Expense of the Colony. That to
support itself, by free & representative institutions, is the object for
the Colony at which he must aim & shape all his policy from the
commencement.
That his opinion is asked as to sales of land in London
there being a great [disposition?] to purchase here.
That the price of the land shd include the expense of survey &
title. So that each purchaser has his land surveyed
without cost to the M. Country in that survey.
Finally to repeat he will consider his first course to be to raise
Revenue by Customs—& land sale. As to digging licenses he will consider
well whether they are advisable, & sufficiently popular. That in this it
would be well to ascertain the general sense of the immigrants.
That probably he will have no difficulty in [gaining?] boats
from the river as required. That there wd be difficulty & delay in
sending him gun boats but that you desired his views & wishes thereon &c.
Minutes by CO staff
Memo for Blackwood on despatch.
Add it is under consideration whether to send out an experienced Inspector of police to assist in the formation of a police body, in the meanwhile the organization of a police will necessarily be the care of the Governor in such a mode as may be most popular & conformable with the general feelings of the immigrants on a subject so essential to their common security. They should understand at once how well it is to rely on themselves & not on military force for preservation from
internal
disturbances.
Add it is under consideration whether to send out an experienced Inspector of police to assist in the formation of a police body, in the meanwhile the organization of a police will necessarily be the care of the Governor in such a mode as may be most popular & conformable with the general feelings of the immigrants on a subject so essential to their common security. They should understand at once how well it is to rely on themselves & not on military force for preservation from
internal
disturbances.
Correct in despatch the too strong expression that it may
not be possible to remove the Indians into the query—would
it be possible.
Footnotes
- Lytton to Douglas, 31 July 1858, No. 6, CO 410/1, p. 147.
- See footnote in Douglas to Lytton, 30 September 1858, No. 42, 12179, CO 60/1, p. 169.
-
According to the Gazette, Pemberton arrived in Yale about 14
October and
immediately commenced a survey of the town, which will be finished in a few days.
Fort Hope was laid out by Oswald Travaillot, assisted by Corp. Fisher, R.E. See Douglas to Lytton, 12 October 1858, No. 3, 12721, CO 60/1, p. 213. For Fort Langley see footnote below. Letter of instructions, Col Sec Corr, PABC.?? - = at Fort Langley.
Gazette, 1 October 1858:
Notice is hereby given that the Land in the vicinity of, and including the site of 'Old Fort Langley,' is to be surveyed for a Town Site. Corner posts of the blocks will be put in, the blocks numbered, and Town Lots sold without reservations, unless for the use of Government, at Victoria, on or about the 20th inst. The upset price to be one hundred dollars per single lot of 64 x 120 feet. By Order of the Governor. Joseph D. Pemberton, Colonial Surveyor.
The sale was deferred and did not take place until 25 November, after the formal establishment of colony. See notice dated 10 November, Gazette, 11 November 1858, and Douglas to Lytton, 29 November 1858, No. 38, 1054/59, CO 60/1, p. 457. - Identify, from Gazette ??
- I.e, Douglas to Lytton, 30 September 1858, No. 42, 12179, CO 60/1, p. 169.
- = Parliamentary Papers. The printing of Parliamentary Papers was a tradition of long standing as a means of providing members with background information to issues of public moment, in this instance the gold rush and subsequent establishment of the colony of British Columbia. Thus selected despatches from Douglas were printed for Parliament under the title Papers Relative to the Affairs of British Columbia. Copies of Despatches from the Governor of British Columbia to the Secretary of State for the Colonies, and from the Secretary of State to the Governor, relative to the Government of the Colony, Parts I and II (London: George Edward Eyre and William Spottiswoode, 1859, 1860). Add note about printing for cabinet, from Pugh??
- = misdated signature. The date indicates that this draft reply (and the minutes that follow) were generated before the minutes on the despatch in this file (12180). This material was apparently misfiled by CO staff and should be read in connection with Douglas to Stanley, 19 May 1858, No. 23, 6667, CO 305/9, p. 87.
- See Lytton to Douglas, 31 July 1858, CO 410/1, p. 145. The labels "Private" and "Confidential" were often used interchangeably by CO staff at this time.
- I.e., Lytton to Douglas, 31 July 1858, CO 410/1, p. 145.
- Indigenous peoples policy. This suggestion is omitted in the final draft of this despatch, which was forwarded to Douglas.