Easterby to Under-Secretary of State
May 18th 1858
The Under Secretary of State
Colonial Office
Downing Street
My Lord,
I beg to acknowledge the receipt of your Lordship's answer dated
March 17th to my application regarding
Queen Charlotte's
Island, and to apologise for again trespassing on your attention.
The enterprise upon which we founded our application was
undertaken in
1852 and was abandoned by
the orders of
Captain Kuper R.N. Your Lordship will perceive therefore that the plea
for compensation does not rest upon unauthorised expenditures
subsequent to the unsuccessful application for a lease of the
mine made in
1853, but is based upon
the discovery of the mine,
the consequent outlay, and the ultimate loss of the vessel. The
adverse decision of H.M. Government conveyed through
Mr Richard Taylor after I left England, and after the names of the gentlemen
at that time associated with me had been submitted and as I
understood accepted, emboldened me to conceive, that while H.M.
Government had favorably entertained the equity of our
application for permission to work the mine we had discovered,
they had found it inexpedient to grant a lease at that time.
Deeming it possible that time, and circumstances may have
modified the objections which then existed I again beg
respectfully to renew my application for permission to work the
mine upon such terms as formerly submitted, or as may
be
vouchsafed by H.M. Government.
The Americans are now flocking to the newly discovered gold
fields on British territory and I respectfully submit that upon
further consideration, H.M. Government, may not think it
presumptuous on our part that we ask for the protection of a
title to work this claim, after having expended so much upon it.
With profound respect, I subscribe myself
Your Lordship's Most obedient
Servant
A.Y. Easterby
Minutes by CO staff
Mr Merivale
Would it not be best to tell the writer that it is in
contemplation to establish a New Colony between the Pacific &
the
Rocky Mountains in B.N.A. in which
Queen Charlotte Island
will be comprized, & that if such a measure should receive the
sanction of the Imperial Parl
t he should prefer his application
for a lease of the mines in that Island to the
Govr of the
Colony—but that he must distinctly understand that H.M.
Govt
refuse to admit the claim which he puts forward to a Lease on
the ground of an alleged prior discovery of the mine, of his
outlay of money, & subsequent topics. Add that until the
establishment of the projected Colony the search for Gold in
Q.C. Island must continue on the terms contained in the Letter
addressed to
Mr Taylor on the
20 July 1853—with which the
writer is acquainted.
See Page 5. of P. Papers 788/53—No 1.
Other documents included in the file
Draft,
Carnarvon to
Easterby,
12 July 1858, denying his request for
compensation and advising that additional requests must remain
unanswered due to lack of information.
Minutes by CO staff
I think it is better to hold out no hopes, nor advise any line
of action, to this class of writers. I would only say that
Sir EB Lytton must decline entertaining in any way their claims to
compensation, and that he can give no answer as to the farther
requests contained in their letter, because no sufficient
information is as yet before HM
s Govt to enable them to decide
on what terms parties shall be admitted to search for gold in
North Western America.
In 1853 they applied for a lease of the gold mine, as an
indemnification for their losses.
The
Duke of Newcastle at first Entertained this application, as
he appears to have had a favorable opinion of the applicants,
but it was ultimately refused, because the Governor of
VanCouver's Island had in the meantime issued licenses to dig
for gold. This decision is contained in a letter from this
Department dated
28 July 1853, which denies their claim to the
lease from priority
of
of discovery, & does not refer to their
losses as giving them any claim to it.
In
January last Messrs Easterby wrote to this office urging
their claim for indemnification, and making an additional claim
on the score that they had been led to believe that the lease
would be granted and had incurred further expense under that
belief. They were answered on
17 March that we refused to admit
their claim on this latter plea.
They now write to explain that they intended in their previous
letter to urge their claim to compensation for their losses in
1852 & not for their
subsequent subsequent outlay under the impression that
the lease wd be granted—and renew the application for a lease
of the mine in
Queen Charlottes Island.
Their statement that the Expedition in
1852 was abandoned by
orders of
Captn Kuper RN does not agree with the report of that
officer in the accompanying Parl Paper.