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.