No. 4
1 February 1858
The Governor and Directors of the Hudson's Bay Company have
communicated to me the draft of a letter which they propose to address
to you as Agent for the Company, instructing you as to the course which
ought to be taken in the event of an immigration of the Mormons from the
Territory of Utah into British Territory on the North West Coast of
America.
Her Majesty's Government have expressed to the Governor and
Directors their concurrence in the instructions conveyed in that
Despatch. But although it is possible that the apprehended immigration
may not take place they are of opinion that you should be furnished as
an Officer of the Crown with a more distinct impression of their own
views on the subject.
Many of these Mormons are British Subjects by birth, although they
may by their own act have rendered themselves for some time past
subjects to obligations of Citizenship towards another power. Others
are Citizens of a friendly republic: and although they may (from public
information) be regarded as rebels flying from legitimate authority,
there is no reason, on this account, why they should be subjected to
different treatment from other political exiles.
Should they apply for admission to occupy any portion of the
North
Western Territory peacefully and as a community or in scattered
communities: you will remember that the soil of this territory belongs
to the Crown subject only to such rights as may be recognized in the
Indian Tribes (who are not authorized to part with the soil without
permission of the
Crown) and to the trading rights of the Company.
Her Majesty's Government are not prepared at present to exercise
the right reserved to them in the Company's license of forming a Colony
in these parts. Least of all would they exercise that right in favour
of refugees who have defied both the Authorities of their Country and
the usage of Christian and Civilized life.
No rights of occupation whatever are therefore to be granted to
them.
If however Individuals or families, flying from Utah, should
peacefully apply for admission into
Vancouver's Island, the case is
different. Much must be left to your discretion, and to that of your
advisors in the Colony. Of course no parties must be allowed to use the
British Territory as a refuge from which they are to engage in acts of
aggression against the Government of the United States. The acquisition
of land for purposes of settlement under the ordinary rules (and subject
of course to the law of
the Island as to naturalization) is not in the
view of Her Majesty's Government to be refused, merely because the
parties applying have been members of that territorial community against
which the arms of the United States Government are now directed. But
this can only take place on the supposition that such immigrants submit
themselves entirely to the laws of England, as retained in the Colonial
community over which you preside.
Polygamy is not tolerated by those laws: and if any attempt should
be made to continue the disgraceful scandals of that system, I rely on
the good will of the Legislature and authorities to devise means by
which such abuses may be effectually suppressed.
I have etc.