Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Despatch to London
Douglas, Sir James to Pelham-Clinton, 5th Duke of Newcastle Henry Pelham Fiennes 25 March 1861, CO 305:17, no. 4779, 126.
Abstract
Douglas, Sir James to Pelham-Clinton, 5th Duke of Newcastle Henry Pelham Fiennes 25 March 1861, CO 305:17, no. 4779, 126.
Despatch to London.
Minutes (3), Enclosures (transcribed) (1), Enclosures (untranscribed) (2), Other documents
(2).
No. 24, Legislative
25 March 1861
I have the honour of transmitting a Petition from the House of
Assembly of Vancouver Island to Your Grace, praying for the aid
of Her Majesty's Government in Extinguishing the IndianTitle
Title to
the public lands in this Colony; and setting forth, with much
force and truth, the evils that may arise from the neglect of
that very necessary precaution.
Title to
the public lands in this Colony; and setting forth, with much
force and truth, the evils that may arise from the neglect of
that very necessary precaution.
2. As the native Indian population of Vancouver Island have
distinct ideas of property in land, and mutually recognize their
several exclusive possessory rights in certain Districts, they
would not fail to regard the occupation of such portions of the
Colony by white settlers, unless with the full consent of the
proprietary Tribes, as nationalwrongs;
wrongs; and the sense of injury
might produce a feeling of irritation against the Settlers, and
perhaps disaffection to the Government, that would endanger the
peace of the Country.
wrongs; and the sense of injury
might produce a feeling of irritation against the Settlers, and
perhaps disaffection to the Government, that would endanger the
peace of the Country.
3. Knowing their feelings on that subject, I made it a
practice, up to the Year 1859, to purchase the Native rights in
the land, in every case, prior to the settlement of any
District. But since that time in consequence of the termination
of the Hudson's Bay Company's Charter, and the want of funds, it
hasnot
not been in my power to continue it. Your Grace must indeed
be well aware that I have, since then, had the utmost difficulty
in raising money enough to defray the most indispensable wants
of Government.
not been in my power to continue it. Your Grace must indeed
be well aware that I have, since then, had the utmost difficulty
in raising money enough to defray the most indispensable wants
of Government.
4. All the settled Districts of the Colony, with the exception
of Cowitchen, Chemanis, and Barclay Sound, have been already
bought from the Indians, at a cost in no case exceeding £2:10/-
Sterling for each family. As the land has since then increased
in value, the expensewould
would be relatively somewhat greater now,
but I think that their claims might be satisfied with a payment
of £3. to each family. So that taking the Native population of
those Districts at 1000 families, the sum of £3000 would meet
the whole charge.
would be relatively somewhat greater now,
but I think that their claims might be satisfied with a payment
of £3. to each family. So that taking the Native population of
those Districts at 1000 families, the sum of £3000 would meet
the whole charge.
5. It would be improper to conceal from Your Grace the
importance of carrying that vital measure into effect without
delay.
6. I will not occupy Your Grace's time by any attempt to
investigate the opinion expressed by the House of Assembly, as
tothe
the liability of the Imperial Government for all expenses
connected with the purchase of the claims of the aborigines to
the public land, which simply amounts to this, that the expense
would in the first instance, be paid by the Imperial Government,
and charged to the account of proceeds arising from the Sales of
public land. The land itself would therefore be ultimately made
to bear the charge.
the liability of the Imperial Government for all expenses
connected with the purchase of the claims of the aborigines to
the public land, which simply amounts to this, that the expense
would in the first instance, be paid by the Imperial Government,
and charged to the account of proceeds arising from the Sales of
public land. The land itself would therefore be ultimately made
to bear the charge.
7. It is the practical question as to the means of raising the
money, that at this moment more seriouslyengages
engages my attention.
The Colony being already severely taxed for the support of its
own Government, could not afford to pay that additional Sum; but
the difficulty may be surmounted by means of an advance from the
Imperial Government to the Extent of £3000, to be eventually
repaid out of the Colonial Land Fund.
engages my attention.
The Colony being already severely taxed for the support of its
own Government, could not afford to pay that additional Sum; but
the difficulty may be surmounted by means of an advance from the
Imperial Government to the Extent of £3000, to be eventually
repaid out of the Colonial Land Fund.
8. I would in fact strongly recommend that course to Your
Grace's attention, as specially calculated to extricate the
Colony from existing difficulties, without putting the Mother
Countryto
to serious expense; and I shall carefully attend to the
repayment of the sum advanced, in full, as soon as the Land Fund
recovers in some measure from the depression, caused by the
delay Her Majesty's Government has experienced in effecting a
final arrangement with the Hudsons Bay Company for the
reconveyance of the Colony; as there is little doubt when our
new system of finance comesfully
fully into operation, that the
revenue will be fully adequate to the expenditure of the Colony.
to serious expense; and I shall carefully attend to the
repayment of the sum advanced, in full, as soon as the Land Fund
recovers in some measure from the depression, caused by the
delay Her Majesty's Government has experienced in effecting a
final arrangement with the Hudsons Bay Company for the
reconveyance of the Colony; as there is little doubt when our
new system of finance comesfully
fully into operation, that the
revenue will be fully adequate to the expenditure of the Colony.
Minutes by CO staff
Mr Elliot
The early settlement of this matter is of much importance. I frequently am called upon to see at this office persons of all classes, desirous of settling in V.C. Isld or B. Columbia and one of the questions proposed to me is usually how the claims of the Natives to Land are arranged; To which I have had to ansr that I concluded they wd have to be bought up. But this has not been quite satisfactory to an enquiring settler, who, before he leaves these shores naturally desires to know exactly & positively what he may expect in the acquisition of Land in the Colony he has selected as his residence. Therefore if these Indian claims cd be fairly extinguished the arrangement wd facilitate immigration. But buying them by means of a Loan from the British Exchequer is probably questionable. I do not see why a loan sh. not be raised in the Colony, the amount wanted being only £3000. It is, however, to be observed that the Colony has lately borrowed £10,000 for harbor improvements.
The early settlement of this matter is of much importance. I frequently am called upon to see at this office persons of all classes, desirous of settling in V.C. Isld or B. Columbia and one of the questions proposed to me is usually how the claims of the Natives to Land are arranged; To which I have had to ansr that I concluded they wd have to be bought up. But this has not been quite satisfactory to an enquiring settler, who, before he leaves these shores naturally desires to know exactly & positively what he may expect in the acquisition of Land in the Colony he has selected as his residence. Therefore if these Indian claims cd be fairly extinguished the arrangement wd facilitate immigration. But buying them by means of a Loan from the British Exchequer is probably questionable. I do not see why a loan sh. not be raised in the Colony, the amount wanted being only £3000. It is, however, to be observed that the Colony has lately borrowed £10,000 for harbor improvements.
ABd
28/5
Mr Fortescue
Refer to Land Board?
Refer to Land Board?
TFE
28 May
At once.
CF
29
Documents enclosed with the main document (not transcribed)
J.S. Helmcken, Speaker, to Douglas, 6 February 1861, asking that
the enclosed petition be forwarded to the Duke of Newcastle.
Members of the House of Assembly of Vancouver Island to Newcastle, 6 February 1861, petition asking that Indigenous peoples' land claims in the colony be extinguished.
Transcribed below.
Documents enclosed with the main document (transcribed)
We, Her Majesty's Faithful and loyal subjects, the Members of
the House of Assembly of Vancouver Island in Parliament
assembled, would earnestly request the attention of your Grace
to the following considerations:
1. That many Colonists have purchased land, at the rate of one
pound sterling per acre, in districts to which the Indian title
has not yet been extinguished.
2. That, in consequence of the non-extinction of this title,
these persons, though most desirous to occupy and improve, have
been unable to take possession of their lands—purchased, in
most cases, nearly three years ago; andof
of this, they loudly and
justly complain.
of this, they loudly and
justly complain.
3. That the Indians, well aware of the compensation heretofore
given for lands, appropriated for colonization, in the earlier
settled districts of Vancouver Island, as well as in the
neighbouring territory of Washington, strenuously oppose the
occupation by settlers of lands still deemed their own. No
attempts of the kind could be persisted in, without endangering
the peace of the Country, for these Indians, though otherwise
well disposed and friendly, would become hostile if their
supposed rights as regards land were systematically violated;
and they are still much more numerous and warlike, than the
petty remnants of tribes, who in 1855 and 1856, in the western
part of the adjacent United States territory of Washington,kept
kept
up for nearly a year, a desultory and destructive warfare, which
compelled the whole agricultural population of the Country, to
desert their homes, and congregate in blockhouses.
kept
up for nearly a year, a desultory and destructive warfare, which
compelled the whole agricultural population of the Country, to
desert their homes, and congregate in blockhouses.
4. That, within the last three years, this Island has been
visited by many intending settlers, from various parts of the
world. Comparatively few of these have remained, the others
having, as we believe, been, in a great measure, deterred from
buying land as they could not rely on having peaceable
possession; seeing that the Indian Title was still
unextinguished to several of the most eligible agricultural
districts of the Island.
5. That the House of Assembly respectfully considers, that the
extinction of the aboriginal title is obligatory on theImperial
Imperial
Government.
Imperial
Government.
6. That the House of Assembly, bearing in mind, that from the
dawn of modern colonization until the present day, wars with
aborigines, have mainly arisen from disputes about land, which
by timely and moderate concession on the part of the more
powerful and enlightened of the disputants concerned, might have
been peaceably and economically adjusted, now earnestly pray
that Her Majestys Government would direct such steps to be
taken, as may seem best, for the speedy settlement of the matter
at issue, and the removal of a most serious obstacle to the well
being of this Colony.
Other documents included in the file
Elliot to G.A. Hamilton, Treasury, 22 June 1861, forwarding copies
of the despatch and petition and recommending Douglas's proposal for
favorable consideration (see full transcription below).
Elliot to Emigration Commissioners, 4 June 1861, forwarding
copies of the despatch and petition for their observations.
Documents enclosed with the main document (transcribed)
I am directed by the Duke of Newcastle to transmit to you for
the consideration of the Lords Commisss of the Treasury a
Copy of a Despatch from the Governor of Van Couver Island,
enclosing an Address from the House of Assembly on the Subject
of the extinction of the Native Title to land in that Colony.
Their Lordships will observe that Governor Douglas suggests that
the settlement of these claims should be effected by
means of an
advance from Imperial Funds to the extent of about £3000 to be
eventually repaid out of the Colonial land fund.
means of an
advance from Imperial Funds to the extent of about £3000 to be
eventually repaid out of the Colonial land fund.
Looking to the importance and practical economy of
extinguishing a claim which must be a Continual source of
danger, and which can scarcely fail to grow in amounts, and also
to the great disadvantage to which the Colony has been exposed by
the protracted negociations between H.M.'s Govt and the Hudsons
Bay Company, the Duke of Newcastle cannot but
admit that the
Inhabitants of Van Couver Island have strong & peculiar claims
for assistance upon this occasion, and his Grace would therefore
recommend the Governor's proposal to their Lordships favorable
consideration.
admit that the
Inhabitants of Van Couver Island have strong & peculiar claims
for assistance upon this occasion, and his Grace would therefore
recommend the Governor's proposal to their Lordships favorable
consideration.
I am to add that this Department is not in possession of the
Materials necessary to enable his Grace to form an estimate of
the probable amount of Revenue which would be immediately
available for the repayment of the advance in question, but in
the event of their Lordships entertaining the
proposition, the
Governor would be instructed to supply the requisite information
on this head, and it can hardly be doubted that the public
Lands of the Colony must soon yield the means of repaying so
moderate an advance as £3,000.
proposition, the
Governor would be instructed to supply the requisite information
on this head, and it can hardly be doubted that the public
Lands of the Colony must soon yield the means of repaying so
moderate an advance as £3,000.