No. 48
               
            
            
            
            
               1.  I have the honor to acknowledge the receipt of your Despatch N
o
               20, 
11th April 1865, transmitting extracts from a Despatch addressed
               to the Board of Admiralty by 
Rear Admiral Denman in which he suggests
               that the Colonies of 
British Columbia and 
Vancouver Island should
               employ a colonial vessel for the purposes of defence
and
 and for
               preventing aggressions of the Indians against British Traders; and
               requesting my opinion on the practicability of adopting 
Admiral
                  Denman's suggestions and providing for the requisite expenditure out
               of Colonial funds.
               
               2.  This subject occupied my attention at an early period after my
               arrival in the Colony and I concur generally in the views expressed
               by 
Rear Admiral Denman.
               
               3.  I feel sure that true economy and the peace and character of our
               Government will be best
attained
 attained by the employment of a better class
               of vessel than the Gunboats heretofore employed on the coast of this
               Island; and I think that such vessels should be commanded by Officers
               having special aptitude for this peculiar service.
               
               4.  The adoption of some such course will appear all the more
               necessary when it is remembered that it is physically impossible to
               connect the outlying settlements with the seat of Government by
               roads, and that the cupidity and
treachery
 treachery of the Indian character
               can only be held in check by the prospect of prompt and certain
               punishment when they assail the lives and property of white men.
               
               5.  On the other hand I fear it would be impossible to obtain the
               necessary funds from the Legislature of this Colony even did the
               finances afford it.
               
            
            
               6.  I have during the present Session estimated for funds for the
               employment of an Indian
Agent
 Agent or Agents in the out-settlements where
               at present there are neither Magistrates, Police, nor other
               protection for life or property.  My application to the Legislative
               Assembly resulted in a recommendation from that Body that I should
               "appoint unpaid Magistrates from among the settlers to be remunerated
               by fees."
               
               7.  I have been obliged to decline the responsibility of acceding to
               this recommendation because few or none of the settlers are above the
status
               status of labouring men, and the employment of such persons in a
               position requiring great tact and special qualities would be a sure
               mode of bringing the two Races into collision.
               
               8.  Whiskey selling by unprincipled whites is in my opinion the bane
               of the Indian race, and the immediate or remote cause of all the
               murders and robberies committed by them whether
               inter se or on white men.
               
            
            
               9.  There are no sufficient local Laws to repress this dangerous
and
 and
               disgraceful traffic from which enormus profits are derived and in
               which many persons are interested, nor is there a probability of any
               such Laws being enacted.  The Honorable the Speaker who exercises
               much influence in the Legislative Assembly very recently stated his
               opinion, which is shared in by many other Members, that the sale of
               liquor to Indians should not only be legalized but that they should
               be permitted to manufacture it if they could.
               
               10.  The existing law imperfect
as
 as it is, has been administered by
               officers holding these or similar opinions, and the results have
               naturally been a failure to repress this degrading traffic.
               
               11.  Liquor sellers cannot be convicted on Indian Evidence alone, and
               hence they enjoy a comparative impunity for their
               crimes, for such I regard the sale of poisonous and maddening
               alcohol to excitable savages.
               
            
            
               12.  I introduced a Bill (a copy of which I enclose) to remedy
this
 this
               latter evil, but it was, after passing the Legislative Council,
               rejected by the Legislative Assembly without an attempt to amend it.
               
               13.  Hence the strange anomaly exists that the evidence upon which a
               culprit may be arraigned, convicted, and executed in 
British Columbia
               cannot be received in the Courts of Justice in 
Vancouver Island.
               
               14.  It will be necessary for me to address you on the general
               subject of Indian management at
an
 an early period, a subject which
               causes me great anxiety from want of powers to deal with it effectively.
               
               15.  I cannot better conclude my Despatch than by directing your
               attention to the Report of 
Commander Jones R.N., a very active and
               intelligent officer whom I had lately occasion to send to 
Cowitchan
               and 
Comox Districts, a copy of which I enclose.
               
               I have the honor to be,
               Sir,
               Your most obedient Servant
               
A.E. Kennedy
               Governor
               
               Minutes by CO staff
               
                
                  
                  
                     See minute.
                     
                  
                  
                   
                  
                  
                  
                  
                     Admiral Denman suggested to the Admiralty, who referred the
                     suggestion to this Office with the observation that the principle was
                     applicable to all of our Colonies similarly situated, that a Colonial
                     vessel should be established for the service in question.
                     
 
                  
                  
                     Mr Fortescue—see his minute on 3004
reviewed
—reviewed the idea favorably,
                     and even thought that so far as these Colonies were concerned, it was
                     a case in which Parliament might be asked to vote the money to defray
                     the expense.
                     
 
                  
                  
                     Mr Cardwell ordered a reference to be made to the Governors—called
                     their attention to the late Naval Defence Act, and asked them if they
                     could pay the cost of keeping up the vessel.
                     
 
                  
                  
                     Governor Seymour has answered this enquiry.  See 8241.  He says that
                     
British Columbia alone will find work enough for one ship:  he is
                     quite prepared that the Colonial Revenue shall pay for her services,
                     and explains his ideas
as
 as to the management of the vessel.
                     
 
                  
                  
                     Governor Kennedy in his despatch just received, 8404, thinks the plan
                     of a Colonial vessel a good one, but he fears that even if Vancouver
                     Island's finances could afford it, it would be impossible to obtain
                     the necessary funds from the Legislature.
                     
 
                  
                  
                     A main difficulty in this case is the expense.  I conclude that
                     Parliament will not really be asked to provide a vessel or vessels
                     for these Colonies.  It would open the door to similar applications
                     from other quarters.  The expense then must fall on these two
                     Colonies.  How is this to be arranged?  
British Columbia says, or the
                     Governor does
for
 for her, that she will pay, 
Vancouver Island will not.
                     If the Admiralty will consent to appropriate a vessel for Colonial
                     Service, and if her expense is defrayed by 
British Columbia alone,
                     can you restrict her to that Colony?  Such a proceeding will embitter
                     still more the present feelings of animosity of 
Vancouver Island
                     towards 
British Columbia:  for 
Vancouver Island will envy 
British
                        Columbia the wealth which enables her to afford the luxery of a
                     Colonial Vessel to herself.  But I have grave doubts, as expressed in
                     my minute on 8241 whether it is a certainty that 
British Columbia
                     can spare funds for this service.  Until that point is
ascertained
                     ascertained, and we feel ourselves in a condition to make a definite
                     proposal to the Admiralty, I would not embark in a Correspondence with
                     that Department, for the first thing for us to know is whether
                     
Governor Seymour
                     has a balance in his favor at the public Treasury and this fact
                     will not reach us for some time.  My own notion is that before any
                     decided action is taken, we had better see our way more clearly to
                     the means of paying for this vessel.  We can, without inconvenience,
                     wait for an opportunity of conversing with 
Governor Seymour about it,
                     and if he can shew us in black and white that he has the money to
                     spend on this Ship, which he imagines he will
have
 have, I apprehend that,
                     even at the risk of leaving 
Van Couver Island out, we might ask the
                     Admiralty to lend a Ship to 
British Columbia, subject to such
                     arrangements as to management as the Admiralty shall think fitting to
                     dictate.
                     
                     The Treasury would have to be consulted on the money part of the
                     question.  Should Union be achieved in this Section of our Colonies
                     it would subserve this as well as other local matters.
                     
                  
                  
                  
                  
                  
                     Mr Cardwell
                     In forwarding 
Mr Blackwood's useful Minute, the only additional
                     remark I have to offer is, that
                     
if we should hereafter have a Colonial Vessel, the Admiralty
                     ought to have nothing to do with it.  They would only entail the
                     disadvantages & the disputes of a divided

 administration; and would
                     make the Vessel much more costly than she would be otherwise.
                     
 
                  
                  
                   
               
               
                  
                  
                     If, as we believe, 
Govr Seymour is now on his way home,
                     it will be better to speak to him.  If not, I do not wish the subject
                     of a Colonial Vessel for 
B.C. under the Act of last Session to be
                     lost sight of.
                     
                     As regards 
V.C.I., I see no prospect for that Colony except reunion
                     to 
B.C.
                      
               
                
                  
                  
                     Put by.
                     
                  
                  
                     Mr Seymour will, if necessary, take this matter up.
                     
 
                  
                  
                  
                   
            
            
               Documents enclosed with the main document (not transcribed)
               
                
                  
                  
                     Printed copy of "A Bill to Amend the Law of Evidence," laying
                     out the conditions under which natives were permitted to give
                     evidence in the law courts of 
Vancouver Island.
                     
 
                  
                  
                     T.M. Jones, R.N., to 
Kennedy, 
10 April 1865, advising of his
                     return from 
Cowichan and 
Comox and reporting extensively on the
                     Indian situation in the two areas. Transcribed below.
                     
 
                  
                  Minutes by CO staff
                  
                   
                     
                     
                        The Victorians are great smugglers.  Their chief profits are derived
                        from the smuggling into the U. States—which is occasioned by the
                        high tariff of that Country.
                        
                     
                     
                        This leads them to think lightly of the offence of smuggling whiskey
                        for the Indians of our Colonies.
                        
                     
                     
                     
                      
                
            
            
               Documents enclosed with the main document (transcribed)
                
                  
                  
                  
                  Sir
                  
                  1. I have the honor to inform you that I have returned to 
Nanaimo from 
Cowichan and 
Comox and avail myself of the return of the Superintendent of Police to Victoria to acquaint
                     you with the state of affairs at both these settlements.
                     
                        His Excellency.
Governor Kennedy C.B.
                      
                  2. At
2. At 
Cowichan on communicating with the settlers I found that the causes of complaint were not
                     by any means numerous; when sober the Indians appear to be well disposed towards the
                     settlers generally and with the exception of petty thefts do not in any way molest
                     or annoy them; when however under the maddening influence of liquor, an Indian appears
                     to be entirely irresponsible for his actions, and at any moment as serious crime may
                     be committed, and Europeans 
murdered
murdered without the existence of previous ill will or disaffection.
 
                  
                  3. The Indians themselves appear perfectly conscious of this, and begged that steps
                     might be taken if possible to put down this whisky traffic. One Native against whom
                     existed strong suspicion of having been engaged in whisky selling on being taxed with
                     the offence, acknowledged it, and in the presence of the assembled natives declared
                     that nothing would induce him so to again commit himself.
 
                  
                  4. There
4. There appears to be no limit to the facility which at present exists for the importation
                     of spirits into 
the Cowichan District. I hear it is to be obtained in any quantities 
                     
                        The Victorians are great smugglers. Their chief profit, are derived from the smuggling
                              into U. States- which is occasion by the high tariff of that country. This leads then
                              to think lightly of the offence of smuggling whiskey for the the Indians of our colony.
                      at 
Victoria and is then brought here by canoes and schooners.
  
                  
                  5. With a considerable number of Indians, and with the prospect of an increase also
                     of European settlers, I would suggest that the law should be represented in this district
                     as soon as possible, with the view of avoiding future 
serious
serious difficulties, as also of settling at once, the minor grievances and complaints,
                     which are constantly cropping up, and which if not taken in time may lead to very
                     serious complications hereafter.
6. The only complaint brought before me by the Indians was that two of their member,
                     one of them a woman, had been a short time previously severely beaten by a Policeman
                     who had been sent on some duty from 
Victoria, and as far as I could 
learn
learn without any provocation. The settlers state that the excitement for some days
                     was, in consequence, of a very serious nature. 
Mr. Hankin is in possession of the facts of the case and will investigate it on his return to
                     
Victoria.
7. At 
Comox the European settlers complained of the frequent robberies principally if their potatoes,
                     committed by the Indians, and attributed them in a great measure to a party of U-cul-taws
                     who have been fishing in the neighbourhood for the last two months. As these Indians
belong
belong to 
Cape Mudge, I caused them to be assembled and having told them the nature of the complaints
                     that had been made against them directed them to leave 
Comox and return to their own country giving them a week to clear out. This they promised
                     to do, and I propose sending a Gunboat shortly after my return to 
Esquimalt to see that this measure has been carried out. I further warmed the Comox Indians
                     that they would now be held responsible for any further 
depredations
depredations that might be committed on the settlers.
8. The U-cul-taws have I believe given trouble on a previous occasion, and do not
                     by any means bear a good character, I would therefore suggest that they should not
                     be permitted at any future time to remain at 
Comox.
9. The Comox Indians appear well affected to the settlers, and are anxious to see
                     the number increased. It is a beautiful district, with a good anchorage, 
and
and the occasional visit of a Man-of-war is, I hear, attended with the best results.
                     — 
10. 
Mr. Hankin, has been of guest service from his knowledge of the language, and tact and judgement
                     displayed in 
communicating with the Indians— 
 
            
            
            
            
            
            
            
            
            
            
            
               
                  People in this document
                  
                        Blackwood, Arthur Johnstone
                  
                        Cardwell, Edward
                  
                        Denman, Rear Admiral Joseph
                  
                        Elliot, Thomas Frederick
                  
                        Fortescue, 1st Baron Carlingford Chichester
                  
                        Hankin, Philip J.
                  
                        Jones, Commander T. M.
                  
                        Kennedy, Arthur
                  Seymour, Governor Frederick
                
               
                  Vessels in this document
                  HMS Cameleon, 1860-1883
                
               
                  Places in this document
                  British Columbia
                  Cape Mudge
                  Comox
                  Cowichan Region
                  Esquimalt
                  Nanaimo
                  Vancouver Island
                  Victoria