Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Despatch to London
Kennedy, Arthur to
Cardwell, Edward 13 February 1866, CO 305:28, no. 3246, 135.
Abstract
Kennedy, Arthur to
Cardwell, Edward 13 February 1866, CO 305:28, no. 3246, 135.
Despatch to London.
Minutes (1), Enclosures (transcribed) (2), Enclosures (untranscribed) (7).
No. 10, Financial
13th February 1866
Sir,
1. In reference to the subject of my Despatch No 9 of 8th February
1866, I have the honor to enclose a copy of Resolutions of the
Legislative Assembly in reply to my Message of 2nd February 1866
transmitted in the Despatch above quoted, and Reports of the Debates
theron extracted from local newspapers.
2. I
2. I have already treated of most of the matters to which these
Resolutions relate which will obviate the necessity of my now
addressing you at any great length.
3. The assertion contained in the first Resolution that, in a Colony
which may at some time be placed under responsible government,
offices in the public service cannot be permanent involves, as I
believe, a wholly novel proposition, and while it strikes at the root
of the efficiency and respectability ofthe
the service, ignores the
propriety of faith being kept with public servants. As regards the
offices of Registrar General and Assessor the Bills affecting them
are not yet introduced and if they should be passed by the Assembly
would not be likely to become law.
the service, ignores the
propriety of faith being kept with public servants. As regards the
offices of Registrar General and Assessor the Bills affecting them
are not yet introduced and if they should be passed by the Assembly
would not be likely to become law.
4. Resolution 2. I believe that the respectable portion of this
small community deprecate very earnestly the manner in which the
Assembly has dealtwith
with the Estimates and, although anxious for all
reasonable economy, see no justification for the mode in which the
Assembly has proceeded to effect "retrenchment."
with the Estimates and, although anxious for all
reasonable economy, see no justification for the mode in which the
Assembly has proceeded to effect "retrenchment."
5. I am unable to admit the assertions contained in Resolution 3 to
be in accordance with fact.
6. The claims of the Assembly as put forth in Resolution 4 have been
already remarked upon in previous despatches. I would remind you
that they are set upnow
now for the first time by the Assembly. The
statement in this Resolution that "various votes of last year were
applied contrary to the express stipulations of the Assembly" is not
in accordance with fact.
now for the first time by the Assembly. The
statement in this Resolution that "various votes of last year were
applied contrary to the express stipulations of the Assembly" is not
in accordance with fact.
7. Resolution 5 is but a juggle with figures. As will be seen by
the statement which accompanied my Despatch No 9 of 8th February
1866, the Assembly have increased the Estimates by sums amounting in
all to about $77,000 (£15,875), a proceeding which I conceive to be
wholly inexcess
excess of their powers. They have also reduced and
disallowed sums
proposed in the Estimates to a considerable amount. I have not
questioned their right in that respect. Various appropriations for
the year 1865 were, as I have already informed you in another
Despatch, necessarily not availed of owing to the want of funds.
excess of their powers. They have also reduced and
disallowed sums
proposed in the Estimates to a considerable amount. I have not
questioned their right in that respect. Various appropriations for
the year 1865 were, as I have already informed you in another
Despatch, necessarily not availed of owing to the want of funds.
8. Resolution 6 (Police). It will be observed that I remarked upon
this subject in my Message tothe
the Assembly dated 2nd February 1866
(herewith) under the head of "Police."
the Assembly dated 2nd February 1866
(herewith) under the head of "Police."
9. This subject cannot be dismissed without some further remark.
10. A moments consideration must convince any reflecting mind of the
dangerous absurdity of committing the care of life, property, and
peace in such a community as that of Vancouver Island, to five
policemen which would afford one man on duty at a time.
11. The
11. The character and constitution of society in gold seeking
countries is well understood, and I regret to say that Victoria has
its full proportion of thieves, burglars, gamblers, publicans and
prostitutes.
12. It will be remarked there is
no other available force in this Colony beyond the moral support
afforded by the presence from time to time of some of Her Majesty's
Ships. Robberies are frequent and "the knife" often resorted to in
drunken quarrels.
13. By
13. By a Return called for and presented to the Assembly on the
25th January 1866 it appears that the Police Magistrate of Victoria adjudicated upon 1583 cases between the 30th September 1864 and
30th November 1865.
14. The Legislative Assembly I fear look to the neighbouring
Territory for precedents where, "vigilantes" administer justice and
"difficulties" are adjusted with the revolver and bowie knife.
15. It is obvious that a totalof
of five policemen for the whole
Colony, affording one at a time for duty, is virtually to leave
whiskey selling to Indians, drunkenness, and prostitution unchecked,
and the extent to which these are carried among the Indian population
alone, may be gathered from the letters of the Bishop of Columbia,
the Rev A.C. Garrett, and the Superintendent of Police, copies of
which I enclose.
of five policemen for the whole
Colony, affording one at a time for duty, is virtually to leave
whiskey selling to Indians, drunkenness, and prostitution unchecked,
and the extent to which these are carried among the Indian population
alone, may be gathered from the letters of the Bishop of Columbia,
the Rev A.C. Garrett, and the Superintendent of Police, copies of
which I enclose.
16. I had occasion to report on the state of the Police force in myDespatch
Despatch No 100 dated 3rd December 1864 and now that Lieutenant
Hankin R.N., the Superintendent, has brought it into a state of
efficiency and decency the Legislative Assembly see fit to reduce it
to a standard both as to pay of officers and numbers which renders it
useless or compels the members of it to have recourse to the same
means for a subsistence.
Despatch No 100 dated 3rd December 1864 and now that Lieutenant
Hankin R.N., the Superintendent, has brought it into a state of
efficiency and decency the Legislative Assembly see fit to reduce it
to a standard both as to pay of officers and numbers which renders it
useless or compels the members of it to have recourse to the same
means for a subsistence.
17. The number of prisoners undergoing sentence in the gaol varies
from 50 to 60—desperadoes of all nationalities—and the absence of
anyforce
force beyond a gaoler and a few warders to suppress any outbreak
is courting a danger which will more than probably occur.
force beyond a gaoler and a few warders to suppress any outbreak
is courting a danger which will more than probably occur.
18. There are, moreover, 800 stand of arms given to the Colony by
Her Majesty's Government and at present in charge of the Police
without any guarantee against their being seized.
19. The very small number of resident British population renders the
reduction or abolution of the Police force a still graver and more
significant fact.
20. In
20. In relation to Resolution 7 it will be seen by reference to my
Despatches No 57, 18th July 1865 and No 80, 20th
September 1865
that a sum of $1200 (£247) was voted and passed in the Appropriation
Act for 1865, under the head, "Fixed Establishment, Auditor,
Salaries"—and the words "Auditing Accounts" under such a heading may
not unreasonably be regarded as synonymous with "Auditors salary."
21. Resolution 8 (Coroner). This office was created by a letter of
myPredecessor
Predecessor to meet a temporary want in 1860 and was never
submitted to or sanctioned by Her Majesty. Being advised by the
Acting Attorney General that the Governor had exceeded his powers in
appointing a "coroner" and that the holder of the office, Dr
Dickson, had no legal authority for acting as such, I with the advice
and unanimous concurrence of my Executive Council transferred the
duties heretofore performed by Dr
Dickson to the Stipendiary
magistrate of Victoria, thereby effecting a considerable saving to
the public. Theoffice
office over which the Executive could exercise no
efficient control was rapidly degenerating into a "job."
Predecessor to meet a temporary want in 1860 and was never
submitted to or sanctioned by Her Majesty. Being advised by the
Acting Attorney General that the Governor had exceeded his powers in
appointing a "coroner" and that the holder of the office, Dr
Dickson, had no legal authority for acting as such, I with the advice
and unanimous concurrence of my Executive Council transferred the
duties heretofore performed by Dr
Dickson to the Stipendiary
magistrate of Victoria, thereby effecting a considerable saving to
the public. Theoffice
office over which the Executive could exercise no
efficient control was rapidly degenerating into a "job."
22. Dr
Dickson being a Member of the Assembly advocates the
retention of his own services and protests against the legality of
his being deprived of office. On this latter point I may state that
I am fortified by the highest legal authority in the Colony.
Minutes by CO staff
Documents enclosed with the main document (not transcribed)
Newspaper clippings,
British Colonist, 9, 10 and 13 February 1866 and
Daily Chronicle, 9, 10 and 13 February 1866, reporting debates
held in the House of Assembly on various resolutions, as per despatch.
Assorted returns dealing with cases brought before the
Stipendiary Magistrate for Victoria between 30 September 1864 and
30 November 1865.
Printed copy of resolutions passed by the legislative assembly
on 9 February 1866, as per despatch.
Kennedy to Legislative Assembly, 2 February 1866, unnamed
newspaper clipping, responding negatively to their amendments to the
estimates for 1866.
G. Columbia to Kennedy, 6 February 1866, enclosing a memorial
from the Reverend A.C. Garrett, principal of the Indian mission, on
native conditions in the colony, and expressing his concurrence with
the conclusions and recommendations contained therein.
Documents enclosed with the main document (transcribed)
Garrett to Kennedy, 5 February 1866
Indian Mission
February 5th 1866
To His Excellency the Governor
May it please Your Excellency
I desire most respectfully to submit for Your Excellency's
consideration, the following facts in connection with the state of the
Indian population.
1. The Indians on the reserve having been for a considerable
period without any supervision have become more abandoned than ever if
that were possible.
2. Drunkeness and consequent riot are the rule of their
existence.
3. Filth
3. Filth accumulates among their dwellings in a degree which
gives sad and fearful promise of pestilence when warmer suns shall have
developed its latent decomposition.
4. They neglect to bury their dead, and have now as many as seven
or eight bodies in canvas covered sepulchres in the very midst of their
swarming camp.
5. The numbers who live in Victoria for purposes of prostitution
spread death among their fellows both by disease and whiskey,
facilities for procuring liquor beingafforded
afforded by their residence in
town.
afforded by their residence in
town.
To remedy this fearful state of things I would suggest for Your
Excellency's consideration the following outline of a plan for the
amelioration of the Aborigines on the Reserve.
1. Appoint a Constable, of sufficient judgment to avoid
attempting what is impracticable, sufficient honesty to be above
corruption, sufficient moral strength to escape the many snares which
will be skilfully laid for him, sufficient experience to detest
incipientcrime
crime, and sufficient courage to compel the respect and
attention of the Natives.
crime, and sufficient courage to compel the respect and
attention of the Natives.
2. He should reside on the Reserve and be responsible for the
sobriety and good order of the inhabitants. Let it be his duty to
compel the abatement of all nuisances, and to enforce such sanitary
laws as it may seem expedient to Your Excellency to impose for his
guidance.
3. Funds for the payment of this officer might I think be drawn
from two sources
(a) Partly from the rents and proceeds of the Reserve, as the
Songes wouldderive
derive large benefit from his presence.
derive large benefit from his presence.
(b) The balance might be derived from a poll tax to be levied on
all comers from the North or elsewhere in connection with a system of
registration.
4. A few of the Chiefs of greatest influence might be appointed
to assist the officer, and rewarded with a trifling present for
approved service.
Should your Excellency deem it desirable to attempt any such
measure for the improvement of the Victoria Indians, if in any way I
can be useful either in thesuperintendence
superintendence or execution of it, I trust
Your Excellency will avail yourself of my services without hesitation.
superintendence or execution of it, I trust
Your Excellency will avail yourself of my services without hesitation.
Hankin to Kennedy, 8 February 1866
Police Office
Victoria
February 8th 1866
Victoria
Sir
In accordance with the request of Your Excellency I have the honor
to submit the following for your information.
There are about 200 Indian prostitutes living in Cormorant,
Fisgard, and Store Streets in a state of filth, and dirt beyond all
description. On entering one of their shanties in the afternoon I have
seen 3 or 4 Indian women lyingdrunk
drunk on the floor, nearly naked,
covered with blood, and their faces cut with broken bottles with which
they had been fighting.
drunk on the floor, nearly naked,
covered with blood, and their faces cut with broken bottles with which
they had been fighting.
In one place known as the "Gully" between Johnson and Cormorant
Streets some of these dens of infamy are two and three stories high,
the rooms about eight feet square, and as many as 6 or 8 persons living
in each room. The chimneys belonging to these shanties are in several
instances very defective and dangerous.
The shanties are principallyowned
owned by Chinese, and hired by the
Indians at a monthly rental of about 5 dollars.
owned by Chinese, and hired by the
Indians at a monthly rental of about 5 dollars.
The stench emitted from these dens is abominable, and is
sufficient to cause some loathsome and contagious disease. Whiskey
sellers, prostitutes and bad characters are to be found in this
locality, and unfortunate sailors coming on leave from their ships are
allured here by the Indian women, and robbed.
If it were not for the constant supervision of the Police, it
would be dangerous for any respectable person to walk through these
streetseither
either by day or night. New shanties have lately been erected,
and are still increasing in number.
either by day or night. New shanties have lately been erected,
and are still increasing in number.
I have &c
Philip Hankin
Superintendant of Police
Philip Hankin
Superintendant of Police