<persName ref="prs:douglas_j"><surname>Douglas</surname>, <forename>James</forename></persName> to <persName ref="prs:pakington"><surname>Pakington</surname>, <forename>John</forename> <forename>Somerset</forename></persName> 9 December 1852, CO 305:3, no. 3851, 157. Douglas addressee Pakington

Published by Jim Hendrickson and the University of Victoria.

Douglas, James to Pakington, John Somerset 9 December 1852, CO 305:3, no. 3851, 157.The Colonial Despatches of Vancouver Island and British Columbia 1846-1871, Edition 2.6, ed. James Hendrickson and the Colonial Despatches project. Victoria, B.C.: University of Victoria. https://bcgenesis.uvic.ca/V52109.html. CO 305:03 CO 305 3 3851 157 9 V.I. 1852 received 1 April 1853 co_305_03_00158r.jpg Transcribed from microfilm archives, marked up in Waterloo Script, then transformed into TEI P5 XML.

The project glossary items have xml:id attributes beginning with trm_, and we use a trm: prefix to refer to them when linking from term elements.

We link to orgs in orgs/organizations.xml using the org: prefix.

We link to places in places.xml using the plc: prefix.

We link to people in bios/*.xml using the prs: prefix.

We link to vessels in vessels/*.xml using the vsl: prefix.

We link to other documents in the collection using the cdc: prefix.

The cdt (ColDesp Document Type) prefix used on catRef/target points to a central taxonomy in the includes file.

We link to other documents in the collection using the cdc: prefix.

Despatch to London. Minutes (2), Enclosures (untranscribed) (2), Other documents (5), Marginalia (3).

This document contains mentions of Indigenous Peoples. The authors of these documents often perpetuate a negative perspective of Indigenous Peoples and it is important to look critically at these mentions. They sometimes use terminology that is now considered hurtful and offensive. To learn more about modern terminology pertaining to Indigenous Peoples, Indigenous ways of knowing, and decolonization, please refer to the Glossary of terms.

Douglas writes Pakington on his intent to use a forthcoming steamship to pursue the murderers of Peter Brown, and requests instructions and directions on how to deal with American traders in the San Juan Islands, and on the west coast of Vancouver Island.

The minutes mention that sovereignty of the San Juan Islands remains unclear.

The enclosures contain a duplicate of Douglas’ previous letter to Pakington, Douglas’ letter to Kuper regarding the murder of Peter Brown, three draft forwards to Addington, each addressing an issue raised in Douglas’ letter, a draft reply from Newcastle to Douglas, and a draft to the HBC regarding Douglas’ report on illicit trade between Americans and Indigenous peoples on the west coast of Vancouver Island.

 Douglas, James
Victoria Vancouver's Island
Pakington, John Somerset Inserted revisionDesc with @status="proofed". Changed idno @type="received" into a date element. Gave existing date an @type="sent" and reordered bibl contents.
[No. 9] 3851, CO 305/3, p. 157; received 1 April 1853
Victoria Vancouver's Island
9th December 1852 To the Right HonbleHonourable Sir John S Packington Her Majesty's Principal Secretary of State for the Colonial Department Sir,

I have the honor of trans==mittingtransmitting herewith Duplicate of my Despatch of the 11th November, with the accompanying Documents.

Our relations with the Native Tribes have undergone no material change since that date, they have been uniformly quiet and friendly in their intercourse with the settlement and appear to regret the unhappy event which occurred last month. We have not yet taken any active measures to secure the murderers of Brown, owing to the non arrival of the Hudson's Bay Companys Steam vessel, which except Boats, is the only means of transport at my disposal capable of conveying an adequate force to the part of the coast, where the criminals are reported to have taken refuge; and it would not be advisable, at this inclement season of the year, to undertake an expedition, of so much importance, in open Boats, which would neither represent thethe dignity of the Government nor afford shelter and protection to the men, and might probably end in disaster and defeat. I have therefore deferred the expedition until it can be dispatched with all the means at our disposal.

A question has lately arisen here relative to the sovereignty of the Islands in the Canal de Arro, situated between Vancouvers Island and the Continent, to which some American citizens have set up a claim in the name of the United States.

I propose to lay the question before you in my next despatch and in the mean time I shall assert the Sovereignty of Great Britain, to all the Islands in the Arro Archipelago situated to the eastward of Strawberry Bay, so named by Vancouver, which is the usual ship channel into the Gulf of Georgia.

I would also observe for the information of Her Majesty's Government that several American Merchant vessels were engaged last summer in trafficking with the natives and fishing on the west coast of Vancouver's Island, the produce of those voyages being carried into the Ports of California. That traffic is not hurtful to any existing British interest as there are no settlements on that coast, but as it may soon become a lucrative branch of British Trade and as it cannot be carried on by American citizens without a manifest violation of British Territory, I think it would be advisable to place a check upon such proceedings, before they acquire, from custom, the force of national rights.

If such should be Her Majesty's pleasure I beg to receive such instructions and directions on the subject as may be requisite for our guidance.

I have the honor to be Sir Your obedt Servt James Douglas Governor
Mr Merivale The Duplicate desphdespatch of the 11th Novr has been recdreceived and disposed of.

Should the Foreign Office be consulted as to the ansr which should be returned to the Governor's observations as to ‸thethe claim of the Americans to the Islds in the Canal De Arro: & to his request for instructions as to the stopping the trade the Americans are carrying on with the natives on the West Coast of VanCouver's Isld?

On referring to the Treaty I fear it is doubtful to whom the Arro Islands belong.

ABd 2 April
The question as to the ownership of the islands has, as Mr Blackwood correctly surmises, been raised before. Mr Lawrence when AmnAmerican minister here paid some attention to it. but I am not certain that it was ever officially investigated.

As to the other points: is it unlawful for Americans to trade with Indians on an unoccupied portion of the coast of British N. America. I suppose it is, but am not sufficiently familiar with the principles of international law applicable to the question.

Consult the For. Off. on both points?

HM Apl 5 FP 5 N 6
1. Duplicate, Douglas to Pakington, [No. 8], 11 November 1852.
1.. Douglas to Kuper, 8 November 1852 (enclosure in above).
Draft, Colonial Office to Addington, Foreign Office, 11 April 1853, forwarding extracts of the despatch for opinion.
Draft, Colonial Office to Addington, 22 July 1853, requesting further opinion on the sovereignty question.
Draft reply, Newcastle to Douglas, No. 12, 22 October 1853.
Draft, Colonial Office to Addington, 27 October 1853, advising against any communication being made to the United States government until further report was received from Douglas.
Draft, Colonial Office to Barclay, Hudson's Bay Company, 27 October 1853, seeking the company's observations on the "propriety of authorizing freedom of trade with the Indians within the settled parts of VanCouver's Island."
This text appears in the upper-left margin of the page, and runs perpendicular to the main text. Part of this text is written over the main content of the despatch. See image scan.Extracts to F.O. April 11th/53. For commt. Further to F.O. for Comt 22 Jul/53. Further ⎯⎯⎯&⎯⎯⎯         27/Oct-/' To Hudson's Bay Comp ⎯⎯⎯" 27⎯"⎯⎯⎯ Copy? 22 Oct/53 No 12
I think this point has been raised upon some former occasion. ABd
There are numerous vertical lines in the margins, as well as underlined words, that are presumably directing which sections are to be extracted. See image scan.2 in Extract