<persName ref="prs:pakington"><surname>Pakington</surname>, <forename>John</forename> <forename>Somerset</forename></persName> to <persName ref="prs:douglas_j"><surname>Douglas</surname>, <forename>James</forename></persName> 18 March 1852, LAC RG7:G8C/1, 62. Pakington addressee Douglas

Published by Jim Hendrickson and the University of Victoria.

Pakington, John Somerset to Douglas, James 18 March 1852, LAC RG7:G8C/1, 62.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/V527102.html. LAC RG7:G8C/1 LAC RG7 G8C/1 62 2 V.I. 1852 rg7_g8c_01_00037r.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 from London.

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.

Pakington responds to Douglas’ previous letter on the question of whether aboriginal testimony can be accepted in an English court of law. Pakington also acknowledges Douglas’ request for a military vessel to be stationed at Haida Gwaii.

 Pakington, John Somerset
Downing Street
Douglas, James Inserted revisionDesc with @status="proofed". Changed idno @type="received" into a date element. Gave existing date an @type="sent" and reordered bibl contents.
No. 2 LAC, RG7, G8C/1, p. 62
Downing Street
18 March 1852 Sir

I have to acknowledge the receipt of your Despatch of the 16th December last, in which you represent the difficulty you have experienced in the Settlement of disputes between the Colonists and the Indians, and request instructions how far the testimony of Indians is to be admitted as evidence in the Law Courts of the Colony.

With

With respect to the admission of Indian testimony, my belief is that it is for the general advantage of Justice that all such evidence should be received, leaving it to the tribunals to consider how much value it may really possess. I do not think a distinction between cases in which Colonists are concerned, and those in which natives only are concerned, on principle advisable. Indian testimony may not unfrequently be the onlymeans means of ascertaining the truth, if circumstances should ever bring the two races into nearer relations than exist at present. Nor is there any principle of English Law against its admission. The evidence of all persons is receivable in our Courts if they have any mode of solemnly declaring the truth which is held binding among themselves, and any perception of principles of moral right and wrong.

I

I have directed the attention of the Lords Commissioners of the Admiralty to the necessity which appears to exist for stationing a Vessel of War off Queen Charlotte's Island, and I have brought the conduct of the Officers of the United States Customs in detaining the Vessels of the Company under the notice of the Secretary of State for Foreign Affairs.

I am Sir Your most obedient Servant John S. Pakington Governor Douglas &. &. &c Van Couver's Island