<persName ref="prs:douglas_j"><surname>Douglas</surname>, <forename>James</forename></persName> to <persName ref="prs:lytton_egeb"><surname>Lytton</surname>, <forename>Edward</forename> <forename>George</forename> <forename>Earle</forename> <forename>Bulwer</forename></persName> 30 August 1858, CO 60:1, no. 10344, 134. Douglas addressee Lytton

Published by Jim Hendrickson and the University of Victoria.

Douglas, James to Lytton, Edward George Earle Bulwer 30 August 1858, CO 60:1, no. 10344, 134.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/V58037.html. CO 60:01 CO 60 1 10344 134 37 V.I. 1858 received 11 October co_60_01_00134r.jpg Transcribed from microfilm archives, marked up in Waterloo Script, then transformed into TEI P5 XML.

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Despatch to London. Minutes (7), Enclosures (untranscribed) (5), Other documents (4).

Douglas submits instructions issued to the Assistant Gold Commissioners and a Proclamation establishing Harbor Regulations and for the regulation of boats and other small craft employed on the coast of Vancouver’s Island.

The minutes debate the quality and extent of the regulations but rely on Douglas’s discretion in the matter.

Enclosed are the regulations and the Proclamation; as well as a draft reply from Lytton to Douglas acknowledging the receipt of Douglas’s documents and informs him that they have been transmitted to the Lords of the Committee of Privy Council for Trade.

 Douglas, James
Victoria Vancouvers Island
Lytton, Edward George Earle Bulwer Inserted revisionDesc with @status="unproofed". Changed idno @type="received" into a date element. Gave existing date an @type="sent" and reordered bibl contents.
No. 37 10344, CO 60/1, p. 134; received 11 October
Victoria Vancouvers Island
30 August 1858 Sir,

I herewith transmit for the information of Her Majesty's Government, Gold commissionersinstructions to copy of the instructions issued to the Assistant Gold Commissioners, to be employed in Fraser's River and also a Proclamation issued on the Proclamationestablishing harbour regulations 25th of Instant of Instant = Proclamation, 25 Aug 58, Harbour Regulations Harbour regulations. Not in file; was forwarded to Board of Trade. Trade replied in Tennent to Merivale (Permanent Under-Secretary), 17 December 1858, 12900, CO 60/2, p. 251. Proclamation in Papers Relative to the Affairs of British Columbia, Part I, p. 33, is about gold mining not harbours. Check?? Gazette ?? establishing Harbor Regulations and for the regulation ofBoats Boats and other small craft, employed on the coast of Vancouver's Island, which I trust may meet with the approval of Her Majesty's Government.

I have the honor to be Your most obedient humble Servant James Douglas Governor The Right HonbleHonourable Sir Edward Bulwer Lytton Bart. Her Majesty's principal Secretary of State For the Colonial Department
Mr Elliot This despatch supplies the regulations which have been Regulationsmining Mining regulations adopted for working the gold. They appear to be:

1. That for the present, licences shall be issued at 21/- a month, which shall confer a claim to the following spaces, vizt 25 feet of the bank of the River, 25 feet of each bank of a creek or Ravine or 20 square feet of table land.

2. That these licenses shall extend only to alluvial gold and not to matrix gold combined with quartz or other rock.

3. That special application is to be made for permission to work the quartz veins;the the applicant giving security to the amount of £2,000 for the payment of a Royalty of 10 per cent on the actual produce. The claims to consist of half a mile of the course of the river, and to last for 3 years, renewable at the end of that time if HM's GovtGovernment should approve, and to be forfeited if the holder shall fail to find the requisite security, or shall not employ at least 20 men or shall neglect to pay the royalty. Regulations are also laid down with regard to access to the river, the right to cut timber, and the course to be followed with respect to any machinery which may be erected.

4. In the case of draining ponds or water holes application is to be made as above. But instead of a royalty, Licenses are to be taken out by the applicant for the number of men which such water hole or pond may afford work for. This number to be decided by the Gold Commissioner.

The distinction made between alluvial & matrix gold appears judicious, but it may be a question whether the GovrGovernor has not made the latter too inaccessible by the large capital which would be required to work a claim under his regulations.

Approve, however, in reliance on his judgement?

The Harbor regulations might be sent to the Bd of Trade?

HT Irving 12 Oct
Lord Carnarvon

This is a matter on which I presume that we have no alternative but to rely on the Governor's discretion. The great question in such regulations in remote places with few functionaries must be the possibility of enforcement; and that is a matter which can be conclusively judged of only on the spot.

TFE 12 Oct
I annex a draft whwhich will best explain my view. view Carnarvon's draft was presumably approved by Lytton and appears as the draft, Lytton to Douglas, Confidential, 14 October 1858, in this file. C Oct 14
Draft, Elliot to James Booth, Board of Trade, 23 October 1858, forwarding copy of proclamation establishing harbour regulations for consideration.
Draft reply, Lytton to Douglas, Confidential, 14 October 1858.
"Instructions to Assistant Gold Commissioners," Victoria, 1 July 1858, and forms referred to in paragraph one of the instructions.
Police regulations, Fort Langley, 13 July 1858.
"General regulations for Gold District," Fort Langley, 13 July 1858. Regulationsmining Mining regulations Regulationsfor granting mining licenses
Provisional regulations for the granting of mining licenses, Victoria, 30 December 1858 [1857], including form of gold license.
Proclamation issued by Douglas, 28 December 1857, asserting the Proclamationdeclaring rights of the crown on mainland rights of the crown to regulate mining operations in the colony. Enclosures: These enclosures are published in Papers Relative to British Columbia, Part I, pp. 30-33, except for the proclamation of 28 December 1857, which appears in the Victoria Gazette, 2 September 1858 ?? Check PABC.
*
Draft of lithographed anwser to applicants requesting introduction Governorform letter for introduction to to the governor.
Mr Merivale I think this will do very well. ABd
Yes. EBL Aug 21
Draft of lithographed form letter of introduction to the governor.
Mr Merivale I think that this draft, & the following one will answer Sir Edward's views perfectly. ABd 21
I think so? HM A 21