^, IMAGE EVALUATION TEST TARGET (MT-3) ^ 1.0 I.I -121 125 ly; ■ 2.2 ^ 1^ 12.0 ■it I |1.25 1 u ^ ^ — 6" - ► Hiotographic Sciences Corporation ^ \ r ^ •SJ \\ ^ % ^!^^ cS^ 23 WEST MAIN STREET WEBSTER, N.Y. M5M (-^lA) $72-4903 <^ CIHM/ICMH Microfiche Series. CIHIVI/ICMH Collection de microfiches. Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductions historiques Technical and Bibliographic Notes/Notes techniques et bibiiographiques The Institute has attempted to obtain the best original copy available for filming. Features of this copy which may be bibliographicaliy unique, which may alter any of the images in the reproduction, or which may significantly change the usual method of filming, are checiced below. D D V D D Coloured covers/ Couverture de couieur I I Covers damaged/ Couverture endommag^e Covers restored and/or laminated/ Couverture restaur^ et/ou pellicula □ Cover title missing/ Le titre de couverture manque Coloured maps/ Cartes apograph g6ographiques en couieur Coloured inic (i.e. other than blue or blacic)/ Encre de couieur (i.e. autre que bleue ou noire) Coloured plates and/or illustrations/ Planches et/ou illustrations en couieur Bound with other niaterial/ Reii6 avec d'autres documents r~^ Tight binding may cause shadows or distortion along interior margin/ La re liure serrde peut causer de I'ombre ou de la distortion ie long de la marge int^rieure Blank leaves added during restoration may appear within the text. Whenever possible, these have been omitted from filming/ II se peut que certaines pages blanches ajout6es lors d'une restauration apparaissent dans le texte, mais, lorsque cela 6tait possible, ces pages n'ont pas 6t6 fiimies. Additional comments:/ Commentaires suppi^mentaires; L'Institut a microfilm^ le meilleur exemplaire qu'il iui a 6t6 possible de se procurer. Les details de cet exemplaire qui sont peut-dtre un. 'es du point de vue bibiiographique, qui peuver; modifier una image reproduite, ou qui peuvent exiger une modification dans la methods normale de filmage sont indiqufo ci-dessous. I I Coloured pages/ D D n Pages de couieur Pages damaged/ Pages endommag6es Pages restored and/or laminated/ Pages restaurtes et/ou peliicui^es Pages discoloured, stained or foxed/ Pages d6coior6es, tachetdes ou piqudes Pages detached/ Pages d6tach6es rT~L Showthrough/ D D Transparence Quality of prir Quality in6gaie de I'impression Includes supplementary materii Comprend du materiel suppl^mentaire I I Quality of print varies/ I I Includes supplementary material/ Only edition available/ Seule Mition disponibie Pages wholly or partially obscured by errata slips, tissues, etc., have been refilmed to ensure the best possible image/ Les pages totaiement ou partieiiement obscurcies par un feuillet d'errata, une pelure, etc., ont M filmtes h nouveau de fagon d obtenir la meilleure image possible. The tot The poa oft filnr Ori| beg the sioi oth firs sioi ori The sha TIN whi Ma diff ent be{ rig! req me This item is filmed at the reduction ratio checked belcw/ Ce document est filmA au taux de rMuction indiquA ci-dessous. 10X 14X 18X 22X 26X 30X V 12X 16X 20X 24X ?8X 32X lire details 'es du modifier ger une fiimage The copy filmed here has been reproduced thanlct to the generosity of: Law Society of Upper Canada Great Library The Images appearing here are the best quality possible considering the condition and legibility of the original copy and in keeping with the filming contract specifications. L'exemplaire film* fut reproduit grAce i la g4n6rosit* de: Law Society of Upper Canada .' Great Library Les images suivantes ont tt€ reproduites avec le plus grand soin, compte tenu de la condition et de la nettetA de l'exemplaire film*, et en conformity avec les conditions du contrat da fiimage. t ides Original copies in printed paper covers are filmed beginning with the front cover and ending on the last page with a printed or illustrated Impres- sion, or the back cover when appropriate. All other original copies are filmed beginning on the first page with a printed or illustrated impres- sion, and ending on the last page with a printed or illustrated impression. Les exemplaires origlnaux dont la couverture en papier est ImprlmAe sont filmAs en commen9ant par le premier plat et en termlnant soit par la dernlire page qui comporte une emprelnte d'impression ou d'illustration, soit par le second plat, salon le cas. Tous les autres exemplaires origlnaux sont film6s en commenpant par la premiere page qui comporte une emprelnte d'impression ou d'illustration et en termlnant par la dernlAre page qui comporte une telle emprelnte. The last recorded frame on each microfiche shall contain the symbol —^ (meaning "CON- TINUED '). or the symbol V (meaning "END"), whichever applies. Un des symboles suivants apparattra sur la derniire image de cheque microfiche, selon le cas: le symbols -^ signifie "A SUIVRE", le symbols V signifie "FIN". re Maps, plates, charts, etc., may be filmed at different reduction ratios. Those too large to be entirely included in one exposure are filmed beginning in the upper left hand corner, left to right and top to bottom, as many frames as required. The following diagrams illustrate the method: Les cartes, planches, tableaux, etc., peuvent Atre filmAs A des taux de reduction dIffArents. Lorsque le document est trop grand pour Atre reproduit en un seul clichA, 11 est filmA A partir de i'angle supArieur gauche, de gauche A droite, et de haut en bas, en prenant le nombre d'Images nAcessaire. Les diagrammes suivants illustrent la mAthode. y errata )d to nt ne pelure, ipon A 1 2 3 32X 1 2 3 4 5 6 BRITISH COLUMBIA. P A P E E S Itr.I.AlIVK ill TIIK AFFAIKS OF BEITISH COLUMBIA. PART I. Copies of Dkspatciies from the Secretary of State for the Colonies to the Governor of Bitrnsii Coi.l-.miua, and from the Governor to the Secretary of State relative to the Govkun.ment of the Colony ; Also, Copies of the Act of Pauliamext to provide for the Government of British Coi-UM«iA ; Goveunor's Commissiont and Instructions; Order in Council to provide for the Administuation of Justice ; and Instrument revoking so much of the Crown Grant of 30th May 1838 to the Hudson's Bay Company for exclusive Trading witli the Indians as relates to the Terri- tories comprised within the Colony of British Columdia. l}t'r0rntrli to botti ^omt» of Harliamrnt fiij (rommanO of Krt itHatrotp, 18 February/ 1859, I if t LONDON: PRINTED BY GEORGE EDWARD EYRE AND WILLIAM SPOTTISWOODE, riUNTF.RS TO TME QUEKN'S MOST EXCELLENT MAJESTY. FOR IlEU MAJESTY'S STATIONERY OFFICE. 1859. ( iii ) sc II i: 1)11 i.K. DOCUMKNTW RKFKRKKD TO IN THK FOLLOWINd DKSPATCIIKS : " An Act to |iiovide for tlie Govoiiinient (if Britisli ('()liiiiil)iii " - - - . | Lettei-s Puteiil appointing Junius Ddii^^liw, Ehi|., ({..vt'inor and (.'<>iiinmni|fi-in( 'liifl' nf Hiitisli Columbia ami its Deiiendcncies - - - - - - - . ;; Instnictions to Governor Douglas - - - - - - - . r, Order in Council einpowuring the (Jovenmr t(i uinkc Laws, ami to pniviilr lin- tiic Adiiiini.-.- tratioJi of Justice - - - - - - . - . ,s Instnunent revoking so unich of the Cruwn (Jrant nf aoth May l(s;W tn the Hiitlsi.riH liay Conijiauy for exclusive Trading witli the Indians as relates to the Territories ( prised within the Colony of British Cri'(^ nl' Sii|ip('i'» and Miii('r.-<, iiiiil .Miiriiii's KNci.osKs ('()i'ii;s or instkictions issri;i) to TIIK ASSISTANT (iOl-l) COMMISSIOXKUS ; hI...o I'UO- CLAMATION .stiiMisliiii^ IIAMIIOLUJ KKCil'I.ATIONS - MKASIWI.S TAKI'.N lol! MAINIAIMNC; I, AW AM) OUDI'^lt. IIc'p>ni> >lc'p~ iiikcii III niisc Kiimls I'ui' iniikiii^ limiiU, siipplviiif; KihkI, f([c. (lliMr\iiliiinn ri',«pi'ctin'r Licciuc Fees mill Dnlv nil Iiiipiirls. Orilcrly cuiKliirl oC the iMining I'lipiilii- tidii ...--... Sept. ay, 1858 (-lO.)- I GKNDIiAL AFKAIliS OF TIIF COLONY. No iiinliii' fiivmir nliiiHii III ScrviiiilMilllir llniNnirs Hay Conipiiiiy. Slates iiilin- linn tiiiiM' i-aiilicni in ('iii|>Iiiyiii^' llin Mililary ami Naval Fdiccs. I Aiiicrii'aii I'np'ilaliiiii iml in liivdiir ul' llic appniiiliiiciit nf I Aiiicrinins n-i .Ma^risl rales or (riiwii Ollicers, Alteiilinii railed to the Services rendeied liy Captiiiiis I'l'evd.sl and Uirliaiils, dt' ' Ilei- Majesty's Sliips •• Saleilile '' ami " riiinipei' " . "•■pt. .7). IH.-,H(V2.). ':^'n\ TIJADK OF FIJASFirS KIVKU. The Insinieiions to allow diily lliili-li Vessels Id iiavi;;ale Fniser's Hiver vvitlioiit a Meeiiee aic in aceonlance willi existin<; Ke^fiiliilioiis, Slates reasiins t'nr liaviii^ ^'Iveii an extended applieatioii to ilii' |{i<;lits of tlie llndsdirs Hay ('onipaiiy to tnidi' with the liidiiins, lint will ill I'm lire I'dllnw Iiislrnetioiis. ( )liser\alidns on I'riielaiiia- linn dt'Hih May, wliieli lias hcen \ irinally aljroi;aled. Arriin^re- ineiil with I'aeilie Mail Sleaiii I'aeket C'onipany never carried into circcl. I'lepiiyiii.iil el' Miiiimr Licences and Head .Moncv I will lie discoiiliiiiied ----.'. Oct. II, lHo8 (13.) - I MKANS OF liAISINO A h'KVKNUK. Slates leasims fer haviiiL' adiipled the sy-tein iit' Mining Licences. l*ret'er.s iidiip- tiiin 111' the views ciuilaiiied in .Sir K. 11. Lytton's Desputi.h, No. (i, df the :ilsl .Inly, nf levying iinpdit Duties. Aniicipales lieiieliciiil n.-iills I'roin Land Sales. Tlie Surveyor-General has liecn iuslrucled to lay out Three Town Sites. Will atlcnd lo Insinicliiins as to enipldynieni dt' lioyal Fnginecrs and I'olicc. I Condilidii dt' Native Indians - - . - . I rag.. 29 .10 ;!3 36 37 DESPATCHES FROM SECRETARY OF .STATE TO GOVERNOR DOUGLAS. kiJ ^iM^: .July 1, IH.'iS (Conlidenlial.) July 16, 18.-)8 (4.) July 16, 18,)8 (Confidential.) July 30, 1858 (5.) NAVAL OFFICFKS AT VANCOIVKU'S ISLAND will be directed liy Adiiiirally lo all'ord ASSISTANCK, hut sugge.st.'i cniition in ii(ls, rluc Fees ig l'oi)nlii- iliiL" Ciivmir j litis intcii- iiil Kdrccs. ntiMcnt III' ition I'lillcil iicliiiiils, of s to iiUow without a lis. Stall's ilii' Kifrlils niliaiis, l)iit I'ldrlaina- , Arranirc- viT ciirricil li'ad Moni'V reasons for I't'fcrs iidop- s Dcspalih, Aiili('i|vHtus General lias atl'Miil to anil I'olioe. DOUGLAS. 33 3(i 37 NI) will l)f i:(;()Vi:ii- mtli open to Pliscd. Not intel'ests Ills proposed tiiin terms ) TO IlIM linisclf from j iiid, for the \ K with two i'KKS AND ■quests that Ortieer in ions, cojiy of 42 43 44 10 11 12 13 14 July 31, IS.W (Confldcntiftl.) July 31,IH,JH(6.) August 14, 1858 (7.) August 14, 1858 (8.) August 14, 1858 (9.) September 1, 1858 (Separate.) Sept. 2, 1858 (1.) Sept. 2, 1858 (2.) Sept. 2, 1858 (3.) Sept. 2, 1858 (5.) MUST HKUNQriSII ALL CONNKXION WITH TIIK IM'(ii:T SOl'M) COMPANY as well as the lliid-oii's Hay I'onipiiny if he accept the otiice of Ooveniir. If it slioiild not conduce to his interests to disconnect liiniself, his eluiins lo enter the service of the Crown in the Colonics, slioiiM hi' desire it, will not be overlooked by ller Majesty's ( iovcnimeiit - OKNKUAr. INSTIU'CTIONS. SlCiiiKSTS that moih rate duties on liccr, wine, spirits, Kco., prcfinible to the iinpositii.n of licences, for Ihe pur(>osi' of raisin;; an imiiiediale Uevcniie. Also disposal of public binds for the same piirpuse. Desirable that a site for n Si'iiport Town should be deeideil on. 'I'lie pelieral views of the Iniiiiifiniiits to be aseeitiiined. I'lirlia- nii'nt will lend its assistance in the early eslabli.-biiiiiil of the Colony, but expects that it will shortly become ^elf-.-iippurtiii';. Genera policy to be that liepreM'iil.ili\e lii-.titutioiis aii'l self- jfovernm 'nt should prevail. Koynl Iji^iiiecrs lo survey those parts .sijtiilile for seltlemeiit, and to sii;:^'es| a ~ite for scat of (ii^veniment ; also as to roails, i(ic. Iinpiiial < i<.\eriimciil will maintain engineers only for a limitnl period. If fiirlher re- quired Colony must defray the cost. Surveys of land for private individuals to be iiielmleil in price paid for the property, Kn^^ineers sent for seieiitilic purposes, and not solely for .Mili- tary objects. Ilia] tor of I'olicc will be sent for the formation of a I'olice Force. To consider llie best means of dealing with the Native Indians. lnterest> of the Natives to be canfiilly Kiiarded ; and attention to be ^'iveii lo the best iiiean^ of ditl'iis- inj; Ihe Chrislinn Kelifrion. Friimlly communicalioiis, as to the best means of securing the peace of the Colony, to be made with American and other Immi^irants. Siig);e>ts whether ainoni; the Itritish and I''ori'i<;n Iniini^'rants ]iersoii.s ciin be found to form a "Conneil of Advice." Kcquesis an early reply on tlie.se .several topics -.--.. TRANSMITS "ACT TO I'HOVIDK I'OU TIIK GOVKUN- MKNT OK lUMllSlI COM'MIil.V" FURTIIEU GKNKIiAr. INSTHUCTIONS. Al'l'lU)Vi:S various appointments and measures liikeii for raisini; a Kcveniie by Customs, also the payment of Miiiini; Licence Fees. Ki'voca- tion of Hiid.son's Kay C"onipaiiy's Licence. Keveiiue derived to be expended on the necessary expenses ol' the Colony. Mis Salary to bo paid by Imperial Government. Pleasures to iie taken for the transmission of letters and levyini; poslaiie. Staff of Surveyors already engaged in Vancouver's Island to prepare the way for the arrival of the Surveyor (ieiieral. Future Government of Colony. Infonnation reiiuired on various subjects ...... INFORMATION RKt^lIRED AS TO DlSl'O.SAL OF LAND. GENERAL DIRECTIONS as to its disposal. Enjoined not to show favour to the .servants of the Ilndson's liny Company - DEPARTURE OF ROVAL ENGINEERS. lutiodncing Captain Parson's in coinniand of twenty ollicers and men. Desired to afford every assistance to enable him to coinmence operations in anticipation of arrival of Colonel Moody, R.E., to whom he is to atl'ord every accommodation ... TRANSMITS QUEEN'S COMMISSION APPOINTING HIM GOVERNOR AND COMMANDER-IN-CHIEF, to. gether with the ROVAL IN.STRl'CTIONS - FORWARDS ORDER IN COUNCIL niakiii!: provision for the ADMINISTRATION OF JU.STICE TRANSMITS REVOCATION OF THE CROWN GRANT OF THE 30th MAY IHJiS TO THE HUDSON'S HAY COMPANY, so far as it embraces the Colony of liritish Columbia ....... NAVAL ASSISTANCE. Transmits copy of correspondence with the Admiralty ...... a 3 I 4t 44 4G 47 4!) 50 .V) 50 51 51 SCHKDl'I.K. PaU' mill NiiiiilH'r HriUKCT. ftf U) 17 IS 19 L'O 21 23 24 25 26 28 i'l S.pl. 2, IS.W ((i.) Sept. 2. 1H.W(7.) Srpl. 2. IK'.H (H.; S.'p(. 2, 1H,-.K (il.l Srpt. 2, ^,^(12) S.pt.2, 1H.58(i;i.) Si'pl. 2, ISriH (II.) Si'pl. 2, 1858(16.) S,-pl. 2, 1H5«(17.) Sopl. 2, 1S5S - - (■Scpiinilc.) Sept. 16, 1858(20.)- St'pl. 23, 1858(22.). NAN Al. ASSIS'l'ANCi;. Iiixtnulinn^ \m\i- l"i ii Kiril tn Uciir- Ailiiiinil .Sic M. Srviiiiiiii' (IP ilif^piilrli llcr Mnjci'l^'s tliip " 'rriliiiiic" « illi »• iimiiy Miiriiir^ n- ihm Ipc Mpiii-i'il. Appri«cs liiiii tliiil till' .\>liMiiitl wit-< iii.'-tnii'icil ill May lithl In -I'lul llrr .Miiji'jityV ^liipK •' I'yliitlt :< " ii'iil " AiiKlliysl " In llic I'licirK' Stiitiun IIS iiiHiii nH tlii'ir xi'i'vici'-i in linliii biiiI C'liiiiii hIiuiiIiI Iio nil iiiiwi'i' rirpiii'cil. riir -liipu III >.'ii ill llii' llrst iiitlniiuc to Vuiii'iiiivi I's I'liiml ...... MIMTAUV All). ■rniiiMiiiii-i r as lo Imw lliis is bi'st lu'ciiiiiplislii'd ...... STATKS TlIA'l' TIIK SOCIKTY I'OK TIIK PUOl'AOA- TION OK Tin; OOSl'KI. I'liOI'OSKS SKNDINO 0\K OI{ TWO MISSIONAHIKS, Oiu' will .sail on llir lolli Ocl. KNCI.OSKS I.KITKK' TO COLONKL MOODY ON TIIK snMK( roK (MtANI'INO LAM), ON CKKTAIN CON- DITIONS, In llir NON-CO.MMISSIONKI) OKKICKKS AND MKN OK TIIK HOYAI, KN(;iNKKI{S. 1,'KI'ORT AND OPINION liKQriHKD AS TO liKMISSlON.S, ON TIIK Pl'IiCIIASK OK LAND, TO HKTIIfKD OKKICKUS OK TIIK AliMY .AND NAVY. n.<|msN I.isis „f Offliiis to hr si'iil iViiin KiiLrlanil, wiili Civil Silinilinii>. nlsn Untf^ nf Pay. To Hrpnii liy iviry n|ipnilnnily nn all niallii's nl' inicri'si DKKININ(i (iOVKIiNOHS KKOAK POSIIION AND NA- TIHK OK l.MMKDIATK Dl'TIKS INDKK K.MSTINO CIIHTJ.MSI'ANCKS .ll'KISDICTION OK TIIK IICD.SON'S 1!AY COMPANY. Knclnsis copy of (•niii'>iinnili'nri' willi Knrtij;n Office le^iariliiifr rertain iiuerii's mlilressed to Her Majesty's Minister at VVasli- in^lloii by llie Tacific .Mail Slomii I'aeket Conipiiiiy on llie siilijert of - - • • - . - si:(;(;ksts appointmkntok ookd commissioneks with the powers nf Mtifrislrales ; iilsn POMCK KOIU'K Al'PHOVAI. OK TIIK PUHLIC MKASl'KKS ADOPTKD. thanks to OKKICKRS OK IIKH MA.IKSTYS SHIPS '•SATKM.riK • AND •' PM'.MPKli." (;KNKKAI, IN- STHL'CTIONS and appinviil of various iip]«)iiitmenls TRANSMITS WAUKANT Al'POINTINC COI.ONKI, M0(;DY •CHIKK COMMISSIONKI! ok LANDS AND WOKKS" Sept. 24, 1858(25.)- COLONKL MOODY TO HOLD DOP.MANT COMMISSION I AS LIKUTKNANT (iOVKKNOU - . . . Oct. IL 1858(29.) - I .1UD(;KS' SALAKY fixeil al SOOA Gel. 14, 1858 - (Conlideutial.) ACKNOWI.KDOKS liKCKIPT OK IHXilLATIONS IS- SIKD K01{ MANAOKMKNT OK (iOLD l-TELDS. AND PROCLAMATION ESTABLISHING HARBOUR REGU- LATIONS, hv. Statomeni nf views as lo these Repnlalion^ - ■36 56 (iO 60 (il 63 65 65 66 67 67 i ' 67 SCIIEDULK. VII \'n' Ufiii-- |)]iri«i'rt kI I In' I'lii'ilii' lll\ll 1)0 IIICO t(l • Offlio ly, wlio COI'Y .ON'KI- Ik'iI, vii'i 1(1 UK SAIJIS ll N(i. (i. ; II larjti' irros|)(iii- tClKTY I'Cr- llllCII- Ikiw lliis :»l'A(iA- ,(; OM', lolli Oft. )N TIIK N ('ON- US AND IT AND )N TllK KKS OK < to 111' I'mV. To ■ I) XA- LISTIN(i ofi .)H W) Ml'AXY. (■jriinliii^ lit VVasli- V im till' >IONEl{S K )01'rKD. S SUM'S {AL IN- OI.ONKI- DS AND MISSION («) til (i;i ().j G.') (iT 67 ONS IS- I DS, AND I R KK(tU- I _ ulalioii'- • ' ^' Numlwr In Umr anil NiinihtT. HllUKfT P.|tt. Bcrln. 30 Ofl. K), 185H CM).) - HK( AlTniATKS SI KI'S TAKKN WITH KF.(;AKlt TO NAVAL. Mil, n AIM, AND I'Ol.UK ASSI,STAN( K. An- llniiiici'^ I'lirtliii- I'l'iiil'iiiri'iiii'iils iliv|iati:li('il. View- ii" lo llirir i'iii|ill<'(l. Tril'ts a I'olli'i' Korcr will -ooii l>i' iviiilili.->lii'il. Kx|ii'i's,, IH.IH - UOVAI, KN<;iNKKKS ONLY lO l»K KMl'l.OYKD IN (I'liviite.) sriiVKYINO on Mcr 1 of 1 \|ii'niii' 71 nj Oct. ly, 1S58 (32.) - i:n( i.osKs i.Krri;ii kijom tiik ahciihisiioi' ok CANTKUItl l!Y, ANNOlN( INd KNDOWMKNT OK- KKUKD IIY MISS ItrUDKlT COrTTS KOU TIIK KOUNDATION OK A SKK, and Reply lluiilo 72 an Nov. 1, 1S.58(X'5.) - KNCLOSKS INSTRIM TIONS ADDRKSSKD TO COLONKL MOODY 7;i A P 1' K N D I X. No. 1. MAI' showiiii; tlie cliH'efent Ilonies of Conimnnieiilioii with the (lohl Reprions on Fraser's nml Thoinpson'.i Rivei's - - - - - - - - -7H No. 2. HAND HOOK to the (iohl Ri'irions, l.v A. ('. Aiiderson, lute Chief Trader, HUDSON'S HAY OJMl'ANY'S SKUVICK - '- 7!i a 4 PajU'i-s i't'Iatii»«f to Hiifi>li (\»Iuiiil>iu. MlllTlnll C'ol.l MIIU. No. I. CoPiF.H of tlic Act of I'aiiliamknt to provide for thr (iiivkbnmknt of niiiriMi (!(iirMiiiA ; GoVKHNoiis* CoMMiNNio.N iiiul I.\HTiii;r I lONM ; ()ur)i'.ii in CowNtii. to priiviilc for tlic Adminiktuation of JiHTitK; 1111(1 Instih'mdn T ri'voltiiig m much ol'tlic C'uow.n (iiiant of tlic MOtli May ISMH to the IIijdmon's Hav Companv for cxcItiMvc 'I'kaiiin(. with tlic iNorANH UH relates to the Territories comprised within the t'oloiiy uf liHrriHii CoLiMinA, N». I. Anno Vicksimo Piiimo fc Vickhimo Skci-ndo Victohu; Hi:(iiNi;. Cai'. XCIX. An Act to provide for the (Jovennnciit of Hrilisli Columbia. [2(1 A unjust I.S.'iM.] Wmbui'.ah divers of Her Majesty's subjects and otiicrs ha»c, i)y the licence nnd conniit of Her Majesty, resorted to and settled on certain wild and nn()ccu|)ied territoric'^ on 'lie north-west coast of North America, comtnonly known liy the desinnation of New Cale- donia, and from and afler the passinj^ of this Act to he named " Midrisii ('ommuia," and flie islands adjacent, for mining and other pinposc ; nnd it is desirable to make some tiin- porary provision for the Civil (lovernmcnt of such territories, until jiermanent settlement'^ shall be thereupon established, and the nundicr of Colonists increased: He it therefore enacted by the (^uccn'.s Most Excellent Majesty, 1)^ and v.ith the advice and consent of the Lords .Spiritual and Temporal, and Commons, m this present Parliament asst nd)l((l, and by the authority of the same, as follows : I. British Columbia shall, for the purposes of this Act, be held to comprise all such territories within the dominions of Her Majesty as arc bounded to the south by the frontier of the United States of America, to the cast by the main chain of the liocky Mountains, to the north by Simpson's River and the Pinlay Branch of the Peace Hiver, nnd to the west by the Pacific Ocean, and shall include Queen Charlotte's Ii^land, and all other islands adjacent to the said territories, except as hercin-aller excepted. II. It shall be lawful for Her Mojcsty, by any Order or Orders to be by Her from time to time made, with the advice of Her Privy Council, to make, ordain, and est.iblish, and (subject to such conditions or restrictions us to Her shall seem meet) to authorize and empower such oflicer as She may from time to time appoint as Governor of British Columbia to make provision for the adnunistration ofjustice therein, and generally to make, ordain, nnd establish all such laws, institutions, and ordinance's as may be necessary for the peace, order, and good government of Her Majesty's subjects and others thereiit; pro- vided that all such Orders in Council, nnd all laws tmd ordinances so to be made as afore- said, shall be laid before both Houses of Parliament as soon as conveniently may be afhr the making and enactment thereof respectively. III. Provided always, that it shall be lawful for Her Majesty, so soon as She may deem it convenient, by any such Order in Council as aforesaid, to constitute or to autho- rize and empower such officer to couLititute a Legislature to make laws for the peace, order, and good government of British Colund)ia, such Legislature to consist of the. Governor and a Council, or Council and Asscnd)Iy, to be composed of such and so many persons, and to be appointed or elected in such manner and in for such periods, and subject to such regulations as to Her Majesty may seem expedient. IV. And whereas an Act was passed in the forty-third year of King (ieorge the Third, intituled " An Act for extending the jurisdiction of the Courts of Justice in the provinces " of Lower and Upper Canada to the trial and punishment of persons guilty of crimes " and offences within certain parts of North America adjoining to the said provinces :" And whereas by an Act passed in the second year of King (Jeorgc the Fourth, intitulcl " An Act for regulating the fur trade, and establishing a Criminal and Civil Jurisdiction " within certain parts of North America," it was enacted, that from and afler the passing of that Act the Courts of Judicature then existing or which might be thereafler esta- blished in the province of Upper Canada should have the same civi! jurisdiction, power, lliMinilarii'i Hnli-li 111- IuiuIm.i. Hit MijcMy by OnliT in (..'oiiiicil iii:ty iiiiik*' or pro* viile lor tin* milking of JiiwH for till* ^fovcrn. IllrlU (if llir Maji'sty's suit- jfcl* uml oituTii in ItriliKli Co- liiiiibiii. Hit Miijcsty limy f'.Uililihli a local l(-(:i^latll^e in Mritikli Co- IntiiMa. Ct-rtiiiit prnvi- sintlAof 4:1 (i .1 c.l.lH, nnil IS; a (;. 4. 1'. M). ■■ rpfroniM Itnli^ll Columhin re- pmled. mi ':'i-' ■ ■■<■ (jil.l MIIIA. titt^iiUMUs in ^ t 8ni(s to !■■ ! '.-v \';iiu'nuvcr*s Isl.iiiil, as at prfscnt cMa- t)liBlir(l. tint to 1h' iiicludt'il in British Co- iiimbiii. • (iovcrtmr." Act tocontimu' in force uniil DeccnitHT IJI, Kxpinition of lU't nut lo atViT* Uouniiiirics.tVc. PAPERS RELATING TO BRITISH COLUMBIA. itliin the Indii (1 other parts of At not within the territories limit-, of'cither ot the provinces ot Lower or l.pper t;annon or oi any uivil liovernnicnt of tiic liiitcd States, as the said Courts had or were invested with within the limits of the -Mid ])n.viiiees of Lower and I 'pper Canada respectively, and tliat every contract, agreement, deiii, liability, and deinand made, entered into, incurred, or arising within the siiid Fndiaii territories and other parts of America, and every wrong and injury to the ])ers()n or to property committed or done within the same, sliould he and be deemed to hu of the same intiire, and l)e cognizable and he tried in the same manner, and subject to tiie same eonsecpienees in all respects, as if the same had been made, entered into, incurred, arisen, committed, or done within the said province of Upper Canada ; and in tile same Act are contained provisions for giving force, authority, and effect within the said Indian territories and other parts of America to ihe p'-oeess and acts of the said Courts of Cpner Canada; and it was thereby also enacted, that it siiould be hiwful for Hi- ?>Iajesty, if He should deem it convenient so to do, to issue a Conii;ii:-nion or Com- iiii--i()iis to am person or persons to be and act as Justices of the Peace within such parts of America as aforesaid, as well within any territories theretofore granted to the Company of .Adventurers of England trading to Hudson's Hay as within the Indian territories of such otiier piirts of America as aforesaid; and it was further enacted, that it should be lawful liir His Majesty from time to time, by any Commission under the Great Seal, to aiith(iri/i' and empower any such persons so appointed Justices of the Peace as aforesaid to sit and hold Courts of Record for the trial of criminal ofl'cnces and misdemeanors, and also (if ci\ il causes, and it should be lawfiil for His Majesty to order, direct, and autho- rize the a|)i)oiiitinent of proper officers to act in aid of such Courts and Ju:.tices within the liirisdii'tion assigned to such Courts and Justices in any such Commission, provided that such (Joints should not try any offender upon any charge or indictment for any felony made the suiiject of capital punishment, or for any offence or passing sentence affecting the liil' of any offender, or ndpidge or cause any offender to suffer capital punishment or transportation, or take cognizance of or try any civil action or suit in which the cause of such suit or action should exceed in value the amount or sum of two hundred pounds; and in every ease of any offence subjecting the person committing the same to capital piini-hment or transportation, the Court, or any Judge of any such Court, or any Justice or .iiistices of the Peace t.iefore whom any such offender should be brought, should commit such offender to safe custody, and cause such offender to be sent in such custody for trial in the Court of the provin " of Upper Canada : From and after the Proclamation of this Act in British Columbia, the said Act of the forty-third year of King George the Third, and the said recited provisions of the said .'\et of tlie second year of King George the Fourth, and the provisions contained in such Act f()r giving force, authority, and effect within the Indian territories and other parts of America to the process and acts of the said Courts of Upper Canada, shall cease to have t'orce in and to be applicable to British Columbia. V. Pro\ided always, that all judgments given in any Civil Suit in British Columbia -hall be jiubjcet to appeal to Her Majesty in Council, in the manner and subject to the regulations in and subject to which appeals are now brought from the Civil ('onrts of Canada, and to such furtlier or other regulations as Her Majesty, with the advice of Her Privy Comieil, shall from time to time appoint. VI. No part of the Colony of Vancouver's Island, as at present established, shall be comprised within British Columbia for the purpose of this Act ; but it shall he lawful for Her Majesty, Her heirs and successors, on receiving at any time during the continu- ance oi'this Act a joint Address from the two Houses of the Legislature of Vancouver's Island, praying for the incorporation of that island with British Columbia, by Order to be ' as aforesaid with the advice of Her Privy Council to annex the said island to made British C'olumbia, subject to such conditions and regulations as to Her Majesty shall seem ('xiiedient ; and thereupon, and from the date of the publication of such Order in the said i-land, or such otiier date as may be fixed in such Order, the provisions of this Act shall be held to apply to Vancouver's Island. \'U. In the construction of this Act the f^rm "Governor" shall mean the person for the time being lawfully administering thr Government of British Columbia. VIII. This Act shall continue in force until the 31st day of December 1862, and theiicefbrth to the end of tlie then next session of Parliamen't : Provided always, that tlie expiration of this Act shall not affect the boundaries hereby defined, or the right of appeal hereby given, or any act done or right or title acquired under or by virtue of this \et, nor shall the expiration of this Act revive the Acts or parts of Acts hereby re pe uled residing powers, ani rules and and Sign '. aforesaid : Douglas, f site, Comu necessary ( impartial a or cause due execu judicial m IV. An( Douglas, PAPERS RELATING TO BRITISH COLUMBIA. not within the vil (lovernnicnt liin tlio limits of every contract, •ising within the 1(1 injury to the 1(1 l)c deemed to icr, and subject le, entered into, Canada ; and in ;ftect within the acts of the siiiil Id be lawful for ir.isiion or Com- within such parts to the ( 'omjiaiiy lian territories of that it sliould be c (ircat Seal, to 'eace as aforesaid isdemeanors, and lirect, and autho- Uotices within the jn, j)rovided that nt for any felony sentence afi'ecting tal punishiuent or •hich the cause of hundred pounds ; : same to capital irt, or any Justice brought, should it in such custody 3 said Act of the sions of the said contained in such and other parts of mil cease to have British Columbia id subject to the Civil ('ourts of the advice of Her ablished, shall be : it shall be lawful uring the continu- re of Vancouver's )ia, by Order to be he said island to ler Majesty shall such Order in the sions of this Act an the person for ibia. :embcr 1862, and ided always, that ed, or the right of f by virtue of this ;s of Acts hereby i Lettehs Patent under the Great Seal appointing Jamks D(K(ii.As, Es(iuire, to be CJovernor nmri-n and Commander-in-Chief in and over the Colony of Bitrnsn C!oi.rMitiA and its ^""i"'''*' Dependencies. Letters Patent, dnlvil 2d September 1858. Victoria, by the grace of (Jod of the I'nited Kingdom of Great Britain and Inland Queen, Defender of the Faith, to Our trusty and well-lielovtd .lanies Ddu^liis, Es(juire, greeting : I. WiiKUKAS We deem it expedient, in pursuance of an Act passed in the twenty-'i .nud year of Our reign, intituled " An Act to provide for the (Jovernment of British ( 'ohnnljia," to make more particular provision for the Government of Our said Colony : Now know you, that We, reposing especial trust and confidence in the prudence, courage, aiul loyalty of ou, the said James Douglas, of Our especial grace, certain knowledge, jkkI mere niotidn, ave thought fit to constitute and appoint you, the said James Douglas, to he, during Our will and pleasure, Our Governor and Connnander-in-CMiief in and over Our Colony of British Columbia and its Dependencies, and in and over all forts and garrisons erected ant' established, or to be erected and established, in Our said Colony of British Cohuidtia, coiiprising all such territories as are bounded to the south by the fi'ontier of the I'niti'd States of America, to the cast, by the main chain of the llocky Mountains, to the north, by Simpson's Iliver and the Finlay Branch of the ''eace River, and to tlu- west, by the Pacific Ocean, including Queen Charlotte Island and all other islands adjacent to {\\v. said territories, excepting from the said islands Our Island of X'ancouver, until the said island shall, in pursuance of the said Act, be hereafter incorporated into Our said tlolon \ . li. And V/e do hereby require and command you to do and execute all things in due manner that shall belong unto your said command and the trust We have reposed in you, according to the several powers and authorities granted or appointed you by this Our present Commission and the Instructions herewith given you, or according to such fiirther powers, directions, and authorities as shall at any time hereafter be granted or a])pointed you, under Our Sign Manual and Signet, or by Our Order in Our I'rivy (Council, oi- by Us, through one of Our Principal Secretaries of State, and according to sucli reasonable laws as arc now or shall heieafter be in force in Our said Colony. III. And whereas it has been appointed by Parliament that it shall be lawful for I's, by any Order or Orders to be by Us from time to time made, with the advice of ( )ur Privy Council, to make, ordain, and establish, and, subject to such conditions and restrictions as to Us shall seem meet, to authorize and empower such officer as We may appoint to administer the Government of Our said Colony, to make provision for the administration of justice therein, and generally to make, ordain, and establish all >ucli laws, institutions, and ordinances as may be necessary for the peace, order, and good government of Our subjects and others residing therein ; and whereas We have, in [lur- suauce of the said Act, by Our Order made by Us in Our Privy Council, bearing date this 2d instant, ordered, authorized, empowered, and commanded Our (Jovernor of Our said Colony to make provision for the administration of justice in Our said Colony, aii lawful conditions, or any respite of the execution of any such offender for such period as to you may seem fit, and to remit any fines, penalties, or forfeitures which may become (lue and payable to Us, but subject to the regulations and directions under Our Royal Sign Manual and Signet accompanying this Our Commission, or in any fiiture Instructions as aforesaid. XI. And whereas it is necessary to make -irovision for the execution of this Our Commission in tiie event of the death, incapacity, removal, or absence of you, the said .lames Douglas, fioni Our said Colony: We do hereby declare Our will and pleasure, tiiat in any of the contingencies aforesaid the (Government of Our said Colony shall he a(lniinisteied by Our Lieutenant-Governor of Our said Colony; or if there be ii» Lieutenant-Governor upon the place, by the person whom We may commission to administer the Government of Our said Colony ; or if there should be no person fo specially commissioiied to administer the (Jovernment of Our said Colony, then by such person as you, by Warrant under your hand and seal, shall or may appoint to adniiiiistcr the Govcinment of Our said Colony and its Dependencies, to "uU or cither of which PAPERS RELA'I'ING TO nRITISII COLUMBIA. ony, to make, be necessary •s residing in ;titutions, and to the Laws Provided also, iratioti soever, )biition or dis- •cseiits re(|uirc' ixnccs you do ■\vliieh live or er Our Uovul [Uturc Instruc- ougliis, to keep the seal of Our aised, or which )ur said Colony I of by you for be particularly wise. s Douglas, full Island and its , boroughs, and es Douglas, by I, Cull power and itsocver residing >, them to march Lhstanding of all e all and every ' doth and ought uglas, full power I the exercise of rcising any otlicc which may bo tm shall continue signified to you. such suspension tions under Our ig you Governor iglas, full power alt; to grant to dgc, Justice, or Vree, or subject ffender for sucli brfeiturcs wbicli directions under ssion, or in any lion of this Our of you, the said ill and pleasure, Colony shall be if there be u" cotnniission to be no person mi iiy, then by such lint to administer cither of which persons Wcdo hereby give and grant all the powers and authorities vested in you by this nums Onr Conunission and tlie Instructions under Our .Sign Manuiil and Signet -iccompanying Commi the same: Provided, nevertheless, tiiat if the exigencies of Our Service shall at any time require your presence in Oin* Island of Vancouver, you do continue to exercise all the powers and authorities hereby vested in you, as fully as if you were not absent troni the limits of Our said C'ohmy of British Columbia. XII. And We do hereby require and command all Othccrs, Ministers, (^ivil and Military, and all other the inhabitants of Oiu' said Colony and tlie territories depending thereon, to be obedient, aiding and assisting unto you, the said James Douglas, or in the event of your death, incapacity, or removal or absence from Our said (ulony, to such person or persons as may, under the provisions of tliis Oiu" Commiss' - — ■ and exercise the functions of our (Jovenior and Commander-in-Chief in ai said Colony. [TI9II BU. ion, assume and over (Jur Instiil'Ctions to Our trusty and well-beloved Jamks Douglas, Es(]uirc, Our CJovcrnor and Commander-in-Chief in and over Our Colony of British (Columbia and of its Dependencies, or in his absence to Our Lieutenant-Governor or Officer admi- nistering the Government of Our said Colony and its Dependencies for the time being. Given at Our Court at Osborne House, Isle of Wight, the 2d day of September 1858, in the twenty-second year of Our Ueign. I. With these Onr Instructions you will receive Our Commission under Our Great Seal of the United Kingdom of Great Britain and Ireland, constituting you to be Oiu- Governor and Connnnnder-in-Chief in and over Our Colony of British C^olumbia and its Dependencies ; you are theretbre with all convenient speed to assume and enter upon the execution of the trust We have reposed in you. II. And you are, with all due and usual solenmity, to cause Our said Connnission, constituting you Our Governor and Connnander-iu-Ciiief as a(()resai(l, to be read and published in the presence of the principal persons of Our said (!olony, and 'you will then and there take the Oath of Allegiance as prcscril)ed by the Act of the first year of King George the First, Statute 2, chapter i;), section 2, and likewise the usual oath for the due execution of the office and trust of Our (jovernor and Commander-in- Chief in and over Our said Colony and Dependencies, and f()r the due and impartial administration of justice, and further, the oath reipiired to be taken by Ciovernors of Plantations, to do their utmost that the several laws relating to trade and the jilantations be duly observed, wliich oaths any two Justices of Our said Colony and its Dependencies or of Vancouver's Island, have hereby full power and authority and are letpiired to tender and administer unto you ; all which being duly performed, you will administer the said Oath of Allegiance to each of the principal persons then present. III. You are, by yourself, or by any other person to be authorized by you in that behalf; to administer and to give to all and every such persons as you shall think fit, who shall hold any office or place of trust or profit, or who shall at any time or times pass into Our said Colony an.l its Dependencies, or be resident therein, the said Oath of Allegiance, save only in cases wherein any other oath or oaths is or are prescribed by the Statutes in that behalf made, or by any of them, in whicii cases it is (Jur pleasure and We do hereby direct that you do adnnnister to such persons such other oath or oaths as aforesaid. IV. it being of the greatest importance to Our Service and to the welt'are of Our objects, that justice be everywhere speedily and duly administered, and that all dis- orders, delays, and other undue practices in the administration thereof be ertectiudly prevented, We do particularly recjuire you to take especial care that in all Courts where you are authorized to ])reside justice be impartially administered, and that in iill other Courts established within our said Colony and its Dependencies all Judges and other persons therein concerned do likewise perform their several duties, without any delay or partiality. V. And whereas We have by Our said Commission authorized, empowered, and commanded you, by Pi'oclamation, or Proclamations to he by you for that purjiose issued under the Public Seal of Our said Colony, to make all such laws, institutions, and ordinances as may be necessary for the peace, order, and good government of Our A 3 ;HlM 6 PAPERS RELATING TO BRITISH COLUMBIA. r^-b .1. 1 BniTIHTI Columbia. 8ub)c-cts rcMiling in «)iir said Colony luid its Depeiuleucics, and other persons, sulyecl to the rules and re<,fulations which are or shall be in that respect prescribed to you by (^ur Instructions under Our Sign Manual and Signet accompanying Our said (foinniission, or by any future Instructions as aforesaid : Now We do prescribe to yon the following rules an^ regulations fur your guidance : • , , VI. You are to observe, in making laws, that the style of euactnig the same be by the Governor of British Columbia. • ,. „ , , VII. You are, as nmch as possible, to observe, m the passmg ot all laws, that each dirt'erent matter be provided for by a diflerent law, without intermixing in one and the same law such things as have no proper relation to each other; and you are more especially to take care that no clause or clauses be inserted in or annexed to any law w-hich shall be foreign to what the title of such law imports, and that no perpetual clause be part of anv tiinporary law, and that no law whatever be suspended, altered, continued, revived, or repealed by general words, but that the title and date of such law so suspended, altered, continued, revived, or repealed be particularly mentioned and expressed in the enacting part. VIII. You are not to make any law whereby any person may be unpeded m csta- blishiu"- the worship of Almighty (Jod iu a peaceable and orderly inanner, although such worship may not be conducted according to the rites and ceremonies of the Church of England ; . , , . , i • IX. Nor any law for the divorce of persons jomed together ni holy matrimony ; X. Nor any law for granting land or money or other donation to yourself; XI. Nor anv law for making any paper or otlier currency a legal tender, except the coin of the realm, or otlier gold or silver coin ; XII. Nor any law lb/ raising money by the institution of public or private lotteries; XIII. Nor any private law whereby the property of any individual may be aflectcd, in which there is not a saving of the rights of Us, Our heirs and successors, and of ull bodies politic or corporate, and of all other persons, excepting those at whose instance or for whose especial benefit such law may be enacted, and those claiming by, from, through, and imder them ; XIV. Nor any law for imposing differential duties ; XV. Nor any law the provisions of which shall appear inconsistent with obligations imposed upon us by treaty ; XVI. Nor any law interfering with the discipline of our Land or Sea Forces in the Colony; XVII. Nor any law that shall purport to be enacted for less than one year ; XVIII. Nor any law, of an extraordinary nature and importance, whereby Our Prero- gative, or the rights and property of Our subjects residing in Our said Colony, or the trade and shipping of Our United Kingdom and its Dependencies, may be prejudiced ; XIX. Nor any law containing provisions to which Our assent has been once refused, or which have been disallowed by Us. XX. You are to take care that all Writs be issued in Our name throughout Our said Colony under your Government. XXI. You are to take especial care to regulate all s;ilaries and fees belonging to places, or paid upon emergcn(;ies, that they be within the bounds of moderation, and that no extortion be made on any occasion whatsoever, as also that tables of all fees be publiciv hung up in all places where such fees are to be paid ; and you arc to transmit copies of all such tables of fees to Us, through one of Our Principal Secretaries of State. XXII. It is Our will and pleasure that you do in all things conform yourself to the provisions contained in an Act of Parliament passed in the fourth year of the reign of His late Majesty King George the Third, intituled " An Act to prevent paper bills of " credit hereafter to be issued in any of His Majesty's Colonies or Plantations in America " from being declared to be u legal tender in payment of money, and to prevent the " legal tender of such bills as are now subsisting from being prolonged beyond the " ])eriods limited for lecalling in and sinking the same," and also of an Act passed in the thirteenth year of the reign of His late Majesty, to explain and amend the above- recited Act passed in the fourth year of his reign as aforesaid ; and you are not to give your assent to or pass any law whereby bills of credit may be struck or issued in lieuot money, or for payment of money, either to you, Our Governor, or to any perscn what- soever, unless a clause be inserted in such law declaring that the same shall not take eflect until the said law shall have been approved and confirmed by Us, Our heirs or successors. XXIII. You shall not, by colour of any power or authority hereby or otherwise granted or mcutioued to be granted to you, take upon you to give, grant, or dispose of rsons, sulijcct •ribt'd to you mg Our buid escribe to you ainc be by the aw8, that each one and the you are more ed to any law ; no perpetual ended, altered, itc oi" such law uiciitioned and pcdcd in csta- , although such the Church of itriiuony ; elf; ider, except the ivatc lotteries ; nay be afi'ected, ssors, and oi' all hose instance or , from, through, rt'ith obligations i Forces iu the year ; reby Our I'rero- 1 Colony, or the )c prejudiced ; ;n once refused, mhout Our said jnging to places, )n, and that no fees be publicly ansniit copies of f State, yourself to the of the reign of it i)aper bills of tions in America to prevent the ged beyond the n Act passed in nend the abovc- u are not to give issued in lieu o\ ,ny person what- e shall not take Js, Our heirs or 3by or otherwise ant, or dispose of PAPERS RELATING TO BRITISH COLUMBIA. 7 any office or place within Our said Colony and its Dependencies, which now is or shall be irnintcd under the drcat Seal of Our United Kingdom, or to whicli any person is or shall he appointed by Warrant under Our Sign Manual and Signet, any further flian you may, upon the vacancy of any such office or place, or upon the suspension of any such officer bv you, select and nominate any fit person to olliciate in the interim, "till you shall have represented tiie matter to Us, througii one of Our Principal Secretaries of State, which you are to do by the first opportunity, and have received Our further directions therein. XXIV. You are to transmit unto Us, through one of Our Principal Secretaries of State, with ail convenient speed, a particular account of all establishments of juris- dictions, courts, offices and officers, powers, authorities, fees, and privileges, granted and settled, or which shall be granted and settled, within Our said Colony and h> Depen- dencies, as likewise an account of nil the expenses attending the establishments of the said Courts, and of such funds as arc settled and appropriated to discharge the same. XXV. And whereas We have by Our said Connnissioii authorized you, upon sufficient cause to you appearing, to suspend from the exercise of his office within Our said (Joloiiy and its Dependencies any person exercising the same under and by virtue of any Com- mission or Warrant granted or to be granted by Us or in Our name or under Our authority : Now We do charge and require you that, before proceeding to any such suspension, you do signify, l)v a statement in writing to the person so to be suspended, the grounds of such your intended proceeding against him, and that you do call upon such person to communicate to you in writing a statement of the grounds upon which he may he desirous to exculpate himself, and if, after having considered such statement and exculpation, you should |)ersist in such suspension, you are to transmit the said state- ment and exculpation to Us, through one of Our Principal Secretaries of State, by the earliest conveyance; but if in any case the interests of Our Service shall appear to you to demand that a person shidl cease to exercise the powers and functions of his office instantly, or before there shall be time to take the proceedings herein-before directed, vou sliali then interdict such person from the exercise of his powers and functions, pre- serving to him, however, until such proceedings shall have been taken, the emoluments and advantages of his office. XXVI. And whereas M'e liave by Our said Connnission given and granted unto you full power and authority, as you shall sec occasion, in Our name and on Our behalfi to grant to any offender convicted of any crime in any court, or before any Judge, .Justice, or Magistrate within our said Colony, a pardon, cither free or subject to lawful conditions, or any respite of the sentcnci? of any such offcnr such otiiccr as British Columbia icrally to make, ly be necessary others therein : s so to be made as conveniently ed also, that it lit, by any si.'!. cr such ofiiccr to . government ot uncil, or Couneil be appointed or ations, as to Her ted Act, and by th hereby order, the time being o make provision :laniations to be PAPERS RELATING TO BRITISH COLUMBIA. 9 UltlTISH C'oi.iMr.u. by him issued for that purpose, under the Public Seal of the said Colony, to make, ordain, and establish all sucn laws and ordinances as may be necessarv for the peace, order, and good government of Her Majesty's subjects and otlicrs in the said Colony ; subject, nevertheles.^, to the following conditions, that is to say: that every such law or ordinance as aforesaid sliall by the said Governor or oilicer administering the Government be with all convenient expedition transmitted to Her Majestv, for Her approbation or disallowance thereof or of any part thereof, tluough one of Her Principal Secretaries of State, and that the same or any part thereof shall not be in Ibrcc within the said (.'olony afler Her Majesty's disallowance as aforesaid shall be made known therein: Provided nevertheless, and Her Majesty doth hereby reserve to IIcim it. Her heirs and successors, Her and their right and authority to make and establish, from time to time, with the advice of Her Privy Council, all sudi laws as may to Her or thcin appear necessary for the order, peace, and good government of the said Colony and its Dependencies, as fully as if this present Order had not been made. And it is hereby further ordered, that in providing tor the administration of justice in A.iiaiui>tration the said Colony, and the making all such laws, institutions, and ordinances, the said i'n»s<'w- Governor or officer for the time being administering the Ciovernment of the said ( 'olony shall conform to and exercise all the directions, powers, and authorities given and granted to him by Her Majesty's Commission, the draft of which is hereunto annexed, subject to all such rules and regulations as are prescribed in and by the Instructions under the Royal Sign Manual and Signet accompanying Her Majesty's ("omniission, or by any Instructions as aforesaid which Her Majesty, with the advice of Her Privy Council, may from time to time make for his guidance herein. And the Right Honourable Sir Edward Bulwer Lytton, Baronet, one of Her Majesty's Principal Secretaries of State, is to give herein the necessary directions according! v. (Signed) C. C. GREVlLLE. Copy of an Instrument under the Royal Sign Manual, revoking so much of the Crown Grant of 30th May 1833, to the Hudson's Bay Company, for exclusive Trading with the Indians, as relates to the Territories comprised within the Colony of Bnrnsn Columbia, dated 2d September 1858. Victoria, by the grace of God of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith, to all to whom these presents shall come, greeting : Whereas liy an Instrument under the hand and seal of the Right Honourable Lord Glenelg, then one of Our Principal Secretaries of State, and dated tlie ;j()th day of May 18.38, VVe did, for the reasons and considerations therein recited, grant and give Our licence to the Governor and Company of Adventurers trading to Hudson's Bay, and their suc- cessors, for the exclusive privilege of trading with the Indians in all such parts of North America to the northward and to the westward of the lands and territories belonging to the United States of America as should not form part of any of Our jirovinces in North America, or of any lands or territories belonging to the said United States of America, or to any European Government, State, or Power, but subject, nevertheless, as therein-after mentioned ; and did give, grant, and secure to the said Ciovcrnor and Com- pany, and their successors, the sole and exclusive privilege, for the full period of twenty- one years from the date of Our said grant, of trading with the Indians in all sucii parts of North America as aforesaid (except as therein-after mentioned) : Provided nevertheless, and We did thereby declare Our pleasiu'e to be, that nothing therein contained shouhl extend or be construed to prevent the establishment by Us, Our heirs or successors, within the territories aforesaid or any of them, of any colony or colonies, province or provinces, or the annexing any part of the aforesaid territories to any existing colony or colonies, to Us, in right of Our Imperial Crown, belonging, or constituting any such form of Civil Government as to Us might seem meet, within any such colony or colonies, province or provinces; and We did thereby reserve to Us, Our heirs and successors, full power and authority to revoke Our said grant or any part thereof in so tar as the same might embrace or extend to any of the territories aforesaid which might tiiereailer be comprised within any colony or colonies, province or provinces, as aforesaid : And whereas We have, by Our Commission under the C-rreat Seal of Our United Kingdom of Great Britain and Ireland, bearing date at Westminster this second da\ of B I m ■■> i .]W >r. 10 PAPERS RELATING TO BRITISH COLUMBIA. ■(!»■ .' British September ISriS, in the twcntv-second yeiuofOur reign, and in virtue us well of the Coi.nMBi*. powers vested in Us by nn Aet, entitled " An Aet to provide for the Government of " Hritish (Jolumbin," ns of all otiu r powers and authorities belonging to Us in that behalf, established within the territories aforesaid a Colony under the title of British Columbia, imunded, as in the said rceited Aet is mentioned, to the south by the frontier of the United States of Ameriea, to the east by the main chain of the Rocky Mountains, to the north by Simpson's River and the Fiiday Branch of tbc Peace River, and to the west by the Pacific Ocean, and including Queen (Charlotte's Island, and all other islands adjacent to the said territories, except as therein-afler excepted : And whereas it has appeared to Us expedient that the right of exclusive trade with the Indians given by Us in manner aforesaid to the Governor and Company of Adven- turers trading to Hudson's Bay, and their successors, within the territories in the said Instrument descril)ed, should no longer be exercised by them within so much of those territories as is comprised within the said Colony of British Columbia : Now know ye that We do hereby revoke Our said grant contained in the herein-before recited Instrument of the 30th May 1838, in so far as the same embraces or extends to the territories comprised within the said Colony of British Columbia : And We do heref)y declare, that this present revocation of Our said grant shall take effect within the said Colony as soon as it shall have been proclaimed there by the Officer Administering the Government thereof. Coi'V of Dl (No. 2 My Loud, 1. Si of the Cout' from the A goods, cspe( and as those Possessions immediate st which a copj and I have s effective fore 2. That fc of the Custo 3. I also River, for th( vou on my n ' 4. The Ai two days ag boats and cai .5. The ex pushing from 6. In our white miners, not finding mountain snc flooded, the tities, probal country whic a lower level. 7. Those a On all sides t their own te from Nisqua 8. I am n power, to clo found in abu large white p 'rary, it is n.: the diggiugi "aser's Rivei The evil v/ili 9. In the n tave recourse kgalize the PAPERS RELATING TO BRITISH COLUMBIA. 11 Despatches from Governor Douglas. Britmo coi.dmbia. No. 1. Copy of DESPATCH from Governor Douglas to tlic Right Hon. Lord Stani.ky, M.P. (No. 23.) Victoria, ViuKouvor's Island, May 19, 18.58. (Kcccivcd July 13. lH,'i8.) Mv Loud, ( Answircd, \o. 4, .July l(i, IXJH. p. 42.J 1. Since I had the honour of adchessing you on the 8th instant, on the subject of the Couteau Gold Mines, it was currently reported that boats and other small craft from the American shore were continually entering Fraser's River with passengers and goods, especially spirits, arras, anununition, and other prohibited and noxious articles, and as those acts are in direct violation of the Customs' Laws, as extended to the British Possessions in America, and infringe the rights of the Hudson's ]}ay Company, I took immediate steps to put a stop to those lawless practices, by issuing a Proclamation, of \fhich a copy is transmitted, warning all persons against the conse(|uences of such offences, and I have since applied to Captain Prevost, of Her Majesty's Ship "Satellite," for an cflfective force to cany out the measures proposed and set forth in my Proclamation. 2. That force it is intended to despatch to-morrow, under the direction of an officer of the Customs to be appointed specially for that purpose. 3. I also propose in a few days hence to make an excursion to the Palls of Fraser's River, for the purpose of inquiring into the state of the country, on which I will report to you on my return. 4. The .Vmerican steamer " Commodore " returned to this port from San Francisco two days ago, with 400 passengers for the (Jold Mines, who are preparing to leave in txiats and canoes for Fraser's River. 5. The excitement about the Couteau Gold Mines is on the increase, and people are pushing from all quarters in that direction. 6. In our last accounts from that quarter, of the 8th instant, it is stated that 1,500 white miners, at the smallest computation, had reached the diggings, and that they were not finding much gold, in consequence of the rivers being swollen by the melting of the mountain snow. The river beds, which yield the largest quantities of gold, being all flooded, the miners were in search of other diggings, and had found gold in small quan- tities, probably from one to two dollars a man per day, in almost every part of the country which they have examined, and they expect a large yield when the rivers fall to a lower level. 7. Those accounts are sufficiently promising to nourish the prevalent mania for gold. On all sides the Americans are striving to force a passage into the Gold District through their own territories, attempts being at once made to open roads from Bellingham Bay, from Nisqually, and by the way of the Columbia River. 8. I am now convinced that it is utterly impossible, through any means within our power, to close the Gold Districts against the entrance of foreigners, as long as gold is found in abundance, in which case the country will soon be overrun .uid occupiecl by a large white population, whether it be agreeable to our wishes or not ; while, on the con- trary, it is no less certain that the excitement on the subject will soon altogether cease, if the diggings: prove unremunerative, and the crowds now gathering on the banks of Fraser's River will in that case soon abandon the country, and return to their homes. The evil Vv-ili thus work its own cure without interposition on our part. 9. In the meantime, with the view of escaping the greater evil of compelling people to have recourse to expedients for entering the country by unlawful means, I am striving to legalize the entrance of gold miners into Fraser's River, on certain conditions, which at B 2 No I. Enrlomire. 19 PAPERS RELATING TO BRITISH COLUMBIA. C'OI.L'MUU. iii.r '■:\h once nsscrt the rights of the Crown, protect the interest of the Hudson's liny Company, anil are intended to draw the whole trade of the (Jold Districts through Frawcr's Uivcrto Colony, which will procure its supplies directly from tlic Mother Country 1 P' s I'l ^ . - . . , class coiniccted with their operations in California, and n statf of experuncet 1(». With those views 1 proposed'an arrangc'ment on the following terms to the Agents of the United States Pacific Mail Steam Ship Company, who, having steamers nf every class coiniccted with their operations in California, -. . . officers at their disposal, are perhaps better (lualificd than any other parties for carrying such an arran},'einent inuncdiately into eH'ect ; — 1st. 'I'haf they should place steamers on the navigable route between this place nnd the Tails of Frasci's Kiver, l.'JO miles distant from its discharge into the Gulf of lieorgia, for the transport of goods and passengers t-i that point. ■Jd. 'I'hat they should carry the Hudson's Hay Company's goods in into Fraser's River, fuid no other. :?d. 'I'lmt gold mining I) oilier. t they carry no passengers except such as have taken out and paid for ii iiiiiiiig licence and permit from the Government of Vancouver's Island. 1th. That tliev pny to the Hudson's Bay Company, as compensation to them, at tliu rate of two dollars head money for each passenger carried into Fraser's River. r)th. 'I'liat they should otherwise be allowed to enjoy the whole of the profits on the river transport, fith. That arrangement to continue in force for one year from this date, and no longer. 11. The Pacific Mail Steam Ship Company have promised to give a decided answer, accepting or rejecting those proposals, on or before the 24th of the present month. 12. If that arrangement be carried into effect, it will be of great advantage to the country at large, and give the Government a decided control over the mining population of the interior. l.'i. I trust, from its so thoroughly protecting every interest connected with the country, that it will meet with your approval I have, &c. (Signed) JAMES DOUGLAS, The Right Hon. Lord Stanley, M.P., Governor. &c. &c. Enclomiro in No 1. J'liclosurc in No, 1. Pkou.amation liy II'h KxccUcMcy .Tamks Doiolas Ciovernor and Commander-in-Chief of tlio Colony of Vancouver's Island nnd Dependencies, nnd Vice-Admirnl of the enmc, &c. &c. &c. Wiii:Kr.AS it Is ciunnionly rcjioitcd (iiiit certain lioats and other vesjicls have entered Fraser's River liir trade ; and wlincas tliere is leasou to apprehend that other persons arc preparing and iittinf; mu hoats and vebsel> lor the same jinrpose: Now, theref'oic, 1 have isBued this my Proclanmtlon, warning all persons that such nets arc eontraiy to law, and infringements npon the rights of tlie Hudson's Bay Company, who arc legally entitled lu tlic trulo with Indians in the British Possessions on the north-west coast of America, to the exclusion of all other persons, whether British or Foreign. And also, that after fourteen days from the date of this my Proclamation, all ships, boats, and vessels, together with the goods laden on board, found in Eraser's Kiver, or in any of the bays, rivers, or creeks of the said British Possessions oa the north-west coast of America, not having a licence from the Hudson's Bay Company, and a suflerance from the proper officer of the Customs at Victoria, shall be liable to forfeiture, and will be seized and condemued according to law. Ciiven under my hand and seal, at Government House, Victoria, this eighth day of May in tlic year of our liord One thousand eight hundred and fifty-eight, and in the twcuty- first year of Her Majesty's reigu. (Signed) Jamks Douglas, Governor. By His K.xceliency's Command, Kichard Golledge, Secretary. God save the Queen. n I .: Copy of D (No. li Mv Lord, l.Si to the Cou well as the of the emp therein pror and seen all of my procc the country 2. In coi Majesty's SI her on the f we proceed( Langlcy, dis 3. The ■" contraband manned exr and personal eranting a p formed, was brought to 1 dation Act, 4. From native Indiai " Satellite's" ,'). After .^ the Hudson' Langley. 6. The ac below the po conimencemc successfully < number of w that number exciting purs 7. The dif Bar," four mi state of the ri 8. The gol en any of the jinking to a f 9. Mr. Hi product of hi the result bei money, givinj party observe he further rei 10. The ot making from the man a da' 11. Thegf fell to the lot dust in seven giving a retur .12. Thirtj with very fa\ liad prospecte tlie confluenc is (lute, and no cctcd with the 5LAS, Governor. PAPERS RELATINO TO DUlTrsiI COI.UMniA. 1,1 No. 2. Copy of DESPATCH from (Jovcrnor Dot'oi.As to the Hi^ht Hon. Lord Stani.kv, M.T. (No. li-l.) Victorin, Vniicoiivcr's Islnnd, .Finn- I(t, I8.')8. Hfy Lord, (An'Wrrnl N(i. H, Allllll.>t I I. I><"jS, yiv^r 17.) 1. SiNCK I had the honour of addressing you on the 19th of May lii>t, in reHirnee to the ('Outeaii (Jold Mines, and the immigration of foreii,mers into I'riiMM's Hivcr, t\< well as the measures taken to assert the rights of the Crown to enforce the HtMnne laws of the empire, and to protect the rights of the Hudson's Hav Company, I liuvc, as therein proposed, made a journey to the Fulls of Frascr's Uiver, visited the ijoiil ilii'Mini^'s, and seen all the miners below that point; and I will now proceed to give u i)ricl'nuinitivr of my proceedings, and the information gathered iit respect to the auriferous character of the country in the course of that journey. 2. In consequence of the requisition for assistance made on Captain Prevosf, lli r Majesty's Ship " Satellite" was anchored off the n\outh of Fra.ser's Hi\er, whore I joined heron the following day, with the Hudson's liny Company's propeller "Otter," in which we proceeded up Eraser's River, with the " Satellite's " launch and gig in tow, to F<:rt Langlcy, distant about .30 miles from the mouth of the river. 3. The Revenue officers found immediate occupation in the seizure of several lota of contraband goods, and taking 16 unlicensed canoes into custody. 'I'iie latter being manned exclusively with gold miners, and containing oidy their mining tools, pro\i>ions, and personal clothing, without any merchandise for trade, 1 caused them to be n-Icascd, i;ranting a pass at a charge of five dollars to each canoe, and the amount, 80 dollars, so formed, was carried to account of the public Revenue, 'i'he contraband goods will be brought to trial on the llth instant, imder the I67th section of the " Customs Consoli- dation Act, 1853." 4. From Fort Langley we pursued our upward journey, in canoes manned chieflv by native Indians, and accompanied by Captain Prevost in his gig, manned with six of the " Satellite's" seamen. 5. Af\er journeying four days, we reached Fort Hope, the next establishment of the Hudson's Bay Company on Frascr's River, and about 80 miles distant fiom Fort Langley. 6. The actual gold diggings commence on a bar of Eraser's River about one mile below the point on which Fort Hope is situated, and from that point upwards to the commencement of the Falls, a distance of 20 miles, we found six several parties of miners successfully engaged in digging for gold on as many partially uncovered river bars ; the number of whites on those bars being about 1 90 men, and there was probably double that number of native Indians, promiscuously engaged with the whites in the same exciting pursuit. ". The diggings became sensibly richer as we ascended the stream as far as " Hill's Bar," four miles below the Falls, which is the richest point workable in the present high state of the river. 8. The gold on those bars is taken entirely from the suifacc, there being no excavation on any of them deeper than two feet, as the flow of water from the river prevents their Jinking to a greater depth. 9. Mr. Hill, the party after whom the bar is named, produced for inspection the product of his morning's (six hours') work, with a rocker and three hands besides himself, the result being very nearly six ounces of clean float gold, worth one hundred dollars in money, giving a return of fifty dollars a day for each man employed. That return the party observed was the largest day's work he had ever made on Frascr's River, and he further remarked, that the same good fortune did not attend him every day. 10. The other miners whom I questioned about their earnings, stated that they were making from two and a half, the lowest, to twenty-five dollars, the highest usual return to the man a day. 11. The greatest instance of mining success which I heard of in course of ourjcurney fell to the lot of a party of three men, who made one hundred and ninety ounces of gold dust in seven working days on " Sailor's Bar," a place about ten miles above the Falls, giving a return of nearly nine ounces a day for each man employed. 12. Thirty miners arrived from the upper country during our stay nt the Falls, with very favourable reports as to its productiveness in gold. They told nie that they bad prospected the banks of Eraser's River as far as the Great Falls, forty miles beyond the confluence of Thompson's River, and also many of its tributary streams, in all B 3 ItlllTIHII Cnl.l UIIIA, Nn. 'J. t I, rm 14 PAPERS RELATIN(} TO BKITISH COLUMBIA. nwtiiiM ot'wliidi tlicy fimnd ^oM, l'rc-(|iuntlv in pieces rallying from twenty-four grains to half Cm.vutn\. m, ,,„|ic(< in weight, aii wlurcvrr rc(|iiiri'(l, which will rip»irt 111! proct'i'diiijfs to the miiiTal n\Yuv at this plair, Mipiriiitt iidt il liv tin- S»ir\iyor- Gintriil, who will In- lu'ld rj-sponsihlc (or tlu' propir iiiaiiam'iiuiit ot'tlu' di partimiit. '2'. In loiisiMpiciui' of fill' imcca.siiijf drmaiids upon my tiiiu- liy thi- crowd- ot' pcopU- who are HtHkiiifj; to this place, and the want of assistants, my secretary, Mr. (iolKilgc, bfinft ureiitly overworked, I hnve lu'en comjH-lled to prepare this report in the midst of miiiilHrlcss interrii|>tions, and I hv^ that its inaccuracies may he overlooked luid that I iiiav receive your instructions liy return of post, as the cas«' is urgent, and calls fur riipid niul ilecisive measures in the outset, for in the courito of a few months there may be out' hundred thousand people in the country. I have &c. (Signed) JAMKS DOlTiLAS, The Right Hon. Lord Stanley, M.P., Governor. 6cc. Ik. No. 3. Copy of DESPATCH from Governor Dol'olas to the Right Hon. Lord Stanlkv, M.P (No. 25.) My Lord, returned for want countr* , Victoria, Vancouver's Island, June LI, 1858. (Kciciviil Aii(,'iiM i). 1H,-,H.) (AinwLTi'tl No. 8, Aii){iist 14. iH.'iH, imgc (7.) I. \ iiAVK. the honour to enclose herewith copy of an address presented to nu> in the 12th instant by a committee appointed fi)r that purpose at a public meeting lately held at this place. 2. I informed the committee, in reply to their address, that I had lately from the mines of Frascr's River, and that there was really no actual distress ot provisions among the mining population in all the accessible parts of the ana that care would be taken to provide for all their wants. ,'i That I had no authority to throw open the trade of Frascr's River, which was secured by Statute to the Hudson's Bay Company ; but that I had addressed Her Majesty's Government on that subject, recommending the opening of the Frascr's River district for settlement, and I was of opinion that course would be taken, and compensation be made to the Hudson's Hay Company for any sucririce of interest they may be called upon to make. 4. I also informed them that the progress of this Colony occupied my careful attention, and that its growing interests would be carefully protected. 5. I also promised to for\vard their address. I have, &c., (Signed) JAMES DOUGLA.S, The Right Hon. Lord Stanley, M.P., Governor. &c. &c. Enclosure in No. 3. owds, the public ■ ^,j ,he authority of To His Excellency James Douglas, Governor nnd Comninnder-in- Chief of the Colony of Vancouver's Inland and its Dependencies, and Vice- Admiral of the same, &c. &c. &c. IliiiTi'm I'lil.l )Mli«. At a public meeting held on the 5th instant the following resolution was unanimously adopted, viz.: — " That a committee be appointed to draw up nn address to His Excellency iFaines Douf,'lat^, Governor of Vancouver's Island, and chief factor of the Hudson'.^ Bay Company, for the jjurpose of obtaining free trade with the mining population on Frascr's River ; and also that steamers uuil other vessels be allowed to run between Victoria and the head of navigation on Frascr's Kivcr and its tributaries." Vi'e, the undersigned, having been named to carry out the above resolution, beg respectively to elicit your Excellency's earnest attention to the following important points : — 1st.— It is notorious that the stock of provision; in the mining districts is utterly iiiadi'(ju;ito for |Jie supply oven of the present population, many individuals having been compelled to abandon tlitiir i»bour8, and return to this and other jwrts, to obtain the common necessaries of life. Mpav .settlors m this island are most anxious to carry supplies to their countrymen at the mmcs, but ai« jy.'eveiited W the obstacles interposed by the Hudson's Bay Company, who have already seized goods to u Msiderable amount on their way up the river. B 4 No.*. KlU'lo F.ncloiiM la Nu. S. t • •if' ■ n ■ u :■■ -Iti I ■ . ■■ ( « , ■> . < ->■>' I '. 1 ■ ■ m Coi.niiuA. 16 PAPERS RELATING TO BRITISH COLUMBIA. Wo C'lnnot tlitTefoic, ron,«i(ler witliout serious apprehension the state of confusion and (lidrcij which niu-t ensue when the vr.s-t numbers now swellin-? the tide of inunigration shall have settled on the.-.' i-iiorcs, I'hould tiie present restrictions imposed upon trade by the Hudson's J5ny Company PDiiliniio in force. . . . ,i . • «■ , , „ 2,1 _W(. \,^■liiniftiiii 'I'cnitiiry. Fiftv-tlucc Moil killed. "Another Indian War. — Startling Intelligence. Doluat of Col. Hti'pt " .Jisr iis wc arc getting our paper ready for tlic jire^s (Thursday arteiiiooii), an cxprc-s arrived litiii c hciul-iiuarterti of Col. Steptoe in tlie Sinicoe Valley, with d(!.-]iafclie.-i for I/ieiit. Col. Ca.-cy, am ,Jtcrs to llis lOxcelleiiey (iov. M'MiiUin, iiiforiiiing tliein of llie dclcMt, on tlio I'illi instant, at tin tirst crossing of Snake River, ahout 30 miles aliove its junction with *' ■ ''■' ' '■ '' '' uf Col. S. The coniniand consisted of iive eoniiianies or 400 men the letter I the Coluiiihia, of the ooimii:ini 'J'Ik; Indians are reported KncloMiro in No. t. the not of crossing the river. 'Col. .Steptoe had proceeded into the Snake eniintry ])o,i valily to treat with thciii, or preeocd to liostilities, if necessary. The object of his visit was probably ol'a similar eharacter with that of .Majni- llallor, sonic three years since, and which resulted in a like imfortiiiiatc manner. Major II., our reader* will rcmenilier, iirocecilcd thence with a fo.'co of 104 men, and in a poaecaiile niaiiiii i- ilemiuulod the miirdercrs of the emigrants ol' 18j4. The result wa-*, that instead of liiiiigiiig to justice these depredators and murderers, he hrought lioiiic the Imdies of l'2 of his eiimiiiaiid, killed or Hoiiiuk'd, oa litters." No. 5. ^„, ,. Corv of DESPATCH fiom (iovernor Dougi,.\s to the Right Hon. Lord Sr.wii.v, .M.P. (>so. 28.) ^'ictoria, Vancouver's I.sland, June li), Is,j.><. (Kcceived .Vn^iist !), 1H,-)S.) Mv Loan, {Answered Xo. S. Aiigosl 1 t, 18,-,M. |,i,l'c 17.) 1. I i-K.ut the frequent and desultor}' nature of my Despatches will give you mueli trouble, but the pressure of business compels me to address you in this form. 2. Reports iire continually arriving here confirmatory of the extent and value of the Frascr's River GoldRegion; and Caj.tain Stuart, of the Hudson's 1 Jay Company's .Service, lias jnst reported the discovery of gold in the Cowctchiii Valley, \ancouver's I.-laiid, on the authority of Indian testimony. 3. .\nother report has just been made otlicially by Mr. Brotcliie, that he saw and c.\aniined the contents of a purse, containing about '20/. worth of gold dust, wliieii an Indian had collected in Howe's Sound or Burrard's Canal, siliiattd in the (iulf of Georgia, a little north of Eraser's River ; a fact which adds force to the opinion expressed in the ISth paragraph of my Despatch No. 24.*' of the loth of June 1853, respecting the •ViJcpagc '■^iLi m ■'-■Nl' ) "■• ;■..-■ k IS Bhitisii coi.i'mbia. Rndomire. PAPERS RELATING TO BRITISH COLUMBIA. impression I entertained of the auriferous character of the country to the eastward of the (Jiilf of Georgia, as far north as Johnstone's Straits. 4. Your Lordship will not be surprised to learn that, under these circumstances, the cold excitement throughout this (Jolony, California, and Oregon continues unabated. :> Crowds of people arc coming in from all quarters. The American steamer " Commodore" arrived on the 13th instant from San Francisco with 4.'3() passengers, and the steamer " Panama " came in yesterday from the same port with 750 passengers, and other vessels arc reported to be on the way. 6 Two river steamers, the " Surprise" and "Sea Bird," both owned by American citizens, ply with passengers between this port and Frascr's River, the former ha\-ing made her way up that stream as far as Fort Hope, one hundred ten miles from the sea. The miners by that means reach their destination with safety and despatch. 7. The (juantity of gold collected by the Hudson's Hay Companj' up to the present time rather exceeds 10,000/. in value, and I saw during my recent excursion a large (juantity of gold among the miners. M. I herewith forward, for your information, a copy of the terms on which it is proposed to allow steam vessels to ply upon Fraser's River, enforcing at once the Revenue laws of the empire, and respecting the trading rights of the Hudson's Bay Company. 9. Those terms are not exclusive, but open to acceptance by any parties, under- takin" the performance of the proposed conditions. The ol)jcct of all those measures is to "ivc lacilitics to miners, and to secure the trade of the (lold Regions for our own conntn-, as it will otherwise take the direction of the Columbia Uiver into American Oregon. 1(). We have commenced levying the duty on mining licences, all parties entering the river by the licensed steam vessels being required to pay one month's licence in .advance. We have collected about 420/. ; a Revenue that I will hold subject to your Instructions. 11. When Fraser's River, now greatly swollen, subsides, and the miners gut fairly to work, I propose to appoint a Commissioner and Local Collectors for those dues, as soon as fit and proper ])crsons to fill those offices can be found. 12. .Mr. William A. G. Young, at present in Her Majesty's Service as Secretary for the Boundary Commission, is highly (jualitied in every respect for the office of Gold Connnissioner, and I should be glad to obtain your permission to secure the services of that gentleman. \:\. I have no doubt that your Lordship will send out a body of troops for the service of this Colony and the I''rascr's Uiver District. 1 4. The miners have applied to me for protection against the natives, and when that is accorded will have no hesitation in paying the licence duty ; otherwise it will be paid with reluctance. 1 5. They have also applied to me for negotiable orders in payment of gold delivered to Government agents in t!v" mines, and for tlic organization of a Postal System for the transmission of letters. 1(). Will you kindly give me Instructions on those subjects herein referred to? I have, 6ic. (Signed) JAMES DOUGLAS, The Right Hun. Lord Stanley, M.P., Governor. \c. &c. Kiiolosurc in No. 6. Enclosure in No. 5. I'lu' .\(n:Nr> of tlio IlinsuN's 13.\y Co.mi'.\ny ngrcc to license one or mcu-c Steamers to ply t'rnni Vietoriii to and on Fraser's River, on the following terin.s; — l.-t. — 'I'll rtceive a. 1 ; r.ui.pdil lui ^ouds to, on, nr from I'laser's Uiver except the goods ot the llodfon's Hay Cemiiany, (ir such as they may permit to l)e shipped; an or 40 feet Fort Hope to Fort Yale - S sj measurement. Return rates to be on the same scale, yd. — To carry no passengers to or on Frascr's River vvlio have not taken out a mining liccnc :ind liermit from the Governmeut of 'Vancouver's Island, and paid one month's advance thereon 3d.— To pn; seng( cettk he re Hnv 4ih.-Tliat i ,-th.-Tliat 1 the n Copt of DE.« (No. 29. My Loud, 1. Sin raent on the s in the rush of The Custoi which have ei sengcrs on 1 wi this place 2. The asc( Francisco, wit was 10,.'573, ai being taken u 3. Those way to Eraser represent the i ington and Oi Mons by land. River ha\-e ga tide of immigr 4. No comf withstanding t the laws of the 5. \Yc cont licence fee, tht purpose of goh 6. We have were issued bj the entrance ol respective min ufthc territorii 7. I have hr resided for son as exceedingly its better day's. 8. The retui River, six mil follows, viz. : - Onei val A sc( A thi 9. Tlie secoi y at the di •il miles above itm s for the service lumnv to ply from PAPERS RELATING TO BRITISH COLUMBIA. 19 3j,_To pny head-money to the Hudson's Bay Compnny, at tlio nito of two dollsirs for each pax- r-cnfjer proceeding into Friiscr's Hiver or tiikiiii; ])iis!iiii.'c fnim Fort Liinfjiey iipwiinltt. A fiettleinent to he made at tlie enil of cacli trip; an olficcr of tlu- Iliid-on's Hay ('(lUipaiiy to l)e received on board without eliarjie to attend to such business, if reiiuired by the Hudson's Iky Company. 4th. — Tiiat all vessels plying to or on the river hv commanded and ownccl hy British subjects. ;;(),. — That permits on said terms will be continued till expiry of the C'onipanyV licence of trade in the month of May 1S.)9. Vancouvt'r's Island, 18th June I8,j8. liiirnsii Com MiiiA. No. 6. Copy of DESPATCH from Governor Douolas to the Right Hon. Lord Stanlkv, M.l'. (No. 29.) My Loud, Victoria, Vancouver's Ishiiul, July 1, 18.58. (HeciMvcil Aii^'iist y, ih:,h.) (Answereil. No. 8. August 14, IH.iH, [lajxr 17.) 1, Since I had last the honour of addressing you on the 19th instant, the e.xcitt- raenton the subject of the Frascr's River Gold Mines has been more than ever exhibited in the rush of people from all parts of the coast to this Colony. The Custom-House books of this place show a return of — 19 steam ships, 9 sailing ditto, 14 decked boats, which have entered at the port of Victoria since the I9th of May last, having 6,\'M^ pas- sengers on board, all either bound directly for Frascr's Uiver, or proposing ti) settle at this place, with the view of entering into business connexions with parties at the mines. 2. The ascertained number of persons who had actually sailed from the port of Sun Francisco, with the intention of going into the Frascr's Hiver mines, up to the 15th instant, was 10,.573, and there was then no abatement in the demand for passages, every vessel being taken up as soon as advertised to sail for Vancouver's Island . 3. Those statements give a proximate idea of the number of persons ut and on the way to Eraser's River from California and other more distant countries, but do nut represent the increase of population derived from the Tnited States territories of Wash- ington and Oregon, through parties of adventurers who have entered the British Posses- sions by land. We are, therefore, led to the inference that this country and Frascr's River have gained an increase of 10,000 inhabitants within the last six weeks, and the tide of immigration continues to roll onward without any prospect of abatement 4. No complaints have been made as to the deportment of the emigrants, who, not- withstanding the weakness of the (^olonial Executive, have been (juiet and submissive tt) the laws of the country. 5. Wc continue successfidly to enforce at this place the pre-pay ment of one month's licence fee, that is, the sum of five dollars, on all persons entering Eraser's River for the purpose of gold mining, for which a receipt is given in the accompanying form. 6. We ha\c up to this day issued 2,221 such receipts at this place, and 304 more were issued by Captain Prevost, of Her Majesty's Shi]) " Satellite," when stationed olf the entrance of Eraser's River, making a total issue of 2,.52.5 licence receipts to as many respective miners ; and we have thereby collected the sum of 12,62.") dollars on account of the territorial Revenue, which I hold subject to your instructions. 7. I have lately received a communication from Mr. Travaillot, a gentleman who has resided for some months past in the Couteau Gold Diggings. He represents the country as exceedingly rich, and abounding in gold, fully to as great an extent as California in its better days. S. The returns given in his report refer to " Morman Bar," in the bed of Eraser's River, six miles above the junction of Thompson's River, and state the produce as follows, viz. : — \h, l.irs. One rocker yielded in 8 days a quantity of gold dust etjual in value to ------ - A second rocker yielded in 12 days .... A third rocker yielded in 5 days , . . . 9. The second table shows the yield procured from the " Dry Diggings,' Ipd at the distance of 3(J yards from the bed of Eraser's River, at the fj^ miles above the junction of Thompson's River, and gives the following an the average C 2 8.'W0 MOlfO 2 18 • on the table " Fountain," No. F.iii'losuri! 1. ;,> IS i f i I; 1i y: i K ■-i;-. t: .^ ^ f f* it 20 PAPERS RELATING TO BRITISH COLUMBIA. l)(j|lar« Cent!!. 42 • 12 ictur 1 per diem 5r) r)8 i» .'J7 69 )) 4(j .■58 r)4 51 my iH'iIiaps be necessary to explain, that the rocker is a machine for washing lade in tiie form of a ciiiid's cradle, and fitted with perforated plates of iron cut and lluiTiMi daily return of each of five rockers, employed there for seven days between the Island Com MiiiA. 7t(, of June instant : — 1st rocker 2d „ M „ Ith „ at I It m yold m transverse bars of wood to intercept the pieces of gold, in the process of washing. 'I'liose 'vftTred to in the foregoing statement were worked by two white men, which nlves a (lailv return ranging from 18 to 27 dollars to the man. Knciosiire -J. ' 1 (). Mr. 'iVavaillot's report is important, in consequence of its being the first authentic information received of gold being discovered in the soil, apart from the river beds. 11. I have thus nmch pleasure in communicating for your information tliat evciv succeeding report tends to confim the belief as to the great value and extent of thu auriferous deposits in this country. 12. I have appointed Mr. Travaillot Hevenne oftieer for the District of Fort Dallas, or Forks of Thompson's River, and will authorize hin; to issue licences to miners, and to collic't the legal lies in that District. The law must, however, be imperfectly executed until there be a military force placed at my disposal. i:?. I will authorize Mr. Travaillot to raise and maintain a force of eight men for the si'ruce ()i'(iovcrnment, and to swear in all persons who take out mining licences as special constables, for the maintenance of law and order, granting to them also certain privileges in respect to mining claims, in order to secure their fidelity and attachment. 11. About two thirds of the emigrants from California are supposed to be English and French; the other third are (iermans, and native citizens of the United States. "There is no congeniality of feeling among the emigrants, and provided there be no generally felt grievance to unite them in one common cause there will, in ni}' opinion, always be a great majority of the population ready to support the measures of Government. I have, &c. The Right Hon. Lord Stanley, M.P., (Signed) JAMES DOUGLAS, ike. &c. &c liovcrnor. Kiiclosiin- 1 ill No. (i. Enclosure 1 in Xo. G. For.M.s. No. Hcci'ivt'il iVom Miniiii; Ijiconcc, in adviiiiec. Victoria, 18."8. the Sinn of five dollars in payment of one monlli': Form. Xoi transferablo. N'". 183 . Tl\e hearer, liaviji^ ]iai(l to mo tlic sum ot' tucnty-nno .•^liilliniis, on account of the territorial lovenuc, I hcrvl'v liiH'M.-i' liim to^ diir, sfuch for, and remove trold on and from anv sucli Crown lands wiiliiu llic t'oiileau and FrasirV Kiver distrlrts as ,-Iiall bo a.-sigiicd to him for that purpose by any one duly aall\oi-ized in that bclialf. 'r\\\< bocnce to be in force for ibroc niontiis, ending and no longer. I{cecl\ed III ecivi'il Keceived Keuulations to be observed by tlu> pcusnng dl|:j,'lnf,' for gold, or otherwise cmpli.ycd at tlic Uobl Fields : — 1. This licence is to be carried on the person; to be produced whenever demanded by any eonunissiomr, j)eace oftieer, or other didy authorized person, en the 1 stand ar washinj,' out ,cs of iron and ashing, lite ni(.n, which ; first authentic ivcr beds, ion tiiat cvcvv 1 cxtcvit ()f tile Fort Dallas, or ( miners, and to rf'cctly executed ;ht men for tlic cences as s]!ccial lertiiin privileges ;nt. ) be English and States. There is no generally felt ion, always be a nment. UGLAS, Governor. 18,'8. lont of one monlli's PAPERS RELATING TO BRITISH COLUMBIA. 21 2, It is especially to be obscrvetl tlint tliis lieenco is not transferiible, atul that tlio lidld t tif iijiliyeil at llio demanded l>y any Iron.'forreil lieence i.s liable to tiie penalty for niisdeiufaiKir. 3. Xo nfniinj; will b(! iierniitted where it would be dt'struetive of ticcessBrv to maintain, and whicli shall be deterniined by any I'dinnii- around any i^tore as it may be nceessary to reserve for access tn it. 4. It is enjoined that all [jersons on the j^old fields maintain a Sundays. 3. Tiie extent of claim allowed to eacdi licensed miner is twelve feet sn^iare any line of mad wbidi it idiiur nor -.vitiiiii sii. li distaii •' lilOTIslI C(.iI.IMIII \. Cv' due and pr '[iir iili,-er\anee of a- 144 sure. Moxsi;ioxi:ru, CoN'FOU.vtKMF.NT a vos desirs j'ai I'honneur do vous cnvoyer ei-joint le net inoduil de (piehiues rockcars installes sur la Riviere Fraser. Ayant moi-memc |icsi' jour pour jour la pondre d'or retiree imr Ics nfnienrs, je puis vous donner ces renseignements conune iiariaitcment authentii|iU's, Vcuillez agreer, Gouverneur, I'expression de la haute consideration avec huinelle j'ai I'lionnenr d'etre I)e rot re Kxcellencc Le tres humble et devoue scr\ltenr, (Signe) (). TiiAVAir,i.(vr, ( '. L. ( '. r.M I liisurc 2 ill No. I'}, ^lorman Bar, Fraser's Kivcr, six milles an nord dcs Fonrclies Thom[i?on's River. Mois de Fevricr 1858 : Un roekonr a donne, en 8 jonrs, 830 dollars „ ,, Un second rockeur a donne, en 12 jours, 800 dollars. Mars 1858 : ' Un troisiemc rockeur n donne, en .') jours, 248 dollars. Tableau indicant jour par jo. r Ic prodnit de .") rockcurs ('tal)lis h la Fontaine, (U milles an nurd (les FourelKs : — 183 . .Iiiiii IS.OS 1 1 1st Rockeur. 2nd Uuckeur. ■ Ird llockcur. 4tli I!o>.'kuur. .*illi Itockt'ur. [ Dollars. 1 Dollars. Dollars. Dollars. Dollars. i 1 1 38 oO 42 40 .-,0 reven\ie. 1 hcrcl'V lands within tlio e bv any one duly 2 3 4 i 1 i 40 41 28 32 ■A (iO ;!8 29 18 •It- 29 33 64 .^1 .52 (i 7 64 til' u8 IS ■■,2 5.5 (it Tot anx - 295 ;i89 268 ,'!26 381 Avei'a^' ■ |iar juiif 42-12 ,"rr,s ;i7(i!)9 46 •.18 .■;4 4i Diiiis tons les travaux fails le mereure n'a jamais etc employe, ot consecjucmmcnt, vii rextienie liacs-e de la poudre d'or, nul doute (jti'iin sixieme on moins a etc perdu. if', k i C 3 II i ! mm .' '' V ii ^ :! t lis if: V I 1' ,1; i Ii Ii? ■ ■ 'I. !, It it;'; British COMMllIA. KncUnure. OI'Y O Mv I.OHl), PAPERS RELATING TO BRITISH COLUMBIA. No. 7. (' DMSPATCn from (lovcnior Douolas to tlic Ri<^ht Hon. Lord Stanley, M,P, Victoria, Vancouver's Island, July 20, lf carry those objects into effect I have appointed the following officers ; — Assistant Commissioners of Crown Lands. O. T. TravaiUot Richard Hicks Thomson's River. Eort Yale. George Perrier Justice of the Peace. District of Hill's Bar. be found to fill those Revenue Officer. William Henry Bevis - - Eort Langlcy. And others will bo appointed as soon as fit and trusty persons can offices -vith credit and respectability. 8. I propose to pay those officers out of the Revenue raised in this country. 9. With the exception of the aid received from Her Majesty's Ship "Satellite" operating on the sea coast, I have had no military force whatever to employ in the Ulterior of Eraser's Kiver, which is now occupied bv a population little short of 9,000 white miners, preparing to j 10. The c( physical force enforce the la' .\iinighty, enc duties. 11. 'lb sup] American stcn has succeeded from the disch 12. The ag( tools and prov prices, greatly 13. Notwitl not appear tha still inundated country, and n 14. I have a from Eraser's I half that qiian prising, as I be 15. We arc either from not how to remit oi I am considcrii: under Governii called for by t charge on the t 16. The adv tn draw the gol to other countr factiires. 17. .Another coniinunicatioii> inaccessible be_ and .south, whic trade. 18. To the c level, and the c fact, it is even ! 19. It is ther barrier, though iligious advanta the valley of Hi Frascr's Kiver, ; easy of access ; ; received from i I the present sum ^0. I am no Instructions res immigration is s circumstances of P«lled to assume hasty review of meet with the aj The Victoria nteresting infori The Right H( &c. \NI.EY, M.P, 26, I8r)8. ) uknce with iieiit of the indcd to my Government •aser's Uiver aovcrnmcnt, atfUite " was )efore stated, »y cvasi(ms of entered anJ of a month's julations. y control, for case product' ipholding the 1 the Eraser's Her Majesty's 1 their natural jects we wish used the grant ?»Ir. Secretary ttry 185H, and CSS evils that inds, or the ludson's Bay d, the charge of ri\er bar or derived from ,-orking (juartz Crown, ers : — id to till those itry. p " Satellite employ in the short of 9,000 PAPERS RFXATING TO BRITISH COLUMBIA. 3» white miners, and luindrcds of other persons arc travelling towards the Gold Mines, and preparing to join them. 10. Tlie country, nevertheless, continues quiet; and, notwithstanding our want ot physical force, I have not scrupled in all cases to assert the rights of the Crown, and to enforce the laws of the land for the punishment of offences ; and we hav, thanks to the Almighty, encountered neither resistance nor opposition in the disdiarge of those sacred duties. 11. To supply the mining population of Eraser's River with food, we have licensed two American steam vessels to ply upon the waters of l-'rascr's River, and one of those vessels has succeeded in reaching the Falls, or Fort Yale, about one hundred and thirty miles from the discharge of the Fraser into the Gidf of Georgia. 12. The agents of the Hudson's Bay Company have laid in large ijuanlities of minmg tools and provisions for the use of the miners, whii li they supply at merely remunerative prices, greatly to the advantage and satisfaction of the mining population. 13. Notwithstanding the great number of people assembled in FYiser's Hiver, it does not appear that there has been a large production of gold, as most of the river bars arc still inundated : nevertheless the miners have unwavering liiith in the richness of the CDnntry, and are in great spirits in anticipation of an early fall in the river. 14. I have accounts of 5,000 ounces of gold dust which have been actually exported from I'raser's River since the month of May last, and we lia\e estimated tluit as nuich as lialf that quantity lias been carried away in small (|n.'mtities by return miners, com- prising, as I believe, the whole export of gold dust for that period. 15. We are therefore led to believe tliat the miners are hoarding up their gold dust, either from not being in innnediatc want of supplies, or more probal)ly from not kne)wing liow to remit or where to place it in sccui ity, and for that reason, among many others, lam considering the ways and means of having their earnings conveyed to the sea coast under Government escort, and placing them in charge of a public treasurer, until they are called for by the depositors, the conveyance and other expenses to be defrayed by a charge on the deposits. 16. The advantages expected from that measure are manifold. W'c hope, for instance, to draw the gold by that means to this Colony, from whence, instead of i)eing exported to other countries, it will find its way to England in return for our own home manu- factures. 17. .Another imi ortaiit object I have in view is the improvement of the internal communications of the country, which at present arc, for all practical purposes, nearly inaccessible beyond Fort Yale, in conseiiuence of a range of mountains running north and south, which there interpose an almost insurmountable barrier to the progress of trade. 18. To the eastward of that range of mountains the country is open, and comparatively level, and the construction of good roads would be a matter of easy accomplishment ; in fact, it is even at present almost every where accessible for pack horses. 19. It is therefore evident that the construction of a good road through that mountain barrier, though passable in the first instance only for pack horses, would be of pro- digious advantage to the country ; and such a road might, I think, be carried through the valley of Harrison's Uiver, at a moderate expense, to a point near the Great I''alls of Eraser's River, to the eastward of the mountains in question, from whence the country is easy of access ; and should no Instructions militating with that design be in the meantime received from Her Majesty's Government, I will probably make the attemj)t in course of the present summer. 2(1. 1 am not without cause looking forward most anxiously to receiving your Instructions respecting the plan of Government for F^raser's River. I'hc torrent of immigration is setting in with impetuous force, and to keep pace with the extraordinary circumstances of the times, and to maintain the authority of the laws, 1 have been com- pelled to assume an uimsual amount of responsibility. I trust, however, from the present hasty review of the reasons which have iinluenced my public measures, that they will meet with the approval of Her Majesty's Government. The Victoria Gazette of the 24th instant, which 1 herewith tiansmit, wdl give much nteresting information respecting the Gold Mines and other public matters. I have, &c. (Signed) JAMES DOUGLA.S, The Right Hon. Lord Stanley, M.P., Governor. &c. &c. C. 4 BniTnH CoiiMmA. H;i II sr; >t>l m i 'i 1-1 21 I'AI'KKS KKLATING TO BRITISH COLUMBIA. •',:■; I? i..r. '*! i ■; ;!;'t «;ii ('lil.l MI'.IA, Kiielosui'c 1 in No. 7. (oi'V (if liKTTKn from (iovcrnor DoidLAS to Jamks C. PnEvosr, Ksqiiire, Cnptnia II.M,.S. '• .Siitclliti'," iliitid Victoriii, Vnncoiivcr's Inliind, 15tli Miiy 1858. Siu, I TiiANsMrr iKMTwitli, f.i" your inforniiition, coiiy of a Proclaiiintion lately is.^ucil, in imi,.,. (|iHiicc of ri'iHirtcil violiition.'* of tlic Uritisli territory by foroif;n lioats iinil vci'scl.-', iind of infrinp. iiK'iil^ of tin- cliartcrcil rigiils of tlic H.ulr'onV Hay Company, warning all pcrsonB that siidi arts arc rontrary to law, and tliat whiMot'Vcr takes part in them will be subjected to the penalties which tli, hiw ilcnnnnce-- agai'ist .ineh od'ence.". No military force being maintaiiud by thi.- Colony, I urn under the necessity of calling upon you t,, fnrni:-li an elUrtlve force for the purpose of carrying out the nicasiu'es proposed and set forth in mv I'roelimiMtioM, and generally to enforce obedience to the law.''. I liavc! alii to iulorin yon that 1 [iropose leaving this Colony for ii -short time, on nn excursion to the Kail-' of Kra-ir'ri Hiver, for the ]iur))i)so of infjuiring into the state of the country, and a.-^eertainini' as far as can be effected from i)cr^'oiial observation, the character of the navigation to that jioint, subject- in respect to whii'h Her Majesty's (iovermnent are especially desirous to obtain inforniation; and I think it desirabh' that you should accompany me on that journey, and that the " Satellite" choMld proceed at the same tinie to Point Roberts, as an imposing display of force at that point will have a powerful moral eH'eet, and prevent much future evil. I have, &c. (Signed) .Fames Doior.As, (iovcrnor. Coi'V of a Letteh from .Fames C. Prevost, Ksquire, Cajitain H.M.S. " Satellite," to Govemor DoUGi.AH, dated Esquimalt, ISth May 1858. I HAVE the honour to acknowledge the receii)t of yimr Excellency's Despatch of the Ijih Sll!, instant, transmitting for niv information a copy of a Proclamation lately issued, in con; ted viiilatiiins of Itritish territory by foreign boats and ve.-sels, and requesting, as tl military force maintained by this C'pointed military force in support of his authority, as the Enti:!i fiuiilicr is now vinlated by American vessels in the most open manner. 1 have, therefore, in the liueen's name, to request thai a detachment, sufficiently strong t^i nwin- ImIm, it' reiiiiisite, by force of arms, the authority of the laws, may be furnished from Her Majett;'- .;-'.iip " Satellite. " now under your command, ami directed to proceed without delay to Fort Langley in tow of the Hudson's Bay Company's propeller " Otter." PAPERS RELATING TO HRITISII COLUMBIA. 26 te," to Governor I al-i) licnwiili Iransinit, for your inforiuiitiim, cii|iy nt' n l'i':»|>iit('li wliidi I iidilnv'-i'il In Uf;ir- liitiTWH Vdiuinil lliiviics on the 12lli ol' May la.-l, uliicli will liiillu'r ixplaiii tiic ludt'iMs wliii li liavi' iiuimxil ^'"■' ■«'"»• iiic t ni;ikc' llii^ R'i|iii^iliiiii 1)0 voii I havi". iVc. (Sifjncd) .1 \Mis Doi'ci.AS, ( iovi'riior. Corv (li'Linrr.i! iVom .Famk* C. Pukvost, Ksquirp, Cajitaiii II. M.S. '• SiiitUitc." to (lovcninr DoldL.vs, (latfil I'uiiit Uolwrts. tM May \KM. Sill. I iivvK tlio lidiunir to acknDwlcd;^!' tin' r(('fi|it oi' ycmi' MxccUi'iicy s I)cs])al<'li. ilatid l!oil-on% li:iv (.'oiiipanv '.•« .stt'aiiui' '■ Dttcr," oti' Point Hoticil- 'Jl-t May iH.'iS, ;ici|oaiiitiii^ nii- nl' ymir iii- Ifiiliiiu to a|i|ioiiit a ciilU'ctor of Customs for tlic ilislrii't of Krascr's Kivci-, and r('<|iic.-lin:;' tiail a ,lilu('li»iL'iit, sullioiL'iitly stron;; to maintain, if rciinisitc. Uy fona' of anus tiii' autlmiity of llic laws, iiiav lie faraislicd fnan llir Maji'sty's siiip " .Satullitc," tn suppiirt tin: colU'ctnr in tlic ('.\t■^•i^c nf liis i.lhcc, in tlif Untisii Ironlier is now violated liy forcii.'n vessels in tiie most open manner. 2. In ri'|ily thereto I liave to ae(|unint yon. tiiat 1 purpose to take my Lri<; with me on our ,\fur.-iiin up Praser's Kivcr, and I iiave now ordered tiu^ launch of the "Satellite," with lur crew, ;iiiil 11 ili'laehuient of marines eonsistiuf; of one non-eonnoissioneil oilicer and four ]irivales, to lie ready io!ici'iiiii|iany us as i'ar as Fort Ijiiufjley. The launch will he in the charj;e of Lieutenant ( iooch nf ilic "Satellite," and he will he instructed to pay due atleution to any ric|nisitions the enlleetor of (ii-tiiins may make to him. ;l. I trust that the presence of this lioal in the river will have the desireil eflfcct ot' ]ircscrsinL.' onlrr, iiiid liiiit there will be no necessity to rei[uirc her to have ricourse to active mcasui'c- for llie enfiirer incut of the law. 4. As I have already explained to yonr I''s(,'elleney in my I)espatch of the ISlh in :;int, the ■• Satellite " has special duties to perl'orm, and as lor the cxci'ulion of those duties. 1 am ncces^i'.aled 1,1 return in the eom-se tif a l'ortnii;ht to Vancouver's li-land, I ^hall he ohligcd to withdraw the laonch Iriiiii Eraser's IJiver upon the dejiarture of the ship fr einplnycd. arc "lit lik.ly to he called into ref|uisition until about the Vc. (Sli^licd) JaMKo Dol (ILAK. (jitvcrnur, Vuncouvcr'H Isliunl, Cdi'V (pf 11 licttcr tViiiii .(amk- (". i'i!i;vo«T, K»(|iiirc, Cnptiiin 11. M.S. " Siitcllitc," to Uovcrtu l)(p| (;i.As, diiiiil l',-i|iiiiiiidl. Viincipiivi'i-'.s Ir^liind. lltli June I.Sj.S. Siu, I IIAVK till' liiiliiiiii' \i) iickiKuvlcdjic the receipt fif y(p|ir iixeelleiieyV letter (if lliis duic, ami in reply tlier/to Ix'';' Ic inl'ipnn yon limt I ^liiill lie ready 1" pi'deeed td-iiKirrow niornin;: with ||,.; .Ma)e-ly'-( ^liip under my e(iininiiiid t« tiie entrance ol' Fra.ser'.-< Kiver: hut liel'ore ipiittiii^' t|,;. ane'li(iri'i;;'o in the slii|i, and liulore detaeliinL,' the liiiineh to Fiirt Lanj^ley, I am anxious dl-iiia'tly i, iindei>t;ind voiir I'-xeelleney's wisiie,-', and to he in Mieii a po^-itioii as to iircvent as (iir as |Jo^^ilJl|.■|,||, ille;j;:dity of' action on liie part of tho-e under my eommand, I l)e reipiest your Kxeelleiiey will he pleased to inform me whether you are (U'sirouH that, wliilo'tU " Satellite" is Ivinjj; olf the I'litraiiee of Eraser's Uivei, 1 Hlionld eiuiso f'oreifjn lioits and vessels to l» prevented IVoni proeeedin;,' up the river, unless jirovided with a sullerance from the C'nstoiii Hmi.e at Viirtoria; and in siieii eii.-e I wciuld reipiest you would furnish mu with the reipiisite autlinrity In: i-o doinir, so tiiat I could act under it .-hoiild eirenmstanoes render sueli a course advisahle. I liav. also to reipiest \oiir Kxeelleney will supjily nie with a c lici'iiee from tin' agent of the Hudson s I'ay Com|iuny. Canoes with miners, having only their mining tools, provisions, and necessary personal Inigli^j.'' • all being |iersonal |iroperty, and not for pi.rposes of trade, may be furnished with a pass ami ;i licence receipt, obtainabh; at Fort Langley, iijion the payment of the sum of five dollars fur cai'L tif those docmneiits. I attach hereto copies of the forms of pass and licence receijit, and it would be a great beiicfii to Her Majesty's Service if you woiilil be good enough to ajipoint some officer on hoi'iil tlif •• Siileiiiie" to issue such documents in ease of need, and to collect the sums due upon ihein. An allowance of live per cent, ln'ing granted by the (iovcrnment in compensation for thi^ troiiiilc of w a clear acco-mt of the passes and licences issued, and of the imrai} doing, and received. lor Inrnisliin^j Foil.M OF Pa88. 1 have, (fcc. (Signed) James Douglas. 1858. The bearer of this ^ is permitted to pass up Fraser's River in liaving the undermentioned provisions iuid tools on board, iJl declared to be personal property s for [icrsonal use (..Seal.) (Signature.) PAPKRS KELATINCi TO MUITlSll COM'MUIA. 27 Corv iif liKTTF.ii IVdiii ( liivcniipf l)(ii<.r,\i in l!(!irAilin'in\l IIa^m..., ('uiiiniiiiilrr-iii Cliiri' nf lliiiTi!>n Ilcr Miic'^tv",- l'nrc<-i in llu> r,ii'ilic. ilnird ll'ili M:i\ IHiM ('ni.i miiia. Sir I ilAVK to iinkniwliMltfc the rccfipt of yi)iir Di'simtcli iil' tlw liTtli ol'.Iiuumry lii-'t. iiitiinniii!,' o' vour a|i|i"intmciit ii.t CiiiiimniKlcr-iii-l'liii'r of llir ^llljl>lyV Niiviil l''(Pi('(':< in ili ■ I'lirilii', unil I reciivi'd wltii niiicli pit'iiHuri' tlu' iisHnriincc of your niidinci's unci dc.-'irc In ultcnil In tln' ^u;.'L,'' •tii'ii" I nuy t'riiiii lii'i'' '" ''""' ''"^'' '•' 'I'l'kc in I'urllu riiinc ol' ilir (^lucn'!' Sirvicc. lliiivi' vi'ry lately a(ltlri'«'<('(l ii conununii'iilion to tlic l{i;;lit Ilnnonriilili' S 'cii'liry (nr llir ('.>limii'!4, liri'i'liiii' lii- iittcntion to ilip pioiligious cniijinition of United St;ile-' eitizin-, inwi otiier lore! .'iieri', mm (';iliforni:i and Oregrjii, in ooiisdcinencc of tlii' discovery of f,'old on Kni-ei- lliver within tlie jiriti^li I'o'isc-r'ionc on this eoiiM. • • » » • To lirt'venl the pntninee of those |ieo]il(! into the liiitish tcrritiny U, |ierh!i|iH, idto.'elher iiii]io--^llih' willi iiiiv loree tliiil I'oidd he collected within ii reii'toinihle time; hnl what may hi' ea-ily a innili.-ln'(l ij—tii iniiintain the imthorily of tlie ( ioverninent, to |H'e;*ervo the |ii,'aee, to |)Mni:-h otliiiee-, anil to ,nl'or«' "hedience to the laws, until Hit Majesty s (lovei-nnieiM are in a |iosition |o take nioje ihrided 4ipii fer adniini-terinf5 the (.ioverninent of the eoniilry. I tlu'i'i'fore take the lihcrty of making,' apjilieation to you for ii ^iillieieiit iniee lo .'lid ami a^-i-t in •nwintiiininf; the Queen's uiithority, until further Iti-(ruetions lU'e received frniu lln;.'! lud. The " Satellite " and " l'liiiu|)er" an' lioth at prc-ent eni|doyed on this part cif the l, lir.t lieiu.' ,in !iiicciiil service I do not feel at lilierly to tax th<'ui too severely for iissistanee, tlioufxh I am I'ou- vinouil that hoth Captains Prevost and Uicharils will afV.ird nie every a-" istanc • in tleir power, hu' their means are limite!*istanee. 5. The affairs of Government might be carried on smoothly with even a single c'ln- pany of infantrv ; but at present 1 must, under Providence, depend in ti gretit measure on D 2 N". S. Kiii'lniiiiro. ■Vi Sf'! 1^ ' > ; t i •A •■ ! ■ 2M I'AI'KIIS IH;LATIN(J to HKITISII COLI'MniA. a position iiin)n>i.s|iiit witli tlic 'limiity of the niiiTiMi pcr^ruiiil iiidiicnrc and iniiim>,'{'in( iit (oiiMiilA. l^iiicll's (icurinnu'llt. (i. I tlitrclorc tr(i>t tliit yitii will lake our cumc intu CDiisidciatioii, and iliicct ,u,.|, ri'inli)riTiiirntH to l)C si'iit to tlii-' iiniiitrv us Ilcr Majcity'^ (lovcniiiiint may (knu nt'Cfssarv. ". Mv opinion of'tlio value and cxfrnt of the (ioid Uc>,'ion lias nndciKonf mt clmnp. I'oi' llif Koi-c >inci' 1 addressed vou on the Itlfli of June last, and there is jvery pni^iMxt, under proper nuuui.nciuenl. lliat'tlie eountrv will proiluee a larf,'<' revenue liir the ('nmii. s. W'c have eonuneneed the work of nnproviuj? the internal ednnuunieatioiis of il^. • si'v |iaK» w. country, uh reCerrfd to in the 17th iiarafrnijih of my Despatch* \o. ;U. of the 'iGth of .lulv last, a party of .'idO men lieinj; now enpif,'cd in openini,' a road into I'ppcr Tranr's River by thi' valley of Harrison's Hi-'r. <). A stern wheel steam-vessel is now running to the upper extremity of Hiiirisun; Lake, iidui whence we have commenced euttinif a road througli the f()rest on the Idt hank of Harrison's Uiver and Lillonet l.akc to comiect Anderson's with Harrison's I,akf, tile total distance lietween those two points heing ai)out HO miles of land carrintie over a generally le\el country. 10. 'I'lie men empiiryed in that important entcrnrise are gold miners, cdiiiposcd oi niiiiiy nations, liritish suhjects, Americans, French, (lermans, Danes, Africans, ami Chinese, who volunteered tiieir services immediately on our wish to open a praetienhle route into the interior of the Fraser's llivcr District being made known to the piililii. 'I'liev, moreover, profi'ercd their services on terujs so peculiar in themselves, ami >o advantageous fia- the country, that it would have been imwisc of me to decline tlnin. Kach mall, (iir all orders into effect, reports to the Commander of the corps, and draws upon tin (.'ommissary for the weekly supplies of food. An Kngineer, with guides and Indians acquainted with the country, blazes flic tree?, and marks out the road, in advance of the main body. )•_'. 1 have lately received the most cheering accounts of the progress of the party, who were working assiduously, and had then cut through about UJ miles froiii the torn- niencemcnt of the road on Harrison's Lake, and will, 1 trust, carry it through with the same degree of spirit as they now exhibit. i;5 The accompanying Map* of the country will more clearly show the direction of Appendix I the road, and its connexion with Eraser's llivcr beyond the coast range of mountains. II. That route will be of the greatest advantage to the country, and, ^vhen opciud, will fitrin the commercial highway into the interior districts, there iieing little probability of the cxisfi'nce of any other practicable route from the sea coast. 1.'). A direct route from the bead of .larvis's Inlet (see Map) to the Lillooet laki- i< supjiosed to exist, and wilt be explored as soon as the mass of business now on my bands, is disposed of. I have, &.'c.. The Right Honourable Lord Stanley, M.l' , (Signed) JAMES D(jr(iLAS, \'c. \'C. (ioveriior. Encliistirc in No. B. SlK. Enclosure ia No. 8. "GanfTcs," at Callao, .luiic 2S. 1S58, I iiAvr. tiic lionoiir of acknowlodf^inr; tlie receipt of your Excellency's letter, da'cil tiie 12tli (if ^lay last, res|»('tiiii; the eniip-atioii into Her Majesty's Possessions on the noitli-wcst euast ot Aiii'Tiea (if I'niteil States eilizens and otlier foreij;iiers from Caliliirnia and Origoii, in i'(in-0(|nciK (if the discovery of piid on Fiaser's Kiver, a copy of wliieh J forwarded to tiie Lords Cdiaiuissiiiner.- t)f the .vdiuiralty. 1 have, &c. His Kxeel'eiiey (Signed) K. CamC. 15avm;s. . I ami's noiinlas. Esquire. licar- Admiral and Coinnianderin-Cliicl. Governor of Vancouver's l!i(in'< ivc'st oil the left Iliirrisoirs l.jikt, I fiiriiii^v over a f divi(ic? the hind hoiiiidarv, tor an ofjieer and ten men, and (iir an etiuid flnve re^peetivelv ,,ii Ciiptiiin I'revost of ller Afajesty's ship " Satellite" and Captiiiii MoiiticMir of Her Majesty's ship " Calypso," so as to loriii a force of Xi otlieer- and men to pnieccd with :c to the scene of tlie disaster. 2. Tliiit alarmiiif;' report has since lieeii eontradicted in a Desiiatcli liom .Mr. Ilieks, lit .Miijesty's Siih-C'ommissioiier of Crown lands for the District of Fort Vale, wiio ii:c that two men only were killed by the Indians, instead c/f tlu' laru'er niimlier | •tate- Moiislv repor a Mil ted. I nil nevertheless pre|)ariiij; lor an I'.xciiision to F a>er i{ ne- i\ir, will" ill military force of IJ.'i men, eomiiosed of 1,'j Sappi'rs and .Miners fiiriii^hetl liy .Major liiiukiiis, i.nd Lieutenant Jones with '20 Marines, kiiidlv furnished ity ('ai)tain I'revost of IKr .Maje>ty's Ship " Siitcllitc." ;i, .Miijor ilawkiiis has decided on arcimipanyintf me to Frnser's River, and will amimaml the military force. I, The ohjeet I have in view by iiiidertakin;j; that journey is the cnlbrcement of such laws as may lii' found necessary for the mainienance of peace and good order among the liiotley population of foreigners now assembled in Fraser's Uiver, and also ])iactically to ;i>scrt the rights of the Crown, by infrodiieing the levying of a lieeiici' duty on persons iliifiiing for gold, in order to raise a riveiuic fiir the defence and protection of tlu' country. ,"). The military force is absurdly small tor such an occasion, but I shall use I'very ixcrtidii in my power to aceonipli>li tlu' great object in view, and to assert the rights of my country, in liojies that early measures will he taken by Iler Majesty's (lovernmeiit toicliew' the country from its presi'iit perilous state. 1 transmit for your information the recjuisition I made on Captain Montresor, and his reply thereto. The Hight lion. Lord Stanley, M.P. I iiave, \c, \-c. I &c. (.Signed) .JAMKS DOL'CiLAS, &c. Go\'ernor. Enclosure 1 in No. I». KlU'Insiiri' 1. biii-liiMirc '2. Victoria, VaiiCDiiver's Islaiitl, Au^ll^t '^4, IhlH. [xrr.M.KiF.Nrr, has just iiren received here of an alarming eollision bi'tvveea while millers and the iiiitive liuliau Trilies ol' Fraser's Uiver. \ ran^uiiiai'v war of races, the inevitable eonseciiienee of a proloiigei! slate of iiiiMuli', may ]iliaij;e the (iovenimeiit into the most serious ditiieiilties, unless steps l)e imnieiliately taken to avcit llii' evil. I tliei'cr(a'c propose to visit that country as soon as the necc-sai'y arran:.,'ements eaii he cumplcti'il. \ inililiii-y I'on'e i i essentially necessary oil that oeeasioii. to rrprescnt aial sustain tlic dignity of ;li, Qiiedi's (Joveniiiieiit ; anil i make this appeal to you, sir, in ller -Majesiy's name, llir a detiieh- iiiciit iif (iiiu ollieer and ten luariiies from ller Majesty's sliiji "Calypso," to lie placed at my dispii,--al liji- that serviix'. Kni'ldMin' I ill Nu.'.i Caiitiiiii M(aitri'S(ir. E.\., ii.'Sl. Ship "Caly|iso," Kifqnimalt. I have, &<:. (Signed) .I.VMKS Dolul.AS, CJ'ivenmr. m l^ >, .lunc L'S. 1SJ8. ttor, daied the 12ih lortli-wcst enast "t ;on, in e(iiisc<|uciKO ords Cniainissiimer: unaiuIer-iii-Cliitl'. Eacloaiirc 2 in No. 9. SlK, llcr Majesty's Ship • Calypso," Ks(|uimaU, VaneonvcrV Island, August 24, 185!S. I\ reply to the reiinisition I li.ad the honour to receiver from your Mxcelleney this alteinmn, llicfr leave to slate that my orders t'rom the ('(aiimander-iii-Chief jrivo me no disererMaaoy pmvei-, ;i< III proluajriiig my stay at Vaneuuver, and that, owing to the ■•.Satellite" not haviiiL;' ;r.riMd :il K-iliiiaialt fur some days afli'r the '• Calypso," 1 have already exceeded the .-tay 1 originally intiinhd III make. Iniler these circumstances, I deem it my duty to [iroceed to sea to-morrow ninrniiiL.'' I have, !ij»ever, consulted Captain I'revost as to the nniiiher of marines that can be spared I'rum the D 3 !]nfltf.iirc 2 in N.J, '.I. 30 PAPERS RELATING TO BRITISH COLUMBIA. IliMTiRii " Siitcllitr," iiml iiiivc icci.iiiiMciKlrd tliat !in iillicfv and 20 men slioulil l)p ])liicc(l at your (li,-|io.|il. CoLi'MiiiA inid I have no dmil'l tliiit (u lii^ if^'ivuif: :i .-imiliir rci|iii>itiiin to llmt Inrwiirdod tn, mo (.'ui,!;,;,! I'revo-l will cdnHidcr it iiis duty to net us 1 haw iidvisod. 1 1)11 VI', &c. llif Rxcclioncy .liimcs l)oui,'l;i^, V,^t[.. i^>ii"c^) V- ^ MoNTliKsou, Govdnior, "ViiMCdUVcr's Islnnd, CajitiiiM Hit Majesty's Shii, «;c. &c. iS:c. "Calypso," and Konior ottioir present at Vancouver's Island, I-",rulnsiivt' Kiiclosiirt- ('(inliiii'">ii No. 10. Coi'v oi' DMSl'A'l" I' liom (iovernor Douglas to the Right Hon. Sir E. B. Lvtton Bart. (X'). '.V/.) Victoria, Vaiicouvcr's Island, August ;U), 1858, (Keepivi'il Octclicv II, \H.;».) Silt, (An^wcrcil. OetoluM- 14, 1S,')8. piiLT (ST.) 1. I iimiKwirii Iraiismi*, Ibr the information of Iler Majesty's (ioveniuicnt, ropv of ■^:__ tlie Instrue'ioHs issued to tiie Assistant Gohl Commissioner to be employed in. Eraser's ''• River, mid also a i'r(;el;iin:ition issued on tlie 2r)tii instant, establisliiiig Ihirbour Ui'gulii- lions, and l()r the regulalion of boats and other small eraft employed on the coasts ei' WmecaiverV Island, wiiieh I trust may meet with the approval of Her Miijesty's (.government. I have, &e. The Right Hon. Sir E. B. Lytton, Bart. (Signed) JAMES DOUGLAS, &c. &c. \'e. (jovcnior. Ericlo8ur(' 1 in No. 10. Enclo.surc 1 in No. 10. I.NSTRUCTIONS TO ASSISTANT GoLlI COMMISSIONERS. 1. Yiiu will on the fir.^t and I'oUowinc; days of each month commence issuing licences in your district, receiving; payment for the same in money or gold dust. You will commence at the portiuii of'tlu'diL'gings which is most convenient, marking out at the time of giving the licence the bounJaiiw ol' each party, on the I'ollowing scale, namely : On every river, twenty-live feet frontage to each person lieensed. On every creek and ravini>. twenty-five feet to either side of the stream or ravine to each iierson licensed. Oil table land oi- river Hals, constituting dry diggings, twenty feet srpiarc to each iicrsori licensed. Tlinsc allotments are to he marked oonsecntively, where ]iraetieal)le; and you will enter in a book, in the form annexed ( H. ). the descri])tions of the localities ;dlotted, with the names of the p:lrti(.'^ ■^'ou will a])i)end to such hook a rough chart of the ground, giving names, for the convenience of reference, to tli<' more proinin(!nt portions of the ground. 2. You will lie rurnished with blank licences; and rerpiisitions are to be made hy you on tl.f Colonial Storekccpei' fir such I'nrtber licences as may be necessary, care being taken that yoi;r demand is ukk' suffi('icntly early to enable that ollicer to forward them to you by the time they an reipiired. Y".. ',vill (ill up and deliver the licences to the jiartics at the Gold Field.s, entering their names, and 'jcei '>ig the prescribed fees ; and you will n';:ke half-monthly iiaymeuts direct to tin territorial Treasure in of the amount collected hy you for licences, accompanied by statements in dujilieate of the ])artieulars. Yon will also make a return to me of the nuniher el licences i-iiuie .-lionld he ;,'iv,'li to (ho care ul' the .-erjeaiit of vour piirtv. You will tuke eare that the liai-rai'k> or tents are not iit any time let't without u ^ulhelelU iuiinl. mill you will keej) a sentry on tlie Lrroiiiiil at ail times, day and nit;ht. ti. You will ■•settle ail di.i|mte.s hetween lieen.ii . oM Mill I. vine to each iicrsoii irc to each pcrspii Por.ICE IJlCtiLLATIONS. Your ]'"slahlisliment will consist of si.x men ; namely, a Serjeant at duo dollar and a half, and the Miiuimler at one dollar per diem each, with rations (two shillings) and with clothing'. You will hoh' i.'ourts of Petty .Sessions at the place near to your head ipiarters, whieli may be ]iioclaiiiied for that jiurpose on such days as shall be most c inveiiieiit. giving snilicient publicity to the same. You will carry out the general Pidice business of yonr district, taking especial care that drinking and gunihling, and other (lisord(:rs, arc as mneh as possible put down. The scrjeant of your [larty will al>„ act as chief constable, and his duties will be those oidiiiarily belonging to sneli oifiecrs. You will furnish me, monthly, with an account of the numlier of days (,n which Courts of Petty Sessions are held, and of the nnmber of cases, and their result, distinguishing their severid fhariicters. You will have the [lower of dish.lssing any of yonr party for drunkenness or other misconduct, leiwrtiiig to me the circumstances. Fort Langlcy, July 13, 18.58. h s of vour Kstiililisli- Genekal 1{f.(;llations fou Gold Distuk t. 1. With reference to the Proclamation of his Excellency the Guvernor, beari,ig date th.; 2Mii day iif Doceiiiber last, and to the notice from this office of the 3()lli of the saiir,: month, liis K.xcelleiicy 'llrei'ts it to be notifieil that the licences issued in accordance therewith, to vitli (pmrtz or any other rock remaining in its original bed or situation. i. Previously to the W(U'king of any such matrix gold, notice must lie givei. '■) and a wiliten lierinisiion obtained from the Cominis.-ioner of the Gold Ui.-'riet, who will re(|niro such security and wkc such arrangements for the protection of the public interests as he may deem necessary. If the parties concerned fai. to give the reiiuired notice or security, or to oliserve the conditions ;'rtsorihed by that officer, all such matrix gold, and also all alluvial gold of every kind proi'iirccj »itliout due auth(n'ity, will be seized as the projierty of the Crown, in whose possession soever it aay be found, and the persons otteiiding will render themselves liable to be prosecuted for the jiiencc. 3. Pei'soas desirous of working auriferous ([uurtz veins may make ajiplicalion in writing to the Cemmlssioncr of the Gold District, accurately describing the 'oeality. Such application shall be D 4 3'-' PAPERS RELATING TO BRITISH COLUiMBIA. CoHMIllA. lie (i[iiMi a; iiiiiiKMli.itc'ly ivcorih'il l.y ^ii'li (iHicci- in !i book to he kept fur tliut i.iiq)08e, wliicli s^liul ill) iv;i.-(iii!iMc limes Hir"tlio in-^ju'ction ol' apiilicnnts. In lii.-i' nil iircviiius iiiiipliciiliiiii .~liiill liii\c Ik'^ii iiiiicic !is almvc directed. Mnilflioiilii more m. ni valid ohjectioii to tlie, proiiosil, the ('(Hiimis/ioiicr sliiiU iiotiiV to tlie iipidicant liis aceeptaneo of th, same, ''l"li(^ aiiplicaiit shall then enter into a hond, binding himself and two or more Hiilheient si.rctio. to tlie sati-factiun of the rioverinnent, jointly and severally in th(! snni of two thousand ]i(iun(]s, to |iav a rovalty of ten per cent, on all !,'old obtained ironi any part of the land within the lii'iits of l,i< elaii'ii. to an otheer to be api>ointcd lor that pnrpose by the (ioverinnent. That rate will be coinimud on llii^ aelual prodnee, valued at "./. 4s. per oz., if proeureil by separation only, and pe,. (J/, if bv amalLTamalion. He sl.all fiirlher be bound to pennit such oliicer to reside on the land in the neij:libourlioi)il of ilii. vvoik^, al such spol a • may be as>igned by the Connnissioner, and rdso to fjivc such otheer access at all reasonable times luthc buildinj:s or ))reuiises, and to idl books and accounts connected with the pru- (hiction of i^'old, also to ^'ivc all necessary facilities for the collection of the royalty, daily or wceklv, as niav be found most dedirable. k All buildiu^rs niaehiuery, or other iMipioveuients erected or niatle on the land shall be consider,,! ■M additional security for the'dne [)erforniauee of the conditions of the b(jnd. 5. The above claim shall consist of half a mile of and in the course of the vein, with filly yiml- reserved on each side of such vein for building' and other puriioses. The ri;;ht of cultinj; and using timber for building pur|ioses or for fire-wood from adjiieciit ('mwn lands, as well as access to neighbouring water, shall also be conceded. The duration of the claim .sliall be three years, which shall, however, be extended for such furllin- iieriod as upon receipt of instructions from Her Majesty's (iovei'ument may be detei-miueil u|iiii!, having due regard to the interests of the party concerned. At th.' expiration of the term of tlicir holdin<', or on the tcrmiuation of their tenure sooner, by cousoit of llie Governmer.t, the parties >lia!l have liberlv to removes all buildings, machinery, or other improvements erected or made by tliein, iiml a rea>ouable time shall b(! allowed for that pur[iose ; jirovidej always, that the conditions of the Ijeiul shall have been duly fullillcd. (!. A claim such as above .--hall be forfeited, — by the failure ol' the applicant to enter within a reasonable period into the reipiircd bond; by his neglecting to pay the prescribed royally at tli, time and in the manner recpiired by the bond ; by his not employii'g at least twenty ]iersoiis on siuli claim within six months of the acceptance of his ap])lication for the same; by his ceasing to eiii|il(iy th;il number of jier; )ns on the works for the period of one month thereafter; by obstrnclinjr th,, oflicer in the pro|ier performance of his duty, or in any way violating the terms of the bond. Si vein shall then be open to selection by other parties. 7. Persons desirous of draining ponds or waterholes may make application in the mode abnv, !«tatcd to the Commissioner or Assistant Commissioner of the Gold District, and shall be subject in all respects to the same regulations, with the exccjition tiiat in the place of the jiaymcnt of a royalty iln' api)licauls shall binil themselves to employ in each case the number of persons for whom the wurkiii:' oi tlie claim would ali'ord em[)loyment, as may be determined by the Government, on the rcpiirt ei the Conuui.-.-ioner, during the period of their occupation, and to take out a licence for every ]ierMiii s,) employed; and such claim shall be voided by the withdrawal of such number of persons from tlu work, unless in case of interruiition by flood or other unforseen accid';nt. 8. The persons luidertaking to drain any such pond or watercoin'se will not, however, be ronipellcil to employ that number of persons during their occupancy, as rcrpiired by this notice. It will k snilicicnt that diuing such occupancy they pay for licences for the full nnmbor of persons so fi.xed. 9. Where more than one apiilication shidl have been made for any jjond or waterhole ])rcviiiiisly t,i the publicaticu of these regulation.s or shall hereafter be made on the same day, such pcuid or wuti;- hole shall he ^.ut up to tender, the advance being on the existing rate of the licence fee: and it will be undcrsto,id that such advance .-ihall be paid on any number of (lersons eniplovcd, in addition to iIk' number before !riil;ilinn> a? may be necessary to prevent inconvenience to other licensed persons from the carrying on operalioii- of the above nature. Issued at Fort Langley, this 13th day of July 1858. By His Excelloucy's Cumin PAPERS RELATING TO BRITISH COLUMBIA. 33 Oovornmcnt House, Victoriii, Dcccnilicr 30, IS.'iS. AVlTli rcferoncc to tlio Proclamation issiUMl on tlic 2Stli of December, . Lvtton, Hart. (No. :i9.) Eort Hope, Eraser's River, September f), 185S. ^ (l{.reiv(t(l Nov. 2i)tli. 18.:iH). 1. I HAVK to acknowledge tlie receipt of your Despatch (confidential) of the 1st '(July last*, and observe with feelings of indescribable satisfliction that Her Majesty's tiovernmcnt approve of the measures which I conceived it necessary to resort to, in order I '0 assert the dominion of the Crown over the Gold Districts of Eraser's River, and the njhts of the Crown over the precious metals. ' E No. II. Vajiy 41. :'•'» '»•-[(! 1^ 34 PAPERS RELATING TO BRITISH COLUMBIA. British Col.l MIIIA. i 2. The measures subsccivicntly taken with tlic view of introducing public order and government into tiie CuM Regions, and reported to you in tny later coininunication, hciiig part of the same general system, will, therefore, I feel assured, also meet with the support of Her Majesty's (iovcrnment. •.\. 'I"he latter, like the initiatory measures, were introduced under the pressure of necessity, without adetpiate means, and, therefore, necessarily imperfect ; but in adopt- ing them we had solely the great object in view of protecting British interests, and developing the resources of tiie (iold Regions. 1. It was necessary for that purpose that we should maintain a proper control over the mixed multitude' that have literally forced an entrance into the British Possessions; tiiat Amerieaiis and other foreigners should, on certain conditions, be admitted into the (iold Regions; tliat stocks oi'tiwd should be thrown into those districts ; that, lor want of British Ships, foreign vessels should, as a temporary arrangement, be allowed, under a sutleranee, renewable at the close of each voyage, to navigate the inland waters of Fraser s River, for the ])urpose of supplying the miners with ibod and clothing ; that roads should be opened, to render the (Jold Districts accessible to the miner and to the merchant; that (Courts of Lav,- should be established, and officers _ appointed for the administration of justice, the pimislunent of offences, and the protection of life and property ; and that the powerful native Indian Tribes who inhabit the Gold Regions shoidd be at once conciliated and placed under proper restraint. C). All this I have attempted to do, and I trust that Her Majesty's Government will see in those attempts onl\- a profound desire on my part to promote the interests of the, Empire, without any admixture of other motives. (J. I have duly weighed the important communications made in your Despatch respect- ing the views of Her Majesty's Government on this country, and I will use every intan« in my power to carry them fully into effect. ". 1 understand from those Instructions, that you do not deem it advisable to compel the miners to take out mining licences for the present, and tiiat no obstacle whatever is to be opposed to their resort to Eraser's River; that the national right to navigate Eraser's River is a (piestion which Her Majesty's Government deems it proper to reserve ; and that you enjoin caution and delicacy in dealing with those manifest case* of international relationship and feeling which are certain to arise, and which, but for the exercise of temper and discretion, may easily lead to serious complications between two neighbouring and poweiful States ; and that, finally, I am directed to exercise whatever influence and power I may possess in the manner best calculated to give development to the country and to advance Imperial interests. 8. I have to inform Her Majesty's (Jovcrnment, that, as a general rule, the taking out of licences by the miners of Eraser's River has not yet been enforced, except to the extent of levying on each miner leaving Victoria for the Gold Diggings the sum of five dollars for one month's mining licence in advance. 9. The object of that payment was to assert the rights of the Crown, and at the same time to form a fund to meet the current expenses of the Government ; and my reason for not sooner enforcing the taking out of licences was the fact that I have no direct authority from Her Majesty's Government to impose taxes in the Eraser's River District, as my Conunissions from the Crown extend only to the Colony of Vancouver's Island and to Queen Charlotte's Island ; and I, moreover, felt satisfied of the inability of the miners to pay the tax during the high stage of Eraser's River, when the auriferous bars were inundated, and the miners consequently lying idle and entirely out of employ- ment. 10. The river is now falling rapidly, and the miners in many places are doing well, and are able to bear the tax, though, as a general rule, the great body of the mining popula- tion are still unemployed, or barely making money enough to pay for their living. We shall, therefore, iii consequence of your recommendation, grant them a further respite until their mining claims become more productive, and they can afford to pay the regular licence duty for digging gokl. 11. As there is, however, no other means open to me of raising a revenue for defray- ing the expense of the officers and police employed on Eraser's River, and si opening roads and other necessary expenses connected with that country, and being, moreover, exceedingly anxious to avoid drawing on the Imperial Treasury, and to make the country bear, its nmch as possible, its own burdens, I established a regulation, before my depar- ture from Vancouver's Island, with the consent of the agents of the Hudson's Bay Company, authorizing the importation of foreign goods of all kinds into Eraser's Uivcr, at an ad valorem duty of 10 per cent., to be levied at Victoria, the proceeds of which m> PAPERS RELATING TO BRITISH COLUMBIA. 35 are to be exclusively applied to the service of Her Majesty's Go\ cniiiunt, and to meet the expenses of u;overning Eraser's River. Tliis course (appears in all respects advisable, the dut}' beiiin a I'air and f(|iiital)le tax, easily collected, and bearinj'- eqiiully on the consumers. I thrrcfoie trust it will meet with the approval of Her Majesty's Government. 12. I have to observe, for the information of Her Majesty's Government, that all foreigners, and especially American citizens, who have visited Eraser's River since the coniinencenientof the gold excitement, have been treated with kindness, and protected by the laws. The rights of the (^rown, as well as the trading- rights secured by statute to the Hudson's Bay Company, have been broadly asserted in my several I'roelamutions, with the object of maintaining British supremacy, by establishing a moral control over the masses of foreigners, who, under the fidsc impression that the country was free, and open to all nations, and that we had no military force at our disposal, were rushing ikliantly snd without ceremony into Her Majesty's Possessions ; and we succeeded by that means in securing respect and obedience to the law, at a time when a policy of concession would have been mistaken for weakness, and have proved injurious to British interests. 13. I may also remark, that the wants of the mining population in Fraser's River have been abundantly supplied, both in respect of food and the other necessaries of life, as the miners were allowed to carry with them from Victoria an unlimited supply oi' food, mining tools, and clothing, even to the e.vtent of a six months' stock, f()r their personal use, so that they are not under the necessity of making purchases from the stores of the Hudson's Bay Company, though they Ireiiuently do so, in consc(|iience of getting a better quality of goods at a lower price than can be procured from other [)arties. In short, I think I may venture to assert that the miners, as a body, arc.- satisfied with the kindness thtj have received from the authorities since their arrival in the British Territory. 14. Being now engaged in visiting the various districts of Fraser's River, with tlie intention of reporting to you on their present state and condition, and being exceedingly busy with various matters of detail, I will bring my present Despatch to a close, after informing you that the mining population in this quarter continue quiet, orderly, and submissive to the laws. I have, ikc. (Signed) JAMES DOCGLAS, The Right Hon. Sir E. B. Lytton, Bart. Governor. &c. &c. &c. nniTisn CdLlMlllA. ft No. 12. Copy of DESPATCH from Governor Douglas to the Right Hon. Sir E. B. Lvtton. Bart. (No. 40.) Victoria, Vancouver's Island, September *2y, 1858. Sib,' ' (Kccrivod Novcmlici-2;). 18.J8.) I HAVE the honour to acknowlege the receipt of your Despatch of the 1st of .luly*, marked " confidential," transmitting copy of a letter addressed to the Department over which you preside, by the Lords Commissioners of the Admiralty, informing you of tiie steps they proposed to take in consequence of the Gold Discoveries in Eraser's River ; and you are pleased to add, for my particular information, that the officers connnanding Her Majesty's Ships at Vancouver's Island would be directed to give me the fullest support, should the civil power require a force to maintain order among the achenturers resorting to the Gold Fields. You also recommend caution in employing such force, on account of the obvious danger of the desertion of the men. I have on this occasion to assure Her Majesty's Ciovernment that tiie considerable powers so placed in my hands will not be misapplied, nor rendered sul)ser\ient to the promotion of any interests other than those which with unbounded confidence they nave intrusted to my charge. Though so long and intimately connected with the Hudson's Bay Company, I have uniformly striven, during my administration of the Government of Vancouver's Island, 10 dispense equal justice to all its inhabitants, and to avoid even the sus])icion, so allowable in the circumstances, of undue influence being used on my part in f'a\-ouring the objects of the Hudson's Bay Company. 1 was cautious even about enforcing the laws in respect to the rights of that association, which has in fact exercised no right E 2 rage 41. ■Ul i!| .3G PAPERS RELATING TO BRITISH COLUMBIA. r.'Ai t' ■ I llnmsit Nil. i:i. I'iiiro 1:2 nor enjoyed any piivilcfjc of trade or otlierwise in this Colony that was not equally sliared hy every frei'liolder in the country. Her Xfajcsty's (lovernnient may also rely upon a proper and discreet use hem niiidc of the' military and naval force at my disjjosal, and that it will not \l called into action except in cases of extreme necessity ; and also that all claims and interests will he rendered subordinate to the great object of peopling and opening up ihe new country, and consolidating it as un integral part of the British I'lmpire. I have given fiill consideration to your suggestion of inducing by concilintorv advances such of the A'.nerican immigrants as appear to be respectable, and to possess iiiHuence with their fellow countrymen, to co-ojjerate with nie in preserving order; and I shall gladly avail myself of such aid, should it be at any time attainable. * * ■ # * * « I beg further to remark, that I feel under great obligations to Captain Prevost of Iler Majesty's Ship " S.iteliite," and to Captain Richards, commanding the " Plumper," for their cordial and unffinching support in every emergency ; and you will confer a great favour by causing this testimony of their zeal to be communicated to the Lords Conunissioners of the .Admiralty. I have, &c. (Signed) JAMES DOUGLAS, The Right Hon. Sir E. B. Lytton, Bart. Governor. &c. &c. ^c. No. 13. Coi'v of DESPATCH from Governor DoidLAS to the Right Hon. Sir E. P.. Lvttox, ]5art. (No. 4-2.) Victoria, Vancouver's Island, September .'50, 18."j8. villi (Uecfivcil NovfiiiliiT 2!>, 18.J8.) 1. I liavc the honour to aclinowlcdge the receipt of your Despatch No. 4*, of the l6tli of .July. 2. in the midst of the varied cares and anxieties that press upon me in the present conjuncture, it is no small consolation to learn from your IJespatch that Her Majesty's Government feel assured of my zeal in the public service, and ofi'er their firm support, in the perlbrmance of the arduous duties consequent on my present position ; and 1 beg leave to say that I feel the value of that support, and deeply grateful for the confidence rcposepany are limited to the trade with tlie Indian tribes. We have always hitherto given a more extended application to those rights, belicvinjr, fnim the circumstance ot the country being inhabited by Indians alone, and from its not licing op.'M for settlement to white n'len, that the intention of Parliament in granting the licence was to make over the whole trade of the country to the Hudson's Bay Com- (). 1 hat construction ol the rights of the Hudson's Bay Company was strengthened by the following jiassage in his Grace of Newcastle's Despatch, No. 12, of the 22\ul of October lsj3, ou which the |)roclamation issued on the 8th of May last was based. "With rcga '■■ \ou arc of '• this trade, tc '■ therefore, cl( " persons who " previously t( ■• of .such an it '■ foreigners thi -. We shall, without delay >th of May w lirst place, the the iniportatior ad valorcra dul of ray Despatcli 8. The objc Despatches hai solely to protec of the country legal control c who, notwithst restrained from land on Eraser' into effect in m position, and re important publii jicet with your 9. The arran approve, was n I'raser's River \ Those regulatio connected with Company. 10. We shall licences and he instructions to instructions cont The Right H &c. Copy of DESP. (No. 43.) Sra, 1. I have 3lbtof July last isiportanee bear regular Governn 'I Though I irregular mail fai position of nffal eoininunication iilopted with tlu iliat country coi 3. In consequ sud the pressure % either to ta ilieir dictation ai m PAPERS RELATING TO BRITISH COLUMBIA. 37 r E. li. Lyttox, "With regard to the third subject, the traffic of the Americans witli the Iiidiuiis, 'i vou are ot" 'ourse aware tliat the lliulson's Bay ("ompuiiy are Icyally entitled to '• this trade, to the exclusion of all other persons, whether Britisli or fljieij^ii. You are, " tlicrcf'ore, clearly at liberty to take such steps as may have the eti'ect oi' puni>hinir " persons who in/ringe their rights. But I am of opinion that it \vou]ll (ill 1 MIIIA. The Right Hon. Sir E. B. Lytton, Bart. &c. &c. &c. I have, ( Signed; \e. JAMES DUUCiLAS, Uoveruor, l^l^'.• :i.i. No. 14. Nvii. Copy of DKSPATCH from Governou Douglas to the Right Hon. Sir E. B. Lvttox, Bart. (No. 43.) Victoria, Vancouver's Island, October 11, iSoS, '>% (Hfccivcil Nov. 2!)ili, I.S08.) 1. I have the honour to acknowledge the receipt of your Despatch, No. (i*, of the i':.-. n. ■ilstof July last, communicating the viewT which you entertain upon various topics of raportaiice bearing upon the present situation of affairs and the establishment of a ,de over to the | 'tgular Government in British Cokunbia. t Though I regret that the pressure of public business, the want of efficient aid, and irregular mail facilities, have prevented mc from conununicating so fully with you as tiie position of affairs required, it is very gratifying to my feelings to discover, from the foininunication of those views in your Despatch, that the measures which l.ave been I adopted with the view of raising a revenue for defraying the expenses of Ciovernment in lliat country coincide so closely as they do with those recommended in your Desjiatch. 3. In consequence of the unexpected force of the inunigration from the L'nited Stut."s, ind the pressure of the masses, we were compelled in the emergency, by a st"rn noces- l-tv, either to take the initiative, and to give a direction to the masses, or to su'umit to liicir dictation as to the measures which the Government hud to pursue. E 3 h'.i"' " i i; ISiirri«ii (ill. I Mill A. 88 PAl'EUS R1:LATIN(J to BRITISH COLUMBIA. i. l''()r that iciisoii I had to net in lunny cnst-s without delay, and without distinct lc'll COM'MIIIA. No. J. Villi- pngf II. I'AI'EUS KKLATING It) HUITISH CULUMIWA. No. 2. f'oi'v of OKSlWrfU f'miii tlic Hiu'lit \hn\. Sir K. M. Ia iton, Hurt., to (iovcrnor DulUl.AH, ^\r'. I.) Sin Dowiiiiit: Street, July HI, I,s5s. I iiwi: to acknowlfduc your Dcspatcli. No. 2.'?. of tlu' l!»tli May la«t,* ciuii-im; ft I'roclamatioii wliieli voii liad \>M liiivt- the Ilin'Min'H Hiiy ('oiiipiiny iiiiy riftlif wluitcvtT to BHrri ixact from' l">''"i'".i(oi>i any ivv or IiimcI iiuHicy, by way, a^ you Uriu it, of " idiii- <■'"<>• ticnimtion." Slioiilii, therefore, llic Paeitic Mail ('oiii|i.iiiy have n^xfiitcd to the.-e teriiis, I must iii'virthile«s re(|uiio their heiiiu uttered nceonling to the tenor of these iiistruetioUM tor till' future. lam hillv aware that lu'fore tills Despatch eaii re leh you tin- ^tate of tiiiii'.'"' inav have materially altered, and that some of tlie>f direetlou!* may have heeonie iiinp|)!i. labii". I'-veii in that ca>e, however, tiiey will si-ive as an indieation ol thi' ueneral policy wliieh it is the intention of !ler .>Jnji sty's (Joverntnent to jiursue, and their wi>li that vou should execute, in this emeriieney. I hope !)_> tlie next mail to he alile to add to tiiese direetions. I Iiave, \c. (iineiiior Dou^jlas, (Signed) K. H. I-V'lTt)N'. iVC. &c. ^ IIIA. No. 3. CmY of DESPATCH frouj the Right Hon. Sir IC. B. LvrroN, Hart., u) Governor (Confidential.) Dofcius. ^111, Dciwiiiiij,' Street, July Ifi, 18.")S. Mv public Despatch of t\\U date will have shown you the hitrh value wliieh Her Majesty's Cjovernment attach to your services, and at the same time will guard .ou ngamst some of the errors into which you may he led by your position as an Audit of the Hudson's Bay Company, while 't the same time an officer of Her Majesty's Government. I wish to inform you, confidentially, in addition, that a Bill is in progress through I'urliument to get rid of certain legal obstacles which interpose to prevent the Crown llom constituting u (Jovernment suited to the exigencies of so peculiar a case, over the territory now resorted to, according to report, by the multitudes whom the gold (liirging^ 0" Eraser's River liave attracted. It is proposi'd to appoint a Ciovernor, with a salary of at least 1,000/. per annum, to be paid for the present out of a Parliamentary vote. And it is the desire of Her .Majesty's (iovcrnnient to appoint you at once to that otticc, on the usual terms of a (joveriior's appointment ; namely, for six years at least, your administration of that office continuing to merit the approval of Her Majesty's Ciovernment ; this Govcrmncnt to be held, for the present, in conjunction with your separate Commission as Governor of Vancouver's Island. With regard to the latter, I am not at this moment able to specifv the terms ns to salary on which it may ultimately be held, but your just interests would, of course, not be overlooked. The legal connexion of the Hudson's Bay Company with \'ancouver's Island will >hortly be severed by the resumption by the Crown of the grant of the soil. And their legal rights on the continent opposite terminates in May next, at all events, by the expiry of Her licence, if Her Majesty should not be advised to terminate it sooner on the establishment of the new Colony. It is absolutely necessary, in their view, that the administration of the Government, both of Vancouver's Island and of the main land opposite, should be intrusted to an officer or officers entirely unconnected with the Company. I wish, tlierefbre, for your distinct statement, as early as you can afi'ord it, whether you are willing, on receiving the appointment which is thus or ''.'red you, to give up, within as short a time as may be practicable, all connexion which you may have with that Company, either as its servant, or a shareholder, or in any other capacity. I make this proposal without discussing at present the nature and extent of your actual connexions with that Company, but with the acquiescence of the Ciovernor of the company, who has seen this Despatch. In the meantime, and awaiting your answer, it is my present intention (liable only to be altered by what may transpire in future advices tloni yourself) to issue a Comniission to you as Governor; but you will fully understand that unless you arc prepared to assure me that all connexion between yourself and the Company istemiinated, or in course of speedy termination, you will be relieved by the appointment of a successor. r 2 Vo.ru i 44 PAPERS RELATING TO BRITISH COLUMBIA. Beitish c'oi.umiiia. I make this proposal briefly, and without unnecessary preface, being fully assured that you will understand, i>u the one hand, that Her Majesty's Governineni uie vcrv anxious to secure your services, if practicable, hut, on tlie other, that it is (]uite impossible that you should continue to serve at once the C'rown iid the Company, when their respective rights and interests may possibly diverge, and when at all events public opinion will not allow of such a connexion. I have, &c. Governor Douglas, (Signed) E. B. LYTTON. &c. &c. I No. 4, No. 4. Copy of DESPATCH from (he Right Hon. Sir E. B. Lytton, Bart., to Governor DoUfiLAS. (No. 5.) Sin, Downing Street, July 30, 1858. I iiAVK to intbrni you that Her Majesty's Government propose sending to Briti-h Columbia, by the earliest opportunity, an officer of Royal Engineers (probably a Field Officer with two or three subalterns), and a company of Sappers and Miners, made up to 150 men, non-commissioned officers and men. I must trust to you to make such arrangements in the Colony for the reception of this party as you may deem necessary and suitable. 1 shall provide the office/ in command with general instructions for his guidance, of which you ?hall have a copy. I have, Sec. Governor Douglas, (Signed) E. B. LYTTON. &c. kc. No.,--.. No. rj. Copy of DESPATCH from the Right Hon. Sir E. B. Lvtton, Bart., to Governor Douglas. (Contidential.) Sir, Downing Street, Jul}- 31, 18.58. As it is a matter of considerable importance, both to Her Majesty's Government and yourself, that there should be a perfect understanding as to the terms on which, it you should so decide, you would assume office under Imperial authority ; I think it right to state, as it was omitted on the last occasion, that besides relinquish- ing, directly or indirectly, all connexion witli i"ne Hudson's Bay Company, it will be indispensable to apply th it condition equally to an}- interest you may possess in the Piiget Sound Company. It is most probable that you hav2 undeistood the offer contained in my Confidential Despatch of the l6th instant in that sense ; but I think it better now to guard against any possible misconception on the r-ubjeet by this additional explanation. It is due to you to add, that if, after reflection, you should entertain the persuasion that it will either not conduce to the public interests or your own to exchange yoar present position for that of Governor of British Coluiiibiu, the ability you have displayed '.vhil>t holding the office Oi Governor of Vancouver's Island will not escape the recollection of Her Alajesty's Government, should it be your v.ish, on the expiration of the HudsonV Bay Company's licence next year, t( enter into the service of the Crown in the Colonies. I have, &c. Governor Douglas, (Signed) E. B. LYTTON. &c. &c. N" fi No. 6. Ct)PY of DESP.VTCH fron) the Right Hon. Sir E. B. Lytton, Bart., to Governor DoiCiLAS. (No. 6.) Sir, Downing Street, July 31, 185S. Tii()i(iii I expect shortly to have the honour of transmitting to you an Act passed by the Imperial Parliament, .'.uthorizing the estal)lishment of a regular Government in the tcri^orv west of the Rocky Mountains, I will not lose the opportunity of this mail to PAPERS RELATING TO BRITISH COLUMBIA. 45 i. LYTTON. B. LYTTON. ., to Governor B. LYTTOX. t.. to Governor itv of this mail to coinniunicate to you the v'cws which I c itcrttiin, for I am ^^carccly in a condition to liitrn-it tbriiisli you with positive instructions upon certain topics of inijiortancc whicli bear upon ^"" "'"*• vour present situation. " ■ 1. 1 need hardly observe, that British Columbia, for bv that name the Queen lias been irraciouslv pleased that the country should be known, stands on a very diH'erent footinjr i^om niaiiy of our early Colonial Settlements. They possessed the chief elei.ients o*' -uccess in lands, which afforded safe though not very immediate sources of prosperity. This territory combines, in a remarkable Jegrce, the advantage of fertile lands, fine tnnber, adjiicent harbours, rivers, together with rich mineral products. These last, which have led to the large immigration of which all accounts speak, furnish the Government with the means of raising a Revenue which will at onje defray the necessary expenses of an establishment. I am aware that in Queen Charlotte Island, where gold was discovered a tew years ;ifo, licence fees were contemplated ; but the small (juanlity of gold which was worked iherehas not afforded any settled or fixed data as to the results of that experiment. My own views lead me to think that moderate duties on beer, wine, spirits, and othei- articles usually subject to taxation, would be preferable to the imposition of licences ; an'l I confidently expect that from these sources a large and an immediate revenue may 'Icrived. fhe disposal ah-.o of public lands, and especially of town lots, for which I am led to lu'iitve there will be a great demand, will afford a rapid means of obtaining funds appli- eiible to the general purposes of the Colony. You will, probably, at an early period take >tcps for deciding upon a site for a seaport town. But the question of how a Revenue can best be raised in this new country depends so much on local ciicumstances, upon ■vhich \ou possess such superior means of forming a judgment to myselfi that I neces- -arily, but at the same time willingly, leave the decision upon it to you, with ilic rcmaik that it will be prudent on your part, and expedient, to ascertain the general sense of the mmigrants upon a matter of so much importance. Before I leave this part of the subject, I must state, that whilst the Imperial Pavliamcnt will cheerfully lend its assistance in the early establishment of this new Colony, it will expect that the Colony shall be self- -iipporting as soon as possible. You will keep steadily in view that it is the desire of this country that Representative Institutions and self-government should prevail in British C'ohnnbia, when, b}- the growth of a fixed population, materials for those Institutions shall be known to exist ; and that to that object you must, from the commencement, aim and shape all your policy. 2. I have informed you in my Despatch of 30th instant, that a pavtv of Royal Engineers will be despatched to the Colony immediately. It will devolve upon them to survey those parts of the country which may be considered most suitable for settlement, to mark out allotments of land for public purposes, to suggest a site for the scat of Government, to point out where roads should be made, and to render you such assistance as may be in their power, on the distinct understanding, however, that this force is to be maintained at the Imperial cost for only a limited period, and that, if required afterwards, the Colony will have to defray the expense thereof. I have to add, that I am of opinion that it will be reasonable and proper that the expense of the survey of all allotments of land to private individuals sho'dd be included in the price which the purchaser will have to pay for his property. I sliall endeavour to secure, if possible, the services of an officer in command of the Engineers who will be capable of reporting on the value of the mineral resources. This force is sent for scientific and practical purposes, and not solely ibr military objects. As little displa}^ as possible should, therefore, be made of it. Its mere appearance, if prominently obtruded, might serve to irritate, rather than appease, the mixed population which will be collected in British Columbia. It should be remembered that your real strength lies in the conviction of the emigrants that their interests are identical Aith those of the Government, which should be carried on in harmony with and by means of the people of the country. As connected with this subject, it may be convenient to you to know that I contemplate sending out an experienced Inspector of Police to assist n the formation of a Police force. You should consequently lose no time in considering how that force can be organized. It must be derived from the people on the spot, who vill understand that for their preservation fiom internal disturbances they must rely -olcly on themselves, and not on the military. I cannot permit myself to doubt, that in i matter so essential to the common security of all you wiil meet »vith the ready con- currence of the community, and that you will act for their interests in a manner which shall be jiopular, and conformable with their general sentiments. •5. I have to enjoin upon you to consider the best and most humane means of dealing •vith the Native Indians. The feelings of this country would be stronu,lv opposed to the F 3 i; 1^ i ■ 11 I I I '' I.J 46 PAPERS RELATING TO BRITISH COLUMBIA. BitlTISlI Cdl-l'MUlA. adoption of any arbitmrv or oppressive measures towards them. At this distance, and v,ith the imperfect means of" knowledge which I {possess, I am reluctant to oft'er, as yet, anv suggestion as to the prevention of ati'rays between the Indians and the immigrants. This qu'.stion is of so local a character that it must be solved by your knowledge and expe- rience, and I commit it to you, in the full persuasion that you will pay every regard to the interests of the Natives which an enlightened humanity can suggest. Let nic not omit to observe, that it should i)e an invariable condition, in all bargains or treaties with tl>e Natives for the cession of lands possessed by them, that subsistence should be supplied to them in some other : liape, and above all, that it is the earnest desire of Her Majesty's Government that your early attention should be given to the best means of diffusing the blessings of the Christian Religion and of Civilization aiuong the Natives. -1. In conclusion, I wish to impress upon you the necessity of seeking, by all legitimate means, to secure the confidence and good-will of the immigrants, and to exhibit r.o jealousy whatever of .Americans or other foreigners who may enter the country. You will remember that this Colony is destined for free institutions at the earliest moment. In the meanwhile it will be advisable for you to ascertain what Americans resorting to the digging? enjoy the most influence or popular esteem, and 30U should open with them a frank anil friendly conununication as to the best means of preserving order, and securing the interests and peace of the Colony. It may be deserving your consideration whether there may not be found already amongst the immigrants, both British and foreign, some persons whom you could immediately form into a Council of Advice ; men, whom, if an Elective Council were ultimately established in the Colony, the immigrants themselves would be likely to elect, and who might be able to render you valuable assistance until the machinery of Government were perfected, and you were in possession of the instruc- tions which the Queen shall be pleased to issue for your guidance. 5. 1 shall hope to receive at an early period your views on these and other topics of importance which are likely to present themselves for your decision in the difficult circumstances in which you are placed, and I request you to be assured, on the part of Her Majesty's Government, that I shall be most reedy to afford you every assistance in my power. Governor Douglas, &c. &c. I have, &c. (Signed) E. B. LYTTOX. jti-^i *Vi(l. \'X^i I. No. 7. Copy of DESPATCH from the Right Hon. Sir E. B. Lytton, Bart., to Governor DOLGLAS. (No. 7.) Sin, Downing Street, August 14, 1858. I HAVE to transmit to you, for information and guidance, copy of an Act* which has received Her Majesty's assent, entitled " An Act to provide for the Government of British Columbia." There has not been as yet time to furnish you by this mail with the necessary Order in Council, Connnission and Instructions to yourself as Governor, which are necessary in order to complete your legal powers. You will continue nevertheless to act during the brief inter\al before their arrival as you have hitherto done, as the authorized representative of Her Majesty's Government in the territory of British Columbia, and take without hesitation such steps as you may deem absolutely necessary for the government of the territory, and as are not repugnant to the principles of British law ; but you will do so in conformity with the directions which I transmit to you on several subjects by my Despatches of even date herewith, and in such others as you may reeei\e from me. Governor Douglas &c. Ike. I have, &c. (Signed) E. B. LYTTOX. PAPERS RELATING TO BRITISH COLIMBIA. 47 to Governor t. LYTTON. MR, No. S. Copy of DESPATCH from the Right Hon. Sir E. B. Litton, Bart., to Governor ., , , l)()r(;L.\s. (No. 8.) Downing Street, Auijiist 14, 1H58. 1. I HAVE to acknowledge the very important series of Despatches ot' wliich the numbers and dates are speciHed in the niaruin. showing- the manner in which you have continued to administer the Government of the territory in which the recent discoveries of i;old have taken place, and detailing the extraordinary course of events in that quarter. 2. Her Majesty's Govcrnnicnt feel that the dithculties of your position are such as courage, judgment, and I'amiliarity with the resources of the country and character of the people can alone overcome. They feci also that minute dii'cctions conveyed from this distance, and founded on an imperfect knowledge, are very liahle to error and misunder- standing. On some points, however, you have yourself asked for approval and Instruc- tions; on others it is absolutely necessary that the views of Her Alajesty's Government should be made clear to you. 3, As to the steps which you have already taken, I approve of the appointments which you have made and reported, of Revenue otticers, Mr. llicks and .Mr. Travailiot, of Mr." Pcrrier as Justice of the Peace, and of Mr. Young as (lold Commissioner. I approve also, as a temporary measure, of the steps v,'-iich you have taken in regard to the surveying department; but I have it in contemplation to send to the Colony a head of that Department from England. 4. I propose selecting in this country some p;rson for tiie ollice of Collector of Customs ; and shall send you also, at the earliest moment, an oHicer authorized to act as Juilcc, and who, I trust, as the Colony increases in importance, may 1k' found conipetent to till with credit and weight the situation of Chief Justice. I await your intimations as to the wants and means of the Colony, in this sudden rise of social institutions in a country hitherto so wild, in order to select such law advisers as you may deem the condition and progress of immigration more immediately require. And it is my wish that all legal authorities connected with the Government should be sent from home, and thus freed from every suspicion of local partialities, prejudices, and interests. 5, I bighU' approve of the steps which you have taken, as reported by yourself, with regard to the Indians. It is in the executi'^u of this very delicate and important portion of vour duties that Her Majesty'.s Government especially jcly on yom" knowledge and experience, obtained in your long service under the Hudson's l?ay C'ompany, You may in turn rely on their support in the execution of such reasonable measures as you mav devise for the protection of the Natives, the regulation of their intercourse with the whites, and, whenever such a work may be commenced, tlieir civilization. In what way the fur trade with the Indians may be henceforth carried on with the most safety and with due care to save them from the demoralizing bribes of ardent spirit^, I desire to know your views before you make any fixed regulations. No regulations giving the slightest pre- ference to the Hudson's Bay Company will be in future admissd)le ; but possibly, with the assent of the whole comnumity, licences for Indian trade, impartially given to all who would embark in it, might be a prudent and not unpopular precaution. 6, I approve of the measures which you have taken for raising a itevenue by Customs, and authorize their continuance. 7. I approve also of your continuing to levy licence i'vc:^ for mining purposes, request- ing you, however, to adapt the scale of these fees to the general accjuiescenoe of adven- turers, and leaving it to your judgment to change thi> mode of taxation (as, for instance, into an export duty), if it shall appear, on experience, to be luiadvisalde to continue it. But on this head I must give you certain cautions. In the first place, no distinction must be made between foreigners and British subjects as to the amount per head of the licence fee re(|uircd (nor am I aware that you have proposed to do so). In the second place, it must be made perfectly clear to everyone that this licence fee is le\ied, not in regard to any supposed rights of the Hudson's Bay Company, but simply m virtue of the Prerogative of the Crown (now confirmed by the .\ct of Parliament trans- mitted to you, if this was necessary,) to raise such revenue as it thinks proper, in return tortile permission to derive profits from the minerals on Crown lands. S. Farther, with regard to these supposed rights of the Hud-on's Bay Company, 1 must refer you, in even stronger terms, to the cautions already conveyed to you W niv former Despatches, The Hudson's Bav Companv have hitherto had an exclu- F 4 ■ liuniMi ( nil MlllA. Xo. ■*. X J4,li,Iinli' I'-.-iS, 1 •) ., I'' ., J .hily 48 PAPERS IIKLATING TO BRITISH COLUMBIA. Iliiin-ii ('(ilUMRIA. '!•!'!' : f |!fi sive right to trade with Indians in tiic I'l-iiser's River territory, but they have !i;i(l no otiier right wliatever. They liave had no right to exclude st.angcrs. Thev have had no rights of Government, or of occupation of the soil. They have iiad \\„ right to prevent or interfere with any kind of trading, except with Indians alone. * * * * * ■ * But to render all rnisconccptioiK impossible. Her Majesty's Government have determined on revoking the Conipanv:; licence (which would itself have expired in next May) as regards British Coluiubjii. being fully authorized to do so by the terms of the licence itself, whenever a new- Colony is constituted. The Conipany's private property will be protected, in common with that of all Her Majesty's subjects ; but they have no claim whatever for compensation for the loss of their exclusive trade, which they only possessed subject to this right of revocation. The instrument formally revoking the licence will shortly be forwarded to you. 9. Mith regard to the Revenue received from licences and Customs, you will hold it tor the present to be expended on the necessary expenses of the Colony. 10. The immense resources which the information that reaches England every dav, and is confirmed with such authority by your last Despatch, assure me the Colony possesses, and the facility for immediate use of those resources for the purpose of Iievenue, will at once free the Mother C^ountry from those expenses which are adver.H- to the policy of all hcathfal colonization. * * * * * » You will bear the principle I have thus laid dov.n perpetually in mind, so as to appor. tion the Expenditure to the Revenue, and not to allow the former to exceed the latter. 11. The most important objects to which the local revenue can be applied wonid seem to be, police, public works to facilitate landing and travelling, payment of tiie absolutely necessary othccrs, and above all surveying. But your own local judgment must mainly decide. You will render accurate iiecounts to me both of receipts and expenditure, and you will probably find it necessary shortly to appoint a TreaMirer, which will be a provisional appointment. You are authorized, if you think proper, to give for the present Government receipt^ in lieu of deposits of gold. As to this point I wish to ha\e a more definite account of the nature of your proposal 12. You are fully authorized to take such measures as you can for the transmis.-ieii of letters and levying postage. l;?. It appears by your Despatch that the staf!" of Surveyors you havo engaged are at present employed on Vancouver's Island, the soil of which is as yet held under the expiring licence of the Hudson's Bay Company ; but it is British Columbia which now demands, and indeed may almost absorb, the immediate cares of its Governor, and your Surveyor may at once prepare the way for the arrival of the Surveyor-Genera! appointed from hence, and of the Sappers and Miners who will be under his orders. 14. I now come to the important subject of future Government. It is possible (although on this point I am singularly without information) that the operations of the gold diggers will be to a considerable extent suspended during the winter, and that you will, therefore, have some amoimt of leisure to consider the permanent prospects of the Colony, and the best mode of administering its affairs. You will be empowered both to govern and to legislate of your own authority ; but you will distinctly understand that this is as a temporary measure only. It is the anxious wish of Her Majesty's (iovernmcnt. that popular institutions, without which they are convinced peace and order cannot long prevail, should be established with a> little delay as practicable ; and until an Assembly can be organized (which may lie whenever a permanent population, however small,'is established on the soil,) I think, as I have already stated in a former Despatch, that your best course will probably be to form some kind of temporary Council, calling in this manner to your aid such persons as the miners themselves may place confidence in, 1,5. You will receive additionaldirectionsalong with your Commission, when forwarded to you ; and I have embodied in a separate Despatch those regarding the very iniporta!;; (juestion of the disposal of land. 16. Aware of the immediate demand, on your time and thoughts connected witii the pressing question of the inunigration to the "gold mines, I do not wish to add unneces- sarily to the burden of duties so onerous ; but as yet our Department has been Ictt singularly in ignorance of nuich that should enter into considerations of general policy. and on which non-official opinions arc constantly volunteered. Probably, aiuongst the Coi'V of DE nimciit receipt* PAPERS RELATING TO BRITISH COLUMBIA. 49 persons you arc now employing, and in whose kiiowlcdj^o and exactitude you can confide, voii might lind sonic one capable of assisting, under your superintendence, in i'urnisiiinir Jne as early as possible, with a report of the general capacities ot' tiie harbours o\' Vancouver,— of their advantages and defects, — of the nioutli of the Eraser's River, as the site of the entry into IJritish Columbia, apart from the island, — of the probabilities of a coal, superior for steam purposes to that of the island, which may he found in the mainland of British Columbia, and such other information as may guide the British Government to the best and readiest means of developing the various and the ditl'ering resources both of the island and the mainland; resources which have so stranyelv been concealed lor ages, which are now so suddenly brought to light, and whii'li liiav be destined to effect, at no very distant period, a marked and permanent ciiange in the commerce and navigation of the known world. The officers now engaged in the maritime survey will, probably, render great assistance to yourself and to Her Majesty's Government in this particular. 17. I will only conclude with the general caution, that inasmuch as your legal powers are as yet incomplete, it will be well ^hat you should therein confine yoiuself as nuich as possible to the mere issue of regulations absolutely retpiired, and not seek to carrv into effect the Crown's general power of legislation, until fully authorized thereto. I have, &c. « Governor Douglas, (Signed) E. B. LYTTON. &c. &c. Hiori.-'ii Col IMIIIA. No. 9. Coi'Y of DESPATCH from the Right Hon. Sir E. B. Lvrxox, Bart., to (Jovcnior Dour.LAs. (No. 9.) Sir, Downing Street, August 1-1, IS.jS. Fheql'knt inquiries arc addressed to this Office on the subject of the disposal of land in British Columbia to companies or private individuals in this country. In con- sequence of the ignorance in which, from the peculiar circumstances of the case, I am placed as to your views on a subject of such great importance to the future welfare of this new Colony, I have forborne answering these inquiries, or encouraging expectations H'liich might not be realized. It is therefore \ery necessary that you should, at your earliest convenience, conmiunicate to nie tiie impressions which you entertain on this subject, accompanied b^- all the information which you can collect. In the meantime you will take the following Provisional Rules to guide you : — 1. With regard to the very important subject of the disposal of land, you are autho- rized to sell land merely wanted for agricultural purposes (whenever a demand for it shall arise) at such upset price as you may think advisable. 1 believe that a relatively high upset price has many advantages ; but your course must, in some degree, be guided hv the price at which such land is selling in neighbouring American territories. But with regard to land wanted for town purposes (to which speculation is almo>t certain to direct itself in the first instance), I cannot caution you too strongly against allowing it to be disposed of .at too low a sum. An upset price of at least 1/. per acre is in my opinion absolutely required, in order that the local Governuicut may in some uegice par- ticipate in the profit of the probable sales, and that mere land jobbing may lie in st)uie degree checked. Wlienevcr a free Legislature is assembled, it will be one of its duties to make further provision on this licad. 2. To open land for settlement gradually; not to sell beyond the limits of what is either surveyed or ready for innuediate survey, and to prevent, as fin- as in you lies, squatting on unsold land. Mineial lands will require a special care and forethought, and J request your views thereon. 3. To keep a separate account of all Ue\enue to be derived from the sale of land, applying it to the purposes for the present of survey and comiiuuiication, which, indeed should be the first charge on the Land Revenue ; and you will of course remember that this will include the expense of the survey party (viz. Sappers and ,Minir>) now ^ent out. I shall be anxious to receive siuch accounts at the earliest period at wliirh they can be furnished, •1. I'oreigncrs, as such, arc not entitled to grants of waste land oC the C'rov/n ii. British Colonies. But it is the strong desire of Her Majesty's Government to attract to this territory all peaceful si-ttlers, without regard to nation. Naturalization should, No '). If a, ;[ if •J. h" i ■ ? tl f ;? W mi.i M PAPERS RELATING TO imiTISH COLUMBIA. Britihh CoMMItlA. therefore, be jjranted to all who desire it, and are not disqualified by special causes' and with naturalization the rijfht ofaequiiinj^ Crown land should follow. 5. You will pardon me if I enjoin on you, as imnerative, the most diligent cart that in the sales of land there should not be the slightest cause to impute a desin^ to show favour to the servants of the Hudson's Bay Company. Parliament will watch with jealousy every proceeding connected with such sales; and I shall rely upon vnii to take every precaution which, not only impartial probity, but deliberate prudence can suggest, tliat there shall be no handle given for a charge, I will not sav of favour, but of indifference or apathy to the various kinds of land jobbing, cither to benefit favoured individuals or to cheat the Land Itevenue, which arc of so frequent occurrence at the outset of colonization, and which it is the duty of Her Majesty's (Jovernment, so fiir as lies in tiiein, to repress. I have, &c. Governor Douglas, (>^ianed) E. B. LYTTON. &c. ike. No. 10. Copy of DESPATCH from the Right Hon. Sir E. B. Lvtton, Bart., to Governor Douglas. (Separate.) . Siu, Downing Street, September 1, 1858. I UAvi; the honour to introduce to you Captain l^arsons, the bearer of this Despatch, who, in pursuance of the intention which I have already communicated to you, has bee;, directed to repair to British Columbia, accompanied by twenty non- conunissioned officers and men of the Royal Engineers. 1 need scarcely observe to you that the object for which this officer and his partv have been detaeheit to British Columbia is for the exclusive service of that Colony. You will, tlierefbre, afford him every assistance in 3our power for enabling him to conuncnee inmiediately such operations in it as shall appear to him to be necessary, in anticipation of the arrival of his commanding officer, Colonel Moody, R.E., who will follow him with as nuich rapidity as is practicable. And I trust that if Captain Parsons should require the temporary occupation for his party of the trading posts up the country wiiich belong to the Hudson's Bay Company, you will take measures for affording him such accommodation. I have, &c. Governor Douglas, (Signed) E. B. LYTTON. &c. &c. No. 11. *Conmiiss"mn. (lati'd Ufi Si'p- tomluT IS.'tS, vide page *1. tlnfitnu'liolis s, vidi* piifTi' '). No. II. Copy of DESPATCH frotn the Right Hon. Sir E. B. Lytton, Bart., to Governor /v„ 1 \ Douglas. (i\0. 1.) Sir, Downing Street, September 2, 1856. I UAVE the honour to transmit to you herewith the Queen's Commission* under the Great Seal, constituting and appointing you to be Governor and Commander-in-Chief in and over the Colony of British Columbia and its Dependencies, together with Instructionsf under the Royal Sign Manual and Signet for your general guidance in the administration of the Government of the Colony. I have, &c. Governor Douglas, (Signed) E. B. LYTTON. Sic. &c. ^:4 \r No. 12. Onlcrint'ouncil, datwl M Si'p- H'nibir ISJS, vide page S. No. 12. Copy of DESPATCH from the Right Hon. Sir E. B. Lvtton, Bart., to Governor (No. 2.) Douglas. Su{, Downing Street, September 2, 1858. I HAVK the honour to transmit herewith, for your information and guidance, the copy of ail *Order made this day b\- Her Majesty in Council, by which you arc j i. LYTTON. PAPERS RELATING TO BRITISH COLUMBIA. 51 j,„,povvercd (subject to the conditions therein mentioned) to make provision for the administration of' justice, und to establish nil such laws as may be necessary for the neace, order, and g(X)d government of the (Colony of Britisii Columbia. ^ I hp.ve, \c. Governor I)ouglas, (Sipn-.u) E. B. LYTTON &c. Sec. No. 13. CoPi of DE.SPATCH from the Right Hon. Sir K. B. Lvtton. Bart., to Ciovernor (No. 3.) ^°'^"''-^^- jig^ Downing Street, September 2, 1858. REFKRniNO to my Despatch No. S. (Vancouver's Island) of the 1 4th ultimo, I transmit to you, herewith, the Queen's revocation* of the Crown (irant nf ilie ;U)tli of May l'*33, to the Hudson's iiay Company, in so far as the said Grant embraces or extends to ihc territories comprised within the Colony of British Columbia. I have, (itc. Governor Douglas, &c. &c. (Signed) E. B. LYTTON. No. 14. Copy of DESPATCH from the Right Hon. Sir E. B. Lvtton, Bart., to Governor ,,T . , Douglas. (No. o.) Sir, Downing Street, September 2, 1858. I TKANSMH , for yout information, copies of a correspondence between this Depart- ment and the Board of Admiralty, on the subject of affording Naval assistance to British Columbia. I have, &c. Governor Douglas, (Signed) E. B. LYTTON. &c. &c. Enclosure 1 in No. 14. Sir, Downing 8troL't, August 11, 18,J8. I AM directed by Secretary Sir Edwiivd Biilwer Lyttou fo acknowledge your letter of the 4tli iIl^t.lnt, transmitting copies of letters from the Commaiidor-in-Chief of Her Miijesty's Niual Forces in the Pacific, dated the 25th June, and from Governor Douglas, of the 1 2th .May preceding, ou the iubject of affording Xaval assistance to Britisii Columbia. lam to request that you will inform the Lords Commissioners of the Admiralty that Sir Edwtird Lvtton attaches the grctcst importance to the presence of a naval force, with a.< iniiny Marines as can be conveniently spared, off Eraser's River, and that he hopes it may be in the power of their Lordships to meet his views in this respect. I am, &o. The Secretary to the Admiralty. (Signed) H. Meuivale. Hritirh I'ol.I'MBIA. Nu. 1-1. Vide pajjv '.♦. No. U. Knclosare 1. Kiu'losur*' 2. Enclosure -'1. Knclonurt- 1 in No. 14. Mr? f^ Enclosure 2 in Xo. 14. JIK, Achni-alty, August 16, 1858. With reference to yoiu' letter of the 11th instant, statiiiL'- that the j^reatest ini[)iirtan('e is jttacheil to the jiresenee of a naval force, with as many ^Marine.- as can he >i)ared. olf Eraser's Hiver I im commanded by my Lords Commissioners of the Atlmiralty to transmit to you herewith, for tiie Monn.ition of Secretary Sir Edward Hulwer Lvtton, a ropy ol' a letter which has been this day IJrcssed to Rear- Admiral Haynes upon the subject. 1 am, Sic. Herman Merlvale, Esq., (Signed) W. G. Kom.vi.ve. Colonial Office. Etu'losuri' ; No. U. c. ii Ife h* 53 UiirriKii C'ol.fMlllA. Rub-Kru'lcisiir.' to Kiirl. ;! i'l So. U. I'Al'KUS RELATING TO BRITISH COLUMBIA. Siu, I AM ciJiiiniiUiilcd l)y my Lordu Commir'sloiici- .... jitiiiit, fViiiii Ilcr Majc'styV rtulcr-Sicri'tiiry I AM ciJiiiniiuiilcd l)y my Lordu ( II k'ttd', diitrd the iltli iiij^t -- ,' ' — ^*"^L if the Adiuiriilty to trmiHiiiit tn vou licrcwiil, ;, Siil)-Eiicl().''urt! to Encl(i?nr(' '> in No. 14. Adinlrnlty, Aii<;ii.t 16, 185h ■ t.i citny "I II iciui. umiii 111* 1 1 m •••.-.••IK, • ..». — -.r ■ V ' " ••'.-• -^.^.^....^ ()i ntiito lor i|||, Ciili'iiicK, stiitiii^r timt the LCn'ilti'^t im|i(irtiuici' i" ilttarlicd to tlic iircTucc of :i luiviil forrn ort' Fiuwr'. Iiivcr ; iind witli refcniicc to former or.Iei-s uiioti this siihjeet, luid to tlio oliserviitions in yuurUtttr of tlie -'.'5th •rune. " tiiut yon eimnot. witliont distressing other [mrts of yonr station, l^e(,i[i a greater '• foree lliiiM the 'SuteHile' imd ' I'hmiper' lit Viineoiiver'tf iHlimd," my Lords (hv-ire nio to inl'onu vou tlmt the i)resiiice of II force, as referred to in the ( 'ohmiiil OtHee letter, lierewitli forwiirdcil to vou, IS to he oonsidered 'iv 'oi: .is a more pvessinLj and iinportnul service than any other on your station of wliieh ilicy ii'c eo;;nizanl. Havin;: this day received iotter from t'liiitiiin I'revost res])e"tiui.'- the r^ cent discoveries of j^oldnt Fnist'r's Kiver. Hri'ish Cohmdmi, luted liie I'tli .huie lust, my l^nrds deem it imiiortnit in icpcut tiie exiiressidu ol' th.'lr oiiinioii. thai every posslhlo .■issistancc, which the nuans at yoin- dl.-posiil will permit, should he <,dveii to support the io.tliority of tin- (iovernm- of the Hudson's Hay terrilory, anil to correct the irrciiuliirities which, if not clicked, may lend to serious compliciitioiis. I am, \:c. Kcai-Admlral Hayncs, V.U., (Si;^ned) W. G. Romaint. Val|iaraiso. Knei •iiii'.'i I No. 14. till I AM directed montli, the one ■lellite," tlie othi Knclosuro '.) in No. 14. Sii:, Downing Street, August 20, 18,58. V Secretary Sir K. I'. Lytton to uekno\vledi;e your two letters of the Uiilmi transmitting' copy of coimminlcii*' .a received from Oaptuin I'revost of the co|)y of the letter ad'. r s. \o. 111. I-'lU'ln.smv 1. I JlcloMllv ■-'. KlU'losuri' ."i. Mnolosurc 4. No. \6. i\v\ ct' DESPATCH li-oui t'te Uighi Hon. Sir E. B. Lvrro.v, Bart., to Governor (No. 7.) ' ')"'-'-i-^^- Mil, Downing Street, September 2, IS.j'i*. ruAN'sMrr for your inlbrnuilion copies of ; orrespondence between this Dcpartmcii' he .\'ar OtHic, wliich wil' place von in possession ot the measures which l:ave l'-^ ' and the v ar inme, wmcn wir place yon in possession ot tiie taken fi)r sending to Ihitish ("olumbia a detachment of the Royal Engineers ranlur command of a Held i fheer. cc to Vancou cr'^ p. T.YTTON. t., to (ioveinor PAl'KUS RKLATING TO BRITISH COLUMBIA. 53 foloncl Moody has been appointed to thin command, and lins iil>-o Ik-imi selected for 'hcortice of Chief Commissioner of Lands and Woriv-^ in British Cohmihia; arid I transmit •I copy of the instructions wiiich havi' li'cn achlresscd to Colonel Moodv with reference 'othc (hseliMr,u:e of his duties in that capacity, and specifyini^ the amount of regiment, d pjv and Colonial allowances to which he and the commissioned and noncommissioned ,illict'is and Sappers of'tiie detachment ari' entitled. I inav further observe, that u sliip has been chartered, and i-^ in course of preparation for the ccnveyanci,' of the larjicr portion of tisis detachme;if by the Horn; luit as the nassaijc will consume nearly four months, and it is desirable that you shouhl have the assistance and support of a part of this body without delay, both to represent the military force "' ''''"^ eountry and to fiicilitate those siw\eyiPi>- and engineering operations which ';; iiiav DC expedient to commence forthwitli, I have made arrangement- tor the despatch ,,f '20 men and an officer by the steamer which leaves this eountry for I'anania on the •j,!()t next month. I inive, &c. (iovermn- Douglas, (Signed) K. B. LYTTOX. &c. &c. Euclos\irc 2 in \(j 10. .SI!!. Ddwiiniir htrcct, Aui;iist 3, li Ix il'■^:n(>wIo(ltiin<; the receipt of yoiu' lettci' df tjin 27tli iiltiiiid, -tatiiin tli;it :i party i I.- ioncil ofHceir and iiicii nf tlio 'loyal Kiiginoei's will he held iu rea(riiu'.<.- tor IJi-iti>li Col Ddwiiiiiir Street, Aui;iist 3, 1858. ItiiiKi, -tatiiin that a party nf noii- 'mnii.- -.oneil oflicei> and men uf the Jioyal l^iiguioei's will he liekl iu reatriiie.^.- tor IJi-iti>h Coluiiihia, ■ aiii diivcteil l)y Secvctar,- Sir »■". IV Lytton to request that you will observe (o .Secretary Major- licneral Peel, that in the t-eleetion of the lield otHeer for the eouiiiiand of this (h'tachment. it will «i)f inc:'timahle value to the pr.ispero\.s foundation of the settlement that the choice sliould d'Volve "H a iiiau of ^ood judj^ment, possessing a kiiowleint('re.-tecl (jpi ion. I am to explain that the ohject for wliieh this ])arty of R lyal Kngineers is liriiisli Columbi:! is n-M. solelv military. tho',i'j;li clrcumstauees ue.iy e.impi i it to act in th:^t . hut for pr.ictlcal and seieutiHe purposes; that it will he required to execute siu'veys in those i'\r,,- 111' the emiufrv wliieh mav bi 0(jnsldered most eligible (or ^^ttlclnellt, to miu'k out rdh-tinoms "I '.11(1 for puhlic purpose's, to suggest a .site foi' the seat of Government and for a sea-port town. ■' iwint out where roads shiuild b;' made, and to reniler such geueial aid to tin- (joveri.L.r as may l)e "itliiii its competency. The otficer admlnlsteriii;., '' e Govinumeiit has been di^tiuel;, apprized that :liis Engineer force will be maintained at the charge of the Iiujiorial Treasury lor only a limited !*riod; that if required beyond such period, I lie Colony will be called ujioii lo defray tlii> C-Viiciise. ■vllt til 'jpacity ' Vide I'apiTs preseiiteil to both Hoii.>es of I'arliiiiiieiit liy Cuiiiiusinl of Ucr Miijejty. 2iid July ISM. G 3 liroii.-in CoMMIUA. rru'tomirr .' Enclosure 1 iu \o IC. sin, Doivnlng Street, •Inly b!, 18.J8, I AM directed by .Setn-ctary Sir E. H. Lytton to request that yon will cull the attention of Sccrc'arv Jfiijor-fJeneral Peel to the urgent necesity which apjiears to cxixt for afUirdiug the i--i*tanc" of a military force to the civil power in Vancouver's Island ami on f)ii> o|i])osite coast HI North Aiiii;ri?a, under the circumstances detailed in the annexed correspoudi'nec relative to the ilisoverv of gold in the Eraser's Kivcr District just presented to Parliament.* The Crown will be advised ti^ coustitute iuimecliately a Colonial Govermneut for the Eraser"* liivci District, iu connexion, as far as this may be practicable, with that already established in ill Viiiicimvcr's Island. There are one or two of Her Majesty's vessel of war at that island, ;uid this naval force will probalily be .-'oon augmented. Hut it appears to Sir E. H. Lytton lliat there should be in iiddition a number of soldiers ("say from one hundred to one hundred and nftv). who should, on the Governor's requisition, be inand'cd inland, if there should be oc.ca.-'ion for liicir presence, to obviate the cullisloiis which may be expected between the diggers for gold and the kduiis. Secretnrv iMajoi -General Peel will be best able to determine in what manner this force should be ■ Tiislicd : whctlier, for example, by moving the dctaclmient now established on the Ked River in X irtli Aiiierica, where their presence does not seem now to be required, or from the West Indies or vlitwherc. I am, Scf,. The Under Secretary for War, (Signed) H. iMKUiv.vLK. iS;c. &c. Kncliisut'' in No. Ill KncloKiiri' 2 in No. li; "^ ■■•>■' U III ?«■' 'f* rr-'— i. M I'Al'EKS RELA riN(4 TO HUITISIl COLIMHIA. BmriHii roi.i'Miii ^ mill that the cnut i.C iiiirvcvM of IhikIs tor iiriviitc iiidividiials must lie liorin' lij- the; liMiTha»er(itWiii. icIvi'H, niid he iiicliidpil in thr pricr dfthc land. Sir Iv Iii dcrtiri'h iiif to :'tiiti' thiil it would l)i' very disiriihlc it' iiiiiimjjct tiiis jmrty thiTo «,,, (ino iir tvvii '|i<'r-on,-i |HWhCHsinf{ .1 kiicpwh.'d^'c of ininerido^y, and capuhlc of rcpurtin^' iipiiti tlu' ;;oli| and ciiicciuily upon the .-iuliJL'i't of the IoimiI rc-'ourcfs wlilch Sir Edward lias liccn informed cxiji ,„ the Colony I am to rciiiiot that thr otfii'i'r 1 mnniandin^; thi' KiidinciTs may he instrm ;; ! .ii.-.; a, jitllc (li.<|irii\ a- po.-.-ililc shoidd he niadf of this military force; that it is the de.sire of Her MnJMtf. (ioveniiiicnt tliiit the inmiifrranln .should learn that their iiiterestn are ideatieal with tliocc of tV (ioveniinent. which should lie carried on in hiirtnony with and hy means of the people of the cnuntrv Hnd that therefore they are not to rely upon the militnry a.s a force for the lliaintunanc" of pciiw aiiii order anioufTst themselves, or anionif.st tlie Native Indians. Sir K. Lvtton cmisidcrs it iiidis|)eusal)ie, that liesidus their scientilic instrument:!, the Kiipni'tTi cluiuld take with them tcnt.», amis, Inidndintc revidvern, ainmiuiitioii, and such military ci|iii|)iiifiitsii,. (ieneral I'cel may dec in suitahlc for emcr^'cncies which may, thouf;h it is hoped tiicy will ikiI iiriw I am fuither to st;itc that, in cousciiuence of reports wliich daily reach this OtJicc, Sir K. Lytton i« most anxious that this foice should reach Uritish C'oliimhia with as little delay as possihlc; that he ciiiisidcrs that, in every point of view it will be preferahle that they should jfo round Cajii- Horn instead nf hy I'anama; and that it wmdd therefore lie advisalile that .Major-Gciicral I'eel !.lu)iiU eommunicalc with the Lords (Mmimissioncrs of the Admiralty with tin' view of enj^agin;,' the nccissirv freight. I am to adi! that Sir K. Lytton pro[iose8 to send hy the .same opiiortunity twcMu- tlirei' (if the pulilic iiHii'ci's whom he inleiidt> tii a|ipoint to situations in the Colony ; and that he will slmriiv ajiprize .Majoi-t ieneral I'eel whether they will he accompanied hy their families, and with the iiiiml«r of their servants. I am, t'^'c. The Under Secretary for War. (Signed) 11. MKiiiVALt, f 1 'i\ Ki.Jiwiiri' I III No. Hi. Enclosure .3 in No. 16. (Extract.) Silt. War Office, August 17, 1858. With reference to the correspondence which has passed relative to the force of Koyal P^nginecrs aliout to be despatched to liritisli Columbia, 1 am directed by the Secretary of Stiitc fur War to transmit i'l you, for the consideration of Sir Edward liulwer Lytton, the acconipiinying copy of a letter from th(,' Horse Guards, together with its enclosures, giving a detail of the proposed party, and of the pay and allowances to be grant(!d to the officers and men. Miijor-(ienoral Peel would recommend that the proposals of the Gei.,'ral Coninianding-in-Chiol should be sanctioned and approved, except as regards the Cha])lain and Commissariat officer, wbicli ap]K)intinents Major-Gcucral Peel does not consider the circumstances under which this detachment is sent to the Colony render necessary. The number of women :>iay be reduced to twenty. I am also to transmit the accompanying papers which lii.ve been received from the Iii.«pcctfir General of Fortifications, containing suggestions with regard to the equipment to be provided for the detachment : and Sir John Burgoyne has t'urther recommended tliat a photograjihic apparatu; should be added. Major-( ieneral Peel rc(|uests that you will infone him, at your earliest convenience, .vhethcr, tiikinj into consideiation the nature of the services on which the men will bo em|)loyed. Sir E. 15. Lytton i- of opinion that the articles of eipiipment specified in these suggestions will be required. I have, iVe. II. Merivalc, Es(|.. (Signed.) .1. K. GODl.liV. &c. Hcc i\o. Hi. Enclosure 4 in No. 1 6. Siu, Downing Street, August 18tli. 185S. 1 lIAVK laid your letter of the ITtli instant, with its several enclosures, before Secrotmy Sir E. IJ. Lytton, and 1 am directed by him to request that you will inform Secretary Jlajor-Cjcnorpl Peel that immediate steps should be taken for despatching the following detachment of Koyal Engineers for service in British Columbia: 1 Lieut. -Colonel, with a Colonial allowance of 1,200/. per annum, besides regimental pay, whioli should ill each case be borne by this country. 2 Captains, at a salary of 350/. per annum each," in addition also to their regimental p:iy. ;} Subalterns, at 250/. jier annum each, exclusive of regimental pav. 150 Non-eonunissioned otticcrs and men, with regimental and working pay, accompanied l\v I'n women, according to the scale submitted by Colonel Gordon in his letter of the lltli instant. The chaphMu ;-.:;.i C.immi.ssariat officer to be dispensed with ; but a ^Icdical officer .should he fcut. Of this party Sir I'".. .Lytton wishes that 20 non-commissioned officers and men under the mclcrT 01 a subaltern should be sent on by the mail steamer of the 1st September, via Panama, taking «illi them^uch instruments of survey as they may require for immediate use. m PAPERS KELATINd TO HRITISM ror-lMBIA. M Tho ('i|ni|iiiu'iil''. military und civil, of which ii li^t )\i\> hccii niiulc oiii liy cmlcr ot" the Iiifiwrti.r I (,,1 „(' l''iirtifi<'iitioiis. shmiM be i»t mice |irociiieil, yuhjii I to the iiltei;iriiinn ni:iile in if, it beinf; nder'loiHi tliiit tlic-'c iirticle- arc all dcciiieil liy tliiit olHcer tn he ah^tdiitely iiiili.-'|icii'eii«c-< incurred I'nr thlH .jiKHlitieii. it lu'iii^ iiiteiiilcd that the new ("nloiiy j-liall ultimately dct'riy the eiitirt -t of it!* (iubli^'linicnt. In the meanwhile. airaii^euientJ are hein;.' made with the Li>rtN ('<;i«5Mii»<"ioner< mI the TreaHiirv to advancu fund-', on the rei|ui^itioii of the (invcrnor, -"utlieicnt to cover the tww-' which this |iartv of I'li^rinci'l'.-' ."liiill occa-ioii f inde[ieiiilently. of course, of th(i>n;j:jiestion ot' Colonel Moody, it i' meets -.vitli the aiP|)roval of Majur- (ri'iteml Peel. The Under Secretary ol' State for \Var. I have, iic. fSigiied) H. Mkbiv.\lk. Hhiimm I'OI.UUHU ,r! ti Knclo8ure .') in No. !(!. MB, Downimr Street, Au;.nist 2.3. IH'jK, Kn. lusur.' Ct ift Nu. ir.. As you hiive bocsn selected ("or the office of Chief Commissioner of Lands and H"( i 1 British lias been Coliimliiii, Sir E. B. Lytton considers it desirable to place on record the arrani;enieiit •ettleil, on your accci)taiic,e of that ap[)ointiiient. It is to be distinctly understood. — 1st. That the Governor is the supreme authority in the Colony. That you will concert with him, ind take his orders as to the spots in the Colony to which your attention ns to .surveys, \c. should be iiimiwlinloly and jirincipally directed. That you will advi.se and render him all the assistance in your power, in the difficult situation in which it is probable that he will be placed for some time. i. The Governor will be instructed to rcj^ard your duties as special, and that they are not on any account to be interfered with, except under circuinstances of the gravest necessity, so that all possible conflict of duties may be avoided. On this point Sir HIdward feels persuaded that your character anil your Colonial experience are sufficient guarantees against any discordance with the (iovernor. 3. The Governor will be authorized to draw upon the Lords Commissioners of the Treasury for the payment of the expenses attending the surveying jmrty under your orders, if lu; should have no t'unos immediately at hand in the Colony for tluit purpose. You will, therefore, address your requi- sitions for inonev to him, if it should be necessary. At the same time it is well to understand that Her Majesty's Government count (m the immediate raising of large Revenues from the land sales and other resources of the Colony, sufficient to defray from the outset the expenses of the survey and of all other except the salary of the Governor. And you will aft'ord the Governor, thoiiiiti»fii'(l tliiit tlif utlicci' vim Inivr in i'liai|,'i' in tiillv riiinwidil til llic work lirt'iiri' lilm. iinil tliiit tlif imliiif Hrivioi' i> nut jinjiiilirnl liy jnnr return tn Kni^ianij Slmulil ym ili'-irr to Htiiy liinn^'r tiir tlir ixri'iitiim nl' work:* in wliicli yim iiro lU'tivcIv en;;,,);,,,! |^||,j to wliii'li villi lon^iilrr yonr jirc^cni'i' ("•'I'litiiil, ynn will runmiiiniiMti' tliiit »vi.«li to Her Mnji.n. , (iiiMTiinunt. Yon will iimki' it your riiro to I'nrnisli tlii^ l)i'|iiirtiiii'nt I'roin tiini- to liiiii' with lii!' n'|iort.-< of till' viirioiH rf-imriM'.H iiml ni|mliililii'n of llir I'olony, iiri'onlini; to tlii' inl'orin;itiiin »||j|| tlio I'xiTcinc of your fnnotioiii will iicrc.'surily ^ivi' yoii, uikI with ii view to tin- il;vi'ln|)ii|in'ni ,,1 the Korinl iiml inilii-tilal pro.-'iK'iity ami wclliirc of I lie Colony, — il.-< mini's it < 'i'licrii'-', the iiuulii, of itH <'iiiil, till' niitiirr of till' "oil, till' iniiritimc iiii|ii'oiiclu's to tlif Colony, if liclii iliitinct ti'um tli, iiliiiul. Tlii'si' ri'iioi'ts will be r-ciii to tlii- l)i'i)iirttnont tlirimjcli tlie Oovenior. I mil, Sic. Colonel Moody, IMC, (.Si};ned) H. Mi;iiivai,k. i' !• I I N<„i:. No. 17. Coi'Y of DKSPATCn from tin- Right Hon. Sir E. 15, LvrroN, Hnrt., to Governor (No.H.) ^°^'°'*"" Sill, Dowiiitig Street, Septciiil)cr *>, iSfiM. .i.j^en. In oiu' of tlif Dfspatclics, No. 6.*, which I addressed to you lust .Inly, it h;i- inentioned tliiit the detachinent of Royal l''iigiiieers which Her Majesty's GoVcinmtni consiiicrcd advisable to send to Hritish Colninhiii would be maintained at the Impiriil cost for only a limited period, and that if continued aflcrwards the Colony would iiavc to defray the expense thereof. I can scarcely doubt that you will have noticed that when I wrote that Despatdi I had not received those reports from you, nor was the public in possession of that general information, which ascribe to the Colony the prospect of raising a large nml early Revenue. This more recent intelligence has necessarily caused an aitcration in mv views with respect to the first charge for the Engineer party. I desire, therefore, to state, that as the Despatch to which I have above alluded was written before I was aware of the great prospects of the Colon}', Her Majesty's Government having sitice l)ccouu' apprized of that fact, feel that it would be impossible to impose on this eouiitiy the cliarge for the Engineers which, under other circumstances, it might have been proper it should have assumed. It is therefore imperatively necessary for mc to repeat, what indeed has been very frequently mentioned, that Her Majesty's Governtnent expect that British Columbia shall be self-supporting, and that the first charge upon the land saU's must be that of defraying all the expenses which this Engineer party shall occasion. Any expenditure which the 15ritish Treasury shall have incurred on titis account will have to be reimbursed by the Colony as v;>iy;i as its circumstances permit, and for which I have now to instruct you to make suitable provision. I have, &c. Governor Douglas, (Signed) E. B. LYTTOX. &c. &c. >'.!. If. Kmld.sun' 1. I'^iirlosiire 'i. No. 18. CofY of DESPATCH from the Right Hon. Sir E. B. Lvrro.v, Bart., to Governor /•NT r> \ DoVGI.A.S. (No. 9-) Sni, Downing Street, September 2, 18J8. I TUANSMiT to you iieicwith, for your information, copy of a correspondentv between the Treasiuy and this OHice on the subject of the Postal Arrangements betwcei! this country and British Columbia. I have, &c. (Jovernor Douglas (Signed) E. B. LYTTOX. &c. ^*.c. Kiirlcsiiri' 1 in Nu. 18. Enclosure 1 in No. 18. Sii!, Downinfr Street, Aii.u;nst 3. ISoS. I AM directed Iiy Secretary Sir E. R. Lyttou to request that you will represent to tlie Lord- Commissioners of the Treasury "that tlio estahlishnu'iit of the Colony of British Columbia, and tlie extensive immigration flowing, according to all accounts, into that country, make it very dc'^irabli that some fni'i' and regular Postal conununication should be formed between this Kingdoia and tlii Colony. Sir Edward Lytton therefore requests that the Lords Commissioners would take this subject j I'Al'KUS llKLATINd I'O lUlITrsir COM'MHIA. 57 ir arriMil.imililia; U liilly riimiH>iM|. I'tiini to r.nnlani! vi'ly ('ii;;a;;i'i|, miil 1 til Hit Mlljctv til t'mii' with lull ilirnnil:itl(ill wliii'i, ,(' «l:'Vfl(i|l(Mlll'm 111 •luM-il"', lllC HUllliu 1 d'HtillCI tVoui ill, III ihoir ('oii-l^>iljiHty ol' c'*tahli.^hin(( '•iiili niiiri. In v.iurant ii lai|{i' inmnilitiiri'. wl" '''''r li'mii Iinji'Tiiil ur Cnldiiial I'l'-uiin'cj, my l.iii.!> v.o;ilil lie ili-|i i| lo jinl'rr u i rvii'i' I'riiiii tlii-i I'diiiilry in Ilalil'ix or mmuu |iort in I'nniU'xiiiii wltli mir Nuilli Aliuriiviii CnluiiiiM H iiliiiiiiii;,', |iriii'iili!y, tlio oxi-liiiu; I'li-tiil M'rvicc I'm' .-n I'ai', iiiiil to iiivitr tciidii-' I'nr ii -ervii' • I'imih , to liovcnior ^ ■jii.iice to Cnli:!, in cxleiisidii, |inilialily. Ill' lliat iTi'.utly I', liilili-lu'il i(( Xa- -lui, :iii(l fiirilier to iii\ili' Miller* I'm" 11 ."I'l'vii'i' liPtuccii C'lilmi nr I'aiiainii iiiul N'mii'mivci'',- 1 •Iniid. Hut my l,niil< IlilVC I'cM^'ill til lirlit'VO tliat t!lO iunt nt' lliilt service WnllM In) VelV llir^ft', tlllll iawcoii I'liiiaiua aiul N'lllieniiver'rt l-laml iiloue lj ili^' e '.iaialeil liy tli' Admiralty iit imt K-s tlillll liHi.nnd/, a year. Mv Liii'il-" would not coiiridi :■ tlieiu^L'lve- wiU'i'illUv .1 in .»ai;elliiiiiii!j", under liie Jire riil cireiiiii- .liiii'iv 111' tlie I'oloiiy nt' liiitisli t'olniiiliiii, .-.i lai';;;o il eliai'L'e. llie m linle ol' wliieli tor -nine time lo eoiiu' wiiiliil lit'.ve tn lie det'iayed (Hit (if tlio hniierial re-oiiiri". Ill miditidii to llii^ there are other coiisideratiiiis, cnnnected \vlt!i llii' waul nt' liarimiir aceoiiuiio- latifin, and with the (ievclniiineiit of tlio cnal lield.-i iit Viuieoiiver'M [-land, whicli renin r it iirolia'de iliiitaciiiitinct alter some time miiy lie nmre udvauta^a'ou-ly entered into I'nr the .-erviee than iil iirc^ciit. Mv Lm'Js, tliei'el'nre, iiro disposed lo llie ojiinion. tliiil I'nr llie |iiiseiit it may lie niKisalile lo rorm :k' iV-tal eommuuieitinii between ihi-; eoiinlry iiu! l!riti-li Coliimliia liy the Uoyal Mail Steam riinpiiiiy to Colon, whose vessels leave .Souihaiuiitoii on the 2d and I7tli of each nioiitli, under the ■infract iil'diilv olli. IH.jl); that a tem|ioiaiy arrau;:;enient should lie made liy Her Majesly's Post- iiia-tor-fieiicriil with the I'ostma-ter of llie I'liited Slatns, I'or Iraiisniiitiii;^ the letters I'ruii Panama liy :lie United Stains mail sleaiiierH to San Fraiieiseo ; and that tenders should he iiiviti d liy jiuhlii^ iJvi'i'lisoiiiein I'nr iinrt'ormiii;^ the service hntwcen San Frauciseo and \'aneiiiivi:r"s IsLiiid. Mv Lords would not he (lis(iosed to limit tlie-n tenders ;;s regards fi/.o ol' vessels, or to rei[iM'.' I'nr ;lio present any extraordinary s|iced. It Sfciiis to them more exjiedienl to leave to iiarties who ni:;y tender the ojilioii o!' naming siiidi size :iii>l speed as may he nio-l saitiihle, as we'l I'or the |iiissenger trade as I'or the I'ostiil service. As tlip times when the Mnil Sleiiiiiers of the UniU'il >;iates leave and arri\e at I'liiiaaia do not ji'oiinl with tiie arrival and deiiarture of the vessels of the Koyal Mail Steam ("omiiany on the ii-torn side of the isthmus, inv Lord- would invite the I'ostinaster of the United Stales to reeon- ■i'lcr the times of arrival and de[iartiire of the United .St;ltes Mail Sleaiiurs h.twe^n r,mam:i and ."^aii Frani'isiM. In the event of satisfaetory teiider.s not lieiii_; mad.' in lids country for this er\lc;', mv '.ords viiiiild iirdjiiise that the I'o.-lmaster of the United .StiiUs slioiild Ik' reiiuested to make arraiifje- >Mils lit San Francisco l">r the rc;iular traiiruii-.-ion of lelleis from llience to \'aiiiMuver's Jslaml, I'r 11 limited time, siiiii'iise one or two years. I am to rei|iiist yon to move Sir !•". I'udwer Lyilon to l'a\o',ir mv Lords with hi- opinion on :'.,:■ siilijei't. If he should ujiprove of the coiir.-e wliieli their l.(irdslii|is siiL'';'est, innnrdiale instriic- :i'iii3 will he ;;iveii liy this Hoard to the l.orils ( 'oimiiis- 'oiier.J of the Admiialty and l!ie I'oslmaster- liiiiorul. td adopt the necessary iiieans for e.-tablishint;- this i o.-tal coinmiinicaiioii lietwieii this eouiitry "iHiriiisli (.'olnmhia without further delay. I imi desired to enclose two letter.s on this sulijeet from the Admiralty and I'ostmiister-Lieneral. I im, i^e. II. Meriviile, Esip, (Signed) Cii:u. A. IlAMir.TON. &c. &c. Kncliwuri' i in .Nu IK. lMlll)Cr2, l.S.^H. last .Inly, it wii- sty's Oovcrnmi'nt 1 at the Impc'ri;il i)loiiy would have [)tc that Despiitcli )osscssi(.in of that isini; a large awl m alteration in my tlu'reforc, to state, ef'ore I was awart ving- since becomr I this country the have been propei lie to repeat, what overnment expcri rge upon the iaiiJ uty shall occasion, tliis account will iiiit, and for which B. LYTTON, •t., to Governor 3teinber •_>, liW. i cDrrespondenci ingeincnts between B. LYT'lON. Siili.I'.ii.l. 1. Siili-Kml. a. Sub-Enclosure I to Ihiclosiire 2 in Xo. 18. MR, ct, August 3, I'^j''' epreseiit to the Lonl- ish Columbia, M\i ili'-' lake it very desiralvM his Kingdom and t'" vould take this sabjict Admiralty, Angn^t 17, 1S,58. With reference to your letter, Xo. 1-1,092 ',' of the l.'itli instant, transmitting copi.s of Iter? fiem the Colonial Oliice and the Pojtmasti r-General relative to a prii]iosed Po.-tid eiinmiiiii- '^itinn with the new Colony 'of Coliimliia, and reiiiicstiiig to lie favoiiri d with the opinion of my '.'Tils Coiuniissionei'.s of the Admiralty as to ihe lie.-l means of providing for the .-erviee, I am 'iimmnded by the Lords Commissioners of the Admiralty to refpiest you will state to the Lords tommissidiicrs of Her Majesty's Treasury that my Lords consider that tenders should be called for In ascertain v.liat parties are able and willing to undertake the service of carrying 11, r Majesty's Ms between Pauauia and Vancouver's Island direct, and they appreheiul that the ?ilulls should be H Siili-r.ncUisiiri' t to lOm-IosiircS in No. I*.!. . , 1 - ,'V| .' •..» u 5R PAPERS RELATING TO BRITISH COLITMBTA. (.'(ll 1 MP.I V. cuniid vii'i Iliililiix i>r .\;'v '^ c.ik, ,i.- :i iiicann ()•' diroctly conncctinj; the new Colonics witli Briti-h Nnjlli Aiiicric.'i. .Mv Liii-(1> ll I liiii'.-i'f liny ilutiuulty in jiniciirinL; ^odd anil .-iih.-itiiiitiiil iiarlii- 1,, ciiirv nnl the .sci-vicc'f'roiii Uaiiliix i.tc. The Secretary (ii'lhe Treasiuy. (Signed) W. (j. Romaixk. ''>•■'§■■■ '5 ' T&' Siili-Knc ■J to Kiiili in No. loMirc IS. No. I '.I. Tiipe-ll. Kiiclo...iiri', Sub-Enclosure 2 to Enclosure 2 in Xo. 18. My Lditi).'*, General Post Office, August 11, 1858. In returniii'; tiie enclosed letter, referred to me by your Lordships on the 7th instant, 1 he;,' tii ob.serve that I entirely .•oucnr with Secretary Sir Edward Bulwer Lytton in the o])inion that it will be very desirable to estiiblish as speedily as possible a good and regular Postal comuuuiicatiun with the new (.'olony of Pritisli Columbia, and I conclude that letters will be forwarded with the gretiteii advantage via Panama. By the ]>iickeis of the lioyal ^lail Steam Packet Company mails can be sent twice a month hetwct'u Southampton and Colon, and the passage of the Isthmus i.s eft'ected in a few hours. Between Panama and San Erausisco there is also a Postal conmnmication twice a moiitli, liv niraii^ of United States' mail jiackets ; but neither the dcpartiuc of those packets from Pauiuna nor tiieir arrival at Piuianiii is litted to the British Packet Service to and from Colon, and mails forwar iiut the very existence of till' nuiiieniMs Inilian population of the new Colony of Hritish Coliwiihia. It ap[iiars, frnin all the sourcus lit inl'orination open to us, that unless wise and vif^oroiis measures be adciptnl by tlie repre- jcntiitivcs of the Hritish Government in that Col my, the present ilan;;er of a coUisicin between the .ipttlers and the natives will soon ripen into a deadly war of races, wbieb eiiuld not tail to terminate, a* piiiiilnr wars have done on the .Vmerican continent, in tlie externiinatinn of the red man. The ilann;er of collision sprinp;.s from various causes. In tiie lirst place, it would appiar from Govcriuir J)oufrl!is's Despitelies as well as from more recent ai'i. units that the natives jrcnciallv fiitortiiin ineradicable feelings of hostility towards the .\inerieans, who .are now jiourinfr into Kra-ei's ami Thompsons Rivers i)y thmisands, and who will probably value Indian life tlure as cheaply as tluv liiivc, unfortunately, done in California. The reckless inhumanity of the ,i;old diir^ers nf that •late towards the unftn-tunate Indians is thus described in a recent ninnber of the Xnr Vorli Time'! : — '•The country is jierfeetly wild, and a deiisi' I'orest, full of warlike Indians: and, with tiie well •• kimnn injustice of the miner towards anytliinp; of the tjenns Indian nr ( 'hinaman. and tlirir ■• fiiulhiirdiness, they will L;et up a series of little annisements in the way ol jiisti'lliiiL;' anil scalping-, " (iiiiti' eilityins. It is the custom of miners i;enerally to sboul ;in Indian as lie wiuld a doi; ; and it ■' is i.'iinsidered a very good joke to shoot at one at long >liot, to see him jnmp as tbi' fatal bullet •• jiierees his heart. And when, in the spirit of retaliation, some pour Inr ;e(l relalivi; watches bis oppor- ■■ tunilv, and attacks a straggling white man, the jiapers at once teem with Ion;;' accounts of Iiulian ■' outniges. And yet the men that shoot down these poor Indians are not tin' ruflians we ar(' led to '• siipiiose are always the authors of atrocities, but the respectable sovereign people, brought up in tho '■ fi'iir (if (4od by pious parents, in the most famed locations for high moral ebaraeter. The Indian " and Chinese murders are more frcipicntly committed by men lirougbt up in the rpiiet country " viliaires of eastern .states, and who return looking as innocent as lambs. T'liere never yet existed •' jo b id a set of men on the face of this fair earth as a certain class cf the highly respectable " sovereigns of the states who find their way to the frontiers. It is nuicli to be rejoiced at that the ■' Yn'cr River Indians are of a seriou.s turn of mind, and can't take a joke ; and in their ignorance of " th" .•sports and pastimes of the great American nation may de|irive some of the ])ractical jokers of " their ' thatches.' " The necessity which is imjiosed upon Her Majesty's Governu'cnt to adopt mea.surcs to protect the Indians against this class of diggers is too obvious to re(|uire any further illustration or argum"nt unour part. But there is another a.spect of the question which is of ecpial importance. The Indians, being a strikingly acute and intelligent race of men, are keenly sensitive! in regard to their own rights as the nboiiiziues of the country, and are er|nally alive to the viilue of the gold discoveries ; no better proof "f which could be furnished tli:;n the /.est and activity with which large numbers of them liavi' onffastcJ in yrold dijiging. Governor Douijlas states that in the earlier stages of the ;xold discoveries they endeavoured to exjiel the settlers, who were then few in number, .and to obtain |ios-ession of the fruits of their labour. But he also states that while manifesting a deterininatioii to leserve the gold tiir their own benefit, they yet respected the persons and property of the whites. Other aceonnls ilcscrihc the Indians as " ((uiet an.l |)eaccful," but state that "as soon as a miner lays down his pick ■ an Indian stands by to make use of it for himself, and when he lays down the shovel for the pick the " Indian takes the shovel, and relimpiishcs the other implement." They are further described a.s liarini; learnt the full value of their hibour : in proof of which it is stated that they now (diarge five liollars to eight dollars a day, instead of one dollar, for tl.eir services as boatmen in navigating I'hompson's and Frascr's rivers. As, therefore, the Indians jmssess an intelligent knowledge of their own rights, and ajipear to be iletermined to maintain them by all the means in their power, there can be no doulit that it is c#.s. imth of life and proiierty, have been sustained both by the settler and by \\\v. Indian. We would 1""^ therefore, most respectfully to suggest that the Native title slioiild \)f reeogni/.eil in British Oihinibia, and that some reasonable adjustment ol' their idaims should be nitlde by the nriti-li Iroverniiient. The present ease resembles no connnou instance of while men I'lieroaidiing on tin- land- and njits (if aborigine- t'or bunting or settlement. It more than realize- the I'abnlous fend- of ( iiypboiis wd Ariiiiiispian.s, and no ordinary measures can be expected to overcome the ditlicultie- wliiib 'luty and interest require to be removed if British Columbia is to become an honourable or sidvan- H 2 HijiTisn 'oiiMnn. neiosuri' in No. I'.i. 60 PAPERS i{?:latin(; to British Columbia. RuiTisll Com Mill A. l!(l :-,'t'iii tliii! :i 'ri'( :ilv 1.1 bo No. 2(1. _ liotilil bo j rniiii.tly niui'ic oiiK'ts iiml their jicnplo, u.-j loyiil, just, iiml' iKiciij,. tiiircoii- iifivtion of the I?riti.~li Dciiiinion.--. It \vu:i!i ImMwci'II llio ilelcflitP^ («r liritish rmlluirity ;in:l tin ;is tliiit li/twccii AVilliiiin IViin luid llif ladiiuis df I'cnnsylviniia, l)ul lli:it more stringent liiws >\v»\,] li(! iiiiide to on.-nre its jirovisions lieinir iniuntiiiiied with better fiiilli th:in thiit wiis Ciiriiod eut on tlie |i!irt of tho white.'*. No noaiiiwil jiroteetor of ;il)orij;ine,s, — no iinnuity fo a petted chict',— n.. elevation of one ehief above anotlier, will iin.-wer liie iiiirpoi'e. Notbinu' i-liort of ju.loy in tlie vari'nis deparlnient.s of (iovernnient a lar<;e pmportioii of well-sclcteii men, nmrc or less of Indian blood, (many of whom could be found at thi^ I'od lliver,) who MJitlit ii„t only exert a >rreater nior:d intluencc! over their race than we could possibly do, but whose reeoj;nizwl jio.Mtion amoiri; the whites would bo some guarantee that the promised equality^ of races shuiild bo realized. The adoption of these or similar iiie;isiires would, we believe, propitiate the goeiiwiil of the Indians; and instead of obstructing tlie wnrk of colonization they might be made useful in,'nit,j in peopling the wilderness with prosperous and civilized comiuuiiities, of which they one day iiiijrbt form a jiart. I have, Sec. V. A\'. CUESSON, Secretarv. No. 20. Coi'v of DESPATCH from the Rigiit Hon. Sir E. B. Lytton, Bart., to Governor Douglas. (No. 1.3.) Siu, Downing Street, September 2, 18.J8. I HAVE to .acquaint you that the Society for the Propagation of the Gospel propose to send one or two Missionary Chaplains to r>ritish Columbia, with as little delay as possible, and that the lirst of these clei'gymen will probably proceed to the Colony by the freight ship appointed to sail on the 15th proximo. I have, &c. Governor Douglas, (Signed) E. B. LYTTON. ixc. &c. Copv of I)]': !.ni No. 21. No. 21, Com- of DESPATCH from the Right Hon. Sir E. B. Lytton, Bart., to Governor DoiCJLAS. (No. 14.) Siu, Downing Street, September 2, 18")8. Kncin.Miro. 1 TRANSMIT to you herewith, for your information, the copy of a letter wliicli 1 ■ have addressed to Colonel ]Moody on the siiliject of granting land, on certain conditions, to the non-commissioned officers and men of the Royal Engineers who are now going to British Columbia. 2. I take tliis opportunity of instructing you to report to me your opinion whetlicr it woidd be desirable tiir the interests of the Colony to grant remissions on the purchase of land to retired officers of the Army and Navy, as was formerly the custom in many of tlie Britisii Colonies. Care might be taken, if ever Representative Institutions are establislicd in tiie Colony, and arrangements are made tor seciu'ing a Civil List in return for the lands of the Crown, that the pri\ileges I suggest should, for a certain length of time at least, be seciu'ed to military settlers. You will report to nie yoiu' careful tmd deliberate views upon this sidijec't. :?. You will furnish me, at your early convenience, with a list of such otHcers for Civil situations, together will', the rates of pay whicli you think they should receive, as the t'ireumstaiiccs of the Colony shall, in your opinion, render it desirable for nic to send from England. I shall be hai)py to assi>t ycu to the best of my ability in making jiroper seleelions ; for I think that, considering the great niunber of foreigners who are resorting to Biitish (^ilumbia, it is on every account pi\)per to give encouragement to Englishmen of character and respectahiiity to go out to tiie Colony. -1. You will report to me officially, by eadi successive mail, and by every safe oppor- tunity that presents itself, on all matters of interest and importance to the Colony. At FAPKUS RELATING TO HllITISll ((TLlMniA. r,i to Govcinnr . LYTTON. to Governor rtaiii conditions, nrcpcnt Hor M.njc-ty's Govrrnnirnt only rccrive >iifh iiccoun'.s tliiMUL'h tl;;' new: p;i[H rs, (ir iliroiiu'li ''■ t'o'-i'-tcsy oi' tlii.' Hiuli-ion'.s \y.\\ C>)ini';inv iind privati' individuals I havf, \c. Governor Doii-lus, (Si-nod) K. 15. LVl'TOX. &c. cSjc. C iii.i Mm A. Kii('l(isurions cll'cet, could take place until you were yourself commissioned as (iovernor. Tin.' formal proclamation of it nuist therefore be made as early as possible. .\ccor(ling to the opinion of lawyers in general, the colonists of a territory circum- stanced like British Columbia carry with them the law of England, so far as it is applicable :othcirciirninstances. y\cts, therefore, done in accordance with the law of I'lngland, will iioHdistaniially legal, idtliough done before tmy regular iiuthority was constituted there. But your own special authority to make regulations, or enforce them, for tlu' j)res(.'rvation t'lK'ace :ind orcler, could only be created by the act of the (Jrown, and camiot commence jntil you reeei\'e their commission ; you will theref()re hiive, doubtless, been compelled by I :i'.c necessity of the case to perlbrm many acts, in accordance with the spirit of yoin- ".^tractions from myself, and my predt eessois in this Department, but for which strict .tital authiirity \ as wanting. It will be necessary to cover these by a Proclamation, having force of law, under the power with which you are invested, ti) indeiimify yourself iudtiiose who have acted under yoiu' authority froiu legal proceedings \ou are therefore iiuthorized to issue two Proclanrations, of the same date with yoiu' i-'iimption of the Government. The one, which is ratiier matter of solemn form than of id)solute necessity, to declare tc law of England prevalent throughout the Colo ,s, Mdiject, of course, to your own ["owcrof modifying it by laws enacted by yourself when abscdute necessity lequires. riic other, to indcir.iiily yourself and your subcu'dinate oflicers in manner ai'ore?aid, li^cnd you by tl'j present mail forms of botli tlie-e Proclamations, which you will be * to ada])t to suit the exigencies of the case, if any change is required. Almost the (irst ]ioint to whiidi yoiu' :ittention will be directed will hv the estaldish- -■cntof a Coiut or Courts of Justice, with the necessary macliiuery f<>r the maintenance I 'Haw and order. H 3 No. 22. Dnrlifiitrc ] . IJM'ln '^rl_ i 62 PAPERS RELATING TO BRITISH COLUMBIA. .1, rt; ! ;.;.u; tl) III Bkitimi IKt Majesty has issued a Commission to Mr. ]5ci|;l)ie, wiio will proceed by this orncxt CoLtMiiiA. packet, as .Ju(if^<' of Hritisii ('oluml)ia. ills title and duties have not been more particularly speciHcd, because they must 1„ (ielined by yourselfi after consultation with him, by such law as you may "enact pn,. vidinjij for the administration oi" justice. If will also be essential that you should constitute Juries; but as this is done by 1;^ in Vancouver's Island, you have a precedent ready at hand, and no further instruction are necessary ti'om mc. Mr. Ueijbie has been fully instructed, that, although invested with the very inipoitaii! office of Judye, he will nevertheless have the kindness, for the present at least, to kn,\ you his general aid for the compilation of the necessary laws and other legal Imsjiu-v. This is the more proper duty of an Attorney-General ; and, should the Colony advaiifo, as seems at present possible, the services of such an officer will no doubt be urgcmlv recpiired. But I have not yet thought myself authorized to advise the Crown to appdiilt one, until I hear from yourself as to the civil functionaries best adapted to the pioct requirements of the Colony. I trust to receive your suggestions by the lirst opportuiii;,, From such intelligence as hns reached me of the state of things in California, I liave lie i led to believe that it would be of great service if the rights of miners could be hriuHv established and ik'tined beforehand by law, instead of being left to grow up by nuic custom or accident. Hut this is not a subject on which I have the means of assistiii;; you. I'ossibly you may find that such a body of regulations might be drawn up witli the aid of a few intelligent persons selected from among the miners themselves, and in whom that body would have confidence. With these few observations, I leave with confidence in your hands the ])owcr- intrustcd to you by Her Majesty s (iovcrnnient. Phcsc powers are indeed of vcrv serious and unusual extent; but Her Majesty's Government fully rely on yourmodcratidii and discrcticm in the use of them. You are aware that they have only been granted in so unusual a form on account of the very unusual circumstances which have cidled intc^ being the Colony committed to your charge, and which may for some time continue tn characterize it. To use them, except for the most necessary purposes, would be, in truth, to abuse them greatly. They arc required for the maintenance of British law ami British habits of order, and for regulating the special questions to which the condition and employment of the population may give birth. But the office of legislation, in the higher and more general sense, should be lefl for the Legislature which may be hereafter constituted, and which Her Majesty's Government hope will be constituted at the first time consistent with the general interests of the ( 'olony. And you will above all remember that the ordinary rights and privileges of British subjects, and of those foreigners who dwell under British protection, nuist be sedulously maintained, and tlnit no innovation contrary to the principles of our law can be justified, except for purpose- of absolute and temporary necessity, I will only add, that although it has been ju saiil Ait in Hriti.-li Cdbinibia ceilain Acts which were passed in tiic 4.'iii ytnrt III- late Majesty Kiii^- (nM)ru:c tlie Tliii'd and in tiie second year of His late Majesty (iciiri.'C llif Fonrtli, and iiy wliirli tiic law of Fppcv (."anada was extended to certain jiarts of Aniciieu thirii:i mentioned, slioidd eca-^e to have i'oree in llie said Colony of iJritish Coluini)ia, or to lie apiilii'iilii' tiiereto : And whereas sncii ])roelaination of the said first-inentielaiined hv tlie (ioveninr cit' Uriti-li C'ldnniliia, tliat the Civil J Criminal Law.' (if En};hind, a." the rianic e.xi-ted at the [date of tlie .-aid proelaniation of the naid lot], and •^1) far as they are not from local eiremn.-taiiees inapiilieable to the Colony of liritish Kluiiiliia. arc and will remain in fidl force within the said Colony till such time as they shall be Jtorcd bv Her said Majesty in Her Privy Council, or by me. the said Uovernor, or by .such other I ,,|,|,iilve Authority as may hereafter be Iciially constituted in the said Cchuiy, and that such laws r\a\\ he administered and enforced by all proj)er authorities, against all persons iiifrin^fiuf; and in hioiir of all persons claiming protection of the same laws. Enclosure J in No. 23. Herman Merivale, Esq., &c, &c. 1 am, &c. (Signed) E. HAMMo-sn. H 4 BlilTl-M f ■ - Ml-.l.V. Enclosure 2 in Xu. 22. Proclam.vtion, having the Force of Law, to indemnify the Governor and other Officers for Acts done before the Establishment of any legitimate Authority in British Columbia. WllKUEAS large numbers of Her Majesty's subjects and others have resorted to and settled on the irritorv now comprised within the limits of this Colony, before the establishment of any settleil !unn of Government therein, and it has been necessary to take steps for the establi.shmi^nt and iiiiiinteniUicc of peace, order, and good government, and for the protection of the rights of Her Majc-ty. and for the collection of u Revenue from lands belonging to Her Majesty, some of which steps liiiiy not have been fully authorized in point of law : And whereas, by a Commission under the Great Seal of the United Kingdom of trreat P.ritain and Ireland, I, James Douglas, (jovernor of tlie Colony of British Columbia, have been authorized, by Proclamation issued under the Great Stiilof the Colony, to make laws, institutions, and ordinances for the peace, order, and good govern- ment of the same. Be it therefore known to all whom it may concern, That I, the said James Douglas, Governor iif Britisli Columbia, do hereliy, in virtue of the authority aforesaid, enact and proclaim that tvorv net, iiintter, or thing bona fide done and performed for any of the ])\u'poses aforesaid before the Jate of this Proelamation, by me, the said James Douglas, or by any other peretm or persons acting nndcrmv authority or direction, shall be deemed to be and to have been valid in law ; and that I, the said Jimies Douglas, and the said other persons, shall be and hereby arc severally and jointly iudenmitied, freed, and discharged from and against all actions, suits, prosecutions, and penalties whatever in respect of any such act, matter, or thing, and that the s.amc shall not be questioned in any of Her Majesty's Courts of Civil or Criminal Jurisdiction in this Colony. .Vnd Ido further enact .nd proclaim, that any declaration in writing under the hand of the (iovernor oviifficcr administering the Government of British Coliunbia to the etfect that a.iy act, matter, or tiilnj specified there'.'i was done or performed for any of such purposes or under any micIi direction or authority u- ^foresaid, shall, for the purposes of this Proclamation, be conclusive evidence of the niatters stated therein, and shall be a sufficient discharge and indemnity to all persons mentioned in the .said declaration, in respect of the act, matter, or thing specified therein. Enclosure 2 in No. -'i. No. 23. Copy of DESPATCH from the Right Hon. Sir E. B. Lytton, Bart., to Governor Douglas, (No. 17.) Sir, Downing Street, Septotnbor 2, 18.'58. I SEND for your information copy of correspondence between this Department and the Foreign Office, touching certain queries addressed to Her Majesty's Minister tit Washington by the Secretary to the Pacific Mail Steam Packet Company. I have, Arc. Governor Douglas, (Signed) K. B. LYTTON. iScc. &e. No. -23. KiK'losurc lOnt'lnMiri' H Foreign Office, July 26, 185H. I A.M directed by the E.arl of Malmesbm-y to transmit to you herewith, to be laid before Secretary Sir Edward Bulwer Lytton, a copy of a Dcspati'h from Her Majesty's Minister at ^^ashiiigtou, enclosing a co|)y of a letter addressed to him by the Secretary to the Pacific Mail Steam Packet Conqiauy on the subject of the juri.sdiction of the Hudson's Bay Company. Kiu'losuri' 1 in No. T.i SuIi-KiK'losure i '■' '! I; ! 1- '■ ni I'APEUS I{KLATlN(i 'I'O r.lUTISII COLUMBIA. ui liiiiri-ii COI.IMIIIA Snl,-i: lnlo-lU'C III i:i,ri. ■Mv I (lltl), Tin; XllliUlt, ilClMlllll.lllV 111 2 letter li.is liecn ;e!ilre-.-('i1 te Hosloii, .iiilv 12, l^;;s. ly Mr. \\ . lliiil;,'e, ii rcsiiectiilile iji t \\'!isliin;;tiiii. im lieliiilf of tlio I'iirific Mail Sto;iin ^'.liiii ('niniwiiy of \cv,- York, wlui i], :i e-l:ilili^li reijiiliir sl. ;iiii cdim 4!)lli i)anill X'litioiiiai, C'^ire t.. miiniratiiiii t)i;t\veeii Culiforiiia and Her Majesty'.-* I'o.-ser'^iiiiis iiuilli ui tli,. I liavc not a>siiiiie(l llie ves|iiin8lbility of nivinfr an ofliciaj answer to (|Mestii)ns invdlviui; tlie jmi,. (lietiiiii of tlie UnilsonV l!ay ("nnipany a >ul)] hieet witli wlileh 1 n]iei-fectly aei|uaiTiteil. I lim, lie-e iniiinne 1 iiur I.iirds np IriH. |ii ni tne hiiMTi ol !• riser fur tlie ciinsideratiiin ami ilecislun of Ilcr Mnjesty's (iDVerinneiit. lieiMi Inriirnieil from aiiotlipr ipiartcr nf tlie diseovery ef ^mlil do 111 of the ni.-li of l:il)iiiir"rs to this new lield of euler|iri/. Slioiilil the n porls of mineral wealth in tlie l!i-ilisii territory Jirove to lie well fmindeil, a tiivlmjcu d ailveiiliiroiis |,o|iiilation will slim tly lie eolh^eted, ill dL-poM-d to siihinit to the autiiority of tlii^ !Ind~on's Hav Coinpaiiv, and inip;itieiit topi ■ 1 ■ ■■ nt lea: t of tin dits self ijovonm lent which thev have exereiseil ill their prp>iiiiis ])laees n till if aliode pi'o] crty ami Tlr le inliiix 01 eoiisnmer ill i-.s will lie attended iiy the development of traflie, a.i 1 ihe eitizeiis of tlic iiee.dihoiirinj: states v.ill sec with reluetaiiee the pro thoiiLrh, I doiiht not, those cxelnsive rights won ilits of trad Id be e iiionoi)olise( cxeruisei 1 libcrallv lor (1 by a lir'ti.-li covpHratin) .en;-li't i,f Ident eomninnitv. Finallv, til.' inin.iirriition of laive bodies ol' avnied and reckless men can hardly I'a'l I i proilu. eollisions wi th the li to I le aeeomiianuM Ibv injii.^tiec to tliat 'd to llie (loverniiient of the ('•.;in[iany by a loni; course of jiidicinns treatment .'til !'i;i.':il|. Should the ahnir.lanee of ])ivei,iiis iik-1,i fall bi low e\ppetation, still tlie present eMii^ratinii will prohahlv lav the b.isis of an n_n-iciihnrid state, and open the cinmtry to pn);j;ri',?slvc ^otilclllellf. 111 eitlii'i' ease, it i.s apparent that the British Pos'-essions cannot lonj; be niaiiitaiii>'d ;i- a pre for the trade in fn 1 that the jnrisdietion of the Company niiist be dissolved, or restricted tii ess 8n,sce:it tilili.' of iirolitaiile cnltiin.'. The Karl of Malmo.sbury, &c. &c. J h; (Signed) cS:e lAPIEIi, CoPvofDESi :-:f'' If: \\ t fl !•. JIy Loud, Washinf^ton, •hiiy •>, 18.'i8. I AM requested by the President of the Pacific ^Mail Steam Ship Company to nhiuin tlio following; iiit'orniation, viz: — 1. AVliat lleveiine powers are granted to the lliiilson's 15ay Comiiany by the P.riti>h {Idveniiiicni, and what rcscrvi d by the (ioverniuent ? 2. Are there any jiriviL'ges or facilities graiited by the treaty stipnlations or otherwise to Aiiarican vessels in the ports of Vancouver's Island and the llritish J^osses.-ions on the Pacific V 3. Is there any other British ]iort of entry besides '• A'ictoria"' on Pugct's Soiiinl, and wlrit ai' the port charm's and ionniigc dues? 4. What regulations, if any, cmild be made in favour of a line of American sleaniors iiLTulaily running between the ports of California to l'^--i|iiimalt!i or Fisgard, a good harbour n.ar \ i.ldiij. which latter is a Jioor one 'f 5. Are there any ditlicnlties in American steamers touching re;:nlarly at l-scjuimaltii, aiul wli' has jnrisdietiim there, the British (iovcrnmeiit or tlu! Hudson's Bay Company':' The above is a rich and powerful Company, having 12 or l.'i line steamers in the I'acilic, iniJ liavt the contract fur curying tlu' mails of the United States from Panama to San Francisco, and I'r.ii: th; latter place to Oregon and Wa.shington. • Their object is, if ciiciimstanees admit of it, to establish at once a regulai line of steaniers lutuccii California and the British Possessions to the northward, including \'aneonver"s Island, tliaa wliicli. jirobahly, nothing wcnild tend more rapidly to developi- the resources and increase the population oi till se territories. I shall feel obliged by any information your Lordship can give me on the above points, .-o liir ns voii feel at liberty to do so. Iliave, &c. The Lord \apier, (Signed) Wm. Hodgi:. &c. &c. Iju'lofiiri' 2 in Enclosure 2 in No. 23. Downing Street, August 2.5. IS.'iS. r^m, JJowning Street, August L'.'j. ip.I''. I AM directed by .Seerctavy .Sir P.. P. Lytton to request that you ^vill iiifnnii l.nnl .Mnb.iic.-linry that the following answers may be given by Lord ISiqiier to the (pieries ailiirc-Jid ti- him tiy tlu' Secretary to the Pacitic Mail Steam Packet Company, on the ailiiirs of ISriti-li Coliiiiilii:i. as commiinicated in your letter of the 2(ltli ultimo. | 1. The llndsoii'.s Bay Company have power over the Land Kevenne of Vancouver's Isiaml, laiJi' | (he restrictions imp.ised by their grant of the island. They have no other Kevcnue power of am ' kind. PAPERS RELATINCi TO BRITISH COLUMBIA. 65 ;. The stipulations contniiicd in trciities can be iuL',inL(s. You will long ere this have received instructions not to close l-'rascr's Uivei', nor allo- cate for the Hudson's Bay Company privileges of exclusion which they did not really possess, and which will no longer be subjected to the misunderstanding which I regret to have observed. Governor Douglas, &c. &c. I have, &c. (Signed) K. B. LYTTON. No. 25. HniTi-ii t Ul.l Mill'. Copy of DE^ PATCH from the Right Hon. Sir E. B. Lvtton, Bnrt., to Goveriinr Douglas. (No. 20.) Sir, Downing; Street, September IG, 185M. I HAVK received your Despatch of the 26th July,* No. 'M, with its enclosures, reporting the public measures which you have adopted for the Government of British Columbia since the 1st July. It alfords me much satisfaction to signify to you generally the continued approval by Majesty's Government of your proceedings in the diHicuIt position in wliieii ymi kvebeen so unexpectedly placed ; but there are a few points mentioned in your Despatch on wiiich it is necessary that I now shoidd touch. First, however, I request that you will convey to the ollicers commanding Her Majesty's iliips " Satellite " and " Plumper" my best acknowledgments for the cordial and practical assistance which they have rendered to you on all occasions, and express my persuasion I tliattlicy will continue to afford the same whenever the service on which they are engaged till admit of their so doing. 2. I notice with regret, though not with surj)rise, that boats, &c. have ascended Frascr's River without a Customs' permit, or the prepayment of the regulated mining (le. 'tis certainly much to be desired that you possessed a force adeciuate fcir the protection jfthe Revenue laws of the country, but it is totally impossible f>ir Her .Majesty's Government to provide you with sucii a llirce from England. The most that we can do s, to supplj you with suitable and well-recomniended public oliiceis, whose experience iB(l capability will enable them to assist you in raising a force in the Colony itsdf, capable ofprescrving order, and causing the law to be obeyed. On this point I ha\e to ()bser\e, tlatforthe infraction of the Revenue Laws, and for all ordinary purposes, the use of military force, even if this countiy were able to supply it, is full of danger, and better Ml resorted to unless in case of absolute necessity. 3. As to the "lawless intrusion of foreign ships and people into Eraser's River," if I Itorrectly understand this expression, you will have received such definite instructions No. it. No 2-.. • ra-f i-2. I I \\^i l)!:i I? 66 PAPERS RELATING TO BRITISH COLUMBIA. i! m IJniTisii from me timt it leaves mc nothing to add on this point, unless it be to refer you CoiiimiiA. particularly to my Despatch of the l6th July, No. 1 * rag>^ IJ. • I'agc 17 Ko,2G, ' Page 53. 1. 1 have to make the same observation with respect to your statement, that you have endeavoured to protect the trading rights of the Hudson's Bay Company, as hy law established. Those rights never existed to the extent which you appear to have supposed, and by the time this Despatch reaches you they will hu e ceased altogether, it tin' instrument forwn>-ded to you tor that purpos has be' • nit nto operatio i, as I trust it has, without del . .'). [ entirely approve the course yiu are ''-.luwriU; witii rospcct to applications for Crown land, and tor the prevention of Squatt'ii^ 'Vtn- • .-ty of Royal Knginecrs which has been despatched to British Columbia w.il r\ ' j\a f'"im much anxiety on this score, as tiiey will immediiilely on their arrival proceed to , :, v and lay out lands for sale and occupation. 6. I approve your nomination of iVIcssrs. Travaillot and Hicks to be -Assistant Commissioners of' thrown lands at Thompson's River and Fort Yale, also of Mr. William Henry Bcvis to be Revenue officer at Fort Langley. 7. In an earlier Despatch, No. 8, of the 14th August,* I mentioned my intention of selecting a Collector of Customs for British Columbia. I have now to state that I have appointed Mr. Wyinond Hamley to this office, with a salary of 400/. per annum. He will proceed in the "Thames City" in the course of a few days. With respect to offices gonerally, which the public exigencies niav compel you to create, and for which selections should be made in England, I Imve tn observe that F consider it of great importance to the gene; d social welfare and dignitv of the ('olony that gentlemen should be encouraged to c> ine from this Kingdom, not as mere adventurers seeking employment, but in the hope of obtaining nrofissional occupations for which they arc calculated, such, for instance, as Stipei' iary Magistrate* or Cold (commissioners. You will, therefore, report to me, at your early convenience, whether there is any field for such situations, and describe as accurately as you can the peculiar qualifications which are requisite, in order that I may assist you by inakinjj he best selections in my power. It is quite natural that the servants of ilic Iliulson'i. Bay Comi)any siiould, from their knowledge of business, their abilities and service?, have a very fair claim to consideration and share in the disposal of the local patronage. But caution should be observed against yielding to any appearance of undue favour or exclusiveness to the servants of that Company. You will carefully remember that the public interests arc the first consideration ; and that it should be known that employment in the public service is as open and fair in British Columbia as in every other of the Queen's Colonial Possessions. For these reasons it is still more desirable that careful appointments should be made in England. 8. 1 have to thank you for the newspaper from Victoria. It furnishes useful and interesting intelligence, and I shall be glad if you will occasionally transmit to inc any other newspapers which contain matter worthy of attention. You will not fail to write to me fully by each mail, as Her Majesty's Government wish to know every thing that passes of importance in British Columbia. I have, &c. Governor Douglas, (Signed) E. B. LYTTON. &c. &c. No. 26. Copy of DESPATCH from the Right Hon, Sir E. B. Lytton, Bart., to Governor Douglas. (No. 22.) Downing Street, September 23, 1858. REKEuniNG to my Despatch, No. 7. of the 2d instant,* I have the honour to transmit herewith a Warrant under the Royal Sign Manual, authorizing you to pass Letters Patent under the Public Seal of British Columbia appointing Colonel Moody to be Chief SiH, to you herewi Patent under Commissioner of Lands and Works. Governor Douglas, &c. &c. I have, &c. (Signed) E. B. LYTTON. Copy of a DE.-. PAPERS RELA' r the expedition, and the time Sjuired for preparing the vessels or sea, a delay unavoidably occurred that must have rased you an anxiety in which I fully sympathized. Instalments, however, of the force, wsisting of twenty and tvwlve men respectively, under Captain Parsons and Captain I 3 riniTMn L'Ol.l MIIIA. No. 10, " r.iR0 27. i; 70 PAPERS RELATING TO BRITISH COLUMBIA. ' ' !t' ■\--^M •III ! BmtTiMi Grant, were Kngland, havin;^ on U ird H!) men of the expedition, 'i'his vessel will he followed in a few days hy the " Uri^cis," laden with stores, &c. belonging to the party ; and a small niunher of men and some additional stores will he sent in the " Euphrates," which is expected to sail in alwuta month's time. Colonel .Moody, who commands the expedition, will proceed to Hritish Cohunhia vhi Panumft on the .'JOth instant, to l)c in readiness to receive the main hodyoi Engineers on their arrival. 5. Having tluis reviewed the military assistance which I have afforded to you, it only remains for me to indicate the policy to be observed in its employment, and particularly to explain to you more fully the objections which I pointed out in my ' r»«c«3. recent Despatch, No. 20. of" the Kith ultimo,* to the use of this force in the collection of n'venue. 6. The employment of a royal military force for the purjiosc of compelling the pay- ment of taxation would in itself be undesirable, and fraught with danger, even in ordinary cases and amidst the most (U)cile population. And it seems to me that objections to such an employment are still stronger in the case of an impost like u licence for gold digging, which would become s > odious as to necessitate abandonment if it led to dis- putes lietween the adventurers and the military, which might terminate in bloodshed and loss of life. A military force should he considered primarily as intended for the purpose of resisting foreign aggression. Its employment in the internal control of the couiinuiiity must be regarded as strictly subsidiary to the ordinary means of enfbrcing obedience to the orders of the civil power, and should be resorted to only when those means have, through unexpected circumstances, been found insufticient. The (rovcrnor of the Colony should on these principles use every endeavour to render the authority of the Civil Government independent of his military force, and thus be in a position to Icel the full advantage of the moral support which the military artbrd to legitimate authority in proportion to the rarity of their interference. On the other hand, nothing is so important to the peace and progress of the (Jolony us a well-organized and effective Police ; and I find that a Police is always feeble in Cohmies that have been accustomed in every dis- turbance to relvupon soldiers. It is by the establishment of this Civil Constabulary, wi*"- a sufficient stat^' of Stipendiary Magistrates, that I would wish the Colonists to co-operate with the (jovernmcnt m the retpiisite protection to life and property. Hence I have sent to you the most experienced and trustworthy person I could select amongst the Irish Constabulary (a body of men peculiarly distinguished for efficiency), to serve as Inspector of the Police, and to carry out your Instructions for the formation of a civil force of that character. You will not, however, suppose from the above observations that armed force, where required for its legitimate duties, will fail to the defence and security of this new part of Her Majesty's Dominions. A naval display of the protection that Great Britain affords to the settlers is, no doubt while I write, already in your harbour, and in sending to you a military force more than that which you state as sufficient I have to add, that should the chance of collision with the Indians, or other elements of danger, need in your judg- ment additional reinforcements, and you can discern the means by which mere soldiers of the line can be kept from desertion and rendered securely serviceable, your wishes wl not fail to meet with earnest and ready consideration. 7- Colonel Moody, however, agrees with me in assuming that, in a population of gold diggers, there will be always enough disappointed adventurers in the prime of lite who would enlist at need under the British Flag, and that, having secured able officers, recriiitj could thus be raised on the spot, more rapidly and economically than military aid could be sent to you from England. With this view (on the correctness of which I should be glad of your opinion> T have sent to you, under Colonel Moody, a few practised and skilful men for cavalry and artillery drill, who are intended to form a nucleus and frame- work in the Colony itself for such additional military force as may be required. 8. It is my object to provide for, or to suggest to you how to meet, all iinforeseeu exigencies in the (polony as they may arise ; but my views arc based on the assumption that the common interest in life and property will" induce the immigrant,, to combine amongst themselves for ordinary purposes, and that, when danger needing military force arises, they will readily gather round and swell the force, which will thus expand in pro- portion as circumstances require. From England we send skill and discipline ; the raw r September, crnor, ImvinB cr Miiji'sty'! :ie instalment » \)v able niw njf on iKird 111' " Brii>eis," en and somt il in alKJuta ed to Hritish iimiii bodyut j(l to you, it loynicnt, and L'(l out in my tlic collection ;lling the pay- en in ordinary , objections to cence for },'old it led to dis- bloodshed and or the purpose he coninmnity 5 obedience to ineims have, • of the Colony y of the Civil to (eel the full e authority in is so important c I'olicc ; and d in every dis- stabulary.wi^'- s to co-operate ICC I have sent )ngst the Irish vc as Inspector ,1 force of that -•d force, where liis new part of Britain afPords sending to you , that should in your judg- lerc soldiers of our wishes wi! diition of gold nc of life who itlicerp, recruits tarv iiid could :h I should be practised and eus and frame- lived. all unforeseen the assumption it, to combine military force expand in pro- iplinc ; the raw PAPERS RELATING TO HRITISH COLUMBIA. 71 material (that is the mere men). " Colony intended tiir free institutions, and on tlic borders of so powerful a ueigldiour iis the I'nited Stales ot' America, should learn betimes „t itself to supply. (). With the scanty informatinn which Her Majesty's (Jovernmenf possess of the nature ol the clinuite of Hritish Colinniiin in the winter, in the abseni'e of any experience 'IS to the lunonnt of population which may remain during that season at the digginirs, thev are unai)le to judge what degree of activity in mining operations may then prevail, what conseipuntly may l)c the chaiu'c during the winter months of armed fruys or col- lisions, and to what extiiit Revenue and Colonization maybe then making progress. Hut they iuc led to anticipate that in the winter there must be that pause m immigratiou 40(1 its concomitant ditliculties which may allow the preliminary settlement of ipiestions (if law and ])olice, and enable you to comnumicate to them the probable wants and nrotmhle resources of the Colony; so that when, at the return of spring, iinn\igration and attivitv reconunencc, all suitable preparations may liave been made, and the safety and ikvcliipnuiit of the (,'olony (idiv and deliberafoly provided for. It will be very essential, for this purj)osc, that you should instruct Her Majesty's CJovernment by tlii' best coiijic- tmc that you may l)e able to arrive at, of the probable Revenue on which to calculate; since, in proportion to that Ucveiuie, nuist be the rapidity with which the Home Govein- inent can aid in the growth of the ( '(d(my. 10. Ueferring to the laudable co-operation in the construction of the road which has been evoked by your energy from the good sense and public spirit of the nuners, I rejoice to sec how tidly that instance of the zeal and intelligence to be expected fi'oni the volun- tnrv cflbrts of immigrants, imiting in the furtherance of interests common to them all bears out the principle of policy on which I designed to construct a Colony inteiuled li)r *elf-gnvernnient, and trained to its exercise by self-reliance. The same chiuacteristics which have made these settlers combine so readily in the construction of a road w ill, I trust, under the same able and cheering influence which you prove that you so well know iiow to exercise, cause them equally to unite in the f()rmati(m of a Police, in the establi.-li- iiitnt of law, in the collection of Uevcnue, in short, in all which may nuike individual life secure and the comnumity prosperous, I trust you will assure the hardy and sjiiritid men who have assisted in this preliminary undertaking how much their conduct is appre- ciated by Iler Majesty's Government. 11. I feel thankful for the valuable services so seasonably and oHicientlv rendered by tbc " Satellite " and " Plumper." li. I cannot conclude without a cordial expression of my sympathy in the ditlicultics vou have encountered, and of my sense of the ability, the readiness of resource, the wise and manly temper of conciliation, which you have so signally displayed; and I doubt not that you will continue to show the same vigour, and the same discretion in its exercise; and you may rely with confidence on whatever support ul aid Her Majesty's (Jovern- nient can afl'ord to you. 1 have, iVc. Governor Douglas, (Signed) K. U. LYTTON. &c. &c. Britkh Vol I MIIIA. No. 3L Copy of DESPATCH from the Right Hon. Sir E. B. Lytton, Bart., to Governor Douglas. Sir, Do\vning Street, October 16, 185H. Tuouon I think that you must bo in complete possession of my views in respect to the employment of the Royal Engineers, who have been despatched to British Columbiu, I desire, ne\ertheless, and for fear of any possible misunderstanding on yom- part, to mention that to Colonel Moody and his men do I look for the perlbrmance of sllthe sur>eying duties in the Colony, and therctbre to caution you against accepting the services of other Surveyors or assistants, whose employment would add so much to the leavy expenses which the Colony at its outset is called upon to defray. I have, &c. Governor Douglas, (Signed) E. B. LYTTON. &c. &c. No. 31. I 4 n-;' PAPERS RELATING TO BRITISH COLUMBIA. ("PI BniTisn COLUMDIA. No. 3J. No. 32. Corv of DKSPATCU lioin tlic Right Hon. Sir E. B. Lytton, Bart., to Governor I)oic;i,As. (No. :V2.) Sin, Downing Street, October 19, 1853. I KNCLosK lor your information a copy of a letter from the Archbisliop of Canter- burv, announcing to me the munificent endowment offered by Miss Burdctt (!outts for the' foundation of a Sec in British Cohunbia, together with my reply to that com- munication. I have, as you will perceive by the correspondence, gladly accepted this noble contrilm- tion to the cause of Christianity ; and I rejoice to think that the service and ministrations of the Church will not be wanting to the early stages of Colonial life. I have, Ike, (iovernor Douglas, (Signed) E. B. LYTTON. &c, ike. Moodv on tlie e t l| I ^ !;! I ■ii*! .1. r i: f Knclugiirt' 1 Nu. 3J. I'.ncloiuic 1 In No. 32. t;!!!, Lambeth, .Soptonibei- 27, 1S38. f IIAVK llio lioiin\ii' to .acquaint you, tliiit in eon^cqiicnce of the importance which is likely to bclonf; to tin- C'dlony of liriti.-h Cohnnlii.-i, and the e.\pcilienc> of providing for the Spiritual Instiuo'ion of th(r|i(>]mlation a<hop tiurc, who may take the oversight of the Clergy, and superintend liie reliijiwi- interest of the eimntrv ami iieoplo; and for tliat purpose she is prepared to furnish an cndownicnt vi the Sec '.o the amount of 1,),()0T!\'".'-ty's Government m.iy consider tliis so desirable a measure as to consent to tlie erection of the !v>ce. I have, &c. The llight Ilonourahle Sir i:. Lytton, T.art. (Signed) J. B. Cantuau, ' il m. ' J- r.nilosuro i i No, 3-2. Knclu 2 in No. ;i2. 'SU' Lf>i!i) Aitriiuisnop, Downing Street, October 7, ISjS. 1 llAVi; ;hi' liononr to acl.nowledge your letter of the 27th ult. m which you inform nic tli.it ?Iis> liurdett t'outts desires to devote tlie large sum of ;o,()(IO/. to th ' endowment of a l!isli()[)ric in the lieu Colony of I'litisli Columirm. To lay the foundation of a t'hriatian Church in all its completeness simultaneously witli tlit (■stabli^hment of a civil policy is a worthy system of colonization, in which, as your Grace rightly aiiiireheiids, Her ^lajesty's Government will gladly co-o|)erate to the best of their ability, ami will ollVr every facility for the erection of the new See. For my own part, as the Jlinister especially cliaigoJ with the superintendence and administration of the new Coliuiy, I ..ould desire, through your (iiaco. to express to !Miss Bnrilett Ciuitts the high and grateful appreciation which I entertain of tliis lur latest, but not least iminidceiit, contribution to the purposes of Christianity and civilization. 0( recent years, from various causes, the State has greatly departed from the ancient practice of supplenicnting by grants of laiiil or money the requirements of the Colonial Clmreh. That Cluiirli, iii conse(|uencc, fnllowing the analogy of llie freer system of self-government which ha.s with iiapiiy eU'ect been eonced( d to many of our Colonies, liius thrown herself upon the voluntary ctHirts uf lur children, both abroad and I't home; but the provision thus made for her Sjiiritu.al orgaiiizatim, il' indeed less large in amount than it would have been had it been drawn from the ampler rcsoiuces fi the State, has been made ii a spirit of self sacrifice in'd dcvotiim calculated to give permanent lifi' and tixity to her teaching aod Ecclesiastical system. The best recognition of t'.ic present munilicent endowment will be Ibund in its leading the coloiiifl.- of Briti.-h Columbia to imitate the self-denial and zeal to which their church will owe lier early and cttective organization Starting in her career under I'piscopal guidance, and complete in nil the parts of her .system, tliat ! Church v.-ill eommence her Missionary work with more than the usual promise of success IlerficU i t)f labour will undoub.edly 1){! arduous. There imi^t be many difHeuUics in the earlier st.ngcs (fa | society gathered from nil parts of , he world, and reflecting every variety of the human cliai.icter; i but th'is constituted she will prove, I cannot doubt, not o'lly a te.ncher, but a eivilizcr; not only » | spiritual, bin a social blessing, lending in the new world, as in the old, her direct and powerful uiJ ; to jaw and order, briiigiug education in her train, and reminding the adventurers .and CeloiiistJ of j British Columbia that it is the riglit use, and not the mere acquisition, of wealth which makes con:- niunities, .as well as individuals, truly prosperous and happy. I ha^■c, kc. (Signed) E. B. Ltitox I inciisnre as to kobcr (, 1*J8. E. B. Lttto>- PAPERS RELATING TO BRITISH COLUMBIA. No. 33. 73 Copy of DESPATCH from the lliglit Hon. Sir E. B. Lyttou, Bart., to Governor DOUOLAS. (No. .'5-).) Sir, Dowiiinj;- Street, Novemlicr 1, 18.'58. With ri-flrcnce to my Dcspiiteli, No. 2:^, of the S.'Jrd September*, I transmit liere ffitii, for your infounation, a copy of the Instructions wliieh I have addressed to Colone Moodv on the eve of his departure to assume Iiis duties in British Colunibin. I have, &c. Governor Douglas, (Signed) E. B. LYTTOX. ice. &c. BRiTisn C'OLl'MDIA, No. 33. ' P»ge or,. \ Kncl(>«nre. Enclosure in No. 33. Sir, Downing Street, October 29, 18.")H. 1. I THINK it will be for your satisfaction if I endeavour to reduce to writing, by way of (ieneral Instructions, the outlines of that policy lor the new Colony of British Coiunibia which your services, I trust, will assist to develope. My views as to the uses of a ]Hirely military force, in the conuncncement of a Colony like the present, I am happy to believe arc in accordance with your ow n. 2. I would, at the earliest period, impress upon the Colonists the distinction between disorders arising from internal riot or disturbance, and the dangers that may threaten from foreign aggression. 3. In the first, it is not only the duty, it should be the pride, of a youthful and vigorous community to find means of defi;ncc within itself. The consciousness that it is compelled to do .so engenders a brave and resolute spirit amongst the immigrators, and serves to bind man to man against turbulence and crime, by the sense of the common safety. I will even add, that where a society finds its best safeguard in the habitual reveieucc for law, and cannot, in every emergency, appeal t"> the armed force of the Parent .State, a high moral tone of sentiment and opinion becomes silently Ibrmed, and even lawless and vehement natures are brought into the calm social compact by which the public interests -...ould the national cliaractcr into respect for the laws that preserve hearths and ])ropeit\-, and for the (pialities that commaiul others without the resort to force. 4. Nothing can l)e more likely to sap the manliood and virtue of any young com- munity than the error of confounding the duties of soldiers with the ov.linary functions of a police. Nevertheless, though soldiers do not constitute a ])olice, there are few societies in which the authority of the civil power is not more respectfully obeyc' where it is mulcistood that against disorderly force there is always in reserve the unf .nching aid of military disci])line. 5. In a Colony like Biitisli Columbia, in which it is reasonable to assume that the first immigrants will be men too accustomed to danger to be daunted by the menace of force, but too eager for gold not to respect the means by which gold, when obtained, is scuicd to its owner, soldiers will be popular in proportion as the strength which they afford to law is tacitly felt rather than obtrusively paraded. 6. No soldiers are likely to be so popular as Royal Engineers ; partly, let me hope, from their own military discipline and good conduct; i)artly from the very respectable class which tbey represent ; partly from the civil nature of their duties in clearing the ready way ibr civilization. Thus, if not ostentatiously setting forth its purely military character, the force at your command will nevertheless, whenever occasion may need its demonstration, do its duty as soldiers no less than as surveyors. And I need not add that, should the (Governor re(iuirc your assistance in your military capacity, you will render it as freely as if no civil services were attached to your mission. But while the Colonists should be taught the necessity of providing against internal disturbance, — while they should learn to rally round the law, and create themselves the machinery for giving that law its ordinary efifect, — on the other hand, they must not be left to suppose that a»ainst external aggression Great Britain would not render them the aid due to the dignity of hei Crown, and the safety of her subjects in every part of Her Majesty's Dominions ;— for wherever I'ingland extends her sceptre, there, as against the foreign tnemy, she pledges the delence of tier sword. '. It will also be borne in miuii that in u Settlement which is surrounded "jy savage iribes, while sound policy will dictate every effort to conciliate the goodwill and confi- lifiice of such uncivilized neighbours, and while humanity \\\\\ shrink from the applica- liM of armed force against the aborigines wherever it can be avoided, yet some military K Knclojiiri' in No. .13. I kt if: £i'.st . ' f At h'i'i 74 PAPERS RELATING TO BRITISH COLUMBIA. I ,.1. tl ,^?'i, si,*-,' i\ ■ u >\ I :^ British strength and disciplined organization are essential preservatives to the settlers ; and ■Columbia, indeed a resort, when needed, to soldiers, well coninmnded, will be attended with tin ■■ — less loss of life, with actions far less sanguinary, than where the white man is k('t to defend himself against the red, witiiout that decided superiority which is conic rrcd In- military skill over savage force. In such conflicts the want of discipline is the wiint of mercy. H. You will hasten to infurni yourself of the true social circumstances of I'm^^ community thus neighboured by Indian tribes, and containing in itself adveiiturci, of all nations, and will faithfully report to me your impressions as to the exiKdiiiuv of a greater or a different kind of military force sent from this country than that undd- your command, and the probability of keeping such a force fi'ee from desertion, and steadfast in dicipline. 9. At present it is my belief, as 1 understand it to be your own, that additional niilitaiv force as against Indian aggression, or for the preservation of order, could he iii()>t economically and effectively raised on the place itself and amongst the ininiimaiit population, whether as volunteers or militia under British ottieers, t(:)r a limited pcriiKJ or in anticipation of any sudden danger. But I must submit the accuracy of that belief to your military and Colonial experience on the spot, in connexion with the advice of the Governor. fO. It seems, meanwhile, a good augury of the co-o])eration of the Colonists in all measures demanding public spirit, that miners themselves are constructing a road, of which seven miles are completed, — that they organized themselves into bands under leaders, — thus recognizing discipline as the element of success in all combined undertakings. Each miner thus employed deposited with the Governor 2') dollars as security for good conduct. 1 need not add, that a Ciovernor who could thus at once inspire confidence and animate exertion must have many high (lualities which will ensure your esteem, and add to the satisfaction with which you will co-operate with his efllbrts. On this subject I am bound, in justice to both parties, to guard against any risk nt misapprehension as to your respective duties and powers. Whilst I i'iiv\ assured tliiit the Governor will receive with all attention the counsel or suggestions which your niilitory and scientific experience so well fit you to of^er, I would be distinctly understood when I say that he is, not merely in a civil point of view, the first magistrate in the State, hut that I feel it to be essential for the public interests that all powers and responsibilities should centre in him exclusively. Nothing could be more prejudicial to the prosperitv of the Colony than a conflict between the principal officers of (jovernmcnt. 11. In reference to the Civil Department of your duties, your first object will lie to commence the operations necessary for the land s.ales, by which the expenses of survey are to be defrayed. You will consult with the Governor as to the choice of sites f.n' a maritime town, probably at the mouth of Eraser's River, and for any more inland Capital to which the circumstances of the territorv will suggest the most appropriate site. 1'2. You will not fiiil to regard with a military eye the best position for such town and cities, as well as for the engineering of roads and passes, or the laying the founda- tions of any public Morks. Experience on the spot will best guide you as to the most economical distribution n' the work by the force under your connnand. All that belongs to comprehensive survey and public works must belong to the labour of the Royal Engineers. But the ordinary fillings in of allotments for sale had better, perhaps, be executed by contract, and in order to prevent additional burthen on Colonial revenues, it would be well that the co^t of survey in allotments be added to the price of them, and each individual thus purcliii^e his land surveyed and cleared. 13. I need scarcely add, that it will be among your first cares to smooth the difUcul- ties of eomniunication by land and water. If you can at slight cost render the IVaser River navigable to a further extent than it is at present, you will direct your science ti) that object. ***** 11. Caeteris paribus, it probably would be better to keep Vancouver and Hritisli C'olumbia under separate (Jovernmcnts ; but geography and circumstance arc inipcriou- dictators, and control the theories by which, at a distance, wc would map out conniun- wealths and restrict territorial divi.Mons ; and therefore I would have you thonghttiilly consider both the safest and readiest modes of access to British Cohunbia from tlio Pacific, and the several relations between British Columbia and Vancou\er's Islaii'l indicated by nature and probability. 1.'). You will further report upon any harbours which exist on any part of our mn'ts or any natural fiicilities which exist for their construction. PAPERS RELATIN(i TO IJRITfSH COLUMBIA. /•■> settlers ; and ulcd \vitht';ir iin is k'l't lo conitrrcd liv tlic want (if imces of tilt' (Ivfiiturcis of I' I'xpc'difiicv in tliat urnld' Icst'vtion. 1111(1 ional inilitarv )iild lie iiii)>t le imniii;iaiit imiti'd jx'iiuil iracy of that th the advice jlonists in all cting a road, bands under all combined )r 2i) dollars :'()iil(l thus at jalities whicli )-()]X'rate with st any risk (if sured that the your military lerstood when the State, but ■esponsiliilities the prosperity .>et will be to ses of survey of sites fir a more inhrid st appropriate sueh town- <>• the fbunda- o listribiitiim it' lensivc survey ■ the ordinary ntract, and in that the cd-t thus purchiise th the (liflirul- er the Triiser our science to n- and liritisii are inipcrioii- out eonnnw- thoughtfully nbia from the ouver's Islau'l of our cnn*t«. if). You will remeniber that gold is not the only mineral in ^¥hich British Coluinbia ii said to be rich. You will examine and report to Her Majesty's Government upon all its other mineral productions. 17. You will ascertain the real value of the coal for all purposes of steam connnuni- cation, both in British Columbia and Vancouver ; not only its (juality, but the easy working of its mines ; whether the coal lies deep or near the surface ; whether mining o]H'rations arc likely to be impeded by much water, bearing in mind that in coal, as in all else, the product is to be estimated by the degree and cost of labour which the et iiirth with that courtesy, high breeding, and urbane knowledge of the world w hieli ilignify the English gentleman and the British officer ; and I anticipate no small advan- taiie towards stamping our native idiosyncracies on a Colony which :.iay comprise so many foreigners, and promoting a high social standard of civilization, from the fact that yourself and your brother officers are amongst its practical founders, and cannot fail by the nature of the civil services you render to be brought into fretpient and friendly com- munication with all classes of settlers. 22. 1 trust that you will work in perfect harmony with the Governor ; and that his experience of the localities and of the character of the native population, with your own 'irof'essional science, will combine to expedite the progress and devclope the rcsiuuces of the Colony. 23. You will not forget the caution I have so strenuously impressed on you in our conversations, viz., t'nat it is a duty we owe to the Colony itself to hazard no lar^c Hitlays and incur no unnecessary expenses until an adequate Revenue be raised ami ecurcd. -'1. At the very sound of a Gold Mine avarice and extravagance awake together, and 10 all the suggestions of rational prudence there is the vulgar outcry, " the gold pays for ill' Now as the me)ther country expects all Colonies not conquered nor founded lijr jHUely Imperial purposes to be self-supporting, and as in this Colony she has more than 'inlinary reason in i^s mineral resources to do so, noiliing could be more unjust to the iitant settlement, more retard its prosperity, or lay seeds of more fertile discontent, tlimi ! I while it prospectively with any financial 'lurtbcns, not needed for safety and healthtiil ■('Vi'lopiuent, while its Revenues yet remain a matter ()f's])eeulation. '-'"i. I'l nuist he some time yet before inuniiirants will he ])ermanently settled, Ciistoni~' "ities, iVc. regidarly established, and land allotment- sold to anv considerable extent ; K 2 ISkitisb t'OLVMBIA. i ! ^h1':-»l Hi! .iv ; „ r nniTisri COMIMIIIA. 76 PAPERS RELATING TO RRITISII COLUMBIA. and the cost of survey itself in the Colonial pay of the Royal Engineers, &c. is the heaviest nnrl almost the earliest item to whieh the resources of the Colony should Ik- devoted. All augmentations of the expense thus calculated s'lould l;e scdulouslv avoided. 20. I have already explained to you persouMlly (iis 1 have informed the Govcnioi)^ fliat it is my desire to sec established in lUitish Cokunhia as early as the state olsonctv will permit free Representative Institutions ; hut premature or precipitate action in siuii :i ease only weakens the ol)ject we have in view; and if Oic fidiric is to he histinir the foundations of self-government should he ',iid with care. .All regulations aHVetiiii; an electoral franchise should he framed .-o as to suit the special conununity on wliicli tlicv are brought to bear. I should feel obliged by reports, as the result of yonr own unbiased opinions, as to the nature, habits, and conditions of the immigrant jiopulation; the degree to which education exists; the ])robabilitics of settled residents, and culti- vators of the soil, as distinct lron\ casual adventurers, or the inhabitants of a stapoit town ; with such reniarks, confidentially given, as may guide the judgment of Ikr Majesty's Government in the fi'ame-work of a constitution which will secure triin(|uiliitv and order as the only genuine safi'gnards of popular freedom. These reports, with any other you may remit to me, will be sent, of course, through the (jovernor. I have, Nre. Colonel Moodv, H.K. (Signed) E. 1}. LYTl'ON. &c. ike. H- PAPERS RELATING TO BRITISH COLUMniA. 11 APPENDIX. t*; ''Hi K 3 Pf HW.lOiW OX I'IfASKH HiVi;i«; I'hii-l'lv (omi'ilid I'lviii l/ic n'liliy I'l' A.C- AmlrrKiin V,si\'' ,t .11' .U.i.i.M. IMish All/.-: I 'I Ski'Kh Hoiiti* SoiitiiwtiniN ■[•,, «(i/i.i».iW41» »8 r:o iis "t"l h>p>' "^" '""^ llAxn ItooK ti) Ity AlIX N'oTKS in rdi KniutT * llivtT I Tl,|. licail wiitt'iv ■h,. iliniuiici' lit' 1 1 1 fnilll lln' I'*"!"'!!! I viewed ii" n <'_<'i' vicinilv, llii' 'li^'Ji I \ Fort Liiii(?l«y, lift* himk.alMMit I alili' liiirtlicn, llic ill ilio lllwCllCL' lit' I I'lir n m\'n>fi vchci Fort lli)|it' Ih i;D mill'.-' iilitivc I< I Timinpsiiii'rt Jtivc It iri i|ii('stloiii I Ink™ ; Imt IVoiii I 111' liL'lil (iriiujjiit llic Fiill.^, Iiiiwovi I jlllil,'!' tip 1 10 Vl FniMii V iind Tli(iiiipi<(iirH Kivori*. with 'I'mim ok Himi'akcK.h. Uy Alkxanokh v. Ani)KIIH(1n, Inlf C'liicf TrndiT, HiHli^nnV Idiy ('oiiiiiunyV HiTvioi'. N'oTKS ill ri'furenco to liic Hoiili^ uf (^onuiMiiiii'iitinii wiili the (idlil Kc^ioii iiii I''riiM'i'!< Hivi'i', ('X|iiiiiiiitory III' tliu a('<'ciiii|iiiiiyiii^ Map. I'nu'i'r^ Uivcr (liHclmrncn ilsclt' into lliii (iiilf nl' (Jcor;;!!- ■ little in the iinrtli ot' tlir UMli |iariilli'l. Till' iii'tkil wiitci'H of itM principal hniiicli iiitci'lnck with ihoric nllhr ('(iliiiiiliia mihI thr .\tli:ilia^( i. At ilicdii'tiuici' III' lliO milc.t tVoiii its mouth it is jninctl liy 'rhc)i"[i-(iir« Kivcr, a laif;r Nliiatii llowiiifj; fniiii till' cu^t^vard Ah indicatcil in the Map, the Caxcaih' iiiii<;i' ol' iiinuiitaiii.i, wliiiii may he virwrd n* n ('oiitinuatioii of (ho Siurru Ncvadii, <'('ii!<>'H at ihis point. Ili'ic, an I in itf iniini'diato vicinity, ll"' diji^jinj^.i which arc now creating; hu nincli cxcili'niciit have hccn in projrrcKi* siiwc lii»t 'iimini'r. tlmuuli their richncHH, now apjiarcntly ho well authenticated, wn» not ascertained till more liltclv. TiuTC are two distinct lincH of iinproaeii to (hese inincx : i^'ie hy the dip'ct rnuti^ tiiroujrh Fra-er's jllvir; the iilhor hy way of the Cohnnliia Hiver, hy i'ortiand and the Dalles, ami lluiiee with pack I imiiiinl.'' tlirciiigh the trails used until recently hy the llndtion's Hay Company for their conuniuiiealious, ami fur the transport of Hiipplics for the interior. Those routes will l)C Hcpuratcly considered. Riiiitf rid Fort Lanylry. Foit Laiifiley, the hiwesi post of tlie Hudson's Ihiy Company on l''raser's Kiver, \-> situated on the left* hiink.alKMit 2.') miles from tin- entraiice. Thus far the stream is uavif;aKli' lor \tssils ol'i -idcr- I ;ilil(' liinthen, the |ireeauti^ first ailopled, iii llic ahseiioe of a (|ualilied pihit. 'I'hc ascent, however, slant as the distance is, is ratla r leilioii- I l'(in> siiiliii}; veHscI, as tlu; river is land-locked, and the winds conseipiently irregular ami lialHiiif^ Fort liiipe \» a small post situated near the mouth of tin' (jue ipie alia lti\i r, whiili tails in t (19 mill's ahove Lan^iley. Theiiee to tlu' foot miles hy iIk' travelled route. ll is i|ii<'sti(inahle how far ahove Lanfiley a vessel of any eonsiilerahlc diaui^hl ci.uld readily he I laki'li ; hnt from that post to Fort llopi^ there seems to he no room to douht that an etlicienl vliamer [ iit'liL'lil ihiUi^^ht could he advaiita;j;eously naviiratcil, and, indeed, for some mih-- higher up. Aliove liii' Falls, hduever, the ohstades to steam niivipitioii, and especially at the hif^her stages ol the water, I iiMl;;<' to he v<'ry serious. Ilillii'l'tci, hatcaiix of ahout three tons Imrlhen have hecn employi cl hy the lliidsoii's l>ay CoijipaMN for tninsiiiirt helow \\w F.alls; a slow method when the water is hi^h, as the ascent e.iii then he illccli'd (inly hy warpin;^ alonn shore, with the aid of Indian eauoe-i to pass the line.-, liy llils tedioii- |ii(pce,*s, an ascent was made dnrin^ the freshet of I 8 tS, lo the font of the Falls, In ri^lit d.i\ s ; umKn' miliiury circmnstanees, it would ocinipy live. There is a trail (indicated in the sketch as " Doui^las l'orlap;e'') from the niipcrTct't \'illii;.;e, lirlow llic Fulls, til Spu/.-/.nm, ahove the Falls, the lowest villa;;e of the Saw-mee-nas, or Couteaiix. ll is I iiiiich liinjier, hut not so i^nii^h as the passa^fi' of the river hank, which is for some dislanee ixireinch I lirukcn. lioth these porlap's arc on 'he rijjht hank. The series of rapids called the ' Falls" is ahout three miles in length. There is no smli alntipl iliwint na the name implies. At low water these rajiids miiy he ascended with lij^ht craft, hy inakini; piirtiifjcs; lint at the hi;;hcr staj;es of the water they present a dilHcidty almost insui inonnlahle. Hiiriiif; the snnuner season the rocky shores of the "Falls "are thronj^i^d hy Indians Iroiii th,' jowi'r foiintry, who resort thither for the salmon fishery. A ceaseless fend, I may here inenlion, pre\ails botttccn the Couteau :...il the lower Indians, who dill'er from each other widely in many respcii-. At .S|Mi/.-/.lun, six miles ahove the Falls, the river is crossed to the left hank, where is (he tirinimis i nf a hiirse trail, openeil in 1817 and 1848, across the monntains from the Similk aineeu eoimtry, lint iiliamhineil iifterwards as inelij^ihle, ehielly on account of ihi^ dilfieulties of the I'^alls. Thi.s trail follows the river to Kii-ipie loose, si.x miles further. .\t this point is ihr j;iavi nl' a servant of the Hudson's Hay Company, who, in 1848, was found shot near the eneiunpmeni, nnd> i' nrouiiiiitunecs which justified the helief tiiat he died hy his own volnnlary act. A larjir cedar stahie, "flmlian workmanship, and a small ein'losnre, mark the spot. The hanks of the river immeilialily iiliove this are very rngi^ed ; eonsecincntly the triiil aseemls the hei^iht (some two thousand feel oi' more), ci'd.sses it, and descends upon Anderson's Kiver, at the Forks of which two lii-id!j,cs were I'lirmcrly in existence. The Siniilk-nmecn trail continues iidand hence; that leading to the Forks of Thom.son's Uivcr (indi- 'alcd hy a trail-line in the sketch) diverges, and after a few miles travel again strikes Fraser's Kiver, at Tijua-yowin, a populous village, six mih's alxive Ke-ipie-loose, and situated at the month of Anderson's Hiver. ThiTce lo the Forks of Tliompsou's Hiver, where the miners were last at work, is csiimaled iil lliirty-thiee and a half miles, through a hilly road, in places very stony, and im|):issahle for loaded Imr.'M witlidut a larg(! amount (if lahour in its improvement. Several streams tall in lutweeii T(Hiii- wwni Hiul till! Forks, one of which during the i'rcshets has to he f'"rried over with canoes. From Tijui-yowni upwards a marked change in the character of the scenery takes place ; though rngged, it nKrrisii (ill. I Mlll.\, A|l|H'lllti\ \ tl I. n. ' Intliii, niij all otiiev iudlnncoii wliore tlic like illstinctiinis niiiy lie iiiipliiviil, it is with rt'fi'iriici' to ilu' i/iw. w./im; Mri'aiii. K t IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I 15-0 ^^^" H^HI ■ 2.2 ^ "^ 1^'^ U uu - 6" Photographic Sciences Corporalion 23 WCST MAIN STRKT WEBSTtR.N.Y. )4SS0 (7;6)t72-4S03 Jh ^V^ ^"<^ ^ ^ ^ ^ •«!*•, ^\^ 80 PAPERS RELATING TO BRITISH COLUMBIA. Britihh Ulc-'Hdeii 'v timborfid than the lower country, and shows every evidence of a drier climate. The CoLtMBiA. vicinity of 'i.u nl yowm itself is riUhcr i)icturc?que ; but, w'r.at is of more importance, it enjoys a prolifio ■ salmon fishory diirinf^ tho sciwon. From tho Koiks of Thompson's llivcr, hor.-^e roads extend in both directions up Fraser's River, and along Thompson's Kivcr, as indicatud in the map. I will now proceed to point out some of the difficulties which embarrass this route, and which, until some butter system be orgiuiized than at present exists, are deserving certainly of scriow consideration. Assuming tlie miner to have reached the foot of the Falls by bateau or other conveyance, (and let nie here remark that tliere is no jracticable way of reaching this point from Fort Langley except by water), the more I'ormidablu impediments to his progress are still in advance. Horses are not pro- curable here ; nor, if procurable, is the country suited for their subsistence. The navigation of the Fall.s at higli water cannot be accomplished; nor, indeed, is the upper portion of the river to be navigated without ditliculty at tliiit stage. At the lower stage, these difficulties nrc so far modified that they may be overcome by portages ; but it is to be premised that a certain amount of skill and experience in canoe navigation, which every one is not supposed to possess, is a necessary condition ot the undertaking. Tiit! alternative is to proceed on foot; but my previous notes will have shown that the trail is a rough one, full of painful inequalities. It would, therefore, be impracticable to convey in this way more than a very limited amount of provisions, to say nothing of tools and other necessaries for mining operations. From Fort Hope there is a horse tiiiil across tho mountains ; but no horses are to be procured there, as indeed not any are kept. All these animals, when required for transport, are brouglit from across the mountain range, and return forthwith. Moreover, the Fort Hope trail does not strike the mining rcgiim, but unites with the trail from the Columbia valley, to be presently considered. I subjoin a resume of the distances by the direct trail : Moutli of Fraser's lliver to Fort Langley - . - To Que-que-alla River . . . . - To Falls - - - - ... Falls Raj)ids ....... To Spuz-zum - - .... To Kc-'iue-loose ..... To T(iua-yowni -..-,.. To Forks of Thompson's lliver .... Total Mkmouandu.m op Distances by the Fort Hope Route. Miles. Fort Hope to the top of Manson's Mountain - - - 12 Across the valley to Campenient du Chcvreuil (summit of the Cascade range) ....... -10 To lake near height of land in IJlaekeyc's Portage - - - 25 To Tsoistn, or Camijcinent des Femmes • - - - 20 To Rociier do la Biciie ... . .20 Total, to the junction with Dalles Trail - - — 87 From Kocher de la Bichc to Forks of Thomson's River - - - 85 Total, Fort Hope to Forks, Thompson's River Mouth of Fraser's River to Fort Hope ... Distance via Fort Hope — Total 172 84 250 N R.— The above distances, as far as Rocher de la Biche, are noted according to the encampments it is necessary to make in order to secure scanty psisturage in the mountain for pack animals. Route cid Columbia River and the Dalles._ Every facility of steam navigation exists between Portland and the Dalles. The transit between these two points is i)ertbrmed in part of two days, the intervening night being passed at the Cascades, where travellers arc well accommodated. An attempt is being made to extend steamboat navigation as far a.s tiie Priest's Rapids, sixty miles above Walla- Walla, and one hundred and ninety from the Dalles ; but tlio success of this project is thus far undecided. Witli horsos there are two routes to the Priest's Rapids: one crossing the Columbia River at tho Dalles, passing over the dividing ridge to tho Yackama Valley, and continuing across until the Colu:nbia is again struck at the point in question, where the Columbia is recrossed to its left bank (N. 15.— Tills ti-ail in crossing the Yackama Valley joins tho trail which parties from Puget'n Sound, cro.-.sing by the Nachess Pass, would necessarily follow. The necessity of crossing to the left bank at the Priest's Rapids arises from the impriwticable nature of the country on the right side, between that point and Okinagan.) PAPERS RELATING TO BRITISH COLUMBIA. 81 The other route is by fullowiag the left bank of tlie Columbiii from the Dnlles to Wiilln-Walln, crossing the Snnku lliver at its niouth, nnd tbcnce continuiDg niong the Cohiiiibin to the Priest's Rapids. (N.B. — There arc several iiKxliiicatiuiis of the hitter j)ortioii of this route, some of wiiicli are shorter ; but I instance tliis for simplicity.) The first described route is much the shorter, as the great bend of the Columbia River is cut off by it ; but the double crossing of the Columbia is a serious obstacle ; and the Yai-kama River, when high, is a troublesome impediment. For this reason I should prefer the longer route by Wnlla-AValla, and the more so ns it is passable at all seasons, which the other is not, owing to snow iu the mountain. There is good grass by both routes. From the Priest's Rapids the Indian trail is followed up some 25 miles, when it strikes oiT the river, and enters the Grande Coulee, an extraordinary ravine, the origin of which has been a matter of much speculation. A portion of it is approximately sketched on the map. The bottom of this ravine is very smooth, and affords excellent travelling ; good encampments arc found at regular intervals. After following it for about 60 miles, the trail strikes off for the Columbia, at a ])oint a few miles beyond a small lake, called by the voyageun Le Lac a I J'.au Bleue. (N.B. — It is necessary to encamp at this lake. There is a small stream 25 miles or so before reaching the lake, which is another regular encampment ; and again another streamlet about :iO miles short of that last mentioned, where it would likewise be necessary to encamp. This would be the first encampment in the (Jranilo Coulee after leaving the Columbia. I cannot recall any encamping grounds, other than these three, in this portion of the road.) Striking off from the point mentioned in a direction iil)out N.N.W., tlio trail reaches the Columbia a few miles above Fort Okiuagan, which post i.s called 25 miles from llie tJrande Coulee. Ferrying at the fort (the horses being swum), the trail ascends the Okinagan River, cutting |)oints here and there, as shown in the sketch. At about CO miles from the post is the Similk-a-meen Fork. The Okinagan is crossed just above the juiu'tion. This crossing is nairow, and at the ordinary .-tage of the water can be forded with case ; at a higiier stage, a eanoe is hired. There is usually a jiretty large concourse of Indians at this point during the salmon season. It is good policy to supply the chief with a little tobacco, to smoke with his followers, (loodwill is thus cheaply secured. From the Forks the trail ascends the Similk-a-meen ; but as the lower part of that river, whore it breaks into the Okinagan Valley, is very rugged, it is advisable to ascend the Okinagan aome miles, and along the lakes, by the main road towards Kauiloops. A trail then branches off, as by the sketch, and ascends the hills towards the Similk-a-mccn. After proeccding some distance, there is a small lake, affording a good encampment (called in the map " Crow Kncampmcnt "). Continuing thence, the trail falls on the Similk-a-meen above the obstacles referred to. The valley of the Similk-a-meen abounds in good pasture. Except during the freshets, the stream is reailily fbrdable ; and the trail accordingly is made to cross it fre(|uenlly at such seasons, whcrei)y several hills and some stoncy places arc avoided, During the freshets the left bank is followed without interrupfioTi. At the Red I'jarth Fork the Similk-a-iucen is left. The trail, following up a branch of this valley watered by the Red Earth stream, Ika. crosses the height of land which divides the watershed of Fraser's River from that of the Columbia, and descends towards Nicholas Lake. A few miles before reaching the lake tlicrc is a cut off, indicated in the sketcii, whicli strikes Nicholas River below the outlet of the lake. This river is crossed to its right bank, and followed about thirty-five miles, when it is recrossed (by fording in both eases at the ordinary stage of the water) ; nnd the |)oint is cut, seventeen miles ti) Nicu-o-mecn on Thom|)son's River. (N.H. — Resides the advantage of this cut ofl' in point of shortness, the right bank of the stream is very steep and broken between the lower crossing and the junction of the stream with Thompson's River at Tldik-uin-chee-na.) NicA-o-meen is the connnencement of the mining region, as so far declared. Thence it is thirteen miles to the Forks of Thompson's River. I now append an estimate of the distances by this route, which will be found, I trust, reliable ; and I also add a memorandum of the encampments which a party with pack animals might expect to make. liBiTisn COLI'MBU. E.sri.M.vri; or I)ist.\nci;=. Mill's From the Dalles across the Yackama Valley to the crossing place above Priest's Rapids - - - - - - - 125 Five days' march with packs. Jli/ IValUi-milUi. Dalles to Walla- Walla To crossing place above Priest's Rapids Eight days' march with packs. 1.30 GO 190 From the Priest's Rapids crossing to the Grande Ct)ulee Along the Grande Coulee - . . - To Okinngan - . . . . GO 25 110 83 PAPER C RELATING TO BRITISH COLUMBIA. Bkitisb Columbia. From Okinngnn to Forks of Similk-n-mocn To Red Enrth Fork To cut-off near Nicholas Lake To lower crossing, Nichohia llivcr Acruas to Nicil-o-mcen To Forks of Thompgon's River Mild. 60 90 55 35 17 13 270 Total dietnnce from tlie Priest's Rapid crossing place to Thompson's River forku 380 Dittance from the Dalles by the several Routes. Yackoma route Wnlla- Walla - 125 190 X 380 = 405 X 380 = 570 Estimate of March from the Priest's Rapids Crossing to the Forks of Thompson's River. Ist — Encampment on tho Columbia, near where the trail leaves the river. 2nd — On first rivulet in Grande Coulde 3rd — On second rivulet in uo. 4th — At the small lake in do. 6th — At Okinagan. 7th — Riviere k la Grise, or Rat Lake. 8th — Upper Bonaparte's River. 9th — Forks of Similk-a-meen. 10th — Crow Encampment. 11th, 12th, and 13th -Along the Similk-a-mcen. 14th — At or beyond Red Earth Fork. 15th — Near Rocher de la Biche. 16th — Cut off near Nicholas Lake. 17 th — Upon Niclioliw River. 1 8th — Nicka-o-nieen. 19th — Forks of Tiiompson'.s River. Or, 27 days from the Dalles, via Walla-Wnlla. It nwy be noted hero that, throughout the distance, tliere are no obstacles to an easy march beyond those that I have endeavoured to note. Pasture and water are plentiful, and fuel, for the greater part of the distance, likewise abounds. Along the Columbia, tiie country is bare of timber; elsewhere the valleys are clear, the hilLs sparsely timbered with the Colville red pine (pinus ponderosa). There are numerous tracts of very fertile soil. As already mentioned, there are two trails across the Cascade range for the neighbourhood of the Similk-a-meen country; one striking to Ke-que-loose and Spuz-zum, above the Falls; the other at Fort Hope, below the Falls. The former was abandoned in 1849, chiefly on account of the difficulties of the Falls. As it approaches Eraser's River, too, it is extremely rugged. The Fort Hope route is used by the Hudson's Bay Company for the transport between Eraser's River and the several inland district?. The route over the mountains is short, but rugged, and pasture is soareo. It is of course impassable with horses, except after the melting of the snows late in June, and uutil about the middle of October. Both these routes, as will be seen by the sketoii, unite with the Dalles trail at different points. Memokanda and Notes Oh several Subjects connected with the Mitting Region. The gold found in the Couteau country hag so far been procured chiefly from dry diggings. It is "coarse" gold, and its quality stands high in the market. Considerable quantities are reported to have been dug by the natives, who, so far, appear to have been the chief miners. The Nicoutameens* or Coutcaux are numerous. They and other branches of the great She-whap- nuioh tribe inhabit the banks of Eraser's River, from a little above the Falls to the frontier of New Caledonia, Tiieir extreme poverty formerly made them roguieh, and their reputation was bad ; but my own experience of their character was nowise unfavourable. These Indians subsist chiefly on salmon and various kinds of roots and berries. Their salmon they cure by splitting and drying, either in the smoke or s>in. The Indians between Fort Langloy and the Falls, known as Hait-lins, Pal-lalks, Teets, &c. according to the villages which they inhabit, differ widely from the Coutcaux both in habits and language. They are ingenious and thrifty, and having said this, it is about all I can say in their faTour. They remain so. As before n; treacherous mi The miner Land animals bought very cl the fish but I and elsewhere might be a use fish, the bait a streams; and generally abun In ascendiuj sea-breeze is Hope, the mc pests. The regular 16th of June ii generally great this sometimes river beyond tl Snow begin distance on the middle of Octo with pack anin The summei indicates occasi lasts on the u continue to fli arrives. But the wini very closely, preclude wintei grass in most Similk-a-meen snow never lies The countrj and impassable Above the En «ame distance the evidences approach the wormwood an extend thence At this pc the horse regi northward, anc Horses, liowev around Walla- In conclusioi mines, to suppl imported by hi * Couleaia, or Knives, is merely a corruption by the Canadian vogageum of the native name. The Lo««r Indiooi c»U them Saie-mee-wJ i they, in turn, call the Iiower Indians Sa-chi-mi neither party reeogniiing the foreign name. PAPERS RELATING T O BRITISH COLUMBIA. 83 favour. They arc, however, not indisposed towards whites, and, considerately treated, will doul)tlp8s remain so. As before mentioned, the upper and lower Indians have a standin^r feud, which is kept alive by a treacherous murder every now and then, as occasion presents. The miner visiting these regions will find no native resources beyond what the river supplies. Land animals are scarce, and withal so much hunted as to be extremely shy. Salmon can usually be bought very cheaply ; but as there is no salt save what may be imported, there is no way of curing the fish but by the Indian method. At Ska-oose, below the Forks, is a good sturgeon tishery ; and elsewhere in the eddies these fish may be caught. A strong line with some large cod hooks might be a useful addition to the miner's equipment. Set lines are an efficient way of catching these fish, the bait a small fish, or what is better, when procurable, a lamprey-eel. There are trout in the streams ; and on the Dalles communication grouse of various kinds, sage hens, and other fowl are generally abundant. In ascending Fraser's River mosquitoes arc very numerous during the summer season, and as the sea-breeze is rarely felt, the air is extremely sultry. Near the Tchae-tse-sum Kiver, below Fort Hope, the mosquitoes suddenly cease, and thence upwards the river is free of these troublesome pests. The regular freshets bc^n at the latter end of April, and last during May and June. About the 16th of June may be regarded as the culminating point ; and by the middle of July the waters are generally greatly subsided. There is rarely a freshet of much consequence at any other season, but this sometimes happens, and I have known a sudden freshet from heavy rains in October raise the river beyond the summer limit. Snow begins to fall in the mountains early in October. In July there is still snow for a short distance on the summit of the Fort Hope trail, but not to impede the pas: