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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 cartas, planches, tableaux, etc., peuvent Atre flimte A des teux de reduction diffirents. Lorsque le document est trop grand pour Atre reproduit en un seul ciichA, il est f ilmd d partir de I'angle supirieur gauche, de gauche A droits, et de haut en bas, en prenant le nombre d'imeges nAcessaire. Les diagrammes suivants illustrent la mAthoda. 1 2 3 1 2 3 4 5 6 I -" m- ' 35th Congress, ) 2d Session. ) SENATE. Ex. Doc. No. 2y. MESSAGE OF THI PRESIDENT OF THE UNITED STATES, COMMUNICATINO, In, compliance with a resolution of the Senate, the report of the special agent of the United States, recently se.it to VaiiGouver s Idzni and British Columbia. N '^ '^ c$ i^i T January 31, 1859. — Referred to the Committee on Foreign Relations. Fkdhuary 17, 1859. — Ordered to be printed. To the Senate of the United States : In compliance with the resoluti. ,' of the Senate of the 25th instant, I transmit a copy of the report of the special ao;ent of the United {States recently sent to Vancouver's Island and British Colnmhia. JAMES BUCHANAN. Washington, Jar^'ary 29, 1859. I ■ ^ Washington, January 8, 1859. Sir : In accordance with your letter of instructions, dated August 2, 1858, I proceeded, without unnecessary loss of time, to Victoria, Vancouver's Island, where I arrived on the 20th of Septernher, having been detained twelve days at San Francisco, awaiting the departure of a steamer. On my arrival, I found that a large number of those who had gone to the Frazer river mines, had left on their return to California, having become dissatisfied with the country and the prospect; and that, of those who remained, by far the greater number were merely waiting to realize sufficient to defray their expenses back to their homes. It was still likely, however, that a considerable num- ber would remain, both on Vancouver's Island and throughout the mining region of Frazer river, during the winter, if not longer ; and I addressed myself to the accomplishment, in regard to them, of the objects of the mission with which I had been honored by the President of the United States. The chief purpose of the special agency ontrusted to me I under- Btood to be, to infuse among the citizens of the United States, tempo- rarily resident in the vicinity of Frazer river, a spirit of subordination tu — i-i- J ,-i'.,- tiiCuoiouiai riutuuiitics,auu.oi rcspect for the laws of Gre; txx, uiiLaiu, and, at the .same time, by such representations to the governor of IZO^S'/S 2 VANCOUVER'S ISLAND AND BRITISH COLUMBIA. Vancouver's Island as circumstances would suggest, to endeavor fo obtain Irom that functionary the abrogation of the r goroiis svsLm of exactions theretofore pursued, and the adoption for thfflZeTZhl policy towards Americans as would not be inconsistent vthlh- rights as the citizens of a friendly power/arwoulX „ trmorT end promote among them feelings of kindness and Loodw^li towards the government and the subject^ of Great EriHin k^Z l intervention by the United States^^asdeeredn^ reason that rnuch exasperation was alleged to exist among those ot" our citizens then making their way to the Frazer river mS a-ains t^ie servants of the Hudson's Bay Company and the authorities o" Vancouver s Island, in consequence of the onerous exactions to whiVb they were said to have been subjected by those offiakSn Serous compla, nts o such exactions that had already reached the gover^men? of the United States, as early as June last, were in that noS brou 'h to the notice of Lord Malmesbury by Mr. Dallas, our mL ster°,t London ; and, from the declarations of his lordship in re Iv of the favorable disposition of the Britisl; government, as well^ from • repeated assurances of Lord ^^apier, the ]3ritish minister a W^shin^ ton, to the saineefrect,-.assurances of the sincerity of which no doubt was entertained,-the hope was indulged that the rigor of the exactions previously practiced would, uj.on proper re presentation ^nffW injustice be abated, and that tie wirk'of concSiou would be one of no difficult accomplishment. "°® In addition to these duties, my instructions contemplated that I t°tt?. rf- ^Z\ '^'^'^''r^i^. ^^'ith all needful and atteinable infor- mation touching the ne;yly discovered mines on Frazer river the emigration of American citizens thereto; and other kindred ubjects It IS scarce y necessary to advert to the history of the Frazer rTvei* exci ement ; hmv, in April and May of last year, the people of CI i forma, and of Oregon and Washington Territories 4re tarttd W rumors industriously circulated of fSbulous gold dilTer e.^on^^ i^^^^ river ; 1k>w, day after day steamers and sailing vessels left Uie por of fean FrancKscr. for Victoria, crowded to excess: mar^- of them carrying three times the number of passengers allowed L :aw • how thousands, who were then in pros])erous circumstances in CaHfbrnr dazzled by he prospect of immediately acquiring inimense wS ' eZr'fif. ^''^' occupations, both j.rofessionarand ma luaT and selling oil their mining claims and other possessions at a great sacr fic:s threw themselves into the mad crowd who were tliron^ ,t . wTth eager steps to the new gold fields. It is understood TaT; tven ' three thousand men left the port of San Francisco for Fraze river emu. i T^'vf"'- '^'"T"^^ '''''' '''''^ «^«^'la°^^ ^'-""^ the northern' counties of California, and from the Territories of bre-on and Wash nigton, by way of the Dalles and Fort Kamloops Soine estimate the number as much greater; but it is safe to assert that, the emigration to Vancouver's Island and Briti h (Idumb 1 during tlic gold excitement,-the bulk ofit during the months of M-u i^iii^^hil^tls;;;;;^""""^'-^^--^^^^"--^^^ ihe number remaining there at present probably does not exceed ideavor to 1 system of e of such a with their 'thermoro, good will Some such ^ for the ? those of !8, against horlties of I to which numerous vernment h brought inister at ly, of the as from • kVashing- no doubt exactions of their d be one d that I ble infor- ver ; the .subjects, zer river 3 of Cali- rtled by n Frazer tlie port of them w ; how lifbrnia, wealth, al, an(l at sacri- iig with twenty- 'V river, ortheru I Wash- o assert jlumbia of May, reached exceed Vancouver's island and britisii columru. 3 three thousand. The causes which produced this general and rapid abandonment of the colonies, I shall ])re8ently endeavor to explain. Thefirst body of gold seekers found their way to Frazer river from Victoria in canoes, skiffs, and whale-boats, American steamers being at that time jealously excluded from the river. Numbers perished ia these hazardous voyages ; many were lost in the mazes of the archi- pelago that stretches from Discovery island to the edge of the Gulf of Georgia , and many more in attempting to cross that stormy and dangerous Gulf, dangerous even for strong and large steamers, from the peculiarity of its currents, and from other causes. At length Mr. Douglas, governor of Vancouver's Island, and chief factor of the Hudson's Bay Company, was induced to i)ermit, on cer- tain conditions, and on the payment of a certain sum for each trip, the navigation of the river by American bottoms, reserving to himself the right to withdraw this permission whenever boats owned by British subjects could be provided for tlie transportation of passengers and freight. A number of steamers (the Sea Bird, the ISurprise,°the Umatilla, the Mai-ia, the Enterprize, and others) immediately com- menced running between Victoria and the different points on Frazer river, and by these means the emigrants were enabled to spread them- selves over the gold regions on the river and its tributaries. The failure of their quest has been already chronicled through the press. Some, it is true, without experience in mining o[)erations, be- came disgusted, and left without giving the mines a fair trial ; but the great majority of the emigrants were men who had gained a thorougli knowledge of mining by years of experience in California, and whom no hardships or discomforts could deter from the prosecution of their purpose. These men have penetrated into every acce^^sible portion of the gold fields, from the mouth of the river up to the Canoe country, down Thompson river, from Fort Kamloops to its mouth, and up Bridge river nearly to its source, and have prospected every spot where gold is supposed to exist. It is true that gold has been found everywhere, but, for the mr>t part, diffused in such small quantities as not to reward the labor of digging for it. Some idea may be formed of the unsatisfactory yield of the mines when it is considered that, notwithstanding the immense numbers of people precipitated upon Frazer river and the adjacent country, the entire yield from May till October, inclusive, did not much exceed half a million of dollars. There are .some five or six bars on the river, between Fort Hope and Fort Yule, (Santa Clara bar, Texas bar, Emory's bar, Hill's bar, and one or two others,) that yield well ; and on Bridge river, and at the forks of Frazer and Thompson's rivers, good diggings have been found ; — but in the whole region hitlierto prospected, there are not eligible ;iacti>-s more than enough to give remunerative employment to about fifteen hundred miners. What discoveries may be the result of future researches to the north- wan! ar. ; eastward of the present gold region can be, for the present, only matter of vague speculation. Hitlierto, no gold-bearing quartz ledge of any extent has been found, and but little coarse gold. The bulk of that washed out is exceedingly fine dust. Some considerable H * vakcouvek's island and bhitish comimbia. I'nizt.- river, one hundred miL ii, •. *»'* Hope, situated on ton, and, a.'the river became ,w and Z diZn'/'"-'/?"'" ^' creased, flltj. dollars per ton wasThareed pf,^ i-^ f « '^^"^'"' "" Yale, a distance of sixteen nTiks^hW,. ^™'»,*^»;' H»Pe '» Fort canoes, the freiuht was twen^i dnl'l, "'" ""^ ^^ P'"''''™ed in the ri«r not brin naviSevt (tr' ''" ""5' "'"^ *'"'" *•"" P"*"'- dred miles, Provisions were i.«ck«l n *'"' "P*""'' o'*«o Imn- varionsdi J„,srj;r:yecCg^tfXlVe" "»'' •"•*' '^"^ expeteTt^l4:rS;\t«sc:;t'":IiT?''"^ "7 ""^ '»^" »" the labors of the miner even »h?„^ff */' '?."■"'* "«««» rewardea favored s,,ots, scarcely snfflcrd fL V ""** ^"'''' "'"''P' *° ">« ■»<'«♦ spent all 'the mZs" e/had brou Jht '^itl^K ' f ""'^ f^/'r-ds prospecting without a«/remunera"fon wTIte, from the?„ f '"'" '" Fr ir i've';\o"S doTofoZ""™' """ /'-^^P-H-. oM in the .ion from any'^,S?UonTt'hfuni?e7C?'''^ """'^'™^"' '»' ™'S- To?a?d:reasf 'i'ts'Ztrte r^s'^^:„t"^' "-'-i »'• r- growtli of fir trees The fpw .,«7nV. V' mountains, and a dense are mter lor pastarage' thi: t f "^^ „" T^n'^d"';™* 7'"^'"' on lliompson's river, there is a DmiriJ.f t . * Kamloops, the monnt^ains are minute strps\fvTli:yaTlufrh'' ^^^f'^"^ generally so difficult of access as to be TmVsr„nav Jlabr;' T' ^'' purposes. There is at nrpco^f ^^ i , "*V '"^^"'® -o^ 'f^rmino: men in the colonV^xl^ ™ ban, A "ff" .''"'.«™«»'' by ''hit? vicinity of Fort KamToo™ Eastw 'd^* T"" r.'f 1" ""> '"""ediate MountLs, the con"^rT s mToZn' Ztte^U^T "^^ ''''' ^''''y iavorable to agricultural pursuits ?{;:"'„„"Ll\:t""'"' '^ ""' "- pletlrM !Cn"a'sVnXrT:uih" .the climate as anything but it as follows : ' *'*""*«' antnonty on that country, writes of pe:;Sa.?y'Te'^':,rr;r:irkat'':idrn 'if^nrSf-r ''^- "">»«" Hpring, which lasts from April till June' L^Jlt^'^' , ?"""S the country are delightful In T„ni ,1, "!' ""^ father and face of the drifted furiously Slong by a strong t«fl "^ol""™' incessant rains, the heat is intense, aid the 'r„ufd^t J "'',• ^? ^"^^""^ ^"S-^t ture produces ".yriadro/tfo^r^g flfesZdts" r*" Tti7f f °''^ sunshine are succppHpfl in Sor^+^:, i '^° »"^ msecrs, ihis heat and that, until nooTittl:?d^2' Ts'lbLYofel!,'!!!? P& distance thau one hundred yards. In ]SoyeSw;'\'irf:rnt:r''ieTs^i:' I Vancouver's island and British columima. 5 speedily, freezing the lakes and smaller rivers. The cold, however, is not 80 intense as mijijht he imagined in such a country aid climate." From a British army officer, formerly in the service of the Hudson's Bay Company, a gentleman of great intelligence, who has traversed nearly the whole region comprised within the newly estaolished colonv of British Columbia, i learn that there is no part of the country tha't will everjustify farming operations of any raagnitudeor extent. A large portion of the country is covered with water, and the rest is broken, cut up by rocky mountain ridges, and covered with a dense growth of fir and other timber, valueless as lumber, and unavailable for spars, for the reason that there is no possibility of conveying it to the coast. The climate of the southeastern portion of Vancouver's Island is, for the most part, pleasant and healthful, except for a few of the win- ter months, during which boisterous winds and cold rains prevail ; but the soil is illy adapted for the growth of cereals. On the eight or ten square miles of open land in the neighborhood of Victoria, (the capital and only town of the colony,) there are some well kept farrus, and in the patches of land on different parts of the coast, covered with Indian villages, the potato is cultivated with success. and good farms might be established ; but with the exception of twenty or twenty-five square miles, which comprise all the clear land of the island, the remainder, two hundred and seventy miles in length, by from forty to fifty broad, is a mass of rocks and mountains and sterile clay, covered with a dense growth of valueless fir and tangled under- brush. Even that portion of woodland which is accessible to the axe would not justify the labor or expense of clearing, as the soil is too barren to yield anything like healthy or remunerative crops. Neither colony, therefore, offered any inducements to our citizens, disappointed in their mining operations, to settle down in the country with the view of tilling the soil. But there is no doubt that, independently of the unpromising charac- ter of mining and agricultural oi)erations, the early and rapid aban- donment of the colonies b)f our citizens was induced, in some measure, by the petty exactions and other annoyances to which they were sub- jected by the servants of the Hudson's Bay Company and the officers of the colonial government. Immediately on my arrival at Victoria I took means to inform inyself as to the various causes of complaint alleged to exist, with a view to making such representations to Grovernor Douglas us might lead to their removal. I found in force a number of restrictions on mining and commercial pursuits, that operatec" as very irksome bur- dens, not simply by reason of the amounts exacted in the shape of taxes and other imposts, but because they were known to be exacted without authority of law. I shall proceed to rotice these taxes in detail. I have already said that, at an early stage of the Frazer river excite- ment, Governor Douglas gave permission for the navigation of the river by American steamers. From the following document, which is a copy of the original agreement, it would appear that the permission was given by him as factor of the Hudson's Bay Company, and not as governor of Vancouver's Island. 6 vancouv:k's island and binmn Columbia. Copy of agreement. The affent8 of tl.o Hudson '« Bay Company agree to license one or .v^' J;*/^*^'^'^^t and transport no sroods to, on, or from Frazor river except the K^oods of the Hudson's Bay Compan;, or such as they mav' perm, to be shipped, and that for the transport of sue / ioods tlfat t e ire.ght do not exceed the following rates, viz : ^ ^ Victoria to Langley, $10 per ton of 2,000 pounds or 40 feet measure- La^gley to Fort Hope, $10 per ton of 2,000 pounds or 40 feet measure- Fort Hope to Fort Yale, $5 per ton of 2,000 pounds. Iveturn rates to be m the same scale. carry no passengers to or on Frazer river who have not taken ^.ilTr^J^"^ P?™^* ^^T '^'' government of Vancouver's 2. To out a mining _..„., ,,,„„ ,.,^ island, and one month's advance thereon *J' ^^\'\ ^'''yj'^^^ "loney to the Hudson'sBay Company at the rate of two dollars for each passenger proceeding into Fraier,^of takiufms sage from Langley upwards ; a settlement to be made at the en of each tnp, and an officer of the Hudson's Bay Company to be receded o^J'^i^i:^::!^^'''' '^ '- ^^ ^^^ ^^^^^ '^ — ^^^^ -d 5. That permits on said terms will be continued until exnirv of the company's license to trade, in the montli of May, 1859 ^ ^ it will be pei-ceived that this license is given by the a-;nts of tl.P Hudson s Bay Company to ply to and on Frazer river. By wlau'.d ' \ ^, ,\,^^U , " ^^^^^ Britain did not choose to assert that ricrhf how could the Hudson's Bay Company's servants claim to mak^cS' tions with our people and charge toll for the privilege of^ entering V thiTmV^^' 'YJ ^'^^ '^' V^^'' ^^" ^^«l"^-« trade whh li^^ af s tVI 1 -P"^' *^'°' '^?*'^^ ^^*^^ Davigation of the river. ' .n; •. .w ^^•''°' 'J''^'^' ^° * remarkably strong light the -raKnirnr spirit that animated these officials. While othe? traders Brf ^1 ''d American, were paying forty and fifty dollars per ton Sigh ji^ t Hope, they exacted of the steamboat owners, as one of ihe conditions of opening the nver, that they should carry the freigh of the co^" pany for twenty dollars per ton, thus secuHng to tlfmtelves a W advantage over other merchants trading on the river "'''''^'' ^ ^'^"^^^ Another very remarkable condition is that contained in Articlf' 9J ■ Every person leaving Victoria for Frazer river, no ma te7 what 1^^ cor:"un7er'?h";-r"'' rr^ 'r ^^^^^^^^ '^^ aiicrn'if^i^e'' o couist, undei this regulation, the tax was extorted from a great lie Vancouver's island and imiTisii Columbia. 7 many of our citizens who never visited tlio river with any intention of mining. I have seen a number of affidavits made by American citizens, setting forth the fact that they had viwited Frazer river with no intention of mining ; had never mined, and yet had been com[)elled to take out a mining license. The enforcement of the pre-payment, at Victoria, of this mining tax was aban(U)ned a short time previous to my departure from the colony in November ; but for a hmg time it was rigidly ex- acted, and a file of marines from tlie British vessel-of-war at the mouth of the river, was called into requisition, when it became neces- sary to enforcecompliance on the part of a set of rebellious passengers.* The third article requires the payment of two dollars head-money to the Hudson's Bay company, by every person entering the Frazer ri'-er country. I never could learn why this tax was collected, except that the Hudson's Bay company were the temporary possessors of the land, and they chose to exact this tribute from strangers on en- tering it. The fourth arfide had neith' r truth nor substance, and was never intended to have any effect. The steamboat owners with whom the agreement was made were American citizens, the boats were American bottoms, sailing all the time under the American flag, and were so declared to be by their owners. The agents of the Hudson's Bay company said the article was a mere matter of form, and so it was inserted. The following is a copy of the sufferance taken out by steamboats (for each trip) under the above agreement : No. 580. — General Sufferance, Port Victoria, Vancouver's Island. These are to certify to all whom it doth concern, that sufferance for this present voyage is granted on the conditions annexed to Captain Wright, to proceed on a voyage to Frazer river with steamer Enter- prise and cargo, as per manifiest, and that the said Captain Wright hath here entered and cleared his boat according to law. Given under my hand at Victoria, V. I., this 18th day of October, 1858. CHAS. A. ANGELO. Deputy Collector. *- We would most earnestly impress on all persons about proceeding to the mines the necessity of obtaining licenses to mine from the proper otHcera at this port, as ic will save them much time, annoyance, and may be serious trouble. Mr. Purser Welch, of the steamer Surprise, informs us that on his last trip up some fifty of the passengers, mostly Irishmen, refused to buy licenses, and expressed their determination to disregard the law in this respect. When off Point Roberts, just at the mouth of Frazer river, the Surprise was ordered alongside of H. B Majesty's war steamer Satellite, boarded by her officers, and the fact of the contumacy of the refractory ascertained, when a tile of marines was stationed on board and each passenger obliged to show his litouse under penalty of being put a»hore These prompc measures brought the rebellious to terms, and they were very glad to be al- lowed to purchase their licenses and proceed on their journey. We trust all persons arriving in the country will cheerfully obey the laws, as it is their duty, and because we are satisfied such obedience on tlieir part will not only ci'uduce to their own but the "ublic "ooJ Vrtorii (V. I.) Gazette of Juiie'jd, 1S5S. ' " ""^ ^ '^ "" '" 8 VANCOUVKR's island and BRITISH COLUMBIA. c.xa^.h.r!;n7f ''''"'v ^'7 '*^^^}^^t the finrn of twelve dollars whs « xaite 1 and for each Nullurance for a canoe, and every other dewcrin- tZ ♦. . f entering the river, the flurn of nix dollars. It will bo een that hy a renmrkable confuNion of jurifidictions, this Hufferancc ::i<>lT tlrn/n^^ -'''''''' ^^" ''' ^^^ ^'' ^'^^--^ ^ ««-- "he Thus far, the taxes imposed were — For ruining licenses, renewable at the end of each month «5 00 Head-money from each person 2 00 Sufferance for a steamboat for each trip !'> OO Sufferance for each canoe and other boat 6 00 ^ From canoes and other small boats passing up tho'rirer these imposts were collected in this wise : A hermaphrodite brig, named the Recovery, ft.rmerly owned by the Hudson'^ Bay Company, but afterwards ,,ut in commission and commanded by a lieutenknt in the lirifisfi navy, was btationed above the mouth of the rive^-, and by her every boat passing up was hailed and ordered alont^side U the pjussengers were so unfortunate as not to Live means to pay mining licence, head-money, and sufferance tax, their watches, pistols knives, or other personal eflfects, were held in pledge for payment. Iq he absence of such personal effects, bags of flour, beans and coffee, fpT;v.''"i u 7.r''x'"'^"''^'^''*''^**^"'^'^'**"d I l^»ve been assured that the deck of the brig wuk covered with those articles. It is but just to a ^ contractor on the Harrison IV. ;r \ir" •''^*''^' H":^^ gentleman promises that the goods im- ])orted by Mr Wright up Frazer river, for the subsistence and clothing oi his men, shall not be charged with this duty of ten per cent, as ong as the license of the company shall continue in existence, but that alter Its expiration they will have no control in the matter If the duty had not been imposed by the company, they certainly would have had no power to remit it in Mr. Wright's case. 1 shall be enabled in a few days to furnish a certified copy of this letter lie following IS a copy of the permit granted on the payment of the ten per cent, duty : i j ^^ VANCOUVKUS ISLAND AND BRITISH COLUMBIA. 9 |5 00 2 00 12 00 6 00 Permit. PennifHion is hereby given to the northwest bounilury cominiHsion of the United States to import the following packages of merchandise into Frazer river : Marks. — George B. Ro])ert8 for Alexander C. Anderson, collector. Contents. — Two thousand pounds barley. ROBERT FINLAYSON, Hudson's Bay Company. To the revenue officer of Frazer river. WILLIAM JEFFERY. Victoria, V. I., September 2, 1858. Appended to this report is an affidavit of W. G. Eason, esq., now resident of Victoria, setting forth the payment of the duty on the above mentioned shipment of barley, and the refusal of Mr. Finlay- son to receipt for tlie same. I likewise append a statement i'rom the books of G. A. Reynolds & Co., merchants in Victoria, shov ing the amount of duties paid by that firm for a portion of the montn ot Sep- tember, 1858. Having informed myself concerning these various imposts, I waited upon Governor Douglas, in accordance with your instructions, and represented the various causes of complaint urged by our citizens. From the friendly intentions expressed by the British government, and the earnest disposition manifested by Lord Na{)ier, the British minister, to co-operate with the government of the United States in such mu- tual offices of kindness and conciliation as would soften any feeling of exasperation that might have i)reviou8ly existed on the part of our ])eo[)le then on Frazer river and Vancouver's Inland, against the local authorities, — and from what I was led to believe was the tenor of the instructions sent to Governor Douglas, simultaneously with my depart- ure for Frazer river, — I apprehended no difficulty in inducing, on the part of that functionary, such an abatement of the rigor of the pre- vious exactions as would allay the existing discontent, and would secure, for the future, harmony and good feeling. I regret to state that neither the instructions sent out, nor the earnest and courteous re- monstrances which I deemed it my duty to address to his excellency, against the injustice, the impolicy and illegality of those exactions, were efficacious in producing more than the partial and inconsiderable modification I have before mentioned. Governor Douglas, it is true, expressed the most friendly disposi- tions; but when pressed upon the subject of an abatement of the re- strictions on mining and trading operations, remarked that there was nothing to prevent the Americans going elsewhere if they were dis- satisfied with their treatment in the two colonies. As an apology for the imposition of those onerous taxes he alleged the necessity of protecting the miners from the Indians. The only jjrotcctiou evcf alTordcd against the Inuians was uj tne appointment of a few special constables, a force not likely to be very efficient in an 10 VANCOUVER'S ISLAND AND BRITISH COLUMBIA. IVlnt ^^ .1 ^^bited exemplary forbearance before they strSck fin":? V !u^"^"*°^^' "^^ "^^^^^ o'^r citizens complained were not mn chhenlVt'T'^^T' P^^°^i^t«d, I directed the complaints of our offenoP nn? • • """^'Z' "^^^ ""''^'^'-'^ *^o"^« days afterwards for t hi =5 £S' '«•"". *v=ti'3'i: Si-. as>mnlt^n;.!,t"w^„^^.^^^"^" ^ea^en was Andrew McKenzie. the Vancouver's island and British Columbia. 11 pelled to itile, from a strange 3ng time, their for- nmitted ; 3 floating went out hey then idividual 1 among ny of all engaged iy struck employ- not con- nplaints rs of the sioner of 'ejudices in pecu- ises that justice, iuliarity 'ere the sticited ry that of our ned in Iraprac- •f these nent ffidavit United y; had 1 honor or this ped-up prison, id and ers are 10 was any at ntoxi- e, the dson's tbrma- plaint or issue process, for the reason that Nanaimo was out of its jurisdic- tion. The day previous, the same court had entertained a complaint against McKenzie, and had him arrested on a charge of uttering threatening language, the offence being alleged to have been com- mitted at this very same place, Nanaimo, which next day the judge declared was out of his jurisdiction. On the first day, when the com- plaint was entertained, it was that of a British subject against an American. On the next day, when the complaint was not enter- tained, the case was of an American citizen against a British subject. ' Another case will be ibund to be that of a ditch company at Santa Clara bar, on Frazer river, who had, with great labor and expense, constructed a ditch conveying water to their claim ; when, as they were about to reap the fruits of their enterprise, the commissioner of crown lands, who had been previously given an interest by another party, prevented them from using the water, and gave the privilege to the partv with \\hom he himself was connected. Another, from a com- pany on Texas bar, complains of a similar piece of knavery and op- pression. Another memorial was received from Hills' bar, signed by one hundred miners, and complaining of similar outrages on the part of the same functionary. Numberless complaints of this character poured in on me from day to day, more or less meritorious, but all of them proving a most grasping and avaricious spirit on the part of the petty authorities of the place, or else a studied determination to disgust the Americans with the country. These things continued up to the time of ray de- parture ; and a few days before leaving Victoria, having been apprised of the existence of a very embittered feeling on the part of our citizens, engendered by these many acts oi injustice, I deemed it my duty to issue an address to the Americans residing in Vancouver's Island and British Columbia, putting them in possession of the views of their government in regard to their rights and standing in those colonies; admonishing them to commit no violation of law, and to be obedient to the authorities ; at the same time admitting the numerous abuses that existed, but pledging to them the intervention of their own gov- ernment for the redress of their grievances and the protection of their rights. This address I subjoin from the Victoria Gazette, of November 13, 1858. To the citizens of the United States in Vancouver's Island and British Columbia : Having received from citizens of the United States mining and trading on Frazer river and in its vicinity, a number of letters com- plaining of acts of injustice and oppression at the hands of the colonial authorities, and being on the eve of my departure to lay ray report before the government at Washington, I take this public method of apprising American citizens sojourning in Vancouver's Island and British Columbia of the views of onr yovenimfint in vpo-ard to tlipir rights and standing in these colonies. I need scarcely say that the government of the United States expects of its own citizens abroad a decent conformity with local regulations. 12 VANCOUVER'S ISLAND AND BRITISH COLUMBIA. obedience to the laws of the rnimfn'oo fi,«,. , • -^ of respect for the authorities brwhomthLI'Tir'' * F'?^' '^"^ This is exacted of strangers vishi"gt"edirre„t State's 'ffTT'^- of Great Br"£ and are liahle Mkl ii '!.*" '*! '\"" "' *^' ""'""o" out V those laws ?o peroi^p ^erl/co ° ^ " Zl^^^lT ""'''" its infnujreraent— althono-h fhlVrno rr ^ ^^-"^^ provocations to m&mms. mmmsm In some mstauccs, no doubt, these courts have faUea ^'oToTlll wm^ wf/l' ?^* '* '' ""^^ *^ ''^ ^«»^*«^1 <^hat the British government ^ citizen chiefs, that they and their nPo^lp^f i if '^v ^'^'^ '^^^'"^^ ^^dian wero coming there to rob them of thS cattle of thplfr/''^°.' their squaws; and were advi«n,I 1... +i^ ' ., ^ "^^d' ^"d viduals to commence I war oTif-^ •^°!- '^""^ ?^'^ ^^'^^^^ ^^^i- and furthermoT when 1 Tate tb«fn "/!'''' ^^'^^"'* ^"^ '^*^^^°« 5 hands of an Indkn "n October T •^*^' ^"°/ '^P^^^^^^ ^'^"^ the Indian fights in wTsh nekton ^fe^^^^^^^ ^° °"^^^. ^^l^^^l Wright's date of 1857, whi^J 1,^^^^^^^^ 7^\^ British musket of the of our Indian territory ^xcJotthrL,^^^^^^^ ''' -"^"^'J^*^ '^' heart I3ay Company and that nnmbpr-If^-^-? ^"^'"'^''^^ «f the Hudson's to the Inciians'irthe war a fain n T'^^' ""'^P'"' ^^^^ ^"••»i«hed is entertained. My inforSnfn^^^!^^^ fi?' *.'^^ ^'^''^^^^^^ ^^"ht a number of army Ulcers fS frn JtT w.\^''/f? ^' ^^^^^^ f^^^^ Territory, and persSy c^'^L'^ of'tt^ t^^^^ Lieutenant Morgan, now statfoned «t Olrl P • . r '' V '''"'?"° *^^''"' Tyler, I believe on leave nm w^t?- ) K""'''^ CWifort, Lieutenant and Captain FletcLi on Late ' nd w W ^^f' ''''^' ^^ *^"« P^^««' tion in \nrginia. I ;m furt^ier tl .f i^i.*'''^-^P'"P communica^ the Department of .SHte tW Vff^^^^ ^^ *^''^ ^'"^ ^^^^^"^^e "«^ in Washington Terr'to v llii H f' !" '^''^'^'9''^ battle fought in other Indians, the tuieort«o!f/'"^'' T'^' '}' ^l^'^'^'^'' ^^^ of the UnitedVstate whfch fen iX'heTn^^^ ?"/ ''^''' ^''^'''y subsequently purchased fron! tlni by' e a4n ts'of tt Zdf '' ^"^ Company, at Colville, and other nkcer fW fi • ''^'\'" ' ^^^^ marks and brands of the UnS St«T.V a this property bore the Chasers to have been Tlimlerpdhvf'^^^^^^^^ ^'"^^^''^ to the pui- of rebellion against ^^^^^^^^^ '"^"^"^' ^^'^^ --« then in a itate stolen ilroilert;^^:^^^;;;:;^,^^ to receiving this a.ains/ oi^- t.^ps w^h t^l^^^^Sl^/'^^-nii^^ VANCOUVEliS ISLAND AND BRITISH COLUMBIA. 15 Y remarks le courts, th which •od i'rom a r, now in he colony imself on nishment convicted ' to send •gues and lain." e gentle- cTavish. ?et, have ms ; but officers, 11 be ad- a citizen 1 Indian iresenta- nericans 'od, and ed indi- itizens ; rom the i^right's t of the e heart udson's rnished t doubt 2(\ from lington them, itenant ) place, lunica- now in ght in es and 02)erty 3, were I's Bay )re tlie e pur- a state ig this e field ) roved I by the testimony of array officers and others. Mr. John Owen , special Indian agent to the Flathead nation, Washington Territory, wiites from Colville valley, on the 11th of July, 1858, as follows : (I quote from the report of the Secretary of the Interior, pages 618^ 619, 620.) " I arrived at Fort Colville in company with the Hudson's Bay Company's "brigade," on the 4th instant. I met at Colville the Ca3ur d' Alene chief, with some ten others of the same tribe. They came well mounted, on United States horses and mules ; they are offering the mules for sale ; some were bought by the Hudson's Bay Company. I told the gentleman in charge that I had no orders to stop it, but I did not think it right to furnish a market for stolen horses to the enemy." ******* **3|c TheHudson'sBay Company's train, some twohundred head of horses, starts in a few days for Fort Hope, for the year's outfit. I think they are to bring some two thousand pounds of powder, Avith a pro- portionate quantity of ball. This, as a matter of course, will find its way into the hostile camp, or at least a large portion of it. The trade in ammunition might be stopped here, but as the gentleman in charge told me^ we could not prevent the company from trading at Fort Forty- nine, which is another post, some thirty miles above Colville, on the right bank of the river and across the line." Mr. Nesmith, superintendent of Indian affairs for Oregon and Wash- ington Territories, to whose notice these facts were brought, writes to the special agent as follows. His letter, dated August 2, 1858, is to be found on pages 023, 624 of the report of the Secretary of the Interior. *' You are also requested to warn the officer in charge of the Hud- son's Bay Company's post at Colville to desist from encouraging the Indians in stealing and marauding by purchasing from them the property captured or stolen from the government or citizens of the United States. You will also warn him against supplying the Indians with arms and ammunition, and communicate such acts of the kind as may come to your knowledge to the commanding officer of the column now approaching Colville. If the officers of the Hudson's Bay Com- pany have knowingly become the recipients of stolen property, they areas guilty as the thief who stole it, which, together with their fur- nishing arms andammnnition to murder our people, sluuild stamp them with infamy and cause their ox})nlsion from American soil. It is hoped that the military will take steps to prevent a rc^petition of the outrages complained of." The subjoined extract from a letter published in the Washington Union of October 31, 1858, from Doctor F. Perkins, of Oregon, will furnish further corrobon^t'on of the above charges: •' We remained at Foii. Jolville four days, and during that time thirty of the Cocur d' Alenes, with their head chief, were occupying a room in the fort. It will be remembered that these were the very ones wlio had defeated Colonel Steptoe ; and they had with theoa a great number of American ' U. S. 1). 'mules and horses, which were sold to the chief of the Hudson's Bay Company at Fort Colville, for a small nominal price ; he thus furnishing a market for stolen 16 Vancouver's island and British Columbia. goods knowing them to be such, and that they had been taken at Colonel Steptoe's defeat. While we were at Forf Colville ever/n^^^^ and w^^wr"'^^ ^"^r ^^^^^ ««^lp ^ance, with their drums beafng and wai-whoops sounding. They did exactly as they pleased there and would go into the kitchen and take smut offof the kettles to black theiMaces, which is a well known sign of hostility, indieai^^g war to the knife In connexion with this subject, I will mention thrttle chie in charge at Fort Oolyille made the 'remark tha? if the Uni d States government would not allow him to sell the Indians ammunition ofS lineTn" tV V* rV^'^' Forty-nine, which is three nTes no th ot tfie Ime in the British possessions. Heretofore there has been a very small amount of ammunition sent up from Fort hZ to Fort Colmllefor the wmter ; hut this year it amounts to five hm^dTedlouMs fh/r:"/'"' r"^^ ^""^^^'^ '^'"^^^^ ^^^^ «^y previous yeT There the Indians have procured the ammunition with which they have fouaht XdfoTs^BZVn' "'''? ^^^ '"^^^^^^^^ '' '^y ' ''' the fizz me Hudson sBay Company have sent up so much more than usual this year, tohen they have no more call for it than before, is sumZive and every man can draw Ms own deductions how tL ammun§TisVbe During my stay at Victoria, I was informed by the city marshal on WiZn? H^ ^^'^r'l '^*r°^' ^^'"^'^^ J^«^«°' Willfam John- W°ilkn/ Zw '?' ^f% ^'"?'^' ^'^^^^ ^^1^^' *^^ ^ «egro named aW fn\ 7; T'"f ^. ?^ "^^^^^^ «ff«"«e« against the faw, were about to be sent to trial without counsel. With the oxcention of thp m the colony were American citizens, and these were not allowed to prac ice in the courts I addressed a note to Governor DouX re^ sTtoX r'- "°^f ^t^T «'^«'^°^«ta^ees, to interpose and cause coun- aI • ,^^'«^g^^d t« th^ accused from among the members of the American bar present, as the denial of counsel would operate as a Lea? hardship and injustice. While the governor was hZTng the matter under advisement, the prisoners were tried, and with one fxceo^^on T beheye, convicted. Afterwards I was informed by a notrfrom his excellency that the application could not be granted as the rrLnf tt Brittl"'''^ ^7^"'^ P^^^^^^^"«^ ^^^-^ '' - " -'« not a ubj Tt of subteiSl^.^ ^ ''^'''^' ^f, '^^'^'"^ '' characterize this as a mere man wbf f I.Pn I JX' '""^ ""4 ^PP'^' ^"^^^ *^^ ^^«<^ that the gentle- oTtLl^ntL^!fotf riylT '''''''-' ''' b-a-mber furnfshThrwit" "''' ^^^"^^^ ^^"^^^^ ^^ *^^« ^-*-- - hJZT ^^1 ^^T P®**^ exactions and oppressions, these denials of Sle thatTbfr' of rampant prejudlc^e, the conclusion I re sistible that whatever may have been the disposition of the Rriti^h fheXdTon's Z%t' '' ^'^ """"''rl ^ffi-l« -d :^- tt t vai fof tII^: ? r^ Company was aught but friendly towards our neonle ^f tTe'Sd T.*^' less excusable, for the rea^son that tie cSns VI me United fetates vi^itin"- fbf> m^^'^'aa --^ t i ii '"^"q colonial officials, including Governor Dong J, manrtimeTe'xpressed Vancouver's island and British Columbia. 17 iw, were their surprise at the utter absence of any riotous or disorderly spirit among the miners. Even breaches of the peace of the most trivial character were of very rare occurrence ; and, by everybody, the warmest praises were volunteered on the invariably quiet and orderly conduct that was observed. I would here remark that from the officers of the navy stationed near Victoria, and from the English gentlemen re- siding on Vancouver's Island, the Americans received nought but courtesy, kindness, and attention, from first to last; and by none have 1 heard the acts of the Hudson's Bay Company's servants more strongly censured than by subjects of Great Britain who have long resided on the island, and who are cognizant of the many abuses practiced by the company and its agents. If the unkind and unfriendly acts upon which I have commented above, originated from jealousy of the advent of the Americans, or from fear of their eventually laying claim to the country, such jeal- ousy and such apprehensions were wholly gratuitous. The Ameri- cans, it is true, were in sufficient force any time within the first six months to make successful any movement on their part towards the seizure of the colonies, which the fears of the authorities may have suggested as possible ; but they entered the country with no maraud- ing propensities ; and furthermore, setting aside their indisposition to disturb the peaceful and friendly relations subsisting between their own country and Great Britain, the two colonies of Vancouver's Island and British Columbia really offered no inducements sufficient to render them worthy of even a temporary struggle. It is true that, in all probability, both will eventually cease to be under European control. Their ultimate accession to the American possessions on the Pacific coast is scarcely problematical — but in the mean time their intrinsic value either of locality, soil, climate, or produc<-ions, does not warrant any effort on the part of the American government or tiie American people towards their immediate acquisition. As national possessions these colonies are to us but of little value. As I have already stated, Vancouver's Island — two hundred and seventy miles long and forty to fifty miles broad — contains, as far as I could learn, not more than some twenty or twenty-five miles of open land, and that not of the first quality. It has one town, Victoria, very prettily situated, filled with a highly intelligent and enterprising American population, and destined to be a place of some consequence. But the chief value of the island consists of the harbor of Esquimalt, which has capacity for a whole navy, and where vessels can lie perfectly secure from every wind that blows. Soke harbor is small, but very secure. Around the Cowichiu villages is an extensive plain of good land, and the coal beds of Nanaimo are of good quality. So much for Vancouver's Island. Further explorations of the interior of the island may in time lead to the discovery of more valuable resources, although this is not probable. British Columbia has little to recommend it, except the forests of spars contiguous to the coast. The town of Fort Langley, thirty-five miles from the mouth of Frazer river, contains about eighty inhabitants. Fort Hope, some sixty-five miles above, contains about two hundred inhabitants, and as the head of winter navigation will probably be the depot of winter supplies for Ex. Doc. 29 2 18 VANCOUVER'S ISLAND AND BRITISH COLUMBIA. he point where the river ceases to be nawSfeven fir ' V" "'"'"T i■«.u^™;l:"sr«lra^:„l,reI?r:^^^^^^ times attended with difficulty and «^"eV *%^/'7„r'^''''Tl' *' "" number of lives lost in tr^J^pooro/thaAr"^^^^^ *?' ^"^"^^'^^'^ national possessions then wi h T>. /•^^'"^T"^'*''^*"^- ^« Esquimalt^hesecoUe Vll L^^^^^^ *^^ '^^^^or of valueless. It is true that Ih'/Ll An J^^' *° "' comparatively they will cease to ommand u'e fttention nf'^ *''v' ^'^^'''.^l though emigrants from England h.«,\lp«„ t ''"^ '* *^'''"'' ^'^^ ^*<^'-'*ct mining population stUl on FrL • ' ^ • ^ v^^ ?'"^* ^"^^ of the that quarter imperatively 'd:S^^^^ in'^^fc^^^TTrr^^^^^^^^^^^^ South of Point Roberts and c"osf to th" l\l "'if, ^"^. '^' °^^°««- Semiamo was laid out, on the Httle h.v nA W ^^'^^H' ^ *^^^ "^^^^^ is a road leadinc. to Fnrf T V"^®^^^ ^^^^^^ name, from which there on SgKaythetow^^^^^ «°d lished From this llfL " . feehome and Whatcom were estab- expetae, foTte^^ea'trt^r ^'l* ZfuZ 1' ntf^r,' '"""^ -.-^ Xref»tcoutS"' ^^^^^^^^^^^ slates or Terr torii: a ;T"t,eL^V "'"'"!"'■ ^^f '"«»» f™™ *« country previous to my de^Llllre^ '"'*""'""'' '^'"' '^•'^'>'''' *'>"* ing them to their homp«)?,ff . T authority to contract for send- Vancouver's island and British Columbia. 19 of my correspoDdence with- the company's agents, at San Francisco will be found appended to this report. In this connexion I take great pleasure in mentioning the humanity and kindness of Captain i ub- bock, of the steamer '« Maria," and Captain Wright, of the ''Enter- prise, to numbers of destitute citizens who had no means to nav for a passage from the mines down to Victoria. A large number were taken down by tho?e gentlemen without charge. Through the libe- rality of Mr Garrison a number were likewise taken down from Vic- toria to ban Francisco on the steamship " Cortes." *i,^u*\® already noticed the importance to the British government of the harbor of Esquimau, on the southern end of Vancouver's Island 1 hat Its value is beginning to be appreciated by that power is already shown by the recent concentration at that point of quite a formidable squadron, and by the preparations said to be in progress for the con- struction of forts and other means of defence. Simultaneously with these movements and, indeed, somewhat in advance of them, the Russian government has been, for some time, engaged in fortifying the mouth of the Araoor. i or several months past vessels from above have been ar riving at that point laden with heavy guns, powder, shot and shell and other materials for the construction of fortifications. It is evident that both powers look upon these points as very valuable as naval stations and as possibly of gi eat importance in other points of view in the event o a European war. In this connexion I beg to be permitted to call attention to the fact that on our whole coast, north of San Francisco there is no harbor affording a safe anchorage for vessels durincr the southerly gales that prevail in the winter months. ° By the construction of a breakwater at Cresent City a very safe and commodious harbor can be obtained, and, considering the very great importance of a safe port on the coast, the expense of the necessary works would be but trivial. I need not say that the want of a secure harbor on their coast is a great check to the prosperity of the peonle of the nothern counties of California, and that their numbers and the vast resources of that portion of the State entitle them to considera tion at the hands of the general government. But among the islands stretching from the Strait of Rosario to the Canal de Haro there are a number of fine harbors, which, from their capacity and safety leave us nothing to regret in having yielded Vancouver's Island. San Juan an island fourteen or fifteen miles long by about seven miles wide has two excellent harbors ; and Lopez island, opposite and separated from it by a channel of not more than a mile wide, has another fine liirbor perfectly land-locked and safe at all times. ' ' Both islands possess a fine soil, plenty of timber and of runnino- water, abundance of pasture land, and the whole group is fatuous as a fishing station. The present condition of this group of islands I shall hiieflv de scribe. They are claimed by Washington Territory as a par* of Whatcom county ; and, at the same time, are claimed by the officers of the British government as belonging to the possessions of ihat power on the Pacific. They have alre}» '- been the subject of some controversy between the American and .. .tish commissioners for running the boundary line, and the matter has been referred by those geytlemeu 20 VANCOUVER'S ISLAND AND URITISH COLUMBIA. Of Ihfdispre'^^'' governments. A fe^v words will explain the nature ThetreatyofJunel5,1840,Htipulate8a8folIow8: Article 1 "From the point of the iortyninth parallel of north latitude where th^ boundary laul down in existing treaties and conventions be wlenGrea? Britain and the United Stages terminates, the line of boundai V be- sir« *J«, ^'tones of her Britannic Majesty and those of he uLed btates shall be continued westward along the 4!)th parallel of north latitude to the middle of the channel whicli^eparat s tL onti^ent fVorn Vancouver s Island ; and thence southerly through the middle o the flaid channeland of FucaStraitsto the PaciticoceanT Provicfed however tha the navigation o the said channel and straits soiT of UieTortv-' ninth paralle of north latitude remain free and open to both parses ^' T 1 1 /If two channe s bet^veen the continent and Vancouver-'s Island, both leading out into the Straits of Fuca. The Strait of Ro a w^jIT'T '^T-""'^ T''^^ *" *''^ mainland, and the Canal deHaro which, besides being the beaten track, is much wider has TrrpaW average depth of water, and is nearer o Vancouve 's I'sland ^ 1 1 I claimed on the part of Great Britain that the St^t of RoiaHo be n^ the channel nearest to the mainland, is that contemplated by hf treaty ; bat a very slight consideration of the circumstances unde? which tne line was run, as well as of the wording of the aiticle above quoted will show that this position is wholly untenable In the firit place the only reason why the boundary liL was caused to deflec rora the forty-ninth parallel before it reached the PacX ocean was avoid the southern end of Vancouver's Island, on which there was nT^J'.f r'^ settlement The intendment of the article wasT^X to save to Grea Britain the island of Vancouver, and consequent vS nearest channel to Vancouver was undoubted y that thrS he Tp ?« nn \^'1 '•' '^""'^ ^•^'"t^'^Pi^^tedthelinesLuld 1. in Xafn the islands bordering on the continent belong to the continent untm otherwise stipulated ; but there is no stipulation exeunt .«fnV couver's Island ; neither was there any reason ex i^tb^^atthlt T ^vhy there should be, as none of the isia^ds'n dis^i e wl' t len occT pied by subjects of Great Britain. ^ weie then occu- It does not, of course, become me in this place to enter into nn elaborate argument of this question. My purpose is "nply ?o caU a tention to the design apparently entertained by Great ffiain on the shallowest possible pretext, to deprive the /eople cf tie United States of possessions clearly theirs, and the importance o which o feTver^rml^^d*.^ ''' ^^^^^^'"^^^"^ °^^^^ United^tates, cant^ll; I have the honor to be, with great respect, your obedient servant JOHN NUGENT, ' TT T no Special Agent of the United Stafp f'. '• '?!? "^^"'^^'^'^ '^' ^^''^^«*«-' attorneys and Tho nJ ^^'f-'^e ^« % respective courts of this colonyf ine ordc. {■;• rreo lo gives no authority, even to the iudiciarv fn, make assij;.:,n..t oi counsel to the members of the Sr of a brei^a btate, but exprtssly prohibits the appearance of any other person'to act in that capacity, save those so enumcrufced. ^ ^ ^"^ ""^'1 recently, prisoners charged with felony were not allowed to and 7th of mnl'o tv,o,v ^ f"' i --"""-•" -barged witu juiony were not raalve their defence by counsel, and this not until the 6th VANCOlTVER'fl IRLAND AND RRITISTT COLUMBIA. 28 RIA, 4, 1858. the honor th instant, ation copy mcouver's the execu- ericun bar fenceH and William the Fourth, when by special statute they were permitted counsel learned in the law, or by attorneys in the courts where attor- neys practice as counsel. It therefore follows that no power to assign counsel is vested in the executive. I have the honor t«> heyour excellency's obedient servant, GEORrrK PEARKES, Croivn flnlicilur and Attorney. )urt8 have assistance willing to E, ^retary. attorney^ , 1858. receipt of ommuni- constitu- raembers of crime distinct )fficer to I by law aw offi- to such Jall and -ing the f justice ys, and lary, to foreign 3rson to 3 wed to I 7th of Hotel dk Fuanck, Victoria, Vancouver 8 I&tand, November 3, 1858. 8iR : Indisposition and absence from town have caused your note of the 14th ultimo to remain unanswered until now. I am therein advised that your excellency finds it impossible to interpose, in accordance with the request contained in my note of the 6th ultimo, to cause counsel to be assigned from among the American members of the bar, resident in the colony, to American citizens accused of crime, in the absence of British subjects authorized to practice in the colonial courts. A former note had assured me of your dispo- sition to accord to the request your most favorable consideration. That the subject would receive such favorable consideration I had every reason to ex])ect. The plain dictates of humanity and justice should forbid tliat the lives and liberties of people of any nationality should be jeoparded, simjdy out of defierence to the forms of a crude forensic etiquette. Still more was I justified in hoping that these forms would be set aside, when their observance would operate most harshly and unjustly against citizens of a power on terms of peace and amity with the nation whose government you serve, and at a time when the bonds of friendship which happily subsist between the two countries are being strengthened and drawn closer day by day. * I need not say that I am greatly disappointed at the conclusion at which your excellency has arrived. The consequence of that conclusion will be that American citizens accused of crime in tiiese colonies will be, as some have already been, forced to trial without benefit of counsel, ignorant as they may be of the law, unadvised as to their rights, unac- quainted with the rules of evidence or the regulations of the courts, and denied all those facilities for proving their innocence that in every well regulated government are afforded to those unfortunates who find themselves in antagonism to the law. But it is not for its grave injustice, nor for the manifold hardships it will work, that such a course is alone to be deplored. It will naturally prove a pregnant and oft-recurring source of irritation and ill feeling to the Americans residing in these colonies. It will force them to contrast the treatment of their countrymen here with the treatment of British subjects in the United States. Tl-.ey know that there, no foreigner, however friendless or lowly he may be, how atrocious soever the crime of which he stands accused, is put upon his trial without counsel to represent him ; and that when be is too poor to command the services of the :"-i.j'™j_ I.JI.WU 24 VA^XOlJVER's island and BRITISH COLUMBIA. rnn;!?i%'^"[* *^H' '^''^^^^'K^^Sr^^^^^oe of his condition and assigns S f/fL^"'/'^r'- /*n^^ ?r^^^^« *« '^y that a comparison^o IriffJ l^f ,^d^^ntase of Brif.h colonial justice and its adminis- dmfiflTi -T ? i'°i'°'^*° ^"^"^^ ^^^*^* I «°^ not permitted to Prn-^iif Ar't^ /^c?"^^'^' government, as it is that of the gov- ernment o the United States, to promote and foster feelings of cordial rt^^^lrs^sr^ si:;j^; ^^^^--^^^ - *^- -^-- -^ I regret that your excellency should have taxed tlie legal erudition ofthe crown solicitor in reference to what is, after all a matter of simple justice. It needed not that functionary's learned opin on to prove that the judiciary should be independent of the executive But in a colony where, if I may without invidiousness say so, the.-, is observable so extraordinary a confusion of jurisdictions in its dsca executive and judicial departments, and where tl rr^have been so n^s oHt/" '''V'^' ^'^^^^^^"^ ^ °^^«* material sacrifice S the W.!i?f '"'^'','''^'''°'''*^ '"^« °o* unreasonable to indulge the hope that your excellency, to prevent great wrong and injustice and S^'t a ^iolatiTof r °^h--<>'^7andki'nd feeling,^ourd hive favored not a violat on of law, but an immaterial deviation from the rules of au imperfectly organized court. Disappointed in this hope, I have but to request that your excel- ency will afford me facilities for obtaining the names of those Ame - Br^f? Pnf ^'?"''^ vv'""t ^°, ^^^ ^''^«"^^« «*' Vancouver's Island and to tX w? r^'^' ''''V'! *^' ^^'^ «'^ «^«"*hs, who have been forced tLt I Z WnTl°'/\ *' ''^''''l' *^^^"^' ^°d ^^^^ b^e« convicted! u\lVaes^^rtlur^^^^ *'^'^ ^'^^^ '^ ''^ ^~-* «^ *^^ I have the honor to be your excellency's obedient servant, JOHN NUGENT, tt;. ■P'^««n n -rx ^P^(--ial Agent of the United States. His Excellencv Governor Douglas t P. S.— The last two notes received from your excellencv were flitrnp,! by your secretary, I presume, through inadvertence I beTto^oall your attention to this mistake, in order to prevent its recurrence Victoria, Vancouver's Island, Q November 9, 1858. ?esCd'"'° -l^l-o-itiun «„d hi, «i„o„e hope that /Jr htVth 3w »onclu8ioa already communicated to you rcspcctiug the assTgning of id assigns parison so admiais- rmitted to F the gov- of cordial lonies and erudition matter of )pinion to ive. But , the.o is its fiscal, 3 been so ice of the dulge the stice, and e favored e rules of )ur excel- e Araeri- iland and en forced onvicted, nt of the States. •e signed J to call nee. 5, 1858. owledge is regret 1 is now wish to British tit with ch tiiey e to the :ning of VANCOUVER 8 ISLAND AND BRITISH COLUMBIA. 25 counsel from among the American members of the bar resident in the colony to American citizens accused of crime. If there were no other reasons for limiting the practice in the courts of law to members of the bar who are British subjects, duly qualified for the privilege in conformity with the general custom of all nations, than that the act which established the judiciary of the colony has de- termined the special classes of lawyers who are competent to practice at the bar, his excellency conceives the question is thereby placed beyond the control of the executive. For your more particular information upon this point I have the honor to enclose a copy of such of the rules of court as bear upon the subject. The power to admit persons eligble to practice in terms of these rules is given to the chief justice. His excellency is convinced that you labor under raisappreliension if you suppose, as one portion of your letter would seem to indicate, that the lives and liberties of people of any nationality are put in jeopardy out of deference to what you are pleased to term a crude Ibrensic etiquette ; or that American citizens accused of crime in those colonies will be or have already been forced to trial without benefit of counsel and unadvised as to their rights. As you justly observe, the plain dictates of humanity forbid, and the humane and liberal practice of the courts very carefully prevent, the possibility of any such deplorable consequences. With the view of satisfying you upon this matter, his excellency would explain : That all persons accused of crimes are tried by jury trial ; that the magistrates who are commissioned to preside at such trials are gentlemen well known in the community for the respecta- bility and humanity of their characters, and whose sentences are cer- tainly not tinctured with severity ; that on all criminal trials the accused are allowed every reasonable facility for proving their inno- cence ; that they are not only permitted but invited to have profes- sional counsel or private friends of their own selection, without regard to nationality, to advise and assist them before and at their trials ; that the only restriction of professional counsel's privileges is that of pleading ; that this prohibition extends to British subjects equally with the citizens and subjects of all other nationalities, by reason of there not being, at the present moment, legal practitioners in the colonies eligible to practice in the courts — an inconvenience only tem- porary ; and that for the same reason the crown, as prosecutor, is debarred the privilege of counsel to plead against the accused. You will thus see that American citizens accused of crimes are treated, exactly similar to the subjects of her Majesty. The gravity of those allegations made by you caused his excellency flo much concern that, in addition to other investigations to ascertain the truth, he applied to one of the magistrates betbrc spoken of for exact information, and received an answer, of which a copy is enclosed for your information. His excellency feels confident that on your being informed of this liberal and humane practice of the criminal courts, rendered necessary by the present unlooked-for circumstances of the country as an un- avoidable temporary expedient, you will readily perceive and admit 26 VANCOUVER'S ISLAND AND BRITISH COLUMBIA. that the contrast which you have drawn between the treatment rp inct ve 3",& f '«'g\«"'J''ri'y ha, been American oti.t-f AvJthfn ?!,! 1 "i^^^^^^^ of Vancouver's Island and British Columbia ^<^ricuor.fi.ai„^aTor:drtrxi;; "'"' ■" ""'- *"<' whom I was one. excellency to three justices of the peace, of For my own ])art, I most solemnly declare thaf T moi tion, nor any nquiry, as to thp nTtL^2v^ } ^ ^^^^ °^ distinc- committing ofienL JgaTnst the la^t^ ?^^^^^^^^ ^^"^^ed with to its own peculiar merits anH ^1 1 • f ""'^^ ^^^^ ^*«« according during a time of grTat excitement ho«T''°'"'\"/ P^^^« ^^d ordel tion ; in proof ofVhtchT aknl fn 1 -^ ^ '"^"'* ^^ congratula- toria Gazette," November 2 185R f/'"5-T'''^;''^n* ^'^"^ ^^^ " ^ic- '' The order that has been nfinta n.!? 1 '' '^ ""^''^ '« ^'^ ^'"«^'««« : grave forebodings, aggravated bvX^ '"' "^^'' ^'^^^^^^t^^^es of directly pled^red to 8uEf\ 1 ^ ^ numerical weakness of those to inspil ^fat confid n^^^^ upor;hicb"'- 'T ^''f ^ ^^^^^^^ ^^^^^ " our future population '' ^ '^ '' ^^P^ndent the character of servant? '^'' ^'"'' *' ''"'"^^ ^'"' excellency's most obedient humble His Excellency J.mes Do.o.lsTq'^^' PEMBEETON, ^. P. ^o..n.o. 0/ Fa«ca..e.'. /.?«. J a^.' British Columbia. ^ol'e^ly7n%'iJt:T^^ <^r-cl are notorious my application under advisement ,C ^"°^*' ™ ^^^^^ ^^^Iding convicted, with one excen r^n/ f'"" T^ ?"* "P^° ^^eir trial, portation notwhhstandinrthaTU Labi; ''"^^ f *^.^™ *^ *^«"«- arose in court and reaupfitPd«i^L Labatt, an American citizen, day until the wil^f ^e lover nor ^nH,?^^', '^ '^' '''''^' ^^'^^ ^^r a Douglas dwells upon as^an act oM^^^^^ friends to confer wfth the accused in nr?«^^' P^'-'^/"'"^ «o»nsel or right; but the truth is thev d^'d '^J - ' ""^^ simply their legal had no legal advice whatever! '"'^'^ '^'° *^^« "S^*- They JOHN NUGENT. J/r. Nugent to Governor Douglas. Hotel de France, Victoria, had will, yonr exceilenov „„ LT" "™k- J" " ^'=^'"'' conversation I intimate.! that I could n„t r ™1? "" "'"'^ ^""^ '"»' """^ ™« dated, nected with rny a^::„\Z.rre ZZTT'""" ™ """*"=" "=""' lliat gentleman b'einff'to m7"„«i„V!i ^ " ''""'^ private secretary, receiv'ed auotherttf dated No^mbJr"9 1°8M''d 'lilT *??"' ^ ''"^^ your excellency, but aigned inThetme^lf fs thftwrpSfng.'^ Vancouver's island and British Columbia. 29 should be court, the ' a special ' peace, of distinc- ged with iccording >nd order Qgratula- he'^Vic- merican : tances of of those tendency kracter of ; humble J. P. otorious holding ir trial, trans- citizen, n for a overnor insel or Ir legal They 3NT. Not having been made aware by my government of any circumstance giving your excellency the prerogative of corresponding with me at second hand, and only (through a third party, I regret to inform you that I cannot take notice of the contents of your communication of the 9th instant; and further, that all written correspondence must cease between us with this note. I am urged to this step by a sensoof duty alone ; and although I would be undoubtedly justified by the rules of that diplomatic etiquette to which you appeal, in returning your last communication, I refrain from so doing, because it is my desire to avoid all appearance of harshness or unkindness; because I am wil ,g to attribute your excellency's course to a want of conver- sancy with such matters, rather than to uncivil intention; and because, in obedience to the spirit of my instructions, I am anxious to main- tain, to the end, the amicable relations that have hitherto subsisted between your excellency and myself Lest my official duties should not afford me leisure to call for the purpose of paying my respects to your excellency previous to my de- parture, I avail myself of this occasion to bid you farewell. I have the honor to be your obedient servant, JOHN NUGENT, Special Agent of the United States. His Excellency Governor Douglas. San Francisco, December 22, 1858. Sir : Enclosed please find copy of a letter addressed to us by Captain W. L. Dall, which furnishes statement of the number o<:" passengers transported from Victoria to San Francisco, by your request. We trust you may succeed in getting a bill through Congress which will remunerate the company for the service. We are, respectfully, FORBES & BABCOCK, Agents. Hon. John Nugent, United Slates Commissioner, &c., &c., Washington. 858. ■)nor to •y your 1 13th rsation dated, •s con- "etary, I have ;ed by ing. San Francisco, December 22, 1858. Gentlemen : The Hon. John Nugent, United States Commissioner to British Columbia, went passenger with me from San Francisco to Victoria, and on the passage up suggested that he miglit find some Americans in destitute circumstances, wishing to return to their homes in the United States, and desired permission to furnish passage to such us were destitute, that they might be able to reach San Fran- cisco ; at the same time he wished it understood that he hai no authority from the federal government to make any contract for trans- portation, but promised he would notify the State Department of what had been done by the raclfic Mail Steamship Company in the vfAj of transportation, and exert his inliuence to have the service properly paid for. As I had your consent to make some arrangement of this kind, I 30 VAKCOUVEB'S ISLAND AND BHmSH COLUMBIA. forty-oBe, maC „ ilf'^fCn"' d° . r*"?' I'""""^' ^2, fmnished transpo^rtation, ^hM'Te'rwen'ty'doSreS ".r"^'"'? prjce, amounte to twenty-five hundred dollars ' * "'"*' reaTly, GZt^'tyt e7S„'nVS'entb'/it -r""""-' ■"'^' ""'"' ^?on-! r\"- ir ^"-'-^^^^^ stlt Messrs. Forbes & Babcock, WILLIAM L. DALL. Jgents Pacific Mail SieamsMp Company. dre"^^L^V-fi;:7e':\f^ above mentioned, one hun- Cisco, free of chLffrorboarH th. P •fl°.T°.?c7''*^"* *^ ^^^n Fran- steamers, at Crfaies^ and tW^r^' ^?'^ Steamship Company's during 0'ct0b7anirv;mtr:'ir5^^;^^^^^^^^^^^^ f^T^^ P--^e, „ . ^ ^ JNO. NUGENT, WASHINGTON, D. C, January 24, 1858. if, would ugent or privilege and the iber 22, ssengers le usual 568, and, to their shelter. ALL. ne hun- a Fran- apany's •assage, fates.