554 BRITISH COLUMBIA of revenue and expenditure. These Statements are particularly interesting because they show to what purposes the monies not under the control of the House of Assembly were applied. Thus in 1856 the Secretary of the Company reported that the expenditure of the Colony for the twelve month ended with the first day of July, 1855, amounted to the sum of £4, 107-2 '3, of which amount the duty on licensed houses (£340) sales of public land (£334-17/6) and other sources, produced the sum £693-2/10. Very gradually — at first almost imperceptibly — the material con- dition of the Colony improved. As the years passed farms were taken up on the beautiful Saanich Peninsula, and hardypioneers found their way to Metchosin, Sooke and other inviting districts — even as far as Cowichan, then in the wilderness; subsequently other lands, nearer the Fort, were sold to the Company's retired officers, and a small colony of a splendid type of men grew into being. Victoria owed, and owes, much to this. The roll of honour includes such names as Sir James Douglas, Doctor the Hon. J. S. Helmcken, Dr. W. F. Tolmie, the Hon. John Work (sometimes called in early let- ters — Wark), the Hon. Roderick Finlayson, Chief Justice David Cameron, John Tod, William H. McNeill, Alexander Grant Dallas, Kenneth McKenzie, Joseph Despard Pemberton (Colonial Sur- veyor), Benjamin W. Pearse, John Irving, John Frederick McKen- zie, Charles Dodd, Thomas Skinner, John Munro, and many others, who laid, broad and deep, the foundations upon which future gen- erations were to build. The contemporary letters of eyewitnesses of and participants in events of some consequence are always wel- come, because they add a human touch to records that otherwise might be too prosaic. Contemporary unofficial accounts of the early affairs of the little Colony of Vancouver Island are not so numerous that the historian can alTord to ignore any one of them. Fortunately a few such memorials have survived to this day, and one of them may well be used to mark the close of this chapter. The letters of Chief Factor John Work — a man of sterling character, who crossed the mountains with Sir George Simpson, Dr. John McLoughlin and Sir James Douglas in 1824, and later, upon retiring from active service, came to reside in Victoria — throw many sidelights on the man and events of his day. On the 8th of August, 1856, the worthy Chief Factor thus unbosomed himself to his friend, Edward Erma- BRITISH COLUMBIA 555 linger, formerly in the service of the Hudson's Bay Company in the west : — "Victoria, Vancouver Island, "8th Augt., 1856. "Edwd. Ermatinger, Esquire, "My Good Old Friend, "* * * Our affairs, tho great changes have taken place, go on much as usual, the furtrade still does pretty well, notwithstanding many drags upon it and a great departure from the economy of former times, an 85th still brings about =£300 a year which is not to be despised as affairs go in the World nowadays. — Our Colony is not increasing in population. I have already told you of the advantages of Soil, climate &c which experience fully realises. The home Gov- ernment, except in the article of dispatches leaves us to ourselves to get on as best \vc may. We have had an election lately of Mem- bers of a house of Assembly to assemble in a few days. It is to con- sist of 7 Members chosen by about 40 Voters, the qualification of a Member is fixed property to the amount of £300 and of an elector to own 20 Acres of land, hitherto affairs were managed by the Gov- ernor and his Council consisting of four members, Capt. Cooper, Mr. Tod. Finlayson & myself. I have always considered such a Colony & such a government where there are so few people to govern as little better than a farce and and this last scene of a house of repre- sentatives the most absurd of the whole. It is putting the plough before the horses. The principle of representation is good, but there are too few people and nobody to pay taxes to cover expenses. We shall see how the affair will Work. Roads are opened in different directions and manv improvements made, but we labour under great disadvantage, owing to the bungling of our Government at home not having us included in the reciprocity treaty with your Yankee neighbours. We have no market but California to go to where we have no chance to compete having to pay high duty when our Ameri- can neighbours have none either there or here. — My farm does as well as my neighbours', but costs me heavy expence annually, fencing buildings &c; could I attend to it myself it would be otherwise, but this duty wont admit. The man 1 have in charge of it is on sort of shares, in squaring up tiic fust three years accounts, he had about £70 p. annum for his share besides maintenance of himself and family. 556 BRITISH COLUMBIA and besides what he cheated me of. Knavery when one is not on the spot cant be easily prevented, he is no worse than others. I have often thought, how good such a place would be for many a respecta- ble honest man at home. — Gold has been discovered at Colville and even some found at Thompson's River, and at Fort Hope about 80 Miles above Langley. Some of the diggers are reported to have done well and high expectations are entertained, though it has not created much excitement among our men, and owing to a destructive war that the Oregon and Washington territory citizens got them- selves involved in with the Indians which is not entirely over yet it was not safe to go by the Columbia, so that many adventurers from that quarter could not go, but we have lately learned that plenty are on their way and there now and there is grounds to anticipate favour- able results should, as is expected, gold be found plentiful. Of your old acquaintances, the old doctor is still alive at Oregon, and old as he is as eager as ever to make Money. David is loafing about doing nothing, Mariah's husband Harvey formerly Miller at Vancouver chiefly manages the doctor's business for him. — Manson is still in New Caledonia, and Yale at Langley, both like myself getting worse of the wear. I believe these are all of your old acquaintances remain- ing. We have a new church built and have a worthy Man the Revd. Mr. Cridge as Chaplain and Clergyman. — There is also a Catholic Bishop Demers with two priests, and a Schoolmaster; there are also two Colonial Schools, so that for the population there is enough of Spiritual & Secular instruction, at least more than the people avail themselves of. * * *"
Representative Government
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Ch 16-6
Wednesday, December 15th, 2010Ch 16-5
Wednesday, December 15th, 2010BRITISH COLUMBIA 549 of equity, alone to adjudicate upon contested cases in which he him- self was a principal party." This petition was signed by James Cooper and sixty-nine others, so it would appear that the matter had to a certain extent aroused public opinion. On the other hand a very influential section of the community rallied to the support of Judge Cameron. A communi- cation addressed to the Governor and signed by John Tod, John Work, Alexander Kennedy, Roderick Finlayson, William H. M'Neill, William F. Tolmie, William Leigh, E. E. Stuart, B W. Pearse, George Simpson, Richard Golledge, J. D. Pemberton, Charles Dodd, Joseph Millar, and forty others, stated, among other things: "We, the undersigned, holding landed property, or otherwise interested in the welfare of the colony of which you are Governor, beg leave to protest against the tenor of a petition recently addressed to you, and praying you to annul the appointment of David Cameron, Esq., as Judge pro tempore, of a court of equity at Victoria. "We believe that but few of the subscribers to that petition have property at stake in the Island; that persons were instigated to sign it without having any real grievance to complain of, of whom not a few were absolutely unacquainted with the substance of the petition they signed. "We are convinced that you, with the advice of counsel, made the appointment in question, because you considered the institution of the office indispensable, and because you felt, as we do, that David Cameron, Esq., a gentleman of business habits and consider- able colonial experience, was the fittest man here of those not already professionally occupied to preside in such a court. "If that gentleman had committed any injustice, we presume, as a matter of course, an appeal to the Governor and Council would have met with proper attention, but so short was his tenure of office previous to the date of that petition, that he has had no equity cases to adjudicate upon, which circumstance alone must stamp the pro- ceedings of the former petitioners as ill-advised and hasty in the extreme. "We are further of opinion, that if in this Colony, where there is perfect freedom of action, where life and property are as yet secure, where the market is so extensive and remunerative, and where 550 BRITISH COLUMBIA the produce is so lamentably small, the labouring and industrious classes were to employ their time more in raising wheat and potatoes, constructing houses to live in, &c. &c., and suffer themselves less to be led away into discussions upon abstract political questions, all would gain by the alteration, progress become more decided, and foreigners and visitors, whose good opinion we respect, would say more for our common sense. "If the unreasonable clamour of a few individuals, who have little or no vested interest in the Island, were found effectual to rescind important enactments framed expressly to protect property, we feel that law and order would be in jeopardy, and therefore sincerely hope that no personal feeling may induce David Cameron, Esq., to resign the duties of an office which we are satisfied he will do his best to exercise for the benefit of all." Governor Douglas, when called upon for an explanation, after reviewing the whole matter, stated that he had come to the conclusion that the grievances of the Colonists in the matter of the administra- tion of justice were "less real than imaginary, a conclusion strength- ened by the present prosperous state of the country. The people, moreover, appear happy and contented, the frugal and industrious are rapidly improving their condition in life; there are no taxes nor public burdens, the laws are justly administered, the means of educa- tion are extending, intemperance is on the decrease, and crimes are almost unknown; in short, since the departure of the Reverend Mr. Staines and his coadjutor Mr. Swanston, — (these two men had played a leading part in the agitation for the dismissal of Judge Cameron), I have not heard a complaint from any person in this Colony, except in regard to the sale price of land, which seems to be the only real grievance affecting the colonists generally, and that grievance I have no power to redress." " Her Majesty's Secretary of State for the Colonies evidently shared the Governor's opinion, because David Cameron was con- firmed in his position and two years later he was promoted, as related, to the Chief Justiceship of the Colony. Indeed, the affair seems to have been one of those pretty storms that occasionally sweep over small communities. David Cameron survived the ordeal and proved 9 Governor Douglas to the Rt. Hon. Sir George Grey, Victoria, ii Deer., 1854. BRITISH COLUMBIA 551 himself a man of rare common sense and a sound judge.'" In 1862 he was again attacked, whereupon he wrote a straightforward and manly letter to the Colonial Secretary concerning the charges preferred against the administration of justice in the Colony and against him- self personally, successfully refuting Mr. Langford's accusations. Mr. Langford then renewed his efforts in Loudon, but the Duke of Newcastle — then Secretary of State for the Colonies — refused to listen to his charges against Chief Justice Cameron. And so the matter which had caused so much disturbance was finally laid at rest." Mr. Edward E. Langford, who took such a prominent part in the proceedings against Judge Cameron, later on attacked Chief Jus- tice Matthew Baillie Begbie of the neighbouring Colony of British Columbia. In that matter he was no more successful than in his attempt to besmirch the character of the first Chief Justice of Van- couver Island. In this latter case, however, it would appear that he had just cause for complaint, for Judge Begbie never specifically denied the charge that he had issued an election squib ridiculing the candidature of Mr. Langford. It will be recalled that the Duke of Newcastle officially rebuked Sir Matthew — as he afterwards became — for interfering in a matter that in no way concerned him. In fine, Mr. Langford seems to have been one of those well- meaning men whose judgment was not always as good as his inten- tions. Shortly after his arrival in the Colony — in the capacity of bailifif of the Puget Sound Agricultural Company's farm on Lang- ford Plains — he took an active part in public afifairs, strongly oppos- ing Governor Douglas and the Hudson's Bay Company. No doubt there was some cause for dissatisfaction. On the whole, however, the Colonial Government was judiciously administered. The fault lay with the large powers conferred on the Company by the Royal Grant of the Island. It was a foregone conclusion that the legitimate desires of the settlers would clash sooner or later with the traditional policy of the Hudson's Bay Company. The celebrated Parliamen- tary encjuiry of 1847 sufficiently revealed the fact that the terms of the Royal Grant interfered in no small degree with representative gov- '" Chief Justice Cameron died, after an honourable career in his adopted country. He was huried in the old Quadra Street cemetery, in the same grave as his wife; a solid tombstone marks the resting place of the earthly remains of the first Chief Justice of Vancouver Island. "Mr. Cameron to the Colonial Secretary, 2nd February, 1863; Vide Vancouver Island, Re- turn to House of Commons, ijtii July, 1863. 552 BRITISH COLUMBIA ernment in the Colony. I'he committee — which included such well- known men as Gladstone and Roebuck, the political economist — therefore recommended — for this and other reasons — that the Grant be not renewed. In 1857 the charter of grant expired by efflux of time and the Island reverted to the Crown. The Hudson's Bay Com- pany was generously treated. It was reimbursed for its various out- lays (according to the terms of the grant) and a little later its title to certain large holdings was confirmed.'^ In the meantime the little Colony of Vancouver Island made slow progress. Its remoteness from cilivized centres, and the discovery of gold in California, conspired to retard development. It is true that the Hudson's Bay Company attempted to colonize the Island in accordance with the terms of the Royal Grant of 1849, but its action was half-hearted and therefore of little avail. Advertisements were inserted in British newspapers to the efTect that land could be acquired in the new Pacific Colony, but there were few men who were willing to pay one pound an acre for wild land in so remote a spot. The first batch of Colonists arrived in June, 1849, the party consisting of Captain Colquhoun Grant, late of the 2nd Dragoon Guards, and the eight men he brought with him. "From that day to this," said Captain Grant, in a paper read before the Royal Geographical Society on June 22nd, 1857,''* "not a single other independent col- onist has come out from the Old Country to settle in the Island — all the other individuals, who have taken up land, having been in the employ of the Company and brought out to the country at its expense. In the Harpooner, in June, 1849, the Hudson's Bay Company brought out eight miners to work in the coal mines at Fort Rupert at the northeastern end of the Island. These men were to be paid salaries of from fifty to sixty pounds per annum, and, in addition, were to get an extra allowance for every extra quantity of coal mined. Two labourers also came to Victoria by the same vessel. Captain Grant found that all the land in the neighbourhood of Victoria and Esqui- malt — comprising some forty square miles, and containing nearly all the available land then known — was reserved by the Hudson's Bay and Puget Sound Agricultural Companies. Metchosin, some twelve miles from Victoria, was pointed out as the nearest district "2 Hudson's Bay Land Titles, King's Printer, Victoria. , '^Journal of the Royal Geographical Society, London, vol. XXVII, 1857. BRITISH COLUMBIA 553 open for settlement; not approving of this district he proceeded to Sooke, distant twenty-five miles from the Fort. There Captain Grant settled with his men; but after a year or two of solitude and disap- pointment he left the Colony in disgust. In 1850 the ship Norman Morrison brought out about eighty souls for the Hudson's Bay Company's establishments. This vessel carried Doctor the Honourable John Sebastian Helmcken to the Colony, of which he is the doyen of pioneers. In the following year the Tory arrived with about one hundred hired labourers. Of these parties, shipped settlers, the majority found their way to the American side. "Of the four hundred men," said Captain Grant, "who have been imported in all during the past five years, about two-thirds may be said to have deserted, one-fifth to have been sent elsewhere, and the remainder to be at present employed on the Island." According to that authority in i8t;7 the Hudson's Bay and Puget Sound Agricultural Companies employed forty-five men in the neighbourhood of Victoria, thirty-seven at Nanaimo, and twenty officers and men of Fort Rupert. The population of the Island at the end of 1853 was about four hundred and fifty souls, men, women and children; of these, three hundred were at Victoria, and between that place and Sooke; about one hundred and twenty-five at Nanaimo; and the remainder at Fort Rupert. The gross quantity of land applied for in the Island up to the end of the year 1853 was 19,807 acres and 16 perches, of which 10,172 had been claimed by the Hudson's Bay Company, 2,374 by the Puget Sound Company, and the remainder by private individuals. One thousand, six hundred and ninety-six acres were occupied by individual settlers, sixteen in number; 937 acres claimed by absentees; 3,052 acres reserved by the Hudson's Bay Company; and 2,574 acres occupied by bailiffs of the Puget Sound Company, four in number. Altogether, under the three above classes, there were fifty-three different claimants of land, about thirty of whom, accord- ing to Captain Grant, were bona fide, occupying and improving their holdings. The system as at first allowed — payment of a deposit of one dollar per acre, — was abolished, and the purchasers were obliged to pay at the rate of one pound per acre before occupying their claims. The Hudson's Bay Company, in accordance with the terms of its grant of the Island, was obliged from time to time to submit accounts
Ch 16-4
Wednesday, December 15th, 2010544 BRITISH COLUMBIA into the country. So unbounded is the reliance which I place in the enterprise and intelligence possessed by the people of this colony, and in the colony, and in the advantages of their geographical posi- tion, that with equal rights and a fair field I think they may enter into a successful competition with the people of any other country. The extension of the reciprocity treaty to this Island once gained, the interests will become inseparably connected with the principles of free trade, a system which I think it will be sound policy on our part to encourage. "Gentlemen, the colony has been again visited this year by a large party of northern Indians, and their presence has excited in our minds a not unreasonable degree of alarm. Through the blessing of God they have kept from committing acts of open violence, and been quiet and orderly in their deportment; yet the presence of large bodies of armed savages, who have never felt the restraining influences of moral and religious training, and who are accustomed to follow the impulses of their own evil natures more than the dicta- tion of reason or justice, gives rise to a feeling of insecurity which must exist as long as the colony remains without military protection. Her Majesty's government, ever alive to the dangers which beset the colony, have arranged with the lords commissioners of the Admiralty, that the President frigate should be sent to Vancouver's Island; and the measure will, I have no doubt, be carried into effect without delay. 1 shall nevertheless continue to conciliate the good-will of the native Indian tribes by treating them with justice and forbear- ance, and by rigidly protecting their civil and agrarian rights. Many cogent reasons of humanity and sound policy recommend that course to our attention; and I shall, therefore, rely upon your support in carrying such measures into effect. We know, from our own exper- ience, that the friendship of the natives is at all times useful, while it is no less certain that their enmity may become more disastrous than any other calamity to which the colony is directly exposed. "Gentlemen of the House of Assembly, according to the consti- tutional usage, with you must originate all money bills ; it is therefore vour special province to consider the ways and means of bearing the ordinarv expenses of the government, either by levying a customs duty on imports, or by a system of direct taxation. The poverty of the country and the limited means of a population struggling against BRITISH COLUMBIA 545 the pressure of numberless privations, must necessarily restrict the amount of taxation ; it should, therefore, be our constant study to regulate the public expenditure according to the means of the coun- try, and to live strictly within our income. The common error of running into speculative improvements entailing debts upon the col- ony, for a very uncertain advantage, should be carefully avoided. The demands upon the public revenue will, at present, chiefly arise from the improvement of the internal communications of the country, and providing for the education of the young, the erection of places for public worship, the defence of the country, and the administra- tion of justice. "Gentlemen, I feel in all its force the responsibility now resting upon us. The interests and well being of thousands yet unborn may be affected by our decisions, and they will reverence or condemn our acts according as they are found to influence, for good or for evil, the events of the future." The first meeting of the first Colonial Legislature was a memor- able event in the history of Vancouver Island. It marked the com- mencement of representative government, and it is notably interesting by reason of the fact that in this instance representative institutions were introduced into the Colony by the express order of Downing Street, before the Colonists themselves had moved in that direction. I'here was no long-drawn-out fight for the recognition of the prin- ciple of representative government, as in other colonies. That battle had already been fought and won in Canada, and by Canada for all the British dominions beyond the seas. Downing Street seemingly had taken to heart the lesson taught by the Papineau affair. The principles of Colonial administration laid down in Lord Durham's famous Report' were now recognized as the only proper principles to apply to Colonial dependencies and possessions. Mr. Labouchere recognized these principles and applied them to Vancouver Island without waiting for a mandate therefore from the settlers in that Colony. The new Legislature was inaugurated under peculiarly auspicious circumstances, no religious or bi-lingual or separate school question had ever arisen^or ever did arise — to promote factional discord in the infant settlement in the North Pacific. ^ Report on tlic .iffair's of British N'orlli Amcric.T, from the Ear! of Durham, Her Majesty'i High Commissioner, 1839. Vol. I— M 546 BRITISH COLUMBIA Naturally enough the House of Assembly was interested in the financial condition of the Colony, the compiling of a budget being essentially the privilege of what the Legislative Council was pleased to term "the Lower House." It was therefore resolved "that re- spectful application be made, on the part of the House of Assembly, to know what funds are subject to its control (if any), the amount of the same, and from what source derived; also, what fund is the royalty upon coal paid into?" The Governor replied that he was not prepared to give the House definite information upon the sub- ject. He was of the opinion that the House could exercise a direct^ control only over the revenue raised in the Colony "through the Act^ of the General Legislature." In view of the fact that the Hudson's] Bay Company conducted the land sales, collected royalties and tim- ber duties, appropriating the moneys so derived with his advice and] consent, it appeared to the Governor that the revenue derived from] licensed houses was the only revenue absolutely at the disposal of theJ House. The revenue from this source amounted to £220 in 1853, £460 in 1854, and £340 in 1855. ^^^ 't will be seen that the peoplej of the Colony had little control over public expenditure. The Coun- cil and the Hudson's Bay Company built highways and undertook! public works, defraying their cost from the general revenue. Thej first Supply Bill illustrates in a striking manner the financial string- ency of the time. That measure, which appropriated the sum of] £130, reads as follows: "A Bill for granting certain sums of money for the use of the' House of Assembly of Vancouver's Island. "Whereas it is necessary that certain sums of money be voted for defraying the unavoidable expenses of the House of Assemblv of Vancouver's Island, be it therefore enacted : "ist. That 5o£ sterling be placed at the disposal of His Excel- lency the Governor to defray the expenses of copying statistics and documents for the use of this House. "2nd. That io£ sterling be granted to Mr. Robert Barr for his past services as clerk of this House. "3rd. That c;£ sterling be granted to Mr. Andrew Muir for his past service as sergeant-at-arms. "4th. That 2i;£ sterling be allowed for the salarv of the clerk of the House, for the year iStjy. (Ctll n 'A H < O o w w o I BRITISH COLUMBIA 547 "5th. That i5£ sterling be allowed for the salary of the sergeant- at-arms and messenger, for the year 1857. "6th. That 2o£ sterling be granted for lighting, heating, and fur- nishing the House of Assembly, for the year 1857. "7th. That 5£ sterling be granted for stationery, for the use of the members of the House of Assembly. "8th. That the above items be paid out of the revenue derived from licenses of July 16, 1856. "Read the third time this i8th day of December, 1856 A. D., and ordered to be forwarded to His Excellency the Governor and Council. "(Signed) J. S. Helmcken, Speaker." Meanwhile the Governor had provided for the administration of justice in Vancouver's Island. It will be recalled that the Imperial Act of 1849 (12 & 13 Victoria, C.48) repealed the Act of the 43d year of King George III., intituled "An Act for extending the juris- diction of the Courts of Justice in the Province 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 the Act passed in the second year of King George IV., intituled "An Act for regulating the Furtrade, and establishing Criminal and Civil Jurisdiction within certain parts of North America," in so far as they related to Vancouver Island. The Act of 1849 set forth that "It shall be lawful for Her Majesty from Time to Time (and as well before as after such Proclamation) to make Provision for the Administration of Justice in the said Island, and for that Purpose to constitute such Court or Courts of Record and other Courts, with Jurisdiction in Matters Civil and Criminal, and such equitable and ecclesiastical Jurisdiction, subject to such Limi- tations and Restrictions, and to appoint and remove, or provide for the Appointment and Removal of such Judges, Justices, and such Ministerial and other Officers, for the Administration and Execution of Justice in the said Island, as Her Majesty shall think fit and direct." In pursuance whereof Governor Douglas had in 1854 recommended his brother-in-law, David Cameron, for the position of Judge of the Supreme Court of Civil Justice of Vancouver Island. The Colonial Secretary duly confirmed the .ippointincnt. In the 548 BRITISH COLUMBIA Governor's opinion Mr. David Cameron was "undoubtedly the most fitting person I could obtain for that position, he being a man of good business habits, of liberal education, some legal knowledge, and what was equal to all, possessed of a more than ordinary amount of discretion and common sense." - Although not a professional lawyer, Mr. Cameron seems to have performed his important duties in a manner that left little to be desired. At any rate, upon the estab- lishment of a Supreme Court of Civil Justice in 1856, he was appointed Chief Justice of the Colony by a warrant issued under the Royal Sign Manual. The Chief Justice received a salary of £100 a year from 1853 ^^i^^ i860, when a salary of £800 was pro- vided by the local Legislature. The action of the Governor in appointing his brother-in-law a judge of the Supreme Court was criticized by a section of the people. James Cooper, a Member of the Council, Edward E. Langford, J. P., William Banfield, and James Yates played a prominent part in the discussion that ensued. They circulated a petition to the Sec- retary of State for the Colonies, which set forth "That the said Mr. David Cameron, besides the improperly close family connexion with the Governor, is not a lawyer by profession, and has exhibited notorious and gross partiality, acrimony, malice and indecorum in the capacity of justice of the peace, to such a degree as to have roused the extreme disgust and indignation of the community, and to have brought contempt upon the judicial olBce; that he is, with the excep- tion of the aforesaid display of his character, an utter stranger to the Colony, having arrived only eight months since from the former slave colony of Demerara; that the community know nothing to recommend him for the appointment save the family connexion before mentioned; that two of the four members of Council have acknowledged that it was solely to this circumstance that the fact of his appointment was owing. "That, moreover, the said Mr. David Cameron holds a com- mercial situation as clerk of the Honourable Hudson's Bay Com- pany's coal mines at Nanymo, transacting all the business of selling the coals from the said mines, in the transaction of which business, as might be expected, there have been disputes already, so that it might not improbably fall to Mr. Cameron's lot, as judge in a court 'Despatch from Governor Douelas to the Duke of Newcastle, Victoria, 14th of February, 18(13.
Ch 16-3
Wednesday, December 15th, 2010BRITISH COLUMBIA 539 clause in your Commission on which you relied would appear to be unwarranted and invalid. "It appears to Her Majesty's Government, therefore, that steps should be taken at once for the establishment of the only legislature authorized by the present constitution of the Island. I have, accord- ingly, to instruct you to call together an Assembly in the terms of your Commission and Instructions. "For this purpose it will be within your power, as provided by the ninth clause of your Instructions, to fix the number of representa- tives, and, if vou should consider it essential, to divide the Colony into districts, and to establish separate polling places, although with so small a number of settlers you may find this inexpedient. "I leave it to your local knowledge and discretion, with the advice of your Council, to suggest to the Assembly, when thus summoned, to pass such measures as you may yourself deem most required, and in particular, such as may be necessary, in order to leave no doubt of the validity of proceedings already taken without the authority of Assembly. "But it appears to me, that in a community containing so very limited a number of inhabitants, the maintainance of a constitution on the model of those considerable colonies, with a House of Repre- sentatives and a Council, may be inexpedient: and that a smaller and more select body will, for the present, and probably for some years to come, perform in a satisfactory manner the functions really required in the present stage of progress of the Island. "Such a body, however, can be constituted only by enactment of the Legislature, authorized by the Commission, that is to say, of the Assembly and Council, together with yourself. It would be no unusual circumstance for a legislature thus constituted to surrender its powers into the hands of a single chamber. It has been success- fully done in some of the smaller West India Islands. "I leave it to yourself to consider, with the advice of the local authorities, the members and proper qualifications of the members of such a single Council; but in the event of your determining to introduce the elective principle into it, a certain proportion, not less than one third, should be nominated by the Crown. The power of assenting to, or negativing or suspending, for the assent of the Crown, the measures passed by such a Council, should be distinctly 540 BRITISH COLUMBIA reserved to yourself. And it is very essential that a constitutional law of this description should contain a proviso, reserving the initia- tion of all money votes to the local Government.'' Mr. Labouchere went on to say — ''An additional reason in favour of the course which I now prescribe (namely, that of calling together the assembly, and then, if the legislature so created think proper, establishing a simpler form of government) is to be found in the circumstance that the relations of the Hudson's Bay Company with the Crown must necessarily undergo revision before or in the year 1859. The position and future government of Vancouver's Island will then unavoidably pass under review, and if any difficulty should be experienced in carrying into execution any present instructions, a convenient opportunity will be afYorded for reconsidering them." The Colonial Secretary concluded his able despatch with the observation — "I am aware that Her Majesty's Government are imposing on you a task of some difficulty as well as responsibility in giving you these instructions, especially as they have to be carried into execution with so small an amount of assistance as the present circumstances of your settlement aflford. But I have every reason to rely on your abilities and public spirit; and you may, on your part, rely on the continuance of such assistance and support as Her Majesty's Government can render you, and on their making full allowance for the peculiarities of your position." From Governor Douglas' reply to Mr. Labouchere's communica- tion it is easily seen that the Colonial Secretary's proposal came as a bolt from the blue. To the furtrader it must have seemed strange indeed, if not anomalous, that the people of Vancouver Island should be given a voice in the government of the Colony. Douglas — the autocratic chief factor — was not particularly in sympathy with the advanced political views of his day. "It is," he said, "I confess, not without a feeling of dismay that I contemplate the nature and amount of labour and responsibility which will be imposed upon me, in the process of carrying out the instructions conveyed in your despatch. Possessing a very slender knowledge of Legislation, without legal advice or intelligent assistance of any kind, I approach the subject with diffidence; feeling, however, all the encouragement which the kindly-promised assistance and support of Her Majesty's Govern- ment is calculated to inspire. BRITISH COLUMBIA 541 "Under those circumstances I beg to assure you that every exer- tion on my part shall be made, to give effect to your said instructions, at as early a period as possible. "I have not had time since the arrival of your despatch, to con- sider the subjects treated therein as thoroughly as their importance requires; and therefore have not arrived at any definite conclusion, as to the precise plan for carrying your instructions into effect. I will, however, take the liberty of addressing you again on the subject. 1 observe that the terms of my Commission only empower me to summon and call general assemblies of the inhabitants owning 20 or more acres of freehold land within the said Island, apparently restricting the elective franchise to the holders of 20 acres of land and upwards, to the exclusion of holders of houses and other descrip- tions of property, a class more numerous than the former." The Governor then declared : "I am utterly averse to universal suffrage, or making population the basis of representation; but I think it expedient to extend the franchise to all persons holding a fixed property stake, whether houses or lands in the Colony; the whole of that class having interests to serve, and a distinct motive for seeking to improve the moral and material condition of the Colonv." The Governor at once proceeded to lay th'j Colonial Secretary's despatch before the Council and the whole matter was freely debated. The members devoted their attention chiefly to the discussion of the property c]ualification of members of the general assembly, the prop- erty qualification of voters, and the right of absentee proprietors to be represented in the legislature. In the end it was decided that the ownership of three hundreii pounds of freehold property or immov- able estate should constitute tlie (]ualifications of a member of the Assembly; that absentee proprietors should be permitted to vote through their agents or attorneys; and that the qualification of voters should be the ownership of twenty acres of freehold land or upwards. The Colony was divided into four electoral districts as follow's: Victoria, Esquimalt and Metchosin, Nanaimo, and Sooke. The district of Victoria was to return three members, the district of Esquimalt and Metchosin two members, and Nanaimo and Sooke one each. The returning officers of the first popular election ever held on \'ancouvcr Island were as follows: .Andrew Muir, V^ictoria 542 BRITISH COLUMBIA district, Herbert W. O. Margary, Esquimalt and Metchosin, Charles E. Stuart, Nanaimo, and John Muir, Jr., Sooke." In the opinion of the Governor, the division of the settlements into four electoral districts admitted of a more equal representation and gave more general satisfaction to the Colonists than a single poll in any one district. The electors were so few in number that the returns were mere nominations in all the districts with the exception of Victoria, where the contest was "stoutly maintained" by no fewer than five rival candidates. "The elections arc now over," said the Governor in his despatch of 22nd July 1856, "and the Assembly is convened for the 12th day of August." Victoria district returned Mr. J. D. Pemberton, Mr. James Yates and Mr. E. E. Langford; Esquimalt district. Doctor John Sebastian Helmcken and Mr. Thomas Skinner; Sooke district, Mr. John Muir; and the electors of Nanaimo District chose Mr. John F. Kennedy .is their member. The House of Assembly, as the first parliament of Vancouver Island was termed, met for despatch of public business on 12th August, 1856. In writing to the Colonial Secretary a few days later, the Governor observed "The affair passed of quietly and did not appear to excite much interest among the lower orders." Doctor J. S. Helmcken was elected Speaker, but no further business was transacted at the first Session because objections had been raised as to the validity of election in one instance, and as to the property qualifications in two cases, Icax'ing four out of seven members for the transaction of the public business. "The House" said Douglas, "therefore, hardly know how to get over the difficulty." The prob- lem was soon solved, however, and the House entered upon its labours in earnest. Mr. E. E. Langford, one of the members against whom objections had been raised on the score of qualification, retired, and Mr. J. W. McKay was dulv elected by acclamation to the vacant seat. The Governor opened the House of Assemblv with a notable address, in which he ably reviewed the position (-f the Colony. After congratulating the council and House on the occasion, "an event fraught with consequences of the utmost importance to the present and future inhabitants, and remarkable as the first instance " Prnclamaiidii, Cinveinrnent House, Victoria, ihtli June, 1856. Back ro" : J. W. Miu-kav. Jost'iili Despjiid I'emluMton, Joseph Porter, clerk. First row: Thomas Skinner, John Sebastian Helmcken, James Yates. FIRST T.EGISI..\TIVK COT'XCII. OF V.ANCOUVFIR IST,.\M), lS5(i BRITISH COLUMBIA •'>4;i of representative institutions being granted in the infancy of a British colony," the address proceeded : "The history and actual position of this colony are. marked by many other remarkable circumstances. Called into existence by an Act of the supreme government, immediately after the discovery of gold in California, it has maintained an arduous and incessant strug- gle with the disorganizing efifects on labour of that discovery. Remote from every other British settlement, with its commerce trammelled, and met by restrictive duties on every side, its trade and resources remain undeveloped. Self-supporting and bearing all the e.\pense of its own government, it presents a striking contrast to every other colony in the British Empire, and like the native pines of its storm- beaten promontories, it has acquired a slow but hardy growth. Its future progress must, under Providence, in a great measure depend on the intelligence, industry and enterprise of its inhabitants, and upon the legislative wisdom of this assembly." The address paused at this point to refer to the aid and support which the executive power might in the future expect to derive from the "local experience and knowledge of the wishes of the people and the wants of the country," which the members possessed. It then resumed : "Gentlemen, I am happy to inform you that Her Majesty's government continues to express the most lively interest in the prog- ress and welfare of this colony. Negotiations are now pending with the government of the United States, which may probably terminate in an extension of the reciprocity treaty to Vancouver Island. To show the commercial advantages connected with that treaty I will just mention that an import di'ity of £30 is levied on every £100 worth of British produce wiiich is now sent to San Francisco, or to any other American jiort; or, in other wonis, the British proprietor pays as a tax to the United States nearly the value of every third cargo of fish, timber or coal which he sends to any American port. The reciprocity treaty utterly abolishes those fearful imposts, and establishes a system of free trade in the produce of British colonies. The effects of that measure in developing the trade and natural resources of the colony can, therefore, be hardly overestimated. 'i"hc coal, the timber and the producti\c industries of V^tncouver's Island will assume a value before unknown; while every branch of trade will start into activity, and become the means of pouring wealth
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Wednesday, December 15th, 2010534 BRITISH COLUMBIA The erection of a Court House, the building of roads and bridges and a parish church next occupied the attention of the Council. It is noteworthy that in July, 1854, ^^^ ^""^ ^^ ^^^ hundred pounds was appropriated for each of these praiseworthy objects. Shortly there- after no less a sum than thousand pounds was voted for a hospital. The administration of justice was also discussed and machinery provided for giving efifect to the law. Edward E. Langford, of Langford Plains, was appointed a Justice of the Peace for the Esqui- mau District; Thomas Blenkhorn, for Metchosin; and Thomas I. Skinner and Kenneth McKenzie for the Peninsula, the name given to the tongue of land bounded by Victoria Harbour and Arm, Esqui- mau Harbour and the Strait of Juan de Fuca. No resident of Sooke possessing the necessary qualifications, that district had no magistrate until some time later. It must not be imagined, however, that the Council was solely concerned with parochial aflfairs. There were larger issues. Thus, when the news that Great Britain had declared war against Russia reached the Colony, the matter was brought before the Council by His E.xcellency the Governor. On July 12, 1854, the Hon. John Tod, Senior Member, the Hon. James Cooper, the Hon. Roderick Finlayson, and the Hon. John Work solemnly discussed the Cri- mean War in its relation to the peace and welfare of Vancouver Island. For a knowledge of what happened on that historic occasion one must turn again to the old Minute Book, so frequently quoted, -wherein it is recorded: "The Council then proceeded to consider the state of the country, and the means of defending it against the Queen's ene- mies, in the case of invasion." It then goes on to relate that "The Governor proposed to call out and arm all the men in the Colony capable of bearing arms and to levy and arm an auxiliary body of native Indians. It was urged as an objection to that measure that the small number of whites in the settlement could collectively ofifer no effectual resistance against a powerful enemy; and it was consid- ered dangerous to arm and drill the natives, who might then become more formidable to the Colony than a foreign enemy. Several other objections were made to the measure, but the reasons above stated are the most important. It was therefore deemed expedient to leave the defence of the Colony, against the attempts of Russia, to the care of BRITISH COLUMBIA 535 Her Majesty's Government, and not to call out the militia of the Colony." It was, however, "Resolved, as a means of protection, to charter the Hudson's Bay Company's Propeller Otter, armed and manned with a force of 30 hands, including Captain, Officers and Engineers, and to employ her, in watching over the safety of the settlements, until Her Majesty's Government takes some other measures for our protection; and that arrangements be immediately made to carry that resolve into efifect." A few years later there was a recrudescence of the Russian scare, which resulted in the building of earthworks and emplacements for big guns all along the coast from Duntze Head to Beacon Hill Park. On more than one occasion the "Northern Savages" menaced the infant settlement. In June, 1855, the Governor represented to His Council that much alarm existed among the Colonists on this account, stating that he was often called upon to settle differences arising be- tween the settler and the savage, and that such dififerences were often carried to dangerous lengths. He feared that they might lead to seri- ous consequences, involving the loss of life and property. He sug- gested, therefore, that a force should be raised immediately and placed at his disposal to meet emergencies. The Council readily acquiesced and on June 21, 1855, the Governor was authorized to raise a company of ten to consist of eight privates, one corporal, one sergeant, besides a competent officer to act as commander. The force was to be maintained at the public expense until "the Northern Sav- ages leave the settlements." The pay to be allowed to the persons joining the company was not to exceed the following rates: Privates — 30 dollars per month with rations. Corporals — 31 dollars per month with rations. Sergeants — 33 dollars per month with rations. In the following vear the Governor again directed the attention of the Council to the defence of the country, "which is at present en- tirely destitute of anv military force." The Northern Indians were beginning to arrive in the settlement and it was reported on the authority of the Hudson's Bay Company's officers that a very large body of those savages were to be expected in the course of the sum- mer. The Council again promptlv responded to the alarm and a rifle companv was formed, consisting of thirty men and officers. It 536 BRITISH COLUMBIA does not appear, however, that the Colonial forces were ever called upon to repel an attack or to take the field. Thanks to Sir James Douglas's great influence over the natives, there were few massacres such as those which occurred in the Chilcotin country in 1864. It must be admitted that the Colony owed its safety chiefly to the protection afforded by the Royal Navy. Her Majesty's ships of war frequently visited Esquimalt, and the ofiicers in command were ever ready to assist the Governor to quell disturbances amongst the natives. On several occasions the vessels of the Pacific fleet rendered signal service in this connection. It was during the war with Russia until the withdrawal of the fleet from these waters in 1905. After the disastrous attack of the allied British and French fleets on the that Esquimalt was made a British naval base and such it remained Kamschatkan port of Petropavlovsk, it was considered necessarv to provide for the requirements of vessels that might be employed in future operations in the North Pacific, and accordingly a hospital and storehouse were erected. The first buildings cost in the neigh- bourhood of a thousand pounds, and they were built under the per- sonal supervision of James Douglas, who was ever a practical and ardent Imperialist. In speaking of the Crimean War as it affected the Colony of Vancouver Island one is constrained to observe that it seems peculiar, if not incomprehensible, that, while a determined effort was made to capture the Russian base at Petropavlovsk, Russian America or Alaska was in no way molested. A single line of battleships might have reduced Sitka and taken the whole of Alaska, but nothing of the kind was attempted. There is a very interesting explanation of this apparent neglect of a legitimate opportunity to extend the sphere of British influence in the North Pacific. It appears that at the begin- ning of hostilities the Hudson's Bay Company and the Russian Amer- ican Company entered into a secret agreement to use their influence with their respective governments to the end that the war should not be carried into Alaska, to the detriment of the furtrade. It speaks much for the power wielded by these monopolies that their secret agreement was endorsed by the British and Russian Governments, and in spite of the war the furtrade of Alaska was carried on as usual. The Governor and his Council did not control Colonial lands, the Hudson's Bay Company holding the land under the grant of Jan- BRITISH COLUMBIA 5-37 uary 13, 1849. After the Royal Grant was annulled, the lands reverted to the Crown and it was not until then that a land policy, if such it may be called, was evolved. From 1849 to 1859 the Com- pany sold the land and issued titles thereto. Of the money arising from the proceeds of such sales, eighteen shillings and six-pence in every pound sterling was to be applied to the benefit of the Colony, one shilling and six-pence in the pound being reserved to the Com- pany as compensation. As soon as the Crown resumed control, the land question came under the notice of the Council, and then it was that an embryo public policy in that particular was framed. The matter formed the subject of a debate in Council on March 26, i860. Of the speeches delivered on that occasion no full report has survived, but the minutes of Council liave this much to sav upon the subject: "The Council are unanimously of opinion that a low price — Say 4 - an acre — combined with occupation and improvement, would conduce to the general settlement of the Country. But the Council recommends that if the price is reduced, such conditions shall be im- posed as will prevent large (luantities of land being bought for Specu- lative purposes, to the prejudice of persons of limited means wishing to obtain land at a low price to ( iiltivalc il. ''A plan of pre-empting land, the Council is of opinion, would also enhance the benefits of a low price of land, as it would enable a Farmer to take immediate possession without having to wait for Surveys; but the land must be so selected as not to leave out Rocks, Swamps, &c., &c. "The quantity to be pre-empted by each pre-emptor, the Council thinks should be 160 acres. "Although advocating a low price, the Council would object to tying up all the waste land of the Crown under a pre-emption system. They would wish that such a system would be established as would enable a capitalist to procure expensive quantities of land when re- quired for laudable objects. Cases of this sort might be charged viorc than 4,' an acre, and conditions might be attached to them to prevent abuse. Power should be given to some bodv to regulate such cases." Under the Commission and Instructions issued to Governor Blanshard, he was directed to summon general assemblies of free- holders, qualified by the ownership of his Council, to make laws and ordinances for the good government of the Island. The same 538 BRITISH COLUMBIA commission contained another clause professing to empower the Gov- ernor to make laws with the advice of his Council only. Perhaps this clause was introduced with the view of creating a legislative body to meet the immediate wants of the community before an elective house could be summoned. From the general tenor of the documents in question, as well as from the expressed intention of Her Majesty's Government at the time they were framed, it seems perfectly clear that it was contemplated that such assemblies should be summoned as soon as practicable. But the Colony did not develop as rapidly as its founders may have expected. In any event the Governor in Council continued to govern the Island, and no thought was given to the estab- lishment of a popular assembly. So afifairs of state in the Colony of Vancouver Island followed the even tenor of their way until 1856. In that year, however. Colonial officialdom received a rude shock. Heretofore the few Colonists on the Island had not expressed a keen desire for the inauguration of a representative system. As a matter of fact, they were so few and so scattered that the elective principle seemed impossible of application. Moreover the Governor and Council provided a fairly satisfactory administration. The same instructions as issued to Governor Blanshard were issued to Governor Douglas, and he, likewise, had paid little attention to them. Judge of the surprise, therefore, of His Excellency the Governor and of the Honourable Members of the Legislative Council when the Right Honourable Henry Labouchere's despatch of February 28, 1856, reached Victoria. Her Majesty's Secretary of State for the Colonies remarked : "Considering the small number of established colonists, you thought it advisable to act on the power apparently given to yourself to conduct the afifairs of the Island with the advice of your Council only, and to pass certain laws which you considered most required by the exigencies of the time. In doing so, you pro- ceeded on a fair understanding of the authority conveyed to you, and Her Majesty's Government are fully satisfied with the course which you took. "Nevertheless, it has been doubted by authorities conversant in the principles of colonial law, whether the Crown can legally convey authority to make laws in a settlement founded by Englishmen, even for a temporary and special purpose, to any legislature not elected wholly or in part, by the settlers themselves. If this be the case, the
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Wednesday, December 15th, 2010CHAPTER XVI REPRESEXTAXn E GOVERNMENT The year 1849 is memorable for three notable events in the history of British Columbia. In that year Vancouver Island was granted to the Hudson's Bay Company under certain conditions; the Colony of Vancouver Island was created; and the Hudson's Bay Company completed the transfer of its headquarters f/om Fort Vancouver on the Columbia River to Fort Victoria. During the six years that had elapsed since Victoria was founded in 1843, that place had assumed importance as the emporium of the Hudson's Bay Com- pany's territories in the West. In 1849, however, there were, beside the native tribes, only one or two hundred people on the Island, all of whom were connected in some way or other with the monopoly. Richard Blanshard, as related, retired in i8t;i. being succeeded by James Douglas, who was destined to see vast changes take place in the territory he was called upon to administer in behalf of both the Imperial Government and the Hudson's Bay Company. Upon his promotion Governor Douglas called Mr. Roderick Finlayson to fill his seat in the Council. From 1 85 1 to 1856 the Colony of Vancouver Island was admin- istered by the Governor with the advice and assistance of the Legis- lative Council, the members of which were appointed by Royal Commission under the Great Seal of the Realm. The Council so created exercised a restraining inlluence upon the Legislative Assembly established later and sometimes even modified the policy of the Governor, but James Douglas virtually ruled the Colony. The Council did nut hold an annual session, but met for the despatch of public business as occasion required. At first the Governor had no cabinet and it would appear that in some measure the Council per- formed the duties of Prime Minister and Executive. It is interesting as well as instructive to peer back into the past 529 530 BRITISH COLUMBIA and to look in upon the embryo parliament at work in the Council Hall of old Fort Victoria. The Minute Book of the Governor's advisers shows what questions agitated the little Colony and how they were settled. It also explains the origin and portrays the growth of the public policy of the Colonial administrators. Even that day had its labour issue, its liquor question, and its educational problem, not to speak of such matters as public defence and the administration of justice. The old Minute Book alluded to — which is one of the most valuable of the historical records of that early period — throws much light upon the work of the Colonial legislature. Peculiarly enough, one of the first matters to receive attention was the labour question. The discovery of gold in California had induced many servants of the Company to desert, with the result that many of the posts were shorthanded, while the men who remained exhibited a tendency to insubordination. The Governor, long accustomed to the stern" rule of the furtrader. looked with disfavour upon this new attitude of the voyageur and servant. The matter came to a head on the 28th day of April, 1852, when the Minutes record that "The Governor proposed that a law should be passed adapted to the circumstances of the Colony, regulating the relations of employer and servant, and for punishing ofTences, such as insolent language, neglect of duty, and absence without leave of the employer by summary infliction of fine or imprisonment." The measure was deemed "highly important and necessary" and was deferred for con- sideration. The Governor next submitted a plan for raising a permanent revenue by imposing a duty of five per centum on all imports of British and foreign goods. "I am now preparing a Bill," Douglas! observed in one of his despatches to the Colonial Secretary,] "for imposing a custom's duty on imports, as a means of meeting the ordinary expenses of Government; but the subject must be approached with caution, as there is a very general feeling in both' Council and Assembly against taxation under any form, and I am prepared to encounter much clamour and opposition in carrying so unpopular a measure through the Houses." The sequel shows that the Governor had correctly appraised the temper of his Council. The proposal was met with the unanswer- able objection that it would prove a bar to the progress of "settle- BRITISH COLUMBIA 'y-H ment, impose a heavy burden on settlers from England importing implements and furniture, and that in the present state of the Colony, there not being above twenty settlers on the whole Island, the sum arising from the duty would not much exceed the expense of the officers necessary for its collection." Thus a free-trade policy was inaugurated in Vancouver Island, — a policy which afterwards became a recognized principle of the administrators of that Colony. Later on that policy bore fruit in the rivalry of the two colonies of Vancouver Island and British Columbia, which reached its height when the question of union was being di'icussed in the years 1864, 1865 and 1866. The liquor question naturally invited the attention of the legis- lators and indeed it appeared that the time was ripe for a regulation of the liquor traffic, — if the assertion contained in a private diary is true. "It would almost take," says this record, "a line of packet ships running between here and San Francisco to supply this Island with grog, so great a thirst prevails among its inhabitants." ' How- ever that may be, early in 1853 the Governor suggested to the Council "the propriety of taking into consideration the best means of restraining the abuse, and excessive importation of spirituous liquors into this Colonv." It not being considered properly within the jurisdiction of the Governor in Council without the consent ol the representatives of the people to impose customs duties on imports," he proposed that a duty should be charged on all "Licences, granted to Inns, Public or Beer Houses, and it was therefore resolved that there shall be levied, collected and paid upon the Licences licreby authorized the duties following that is to say: For every wiiolesale licence, the annual sum of one hundred pounds: For every retail licence the sum of one hundred and twenty pounds. The said duties to be under the management of the (jovernor and Council." - It was further resolved that "a wholesale Licence shall be con- strued to mean, the sale of Spirits bv the Cask or Case as imported, and that a retail licence shall authorize the sale of smaller tjuantities of Spirits, for reasonable refreshment; to be consumed on the premises. It is provided however, that it shall be lawful for whole- sale dealers, notwithstanding what has been resolved, above, to sell 'Royal Emigrant's Almanac; Concerning Five Years' Servitude uiuler tlie lliulsnn's Hay Company on Vancouver Island. Ms. in Provincial Archives. '-' .VJiniites of Cciuncil, Ms., p. lo. 532 BRITISH COLUMBIA spirituous liquors to Farmers or other persons, possessed of landed property; residing at a distance from any licensed ale house, in any quantities not under two gallons, provided the same be intended to be consumed on the premises for the household use of such Farmers, or their Servants, and not for sale." '' The policy of the administration with regard to regulation of the liquor traffic was embodied in "An Act regulating the importa- tion and sale of spirituous liquors on Vancouver Island," which was a comprehensive piece of legislation. \\'hile the measure was being discussed, the Council recorded its views as to the undesirability of a Member engaging in the liquor business in the following resolution: "That we consider it derogatory to the character of a Member of Council to be a retail dealer in spirituous liquors, or to follow any calling that may endanger the peace or be injurious to public morals." The regulations touching the sale of liquor were evidently not altogether popular, for Mr. James Yates petitioned "that the form of the retail liquor licence might be so altered as to authorize pub- licans to sell spirits by the bottle to be consumed ofi the premises." It is worthy of record that in the matter of public instruction the Councillors were actuated by commendable zeal. Considering the meagre resources of the Colony, the schools were generously sup- ported, as the following Minute of March 29, 1853, testifies: "The subject of public instruction was next brought under the considera- tion of the Council. Applications having been made from various districts of the Country for Schools, it was resolved that two schools should be opened without delay, one to be placed on the peninsula, ^ near the Puget Sound Company's Establishment at Maple Point, and another at Victoria — there being about 30 children and youths of both sexes, respectively at each of those places. It was therefore resolved that the sum of £500 be appropriated for the erection of a schoolhouse at Victoria, to contain a dwelling for the teacher, 2*1 school rooms, and several bedrooms, and that provision should be* I made hereafter, for the erection of a House at Maple Point." * Again, under the date of Tuesday, 31st March, 1853, it is set forth that "The Council then resumed the subject of the school, and fixed upon a site near Minie's Plain, and that the size of the building should be 40 feet long by 40 feet broad." Minutes of Council, Ms., p. ii. Minutes of Council, 29th March, 1853. O c G- r 2! BRITISH COLUMBIA '»:« As the settlements were scattered and the pupils had to travel long distances, boarding schools were a necessity. Education was free, as it is today, but board and l(jdging had to be paid for. An insight into the cost of living in early days is afiforded by the pro- posal of the Colonial teacher, Mr. Robert Barr, that the children placed under his superintendence for tuition should be boarded at the rates given below: To the Officers and Servants of the Hon. Hudson's Bay Company, per annum i6 guineas; to the Colonists not Servants of the Hon. Company, i8 guineas; to non-residents on Vancouver's Island, non- servants of the Hon. Company, 20 guineas. The Council evidentlv considered these charges too high, for it was resolved that "Mr. Barr be permitted to make the following charges for the board of Pupils, viz: "For the Children of Colonists residents of Vancouver's Island, and of Servants of the Hudson's Bay Company, 18 guineas per annum; for the Children of non-residents not being Servants of the Hudson's Bay Company, any sum that may be agreed upon, with the parties." In February, 1856, tiie Governor recommended that the Rever- end Edward Cridge, District Minister of Victoria, should be appointed a member of the committee to enquire into and report upon the state of the "Publick Schools." It was therefore resolved: "That the Reverend Edward Cridge be according to the Governor's recommendation appointed a member of said Committee, and be requested to hold (]uarterlv examinations, and to report on the progress and conduct of the pupils, on the system of management and on all other matters connected witii the District Scho(jls which may appear deserving of attention.""' Thus the late Bishop Cridge became associated with the educational system of the Colony as the first inspector of schools. For many years he served in that capacity and also as schoolmaster, with no small honour to himself and to the great benefit of the community and the State. Few men in early days achieved a wider popularity or rendered more essential service than the indefatigable District Minister, who was respected and beloved by all. The Company's Chaplain was indeed — as the Hon. John Work observed in one of his letters — "a verv worthv man." '' Minutes of Cmincil, p. 35.