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Ch 16-6

Wednesday, December 15th, 2010
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. * * *"

Ch 16-5

Wednesday, December 15th, 2010
BRITISH 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, 2010
544 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. 

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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, 2010
BRITISH 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 

Ch 16-2

Wednesday, December 15th, 2010
534 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 

Ch 16-1

Wednesday, December 15th, 2010
CHAPTER 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. 

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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. 

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