Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Public Offices document
Head, Edmund Walker to Rogers, Frederic 17 April 1866, CO 60:26, no. 3817, 90.
Abstract
Head, Edmund Walker to Rogers, Frederic 17 April 1866, CO 60:26, no. 3817, 90.
Public Offices document.
Minutes (5), Other documents (1), Marginalia (1).
Head to Rogers (Permanent Under-Secretary)
Hudson's Bay House
London
April 17 1866
London
Sir,
I have the honour to inform the Secretary of State
that in a recent letter from Governor William Mactavish
we are told that a considerable number of Traders have
visited the Peace River and Athabasca districts from British Columbia and have introduced spirituous liquors among the Indians there.
On this subject Governor Mactavish speaks as follows—
The introduction of Rum among theBeaver
Beaver Indians is an evil;
they have long been unable to get it, though formerly the
North West Company had traded liquor with them, when they
were noted, even among Indians, for turbulence when
under its action. It will also affect us seriously, as
our people will under its inducement be debauched and most
likely our establishments made the scene of many irregularities.
I do not know if law in British Columbia forbids the use of
liquor in Indian trade, or whether if such a law exists
it could be brought to bear on liquor carried through the
Colony for Indian trade beyond its borders; but it would be
as well to see what couldbe
be done to stop the transit of
liquor through British Columbia, at least openly, for I doubt
very much if it can be totally stopped. I would also beg to
call the attention of the Governor and Committee to the fact
that in the Country to the north of Portage La Loche, or what
was formerly the Licensed Territory, there are no qualified
Magistrates. While there were only Indians to deal with, the
Company's Officers sufficed, but now that strangers are
flocking in, and those strangers engaged in an opposition
Trade, the circumstances are changed.
Beaver Indians is an evil;
they have long been unable to get it, though formerly the
North West Company had traded liquor with them, when they
were noted, even among Indians, for turbulence when
under its action. It will also affect us seriously, as
our people will under its inducement be debauched and most
likely our establishments made the scene of many irregularities.
I do not know if law in British Columbia forbids the use of
liquor in Indian trade, or whether if such a law exists
See Orde No 16 of /65 in Accomg Volume.
be done to stop the transit of
liquor through British Columbia, at least openly, for I doubt
very much if it can be totally stopped. I would also beg to
call the attention of the Governor and Committee to the fact
that in the Country to the north of Portage La Loche, or what
was formerly the Licensed Territory, there are no qualified
Magistrates. While there were only Indians to deal with, the
Company's Officers sufficed, but now that strangers are
flocking in, and those strangers engaged in an opposition
Trade, the circumstances are changed.
The district referred to is not in the Company's Territory
and issituated
situated in the old Licensed Territory at least 800
miles beyond the Red River Settlement.
situated in the old Licensed Territory at least 800
miles beyond the Red River Settlement.
I have reason to think that in 1861 a proclamation was
in force in British Columbia imposing a penalty of from £5
to £20 on each sale of liquor to Indians but this is described
as being at that time entirely inoperative on the Coast and
probably would be so Inland. Moreover the district referred
to by Governor Mactavish is on Peace River and is not within
the limits of British Columbia even as extended by the Act
6th and 7th Victoria Cap. 83. The operation of this
Act is limited to thewest
west of the 120th meridian of West Longitude.
west of the 120th meridian of West Longitude.
The Act of 1859 (22nd and 23rd of Victoria Cap. 26) was intended to provide some machinery for the government
of the old Licensed Territory but I am not aware that the
powers conferred by that Act have ever been exercised. There
are I am informed no white persons resident in the Country
except the Officers and Servants of the Hudson's Bay
Company—consequently there is no one there who could be appointed a
Magistrate or who would be employed to enforce rules and
regulations for the prevention of the sale of liquor to the
Indians such as this last Actauthorizes
authorizes the Queen in Council
to make. It is obvious enough that as the free traders
introduce liquor expressly for the purpose of competing with
the Hudsons Bay Company the Officers and Servants of that
Company could not be invested with powers for the hinderance
of the traffic. If such rules and regulations could be made
and enforced it would be generally for the advantage of the
Indians themselves and the Company's own Officers would be
spared the temptation of competing with those traders by similar means.
authorizes the Queen in Council
to make. It is obvious enough that as the free traders
introduce liquor expressly for the purpose of competing with
the Hudsons Bay Company the Officers and Servants of that
Company could not be invested with powers for the hinderance
of the traffic. If such rules and regulations could be made
and enforced it would be generally for the advantage of the
Indians themselves and the Company's own Officers would be
spared the temptation of competing with those traders by similar means.
It is the earnest wish of the Hudson's Bay Company to
discourage in any way and every where the sale ofliquor
liquor to
the Indians and they never adopt it except in cases where
it is forced on them by competition from other quarters.
liquor to
the Indians and they never adopt it except in cases where
it is forced on them by competition from other quarters.
It is possible that the Right Honorable the Secretary
of State may cause steps to be taken for intercepting the
transport of spirituous liquors down Peace River by some
action on the part of the Government of British Columbia,
for it is by this route that they are introduced into the
district in question; but I confess I see no other means of
successfully meeting the evil.
Minutes by CO staff
Mr Elliot
The Ordce last passed in B.C. (/65) prohibiting the sale or gift of spirits to the Indians within the Colony is very sharp in its punishment. Each offence £100 fine; in case of non payment 12 months imprisonment with or without hard Labor, with increased punishment on 2d offence. Vessels & boats to be confiscated.
The Ordce last passed in B.C. (/65) prohibiting the sale or gift of spirits to the Indians within the Colony is very sharp in its punishment. Each offence £100 fine; in case of non payment 12 months imprisonment with or without hard Labor, with increased punishment on 2d offence. Vessels & boats to be confiscated.
The Colony has thus unmistakably shown its disapproval
of spirit selling to Indians, & within its limits,
and where there are Magistrates it may be hoped that
the Law will do good service. But beyond the Colony,
& in a district which does not belong to the Company,
& where there are no Authorities it is hard to say
what can be done to meet the evil complained of by Sir E. Head. If the Act 22 and 23 Vict. C. 26 will not
meet the case there wd seem no other than the
feeble alternative suggested by Sir E. Head of urging
the B.C. Authorities to do the best in their power to
arrest the transport of Spirits thro' the Colony. At
the same time it is not impossible that spirits may reach
the Peace River from the Russian Territories on the Coast.
ABd
19 April
Sir F. Rogers
The Hudson's Bay Co were always, I believe, considered entitled to much credit for their treatment of the Indians in these remote districts, and for not corrupting and destroying them by the introduction of spirits. The fear of such consequences was one of the chief objections to depriving the Company of its exclusive privilege and allowing an influx of private Traders. It
will be a just subject of regret if this
mischief cannot be prevented.
The Hudson's Bay Co were always, I believe, considered entitled to much credit for their treatment of the Indians in these remote districts, and for not corrupting and destroying them by the introduction of spirits. The fear of such consequences was one of the chief objections to depriving the Company of its exclusive privilege and allowing an influx of private Traders. It
will be a just subject of regret if this
mischief cannot be prevented.
The real difficulty however is one which one hardly
sees how to overcome, vizt, the situation of the Country
in the very heart of North America. It is 800 miles
beyond Red River, and of course a great deal further from
the nearest seat of any Canadian Authorities. It cannot
therefore be ruled from Canada.
Again it is entirely beyond the limits of our Colony
on the Pacific: it cannot therefore be ruled from British
Columbia. The Act of Parliament of 1859 confers two
powers upon Her Majesty in respect of the North Western
Territories—1st to appoint Magistrates, 2nd to make Regulations.
But a Magistrate in sucha
a Country would be immediately
starved to death or killed by the Indians, unless he
depended entirely on the Charity and Countenance of the
H.B.Co, between whom and the private traders he ought to be
an impartial Arbitrator. With no Magistrate and
no effective Force, regulations would be futile. I own
therefore that I do not myself see what the Government
of England can do to prevent the injurious sale of spirits
among the Indians in the very centre of the North American
Continent; and I fear that if the facts alleged by Mr
Mactavish be correct, they will only be a proof that the
principal evil apprehended from opening the trade in
these remote districts has begun to be realized.
a Country would be immediately
starved to death or killed by the Indians, unless he
depended entirely on the Charity and Countenance of the
H.B.Co, between whom and the private traders he ought to be
an impartial Arbitrator. With no Magistrate and
no effective Force, regulations would be futile. I own
therefore that I do not myself see what the Government
of England can do to prevent the injurious sale of spirits
among the Indians in the very centre of the North American
Continent; and I fear that if the facts alleged by Mr
Mactavish be correct, they will only be a proof that the
principal evil apprehended from opening the trade in
these remote districts has begun to be realized.
TFE
21 April
Moreover I hardly see what an isolated Magistrate could do
in stopping the liquor trade. It is lamentable enough.
Would it be worth while asking Gov Seymour whether
he can suggest anything & whether Sir E. Head's suggestion of
stopping liquor on its way thro' B. Cola is practicable.
FR
21 April
It is our duty to do all in our power to stop the sale of
liquor to the Indians, but the difficulties are as Sir F.R.
says very great. Would it not be well to see Sir E. Head
& ask him for more definite suggestions & then
communicate with Gov. Seymour.
WEF
23/4
I think these Papers should be communicated to Gov. Seymour
with an intimation that I should be glad, when he has
considered them, to arrange that he should meet Sir E.
Head at this office & determine whether any & what steps
can usefully be taken to check this great evil.
with an intimation that I should be glad, when he has
considered them, to arrange that he should meet Sir E.
Head at this office & determine whether any & what steps
can usefully be taken to check this great evil.
EC
25
