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Comparison and contrast of the territorial government of Washington and the colonial government of British… Town, Victor John 1940

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COMPARISON AND CONTRAST OF THE TERRITORIAL 'GOVERNMENT OF WASHINGTON AND THE . 60L0NIAL GOVERNMENT OF BRITISH COLUMBIA by VICTOR JOHN TOWN'. f A t h e s i s submitted i n p a r t i a l f u l f i l m e n t of the requirements f o r the degree of Master of A r t s i n the Department of H i s t o r y , The U n i v e r s i t y of B r i t i s h Columbia A p r i l 1940. Jj^-COMPARISON AND CONTRAST OF THE TERRITORIAL GOVERNMENT OF im.INGT.QN WITH THE , COLONIAL GOVERNMENT OF-.BRITISH COLUMBIA contents CHAPTER I ; INTRODUCTION -Pcl^ G m * > * « • « » # * « * # • • * • « « • • • « « • » « • * « • » « « « « « » * e * » e * e 1 CHAPTER I I EARLY PARALLEL GROWTH.OF THE PACIFIC NORTHWEST THE CLASH OF NATIONS CHAPTER I I I JOINT OCCUPATION - THE RULE OF THE HUDSON*S BAY COMPANY AND THE PROVISIONAL GOVERNMENT. ••••••••••••••••••••••••••••••••••••••••••••••••••••« 1*7 CHAPTER IV HISTORY OF THE TERRITORY OF WASHINGTON (a) as T>art of the T e r r i t o r y of Oregon 1846-53 (b) as the T e r r i t o r y of Washington 1853-89 CHAPTER V HISTORY OF., THE COLONIAL GOVERNMENTS OF BRITISH COLUMBIA (a) the f i r s t colony of Vancouver I s l a n d (b) the founding of B r i t i s h Columbia (c) Union and provincehood • • • • • • • • • • • • » « « • * « * • • • « c e » » « o * s e * e « c * o » e « « * * » » * « o » e e 33 / . CHAPTER VI CONSTITUTIONS OF WASHINGTON TERRITORY AND COLONIAL BRITISH COLUMBIA CONTRASTED (a) Organic Act vs. the Commissions and I n s t r u c t i o n s * (b) the Governor (c) the Cou n c i l and the Assembly (d) the two types of government * Page 73 CHAPTER V I I DIFFERENCES IN RELATED SUBJECTS TO'GOVERNMENT A.- LAWS ENACTED BY TERRITORY AND COLONY • . . .B. FRANCHISE C. EDUCATION . .D. JUDICIAL SYSTEM .. ~ E. FINANCES CHAPTER V I I I LAND SETTLEMENT AND THE INDIAN POLICY (a) d i f f e r e n t land p o l i c i e s . (b) d i f f e r e n t Indian p o l i c i e s . CHAPTER IX AMERICAN AND BRITISH COLONIAL POLICIES REVIEWED CHAPTER X : CONCLUSION CHAPTER•I INTRODUCTION Modern state, and i n t e r n a t i o n a l boundaries d i v i d e the P a c i f i c Coast of North America and becloud i t s a c t u a l u n i t y . But, aside from p o l i t i c s , these l i n e s have l i t t l e s i g n -ID f i e a n c e ; they do not d e l i m i t economic or c u l t u r a l contacts. The P a c i f i c Coast i s , so to speak, embraced on each side by a u n i f y i n g f a c t o r ; the P a c i f i c Ocean on the west, and the border of mountain, desert, and p l a i n on the east. Besides geographic u n i t y the s e v e r a l p a r t s of the coast have had many h i s t o r i c a l experiences: Spanish e x p l o r a t i o n , f u r t r a d e r s as the vanguard of Anglo-American approach, mining rushes, trade with the Orient, and the problem of O r i e n t a l immigration, — these are but samples. Up to 1846 the h i s t o r y of the northwest P a c i f i c coast i s one and i n d i v i s i b l e . T i l l 1846 New Caledonia, as a component part of Old Oregon, had p a r t i c i p a t e d i n the same h i s t o r i c a l experiences as the southern S e c t i o n of Old Oregon, save only that i t had remained e n t i r e l y f r e e from American i n t r u s i o n s . Sea-Cotter trade on the coast, Nor-wester beaver-trapping j and the Hudson's Bay Company regime under IvioLoughlin, had been most c h a r a c t e r i s t i c of New Caledonia, ( l ) In t h i s year of 1940 the p o l i t i c a l c o n s i d e r a t i o n s are deci d e d l y important; Washington, uregon and C a l i f o r n i a are n e u t r a l , B r i t i s h Columbia i s not. j u s t as i t had been of Old Oregon* In 1846 the 49th p a r a l l e l was h e a v i l y inked on the maps of the P a c i f i c northwest and solemnized as an i n t e r n a t i o n a l boundary. This d i v i s i o n sever-ed the two p a r t s p o l i t i c a l l y , but an e s s e n t i a l u n i t y remained* The d i v i s i o n of the country p o l i t i c a l l y should not hide the f a c t that P a c i f i c Northwestern h i s t o r y i s more remarkable f o r i t s u n i t y than i t s d i v e r s i t y . The h i s t o r y of Canada's P a c i f i c province presents f a r greater s i m i l a r i t y than d i s s i m i l a r i t y to- that of the American Northwest4 Geographically and economically, only by t r e a t i n g i t as one rather than as two d i s t i n c t e n t i t i e s can a c o r r e c t view of the /whole be obtained. This p r i n c i p l e w i l l unquestionably hold g o o d A a l l matters save the p u r e l y p o l i t i c a l , and, i n order to t r e a t that f u l l y , i t w i l l be necessary to consider each of the d i v i s i o n s by i t s e l f , then to c o r r e l a t e the whole and to analyse the major differences'. i d e n t i c a l problems, there i s an a f f i n i t y between the Province of B r i t i s h Columbia and the State of Washington that e x i s t s nowhere along the western i n t e r n a t i o n a l boundary except i n the .Red R i v e r Y a l l e y of Manitoba* Common h e r i t a g e , common str u g g l e s and common d i f f i c u l t i e s have made i t so, of course at times there have been so c a l l e d i n c i d e n t s , yet at no time has a c t u a l open warfare e x i s t e d between these two P a c i f i c Commonwealths. Most disputes have been s e t t l e d amicably by a r b i t r a t i o n and not by'recourse to war. An I n t e r n a t i o n a l J o i n t Commission is/as b-eea set up by Canada and the United in 17/0 States to s e t t l e : a l l - d i s p u t e s that might a r i s e between the Growing from the beginning together, sharing almost d i f f e r e n t p a r t s of the two nat i o n s . More h a p p i l y expressed, the northern boundary of the United States and the southern boundary of the Dominion are f o r t i f i e d by friendship.^Nowhere a b a r r i e r , the i n t e r n a t i o n a l l i n e i n the west provides very l i t t l e more o b s t r u c t i o n than the corresponding geographical (2) d e f i n i t i o n s between States and Provinces. Common h i s t o r i c a l background has bound them together i n a common h e r i t a g e . The beginnings of h i s t o r y i n a l l the P a c i f i c Northwest were d i s t i n c t l y s i m i l a r . The exp l o r a t i o n s began as they had on the eastern seaboard, w i t h the voyages of the sea-captains* The d i s c o v e r i e s of the Cabots, of •Verrazano» and of C a r t i e r and Champlain had t h e i r counterpart i n the voyages of the Spanish captains who, from New Spain, nervously f e l t t h e i r way along the P a c i f i c shore u n t i l the i s l a n d f r i n g e of what i s nov; British''Columbia was reached. Hard at t h e i r heels came the Russian f u r traders and adventurers who pushed across S i b e r i a and slowly"explored the North P a c i f i c shores of the North American continent. Then i n the year 1778, one of the greatest of the world's navigators, Captain James Cook, cast anchor i n Nootka Sound. IMOW the h i s t o r y of the P a c i f i c Northwest may be s a i d to have begun i n earnest* In the wake of Cook came tr a d e r s seeking sea-otter p e l t s . The c o d f i s h of the A t l a n t i c water a t t r a c t e d hundreds of mariners to the banks and bays discovered there by e a r l y e x p l o r e r s , and the beaver during the 17th and 18th cen t u r i e s tempted the feet of t r a d e r s and trappers to the (2) Again i t must be noted that w i t h the coming of war there i s bound to be some s t r a i n i n the f r i e n d l y r e l a t i o n s while the Uni t e d States remains n e u t r a l * north 4. barren/and to the f o o t h i l l s of the Kockies. So the sea-otter turned the eyes of commerce to the Northwest coast* This was the magnet that drew hundred of s a i l o r s to i t s i s l a n d - d o t t e d shores. These s a i l o r s and the s c i e n t i f i c e x plorers t h a t followed themnade the P a c i f i c Northwest coast known to the world* From lj?13 and the d i s c o v e r y of the P a c i f i c Ocean by Balboa t i l l a f t e r the t u r n of the 19th century, the h i s t o r y of-Washington and B r i t i s h Columbia are the same. But w i t h the coming of the 1800's the u n i t y disappears and separate i n t e r e s t s s p l i t the Northwest. I t i s a slow process but a l l the more thorough i n i t s execution. In the short space of s i x t y years, from 1790 to I85O, t h i s part of the North American continent grew from a t r a c k l e s s , unknown waste to a w e l l known and a r d e n t l y d e s i r e d base f o r the Sounding of two great "empires". To compare and contrast the b u i l d i n g , of "these two component p a r t s from the one whole i s the purpose of t h i s t h e s i s ; to show on the one hand the Canadian f i g h t f o r s e l f -government, and on the other, the American f i g h t f o r statehood* The State of Washington and the Province of B r i t i s h Columbia -two commonwealths.growing from the one root and maturing under two divergent systems present many i n t e r e s t i n g analogies and s i m i l a r i t i e s during the years of t h e i r growth* Only the t e r r i t o r i a l government of Washington and the c o l o n i a l govern-ment of B r i t i s h Columbia w i l l be discussed. No attempt w i l l be made to c a r r y the h i s t o r y down to the present day. A l l phases d e a l i n g w i t h the government of the two c o u n t r i e s w i l l 5. be dealt w i t h ; t h e i r p o l i c i e s , t h e i r i n s t i t u t i o n s , t h e i r o r i g i n , t h e i r conponent p a r t s , and the r e l a t i o n s between them* The Northwest holds a unique place i n h i s t o r y * I t i s the only r e g i o n that was j o i n t l y occupied by Great B r i t a i n and the United States and the only t e r r i t o r y where a P r o v i s i o n a l Government has e x i s t e d supported by c i t i z e n s of both n a t i o n s . Thus the Northwest i s the p r a c t i c a l p r o v i n g ground of the i m p e r i a l i s t i c and c o l o n i a l aims of the two co u n t r i e s , the one, new and inexperienced, but none the l e s s adept; the other with a long l i n e of s u c c e s s f u l colonies and an already great empire behind i t * CHAPTER I I . • EARLY PARALLEL GROWTH OF THE PACIFIC NORTHWEST THE CLASH OF NATIONS T i l l 1846 the province of" B r i t i s h Columbia and the sta t e of Washington have a common h i s t o r y * The saga of the e x p l o r a t i o n and discovery of the P a c i f i c Northwest i s a s t o r y f u l l of adventure, o f hardships and heartaches, of brave deeds done f o r g l o r y and f o r gain* Above a l l i t ' I s the s t o r y of the development of Europe 5s l a s t great f r o n t i e r , of the exploration and settlement of a land of u n t o l d wealth i n n a t u r a l resources. I t begins with,the d i s c o v e r y and e x p l o r a t i o n of the coast by the sea captains of the 17th, 18th and 1.9th c e n t u r i e s * As a d i r e c t r e s u l t of t h e i r d i s c o v e r i e s came the maritime f u r traders who f l a s h across the ho r i z o n 'for a b r i e f second and are gone* Of more l a s t i n g q u a l i t y are the overlanders who come next. They b r i n g the f u r trade from the east and set up a mighty empire and r u l e supreme f o r over a quarter of a century. . Then these f u r t r a d e r s , one by one, the Northwest Company, the Americans, and the great Hudson's Bay Company are subordinated by J o i n t Occupation and the forces of c i v i l i z a t i o n . -Finally•* the i n t e r n a t i o n a l boundary i s drawn and New Caledonia and Oregon g o , t h e i r separate ways. The i n t e r e s t ' i n the P a c i f i c coast of North America was of long standing, but i t ' was not u n t i l the 18th century that i t a t t a i n e d any great importance* Many t a l e s were brought home of the fabulous country of Northwest America by s k i l l e d and i n t r e p i d but not always t r u t h f u l n a v i gators* But i f i t had not; been f o r t h e i r h a l f - t r u t h s , t h i s Northwest coast might never have been discovered and explored from the sea and we might have been forced to wait f o r i t s discovery overland from the east. Beginning w i t h the discovery of the P a c i f i c i n 1^13 by Balboa, f o r two and a h a l f c e n t u r i e s , adventurers of many lands v i s i t e d the North P a c i f i c waters* Spaniards, Russians, and one B r i t i s h e r , Drake, are known to have journeyed t o t h i s coast, but w i t h the exception of the Russians i n Alaska, they l e f t no apparent mark* The e a r l y " Spanish expeditions were not of great importance* "The great m a j o r i t y of. the Spanish expeditions had ended i n d i s a s t e r . Few of the captains made a landing and those who d i d , accomplished but l i t t l e ; they merely touched at i s o l a t e d p o i n t s , and while the general trend of the coast was known, so poor were t h e i r n a u t i c a l instruments that t h e i r l a n d f a l l s are i n a c c u r a t e l y l o c a t e d * Moreover what the explorers kept were hidden i n the archives of Mexico or Spain and the world was l i t t l e the wiser fo r the e f f o r t s they had put f o r t h . I t was l e f t f o r Captain Cook and Captain Vancouver and the f u r traders who fo l l o w e d i n the wake of Cook to survey the coast and to make known to the world i t s character and resources, and the manners and customs (1) of I t s i n h a b i t a n t s . I n t e r e s t was.reawakened i n t h i s coast a f t e r the Spaniards, by the search f o r a supposed Northwest Passage from ocean to ocean. Captain Cook was the f i r s t B r i t i s h e r t o a r r i v e on the Northwest coast i n search of t h i s Northwest Passage. He ( l ) S h o r t t , A. & Doughty, A.G. ( e d i t o r s ) Canada and i t s P r o v i n c e s , ^ V o l . 21,Edinburgh, 1914, pp 22 & 2J. 8. made the f i r s ' * landing on what i s now the B r i t i s h Columbia coast at Nootka Sound on Vancouver Islands March 2:9, 1778 marked an important event i n the growth of the B r i t i s h Empire* On t h i s date Nootka was discovered and through Cook's d i s c o v e r i e s and surveys England was t o have a b e t t e r claim to the Northwest coast than Spain, whose mariners had not as yet landed on these shores* Cook's Journa l was published i n 1784 and the a c q u i s i t i o n of f u r s from Nootka was mentioned* Through t h i s a c c i d e n t a l discovery, the commercial world became f u l l y a l i v e to the p o s s i b i l i t i e s of the f u r trade on the P a c i f i c coast* (2) M I t was as i f a new Gold Coast had been discovered"* Dixon, P o r t l o c k , Meare-s, Gray, Kendrick and many more l e s s e r names are a l l v i t u a l l y connected w i t h the romance of the Northwest. Most of these men came p u r e l y as tr a d e r s and business men, and i t i s hard to estimate what they have done •or what i n f l u e n c e they have had on the coast* l e t t h e i r mere presence was important f o r through.these f u r - t r a d i n g e x plorers the general character of the Northwest coast g r a d u a l l y became known and the c l a s h of nations over t h i s wilderness was brought to the f o r e * As a r e s u l t of t h i s maritime f u r trade arose the Nootka Sound Controversy, which was to cause the abandonment by Spain of her long a s s e r t e d r i g h t 'to supreme c o n t r o l on the western shore of the P a c i f i c Ocean* Spain gave way before the might and diplomacy o f Great B r i t a i n and on October 28, 1790 (2) Marshall,:Wm» I . A c q u i s i t i o n o f Oregon, Pa r t L, S e a t t l e , 1911, p.3?. signed the"Nootka Sound Convention, the f i r s t , t r e a t y ever •made..between any European nations concerning the Northwest coast of America. To complete the Convention a r e p r e s e n t a t i v e of each country was sent to Nootka* Spain send Don Juan Bodega I . Quadra and England sent Captain George Vancouver. Di f f e r e n c e s arose and the a f f a i r was not f i n a l l y s e t t l e d t i l l 1795 hut Vancouver's work gave England a b e t t e r c l a i m than any other n a t i o n as y e t , to the P a c i f i c Northwest. His duty was t o a s c e r t a i n p a r t i c u l a r l y "the number, extent and s i t u a t i o n of any settlements" of European nations w i t h i n these l i m i t s and e s p e c i a l l y to i n q u i r e as to "the nature and extent of any .water- communication which may tend i n any considerable degree to f a c i l i t a t e an i n t e r c o u r s e f o r the purpose of commerce between the Northwest coast and the country on the opposite . (3) side of the .continent" occupied by the B r i t i s h s u b j e c t s * Vancouver c a r r i e d out h i s work w e l l but he f a i l e d to f i n d the 'Great River o f the West'. This feat was accomplished by an American, Captain Robert Gray, who, on May 11, 1792 s a i l e d i n t o the mouth of t h i s great r i v e r and c a l l e d i t the Columbia. The. Americans were, thus, given a c l a i m by p r i o r i t y of d i s c o v e r y t o the vast t e r r i t o r y i t drained. As Spain leaves the arena of the P a c i f i c coast, a newcomer, the young, e n t e r p r i s i n g United States of America enters* With Captain Vancouver the h i s t o r y of the maritime e x p l o r a t i o n o f the P a c i f i c coast c l o s e s * From now on we must turn to the f u r .traders f o r Information. There were the (3) Vancouver's Voyage 1798 E d i t i o n , V o l . I, p . x v i i i . 10. maritime f u r '.traders who l e f t nothing hut devastation i n t h e i r (4) wake and whose trade was a "mere l o o t i n g o f the Coast", Then came the great B r i t i s h f u r companies who spread overland and e s t a b l i s h e d the f i r s t r e a l c o n t r o l over the P a c i f i c Northwest. Up to t h i s point the h i s t o r y of the P a c i f i c Northwest has been made up e n t i r e l y of voyages to the coast around South America* or around A f r i c a , or across S i b e r i a conducted by Spaniards, Englishmen* Americans* and Russians, i n some cases f o r the sake of i n c r e a s i n g the world's s t o r e of geographical knowledge, but more oft e n i n p u r s u i t o f trade,, There was always, however, the u n d e r l y i n g purpose or hope of a c q u i r i n g the dominion over these f a r d i s t a n t regions, although, at t h i s e a r l y p e r i o d , the p r i z e d i d not seem of s u f f i c i e n t value to j u s t i f y engaging i n War over i t s possession; the game seemed hardly worth the candle. Great B r i t a i n and Spain d i d almost come to blows, but such a catastrophe was avoided by an amicable agreement unconsciously thereby a i d i n g the cause of the United S t a t e s . The f i r s t of the great f u r companies on the P a c i f i c coast was; the North West Company. Through t h i s company and the men i t sent out, Great B r i t a i n acquired an i n d i s p u t a b l e c l a i m t o the region, north of the 49th p a r a l l e l . They sent out Alexander Mackenzie, who., i n 1793, w a s ^ e f i r s t white man to reach the P a c i f i c overland from Canada. L a t e r they dispatched Simon Eraser, who, i n 1808 t r a v e l l e d do?ra the, Fraser R i v e r , t h i n k i n g i t was the Columbia, u n t i l he reached i t s mouth before d i s c o v e r i n g h i s mistake* Fraser also e s t a b l i s h e d * i n 1803, the f i r s t f u r - t r a d i n g post, F o r t McLeott, b u i l t west of (.4) Howay, F. ¥., Fur Trade i n the Northwest, p.276. -11, the Rockies* and bestowed on t h i s region the name, New Caledonia. Meanwhile, the Americans had not been napping* As e a r l y as 1782 Thomas J e f f e r s o n had been arousing the i n t e r e s t of h i s countrymen i n western e x p l o r a t i o n , and when he became President h i s i n t e r e s t was unabated* J e f f e r s o n was the f i r s t Ameriean i m p e r i a l i s t . ^His fondest dream was f o r the annexation or purchase of the vast Spanish-French t e r r i t o r y l y i n g to the (5) west of the M i s s i s s i p p i and known as L o u i s i a n a . Supplementary t o t h i s was.his i n t e r e s t i n the Northwest and t r a n s c o n t i n e n t a l e x p l o r a t i o n * A c c o r d i n g l y i n 1803 he sent to Congress a c o n f i d e n t i a l message recommending such an expedition and the s e l e c t i o n of Captains Lewis and Clark as i t s leaders,. In the years 1804, I805, I806 t h i s e x p e d i t i o n explored from S t . L o u i s - t o the mouth of the M i s s o u r i R i v e r , • f crossed the d i v i d e and then descended the Snake to the Columbia R i v e r and then to i t s mouth and the P a c i f i c Ocean. By means of t h i s e x p e d i t i o n , the way was paved f o r the subsequent As t o r e n t e r p r i s e , f o r the American migrations over the Oregon T r a i l , and America's c l a i m t o the Northwest became j u s t i f i e d , . As i l l u s t r i o u s and as s u c c e s s f u l as the Lewis and Clark e x p e d i t i o n undoubtedly was, i t marked the end of success and the beginning of a long s e r i e s of f a i l u r e s by Americans. The North West Company heard o f the plan of the American, John Jacob A s t o r , to enter the f u r trade i n the P a c i f i c Northwest and sent out David Thompson to explore the i n l a n d vastness of New Caledonia and Old Oregon* .But Thompson was not able to f o r e s t a l l the Americans, f o r a f t e r d i s c o v e r i n g the headwaters (5) L o u i s i a n a was French u n t i l 1763, Spanish from 1763 to 1801, and French again from l801 to I8O3. 12. of the Columbia and progressing down i t s l e n g t h , he a r r i v e d at i t s mouth J u l y 1 5 , l 8 l l , only to f i n d that the P a c i f i c Fur Company of Astor had already a r r i v e d on the Columbia and was then b u i l d i n g a base f o r operations. Astor was a leading merchant of New York and at t h i s time, the c e n t r a l f i g u r e of the American f u r trade. His plan was to e s t a b l i s h a permanent post at the mouth of the Columbia fiiver, which would be the headquarters f o r a l a r g e trade with the i n t e r i o r and along the coast, and to supply t h i s post by means of a v e s s e l sent annually from Hew York. This v e s s e l , would p i c k up the f u r s , t r a n s p o r t them to China, and take home from there a cargo of s i l k * t e a , and other commodities. To , t h i s post on the Columbia he would open a comfortable and protected overland route to f a c i l i t a t e general t r a f f i c and, settlements westward. The e x p e d i t i o n o f Lewis and; Clark had proved that t h i s was f e a s i b l e and Astor planned a chain of f o r t s to connect the Columbia and the M i s s o u r i * A s t o r b e l i e v e d that the Americans could c o n t r o l the. Northwest because the North 'Wes;t Company and the Hudson's Bay Company were handicapped by the long haul from Montreal to Oregon, and by the monopoly of trade on the P a c i f i c h e l d by the East India^Company. A s t o r was a f a r - s i g h t e d man and seemedto envisage a separate s t a t e on the P a c i f i c coast f r i e n d l y t o , and working w i t h , the U n i t e d - S t a t e s . J e f f e r s o n , to whom Astor confided h i s p l a n s , f e l t the keenest sympathy. " I considered as a great p u b l i c a c q u i s i t i o n , the eommencenent of a s e t t l e -ment on that p o i n t o f the western coast of America, and looked forward w i t h great g r a t i f i c a t i o n to the time when, I t s 13. descendants* should have spread themselves through the whole l e n g t h of that coast, covering i t with f r e e , independent Americans, unconnected with us except by the t i e s of blood, and i n t e r e s t , and enjoying l i k e us the r i g h t s of s e l f govern-(6) raent.'" ' H a l f the shares i n the P a c i f i c Fur Company formed by Astor, were a l l o t e d to f o u r a s s o c i a t e s , but he r e t a i n e d f u l l c o n t r o l . He modelled h i s company a f t e r the Canadian f u r companies, e s p e c i a l l y the North West Company which he (7) e v e n t u a l l y planned on absorbing. He chose h i s men and h i s partners from t h i s company as the only a v a i l a b l e source of: experienced help. The subsequent f a i l u r e of Astor* s enterprise has been blamed on the treachery of these former North West • (8) Company men. But i t must be remembered that these men had joined Mr. Astor simply as a commercial venture by which they hoped to b e t t e r themselves f i n a n c i a l l y . They were not i n sympathy with A s t o r ' s purpose of founding an American s e t t l e -ment on the Columbia, but t h e i r actions were not treacherous; they were brought on by the f a i l u r e of the business economically, and by the war between the U n i t e d States, and Great B r i t a i n . A stor's e n t e r p r i s e appeared sound i n every respect; yet i t was doomed beforehand to mistakes and misfortunes* F i r s t , came the unfortunate choice of Captain Jonathan Thorn, as captain of the .'Tonquin', the ship chosen to s a i l to M7) Charles H. Carey, H i s t o r y of Oregon, P o r t l a n d , 1922, p. 208. (8) W. H.' Gray, H i s t o r y of Oregon, P o r t l a n d , 187Q, p.l8 & 19, \ M a r s h a l l , A c q u i s i t i o n of Oregon, Part I , p.50,. \ wm. Barrows, Oregon, The Struggle f o r Possession, Boston, 1888, p.62 & 63. (6) J e f f e r s o n , w r i t i n g s , Vol.XI,p.244. 14.. Oregon. He*Was accustomed to naval d i s c i p l i n e and could not understand the easy going humor and h a b i t s of the Northwesters who t r a v e l l e d w i t h him. Tragedy struck when the ship a r r i v e d o f f the Columbia i n March l 8 l l , and eight men were drowned i n the attempt "to cross the bar at the mouth of the r i v e r . The f o r t was b u i l t , named A s t o r i a , and the fTonquin f s a i l e d north to.engage i n t r a d e . I t never returned* The crew was massacred (9) by Indians and the ship destroyed. More misfortunes came one a f t e r the other; the overland p a r t y s u f f e r e d t e r r i f i c t h e i r (10) hardships in/journey, and the supply ship f a i l e d to a r r i v e . Then, too, the North West Company had followed up Thompson's d i s c o v e r i e s and had opened up a b r i s k trade i n the i n t e r i o r of the country. In I8I3 news a r r i v e d that Great B r i t a i n and the United States were at war and that a B r i t i s h warship was on i t s way to the P a c i f i c Northwest to s e i z e A s t o r i a . Influenced by t h e i r f e a r s , and as the business was being conducted by a l o s s and the future looked unpromising, the partners at A s t o r i a decided to use t h e i r prerogative and (11) s e l l out to the North West Company* The agreement was: (9) For a f u l l e r account see, Canada & i t s Provinces Vol,21; Washington I r v i n g , A s t o r i a ; Carey, H i s t o r y of Oregon; F,. Wi Howays The Loss of the Tonquin, Vfashington H i s t o r i c a l Quarterly* V o l . X l l l , p.83-92. (10) I t was found l a t e r t o have been wrecked on the Sandwich I s l a n d s . I l l ) Washington I r v i n g , A s t o r i a , P h i l a d e l p h i a , I85O, p>71* i! "The a s s o c i a t i o n , i f s u c c e s s f u l , was to continue f o r twenty years.; but the p a r t i e s had f u l l power to abandon and d i s s o l v e i t w i t h i n the f i r s t f i v e years, should i t be found u n p r o f i t a b l e . " A l s o , i f a B r i t i s h warship should come to the f o r t and s e i z e i t , the f u r s would become a p r i z e and the-partners would have to f o r f e i t t h e i r i n t e r e s t i n them. signed Octob'er 2J, I813 and on November JO the long expected B r i t i s h ship 'Raccoon T a r r i v e d * The captain took formal possession of the f o r t , l n the name of the King and renamed i t Fort George*, This a c t , i n s t e a d of d i m i n i s h i n g the American cla i m to t h i s coast, g r e a t l y increased i t * "The American settlement had come to naught and the Americans had abandoned the country by v o l u n t a r y d e c i s i o n , a f a c t , which had i t remained so, would have deprived the (United States) of one of i t s most potent, i f not i t s p r i n c i p a l c l a i m i n the h i s t o r i c controversy of f u t u r e years upon the r i g h t s of sovereignty .to t h i s v a l u a b l e domain. For had Captain Black., f i n d i n g the f o r t already i n the hands of h i s countrymen by r i g h t of p r i v a t e purchase* r e f r a i n e d from assuming r i g h t s f o r h i s government, -the r e s t o r a t i o n clause i n s e r t e d a year afterwards i n the Treaty of Ghent at the close of the war, would not have (12) applied*• ' • So ended i n f a i l u r e the attempt by John Jacob Astor to e s t a b l i s h a post and t o plant the American f l a g at the mouth of the Columbia. The post was nominally returned to American hands as the t r e a t y s t i p u l a t e d * but i t was not u n t i l l 8 l 8 that ,thi s was f o r m a l l y accomplished* Mr* Astor d i d not again attempt "to engage i n the f u r trade on the P a c i f i c coast. In the same year a convention was signed by the United States and Great B r i t a i n , whereby the Oregon Country Yi?as to be f r e e and open f o r a p e r i o d of ten years and the c i t i z e n s and subjects of both c o u n t r i e s ¥jere to have j o i n t occupancy. J o i n t Occupation i s a somewhat misleading term* Americans and (12) Carey, Op* e i t * p.246. 16. Englishmen had- equal r i g h t s to r e s i d e or trade i n any pa r t of Oregon, but the Americans d i d not take advantage o f this s t i p u l a t i o n f o r over a decade. This Anglo-American convention might more c o r r e c t l y have been c a l l e d , 9 A Convention f o r the Mutual Recognition of C o n f l i c t i n g Claims to Ownership of Oregon (13) with the Postponement of Settlement of Title'.' (13) J . W. Caughey, H i s t o r y of the P a c i f i c Coast, Lancaster, Pa- 1933, p.211. 17 i CHAPTER I I I JOINT OCCUPATION - THE RULE OE THE HUDSON'S BAY COMPANY AND THE PROVISIONAL .GOVERNMENT. We now enter that unique p e r i o d i n Northwest h i s t o r y i n which two nations peaceably occupied and claimed a vast region, each s e t t i n g up i t s own a d m i n i s t r a t i v e and j u d i c i a l systems. One ?;as the system provided f o r i n a crown charter that delegated to a monopolizing p r i v a t e company, broad governmental powers, and p r i v i l e g e s . The other was a spontaneous and vol u n t a r y system, at f i r s t planned and put i n t o e f f e c t by the people of the l o c a l i t y themselves i n a democracy of t h e i r own d e v i s i n g , e n t i r e l y without grant from su p e r i o r - governmental a u t h o r i t y , and even without d i r e c t permission to exe r c i s e the powers of government. Eor n e a r l y t h i r t y years the B r i t i s h f u r companies assumed v i r t u a l c o n t r o l o f the Oregon country. During twenty years of t h i s time the c o n t r o l was a l l but absolute, and for the whole p e r i o d , a l l the employees of the company and p r a c t i c a l l y a l l of the n a t i v e s , were the subjects of t h e i r c i v i l and m i l i t a r y a u t h o r i t y . The North West Company only l a s t e d for'' three years a f t e r the s i g n i n g of the Oregon Convention. In 1821 because of the keen competition and armed o p p o s i t i o n between i t and the Hudson's Bay Company, i t bowed to the i n e v i t a b l e , and amalgamated wi t h the o l d e r company. This was accomplished i n 1821 under the one name - the Hudson's Bay Company, This r e v i t a l i z e d company organized and subdued a t e r r i t o r y t h a t now comprises the States of Oregon, l8o Washington, and p a r t s of Montana and Wyoming, and a l l o f B r i t i s h Columbia; t e r r i t o r i a l l y greater than any of the European st a t e s except Russia* A f t e r the amalgamation, the Hudson's Bay Company began to con s o l i d a t e and extend the sphere of i t s domination. In I824, Dr. John McLoughlin was chosen as c h i e f f a c t o r i n Oregon* An e x t r a o r d i n a r y man, he was loved and feared by a l l the i n h a b i t a n t s , white or Indian. C a l l e d v a r i o u s l y * the Father of Oregon, the White Headed Eagle, and the King of Old Oregon* he i s undoubtedly one of" the greatest f i g u r e s i n the h i s t o r y of the P a c i f i c Northwest. ttHe was C o n s t i t u t i o n as w e l l as Church and State f o r Old Oregon* Trappers and Indians thought none the l e s s of him f o r h i s assumption of d i c t a t o r i a l powers*- To the Indians i t appeared p e r f e c t l y proper; the G a l l i c voyageurs saw n o . t r a d i t i o n v i o l a t e d ; the Scotch tr a d e r s commended i t as business e f f i c i e n c y . The only c r i t i c i s m s came considerably l a t e r from an E n g l i s h chaplain and from a n t i -ID Americans. 1 1 The twenty years.of Oregon h i s t o r y from 1824 to T844 are pre^-eminently the age of McLoughlin* In him was vested the f i r s t 'government' on the North P a c i f i c coast. Almost every a c t i o n and event i n the whole, t e r r i t o r y was known to the c h i e f f a c t o r and r e s t e d f o r i t s f i n a l d i s p o s i t i o n upon h i s d e c i s i o n * In the l a t e r years of h i s r e i g n Americans encroached upon h i s domain, but they could not help both a commercial and p o l i t i c a l dependence upon the Emperor of the West. McLoughlin (1) Caughey, Op. c l t . , p.214. 1 9 . ruled and governed Oregon wisely and wel l . That there was no war over Oregon between the Americans and the B r i t i s h i s due largely to the magnificent handling of McLoughlin. "It may be said, too, that he gave to America a l l she could have gained by war, and that he saved.to England a l l that could have been saved by war. Mights, t i t l e s , i nterests, possession and settlement, as well seen by the Chief factor, would give the United States Oregon, and England could only save New (2) Caledonia." The governor of the Hudson*s Bay Company at the time of McLoughlin*s appointment was George Simpson, one of the best known governors ever i n the service of that company. He and McLoughlin t r a v e l l e d to Oregon together and then Simpson made a tour of the d i s t r i c t . The importance of the department and the need of i t s eareful organization was thus recognized. Upon t h e i r a r r i v a l i n Oregon, McLoughlin and Simpson set vigourously to work. 'Ji'helr f i r s t step was to move the company headquarters from Fort George (Astoria). A place on the north bank of the Columbia, six miles above the mouth of the Willamette, across the r i v e r from the present Portland, was selected and there they established Fort Vancouver, The new s i t e was advantageous because of i t s adaptability for agriculture, and proximity to the head of tidewater for a safe harbor. The f o r t , being on the north bank of the Columbia, was within the bounds of prudence i n the event that the r i v e r should subsequently become the dividing l i n e between American (2) Horace S. Lyman, History of Oregon, v o l . 1 1 , New York, 1903, p.3 5 8 . 13) 20. and B r i t i s h " t e r r i t o r y . Fort Vancouver quickly became the centre of trade and the depot for the whole country. Agriculture around the post was encouraged and the l i t t l e settlement soon became self-supporting* The selection of Fort Vancouver as the commercial centre of the region being settled, McLoughlin's next concern was to organize the t e r r i t o r y and establish a reeognized authority. The old posts of the North West Company had been taken over before he arrived, but he now proceeded to b u i l d new ones. Me established connection by brigades with New Caledonia, C a l i f o r n i a , and the east. By 1827 when the Joint 14) Occupancy Treaty came up for renewal, the entire fur-bearing d i s t r i c t of the P a c i f i c coast had been organized under the Hudson's Bay Company by Governor Simpson and Dr. McLoughlin. McLoughlin was able, with advice and help from Simpson, and with great business sense, to select naturally important points, to build posts there and bring them in commercial touch with the head post at Vancouver. To do t h i s , the Indians must be kept i n good humor and good understanding. McLoughlin was firm, but kind with the Indians. He fo r b i d them any intoxicants and above a l l he always kept his word with them. "He understood that the Indian's idea of truth and morality was rather consistency than s i n c e r i t y . I f i t found that the white men always r t a l k e d with the same tongue' (•$) It i s usually thought that the B r i t i s h Foreign o f f i c e had a hand i n choosing the s i t e for the new depot. (4) I t was renewed i n 1827 and made without any d e f i n i t e term, but i t could be ended on a year's notice. 21. he was respected; i f he 'talked with a forked tongue* he was (5) distrusted? .With the coming of white s e t t l e r s to the country, the Indians became aroused and began to molest the settlements. But the Hudson*s Bay Company was immune, c h i e f l y because of McLoughlin. There were no Indian wars i n Oregon u n t i l 1847, a year a f t e r McLoughlin had r e t i r e d and when the t e r r i t o r y had passed into American hands. Throughout the long, tr y i n g period of adjustment, McLoughlin and his associates acted with admirable r e s t r a i n t and firmness, yet humanity and j u s t i c e , i n the early days of exploration, fur trading, missionary endeavor and emigration, timely and ungrudging assistance was given to the newcomers, American or B r i t i s h , e s p e c i a l l y at Vancouver, as numerous 16) l e t t e r s and journals can t e s t i f y . McLoughlin was a paradox. His company's p o l i c y was one of discouragement of settlement, but McLoughlin aided the s e t t l e r s whocame, supplying them with grain, c a t t l e , food, clothing, and ut e n s i l s , often on c r e d i t . Also, when some of his employees wished to r e t i r e , he persuaded them to take up homesteads i n the Willamette Valley. McLoughlin was certain of the importance of agriculture to his establishments. The charter of the Hudson"s Bay Company did not provide for a g r i c u l t u r a l a c t i v i t i e s but McLoughlin on a t r i p to London i n I 8 3 8 - I 8 5 9 put forth a plan ( 5 ) H. S; Lyman, Qp.,«\, p.3 7 7 . 16  T* C. E l l i o t j John McLoughlin and his Guests, Washington H i s t o r i c a l Quarterly, v o l . I l l p.6 3 . Mrs* J?'. F. victo r , Flotsam and Jetsam, Oregon H i s t o r i c a l Society quarterly, vol.II, p. 3 6 . Ezra Meeker, Pioneer Reminiscences of puget Sound, Seattle, 1 9 0 5 . 22. that was l a t e r adopted by the-company. This resulted i n the (7) founding of the Puget Sound Agr i c u l t u r a l Company - a subsid-uary company, modelled on, and under the auspices of the Hudson*s Bay Company. The plan c a l l e d f o r the establishment of two farms at Cowlitz and at Ifisqually, both i n what i s now the State o f Washington. Ho person i n the employ of the a g r i c u l t u r a l company could trade i n furs* Unfortunately the enterprise was not destined to be a success f i n a n c i a l l y . It was an experiment and a much too d i f f i c u l t one for a company such as the Hudson 1s Bay Company to f o s t e r . The founding of the Puget Sound A g r i c u l t u r a l Company was nearly coincident with the decline of the fur trade i n the Oregon Country, The era of the fur trader was quickly drawing to a close and new factors began to enter into the h i s t o r y of the P a c i f i e Northwest. Chief among these was the a r r i v a l of the f i r s t missionaries and s e t t l e r s from the United States* The f i r s t missionaries arrived i n the region i n 1 8 5 4 and comprised with a few exceptions the only Americans then i n the t e r r i t o r y , The Willamette valley was chosen as the basis for t h e i r operations* This missionary settlement i s very important i n Oregon history. They founded the pioneer schools i n the t e r r i t o r y and exerted a neeful influence f o r order. More important, t h e i r missions became centres about which the American s e t t l e r s r a l l i e d a few years l a t e r . They developed a self-contained community, independent of the B r i t i s h fur trading authority, and they supplied an object and ( 7 ) Leonard A. Wrinch, The Formation of the Puget*s Sound A g r i c u l t u r a l Company, Washington H i s t o r i c a l Quarterly, Vol.XXIV, p . 3 - 8 . 2 3 * an incentive' for the extension of the power of the United states over the P a c i f i c Northwest. Prior to the a r r i v a l of these Methodist and Presbyterian missionaries, i t cannot be said that American settlement had even began i n Oregon. A few years aft e r the American missionaries arrived, McLoughlin, on behalf of his French-Canadian subjects, brought out from Canada, two Roman Catholic p r i e s t s , the better known of whom was Father filanehet. They arrived November 24, 1 8 3 8 , and immediately organized their church and began the i r missionary work. In 1841, along with the missionaries, there were only the i s o l a t e d fur traders. None of these were farmers or s e t t l e r s pure and simple. In the next' few years the great migrations to Oregon began and the famed Oregon T r a i l came into existence. In 1841 about thirty-two, i n 1842, one hundred and i n 1845 over one thousand Americans came to Oregon. The Americans i n the Willamette Val l e y before 1 8 4 3 had shown occasional restlessness over th e i r neglect at the hands of the American Government i n Washington D. G. McLoughlin 1s rule was just and considerate but the American temperament was not used to such supervision and " i t seemed hardly consonant with American dignity that no a|encles of government supplemented t h i s B r i t i s h Control." In 1 8 3 8 a p e t i t i o n was presented to Congress, carried by Jason Lee, one of the most prominent American missionaries. The p e t i t i o n spoke of the beauty,, unsurpassed resources and f e r t i l i t y of (8) Gaughey, Op.eit., p.241. 24, the Willamette Valley and asked that the protection of the (9) united States Government be extended over the s e t t l e r s therein. The B r i t i s h Government had e a r l i e r extended the laws of Upper Canada over the B r i t i s h subjects i n t h i s region and had granted j u r i s d i c t i o n to the Hudson's Bay Company over i t s employees but nothing was done by Congress to supplement these laws of the semi-feudal system of the Hudson's Bay Company. It was l e f t to the s e t t l e r s themselves to begin the f i r s t organized government i n the P a c i f i c Northwest, The- e a r l i e s t attempts to form a government for the Willamette colony ivere made in 1841* In that year Ewing Young, the wealthiest, independent s e t t l e r i n the settlement, died without leaving a w i l l . It was the problem of administering his estate that set i n motion the movement for a provisional government. On Feb. 7» 1841, there had been a meeting at the mission house at Ghampoeg "for the purpose of consulting upon the steps necessary to be taken for the formation of laws and (10) the el e c t i o n of o f f i c e r s to execute them." L i t t l e was done (9) ttWe f l a t t e r ourselves", say the 36 signers of the memorial, that we are the germ of a great state. The country must populate* The Congress of the United Statesmust say by whom. The natural resources of the country, with a well-judged code, w i l l i n v i t e a good community* But a good community w i l l hardly emigrate to a country that promises no protection to l i f e or property." This with other portions of the p e t i t i o n are quoted i n Joseph Schafer, History of the P a c i f i c Northwest, New York, 1915, P«135» (10) P e t i t i o n of 1841 quoted i n part by S t e l l a 1. Pearce, Suffrage i n the P a c i f i c Northwest, Washington H i s t o r i c a l Quarterly, V o l . I l l , p.106. at t h i s informal meeting but Young*s death eight days l a t e r , p recipitated action. On the death of any of th e i r employees, the Hudson's Bay Company had assumed the role of administrator, but Young, being an American, the American s e t t l e r s were determined that some understanding or laws should be adopted to govern the settlement of estates. Accordingly, February 18, 1841, the day af t e r Young*s funeral, a meeting was c a l l e d to s e t t l e t h i s question of organizing a c i v i l government. Several o f f i c e r s were chosen, the most important being Dr, Ira L. Babeoek as * supreme judge with probate powers'. Also chosen were a clerk of courts and recorder, a high s h e r i f f , and three constables; and a committee a was formed to frame/constitution and draft a l e g a l eqde. U n t i l a code of laws could be prepared, Babeook wasinstructed to act according to the laws of the State of New York. W. H, Gray says of t h i s , "I query whether there was a single copy of the laws of that state i n the country for ten years a f t e r the l a s t resolution was passed, I know there was none at the time, and only a single copy of the laws of Iowa two years l a t e r ; hence Ira L, Babcock was law-maker, judge, executive to the s e t t l e -ment just as much as John McLoughlin was to the Hudson*s Bay (11) Company," The convention adjourned to meet again early i n June. The chairman chosen f o r the meeting was Father Blanchet, the Canadian missionary-priest. He was chosen without his knowledge and was never c a l l e d upon to act. The June meeting never took place and the committee chosen to frame laws came to naught, Dr, McLoughlin and Li e u t . Wilkes (J.S.N, leader of (11) ¥. H. Gray, Op* c i t . , p.201. 26* a government'sponsored exploring expedition both advised against the scheme and the chairman, Father Blanchet, was himself opposed to the plan as too premature. Thus came to an end the f i r s t attempt to form a government for Oregon. The Estate of Ewing Xoung had been administered by Judge Babeock i n a manner s a t i s f a c t o r y to a l l and apparently the immediate need of a government had passed. The population i t s e l f was too small to support and sustain a government and not large enough to absolutely require i t . By 1842 the emigrants had begun to swell the populat-ion. In that year, Dr. E l i j a h White was appointed United States Sub-Indian Agent* The next year, 1843, there came the Great Migration, materially increasing the strength of the Americans i n Oregon. Public meetings seemed to be the recourse for the s e t t l e r s at this time, for when the i r livestock began to suffer from attacks of wild animals, several so-called 'Wolf Meetings' were held to t r y and f i n d a solution to t h e i r problem. The need for concerted action against the attacks was the excuse f o r the gathering; once they had foregathered, i t was natural that they should resume discussion of the necessity f o r an organized government. At the f i r s t 'Wolf Meeting' held February 2, 18J4, a committee was appointed to look into the matter and to report to a general meeting to be held March 21st, When t h i s meeting was held, the committee presented resolutions providing for t h e c o l l e c t i o n of money from the s e t t l e r s for the purpose of paying bounties on the k i l l i n g of wolves, lynxes, bears and panthers* The most important and most in t e r e s t i n g resolution was offered by •W. H. Gray." 'He f e l t sure "that no one would question for a moment that t h i s was r i g h t . This was a just and natural protection for our property. How i s i t , fellow c i t i z e n s , with you and me and our children and wives ? Have we any organization upon which we can r e l y for mutual protection ? Is there any power or influence i n the eountry s u f f i c i e n t to protect us ? Who i n our midst i s authorized at this moment to c a l l us together to protect our own, and the l i v e s of our families ? — Common sense, prudence, and justice to ourselves demand that we act co n s i s t e n t w i t h the p r i n c i p l e s we have commenced. We have mutually and unitedly agreed to defend and protect our c a t t l e and domestic animals; now, fellow c i t i z e n s , I submit and move the adoption of the two following resolutions, that we may have protection for our persons and l i v e s , as well as our ca t t l e and herds:-Resolved,- that a committee be appointed to take into consideration the propriety of taking measures for the c i v i l and m i l i t a r y protection of this colony. Resolved,- that said committee consist of twelve (12) persons". . (12) W. H-. Gray* Op;clt», p.266 & 2 6 7 . 2 8 . Thus was f u l l y launched the f i r s t r e a l government of Oregon. Only two monthselapsed before t h i s committee made i t s report at Ghampoeg, May 2 , I 8 4 3 . Many stories have been ( 1 3 ) t o l d of t h i s momentous meeting, but the fact remains that the motion -for the formation of a Provisional Government was carried, and o f f i c e r s chosen. These included a supreme judge with probate powers, a clerk of the court", sheriff", treasurer, three magistrates, four constables, a major, and three captains and a l e g i s l a t i v e committee of nine, who were to draw up a code of laws and to report at the next meeting July 5 t h * This committee began i t s work i n earnest and when i t s deliberations were concluded and adopted at the meeting of July 5 t h , 1 8 4 3 , Oregon had a *de fa c t o 1 government which with some changes, continued u n t i l the formation of a T e r r i t o r i a l Government i n 1849* , ( 1 3 ) Carey, Op.eit., p.379; gray, Op.cit., p . 2 8 0 ; E. S. Meany, History of the State of Washington, New York, 1909,p.142. One version i s that the French Canadians had been trained to say NO to any American proposals. when the question was thus defeated, the Yankees twisted the question into the negative form. The Canadians s t i l l voting No,' confusion resulted. On a called for d i v i s i o n , the motion was f i n a l l y carried fifty-two to f i f t y . Another version i s that the question was f i r s t defeated, then a d i v i s i o n was c a l l e d for and a French Canadian, named Matthieu, who had some republican training i n Canada during the Rebellion of 1 8 3 7 , went over to the American side and took with him his friend, Lucier. The f i r s t version i s the one. generally accepted. Russel-B* Thomas"; Truth and F i c t i o n of the Ghampoeg Meeting, -Oregon H i s t o r i c a l Quarterly, vol.XXX, p. 218 -2 3 7 * He examines the t r a d i t i o n a l accounts and casts doubt on the long accepted story of the fifty-two to f i f t y vote. The* Oregon Provisional Government was not a government i n the true sense of the word, i t was a l o e a l organization for the benefit of those consenting. It had no true sovereignty. This f i r s t written" constitution for uregon was based on the United States Ordinance of 1 7 8 7 and the statutes of the T e r r i t o r y of Iowa. The preamble read, "We the people of Oregon Te r r i t o r y , for the purposes of mutual protection, and to secure peace and prosperity among ourselves, agree to adopt the following laws u n t i l such time as the (14) United States "of America extend t h e i r j u r i s d i c t i o n over us." This i s an i l l u s t r a t i o n of the American method of * compact' government or government by agreement. The Willamette s e t t l e r s were following i n the footsteps of the Pilg r i m Fathers and the early colonists of Connecticut, Vermont and Kentucky. The s e t t l e r s a l l joined f r e e l y i n debate upon every issue and a l l the meetings were openly conducted and generally discussed by the people. The government adopted July 184J was probably the best that could be expected from untutored minds and without many precedents. It was dominated by the Mission party and included many odd features. There was no way to ra i s e money, so a voluntary subscription was taken to defray the immediate and necessary expenses. There was to be i n place of a governor, an executive committee of three. The land law permitted-each mission to olaim an entire township i n addition to the private claims of i t s i n d i v i d u a l members. The rest of the constitution (14) 0. L, Grover, Oregon Archives; quoted i n Meany, History of Washington, p.145. was based on .the Ordinance of 1 7 8 7 . Guaranteeing "freedom of worship, t r i a l by jury, habeas corpus, and the sanctity of private contracts," i t declared that " r e l i g i o n , morality, and knowledge, being necessary to good government and the happiness of mankind, schools and the means of education s h a l l be forever encouraged". Slavery was prohibited. "Every male descendant of a white man", inhabitant of the t e r r i t o r y at the time of i t s organization was declared elegible to vote, and subsequent immigrants were allowed six months residence ( 1 5 ) before c i t i z e n s h i p was granted. It was a government set up boldly by a few bold Americans and lacked the support of h a l f the whites i n Oregon. The Hudson's Bay Company could not regard i t with favor and i f aroused could thwart i t s operation, McLoughlin was not, o r i g i n a l l y , i n favor of t h i s Provisional Government. It was openly and avowedly advocated i n the preamble as being i n favor of the United States and against Great B r i t a i n . It i s not d i f f i c u l t to understand why one who ruled wisely and well for so long a period would be dubious about surrendering his power to so a l i e n a government* However, with the coming of the Emigration of 1 8 4 3 Provisional Government was p r a c t i c a l l y reorganized. During the year after t h e i r a r r i v a l the immigrants s e t t l e d down and by 1 8 4 5 they were ready to take a prominent part i n p o l i t i c s . The new s e t t l e r s ended the B r i t i s h American balance i n the Columbia Valley and established an American preponderance. They saw the errors i n the Provisional Government and that i t U 5 ) The f u l l text i s published i n the T e r r i t o r i a l papers of the United States, V o l . 1 1 , edited by Clarence Edwin Carter. lacked much* of being an e f f e c t i v e instrument, i n the l e g i s l a t i v e meetings of 1844 and 1845 the o r i g i n a l document was changed completely. The revised draft of the constitution was plaGed before the people along with the basic laws of 184J and they were asked to choose between them. The revision was overwhelmingly approved. This constitution was known as the Organic Law. In i t s formation and the election that followed, English and Canadians, as well as Americans, took a prominent part. This i s shown i n the new oath administered o f f i c i a l s ; "I do solemnly swear that I w i l l support the Organic Laws of the Provisional Government of Oregon, so f a r as the said Organic Laws are consistent with my duties as a c i t i z e n of the United (16) States, or a subject of Great B r i t a i n . " The system was changed completely, providing a governor to replace the executive committee. The L e g i s l a t i v e Committee was replaced by a House of Representatives to consist of not less than thirteen and not more than sixty-one members. A new land law was incorporated permitting none but actual s e t t l e r s to hold claims and a new plan of taxation was adopted. Payment of taxes was optional but every s e t t l e r ' s property was assessed on a regular basis, and i n case anyone refused to pay his taxes, he was to lose ..the right to vote and a l l the other benefits of government. He became v i r t u a l l y an outlaw. The house was given f u l l powers to set up counties, to create a ourrenoy, to enact lav/s, to c o l l e c t taxes, to form a m i l i t i a , (16) 0. L. ..Grover, Oregon Archives, p.71 quoted i n Meany . Op.Cit., p.145. and to declare war. The jud i c i a r y was invested i n a supreme court and such other courts as might be established by statute. The p r i n c i p l e s of I n i t i a t i v e and Referendum were apparent i n many phases of t h i s new constitution; e s p e c i a l l y i n the policy of r e j e c t i o n or acceptance of the constitution by the people as a whole. Now that the d i f f i c u l t i e s i n government had been ironed out, the re l a t i o n s with the Hudson's Bay Company had to be cleared up. For a time the Columbia River was the informal boundary between the two. McLoughlin pursued a p o l i c y of directing s e t t l e r s to the Willamette v a l l e y i n the south and leaving the north for the fur trade. But by 1844 some s e t t l e r s had crossed the Columbia and the Provisional Government was anxious to include t h i s t e r r i t o r y under i t s contro l . McLoughlin 1s opposition was weakening. He had seen the Canadian and B r i t i s h s e t t l e r s join with the Americans i n t h i s endeavor and had even seen one of his Chief Traders, Francis Ermatinger, elected to an o f f i c e i n the Provisional Government. Qn overtures from the government, McLoughlin U 7 ) f i n a l l y took the oath. Thus the monopoly that had governed ( 1 7 ) In explanation he wrote, "We have yielded to the wishes of the respectable part of the people i n the country, of B r i t i s h and American o r i g i n , by meeting with them i n the formation of a temporary provisional government, designed to prevent disorders and maintain peace, u n t i l the s e t t l e -ment of the boundary question leaves that duty to the parent States. A c r i s i s was evidently approaching which would drive us to the painfu l necessity of yieldin g to the storm or of taking the f i e l d openly, arms i n hand, with means so unequal compared with those arrayed against us, as to leave us no hope of success... we decided on joining the association both for the security of the Company's property and the protection of i t s r i g h t s . " From two l e t t e r s of Dr. McLoughlin's quoted i n K. G. Mont-gomery, The White Headed Eagle N. Y., 1?35, p . 3 0 7 . and dominated; the Northwest for over a quarter of a century-sunk to a subordinate position (at least south of the 49th p a r a l l e l ) . Paternalism had given way to a government, republican i n substance, based on majority r u l e . The p o l i t i c a l problem i n Oregon was now settled, though the entire s i t u a t i o n was charged with uncertainties because of the impermanence of the joint occupation arrange-ment. This government, based on compact, established by free s e t t l e r s , was only to be temporary. The s e t t l e r s supposed i t was to l a s t only a few months, believing the United States was about to take control of the country, but the Provisional Government lasted t i l l 1849, three years aft e r the termination of Joint Occupation. In the meantime there was no reasonable cause f o r complaint against the government set up and main-tained by these sturdy pioneers. After the reforms of 1845 the government took on a new dignity. It had the confidence and respect of a l l elasses. It i s a wonder, considering the d i v e r s i t y of sentiment i n the community, with i t s allegiance to two distant nations, that this makeshift government was a success. However, the support of Dr. McLoughlin and his assistant, James Douglas, was no doubt a great factor* ssith a government f i r m l y established, the American s e t t l e r s began to press for an early settlement of the western boundary and the termination of' Joint occupation. The destiny of Oregon had attracted the American people i n the east and e s p e c i a l l y James Polk, candidate for president. With him arose the cry of ,5^ o40 , or f i g h t * . Professor Meany has called t h i s ery^mere Yankee bluste/because x54°40» was the boundary of Alaska and- the United States had no r e a l right to this t e r r i t o r y . England- had repeatedly offered the channel of the Columbia River as a boundary, and had met with an emphatic r e f u s a l . America had repeatedly offered the forty-ninth p a r a l l e l , and had met refusals from England. This confined the bone of contention, i n a large measure, to the land l y i n g between the Columbia and the forty-ninth p a r a l l e l . England, although a c t u a l l y occupying t h i s land i n dispute, surrendered i t to the Americans. The United States gained p r a c t i c a l l y a l l , except the southern point of Vancouver Island; and this had been i n possession of the B r i t i s h . The settlement of the boundary as the forty-ninth p a r a l l e l was a great diplomatic v i c t o r y for the young, aspiring United States. It i s a record of B r i t i s h bungling and American astuteness* "Long before a c i t i z e n of the United States had crossed the Missouri, Canadian explorers had reached the Rocky Mountains and penetrated t h e i r vastness to the P a c i f i c , and B r i t i s h and Canadian fur traders had grown old i n t h e i r f o r t s across the continent before Lewis and Clark, the pioneers of American exploration, had passed the Missouri. Discovered by a B r i t i s h s a i l o r , explored by B r i t i s h subjects, i t might well have been supposed that the great region along the P a c i f i c slope, known I (18) as Oregon, belonged undisputably to Englanci." Yet Great B r i t a i n accepted the concession of the forty-ninth p a r a l l e l without any too great a struggle. "Taking into consideration the, indefiniteness and weakness of claims to new t e r r i t o r y (18) Ezra Meeker, Pioneer Reminiscences of Paget Sound, , Seattle, 1909, p.468. on the oasis of discovery and exploration, i n contrast to occupation and settlement, instead of raising the question as to reasons why America did not secure the whole of Oregon to 54°40», i t appears to be more appropiate t o r a i s e the question as to why England l o s t the t e r r i t o r y bet-ween the Columbia River and the forty-ninth p a r a l l e l after she had both occupied (19) ^° and, apparently, possessed i t > " (19) Melvin G.: Jacobs, Winning Oregon, Caldwell, Idaho, 1 9 3 8 , . p>242. (20) The Hudson's Bay Company must take t h e i r share of the blame . f o r the loss of the Oregon Country. They gave up the t e r r i t o r y Yvhen they decided to move to Vancorrver Island thus taking with them the B r i t i s h claim by right of prior settlement. F. Merk, The Oregon Pioneers and the Boundary American H i s t o r i c a l Review, July 1924, pps 681-699. CHAPTER IV. HISTORY OF THE TERRITORY OF WASHINGTON In 1846 the forty-ninth p a r a l l e l was continued to the P a c i f i c coast as the boundary between the American and B r i t i s h possessions; Old Oregon passed out of existence and the name, Oregon, becomes American, applying o n l y to that region below the forty-ninth p a r a l l e l . Above the boundary, the country i s c a l l e d New Caledonia, soon to become B r i t i s h Columbia. Soon, too, Oregon i s to be li m i t e d s t i l l further to the d i s t r i c t south of the Columbia River, and the name Washington comes into existence, designating that t e r r i t o r y between the Columbia and the forty-ninth p a r a l l e l . The his t o r y of Washington is a part of, and es s e n t i a l l y the same as, the hi s t o r y of Oregon during i t s e a r l i e r years. Washington passes through the same forms of government before i t f i n a l l y attains statehood. There was f i r s t the government of Dr. John McLoughlin and the Hudson's Bay Company; then came the f i r s t form of self-government -the Provisional Government. This government carried on for three years aft e r the boundary was se t t l e d , u n t i l Congress granted Oregon a T e r r i t o r i a l Government i n 1 8 4 9 . Washington was then included within the boundaries of Oregon T e r r i t o r y and known as Vanoouver D i s t r i c t * Later this d i s t r i c t was divided into two counties, named Lewis County and Vancouver County. In 1 8 5 3 , when Washington T e r r i t o r y was created out of Oregon T e r r i t o r y , these two counties were included within i t s boundaries, which ran along the Columbia River to i t s intersection of the f o r t y - s i x t h p a r a l l e l , then due east 3 7 . to the summit of the Hookies and i n the north the forty-ninth p a r a l l e l . The discovery of gold i n C a l i f o r n i a cost Oregon the leadership of the American West* U n t i l 1848 inte r e s t , popula-ti o n and prosperity were centered i n the Columbia Valley; 1he3B-after the balance s h i f t e d south. In manpower the loss was an actual one, for over one hal f of the Oregon men went to the diggings. But i n the long run the Northwest gained more than i t l o s t . C a l i f o r n i a furnished an excellent market for many Northwest products. Provisions were i n demand and vessels p l i e d back and f o r t h carrying Oregon f l o u r , meat, l a r d , butter, and f r u i t s to the C a l i f o r n i a n miners. Fabulous prices returned unprecedented p r o f i t s to the farmers of Oregon. Lumber too, was needed and s e t t l e r s began to penetrate north to establish m i l l s along Puget Sound. Even before the settlement of the boundary dispute, s e t t l e r s had penetrated north of the Columbia, One, M. T. Simmons, had journeyed to Puget Sound i n 1844 and had returned there the next year with more s e t t l e r s and established the town of Tumwater on Puget Sound. Through these i n i t i a l (1) pioneers f other s e t t l e r s were tempted to enter^the region. Tl) It £j^cj ?aimed that Dr. McLouglin endeavored to stop Simmons'^&^fft" from coming to Puget Sound. This may be true, for the Company had large holdings there themselves, but once the Americans had decided to eome, the Company gave them aid i n many ways* This advance guard would have gone hungry and poorly clothed i f i t were not for the aid given by Fort Nisqually. See l e t t e r s from Peter Skene Odgen and James Douglas to Dr, Tolmle at Fort Nisqually, quoted i n Ezra Meeker, op.Git.,p.542, In one they say, "Mr. Simmons, having applied to us for a supply of f l o u r , ydti w i l l please order about t h i r t y barrels from Fort V i c t o r i a for the purpose of supplying that demand, & you may take shingles at the usual price, i n payment, always taking care not to allow him nor any of his people to get involved i n debt..." In a few years the population was large enough to warrent the creation of new counties with representation in the l e g i s l a t u r e . At the time of the reorganization of the Provisional Government i n 1845, the t e r r i t o r y north of the Columbia River was formed into Vancouver D i s t r i c t . This soon became unwieldy and Lewis County and Vancouver County were formed from the one d i s t r i c t , with the dividing l i n e , the Cowlitz River. To control the f i r s t d i s t r i c t , James Douglas, McLoughlin's assistant, James Forrest, o f f i c e r in charge of the Puget Sound A g r i c u l t u r a l Company at Cowlitz, and M. T. Simmons were named the f i r s t three commissioners or county judges. When Lewis County was organized in the winter of 1 8 4 5 , Dr. Tolmie, Chief Trader at Nisqually, was elected representative. Thus the Hudson's Bay Company o f f i c e r s were s t i l l i n a large measure i n control of the a f f a i r s of the young community. Commercial advantages and the lack of good land to the south of the Columbia sent s e t t l e r a f t e r s e t t l e r northward. The population was slow in growing, but i t had readied One Thousand One Hundred and Eleven i n I 8 5 O and Three Thousand ( 2 ) Nine Hundred and S i x t y - f i v e i n 1 8 5 3 * These pioneers on Puget Sound were a hardy, courageous band with an independent s p i r i t of t h e i r own. They f e l t themselves cut o f f and completely separated from those of the Willamette colony. The -distance to the c a p i t o l at Oregon City was great and the road to i t not easy. The l e g i s l a t i v e representation allowed the northern counties was small and very often the few members neglected to attend the s i t t i n g s . The growing discontent was \'d) Joseph acharer, A History or the P a c i r i c iMortnwest, ± y i 8 edition, New York 1 9 l 8 , p , 2 0 9 . c r y s t a l l i z e d by the lack of regular trade and intercourse between the two settlements* Puget Sound dealt d i r e c t l y with San Francisco and C a l i f o r n i a and had l i t t l e commercial connection with the Willamette Valley. Since the situation rendered them independent of the Columbia River settlement commercially; they soon came to believe that t h e i r d i s t r i c t should also have a separate government* Agitation soon began i n favor of a separate t e r r i t o r i a l organization. The f i r s t d e f i n i t e note was struck in 1 8 5 1 , when John B* Chapman, a Fourth of July orator at Glympia, alluded, i n a f l i g h t of p a t r i o t i c fancy, to the (3) 'future State of Columbia'1'". This speech must have affected his hearers for a convention was call e d for August 2 9 , I 8 5 I , at Cowlitz "to take into careful consideration the present peculiar p osition of the northern portion of the T e r r i t o r y , i t s wants, the best method supplying these wants, and the propriety of an early appeal to Congress for a d i v i s i o n of the (4) T e r r i t o r y . " This convention was a l i t t l e too extreme, for i t c a l l e d for a convention, subsequently never held, to draw a constitution to admit the t e r r i t o r y as a state* They also demanded the creation of four new counties i n North Oregon. The action of the Oregon Legislature i n the winter of 1 8 5 I - 5 2 i n providing for only, one, of these desired counties aroused (3) E. S. Meany, History of Washington, p.135 (4) T. W. Prosch, The P o l i t i c a l Beginnings of Washington Te r r i t o r y , Oregon H i s t o r i c a l Society Quarterly, Vol,?!, p.151. (5) 40. the s e t t l e r s s t i l l more. A memorial with copies of the proceedings of the convention as reported i n the Oregon Spectator September 2J, 1851 and i n the Oregonian September 20,. 1 8 5 I , were forwarded to General Lane, Oregon Territory-delegate at Washington. The movement was renewed with vigor and on July 4, I 8 5 2 , Daniel R. Bigelow gave another fervent p a t r i o t i c address. This time the movement was ably supported and urged on by the f i r s t newspaper established north of the Columbia River, the ^Columbian', issued at Glympia September 11 , I 8 5 2 . This newspaper reported Bigelow's address i n f u l l and printed repeated e d i t o r i a l s urging that North Oregon be 'divorced' from the Willamette Valley and that a convention be c a l l e d to take steps towards getting the 'divorce'. Their agitation was f u l f i l l e d i n the n-ext convention c a l l e d f o r November 2 5 , 18>>2 at Montioello. This convention was larger and more representative than the one at Gowlitz. They adopted a memorial which read i n part; "The memorial of the undersigned, delegates of the c i t i z e n s of Northern Oregon, i n convention assembled, r e s p e c t f u l l y .- .present to your (5) "They beg leave to further state that the inhabitants North of the Columbia River receive no benefit or convenience whatever from the T e r r i t o r i a l Government of Oregon as now administered. They maintain p o s i t i v e l y that i t costs more for a c i t i z e n i n the North of Oregon T e r r i t o r y to t r a v e l to a clerk o f f i c e or to reach a District Judge than i t does f o r a man to t r a v e l from St. Lewis, Missouri to Boston, Mass. and back and much longer." Quoted i n Edmond S. Meany, The Gowlitz Convention; Inception of Washington T e r r i t o r y , Washington H i s t o r i c a l Quarterly, Vol.XIII, p.6, . , 41. honorable bodies that i t i s the earnest desire of your pet i t i o n e r s , and of said c i t i z e n s , that a l l that portion of Oregon T e r r i t o r y l y i n g north of the Columbia River and west of the great northern branch thereof, should be organized as a separate t e r r i t o r y under the name and style of the Te r r i t o r y (6) of Columbia.'1 They then gave nine reasons, c h i e f l y the economic ones already stated, and signed their names, forty-four i n a l l . The proceedings were published i n the 'Columbian* December 4-*ll, l8j>2 and were sent to General Lane i n Washington; but Lane had already acted, for on December 6, I 8 5 2 he had introduced a resolution in Congress asking for a di v i s i o n of the T e r r i t o r y of Oregon. The Monticello Memorial, along with a p e t i t i o n from the Oregon Legislature c a l l i n g for the d i v i s i o n of the T e r r i t o r y reached Washington D.C. before the B i l l came up for consideration February 8 , 1853* The B i l l providing for the new T e r r i t o r y and i t s (7) government passed the Senate March 2,. I 8 5 3 . There were a few changes made - the name was changed from Columbia to Washington and the T e r r i t o r y was made much larger than the se t t l e r s had requested* The new boundaries were to include a l l the region north of the Columbia River to i t s intersection with the f o r t y - s i x t h p a r a l l e l north l a t i t u d e and north of that p a r a l l e l to the summit of the Rocky Mountains, This placed the greater portion of what i s now Idaho and Montana i n the new Terr i t o r y * (6) Quoted i n Meany, Op.Cit., p . 1 5 6 . (7) Congressional Globe 2nd Session, 32nd Congress, p.341-542. This law of March 2 , I 8 5 3 was known as the Organic Law. For t h i r t y - s i x years i t , with amendments added from time to time, served as the Territory's constitution. Congress appointed Isaac Ingalls Stevens as Governor and Superintendent of Indian A f f a i r s of the T e r r i t o r y of Washington. He was i n charge of the United States Coast Survey Office at Washington D.C. i n March 1853 and accepted command of a survey party to map a northern r a i l r o a d route from the M i s s i s s i p p i to tidewater on Puget Sound on his way to his new p o s i t i o n . He proved the p r a c t i c a b i l i t y of t h i s route and arrived at Olympia November 2 5 , 1 8 5 3 . Two other o f f i c i a l s had been appointed to assist him. These were Charles H. Mason as secretary and J. Patton Anderson as United States Marshall, Soon afte r his a r r i v a l , Governor Stevens issued a proclamation c a l l i n g on the people of the new T e r r i t o r y of (8) Washington to begin t h e i r own government. In t h i s proclamation Governor Stevens outlined the government for the T e r r i t o r y . He c a l l e d for the election, by every white male inhabitant, c i t i z e n of the United States, of twenty-one years of age, of »a delegate to the House of Representatives of the United States to serve for the term of two years, who s h a l l be a c i t i z e n of the United States' and f o r the election of a Council to consist of nine members and a House of Represent-atives to consist of eighteen members. The Proclamation also stated 'that u n t i l otherwise provided by law, the Governor of (8) This document i s published i n the Washington H i s t o r i c a l Quarterly, Vol.XXI, p. 138-141. said T e r r i t o r y may define the j u d i c i a l d i s t r i c t s of said Territory* and assign the judges who may be appointed for said T e r r i t o r y to the several d i s t r i c t s . 1 Three judges were appointed to three d i s t r i c t s , the f i r s t Chief Justice being Edward Lander. The election was c a l l e d for January 3 0 , 1854 and the f i r s t Assembly to meet February 27 , 1854 at olympia. P o l i t i c a l parties were soon organized i n the T e r r i t o r y and i n the election the contest was between the Democrats and the Whigs. Columbia Lancester, a Democrat was elected Delegate to Congress. The Legislature assembled on the appointed day and Governor Stevens delivered his f i r s t 19) message* It was an enthusiastic and informative document and the l e g i s l a t u r e responded to the vigorous lead of the Governor* They drew up a code of laws, made provisions for education and roads, and sent memorials to Congress asking for a number of things, including a grant of money i n order to make tr e a t i e s with the Indians, a desire to extinguish the claims of the Hudson's Bay and Puget Sound A g r i c u l t u r a l Companies, and the s e t t l i n g of the San Juan boundary l i n e . Two attempts at law making that f a i l e d were woman suffrage, 110) by one vote, and p r o h i b i t i o n by a large majority. The laws of the T e r r i t o r y of Oregon were adopted as far as praticable. Several new counties were created and commissioners and o f f i c e r s appointed to supervise them. (9) Council Journal, Washington T e r r i t o r y , 1854, p . l O f f . (10) It i s known that at least one of the men who voted i n the negative had an Indian woman for a wife. That may help to explain the defeat of the measure. Meany, History of Washington, p . 1 6 3 . Congress granted most of the T e r r i t o r i a l L e g i s l a t u r e ^ requested* Stevens, before the election, had made a tour of the -Hudson's Bay Company properties i n the T e r r i t o r y i n order to estimate t h e i r value. He had inspected G o l v i l l e , Walla Walls, Vancouver, Cowlitz Farm and Nisquallyj ending his tour with a v i s i t to Governor Douglas of Vancouver Island at V i c t o r i a . Stevens valued a l l possessory rights at (11) $300,000; the Hudson's Bay Company claimed $5,000,000. Stevens took t h i s matter along with the other t e r r i t o r i a l requested to Washington B.C. The t r i p was a success; the Hudson's Bay Company claims were l a t e r s e t t l e d for the sum of $650,000. Governor Stevens returned i n the autumn of 1854 and immediately set out on his f i r s t treaty-making expedition, the procedure of which Congress had approved. Washington Te r r i t o r y , at t h i s time, was surrounded by, and at the mercy of, numerous warlike Indian t r i b e s * Stevens attempted to make tr e a t i e s with these Indians to secure the peace. Between December 2 6 , 1 8 5 4 , when the f i r s t treaty was signed, and (12) January 1 8 5 6 , Governor Stevens concluded nine t r e a t i e s . (11) Meany, History of Washington, p.162, (12) Total number of Indians i n Washington T e r r i t o r y . . 2 1 , 7 1 2 Treaties made with 17 ,497 Treaties remain to be made with 4,215 Hazard Stevens, The L i f e of Isaac Ingalls Stevens, Vol. II, N.Y . , 1 9 0 0 , p.5 0 4 . These t r e a t i e s are given i n d e t a i l i n Charles J. Kappler ed., Indian A f f a i r s ; Laws and Treaties (Wash,l?04) I I , 7 2 2 - 7 2 5 , Senate Document 5 8 t h Congress 2nd Session No. 319 Series 4624* Each treaty was modelled along the same l i n e s . The lands of the t r i b e were ceded to the United States and a reservation provided instead* The United States Government was to pay a f i x e d price f o r the lands and furnish schools, hospital and a m i l l . The head chief of the t r i b e was to receive a salary and the r i g h t of the Indians to hunt and f i s h at t h e i r usual places was to be protected. On t h e i r part the Indians were to keep the peace, free their slaves, and exclude liquor from the reservations* A careful examination of these tr e a t i e s w i l l disclose (14) glaring defects, and i t i s no wonder the Indians were not appeased. They saw white men coming i n to take t h e i r lands; gold was discovered i n the C o l v i l l e country and the Indians t r i e d to make one more stand against c i v i l i z a t i o n and the white man. The Indian Wars that followed lasted intermittently u n t i l 1859* They were marked by many unpleasant incidents; Martial law, the daring attack on the l i t t l e v i l l a g e of Seattle, i n the spring of 1 8 5 6 , the slaughter of emigrants on Malheur River, and massacres at Cascades. The United (13) A sample procedure of how this was done i s given i n T . C. E l l i o t , Council at Walla Walla, Washington H i s t o r i c a l Quarterly, Vol.1,2 5 2 - 5 5 , and Albert J . P a r t o l l , ed., The Flathead Indian Treaty Council of I 8 5 5 * Washington H i s t o r i c a l Quarterly, Vol.XXIX, p.2 8 3 - 3 1 5 . (14) Dealt with i n Chapter VIII. (15) For a good account of these Wars see Meany, History of Washington, Chapter 1 9 , The Blockhouse Era, Chapter 2 0 , Crushing the Indian Revolt* 46. States maintained troops at various places throughout the Northwest and i n some cases rendered effective service; but the burden of protecting and defending their homes f e l l mainly upon the people themselves. The s e t t l e r s formed volunteer companies and performed g a l l a n t l y . The vigilance of the s e t t l e r s and the increasing numbers of troops, some from neighboring Oregon Te r r i t o r y , soon t i r e d the Indians of the unequal struggle, and the wars were f i n a l l y brought to a close* The Indians were now forced to accept the treaties which were r a t i f i e d by Congress i n 1 8 5 9 . Stevens conduct i n proclaiming martial law on the sl i g h t pretex of getting r i d of suspected squaw-men and his part i n making the Indian t r e a t i e s were strongly censured by (16) the T e r r i t o r i a l Assembly, There were abundant defects i n the t r e a t i e s which undoubtedly contributed to the war, yet i t was inevitable that there would be a clash when c i v i l i z -ation encroached on the Indians and their r i g h t s . Stevens was conscientious and t r i e d to do what he thought best for Washington Te r r i t o r y * He was stubborn and l i k e d to have' his own way, but he had the courage of his convictions and started the T e r r i t o r y on the right road. His popularity Aas a governor waning, his friends nominated him for delegate to Congress i n I 8 5 7 . He was successfully elected and re-elected two years l a t e r . In Washington D.C. he carried on his work for the T e r r i t o r y and secured money for roads, public (16) Laws of the T e r r i t o r y of Washington, 1 8 5 6 - 5 7 , p.8 5 - 8 6 . Joint resolutions were passed, 17 to 1 0 , censuring the governor for his martial law proclamations, including the words, " C a l l s at pur hands for the strongest condemnation*" buildings, and coast defences. His best work for the T e r r i t o r y was his survey of the northern railway route, his f a i t h i n which was proved a few years l a t e r . In 1858 gold was discovered along the Fraser River and great numbers of men began to invade t h i s B r i t i s h t e r r i t o r y Washington did not reap the benefits of t h i s great i n f l u x t i l l a fter the rush was over. Then the disappointed miners began to return to the United States and s e t t l e i n the T e r r i t o r y of Washington. This gold rush also opened up new roads, p r i n c i p a l l y the Whatcom T r a i l , between B r i t i s h Columbia and Washington and f a c i l i t a t e d easier and closer contact between parts of the two commonwealths. The gold rush f a i l e d to b u i l d up trade and c i t i e s i n the Puget Sound region because of the s t r i c t regulations of James Douglas, then Governor of Vancouver Island and because the power of the Hudson's Bay Company i n the B r i t i s h lands north of the boundary. In 1859 the boundaries of Washington T e r r i t o r y were changed, In that year Oregon was admitted to the Union as a state* In the meanwhile due to the increased mining and increased population i n Eastern Washington and Eastern Oregon there was an agitation there to form a government of their own. However, when Oregon State was created, these lands were incorporated into Washington T e r r i t o r y . The T e r r i t o r y now included a l l of what i s now the State of Idaho besides i t s o r i g i n a l boundaries. The agit a t i o n i n the mining towns of Eastern Washington continued and in 1863 Idaho T e r r i t o r y was organized to include thepresent states of Idaho, Wyoming, and Montana. In this creation, Washington T e r r i t o r y was reduced, . , 48. the Idaho Panhandle was taken away and the T e r r i t o r y (17) assumed the size and boundaries i t has today as a state* In the l a t e f i f t i e s there arose i n C a l i f o r n i a a movement to establish on the P a c i f i c coast a separate republic - a P a c i f i c Republic* This proposed republic was to include a l l the American t e r r i t o r y west of the Rockies\ no mention was made of B r i t i s h Columbia* The idea was mainly i n the minds of the Californians and i t did not take hold i n (18) either Oregon or Washington. The T e r r i t o r y was l o y a l to. i t s parent and ably supported i t i n the C i v i l War with gold, troops and volunteers, although i t s i s o l a t i o n precluded any active p a r t i c i p a t i o n . When the Treaty of 1846 drew the boundary l i n e from the Rockies to the P a c i f i c Ocean, one part was very ambiguous. The words i n the treaty, "the middle of the (19) ' channel which separates the continent from Vancouver's Island, brought the two disputing nations to years of heated wrangling and almost to war. The dispute was known as the San Juan Dispute and c h i e f l y concerned an islan d of that name* Both B r i t i s h and American s e t t l e r s Increased on the island, u n t i l a dispute over a pig belonging to a B r i t i s h e r and k i l l e d by an (17) See map on page 48a. (18) In January 1861 the T e r r i t o r y of Washington l e g i s l a t u r e adopted resolutions repudiating a l l designs f o r a P a c i f i c -Confederacy* Laws of Washington, 8 t h Session 1 8 6 0 - 1 8 6 1 , p.175. On March 14,1861 a mass meeting was c a l l e d at Olympia to oppose the founding of a P a c i f i c Republic. Washington Standard, March 9 , 1 8 6 1 . (19) Quoted i n A* Tunem, San Juan Island Controversy, Washington H i s t o r i c a l Quarterly, Vol. XXIII, p.38* American, led to an international incident. Troops were ca l l e d up by both countries but open h o s t i t i t i e s did not ensue. The matter was f i n a l l y refered to Emperor^William I o& Gormany for a r b i t r a t i o n * The decision was handed down October 21 , 1872 i n favor of the United States. During the years of the San Juan Dispute, Washington T e r r i t o r y passed through the period of childhood and many believed was even approaching maturity. The people and the newspapers began to talk of statehood. In I 8 6 7 - I 8 6 8 the Legislature started the work of agitation for admission as a state. They t r i e d to submit the question of a constitutional convention to the people but the voters were i n d i f f e r e n t . Nearly every succeeding l e g i s l a t u r e submitted the question to the people, but the vote was always negative or at best inadequate. "In 1873 "the vote against the convention was less than a fourth of the t o t a l vote f o r Delegate to Congress and (20) yet was enough to defeat the measure." But i n 1876, due to fear that the Inland Empire might be severed from the Ter r i t o r y , a majority of 4 , 0 0 0 for the convention was secured. The following l e g i s l a t u r e passed an act providing for delegates to be elected and to convene at walla Walla i n June (21) I 8 7 8 . There were to be f i f t e e n delegates, three to be (20) Geo. W. F u l l e r , History of the P a c i f i c Northwest, New York, 1 9 3 1 , p.2 9 4 . (21) John T. Condon ed., Washington 1s F i r s t Constitution, Washington H i s t o r i c a l Quarterly, "Vol.IX, p.129-152, 2 0 8 - 2 2 9 , 2 9 6 - 3 0 7 , and Vol.X. p.5 7 - 6 8 , 110-141. This series of a r t i c l e s contains Washington Constitutional Convention, proceedings June 11 to July 27 , 1878 and the text of the Constitution. elected at large, one from each of three j u d i c i a l d i s t r i c t s , and nine to be chosen from the twenty three counties. A delegate from Northern Idaho attended the convention but had no vote* (22) The constitution they drew up was put before the people and r a t i f i e d at the general election i n November I 8 7 8 . The Ter r i t o r y ' s Delegate at Washington D.C. submitted a b i l l for the admission of the T e r r i t o r y as a state but Congress was ( 2 3 ) not favorable* Washington was to remain in t e r r i t o r i a l tutelage for another decade. Although this constitution never came into force, i t served as an excellent pattern for the one f i n a l l y adopted* It i s an h i s t o r i c a l document that r e f l e c t s better than any other form of l i t e r a t u r e , the p o l i t i c a l , s o c i a l , and economic thought of the pioneer c i t i z e n s of that time* The proposed state would have included a l l the present State of Washington, and i n addition, a l l of Idaho north of the f o r t y - f i f t h p a r a l l e l . Prohibition and woman suffrage were to be adopted or rejected by the people* Watson C* Squires, appointed governor i n 1 8 8 4 , worked undauntedly for the admission of the t e r r i t o r y as a state* He issued yearly reports f u l l y covering a l l p a r t i c u l a r s about the T e r r i t o r y . The Northern P a c i f i c Railroad was completed i n the autumn of I 8 8 3 and the population of the (22) John T, Condon., ed, Washington's F i r s t Constitution, Washington H i s t o r i c a l Quarterly, Vol* Ix, P* 12.9-152, 2 0 8 - 2 2 9 , 296-307. and Vol. X. p*37-68, 110-141. (23) raThis b i l l was c a l l e d the Orange- Jacobs Admission B i l l and i t died i t the House* territory'increased r a p i d l y . In . 1 8 8 1 the population was (24) 75,116 and everyone r e a l i z e d that the hoped for statehood was not f a r o f f . F i n a l l y on February 22, 188?, after repeated attempts, Congress passed an Enabling Act admitting (25) Washington T e r r i t o r y as a state. It required nearly a year to frame a constitution and secure organization of the State under that law. The tifiLe of the Enabling Act was 'An Act to provide for the d i v i s i o n of Dakota into two states, and to enable the people of North Dakota, South Dakota, Montana and Washington to form constitutions and State governments, and to be admitted into the Union on an equal footing with the o r i g i n a l (26) states'. The way was c l e a r l y shown in the Enabling Act by which the T e r r i t o r y was to be granted statehood. The governor, chief justice and secretary of the T e r r i t o r y were to divide i t into d i s t r i c t s from which seventy-five delegates were to be elected to a c o n s t i t u t i o n a l convention under a form of proportional representation* The convention was to meet July 4, I 8 8 9 and a f t e r adoping the constitution of the United States, i t was to proceed to form a state constitution and a state government. The Act stipulated that the constitution must be. (24) Meany, History of Washington, p.275* (25) This b i l l was c a l l e d the 'Omnibus B i l l ' because four states were admitted sb the same time. (Washington, Montana, North Dakota and South Dakota) (26) Congressional Kecord, 50 Congress 2nd Session, p.951 also pages 2095, 2113 and 2195. republican i n form and must make no d i s t i n c t i o n s , c i v i l or 5 2 . p o l i t i c a l , on account of raee or color, with the exception of Indians who were not to be taxed. The state constitution was not to be repugnant to the Constitution of the United States and'the p r i n c i p l e s of the Declaration of Independence* There must be complete tolerance of r e l i g i o n , with public schools kept and maintained free of sectarian control. The unappropriated public lands were to go to the United States while the new state was to assume the debts of the Territory, The State was to have one United States D i s t r i c t Court with the o f f i c e r s of judge, marshal, attorney, and clerk. The constitution was to be drawn up and presented to the people* (2?) I f i t was r a t i f i e d i t was sent to the President who admitted the state by Proclamation, i f a l l the provisions of the law had been f u l f i l l e d . Following the ivay pointed out f o r i t , Washington became a s i s t e r commonwealthin the Union of the States. "There i s nothing bizarre, r a d i c a l or experimental about the constitution of Washington, It i s a substantial and conservative framework of government with more than two (28) centuries of American experience behind i t . " The organization and operation of the new state government of Washington d i f f e r s l i t t l e from similar a c t i v i t i e s i n the other continental t e r r i t o r i e s belonging to the United States; but when the process i s contrasted with the one undergone by the part of old Oregon that became B r i t i s h , the comparison assumes a different aspect* . 127) It was passed by a vote of 40,1^2 to 1 1 ,079* Meany, " History of Washington, p.287, (28) Ibid p.2 8 4 . CHAPTER V. HISTORY UF THE COLONIAL GOVERNMENTS OF BRITISH COLUMBIA The B r i t i s h possessions north of the forty-ninth p a r a l l e l shared i n the same h i s t o r i c a l experiences as the American region below, that boundary* They were controlled under the Joint Occupation Agreement i n the same way as t h e i r American counterparts* TO the 1840*s this of course meant the Hudson's Bay Company* However, i n that decade the American s e t t l e r s penetrated into the Columbia Valley, the Provisional Government was set up and p o l i t i c a l control of the region south of the forty-ninth p a r a l l e l passed from the hands of the Hudson's Bay Company and i t s men. The boundary treaty of 1846 made thi s loss of control absolute. The Hudson's Bay Company was not altogether caught napping. By ant i c i p a t i n g events they saved themselves from experiencing any great inconvenience from the concessions which the B r i t i s h Government had made to the United States. Their control i n the Columbia Valley weakening, and with great sagacity, concluding that the forty-ninth p a r a l l e l would ultimately be the bundary, Simpson and McLoughlin had i n 1842 sent James Douglas to make a preliminary investigation into the f e a s i b i l i t y of establishing a post on the southern end I D -of Vancouver i s l a n d . P r i o r to this on June 2 5 , I835 Governor Simpson had given orders for a survey to f i n d a suitable s i t e f or a p r i n c i p a l post on Vancouver Island and (1) W. N. Sage, S i r James Douglas and B r i t i s h Columbia, Toronto, 1930, p.119. again on A p r i l 2 9 , I 8 3 9 he wrote to the London Headquarters of the Company of the necessity of an establishment on that (2) Island*. Simpson mistrusted the American s e t t l e r s and their missionaries. He was a f r a i d f o r the great quantity of stores at Fort Vancouver, knowing that the Company was not popular with the new s e t t l e r s . McLoughlin was slow to act and i t was not u n t i l March I 8 4 3 that Fort V i c t o r i a was established on the southern extremity of Vancouver Island. The in f l u x of se t t l e r s to the d i s t r i c t south o f the Columbia had already interfered with the fur trade i n that region; and the Company without wasting time i n vain regrets, devoted i t s energy and resources to preserving i n t a c t the vast t e r r i t o r y which s t i l l remained to i t . Now that the bo.undary had been d e f i n i t e l y s e t t l e d the B r i t i s h Government h a d t o deeide what to do with t h e i r portion.* In l8j8 the Hudson's Bay Company had been re-granted an exclusive trade licence for twenty-one years i n a l l the Indian t e r r i t o r i e s , north and west, i n Canada, Almost immediately upon the arrangement of the international boundary the example afforded by events on the Columbia had i t s effect in England. The tide of immigrants pouring into Oregon naturally suggested to the B r i t i s h Government the p o s s i b i l i t y of colonizing Vancouver Island and New Caledonia* The Hudson's Bay Company stood to gain l i t t l e by this suggestion, so i n order to control the colonizing process, the Governor of the Company - S i r John P e l l y , proposed to the House of Commons that (2) F. Merk, Oregon Pioneers and the Boundary, American H i s t o r i c a l Review, July 1 9 2 4 , p.6 8 1 - 6 9 9 . in return "for a grant the Company would undertake the colonization and government of a l l t e r r i t o r i e s belonging to the Crown i n North America* The B r i t i s h Government was not prepared to give such an extensive grant due to the unpopularity of the Company i n England. It was argued by i t s c r i t i c s that the very nature of the Company made colonization (3) and settlement on i t s granted lands impossible. Negotiations were suspended u n t i l 1848. The Company then asked for the grant s o l e l y of Vancouver's Island, After heated debates i n Parliament, the Government, which from the f i r s t had favoured the Company, accepted t h i s proposal and Vancouver's Island was granted to the Hudson's Bay Company January 13, 1849, By the terms of the grant the Company received the island "with the r o y a l t i e s of i t s seas and a l l the mines (3) Dundas to Grey, May 30 , 1848, i n the B.C*Arehives Report, l?13,p*V,49. A lieutenant i n the R.N, who had been on the P a c i f i c coast was asked by Grey to express his opinion. It i s a good example of the strong a r t i c u l a t e opposition to the Hudson's Bay Company, n I have had every opportunity of observing not only how a l l t h e i r arrangements were managed but the s p i r i t which pervaded t h e i r whole system, and which I have no hesitation i n saying would be wholly and t o t a l l y inapplicable to the nursing of a young colony, with the hopes of ever bringing i t to maturity and my opinion only accords with that which I have heard u n i v e r s a l l y expressed by a l l disinterested individuals who have had an opportunity of v i s i t i n g not only these regions, but the i r settlements i n Hudson's Bay and on the Red River* There has always appeared to me an overbearlingly i l l i b e r a l usurpation of power on the part of the Hudson's Bay Company to which every better feeling has invaria b l y been s a c r i f i c e d , and which has rendered their l i n e s of conduct i n many instances most irregular and u n j u s t i f i a b l e , however necessary this System may have been found when dealing with Savages, i t could not but prove repugnant to the feelings of the Colonists ........and the Colony a f t e r dwindling into insignificance would become but another dependence wholly at the mercy of the Hudson*s Bay Company. belonging'to i t " , . subject only to the domination of the B r i t i s h Grown. The company on i t s part undertook to s e t t l e a B r i t i s h colony on the island within f i v e years, to dispose of land required f o r the purpose at reasonable prices and to report to the Imperial Government every two years the number of s e t t l e r s placed on the island and the lands sold, A nominal rent of seven s h i l l i n g s a year was paid by the company to the Government, and i t was agreed that the island should be f o r f e i t e d i f there was no settlement within f i v e years. The company was to bear the costs of a l l c i v i l and m i l i t a r y establishments for the government and protection on the i s l a n d . The B r i t i s h Government reserved the right on the expiration of the Company's exclusive trade lieense i n I 8 5 9 , to buy back the island by payment of whatever sums, in the meantime, should have been expended on colonizing projects. Thus Vancouver Island became the f i r s t B r i t i s h colony on the P a c i f i c coast of North America, To form i t into a colony the B r i t i s h Government proposed to appoint a governor and to make provision for the establishment of l e g i s l a t i v e authority among the s e t t l e r s . The governor appointed would be directed to summon an assembly elected by the general vote of the inhabitants, to exercise i n conjunction with himself and a (5) council, the law-making power* ?/hen the question of the governorship came up the Hudson's Bay Company hoped the posit-ion would be given to James Douglas. He had been i n the Oregon Country at Fort Vancouver since I 8 3 O and for some time_ 14 j Crown Grant of 184?, printed In Howay & s c n o i e f i e i d , " . • . V o l . 1 , Appendix XIII,pages G 7 6 - 8 O . (5) Archives of B r i t i s h Golumbia, Memoir II, Minutes of Van-couver Island, Preface p.6 . (hereafter Memoir II) before 184'j? on an equality-with McLoughlin as a member of the Board of Management of the Western Department. However, due to the opposition to the Company i n Parliament, a non-company man, Richard Blanshard, who had held several positions under the Colonial Office, was appointed f i r s t governor of Vancouver Island. Governor Blanshard arrived at V i c t o r i a March 1 0 , l 8 j ? 0 and found the Hudson's Bay Company strongly entrenched and no colony to govern. There was only one s e t t l e r on the entire island besides those connected with or working for the (6) Hudson's Bay Company* The r e a l power on the island was James Douglas, who, being i n charge of Fort V i c t o r i a and Senior Chief Factor of the Company, had the handling of a l l trade and commerce. Blanshard's position was anomalous and uncomfortable* Mis authority, although he was governor, was much less than Douglas* and consisted mainly i n s e t t l i n g petty disputes between the servants of the Company. He wrote voluminous correspondence to the Home Government and f i n a l l y , disgusted with the impossible s i t u a t i o n , he resigned November 1850 and l e f t for England September l 8 j ? l . Only very few s e t t l e r s were able to come to the new colony. The company had established the price of land at one (6) This was Captain W. Colquhoun Grant, late of the Second Dragoon Guards, Scots Greys, who had brought out eight s e t t l e r s at his own expense i n 1849 and settled at Sooke. He only stayed two years* Alexander Begg, C.C. B r i t i s h Columbia, Toronto, 1 8 9 4 , p.198. pound per'acre and a minimum of twenty acres. Each (7) s e t t l e r had to provide h i s own passage out. Only a person of considerable means could accept the Company's offer* The prices charged for goods and food by the company were 300% (8) over the C a l i f o r n i a p r i c e s . It i s no wonder that fourteen of the t h i r t y s e t t l e r s memorialized the Governor not to concen-(9) trate a l l control i n the hands of the Hudson's Bay Company. But the company was to strong and th e i r man Douglas was on the ground f i r s t . Just before he l e f t , Blanshard, quite possibly because of t h i s memorial, c a l l e d together a provisional council of three members. These were James Douglas, John Tod, and James Cooper, a representative of the minority signers of the memorial. To succeed Blanshard, Douglas was the l o g i c a l man* He was rugged, large i n mentality and physique, a lover of order, a strong and masterful man. Like McLoughlin he was a benevolent despot, a hard man but a just one* Unlike McLoughlin he was ambitious and ujarelenties* and of a nature that was bound to succeed. And suoeeed he did, for he became the best remembered man i n c o l o n i a l B r i t i s h Columbia history. He -"bridged the gap between the fur trade and responsible (10) government". It i s impossible to deal with any phase of the colonial history o f Vancouver Island or B r i t i s h Columbia from 18.46 to 1866 without bringing i n Douglas' name. "Used from an (7) Resolutions of the Hudson?s Bay Co, Colonization of Vancouver's Island, Jan.13,1849, B.C*Archlves Report,1913, P.V73. (8) H.H.Bancroft, History of B r i t i s h Columbia, San Francisco, I887.ip.311.--19) Given in Howay & Sch o l e f i e l d Vol.I,p.324-526. (10) W» N. Sage, S i r "tames Douglas and B r i t i s h Columbia, Toronto, 1930, 'p.347* early age,- to exercise absolute power over h i s savage and half-savage underlings; accustomed to owe his personal security and success i n the-masttars confided to him by the Company to his own strength and dominance, far from any p o s s i b i l i t y of outside support; his training, eoupled with his personal q u a l i f i c a t i o n s and natural a b i l i t y , f i t t e d him to be a r u l e r of men. He took authority as his lawful right and exercised i t unflinchingly; i n general, wisely, but always firmly - i f maybe, sometimes harshly. As Governor he never forgot that he was the servant of the B r i t i s h Empire, and that i t was his duty to preserve even the most outlying part (11) of that far-flung Empire for his crown and country." Erpm the start Douglas ruled as McLoughlin had done before i n Oregon, as an autocrat. He had the Legislative Council but t h i s was usually composed of his employees and consequently amenable to most of his suggestions. The Council did not hold a regular session, but met f o r the dispatch of public business as occasion or Douglas required. Up to 1856 the Council only had eighteen sessions and i n i t s l i f e t i m e only had eight members* The Governor and his Council did not control c o l o n i a l lands because of the grant to the Hudson's Bay Company. The only money the Council had under i t s control and indeed the only taxes i t imposed was the issuing of (12) liquor licences* Although the council was only summoned (11) H. L. Reid, The Assay Office and the Proposed Mint, . Archives of B. C. Memoir VII,p.9. (12) This revenue was £220 i n I 8 5 3 , £400 i n 1854, and £?40 i n I 8 5 5 . Minutes of the House of Assembly of Vancouver I s l . 1856-1858, Archives of B r i t i s h Columbia, Memoir III,p.2 5 . when Douglas; found he needed i t s assistance i t was not altogether a powerless body* Besides dealing with the liquor licences they appointed magistrates proposed by the governor and discussed educational matters. They even dared on one occasion to oppose Douglas* suggestion of custom duties thus (13) keeping Vancouver Island a free trade eolony. Yet this Governor and Gouncil method o f government was suited to the time, the place and the number o f s e t t l e r s * i n the instructions issued to Blanshard and likewise to Douglas, provision had been made for the establishment of representative government as soon as circumstances should permit but t i l l then the governor was empowered to make laws with the aid of h i s council alone. Circumstances had not permitted of the Assembly's creation and no one i n the eolony had asked for a parliamentary system, let the established practices of c o l o n i a l , English Law came to the fore and (14) Douglas was instructed to c a l l together a co l o n i a l l e g i s l a t u r e . Accordingly, af t e r a meeting of the council, Douglas issued a proclamation, dividing the island into four electoral d i s t r i c t s . The q u a l i f i c a t i o n s of persons seeking election were based on the ownership of property worth at least £300 freehold and the property q u a l i f i c a t i o n s of voters were given as twenty acres (15) freehold or more. ( 1 3 ) Minutes of the Council of Vancouver Island, I85I-I86I, - Archives of B r i t i s h Columbia, Memoir II, p . l 6 * 114) Labouchere to Douglas, February 28,1856, quoted i n Sage, S i r James Douglas, p . l 8 8 . (15) Memoir II , p.29. 'The premature Assembly of Vancouver Island was brought into being by f o r t y voters who elected seven members. "The f i r s t l e g i s l a t u r e " , says Bancroft, "would scarcely be c a l l e d a wise or imposing body of men, or the representatives of a powerful State. Exclude the rocks, trees, and savages, and the wild beasts from t h e i r constituency, and there was (16) l i t t l e l e f t " . Nevertheless this L e g i s l a t i v e Assembly, which met i n 1856, established Representative Government on Vancouver Island, the f i r s t off i t s kind to set up i n B r i t i s h North America west of the Great Lakes; and i t ,was won without any long drawn out f i g h t for the p r i n c i p l e s of representative government that had characterized the eastern colonies. "Representative government came not by the demand of the people who were affected by i t but by mandate of the B r i t i s h (17) crown.iJ. The Assembly l i k e the Council was composed mainly of Hudson rs Bay Company men. This could not be otherwise under the e x i s t i n g conditions; so that neither assembly or council could be said to have represented the people. The assembly was hard put to f i n d something for i t s e l f to do. That problem would never be solved as long as the"Hudson's Bay Company remained i n control of the colony. But nevertheless though (16) H. H. Bancroft, Op.Cit., p.323. Bancroft i s pleased to be sarcastic* (17) Gosnell, Canada and i t s Provinces, vol.21,p.113.. Douglas i n his opening speech remarks; i t i s the f i r s t instance of representative i n s t i t u t i o n s being granted in the infancy of a colony. Memoir i l l , p . 1 3 ' i t could never by any stretch of the imagination be called a sovereign body, the Assembly immediately and eagerly began to press Douglas for information. They quickly assumed control of the liquor revenue and raised the constitutional point of 5no taxation without representation' when Douglas wanted to vote supplies f o r r o a d s beyond the sums of money at the disposal of the assembly. Douglas, however, usually worked amicably with the assembly; but so long as the Royal Grant of 184? remained i n force the assembly of Vancouver Island could not expect to wrest away from the Hudson's Bay Company eontrol of the eolonial finances. It is. doubtful how long t h i s control would have lasted i f i t were not for the discovery of gold on the main-land i n I 8 5 8 . The gold rush to the Fraser River changed conditions i n the Northwest, Hews of the discovery soon brought thousands to the d i s t r i c t , V i c t o r i a , overnight, became the port of c a l l f o r the adventurers who flocked to New Caledonia and the new E l Dorado* P o l i t i c a l l y * Douglas' power was l i m i t e d to Vancouver Island but as Chief Factor of the Hudson's Bay Company he was responsible for i t s interests on the mainland. He was determined to keep the gold rush and the gold f i e l d s under cont r o l . He took the law into his own hands and d e f t l y confusing his powers as Governor of Vancouver Island and Chief Factor of the Company, he threw himself with energy and devotion into the task of preserving order amongst the lawless hosts of gold seekers. To control them further, he issued a proclamation, taxing the miners and assuring the Hudson?s Bay Company of the monopoly of trade and commerce between the •island and the mainland* When news of the gold rush and Douglas* actions reached London, the Colonial Office had to review and revise the a f f a i r s of i t s colony on the P a c i f i c , Accordingly August 2 , 1858 an act was passed creating on the mainland the (18) separate colony of B r i t i s h Columbia. The Boundaries were to be: the international boundary on the south, the Haas and i'inlay Elvers i n the North, the summit of the Rockies, and the sea, including a l l the coast islands except Vancouver Island, which was to remain i n t a c t . The government of the colony was to consist of a governor and a l e g i s l a t u r e , "as •(19) soon as Her Majesty should deem i t convenient". The l e g i s l a t u r e was to "consist of the Governor and a Council, or Council and Assembly, to be composed of such and so many persons, and to be appointed or elected i n such manner and for such periods, and subject to such regulations as to Her .(ad Majesty may seem expedient". Douglas was appointed governor, and was to remain governor of Vancouver Island also, only on condition that he sever a l l connection with the Hudson*s Bay Company. The f i r s t judge f o r B r i t i s h Columbia was to be Matthew Begbie, . At t h i s same time the Imperial Government had under (18) Given i n Papers Relative to the A f f a i r s of B r i t i s h Columbia, (hereafter B.C.Fapers) P t . I , p . l . (19) Ibid. (20) Ibid* review the "Royal Grant of 1849, A House of Commons Committee was set up i n 1857 and aft e r examining twenty-four (21) witnesses, recommended that the Hudson's Bay Company lease of the islan d should terminate at the end of the current lease. This report was adopted by Parliament i n 1858. The Company's licence of exclusive trade i n the Northwest was also withdrawn* By t h i s act one of the greatest monopolies of history bowed to the onrush of progress and c i v i l i z a t i o n , (22) Douglas created a council for the mainland colony but continued to l i v e i n V i c t o r i a * On Vancouver Island a f f a i r s continued unaltered but on the mainland Douglas had to contend with new elements. As early as May i860 "a p e t i t i o n was forwarded to the Duke of Newcastle asking for a resident (23) governor and o f f i c i a l s and for representative i n s t i t u t i o n s . Douglas was no believer i n democratic government and consist-ently disregarded the wishes of the mainlanders. He ruled a u t o c r a t i c a l l y by proclamations dealing with a l l the subjects of government* However, the mainlanders continued to press for t h e i r objectives, A memorial was presented to Douglas advocating a representative assembly for B r i t i s h Columbia. Douglas referred t h i s memorial and i t s charges of incompetent (21) A l i s t of members and witnesses examined i s given i n Begg, op*cit.,p . 2 2 0 . (22) This was composed s o l e l y of Col. Moody and Judge Begbie, and was just a ' b l u f f council. (23) Howay & Scho l e f i e l d , B r i t i s h Columbia, Vol.II,p.163. 65. government"to the Secretary of State along with copious (24) answers to the charges. This d i d not produce the desired e f f e c t and continued meetings were h e l d and memorials drawn up. In the f o u r t h p e t i t i o n the memorialists wished f o r "A . . . . Governor who s h a l l r e s i d e permanently i n t h i s colony, free from any p r i v a t e i n t e r e s t s i n the colony of Vancouver I s l a n d , or connected d i r e c t l y or i n d i r e c t l y w i t h the Hudson's Bay Company; a system of re s p o n s i b l e government s i m i l a r to that possessed by eastern B r i t i s h North American and A u s t r a l i a n (25) c o l o n i e s . " I t was not u n t i l a f i f t h p e t i t i o n had been sent home to England that any d e f i n i t e a c t i o n was taken. The Act cre a t i n g B r i t i s h Columbia was t o e x p i r e at the end of the sess i o n of Parliament f o l l o w i n g December 31, 1862, Douglas's appointment as governor of B r i t i s h Columbia was to l a s t u n t i l 1864 but h i s term i n Vancouver I s l a n d expired i n 1863. New l e g i s l a t i o n f o r B r i t i s h Columbia was thus necessary* In a despatch of May 26, 1863, the c o l o n i a l s e c r e t a r y , the Duke of Newcastle, informed Douglas of the i n t e n t i o n of the home a u t h o r i t i e s to f o r i a p a r t i a l l y r e presentative c o u n c i l f o r (26) B r i t i s h Columbia. In a f u r t h e r despatch of June 15, I063, (27) Newcastle proposed separate governors for the eolonies. (24) Both of these are given i n Begg, Op.cit., p.352-358. (25) B r i t i s h Columbian, J u l y 19,1862, quoted i n Howay & S-oholefield, p. 164-165. (26) Newcastle to Douglas May 26, I 8 6 3 , quoted i n Begg, Op.cit., • • P. 359. (27) I b i d . , p.36O. 66. The L e g i s l a t i v e Council of B r i t i s h Columbia was created by order-in-council of June 11, 1863* It was composed of f i f t e e n members, two-thirds appointed and one-third elected. " B r i t i s h Columbia had obtained the f i r s t rudiments of representative (28) government but that was a l l . " The desire of the colonists for separate governors was granted on Douglas's retirement, Frederick Seymour was appointed Governor of B r i t i s h Columbia and Arthur Kennedy, Governor of Vancouver Island. Seymour was a weak man and i l l -f i t t e d to govern a young ambitious eolony such as B r i t i s h Columbia. Governor Kennedy, on the other hand, was a much stronger character and worked hard f o r the union of the two colonies, though when union was accomplished, Seymour, who had (29) opposed i t , was appointed governor of the united colony. On the island, too, things had not been so quiet, with the i n f l u x of American miners to V i c t o r i a had come one, Amor De Cosmos, a journalist by profession,who had come to (30) C a l i f o r n i a i n 1852 and had followed the miners north. In December, 1858 he established the ' B r i t i s h Colonist' i n v i c t o r i a and began a vigorous campaign against Douglas, accus-ing him of trying to serve two masters. He roundly denounced Douglas and the Family-Gompany-Compact, demanding the (28) W. N* Sage, Early Days of Representative Government9 . Canadian H i s t o r i c a l Review, Vol.Ill,p. 1 7 1 . (29) The reason for thi s was that Kennedy did not get along well on Vancouver Island* A30) His r e a l name was William Alexander Smith and he was born . at Windsor, Nova Scotia i n 1825. He had his name changed to Amor De Cosmos by act of the C a l i f o r n i a l e g i s l a t u r e . introduction of responsible government. But other matters had to be se t t l e d before this mementous question could be dealt with. It required thirteen years of hard hammering i n the press and on the public platforms and an entire transformation of the central power from London to Ottawa before De Cosmosf reforms were won. The movement f o r Union had begun shortly a f t e r the retirement of Douglas. At t h i s time each government had i t s own t a r i f f p o l i c y , post o f f i c e system and government o f f i c i a l s . S a tisfactory and even convenient as such a state of a f f a i r s might be i n the e a r l i e r stages of c o l o n i a l development, t h i s system of administration was needlessly expensive and complicated to govern two outposts of the Empire so close together. Vancouver Island was p a r t i c u l a r l y desirous of union. The islanders found their free trade p o l i c y not so profitable now that the gold rush was over* In 1865 an "Unconditional Terms of Union 1 p e t i t i o n was sent by the islanders to, the Home Government. They desired "the immediate union of the colony with B r i t i s h Columbia, under such constitution as Her ( 3 D Majesty's Government may be pleased to grant". The Imperial Government decided to unite the two colonies, though probably somewhat against the wishes of the people of B r i t i s h Columbia. S t i l l , the Colonial Office cannot be held at f a u l t i n t h i s measure "for a. yearly expenditure of £69,000 f o r the mere c i v i l l i s t of the two colonies with t h e i r handful of inhabitants, was (32) a somewhat novel phase i n the progress of B r i t i s h colonization'.' (31) Begg, Op.cit.,p . 3 6 6 . (32) Bancroft, Op.cit.,p.394. According to the Act of Union i n 1866, Vancouver * Island was absorbed by B r i t i s h Columbia. The executive, government and l e g i s l a t u r e of B r i t i s h Columbia was extended over Vancouver Island. The laws of B r i t i s h Columbia were to be i n force* The L e g i s l a t i v e Assembly of Vancouver Island was abolished and a L e g i s l a t i v e Council, the majority of whose members were appointed, was set up for the united colony. Governor Seymour, as mentioned before, was made the f i r s t governor* The Union did not bring r e l i e f * It was unpopular i n both B r i t i s h Columbia and Vancouver Island. The Island l o s t what l i t t l e representative government i t had and V i c t o r i a ceased to be a 'free port?, the customs duties of B r i t i s h Columbia being extended to the i s l a n d . The mainland was dissatisfied because, afte r some bickering, the ca p i t a l was (34) placed at V i c t o r i a * Debts continued to accumulate. There was no responsible government and i t was slow and d i f f i c u l t under the makeshift representative system. Matters went from bad to worse and the colony had to choose between the three courses l e f t open for i t to follow. From 1866 to 1871 has been ca l l e d the " C r i t i c a l (35) Period of B r i t i s h Columbia'. This was the period when B r i t i s h Columbia had to make her choice. F i r s t , the colony (33) Given i n Howay & Scho l e f i e l d , Vol . 1 1 , Appendis p .691-692. (34) In I867 the t o t a l debt was-.$1,296,681. J . W. Howay, Canada and i t s Provinces, Vol.XXI,p.170, (33) W. N. Sage, C r i t i c a l Period of B r i t i s h Columbia, P a c i f i c . H i s t o r i c a l Review, V o l . 1 , p.427* could remain as i t was; second, i t might join with her neighbor to the south in the American Federation; or t h i r d , i t might enter the newly formed (1867) Dominion of Canada. The f i r s t course was impractical - the debt of the colony was too large and i t was too i s o l a t e d for s o l i t a r y existence* Either Annexation to the United States or Federation with Canada was more i n v i t i n g * Annexation seemed the most promising* The United States was much closer than Canada; Washington T e r r i t o r y and Oregon were next door neighbors. Many American goldseekers had s e t t l e d i n V i c t o r i a and national holidays of the United States were regularly observed. The colony had regular steamship communication with C a l i f o r n i a n and American Northwestern ports and most trade and commerce flowed that way. The Annexationist movement was confined mainly to the Island and i t found l i t t l e support on the mainland. There was some ' B r i t i s h 1 support for annexation on Vancouver Island but l i t t l e or none * p r a c t i c a l l y none on the mainland. The majority of men on the mainland were B r i t i s h or of B r i t i s h extraction and determined to s t i c k by the Empire. The only alternative i f they would not accept annexation was federation with the new Dominion of Canada. Amor De Cosmos, the militant newspaper owner and able reformer took the lead i n sponsoring federation and with i t responsible government. The L e g i s l a t i v e Council on March 18, I867 passed a resolution asking that B r i t i s h Columbia be (36) W. N. Sage, Annexationist Movement i n B r i t i s h Columbia, - 1866^1871, Transactions of the Royal Society of Canada, 1927. (37) 70 . Included in* the pending federation of the eastern provinces. Governor Seymour, however, was averse to the plan and took no constructive steps to further i t . The supporters of Confederation would not give up* A 'Confederation League* (38) was formed i n V i c t o r i a i n May 1868. A convention, held at Yale i n September, stated that "the government of B r i t i s h Columbia does not exist by the free and just consent of the governed and i s therefore a despotism ..." That it. deprives the people of their r i g h t f u l share i n the government, as no statute or order-in-council exists which guarantees to the People the right to p a r t i c i p a t e i n the government of the colony That the proper remedy for the present p o l i t i c a l condition of the colony i s the immediate admission of (39) B r i t i s h Columbia into the Dominion of Canada"., A series of proposals for terms of union with Canada were f u l l y set f o r t h . In 1869 the Confederation struggle came to a head. In that year the Dominion of Canada took over the Hudson's Bay or Northwest T e r r i t o r i e s bringing t h e i r domain to the B r i t i s h Columbia border. In that year, too, Governor Seymour died. It was the obvious desire of Canada and the Imperial authorities to see Confederation include the whole of B r i t i s h North America. Acting on t h i s desire, through the recommendation of (37) Begg, Op.cit.,p . 3 7 6 . (38) Its object was 'to effect Confederation as speedily as possible, and secure representative i n s t i t u t i o n s for the colony, and thus get r i d of the present one-man govern-ment, with i t s huge s t a f f of overpaid and do-nothing o f f i c i a l s * . Begg, Op.cit.,p ,379 (39) Ibid*p . 3 8 3 . S i r John A.'Macdonald, Prime Minister of Canada, the Imperial Government appointed Anthony Musgrave, Governor of Newfoundland, to the vacant governorship of B r i t i s h Columbia. The new governor was an ardent supporter of Confederation and began to work at once to bring the Council in favor of i t . In I87O the Council discussed the terms under which B r i t i s h Columbia should enter Confederation. Now the Council was d i s t i n c l y pro-Confederation and negotiations were begun with the Dominion Government. The terms of union were f i n a l l y agreed upon and on July 20, I 8 7 I , B r i t i s h Columbia o f f i c i a l l y entered the Dominion of Canada. With Confederation, B r i t i s h Columbia also gained Responsible Government. This was not included i n the terms of HQ) union, but i t came with federation and the creation of the f i r s t ministry. The government of B r i t i s h Columbia was to be the same as the other provinces of Canada - i t s p o l i t i c a l constitution being derived from the B r i t i s h North America Act* The Dominion Government consented to the Introduction of responsible government when desired by the people of B r i t i s h Columbia. Governor Musgrave amended the existing constitution of the L e g i s l a t i v e Council August 9 , 1870 so that a majority of i t s members should be e l e c t i v e . To t h i s council, B r i t i s h Columbia owes representative government. One of i t s f i r s t measures was the Constitution Act of 1871 , whereby a L e g i s l a t i v e Assembly of twenty-five members, thirteen elected (40) For a f u l l account see W. N, Sage, From Colony to Province, B r i t i s h Columbia H i s t o r i c a l quarterly, vol.III. by the mainland and twelve elected by the island, was substituted for the old L e g i s l a t i v e Council. This act came into force the day before B r i t i s h Columbia entered the Dominion. The Terms of Union were d i f f e r e n t from those of any other province. Most important of a l l , the Dominion Govern-ment assumed a l l the debts and obligations of the colony at the time of union. B r i t i s h Columbia was to have six representatives i n the Canadian House of Commons and three i n the Senate* Other terms had to do with the construction of a drydock, the pensioning of certain o f f i c i a l s , and the trustee-ship of Indians, and a mail service to San Francisco. The passing of the terms of union by B r i t i s h Columbia and Canada marked the acceptance of p r o v i n c i a l status i n the Dominion* In the United States i t would have been c a l l e d the gaining of statehood i n the nation* As l i b e r a l as the American western p o l i c y was, i t was outdone i n B r i t i s h , B r i t i s h Columbia, and the boon of statehood was thrust upon the English colony eighteen years before her s i s t e r common-wealth to the south gained an equal status. Errata The discussion and comparison of the respective American and B r i t i s h p o l i c i e s i n regard to t h e i r respective P a c i f i c Northwest possessions has been l e f t to a l a t e r chapter.- Chapter IX. 73. CHAPTER 71* THE CONSTITUTIONS QF WASHINGTON TERRITORY AND COLONIAL BRITISH COLUMBIA CONTRASTED. E s t a b l i s h e d by two i m p e r i a l i s t i c n a t i o n s , possessing d i f f e r e n t c o l o n i a l p o l i c i e s , n a t u r a l l y there are many contrast-i n g elements i n the governments of c o l o n i a l B r i t i s h Columbia and Washington T e r r i t o r y . But as the United States i t s e l f was founded by Englishmen, the forms of f r o n t i e r l i f e and govern-ment they set up were reproductions or mo d i f i c a t i o n s of i n s t i t u t i o n s already e s t a b l i s h e d at home; and so, just as n a t u r a l l y , there w i l l be found s i m i l a r i t i e s between the two. When the T e r r i t o r y of Washington was carved from Oregon, the act e s t a b l i s h i n g i t s t e r r i t o r i a l government, known as the Organic Act, followed the general plan l a i d down i n the Ordinance of 1787 and i n the various organic Acts passed c r e a t i n g previous t e r r i t o r i e s . I t i s a very comprehen-sive document of twenty-one sections l e a v i n g nothing t o doubt and s e t t i n g down very c l e a r l y the temporary government to be (1) erected i n the new T e r r i t o r y . S e c t i o n une of the Organic Act sta t e s the boundaries and the name of the new T e r r i t o r y and serves, more or l e s s , as a preamble to the a c t . The remaining sections set f o r t h the c o n s t i t u t i o n of the T e r r i t o r y , i t s government, o f f i c i a l s , t h e i r s a l a r i e s and powers, the f r a n c h i s e , and i t s laws. S e c t i o n Two determines "That the executive power and a u t h o r i t y i n and over s a i d t e r r i t o r y of Washington s h a l l be 11) Statutes, of the T e r r i t o r y of Washington, 1854-53• vested i n a governor, who s h a l l hold his o f f i c e for four years, and u n t i l his successor s h a l l be appointed and qualified, unless sooner removed by the president of the United States. The governor s h a l l reside i n said t e r r i t o r y , s h a l l be the commander-in-chief of the m i l i t i a thereof, s h a l l perform the duties and receive the emoluments'of superintendent of Indian a f f a i r s ; he may grant pardons and remit fines and fo r f e i t u r e s for offenses against the United States, u n t i l the decision of the president s h a l l be made known thereon; he s h a l l commission a l l o f f i c e r s who s h a l l be appointed to o f f i c e under the laws of said t e r r i t o r y , where, by law, such commissions s h a l l be required, and s h a l l take care that the laws be (2) f a i t h f u l l y executed." To a s s i s t the governor i n the performance of his duties, there were to be numerous other o f f i c i a l s , chief of whom was a secretary, " who s h a l l reside therein, and s h a l l hold his o f f i c e f o r four years, unless sooner removed by the president of the United States; he s h a l l record and preserve a l l the laws and proceedings of the l e g i s l a t i v e assembly hereinafter constituted, and a l l the acts (3) and proceedings of the governor i n his executive department." He was also to be the acting governor i n case of the death, removal, resignation, or absence of the governor from the t e r r i t o r y , u n t i l a successor should be appointed, but there was no s p e c i f i c post of lieutenant-governor created* The l e g i s l a t i v e branch of the government was declared by Section Four to "be vested i n a l e g i s l a t i v e assembly which (2) Statutes of the T e r r i t o r y of Washington, I 8 3 4 - I 8 3 3 , Organic Act, Section II,p.33. 3 Ibid, Section III,p.3 3 . s h a l l consist; of nine members, having the qualifications of voters, as hereinafter prescribed, whose term of service . (4) s h a l l continue three years," with one t h i r d r e t i r i n g each year. "The house of representatives s h a l l at i t s f i r s t sessions, consist of eighteen members, possessing the same qualifications as prescribed f o r members of the council, and whose term of service s h a l l continue one year. The number of representatives may be increased by the l e g i s l a t i v e assembly, from time to time in proportion to the increase of q u a l i f i e d voters: Provided, that the whole number s h a l l never exceed t h i r t y * An apportionment s h a l l be made as nearly equal as practicable among the several counties or d i s t r i c t s for the election of the council and representatives, giving to each section of the t e r r i t o r y representation i n the r a t i o of i t s q u a l i f i e d voters, (5) as nearly as may be". There was to be but one session annually unless on an extraordinary occasion the governor (6) should deem i t necessary to c a l l the l e g i s l a t u r e together. Section Four further stated that the governor was to take a census of the inhabitants and q u a l i f i e d voters and then (7) he was to issue a proclamation stating the e l e c t o r a l districts and the number of representatives and council members to be elected from each d i s t r i c t . "But hereafter the time, place, and manner of holding and conducting a l l elections by the people, and the apportioning of the representation i n the (4) Statutes of the T e r r i t o r y of Washington, 1854T-1855, Organic Act, Section I?,p .33« (5) Ibid,p.34. 16) Ibid, Section Ix,p . 3 8 . (7) Published i n Washington H i s t o r i c a l Quarterly, Vol.XXI, p.138-141. several counties or d i s t r i c t s to the council and house of (8) representatives s h a l l he prescribed by law". The terms of the act were very e x p l i c i t regarding the q u a l i f i c a t i o n s of voters. "And be i t further enacted, That every white male inhabitant above the age of twenty-one years, who s h a l l have .been a resident of said t e r r i t o r y at the time of the passage of th i s act; and s h a l l possess the qua l i f i c a t i o n s hereinafter prescribed, s h a l l be e n t i t l e d to vote at the f i r s t e l e c t i o n , s h a l l be elegible to any o f f i c e within the said t e r r i t o r y ; but the q u a l i f i c a t i o n of voters, and of holding o f f i c e at a l l subsequent elections s h a l l be such as s h a l l be prescribed by the l e g i s l a t i v e assembly; Provided, That the right of suffrage and of holding o f f i c e s h a l l be exercised only by c i t i z e n s of the United States above the age of twenty-one years, and those above that age who s h a l l have declared on oath t h e i r intention to become such, and s h a l l have taken an oath to support the constitution of the United States, and the provisions of this act: And provided further, That no o f f i c e r , s o l d i e r , seaman, mariner, or other person i n the army or navy of the United Statesv.or attached to troops i n the service of the United States, s h a l l be allowed to vote in said t e r r i t o r y , by reason of being on service therein, unless said t e r r i t o r y i s , and has been, for (9) the period of s i x months, his permanent domic11." The actual power of the l e g i s l a t u r e was to "extend to (8) Statutes of Washington T e r r i t o r y , Organic Act, Section IY, p.34. (9) Ibid, Section V,p.35. 77 a l l r i g h t f u l subjects of l e g i s l a t i o n , not inconsistent with (10) the constitution and laws of the United States." The few exceptions stated that taxes were to be equally imposed on every person, that United States property was to be free of tax, and that no law was to be passed i n t e r f e r i n g with "the primary (11) disposal of the s o i l , " There was also an important proviso that " a l l the laws passed by the l e g i s l a t i v e assembly s h a l l be submitted to the congress of the United States, and i f (12) disapproved, s h a l l be n u l l and of no e f f e c t " . Also included i n the act was a comprehensive outline of the j u d i c i a l system* The j u d i c i a l power was to be vested in a supreme court, d i s t r i c t courts, probate courts, and justices of the peace* "The supreme court s h a l l "consist of a chief . justice and two associate justices, any two of whom s h a l l constitute a quorum, and who s h a l l hold a term at the seat of the government of said t e r r i t o r y annually, and they s h a l l hold (13) t h e i r o f f i c e s during the term of four years." The residents of Washington T e r r i t o r y had the right of f i n a l appeal to the supreme court of the United States* Lesser o f f i c e r s appointed were an attorney who was to continue i n o f f i c e for four years, and a marshal, holding o f f i c e for the same length of time, who was to execute a l l processes issuing from the courts. A l l of the government o f f i c i a l s , the governor, secretary, judges, attorney, and marshall, "Shall be nominated, and, by and with the advice of the senate, appointed by the (14) president of the United States." A l l were required to take an oath to support the constitution of the United States and Mi-i>) Statutes of Washington T e r r i t o r y , organic Act, sect. i„.p.2> ! (14) Ibid, Sect.XX.p.38. if (10) Statutes of Washington Ter r i t o r y , Organic Act,Sect.VI.p.35< H l l ) Ibid. U12) i b i d . faithfully'discharge the duties of their respective o f f i e e s . Furthermore, the governor was to receive an annual salary of f l 5 Q 0 . 0 0 as governor, and $1500.00 as superintendent of Indian a f f a i r s . The chief justice and associate justices received annually #2000.00, and the secretary, §1500.00. The members of the l e g i s l a t u r e also received a remuneration. They were en t i t l e d to three dollars each per day during t h e i r attendance at the l e g i s l a t i v e sessions and three dollars t r a v e l l i n g expenses for each twenty miles of travel going to and return-ing from sessions. To establish a liaison between the t e r r i t o r y and the United States Congress, a t e r r i t o r i a l delegate was to be elected for a term of two years to the federal house of representatives, "who s h a l l be e n t i t l e d to the same rights and p r i v i l e g e s as have been heretofore exercised and enjoyed by the delegates from the several other t e r r i t o r i e s of the (15) United States." Under t h i s p r i v i l e g e he was given the right to debate, but not to vote. Such, with a few other minor terms, was the constitution of the T e r r i t o r y of Washington as set for t h i n the Organic Act. Vancouver Island, the f i r s t B r i t i s h colony i n the P a c i f i c Northwest did not have the fortune to be founded under such a favorable and l i b e r a l constitution. In fact as De Cosmos, the leading reformer of Vancouver Island pointed out, the B r i t i s h colony of Vancouver Island did not possess a (15) Statutes of Washington T e r r i t o r y , Organic Act, Section XTV,p .59. c o n s t i t u t i o n and had not as yet framed one* There was only a 'quasi c o n s t i t u t i o n * , the governor's commission. "When States are organized, a convention of the people makes a w r i t t e n c o n s t i t u t i o n . I n i t the form of government i s stated; the power of the r u l e r s l i m i t e d ; and the r i g h t s of the people defined. But we have l i t e r a l l y nothing, or what i s tantamount to nothing* We have the Governor's commission* I t i s a quasi (16) c o n s t i t u t i o n " . Under the B r i t i s h c o l o n i a l system the colony was d i r e c t l y r e s p o n s i b l e to the C o l o n i a l O f f i c e . This o f f i c e provided f o r the c o n s t i t u t i o n of Vancouver i s l a n d i n the Commission and i n s t r u c t i o n s issued i n 184? to Richard Blanshard, the f i r s t governor of the colony. Under t h i s commission, government was t o be embodied i n the governor, a c o u n c i l and an assembly* Thus, government was meant to be of the r e p r e s e n t a t i v e type i n theory i f not i n p r a c t i c e . "We do hereby grant, appoint, and ord a i n , that you, and such other persons as are h e r e i n a f t e r designated, s h a l l c o n s t i t u t e and be a Council f o r the s a i d I s l a n d * And we do hereby d i r e c t and appoint that i n a d d i t i o n to y o u r s e l f , the s a i d Council s h a l l be composed of such other persons w i t h i n the same, as s h a l l from time to time be named or designated f o r that purpose by Us,.-., and w i t h the advice of our P r i v y C o u n c i l , a l l of which C o u n c i l l o r s s h a l l hold t h e i r places i n the s a i d Council at our pleasure. And we do hereby grant and ordain that you with the advice of s a i d C o u n c i l s h a l l have f u l l power and a u t h o r i t y to make and enact a l l such Laws and Ordinances as may from time to m i : — : B r i t i s h C o l o n i s t , September 2 8 , i860. 80* time be required for the peace, order and good Government of the said Colony, and that in the making of a l l such Laws and Ordinances you s h a l l exercise a l l such powers and authorities, and that the said Council s h a l l conform to and observe a l l such Rules and Regulations, as s h a l l be given and prescribed in and by such instructions as We with the advice of Our Privy Council s h a l l from time to time make for th e i r and your good guidance therein: Provided nevertheless, and We do hereby reserve to ourselves, Our Heirs and Successors, Our and their right and authority to disallow any such Ordinances in the whole or i n part, and to make and establish from time to tine with the advice and consent of Parliament or with the advice of our or t h e i r Privy Council a l l such Laws, as may to Us or them appear necessary for the order, peace, and good Govern-ment of our said Island and i t s dependencies, as f u l l y as i f (17) those presents had not been made.", The governor was empowered "to constitute and appoint seven persons being within the same to be members of the said Council during Our (18) pleasure." On the question of the Assembly, the instructions were equally e x p l i c i t * "And We do hereby give and grant to you, f u l l power and authority with the advice and consent of our said Council from time to time as need s h a l l require, to summon and c a l l General Assemblies of the Inhabitants owning twenty or more acres, of freehold land within the said Island and i t s (17) Minutes of the Council of Vancouver Island, Archives of B. C* Memoir I I , p.6. (18) Ibid,, p.8. Dependencies under your Government in such manner and form, and according to such powers, instructions, and authorities as are granted or appointed by your General Instructions accompanying' t h i s your Commission, or according to such powers, instructions, and authorities as shall be at any time hereafter granted or appointed And we do hereby declare that the persons so elected and q u a l i f i e d s h a l l be called and deemed the General Assembly of Our said Island of Vancouver, And you, said Richard Blanshard, by anl with the consent of Our said Council and Assembly or the major part of them respectively, s h a l l have f u l l power and authority to make, constitute, and ordain Laws, Statutes, and Ordinances for the public peace and welfare and good Government of our said Island and i t s dependencies which said Laws, Statutes, and Ordinances are not to be repugnant but as near as may be agreeable to the Laws and Statutes of this Our United Kingdom of Great B r i t a i n and Ireland, provided that a l l such Laws, Statutes, and Ordinances of what nature or duration soever be transmitted to Us i n the manner s p e c i f i e d i n your said Instructions, under the Publie Seal of Our said Island and i t s Dependencies for Our U9) approbation or disallowance of the same." As Governor Stevens, the f i r s t governor of Washington T e r r i t o r y was given authority, so was Blanshard empowered "To issue a Proclamation declaring the number of Representatives to be chosen by such Freeholders to serve i n the said General Assembly, and i f you s h a l l see f i t , dividing (19) Minutes of the Council of Vancouver Island, Archives of B. C. Memoir II, preface p. 6 and 7. Our said Island and i t s Dependencies into D i s t r i c t s or Counties, Towns, or Townships and declaring the number of Representatives to be chosen by each of such D i s t r i c t s , or (20) Counties, Towns or Townships respectively*" This was to have been the constitution of Vancouver Island* Unluckily, i t never f u l l y went into practice* Conditions i n Vancouver Island were not favorable for such a v government* Governor Blanshard soon found, to his dismay, the absence of s e t t l e r s and the control of the Hudson's Bay Company, under i t s grant of the island, over the infant colony* Instead of a Council of seven, only three members, the necessary quorum, were appointed by Blanshard* And i t was not u n t i l 1856 that the. f i r s t assembly was c a l l e d and then put into e f f e c t at the express wish of the Colonial Office. When B r i t i s h Columbia was founded as a Crown Colony in 1 8 5 8 , p r e c i s e l y the same si t u a t i o n arose. The Act creating the colony provided for the setting up of a "Legislature to make laws for the peace, order, and good government of B r i t i s h Columbia, such Legislature to consist of the Governor and a (21) Council, or Council and Assembly." As the l e g i s l a t u r e was not to be formed immediately, the governor* as representative (20) Minutes of the Couneil of Vancouver Island, Archives of B. G» Memoir II,p.9 . (21) An Act to Provide for the Government of B r i t i s h Columbia, 21 & 2 2 , V i c t o r i a , c . 9 9 . (2 August I 8 5 8 ) B. C. Papers, Et.I . p . l . of the Grown i n the colony, was to be empowered "to make provision for the administration of justice therein and generally to make, ordain, and establish a l l such laws, i n s t i t u t i o n s , and ordinances as may be necessary for the peace, order, and good government of Her Majesty's subjects and others (22) therein." Thus the governor was given power to l e g i s l a t e by proclamation. There were some limitations on his'power; certain subjects were l i s t e d as beyond his sphere of l e g i s l a t i o n and a l l laws and ordinances should be l a i d before both Houses of Parliament "as soon as conveniently may be (2?) a f t e r the making and enactment thereof." Another section of the Act provided f o r appeals from the courts of B r i t i s h Columbia to the B r i t i s h Privy Council. Section Six provided for the possible annexation of Vancouver Island to B r i t i s h Columbia i f the two houses of the l e g i s l a t u r e of Vancouver Island should present a joint address to Her Majesty desiring such annexation. The Act was to continue i n force u n t i l December 31, 1862 but i t was extended u n t i l 1866 when, on the union of the two colonies, new l e g i s l a t i o n was introduced. It was not u n t i l I 8 6 3 that the f i r s t L e g islative Council o f . B r i t i s h Columbia was formally constituted. Up to (22) B. G. Papers, Pt. I* p..?* (23) Ibid, p . l , The Act also provided for the appointment of a Lieutenant Govenor i n the event of Douglas 1 "death, incapacity, removal, or absence from the Colony." In a dispatch of September 24, I 8 3 8 , Lytton designated Colonel Moody to this dormant position. B. G. Papers Pt.I, p.67. t h i s time Douglas had ruled alone as he had done i n the early days of Vancouver Island* This council created i n 1863 contained f i v e elected members, but B r i t i s h Columbia never had a t r u l y elected assembly throughout i t s existence as a colony. Along with the f i v e elected members were to s i t ten appointed members. Five of these, selected by the Colonial Office, were to be the Colonial Secretary, the Attorney-General, , the Treasurer, the Chief Commissioner off Lands and Works, and the Collector of Customs; the majority of the important posts i n the colony. On the union of the two colonies in 1866 t h i s L e g i s l a t i v e Council was increased to twenty-three members, of whom nine were elected, f i v e from the mainland and four from the Island. The Colonial o f f i c e appointments remained the same* The two P a c i f i c colonies of Great B r i t a i n were handicapped from the s t a r t . The B r i t i s h Governments i n the years following the Oregon Treaty were not pxog^es-sireiy colonial-minded* The f i r s t colony, Vancouver Island, was not brought into being by an imperialistic-conscious government, but " i t was the creation of the fur-trading monopoly for the (24) furtherance of i t s own i n t e r e s t s . " This colony originated because of the desire of the Hudson's Bay Company to recoup t h e i r losses occuring on the settlement of the Oregon boundary as the forty-ninth p a r a l l e l and not further south as they had hoped. The Hudson's Bay Company, c a p i t a l -i z i n g on the B r i t i s h Government's reluctance to form a new (24) W. N. Sage, E a r l y Days of Representative Government, Canadian H i s t o r i c a l Review, V o l . I l l , p.146. colony-north \of the forty-ninth p a r a l l e l brought pressure to bear through their governor, S i r John Pelly, on Lord Grey, then Secretary of State for the Colonies, for a "grant of a l l the t e r r i t o r i e s belonging to the Grown which are situated (25) to the north and west of Rupert's Lands." The government acceded p a r t i a l l y to their request and Vancouver Island was • (26) granted to the Company for ten years. It i s d i f f i c u l t to make a generalized statement, but i t i s almost certain that without the insistence of the Hudson's Bay Company the colony of Vancouver Island would not have come into existence for many years. No wonder then that the a f f a i r s of the colony were so Company-dominated during i t s early existence. In dealing with any comparison of governments i n the P a c i f i e Northwest the power and control of the Hudson's Bay Company over the government of B r i t a i n ' s infant colonies must never be under-estimated. B r i t i s h Columbia, of course, was not so dominated, but i t was under a crown colony constitution i n a very rudimentary form. B r i t i s h Columbia, i t could be said, exchang-ed commercial domination f o r col o n i a l domination. The American t e r r i t o r y was never so dominated. No company could control the kind of government s e t u p i n Washington T e r r i t o r y * With both houses elected on such a sweeping and l i b e r a l franchise, the t e r r i t o r y was safe from monopolistic control, American far western p o l i c y never once contemplated the grant of t e r r i t o r y to a private company for (25) P e l l y to Grey, March 5 , 1847 i n Papers Relating to the Colonization of Vancouver's island, iuo.i. p.3, (1848, 619) Quoted i n W._. N* Sage, S i r James Douglas & B. G., p. 147* (26) For a f u l l account of circumstances leading to the grant see, W. N. Sage, S i r James Douglas, Chapter VI,p.140-147. colonization ior exploitation purposes. Thanks to the Ordinance of I 7 8 7 , the P a c i f i c Northwest possessions of the United States were safeguarded from such conditions as arose in Vancouver Island. The American Government, while i t nominally was supreme i n the t e r r i t o r y , did not exercise the same complete control .over i t s possessions as B r i t a i n did. The t e r r i t o r y was free to l e g i s l a t e as i t saw f i t , provided of course, i d did not exceed the powers granted under the Organic Act. Vancouver Island was brought into being because of the Hudson'B Bay Company and B r i t i s h Columbia because of the gold rush. On the other hand, Washington T e r r i t o r y was formed because of the desire of the people within that t e r r i t o r y i t s e l f * It was t h e i r expressed and earnest desire to be separated from Oregon T e r r i t o r y and to constitute a separate t e r r i t o r y as demanded i n conventions assembled at Cowlitz and Monticello. This desire was early recognized and f u l f i l l e d by the American Government. B r i t i s h Columbia was created as a crown colony by the mother country without consulting the people therein and purely as a matter of c o l o n i a l p o l i c y . It i s apparent that the forty-ninth p a r a l l e l i s a ?oi;-r,-c<x I r e a l dividing l i n e when one examines the Asystems and rate of progress i n existence Aon either side of thgt boundary* But i n making any comparison or contrast, the founding of each possession and the conditions that were prevalent and had to be faced, must always be taken i n t o account f i r s t * Differences i n population, a c c e s s i b i l i t y to the mother country, scope and a b i l i t y for progress, must be understood before a more material. 87. comparison*can be made. In numbers i n 1853, Washington T e r r i t o r y far out-classed Vancouver Island, according to the census of that year. The American population was then 3,965, of whom 1,682 were (27) voters* In Vancouver Island i n 1851 there were "not above (28) twenty s e t t l e r s on the whole is l a n d " and "at the end of 1853, besides the 17,000 natives, there were on the Island, men, women, and children, white and mixed, 450 persons, 300 (29) of whom were at and between V i c t o r i a and Soke."(Sooke) By (30) I856, i n the f i r s t e l ection, there were only forty voters. Growth i n population i n Vancouver Island was very slow u n t i l the gold rush, when i t i s estimated nearly 30,000 came to the Island and the mainland. But these numbers dwindled with the recession of the gold excitement; i n 1864 to about 13,000 and when the combined colonies entered the Dominion i n 1871, there were approximately 40,000 including Indians, or nearly (27) H. H. Bancroft, History of Washington, San Francisco, 1890, p.62* (28) Memoir II, p . l 6 . (29) H. H.. Bancroft, History of B r i t i s h Columbia, San Francisco I 8 8 7 , p.260* (30) John Work, a member of the Council writes at t h i s time in comment on position of the colony; "Our Colony i s not increasing i n population". — Work to Ermatinger August 8, I 8 5 6 , quoted i n Howay and Scholefield, B r i t i s h Columbia Vol. I.,p*555* (31) H* H. Bancroft, History of B. C.,p.593« POPULATION DENSITY IN EiiRLY, BRITISH COLUMBIA . *ND WASHINGTON TERRITORY. ^ . " ^ ^ 3L8'g5 1860 Legend: , 100 X .. .1000 o...cities B.C..13000 W.T..15000 (32) 88. 14,000 whi*tes.. The figures for Washington Te r r i t o r y show a steady, i f not rapid increase* "from 3,965 in I853 the white population grew to 11,594 i n i860; 23,955 i n I87O; 75,116 i n 18805 to approximately 349,000 when the t e r r i t o r y no entered the Union in 1889* With a constitution such as hers and the weight of added numbers, i t i s no wonder Washington T e r r i t o r y was far more advanced and progressive than her neighboring B r i t i s h colonies, with these ideas i n mind the comparison w i l l not be so hard to .understand* Fundamentally, the governments, as set forth i n the two constitutions, are very s i m i l a r . They eaeh contemplate government by a governor, a council, and an assembly* But that i s as f a r as the s i m i l a r i t y goes. For the o f f i c e of the governor the Encumbent was to be appointed i n each case; i n Washington T e r r i t o r y for a d e f i n i t e term of four years unless removed sooner (as they often were); i n B r i t i s h Columbia and Vancouver Island for an i n d e f i n i t e period at the pleasure of (32) Bancroft gives on page 598 i n a footnote the figure 45,000 including Indians; then on page 603 he estimates the white population as 14,000. The population of the colony i n I 8 7 I i s given by the Dominion Bureau of S t a t i s t i c s as 36,247 of whom a l l but 3,270, the inhabit-ants of V i c t o r i a , - were described as r u r a l . The Indians are estimated at 23,000, therefore the whites would be between 13,000 and 14,000. Canada Year Book, 1938, p.145. (33) 0. S. Kingston & 3. 0. Oliphant, An Outline of the P a c i f i c Northwest also Mrs. F. F* Victor, Oregon and Washington, p.270. (34) 89. the Colonial O f f i c e f In the T e r r i t o r i a l constitution i t i s d e f i n i t l y stated that the governor must reside in the t e r r i t o r y ; thus preventing any such s i t u a t i o n as arose when B r i t i s h Columbia was formed. Then B r i t i s h Columbia had an absentee governor i n the person of Douglas, who, while being governor of the colony, continued to reside at the seat of government of another colony, Vancouver Island* With the governorship of Washington went a salary of $1500 plus another $1500 for being Superintendent of Indian A f f a i r s . When Governor Blanshard received his appointment as governor of (35) Vancouver Island there was to be no salary for his services. (36) However, when Douglas became governor, his salary was £800 per year and i n 1856 t h i s was increased to £4,800 per year as (37) governor of the two colonies. From th i s i t can be gathered (34) The length of tenure of o f f i c e i n B r i t i s h Columbia i s not , expressly stated i n either the Commission or the Instructions issued to Douglas but Lord Lytton i n his dispatch on the 16th of July, 1858 re Douglas's appoint-ment as Governor of B r i t i s h Columbia, stated,-"And i t i s the desire of Her Majesty's Government to appoint you to the o f f i c e , on the usual terms of a govern-ment appointment; namely, for six years at l e a s t . " Lytton to Douglas, July 16, I858, B*C.Papers, Pt.I,p.43. (35) He did receive a grant of 1000 acres of land but th i s was attached to the o f f i c e . I f Douglas had been appointed the f i r s t governor, he was to have received a salary of £200 per year* See l e t t e r P e l l y to Douglas, dated Hudson's Bay House, London, August 4 ,1849, quoted i n W, N. Sage, S i r James Douglas, p.149. {36) F. W, Howay, B r i t i s h Columbia, The Making of a Province, Toronto, 1928, p . l l l . 137) W. N, Sage, S i r James Douglas, p.219. On the appointment of separate governors i n 1864, the governor of each colony was to receive £3 , 0 0 0 , Newcastle to Douglas, June 15, 1863, quoted in Begg, 0p*cit., pages 359 and 360, Douglas' salary was High but i t was made thus to comp -ensate him for relinquishing his post i n the H.B.Co. that the posion of governor i n the B r i t i s h colonies v/as a much more important, l u c r a t i v e and worthwlle post than i t s counterpart i n the neighboring t e r r i t o y . The governorship in Washington T e r r i t o r y was at the most an unstable position. The man selected, was appointed f i r s t , for p o l i t i c a l patronage and was just as liable, to be removed at any time for the same reason. During the t h i r t y - s i x years of the Territory's existence there were sixteen governors with an average career (38) of two years* The B r i t i s h colonies, on the other hand, were i n existence for twenty-two years and had, c o l l e c t i v e l y , only four governors during t h i s entire time. Douglas, as governor, was the 'government' i n the B r i t i s h colonies. His p o s i t i o n was consolidated because of the o f f i c e he held i n the Hudson's Bay Company and because of the lack of population and representation In the colonies. The o f f i c e of the governor under him amounted v i t u a l l y to a dictatorship. No governor i n Washington T e r r i t o r y had the (38) These were i n order:-Isaac I. Stevens ....Democrat ....1833-37 Fayette MacMullin ... " ..,.1857-39 R. D. Gholson .. " .,..1859-61 Wm. Pickering .Republican ... ,1862-66 George E. Cole ,.....Democrat ....1866-67 Marshall E, Moore ...Republican . . . . I 8 & 7 - 6 9 A l v i n Flanders ...... " ...,1869 - 7 0 Edward S, Salmon .... ,r * . . . l 8 7 0 r 7 2 E l i s h a P. Ferry ..... " . . . . . I 8 7 2 - 8 0 W. A. Newell " ....1880-84 Watson C. Squire .... " . . . . I 8 8 4 - 8 7 Eugene Semple *Democrat . . , . 1 8 8 7 - 8 9 Miles C. Moore Republican .... 7 months. There were three others who were appointed, then found i n e l i g i b l e * strength or\power of Douglas* The only one who i s remembered i n any great d e t a i l i s Governor Stevens, the f i r s t governor of the t e r r i t o r y * Douglas, however, tempered his d i c t a t o r i a l powers with paternalism. He did not understand representative government so he gave the colonies the best ..(39) government he knew how* When the assembly was granted Vancouver Island i n I 8 5 6 i t is quite possible that Douglas studied the t e r r i t o r i a l government of Washington as evidenced in h is l e t t e r of August 20, 1856 to Labouchere, Secretary for (40) the colonies, regarding methods of assembly procedure* Douglas and the other governors of Vancouver Island and B r i t i s h Columbia were not and did not consider themselves responsible to the people over whom they governed. They were at the mercy of the co l o n i a l o f f i c e * The American governor?/ (39) In a l e t t e r to Labouchere dated May 22, I 8 5 6 he says, *It i s , I confess, not without a fe e l i n g of dismay that I contemplate the nature and amount of labour and r e s p o n s i b i l i t y which w i l l be imposed upon me, i n the process of carrying out the instructions conveyed i n your dispatoh. Possessing a very slender knowledge of l e g i s l a t i o n , without le g a l advice or i n t e l l i g e n t assis-tance of any kind, I approach the subject with diffidence! Douglas to Labouchere, May 22, 1856, i n correspondence Relative to the Establishment of a Representative Assembly at Vancouver Island. (1857J 229 Sess*2) page 6. According to the Minutes of Council for June 7, I 8 3 6 , the governor l a i d down a p r i n c i p l e "that the custom or practice observed i n England, should, as far as possible be adopted i n the colony." . Memoir I I , page 29. (40) Douglas to Labouchere, August 20, I 8 5 6 , quoted in Memoir II I , p.12, Douglas t e l l s Labouchere there are only three of the house of seven d e f i n i t e l y e l i g i b l e and mentions Minerican procedure i n such a case. 9 2 . appointed f o r a term of four years, even though i n practice i t did not continue that long, regarded themselves as -3»€*3f#s*4?%%e^ o the people and the elected council and house of representatives of the t e r r i t o r y as well as^to the Federal Government. Thus, i n Washington Te r r i t o r y , the governor ?jas checked from assuming d i c t a t o r i a l powers by the existence of the elected house from the beginning of the t e r r i t o r y . This elected council and assembly i n Washington Terr i t o r y , more than anything else, shows the p o l i t i c a l con-t r a s t between the American and B r i t i s h possessions* Washington's council was composed of nine elected members. They did not need any property q u a l i f i c a t i o n s and the only s t i p u l a t i o n was that they should be a free, white, male c i t i z e n of the United States and over twenty-one years of age. What a difference from the a r i s t o c r a t i c Company-Compact councils of Vancouver Island and B r i t i s h Columbia. There, the members were appointed by the governor through the c o l o n i a l o f f i c e and they must be "men of good l i f e , of good estates (41) and, a b i l i t i e s suitable to t h e i r employments," They had no direct contact with the people and worked exclusively under the governor with no r e s p o n s i b i l i t y to the assembly when i t was granted* It i s natural, without taking into consideration the other p e c u l i a r i t i e s of the colonies, that such a govern-ment should be autocratic. The council was to act s o l e l y i n an advisory capacity to the governor* Hot so i n Washington T e r r i t o r y where the council took an active part i n p o l i t i c a l a f f a i r s and acted as an e f fect ive check on the popular assembly. (41) Memoir I I , p.8. The c o u n c i l of Vancouver I s l a n d did not hold an annual session as the Washington c o u n c i l was required to do, but met f o r business as occasion or the governor demanded* B r i t i s h Columbia d i d not achieve responsible government u n t i l union with Canada i n I 8 7 I . The T e r r i t o r y of Washington d i d not posses responsible government i n the B r i t i s h sense of the word, and s t i l l does not possess i t today* Responsible government, as f i r s t worked out i n Canada, embodies the p r i n c i p l e of executive r e s p o n s i b i l i t y to the l e g i s l a t u r e and the r e s p o n s i b i l i t y of the l e g i s l a t u r e to the people. The American b e l i e v e s , not i n the coordination of powers, but i n the theory of the separation of powers, making sure that the executive and the l e g i s l a t u r e s h a l l be e n t i r e l y independent of each other. Washington i s governed under t h i s doctrine while B r i t i s h Columbia has responsible government* In the t e r r i t o r i a l days of Washington and the c o l o n i a l period of B r i t i s h Columbia, government was of a re p r e s e n t a t i v e type. That i s to say, the l e g i s l a t u r e i s e l e c t e d but the executive i s e n t i r e l y independent of i t and responsible to some t h i r d p arty. In the case of ?/ashington T e r r i t o r y , the executive was responsible t o the United States Government, and i n the B r i t i s h c o l o n i e s the executive was re s p o n s i b l e to the C o l o n i a l office., Thus, the e l e c t i v e assemblies of the two colonies were of a s i m i l a r r e p r e s e n t a t i v e type, but the s i m i l a r i t y ends there. In Washington T e r r i t o r y the assembly was a democratic i n s t i t u t i o n of eighteen members e l e c t e d as the c o u n c i l * Property q u a l i f i c a t i o n s f o r members were not r e q u i r e d . The S o l o n i a l assembly could, by no s t r e t c h of the imagination, be 94* c a l l e d democratic. Candidates f o r the assembly of Vancouver I s l a n d must posses property worth at l e a s t £300. The e l e c t o r s (42) themselves must be the free h o l d owners of twenty acres or more. No true e l e c t i v e assembly was ever created f o r the colony of B r i t i s h Columbia. Representation when granted was w i t h i n the framework of the L e g i s l a t i v e Council and could e a s i l y be out-voted* In the f i r s t session of the Washington t e r r i t o r i a l (43) l e g i s l a t u r e One hundred and twenty-five acts were passed, but as Bancroft says of the assembly of Vancouver I s l a n d ; "After the performance of t h e i r important d u t i e s , which appear p r i n c i p a l l y to have been p r o v i s i o n f o r the payment of t h e i r (44) own expenses, the f i r s t house of assembly lapsed i n t o obliviorU' The assemblies of both American and B r i t i s h c o l o n i e s were to conduct the business of the colony but t h i s was only good on paper i n the case of Vancouver i s l a n d because of the c o n t r o l of the Hudson 1 s bay Company over lands and p u b l i c works under - (45) t h e i r grant o f 1849. I t was not u n t i l the grant was terminated i n 1859 that the B r i t i s h colonies assumed the measures of c o n t r o l granted t o them. The f i r s t assembly was prorogued i n 1859 arid the second House sat from March i860 to February 1863* During t h i s period there were four sessions i n (42) Memoir I I , p.29. (43) H. H. Bancroft, H i s t o r y of Washington, p.85. 4 > B.C.,p.327. (45) P r i n t e d i n .Howay & S c h o l e f i e l d , v o l . 1 . Appendix _.III,pp. 676-8O. All'revenues derived from land s a l e s , c o a l mining and so f o r t h were to be c o l l e c t e d by the Company and l e s s the 10°/. allowed as p r o f i t to the Company were t o be a p p l i e d towards the c o l o n i z a t i o n and improvement of the i s l a n d . Page,679. a l l . There were three sessions to the t h i r d House which 95 • \' • ' (46) sat from September 1863 to August 1866. Although these houses sat very regularly and attended very c a r e f u l l y to a l l matters which came before them, they did not control the l e g i s l a t i o n . Governor Douglas could, and did, l e g i s l a t e by proclamation without any reference to the assembly. Such a condition would not arise i n Washington Territory, where the assembly was supreme and the majority of b i l l s and lax^s were proposed or originated i n that body and were not mere suggest-ions or commands of the Governor. The governor i n Washington Te r r i t o r y could not control the assembly as Douglas did i n Vancouver Island. In fa c t , Stevens, the f i r s t governor of the t e r r i t o r y , was roundly censured for certain of his actions even to the extent of both the assembly and the eouncil (47) passing condemnatory resolutions. In the American t e r r i t o r i a l system there i s a definite l i n k , besides that of na t i o n a l i t y , between the people of the t e r r i t o r y and the United States Government, This l i n k was embodied i n the elected delegate of the people of the t e r r i t o r y to Congress. He had the power to represent the t e r r i t o r y at the national government; the power to debate on questions but not the power to vote. There was no such l i n k in the B r i t i s h colonies. There was no representation from any colony i n London to influence government p o l i c y . I f there had been, the American colonies might not have been l o s t ; but this question of B r i t i s h c o l o n i a l p o l i c y had been settled before the American Revolution and was never reopened. •. Both mother countries reserved the right to veto T4b) Year Book of B.C.,18^75 edited by R.ll.Gosnell, p.Ilk. 96. c o l o n i a l l e g i s l a t i o n ; This was a safeguard that even the united States, so l i b e r a l i n i t s colonial policy, deemed necessary* This right was reserved i n Section Six of the ( 4 8 ) ( 4 9 ) Organic Act. and i n the Commission and Instructions issued to Blanshard and to Douglas on the creation of B r i t i s h Columbia* When i t came time for B r i t i s h Columbia to enter the Dominion of Canada t h i s veto power was retained and held (50) by the Governor-General i n Council* This i s one of the fundamental differences between Canada and the United States. There i s no power l i k e this i n the United States constitution* The State of" Washington i s a sovereign power and any laws made by i t for the benefit of i t s own state cannot be annulled by Hhe^ Federal Government. Washington, as with a l l the states, possesses the amplest powers of l e g i s l a t i o n within the frames work of i t s own constitution* and subject only to the prohibition and l i m i t a t i o n s of the United States. The American States and t e r r i t o r i e s were made more s e l f - r e l i a n t by th e i r c o l o n i a l system than B r i t i s h Columbia or Vancouver Island ever were, regardless of how far they were distant from the mother country* Washington T e r r i t o r y was formed on the insistence of the people, and they helped draw up i t s cons t i t u t i o n . S i m i l a r l y when they sought statehood, they, the people of Washington Te r r i t o r y , i n convention assembled, upon the authorization of the Federal Government, drew up their own state constitution* There were, of course, (48) Statutes of Washington, 1854;55, P'35. (49) Memoir I I , p."7. (50) B r i t i s h Worth America Act, Section 90, p.l6. (fort) \<pti J*<W Ltt**J> a ^ ^ ^ ^ - j/cjo^^t- Co^l^-7.1 • certain l i m i t a t i o n s relating to Indians, r e l i g i o u s toleration and schools. Further, t h i s constitution had f i r s t to he r a t i f i e d by the people of Washington Te r r i t o r y and not u n t i l then eould the state be admitted, B r i t i s h Columbia entered Confederation i n an e n t i r e l y d i f f e r e n t manner* The p o l i t i c a l constitution of the province i s derived from the B r i t i s h North America Act, which stated d e f i n i t e l y the kind of government each province was to have. The people of B r i t i s h Columbia had no voice i n the formation of t h i s part of their constitution. Theirs i s i d e n t i c a l with those of the other provinces i n a l l respects, as to general powers.and l i m i t a t i o n of authority, while on the other side of the 'line* the constitutions of the American states d i f f e r widely from each other. The remainder of the act admitting B r i t i s h Columbia i s " i n the nature of a treaty", These 'terms of union' were bargained for with the Federal Govern-ment and pertain to the building of a r a i l r o a d , mail service to San Francisco, the number of representatives i n the Dominion parliament, and the trusteeship of Indians. This B r i t i s h North America Act, the constitution of the Dominion of Canada, contains provisions for the admission of new states, provinces, or t e r r i t o r i e s to the Federation, and i t provided expressly for the subsequent admission of B r i t i s h Columbia on the receipt of addresses to the Crown from both houses of the Dominion Parliament and from the l e g i s l a t u r e of B r i t i s h (52) Columbia. Although the people of B r i t i s h Columbia were (51) C. H, Lugrin, Canada and i t s Provinces, Yol . 2 2,p . 3 5 7 . (52) B r i t i s h . North America Act, Section 146, p.28. anxious to- enter Confederation i t was more the p o l i c y and wish of the Colonial Office and S i r John A. Macdonald, Prime (53) Minister of Canada, that eventually achieved the desired r e s u l t . With Washington T e r r i t o r y this play of national p o l i t c s worked i n an opposite manner. It was the wish of Washington T e r r i t o r y to enter the Union long before the Federal Government thought they were ready. Washington T e r r i t o r y framed a state constitution i n 1878 which had been rejected by Congress, who were opposed to the admission of what they f e l t sure would be another Republican state. In a l l from the f i r s t suggestion of statehood i n 1869, i t took Washington T e r r i t o r y twenty years to accomplish her desired objective. No less than three admission b i l l s were rejected i n the years 1877 to 1 8 8 6 . This same condition as attained or thrust upon B r i t i s h Columbia within the short space of (54) four years from the time i t was f i r s t advocated. (53) nThe Canadian Government desires union with B r i t i s h . Columbia and have opened communications with the Imperial Government on the subject.*' T i l l e y to Selley, Ottawa, March 25, 1868, Given i n Begg, p.377. (54) Amor de Cosmos moves in Council i n I867 that B r i t i s h Columbia join the coming Confederation of the eastern provinces. 9 9 . CHAPTER VII DIFFERENCES IN.THE VARIOUS BRANCHESJOFGOVERHMEHT "A" Laws Enacted by the I n i t i a l Assembly of T e r r i t o r y and of Colony Governor Douglas in his despatch of May 22, 1856 to Henry Labouchere, Secretary of State f o r the Colonies, admitted that he possessed but a !very slender knowledge of l e g i s l a t i o n * It was true; and the same remark might apply well to the constitutional development of B r i t i s h Columbia p r i o r to 11) federation. The Washington T e r r i t o r i a l Legislature seems, on the other hand, to have been well read i n the matters of l e g i s l a t i o n , and the laws passed by them were of a high order. In the addresses of Governor Stevens to the f i r s t l e g i s l a t u r e of Washington T e r r i t o r y and of Governor Douglas to the f i r s t assembly of Vancouver Island three years l a t e r , the diffe r e n t l e v e l s of p o l i t i c a l advancement can be c l e a r l y seen. Douglas seems to speak down to the members while Stevens (2) speaks to them as fellow Individuals. The address of Douglas i s couched i n high sounding phrases that belied the actual conditions i n the colony. "Above a l l the ringing sentences of the address must have seemed just a l i t t l e r i d iculous to the seven members of the assembly, the three or four members of the council, the chief j u s t i c e , the chaplain, and the schoolmaster who was soon to be appointed to act as clerk of the Assembly, (1) W. N. Sage, From Colony to Province, B r i t i s h Columbia H i s t o r i c a l Quarterly, V o l . I l l , p.2. (2) The f u l l text i s i n Memoir I I I , pp . 13-15. 100. for t h i s l i t t l e group of less than a score of persons were (3) the audience who l i s t e n e d to the orator on t h i s occasion." Both addresses give a glowing account of the country, i t s natural advantages f o r trade and commerce, i t s unbounded resources, and the greatness to come i n the future. With the exception of the suggestion that the Beciprocity Treaty be extended to the P a c i f i c coast, Douglas offered no constructive ideas or p o l i c y to follow. He merely says that "the demands upon the public revenue w i l l at present c h i e f l y arise from the improvements of the i n t e r n a l communications of the country, and providing for the education of the young, the erection of places for public worship, the defense <3f the country and the H ) administration of j u s t i c e ; " but offers no way i n whieh these (5) expenditures can be met* Governor Stevens couched his speech i n more emphatic words, c a l l i n g immediately for the erection of schools, the b u i l d i n g of roads, the need for a code of law, the defense of the t e r r i t o r y ; and he advised the immediate memorializing of Congress for a number of things including a grant of money with \?hich to make treaties with the Indians. The Washington Legislature i n i t s f i r s t session carried out a l l the suggestions of the Governor* The f i r s t law was an aet to provide for a board of commissioners to prepare a code of laws for the t e r r i t o r y . A sum of f55,000 was appropriated for roads* A school ; system was inaugurated and provisions made for a t e r r i t o r i a l university* The capitol was established at Qlympia. J u d i c i a l d i s t r i c t s were defined (3) WiiM* Sage, S i r James Douglas,p.1?5. (4) Memoir I I I , p.15. (5) House Journal, 1§54, p.128. and counties\formed. Land laws and Indian t i t l e s to land were fixed and f1 0 0 , 0 0 appropriated to make treaties with the (6) Indians* Thus Washington T e r r i t o r y got a real s t a r t . No such impressive l i s t of laws were enacted by Vancouver Island's f i r s t assembly. Some measures, such as schools, had been provided before by the council and, as the Hudson's Bay Company, conducted land sales, collected royal-i t i e s and timber duties, the House only had at i t s command the revenue derived fromliquor licenses. Not much headway could be made in such a si t u a t i o n and besides passing a b i l l for the payment of the ordinary expenses of the House, the parliamentary duties were not very onerous* This f i r s t vote of supply was passed by the Assembly i n December, 1856 and amounted to £130, of which £50 was to be paid to the governor to defray the cost of copies of public documents furnished to (7) the assembly. The most the Assembly could do was to ask for information on a subject. In t h i s manner the Assembly widened i t s scope but not i t s sovereignty* To point out an instant of simple comparison, the book containing the Statutes of the T e r r i t o r y of Washington for 1854-55 covers over four hundred pages while the Minute book of the House of Assembly for 1856-58 contains only f i f t y - s i x pages; To further show the advanced stage of Washington T e r r i t o r y l e g i s l a t i o n as compared to that of Vancouver Island i t might be noted that as early as the f i r s t session of the (6) Laws of the T e r r i t o r y of Washington, 1854. (7) Memoir I I I , p*27. Washington " T e r r i t o r i a l Legislature, two b i l l s were brought before the House; one sponsoring woman suffrage, and the other advocating p r o h i b i t i o n . The attempt made by A. A. Denny to (8) allow females over eighteen to vote was l o s t by only one vote. The measure for prohibition, however, was overwhelmingly defeated; During the early days of B r i t i s h Columbia and Washington, customs, s o c i a l conventions, and a l l other aspects of pioneer l i f e were p r a c t i c a l l y the same on each side of the international boundary. The processes by which the wilderness was subdued, homes multiplied, c i t i e s b u i l t , and a c i v i l i z a t i o n developed i n these remote and once inaccessible regions ivere similar for the entire P a c i f i c Northwest* The pioneer s e t t l e r s were of the same type and c a l i b r e and i t i s only when p o l i t i c a l i n s t i t u t i o n s began to develop that any great difference i s noticed. The Washington pioneers were fa r more p o l i t i c a l l y minded and p o l i t i c a l l y educated than th e i r brothers and s i s t e r s i n the B r i t i s h colonies; Having representative i n s t i t u t i o n s from the beginning t h e i r p o l i t i c a l education was not delayed* The inhabitants of Vancouver Island were smothered by the monopoly of the Hudson's Bay Company and thus slow to develop p o l i t i c a l l y * B r i t i s h Columbia was not so smothered, but n<rt nevertheless i t s p o l i t i c a l advancement was c e r t a i n l y A o n a par with that of Washington Territory* Immediately after admission as a t e r r i t o r y , p o l i t i c a l parties were organized i n Washington, but these do not make th e i r appearance i n B r i t i s h Columbia u n t i l 1903. (3) House Journal, Washington Territory, 1854,p.98. (?/}i> They were organized f o r the federal elections soon afte 1871 but did not appear i n the provincial f i e l d u n t i l 1903. It. i s by way of C a l i f o r n i a that the most ardent reformer of those days came to the B r i t i s h Northwest. This was Amor De Cosmos, and be brought with him a device long used in Washington T e r r i t o r y , that of the public meeting for the pioneers to organize and air their views. He also established one of the f i r s t newspapers i n the colony the ' B r i t i s h Colonist* at V i c t o r i a i n December, 1858* Newspapers had been printed in Washington T e r r i t o r y since September l8j?2, when the •Columbian' was established to fight for the then proposed t e r r i t o r y . There were no reformers l i k e Amor De Cosmos, except for woman suffrage* i n Washington Territory* There was no need for them* Their constitution was l i b e r a l and comprehensive enough. When the pioneers of B r i t i s h Columbia did f i n a l l y awake to the fact of c o l o n i a l servitude, they met their problems adequately,and by the means of repeated memorials brought them to the attention of the Home Government. In th e i r growth they encountered similar problems p o l i t i c a l l y and c o n s t i t u t i o n a l l y as the older provinces i n the east; but they solved them peacefully and without recourse to r e b e l l i o n . "B» The Franchise 104. The t e r r i t o r i a l franchise was f a r more l i b e r a l than that of Vancouver island'or B r i t i s h Columbia* i n the o r i g i n a l Ordinance of 1787, the foundation of American western policy, property q u a l i f i c a t i o n s ere i n s i s t e d on; f i f t y acres for voters two hundred acres for representatives, and f i v e hundred for (9) councillors. But as we have seen, no such provisions were made in the Washington Organic Act while l i k e measures were included i n the constitution provided for Vancouver Island by the B r i t i s h crown. The Organic Act gave to the t e r r i t o r i a l l e g i s l a t u r e the right to set i t s own elective franchise. Throughout i t s t e r r i t o r i a l years, Washington was constantly experimenting with the franchise* i\io less than seven amend-(10) ments were made to the Franchise Act i n t h i s period. The o r i g i n a l franchise granted i n the Organic Act was very l i b e r a l ; i t gave the vote to every white male inhabitant above the age of twenty-one years, c i t i z e n of the United States, who s h a l l have taken an oath to support the Constitution and the Organic (11) .act. The f i r s t problem that had to be settled was the question of the half-breeds. This was done under the Act of January 31, 1867, when male half-breeds over twenty-one years of age, who could read and write and had adopted the habits of the whites, and who had not borne arms against the United States, and had resided i n the t e r r i t o r y six months, were (9) C* E. Carter, M i t o r , The T e r r i t o r i a l Papers of the United States, v o l . I I . (10) S t e l l a E. Pearce, Suffrage i n the P a c i f i c Northwest, Washington H i s t o r i c a l Quarterly, v o l . I l l , p.110. UD S t a t u t e s of the T e r r i t o r y of Washington, 1854-35, Organic A c t> P.35* 112) 105. allowed to-vote. This law also renewed the controversy over woman suffrage because i t stated that f a l l white American c i t i z e n s twenty-one years of age* were given the vote. In I87O several women were given the vote under t h i s act. To straighten t h i s out, the next year a law was passed e x p l i c i t l y denying the vote to women '"until the Congress of the United (1?) States of America s h a l l make i t the supreme law of the land.* Yet i n I877 the right'of! suffrage at school elections was (14) given to women and was never rescinded. In 1886 the franchise i n general elections was d e f i n i t e l y given to women under a law which read, " A l l American c i t i z e n s , male and female, a l l American half ^ "breeds, male and female, who have adopted the habits of whites, and a l l other inhabitants, male and female," (15) s h a l l have the vote." Under t h i s law, the le g i s l a t u r e of 1887-88 was..elected by both male and female votes* However, in drafting the state constitution, woman suffrage was refused, except i n school elections, and i t was not* u n t i l 1910 that i t was f i n a l l y , irrevocably granted* In speaking of suffrage i n Vancouver i s l a n d before the assembly, Governor Douglas emphasized, "I am u t t e r l y averse to universal suffrage, or making population the basis of (12) Laws of Washington Territory* l 8 6 7,p . 5 . ( l j ) Laws of the T e r r i t o r y of Washington, 1871, p.175 (14) S t e l l a E. Pearce, O p . c i t . , p . l l l * (15) Laws of Washington Ter r i t o r y , 1886, p . l l j . 106* representation; but I think i t expedient to extend the franchise of a l l persons holding a fixed property stake, (16) whether houses or lands, i n the colony." Douglas' hypothesis was right, for property q u a l i f i c a t i o n s were demanded for both members and voters, for a member £300 freehold (17) property, and for a voter, twenty acres freehold. Thus., ultra-conservative r e s t r i c t i o n s were placed on the franchise at the very beginning, and i t never became as l i b e r a l and unrestricted as i t was i n Washington Ter r i t o r y . HbY/ever, the franchise was widened s l i g h t l y by a b i l l passed June 1, 1857 > but i t did not become ef f e c t i v e u n t i l , • (18) A p r i l 16, I 8 5 ? due to Douglas' intervention or carelessness. This b i l l granted suffrage to those voters of V i c t o r i a who possessed "freehold property consisting of buildings or houses (19) of the value of £50 s t e r l i n g and upwards," and also to persons "who s h a l l have occupied said house property for twelve months previous to exercising the said right, at a rental of (16) Memoir I I I , preface, p.7. (17) Memoir II,p.2 9 . (18) After the b i l l was passed i t was sent immediately to Douglas for his approval. He did not reply* On December 19,1857 he was asked as to the fate of the b i l l . He r e p l i e d "that i t was s t i l l under consideration".(Memoir IV, House of Assembly Correspondence Book, p.42) This reply was given on November 8 , 1858. Nothing more was done u n t i l on January 11, 1859 he was again asked by the Assembly, this time a result was achieved for the b i l l was placed before the Council March 23* 1859 and approved ' A p r i l 16. For a f u l l e r account see W.- N. Sage, Early Days of Representative Government i n B r i t i s h Columbia, Canadian H i s t o r i c a l Review, Vol*III,p , l 6 2 - 6 3 . (19) Memoir III,p.3 5 . (20) 107. £10 s t e r l i n g per annum for the entire building so occupied." On the i n s t i t u t i o n of the p a r t i a l l y elected council i n B r i t i s h Columbia, no q u a l i f i c a t i o n s were set for members OT (21) voters. A few of the d i s t r i c t s set a f a i r l y high property q u a l i f i c a t i o n for both voters and representatives, but in other d i s t r i c t s aliens and Chinese were allowed to vote* In March I 8 7 I , in preparation for Confederation, an act was passed e n t i t l e d the 'Q u a l i f i c a t i o n and Registration of Yoters Act of . (22) 1871*' This act stated that representatives i n the l e g i s l a t i v e council be resident i n the eolony for at least one year before his e l e c t i o n . Ministers were barred from the le g i s l a t u r e * The franchise was unusually r e s t r i c t i v e . The elector, i f a B r i t i s h subject, must be able to read the English language, or, i f a foreign-born subject, must be able to read the language of his native country, and must have resided i n the eolony f o r six months. He must possess a freehold estate, situated within his e l e c t o r a l d i s t r i c t of the clear value of §250,00 or a leasehold estate of the annual value of $40 .00, or be a householder or lodger occupying premises or apartments rented at the same valuation, or pay for board and lodging at least $ 2 0 0 . 0 0 a year, or must hold a duly recorded preemption claim or mining licen s e , the former of not.;Jess than one hundred acres. I t i s easy to see how much more enlightened was the (20) Memoir III,p.38* (21) W* N. Sage, S i r James Douglas, p.329. These were New Westminster and Douglas-Lilloet. (22) Acts of L e g i s l a t i v e Council of B r i t i s h Columbia, 1 8 7 I , JNo.12 of. 3 4 t h , V i c t o r i a . f r a n c h i s e of .Washington T e r r i t o r y ant the reason f o r the 1 0 8 * greater p o l i t i c a l advancement of that t e r r i t o r y and i t s people. 109* "C" Education In the matter of schools and education, Washington (2J) Ter r i t o r y , again, was far ahead of the B r i t i s h colonies. The Organic Act made provision that two sections i n each township should be set aside for the support of common schools, Tfhe f i r s t l e g i s l a t i v e assembly, by an act approved A p r i l 24, 1854, established a t e r r i t o r i a l school system whose highest o f f i c e r was an elected county superintendent acting only i n and for the respective eountyi Because i t shows the advanced stage of education in Washington T e r r i t o r y at this early date i t i s best to summarise this act* It provided for an irre d u c i b l e fund to be fed from the sale of school lands, interest from which was to be applied to school purposes; (b) county commissioners must levy an annual tax of two m i l l s for teachers 1 s a l a r i e s only; (°) school d i s t r i c t s must each raise "by tax or otherwise ... for the support of teachers" an amount eaual to the apportionment of the county fund i n order (24) to benefit from that fund; (d) the d i s t r i c t school electors might vote a spe c i a l tax for buildings, equipment, and (25) maintenance; (e) " d i s t r i c t meetings legally- c a l l e d s h a l l have the power to levy a tax upon the property of the d i s t r i c t for any purpose whatever., connected with, and for the benefit (23) A d i s t r i c t school was reported in P a c i f i c County i n I.850. '- Several counties had d i s t r i c t schools as early as I 8 5 4 , H* G* Raymer, Educational Development i n the Ter r i t o r y of Washington, Vol. XVIII, note 4, p.164. (24) Laws of the T e r r i t o r y of Washington, 1854, Chapter IV, Section 8. (25) Ibid, Chapter I I I , Section 16* (26) 110 . of schools*and for the promotion of education i n the d i s t r i c t " ; (f) a l l fines paid into the County Treasury were to go into the current school fund. A l l t h i s was prepared well i n advance when there could not have been more than ten schools in the (2?) t e r r i t o r y . A uni v e r s i t y was provided for by this same le g i s l a t u r e but a start was not made u n t i l 1861. In 1871 the o f f i c e of T e r r i t o r i a l Superintendent of Common Schools was (28) established and a Board of Education was created i n 1 8 7 8 . Under this l i b e r a l Washington system, the people had control of t h e i r schools through t h e i r elected county school boards (after 1877 by both males and females). Such an advanced situ a t i o n never existed in the B r i t i s h colonies, where educational f a c i l i t i e s , when they were begun, were kept under the control of the governor and council. As soon as the colony of Tancouver Island was organized, arrangements were made by the Hudson's Bay Company to provide free education for the children of the employees of (29) the Company and for those of the other s e t t l e r s at Fort Victoria. (26) Laws of the T e r r i t o r y of Washington, 1854, Chapter Iv, s Section 4 . (27) Raymer, Op.cit., p . 1 6 6 - 1 6 7 . (28) Kingston i n An Outline of the P a c i f i c Northwest, Chapter XIV, gives the following s t a t i s t i c s for Washington schools. i 8 6 0 ... 46 teachers'... 46 public schools 879 pupils 1870 . . . 158 " . . . 1 5 4 « " 4,760 « I 8 7 2 . . . : - " *' . . . 1 8 9 " " 5 ,928 1880 . . . 531 " ...531 tt " 14 , 7 8 0 1890 . . . 1,610 " . . . 8 3 6 « .« 55*432 » (29) Begg, Op.cit., page 464. A Reverend'Staines was brought out as the f i r s t chaplain and teacher. In March, I 8 3 3 , the subject of education was taken up by- the Council for the f i r s t time. They decided to (30) open two schools, one at Maple Point and another at V i c t o r i a . Fees were to be charged for the board of the pupils at each ( 3 D school, at eighteen guineas per annum. For several years these schools supplied the educational needs of the community, which, i t i s needless to say, at that period were limited. Reverend Edward Cridge, who had succeeded the Reverend Staines^ i n 1853, was made acting Superintendent of • (32) Education and drew up an ill u m i n a t i n g report August 27,1861. In this report i t appears that public schools, but not free public schools, had been opened at V i c t o r i a , Craigflower and . (33) NanMmo.. Besides these there were two private schools at V i c t o r i a . However, i t was not u n t i l 1865 that the l e g i s l a t i v e assembly of Vancouver Island attempted to pass any comprehen-sive l e g i s l a t i o n dealing with public schools. In that year, on an act May 13, there -was passed, establishing a free school system and A (34) setting apart a sum of money for that purpose. . The governor was given power to appoint a general board of (30) Memoir II, p.19* (31) Ibid,p.2 3 . (32) Alexander Robinson, History of Education, Canada and i t s Provinces, Vol . 2 2 , p.404-407, gives this report in f u l l . 133) There were ninety pupils i n the three schools. Ibid, p.405. (34) Ibid, p.408. education, 'the superintendent, the l o c a l board, and even the teachers. Schools were to be free and non-sectarian. The cost of maintaining the schools was to be met by government grant. This appeared to be an honest attempt to set up adequate school system* A l f r e d Waddington was appointed superintendent, and a general board of education was established. L i t t l e , however, was accomplished because of the huge debt of the colony. By the time of the union with B r i t i s h Columbia, school a f f a i r s were neglected* In B r i t i s h Columbia sectarian schools were establish-ed i n 1862, but there was never any school l e g i s l a t i o n , when the colonies were united Governor Seymour did not believe in (36) the burden of schooling f a l l i n g on the government. Nothing was done u n t i l 1869> when, on March 13, 18S9, 'An Ordinance to establish Public Schools throughout the Colony of B r i t i s h Columbia* was passed. In some ways thi s ordinance was not as progressive as the Act of 1865* No provision was made for an executive o f f i c e r to control the schools; the governor-in-council was given supreme power. Local boards, however, were created* These were to be elected and contain not more than (33) Begg, page 467 says there were only twelve schools i n the united colonies. On page 468 he gives an outline of the condition of education in 1869. "The average attendance at each school was less than 30, out of a school population l i t t l e short of 2000. No regular accounts were kept by the l o c a l boards.- Teachers were appointed without examination as to f i t n e s s , and sometimes without inquiry as to character* There was no inspection .. and no reg-ulations other than those framed by the l o c a l boards, existed as to management* (36) See Governor Seymour's speech of January 24, 1867; given i n Alexander Robinson, Op.cit., p*414-4l6* 113. three trustees* These hoards were given somewhat extensive powers, c h i e f l y that of r a i s i n g additional money by t u i t i o n fees or other means, above that of the government grant of §500.00. The schools were non-sectarian but they were not free. This ordinance was never successful and i t was not u n t i l 1872 that a Public School Act was passed setting up an appropriate modern system of education. Thus the f i r s t schools i n the B r i t i s h colonies were under the clergy and were sectarian. The f i r s t public schools were controlled by the government because a l l salaries and expenses were paid by i t . B r i t i s h Columbia became a province before i t established a public school system comparable to the one established by Washington T e r r i t o r y i n the f i r s t years of (37) the t e r r i t o r y . . . __. . (37) Howay & Scholefield, B r i t i s h Columbia, Vol..I, p.625 gives . the following s t a t i s t i c s for schools i n B r i t i s h Columbia after Confederation: I872 . . » . * • 25 schools 1,028 pupils 1882 59 . 11 . . . . . . 2,700 1892 * . 169 '•' . . . . . . 11,500 » 114. "D" J u d i c i a l System In the administration of justice, Vancouver Island and'British Columbia did not lag far behind Washington T e r r i t o r y . Under the grant of 184? the crown was empowered to make provision for the administration of justice i n the island and for that purpose to establish courts with such jurisdiction as Her Majesty might deem right , and to appoint the necessary "Judges, Justices, and such m i n i s t e r i a l o f f i c e r s for the administration and execution of justice in the said Island as ( 3 8 ) Her Majesty s h a l l think f i t and di r e c t . " Dr. Helmcken was appointed justice of the peace by Governor Blanshard, but nothing further was done toward establishing a regular court u n t i l 1833* In March of that year the Council set up (39) magistrates and justices of the peace and in September, a Court of Common Pleas was established "wherein the damages (40) s h a l l not exceed the sum of £2,000 s t e r l i n g money." David Cameron was appointed judge of this court and also of the (41) Supreme Court of C i v i l Justice established December 2, 1853. On the founding of B r i t i s h Columbia i n 1858, Matthew Begbie was sent ouf as judge and l a t e r a Supreme Court of C i v i l Justice of B r i t i s h Columbia was constituted June 8, 1859. Judge ( l a t e r S i r Matthew) Begbie was made Chief Justice of this court and of the Supreme Court of Vancouver Island but the two continued t h e i r separate existences u n t i l I87O when they were amalgamated. Magistrates and justices of the peace were also T38) Given i n Hbway & Schofield vol.1, Appendix X.III,p.byb-ou. (39) Memoir II,p.18. (40) Ibid,p.21. (41) Ibid,p.2 3 . appointed'in B r i t i s h Columbia. When the B r i t i s h Columbia courts were established, the j u r i s d i c t i o n of the courts of Canada which had previously been extended over the region, was annulled and the c i v i l and criminal laws of England »sO far as the same are not from l o c a l circumstances inapplicable' were introduced into the colony* Throughout t h e i r existence, Vancouver Island and B r i t i s h Columbia maintained B r i t i s h law and justice in a high degree* Judge Cameron and more notably, Judge Begbie, performed services that are d i f f i c u l t to over-rate. Bancroft says of Begbie: " A l l through his long and honourable career he was more guardian than judge. He was not s a t i s f i e d to s i t upon the bench and with owl-like gravity l i s t e n to the wranglings of counsel hired for the defeating of the law's intention, and with much winking and blinking to decide according to law and then go unconcernedly to dinner. He f e l t the peace and good behavior of the whole country to be his immediate care, and woe to any constable or magistrate d e r e l i c t i n his duty i n bringing criminals to justice* ..... The consequence of i t a l l was that never i n the p a c i f i c a t i o n and settlement of any section of America have there been Bo few disturbances, so few crimes against l i f e or property. And when we consider the clashing elements that came together just as Begbie reached the country, the nature and antecedents (42) of these wild, rough, and cunning men, i t i s wonderful," The jud i c i a r y of Washington T e r r i t y was provided for (43) i n the Organic Act, Section Nine. F u l l j u d i c i a l powers ^ ea?e (42) H. H*. Bancroft, History of B r i t i s h Columbia,p.431. (43) Laws of Washington Te r r i t o r y , l 8 5 4,p , 3 6 . were established by this act; a supreme court, d i s t r i c t courts, probate courts, and justices of the peace were created. The t e r r i t o r i a l courts were established from the start and did not come into existence slowly as those in the B r i t i s h colonies. The Chief Justice and the two associate justices appointed under the Organic Act were given a definite term of four years and not appointed for l i f e as were the judges in the B r i t i s h colonies* D i s t r i c t courts were to be held p e r i o d i c a l l y by one of the three justices of the Supreme Court, Washington T e r r i t o r y ' s f i r s t l e g i s l a t u r e appointed a committee to draw up a code of laws, something that was never done during the c o l o n i a l period of B r i t i s h Columbia * The Washington plan was more tangible than that pursued by B r i t i s h Columbia, but i t was none the more thorough than the justice meted out by the pioneer justices of the B r i t i s h Colonies, H 7 ? «<E" FINANCES•. In f i n a n c i a l a f f a i r s again Washington was more fortunate. The control of taxation and revenue was invested from the beginning i n the Washington l e g i s l a t u r e * Vancouver Island had no such control over revenue. The power of the purse was i n v e s t e ^ i n the Hudson's Bay Company. The control of land sales and of public works was given to the Company by the grant of 1849 and as the p r i n c i p a l revenue of the colony was derived from the sale of land, the Company and not the council or the assembly administered i t * However, the f i n a n c i a l resoures of the Island colony were almost n i l , far-sources of revenue were p r a c t i c a l l y non-existent. Liquor licenses provided the only revenue at the disposal of the (44) counoil and the assembly* V i c t o r i a vsas a free port and (44) When preparing f o r the revenue of the colony Governor Douglas proposed that "a duty should be charged on a l l licences granted to inns, public or beer houses, and i t was therefore resolved, That there s h a l l be levied, collected, and paid upon the licences hereby authorized the duties following, that is to say: For every wholesale licence, the annual sum of 100 pounds; for every r e t a i l l i cence, the sum of 120 pounds. The said duties to be under the management of the Governor and Council." Memoir II, p.18. Later when t h e ^ s ^ b j ^ a s ^ o p t i t u t e j i agd Douglas was asked as to the income under i t s control^only over the revenue raised i n the Colony, through the act of the general Legislature. The revenue derived from the tax on licenced houses i s therefore, I conceive, the only fund absolutely at our disposal; the proceeds a r i s i n g from Land Sales, Royalties, and Timber Duties being remitted and placed to the account of the Reserve .:Eund i n England, which i s , however, also exclusively applicable f o r Colonial purposes, with the exception of ten percent allowed by v i r t u e of the Charter of the Hudson's Bay Company* Memoir III,p.2 5 . Vancouver 'Island a fr e e trade colony, so no revenue was produced from that source. However, i t was by means of duties and taxes on goods imported and c a r r i e d i n l a n d , that the p u b l i c revenue of B r i t i s h Columbia was c h i e f l y r a i s e d . In a dispatch of A p r i l 22, l 8 6 l to the C o l o n i a l O f f i c e , Douglas reviews the p o s i t i o n of B r i t i s h Columbia as compared to that of Washington T e r r i t o r y i n the matter of t a x a t i o n . He states; "The people of B r i t i s h Columbia have c e r t a i n l y no reason to complain of t h e i r p u b l i c burdens, f o r the United s t a t e s t a r i f f which i s v i g o r o u s l y enforced i n the neighboring parts of Washington T e r r i t o r y , averages 25 percent on a l l f o r e i g n goods-s p i r i t s and other a r t i c l e s of l u x u r y excepted, on which a much higher r a t e of duty i s charged. The c i t i z e n of Washington T e r r i t o r y has also to pay the assessed road and school taxes, l e v i e d by.the T e r r i t o r i a l L e g i s l a t u r e , In contrast with these taxes, the import duty l e v i e d i n B r i t i s h Columbia i s only ten percent, with a s i m i l a r exception of s p i r i t s and a few a r t i c l e s of l u x u r y , which pay a higher duty; while a l l other taxes levied i n the colony are a l s o p r o p o r t i o n a t e l y low compared w i t h those (45) of Washington T e r r i t o r y , " Further on i n t h i s dispatch he closes with a few .observations on the f i n a n c i a l system of Vancouver I s l a n d i n contrast w i t h that of B r i t i s h Columbia. (45) This dispatch was w r i t t e n to discount a memorial asking f o r resident governor f o r B r i t i s h Columbia. Douglas to Newcastle, A p r i l 22, 1861, i n Despatches from Governor Douglas to the C o l o n i a l O f f i c e , v o l . i l l , p . 2 2 & 23. He states," "The public revenue of Vancouver Island i s 7 almost wholly derived from taxes levied d i r e c t l y on persons and professions, on trades and r e a l estate; on the other hand i t i s by means of duties and imposts, and on goods carried inland, that public revenue of B r i t i s h Columbia i s c h i e f l y raised. No other plan has been suggested by which a public revenue could be raised, that i s so p e r f e c t l y adapted to the circumstances of both colonies, or that could be substituted (46) or applied interchangeably with advantage to the s i s t e r colony? Douglas then gives as his reasons the fact that Vancouver Island could not export to England because of the distance and the expense. Neither could they export to the neighboring American t e r r i t o r i e s because of the high duties imposed by them and because of the s i m i l a r i t y of products produced there. "It was that state of things that originated the idea of creating a home market, and the advantageous position of V i c t o r i a suggested free trade as the means, which was from (47) henceforth adopted as a p o l i c y ..." He goes on to say, "The circumstances of B r i t i s h Columbia are materially different from those just described* That colony has large i n t e r n a l resources, which only require development to render i t power-f u l and wealthy. Its extensive gold f i e l d s furnish a highly (46) Douglas to Newcastle* A p r i l 2 2 , l 8 6 l , i n Despatches from Governor Douglas' to the Colonial Office, V o l . I l l , p . 2 7 . (47) Ibid,p.2 8 . remunerative export, and are rapidly attracting trade and population..The laws are framed i n the most l i b e r a l s n i r i t , U 8 ) studiously r e l i e v i n g miners from direct taxation..,." He explains that the government has opened the country by means of roads and t r a i l s , "The greatest d i f f i c u l t y was experienced in providing funds to meet the necessary large expenditure on those works, arid that object was accomplished by imposing an import duty on goods, as the only feasible means of producing (49) a revenue adequate to the public exigencies." Thus i t appears that the B r i t i s h colonies were not taxed so heavily as was Washington T e r r i t o r y . But while the Territory's taxes ?i/ere higher, i t had more control over i t s revenue. It seems that higher taxes were the price paid for a greater measure of s e l f government; In I 8 5 9 when the grant of the Hudson's Bay Company over Vancouver Island expired, the works formerly administered by them were taken over by the council and assembly of the colony. However the land sales were negli g i b l e and the additional services coupled with the lack of revenue soon plunged the Island into debt. Road t o l l s applied i n B r i t i s h (50) Columbia did not meet the expenditures on the vast undertakings. Consequently,, on the union of the two colonies i n 1866, the (48) Douglas to Newcastle, April , 1 8 6 1 , i n Despatches from Governor Douglas to the Colonial Office, Vol.III,p . 3 0 . (49) Ibid, p.31. (50) Total road expenditures i n 1862 were £91,952; t o t a l receipts from t o l l s were about | 6 , 0 0 0 per month. Begg, Op.cit. ,p.-358. ( 5 D 121. t o t a l debt" amounted to $1,500,000 while the revenue \ms (52) about $475,000. Out of this revenue, the colony had to provide for the C i v i l L i s t for an overpaid and over-staffed government. In Washington T e r r i t o r y the salaries of the o f f i c i a l s appointed by the Federal Government were paid by that government and not by the Te r r i t o r y . Decidedlyjterritorial government had: i t s advantages. The United States Government was constantly provid-ing aid for the t e r r i t o r y , including grants for the capitol, (53) roads, and other public works. As Bancroft says, "The l e g i s l a t o r s had at the outset the aid of the United States judges and men familar with law, besides having the govern-(54) ment at their back to defray a l l necessary expenses," Thus, although Washington T e r r i t o r y had a-greater measure of s e l f government than either Vancouver Island or B r i t i s h Columbia, i t , nevertheless, was more dependent f i n a n c i a l l y on the United States Federal Government than the B r i t i s h colonies were on Great B r i t a i n . S i r Edward Bulwer Lytton, Colonial.Secretary, (51) On the inception of B r i t i s h Columbia, Douglas had negotiated a loan of £100,000 at from the home govern-ment* Bancroft, History of B r i t i s h Columbia,p.417• (52) Howay & Scholefield,up.cit.,Vol,II,p.2 7 7 (53) In the f i r s t year of i t s existence, the United States Government gave Washington T e r r i t o r y §274,000 i n grants -|100,000 f o r Indian t r e a t i e s , $85,000 for roads, and | 8 9 , 0 0 0 for lighthouses and marine services. (54) H. H. Bancroft, History of Washington,p ,80. 122« speaking of B r i t i s h Columbia, maintained that the colony, unaided, must carry the burden of i t s own requirements. On one occasion he wrote, "It would be strange, indeed that this country should be c a l l e d upon to render pecuniary assistance to supply the ever-recurring wants of an infant settlement which has been actually forced into existence through the •(95) ample supplies of gold afforded by the country i t occupies*" Douglas in his opening speech to the f i r s t Vancouver Island Assembly says of that eolony, "Self-supporting and defraying a l l the expenses of i t s own Government, i t presents a s t r i k i n g (56) contrast to every other colony i n the B r i t i s h Empire." "In t h i s connection i t may be observed that i t s free port "and the t o t a l absence of any money subsidy or pecuniary assistance from the Imperial Government remained intact up to the year I 8 7 I (Confederation), the only colony i n the whole history of (57) B r i t i s h settlements of which the same can be said." It is amazing that Douglas was able to accomplish so much with so l i t t l e a i d from the Home Government and so l i t t l e revenue from the colonies themselves. Forced to borrow money for any appreciable undertaking, i t i s no wonder the colonies .accrued (55) Lytton to Douglas, A p r i l 12, 1859; B r i t i s h Columbia Papers, Pt . 2,p . 8 5 . (56) Memoir III,p.14. (57) R. E. Gosnell, editor, Year Book of B r i t i s h Columbia, V i c t o r i a , 1897,P*33. I 2 3 . such an enormous debt. The United States Government, however, f a i l e d to help the T e r r i t o r y when statehood came. When the t e r r i t o r y entered the .-..Union, i n I 8 8 9 i t s debts were not assumed by the United States but were passed on to the new state. B r i t i s h Columbia was more fortunate. The large debt i t had amassed was taken over by the Dominion Government in 1871 when B r i t i s h . ( 5 8 ) Columbia became a province. This dependence of the B r i t i s h colonies upon them-selves caused them to inaugurate their own postal currency and banking systems, such as they were, Washington Te r r i t o r y used the currency and the postal system off the United States and did not maintain a separate existence i n these matters. Under the Organic Act i t i s expressly forbidden the t e r r i t o r y "to incorporate a bank or any i n s t i t u t i o n with banking powers or to borrow money i n the name of the t e r r i t o r y , or to pledge the f a i t h of the people of the same for any loan whatever, d i r e c t l y or i n d i r e c t l y " and the t e r r i t o r y was not to "make, issue, or put into c i r c u l a t i o n any notes or b i l l s i n (5?) the likeness of bank notes." In I 8 5 4 a branch of the United States Mint was established at San Francisco so Washington Ter r i t o r y had an ample and near supply of United States coins and notes* The early banks i n Washington T e r r i t o r y evolved out {j?.8')-.VWhen Washington became a State i t s debt was $224,784*64 . (L.D.MeArdle,(director),Financial History of the State of Washington). While i n I87I, B r i t i s h Columbia's debt was approaching |2,000,000, but i t was small i n comparison to debts of other Canadian provinces* 159) Laws of Washington, 1 8 5 4 , Organic Act, section Six,p.35. \ 124. of some other type of business which had accumulated a surplus or acquired certain f a c i l i t i e s adaptable to banking. The so-called private, or unincorporated bank which depended so l e l y upon the honesty, judgement and f i n a n c i a l r e s p o n s i b i l i t y of the men who operated i t , was the usual type of bank during the early period* There was no regulation of banking. Banks of this early type operated u n t i l 1914 when they had to be incorporated. The f i r s t bank i n Ifashington T e r r i t o r y was (60) established i n 1869 by Amos H, Reynolds. It operated u n t i l 1879 when i t became the nucleus about which the F i r s t National Bank was organized. Other early banks established by groups of wealthy pioneers were Dexter Horton & Company of Seattle, and Baker and Boyer. In the B r i t i s h colonies any private company could conduct a general banking business and issue notes u n t i l l86j? _ ( 6 i ) when only chartered banks were allowed this p r i v i l e g e . The needs of Vancouver Island-for banking i n s t i t u t i o n s were not extensive before the gold rush. From the f i r s t the Hudson's Bay Company had f i l l e d the gap as emergency bankers. In I 8 5 8 , however, Wells Fargo and Company opened a branch at V i c t o r i a and "were prepared to transact a Banking as well as an Express (62) business" The, next company, and direct competitors t.o T ( 6 l ) This was the Bank Note Act of 1 8 6 4 passed by the Assembly of Vancouver Island, After l86fo t h i s law applied to the united colony* \(62) V i c t o r i a Gazette, July 24, 1 8 5 8 , 1 : 9 : 2 . (60) R. N. Knight, Background of Banking i n Early Washington, Washington H i s t o r i c a l Quarterly, Vol.XXVI,p.245. Wells FargOjwas Maedonald and Company which existed u n t i l 1864 when i t f a i l e d . Both these companies came to Vancouver Island from San Francisco* At the outset English bankers took no steps to participate i n the p r o f i t s of the Eraser River gold f i e l d s * However, i n 1859 a branch of the Bank of B r i t i s h North America was established at V i c t o r i a , this bank being the (63) f i r s t i n the colony to issue paper notes. In 1862 the Bank of B r i t i s h Columbia was chartered. Both t h i s bank and the Bank of B r i t i s h North America opened branches i n the colony of B r i t i s h Columbia. The B r i t i s h colonies were given authority to mint t h e i r own coins but.the few coins minted never went into (64) c i r c u l a t i o n . These coins were to be i n do l l a r s ; B r i t i s h coins were shipped out to the colonies from England but American coins were used as much as were the B r i t i s h . In fact i n 1863 an Ordinance was passed making United States coins-(63) R* N* Beattie, Thesis, Banking i n Colonial B r i t i s h Columbia, p.37 & 69* (64) B r i t i s h Columbia gold was being shipped to the mint, at San Francisco and the colonies were i n urgent need of an established currency, so Douglas instructed Captain W. D r i s c o l l Gosset i n I858 the Colonial Treasurer of B r i t i s h Columbia, to prepare a report on a proposed mint for B r i t i s h Columbia. Gosset went ahead and the machinery was purchased i n San Francisco and set up i n New Westminster* But instead of operating, Gosset was inform-ed to "grease i t and lay i t away". By 1862 the mint farce was over* The story i s t o l d and the pertinent documents published i n R. L* Reid, The Assay Office and the Proposed Mint at New Westminster, The Archives of B r i t i s h Columbia, Memoir VII, 1926* 12-6. l e g a l tender i n British. Columbia and providing that the (65) public accounts must be kept i n dollars and cents* A l l the bank notes issued in Vancouver Island were i n decimal currency. In the early days of the eolony of Vancouver Island the Hudson's Bay Company assumed r e s p o n s i b i l i t y for transmitting the mails to and from the neighboring United States t e r r i t o r i e s (66) without cost to the colonists* No serious e f f o r t was made to provide governmental protection for the transmission of public correspondence u n t i l 1858. "Lack of public revenue and the fact that more or less adequate f a c i l i t i e s were provided by a private enterprise (Wells Fargo) brought about this (6?) strange and anomalous state of a f f a i r s . In I 8 5 8 , Douglas created the o f f i c e of Postmaster-General to supervise the (68) mails. -The f i r s t c o l o n i a l postal system i n the B r i t i s h (65) "An Ordinance to Estab l i s h a Decimal System of Accounts i n the Colony of B r i t i s h Columbia". No.8, Ordinances of 1865, Ordinances passed by the L e g i s l a t i v e Council of B r i t i s h Columbia, I865 to 1869, (66) A. S, Deaville, The Colonial Postal Systems and Postage Stamps of Vancouver Island and B r i t i s h Columbia, 1849-71, Archives of B r i t i s h Columbia/Memoir VIII,p.26* (67) A. S, Deaville, Op.oit.,p .45 * (68) This f i r s t Postmaster was A, C. Anderson. A schedule of postal rates i s given i n Memoir VIII, p.45. These rates were the same as charged by the United States Post Office Department at that time plus the c o l o n i a l postal charge of 2fcd or 50. to Oregon, Washington Ter r i t o r y , C a l i f o r n i a .... 8 5 2 : to other parts of the United States 15$ to Great B r i t a i n •••••«•••«•«•••••••»•••»••••»•• 34^ to France 20$ to the German States 350 Three post o f f i c e s were opened, at Forts Langley, Hope and Yale. 127. colonies was i d e n t i c a l i n p r i n c i p l e xvith that concurrently obtaining i n C a l i f o r n i a and Washington Territ o r y ; that i s . to •provide a more or less satisfactory Government Mail Service, -but to allow express operators to carry mail, exacting payment of a c o l o n i a l postal tax. The f i r s t c o l o n i a l postage stamps (69) reached v i c t o r i a December 29,1859 and were to be used i n B r i t i s h Columbia and Vancouver Island. From this date u n t i l 1871 the colonies had their own postal systems and schedule or-rates* Washington T e r r i t o r y was more a component part of the United States, while B r i t i s h Columbia and Vancouver Island were far-flung outposts of Empire, whose problems were not c l e a r l y understood by the Home Government. The T e r r i t o r y was pampered and more or less spoon-fed into/statehood while Vancouver Island and B r i t i s h Columbia had to pursue a more vigorous and d i f f i c u l t course. A l l the f a c i l i t i e s of the American Government were behind Washington T e r r i t o r y but the B r i t i s h Government refused to lend even temporary support to her P a c i f i c Northwest colonies* They had to walk unaided and considering the conditions of the country and the magnitude of the task, the results accomplished by the early l e g i s l a t o r s were amazing* (69) Memoir VIII, p.65. 128. CHAPTER VIII LAND POLICY AND THE INDIAN QUESTION It has been mentioned before that the B r i t i s h Colonies lacked the s e t t l e r s that had immigrated to Washington T e r r i t o r y , They lacked these s e t t l e r s because of the too conservative land p o l i c y i n s t i t u t e d i n Vancouver Island and l a t e r i n B r i t i s h Columbia; a p o l i c y that tended to discourage settlement and not encourage i t as had been accomplished in Ifeshington T e r r i t o r y * In the beginning of the t e r r i t o r y the d i s t r i b u t i o n of the land was governed by a federal law, the Donation Law of 11) 1850, Under t h i s law each male s e t t l e r was granted 320 acres free, and the l i k e amount to the wife of each married man. Later this amount was cut i n half but s t i l l the desire to foster settlement was apparent* These donation p r i v i l e g e s expired i n l855> after which time public lands were subject to (2) the United States law for pre-emption and purchase* This act was s t i l l generous. It stated that "every person, being the head of a family, or widow, or single man over the age of twenty-one, and being a c i t i z e n of the. United States .... i s allowed by law to make a settlement on any public land of the United States not appropriated or reserved. .»*. The quantity of land allowed to one s e t t l e r by pre-emption is one quarter section or 160 acres and the price to be paid i s $1.25 per (3) acre. . A c i t i z e n could also homestead on surveyed lands to (1) Congressional Record, 31st Congress, 1st Session* (2) H.H, Bancroft, History Of Oregon, San Francisco, l889,p.294 (2) The f u l l text of t h i s act i s given i n Mrs. F. F. Victor, . Oregon and Washington, San Francisco, 1872, p.357* 129 • the amount .of 160 acres for a charge of §22.00 for fees and expenses provided the land i s "for his exclusive use and (4) benefit for actual settlement and c u l t i v a t i o n " This law held throughout the remainder of Washington's term as a t e r r i t o r y * The grant of Vancouver Island to the Hudson's Bay Company in-18'49 was given f o r the-express purpose of fostering settlement. The "Company s h a l l establish upon the said island a settlement, or settlements of resident colonists, emigrants from our United Kingdon of Great B r i t a i n and Ireland, or from our other dominions, and s h a l l dispose of the land there as may be necessary for the purposes of colonization," and "that the said Company s h a l l , with a view to the aforesaid purposes, dispose of a l l lands hereby granted to the at a reasonable (5) p r i c e . " Yet i n the c i r c u l a r issued by the Company soon after the grant was made, terms were included that d e f i n i t e l y discouraged t h e i r avowed objective. Land was priced at one (6) pound per acre regardless of how much land a purchaser bought. This price was set when, as Lord Lincoln said i n the House of Commons "a few miles o f f land may be purchased on the American continent, for a d o l l a r and a quarter, that i s f o r (7) 5s, 3d." (4) Mrs. F. F. Victor, Oregon and Washington, San Francisco, I 8 7 2 , p*358. 15) Crown Grant of 1 8 4 9 , printed i n Howay and Scholefield, B r i t i s h Columbia, Vol*I, Appendix, XIII, p .676-80 (6) Test i n B. C. Archives Report, 1913, pp.V, 73-74* . (7) He was speaking i n opposition to the Company's grant of the Island* Hansard, Third Series, Vol . 1 0 6 , p.550. Even Douglas himself complained that several Hudson's Bay Company men are anxious to become s e t t l e r s , 'but are seared at the high price charged for land, say £1 S t e r l i n g an acre! Douglas to Anderson. Mar . l 8 , l 8 5 0 . Quoted i n W.N.Sage, S i r James Douglas, p . l 5 o . On the i n c e p t i o n o f B r i t i s h Columbia, Ly t t o n , then C o l o n i a l Secretary, wrote Douglas regarding the d i s p o s a l of land, "With regard to the very important subject of the d i s p o s a l of land, you are authorized to s e l l land merely wanted f o r a g r i c u l t u r a l purposes, (whenever a demand for i t s h a l l a r i s e ) at such upset p r i c e as you may t h i n k advisable. I b e l i e v e that a r e l a t i v e l y high upset p r i c e has many advantages; but your course must, i n some degree, be guided by the price, at which such land i s s e l l i n g i n neighboring (8) American t e r r i t o r i e s . " Yet i n 1859, regardless of Lytton*s suggestion, the p r i c e o f land i n B r i t i s h Columbia, supposedly to encourage farming was s t i l l high;ten s h i l l i n g s (f2 . 5 0) per (9) acre. Matthew Macfie, w r i t i n g i n 1858 has t h i s to say of land conditions i n B r i t i s h Columbia, "Land i n 1858 could r a r e l y be had i n B r i t i s h Columbia. .... The uniform r e p l y to a l l who make a p p l i c a t i o n f o r farming t r a c t s was that the land must f i r s t be surveyed under o f f i c i a l d i r e c t i o n , and put up at auction before i t could be taken possession of, and that a l l squatters would be v i s i t e d w i t h summary ejectment 200 B r i t i s h s u bjects had been compelled to leave the country, (8) L y t t o n to Douglas, August 14, 1858, B. C. Papers, Pt.i,p.49. (9) Land Proclamation of James Douglas, Governor of B r i t i s h . Columbia, Feb.14, 1859, given i n B.C.Papers, P t . i l , p , 6 4 . Also i n k* C. Mayne, Four Years i n B r i t i s h Columbia and Vancouver i s l a n d , London, 1862, Appendix,p.456. 131. within a few weeks, i n consequence of the un j u s t i f i a b l e delay that was suffered to elapse i n providing them with land f o r (10) settlement." However in the years i860 and 1861 conditions were improved. In those years Douglas issued a series of Land Proclamations regarding the disposal of land i n B r i t i s h Columbia and Vancouver Island. By order of these proclamations, B r i t i s h subjects and aliens who had taken the oath of allegiance, were allowed to pre-empt land* The Proclamation (11) of January 4 , i 8 6 0 for B r i t i s h Columbia stated that a prospective s e t t l e r could claim any quantity of land not exceeding 160 acres at the price of ten s h i l l i n g s per acre* (12) On January 1?, 1861 t h i s price was lowered to 4s 2d per acre. On February 19, l 8 6 l this price was also established for (13) Vancouver Island, Now the price of land was on a par with that i n Washington T e r r i t o r y but no free grants or homestead p r i v i l e g e s were allowed* Land p o l i c y and the Indian question have been grouped together i n t h i s chapter f o r the reason that the the American l i b e r a l land p o l i c y helped to cause/Indian troubles fill) Land Proclamation of January 4, i 8 6 0 , B.C.Papers, Pt.II, J p.92, and Mayne, Op.cit.,p.437-439. (12) Land Proclamation January 19, 1861, in Mayne, Op.cit., p*460. \ (13) Land Proclamation of February 19, 1861, i n Mayne, Op.cit., 1 p.461. (10) Matthew Macfie, Vancouver Island and B r i t i s h Columbia, London, 1865,p.329-332. of the late lSjpQ's in Washington Te r r i t o r y . I f the American p o l i c y had not been so l i b e r a l , immigrants would not have become land greedy and have t r i e d to pre-empt the Indian lands. While th i s cause was not the basis of the quarrel, i t did help to p r e c i p i t a t e i t * Indian troubles did not bother Vancouver Island or B r i t i s h Columbia to any great extent as they did the/neighbor-ing t e r r i t o r y . Perhaps t h i s was because of the absence of s e t t l e r s ; but more than l i k e l y i t was because of the long experience i n handling the natives of the Hudson's Bay Company men who were f i r s t at the head of the infant colonies. Then, too, settlement was not crowding the Indians i n B r i t i s h Columbia as i t was i n Yfeshington T e r r i t o r y . Douglas, tutored by Dr. McLoughlin, of course, must be praised for his treat-ment of the Indians, but not the least among the many noticeable features i n the records of a l l the co l o n i a l authorities i s t h e i r firm yet kindly attitude towards the natives* When the Hudson's Bay Company acquired the grant of Vancouver Island in1849, they realized that before any land could be sold to s e t t l e r s , i t was f i r s t necessary that the indians should re l i n q u i s h their claims. James Douglas, acting for the Company, (this was before he had been made governor) accomplished this i n the spring of 1950. He purchased the land around and near Fort V i c t o r i a on very favorable terms to the Company but he also played f a i r with the Indians* He t r i e d to get them to accept an annual payment instead of a lump sum, but was unsuccessful* The natives were allowed the possession,of th e i r v i l l a g e sites and enclosed f i e l d s , and were to be allowed to hunt over unoccupied land, "and to carry-on their f i s h e r i e s with the same freedom as when they were the (14) sole occupants of the country." The Americans, s e t t l e r s and o f f i c i a l s , did not understand the Indians or t h e i r problems as the ex-furtraders and government o f f i c i a l s i n Vancouver Island and B r i t i s h (15) Columbia. The Americans made trea t i e s with the natives and (14) Douglas to Barclay, May 10, 1850, from James Douglas's letter-book, quoted i n W. N. Sage, S i r James Douglas,p. 16L (15) In t h i s connection i t is interesting to read Douglas' comments i n a l e t t e r to Rear Admiral R. L. Baynes, in reference to the San Juan incident. Speaking of the Indians and t h e i r part i f war should develop, Douglas says, "You assert your b e l i e f that the Indian Tribes would be i n c l i n e d to prey on a l l indiscriminately. You are perhaps not aware of the intense hatred existing between the Indians and the Americans; The Americans do not understand the Indian Character and have invariably treated that people i n such a manner as to arouse th e i r worst passions. Three years ago the whole of Washington Te r r i t o r y was engaged i n War..with the Indian Tribes and i t was with great d i f f i c u l t y that they were prevented from overrunning the Territory* No alarm, however, was f e l t at Vancouver's Island, and a feeling of perfect security prevailed everywhere i n t h i s neighbourhood..,* My acquaintance with Indian Character i s of many years standing and from personal communication with them I know the Estimation i n which they hold Englishmen, and I know t h e i r appreciation of Americans." Douglas to Baynes, August.17, 1859, i n Vancouver Island Miscellaneous Letter Book No.2, p.216-220, quoted i n W* N. Sage, S i r James Douglas, P.275* professed by such an act to recognize t h e i r equality i n status and power, instead of employing the B r i t i s h p r i n c i p l e of treating them as wards of the government. In Washington T e r r i t o r y this treaty and reservation system was proved inadequate to meet the problem as evidenced by the almost (16) continuous Indian warfare during the l a t e f i f t i e s . The p o l i c y was generous and humane, but i t f a i l e d to consider the natural unfitness of the Indian for c i v i l i z e d l i f e . Then too, the American s e t t l e r s and miners did not hold the Indian lands i n v i o l a t e . The American o f f i c i a l s f a i l e d to stop t h i s invasion of the Indian lands by the more lawless members of the community; the Indians, n a t u r a l l y resentful, rebelled against these invasions, and war followed. Before discussing the B r i t i s h p o l i c y i n f u l l i t i s best to examine a dispatch of Douglas' which sets fort h the subsequent course followed with respect to the Indians of Colonial B r i t i s h Columbia. He says, "The plan followed by the G-overnment of the united States, i n making Indian settlements, appears i n many respects objectionable; they are supported at an enormous expense by Congress, which for the f i s c a l year ending June JO, 1856, granted the sum of 558,000 d o l l a r s for the support and maintenance of the Indians of C a l i f o r n i a alone .... and notwithstanding the heavy outlay, the Indians i n those settlements are r a p i d l y degenerating; neither would I recommend the system pursued by the founders of the Spanish missions in (16) Meeker says, "A careful examination of these treaties w i l l show glaring defects, and a candid review w i l l expose the incongruity as a whole, p a r t i c u l a r l y while taking into account the ..surrounding circumstances. Ezra Meeker, Pioneer Reminis-ences,p.273« C a l i f o r n i a * . , . With such beacons to guide our steps, and p r o f i t i n g by the lessons of experience so acquired, we may perhaps succeed i n escaping the manifest e v i l s of both systems; the great expense and the debasing influences of the American system^, by making the Indians independent and irhe settlements self-supporting; and to avoid the rock on which were wrecked the hopes of the Spanish missions, I think i t would be advisable studiously to culti v a t e the pride of independence, so-ennobling i n i t s e f f e c t s , and which the savage l a r g e l y possesses from nature and early t r a i n i n g .... 1 would for example, propose that every family should have a d i s t i n c t portion of the reserved land assigned f o r t h e i r own labour, giving them however, for the present no power to s e l l or athervuise alienate the land; that they should be taught to regard that land as their- inheritance; that the desire should be encouraged and fostered i n t h e i r minds of adding to th e i r possessions, and devoting t h e i r earnings to the purchase of property apart from the reserve, which would be l e f t e n t i r e l y at t h e i r own disposal and control; that they should i n a l l respects be treated as r a t i o n a l beings, capable of acting and thinking f o r themselves; and l a s t l y that they should be placed under proper moral and r e l i g i o u s t r a i n i n g , and l e f t , under the protection of the laws, to provide for their own maintenance (17) and support." (17) Douglas to Lytton, March 14, 1859, Papers rel a t i n g to the Indian Land Question, 1850-75, p . 17 . 136. Thus the p o l i c y of the C o l o n i a l Government of B r i t i s h Columbia was quite d i f f e r e n t from that pursued by Governor Stevens and the other governors of Washington T e r r i t o r y . In B r i t i s h Columbia the t i t l e to the s o i l was not recognized as belonging to the Indian and therefore no compensation was allowed to the Indian e i t h e r i n the shape of payments, a n n u i t i e s or educational grants* Further, the Indians were held to be f e l l o w subjects with white men and e n t i t l e d as i n d i v i d u a l s to the p r o t e c t i o n of the law and responsible f o r obedience to that law. The Washington T e r r i t o r y procedure of p u t t i n g the Indian on l a r g e r e s e r v a t i o n s was not followed* Instead, small reserves were used f o r i n d i v i d u a l f a m i l i e s and u s u a l l y included t h e i r c u l t i v a t e d f i e l d s and v i l l a g e s i t e s . This p o l i c y , of small reserves was due, no doubt, to the pressure f o r funds w i t h i n the c o l o n i e s and to the r e f u s a l of the Imperial Government to assume any r e s p o n s i b i l i t y i n the matter. The i m p e r i a l Government was of the opinion that the Indians i n B r i t i s h Columbia were s t r i c t l y a matter f o r the l o c a l govern-ment of that colony. -The Duke of Newcastle wrote, "the L e g i s l a t u r e must not- e n t e r t a i n any expectations that the B r i t i s h taxpayer w i l l be burdened to supply the funds, or (18) B r i t i s h c r e d i t pledged f o r that purpose." The government of the United States assumed f u l l r e s p o n s i b i l i t y f o r the conduct of Indian a f f a i r s w i t h i n the T e r r i t o r y of Washington, and o f t e n appropriated l a r g e grants f o r the purchase of Indian land, the t i t l e to which, they (18) Newcastle to Douglas, May 20, 183?, capers r e l a t i n g to the Indian Land Question, p.20. acknowledged, r e s t e d with the t r i b e . They also e s t a b l i s h e d schools amongst the Indians and whatever the shortcomings of the American method of d e a l i n g with the Indian, i n contrast to that of B r i t i s h Columbia, i n respect to education, at l e a s t , the American system appears to advantage, f o r the c o l o n i a l government of B r i t i s h Columbia d i d p r a c t i c a l l y nothing f o r the education of the n a t i v e s . The o f f i c i a l s i n B r i t i s h Columbia b e l i e v e d i t was neeessary, f i r s t , f o r the n a t i v e s to l e a r n p r a c t i c a l and rudimentary lessons of c i v i l i z e d l i f e ; but there were not very many attemps to teach the Indians. C e r t a i n l y no e f f o r t was made to teach them a g r i c u l t u r e or any of the p r a c t i c a l a r t s as there was south of the border. However, i n B r i t i s h Columbia the Indians' were more obedient under B r i t i s h r u l e . One American Indian Agent remarks, "We have only to look across the l i n e i n t o the n r i t i s h possession of iMOrth America, to see that t h e i r treatment of the Indian has been more promotive of peace and good w i l l than ours, and some people are s w i f t to conclude that the Canadians are of a higher moral tone than the people of the United S t a t e s . The true reason l i e s i n the f a c t that t h e i r system has a more constant and r e s t r a i n i n g i n f l u e n c e upon the lawless c l a s s i n s o c i e t y . There i s more i n d i v i d u a l freedom w i t h us, and consequently more room f o r departure from the normal l i n e of conduct. This d i f f e r e n c e i s b o l d l y i n evidence to those of our c i t i z e n s who have l i v e d i n the mining regions governed by Canadian o f f i c e r s , whose o f f i c i a l tenure does not depend upon the mood of the (1?) 138. populace. "r From an American t h i s - i s f a i r praise indeed. There were other ways too, i n which the colonial government did help the Indians. By making the Indian a fellow subject with the white man, he was always assured of being treated i m p a r t i a l l y and receiving a f a i r t r i a l . This was the p o l i c y adopted by Governor Douglas and t h i s even-handed, c a r e f u l l y adjusted dealing out of justice to Indians, whites, and Chinese a l i k e , contrasts p l a i n l y with the carelessness, and ruthlessness and lack of system i n the American t e r r i t o r i e s ; The B r i t i s h procedure i n case of an Indian outbreak was to punish offenders as individuals and not take revenge on the tr i b e s , as in the Indian troubles of Washington-Territory. Une of the marked features of the history of. the colonies of Vancouver Island and B r i t i s h Columbia i s that there i s but one serious outbreak during the (20) c o l o n i a l period. It i s true that Douglas had to severely (21) d i s c i p l i n e the natives on several occasions but there was never any need to declare martial law i n B r i t i s h Columbia as Governor Stevens did i n Washington T e r r i t o r y . The nearest approach to any disorders of a similar nature were those r i o t s during the gold rush days. These were settled by volunteers, Colonel Moody's Royal Engineers and by well-administered law without recourse to any drastic action. A formidable display of (19) T. W. Davenport, Recollections of an Indian Agent, Oregon H i s t o r i c a l Society Quarterly, Vol.VIII,p.335• (20) This was the so-called C h i l c o t i n War when i n 1864, 14 roadworkers were massacred. The c u l p r i t s were soon brought to justice and the incident passed over. See Howay & Scho l e f i e l d , Vol.II,p.177-88. (21) See W.N.Sage, S i r James Douglas, p .178-80 and 226-229. force always impressed the unruly members with the fact that the course of justice was swift and i t s punishments sure and severe. The large Indian reserve system in practice i n the American P a c i f i c Northwest weakened ancient t r i b a l authority and the subsidy plan tended to alienate the people from the chiefs. Moreover, the presence of the Indian Agents lessened the prestige of the chiefs i n the eyes of the young or those i n c l i n e d to be bad. The agents on th e i r part had no authority for the punishment of criminal acts, only United States courts had f u l l power, but these courts were slow and did not consider minor cases. For the Indian at t h i s period there seems to have been no r e a l protection before the law i n American procedure. Indeed, the Americans never seemed to have got over the old colonial idea that the 'only good Indian was a dead Indian'. Eoughly, the difference between the systems was that on the American side, too many of the attributes of c i v i l i z a t i o n were thrust upon the Indians,while on the B r i t i s h side the Indians did-not receive enough. The American system was founded on large reservations assigned to a t r i b e or tr i b e s on the p r i n c i p l e of sequestration from the whites and (22) under the oversight and tutelage of an Indian agent. In the B r i t i s h colonies the reserves were small, assigned to one or more fami l i e s , were often contiguous to white settlements (22) The Canadian Government adopted the American procedure on the p r a i r i e s about I87O, Indian t r e a t i e s , reservations, and wards of the government. 140* and had no,special agents. Sometimes the magistrates i n several d i s t r i c t s were to act as Indian agents and to advise and protect the Indian. In B r i t i s h Columbia the reserves varied from one to 6,000 acres; i n Washington T e r r i t o r y they were usually reckoned i n hundreds of square miles. There are points to be considered both for and against each policy, but one consideration outweights a l l others; that is the predominate success of the B r i t i s h over the American method and the resulting contentment of the Indians l i v i n g under B r i t i s h r u l e . 141. CHAPTER IX AMERICAN AND BRITISH COLONIAL POLICIES CONTRASTED The B r i t i s h c o l o n i e s and the American t e r r i t o r y of the P a c i f i c Northwest are easy to compare; they o f f e r so many d i v e r s i t i e s - from t h e i r f i r s t c r e a t i o n to t h e i r maturity. Due to the unfortunate circumstances of t h e i r c r e a t i o n , there i s no doubt that the B r i t i s h c olonies were backward, Vancouver I s l a n d s t a r t e d l i f e hampered by the anomaly of a company which depended f o r i t s existence on the absence of s e t t l e r s , pledging i t s e l f to c o l o n i z e the I s l a n d * B r i t i s h Columbia, created as a Crown Colony, was unable to make any headway because of the c o n t r o l exercised over i t by Governor Douglas and h i s 'proclamations having the force of law'. Such begin-ings d i d not auger w e l l f o r the i n f a n t c o l o n i e s * On the other s i d e , Washington T e r r i t o r y began under no handicaps at a l l . No company c o n t r o l of settlement or government was allowed i n the new American lands of the Northwest. Washington T e r r i t o r y acknowledged a l l e g i a n c e to no other 'power' but that, of the government of the United S t a t e s , while Vancouver I s l a n d , nominally under the B r i t i s h crown, was forced to acknowledge the Hudson's Bay Company as i t s v i r t u a l r u l e r and B r i t i s h Columbia was i n c o l o n i a l s e r v i t u d e f o r i t s e n t i r e p e r i o d . Because of i t s c o n t i n e n t a l p o s i t i o n , i t i s not customary to t h i n k of the United s t a t e s as a c o l o n i z i n g country, or the American Republic as the American Empire, yet the wteie h i s t o r y of the United States from 1787 "to the present time has been one of steady t e r r i t o r i a l expansion. Of course because 142. the American 'colonies were within the boundaries of the united States, while the B r i t i s h colonies were overseas tends to make us forget this f a c t . Starting with the o r i g i n a l Thirteen Colonies, the United States b u i l t up i t s t e r r i t o r i a l holdings so that today those thirteen states form only one-tenth of the t e r r i t o r y under the f l a g of the American Republic. No other nation, i n a l i t t l e over 70 years, r e l a t i v e l y increased i t s t e r r i t o r y to so great an extent and colonized i t s acquisitions so l a r g e l y with i t s own people. The foundations of the American col o n i a l system were l a i d when the Congress of the Confederation drew up a wise and comprehensive plan for co l o n i a l expansion. Thus, the American people worked out the p r i n c i p l e s of t e r r i t o r i a l organization, and, almost without knowing i t themselves, prepared the outline of a sysiem which assured the f a c i l e extension of their power from the A t l a n t i c coast across the continent. The American process as outlined i n the l e g i s l a t i o n of the Continental (1) Congress i s known as the Northwest Ordinance of 1787 and i s the r e a l basis of the American col o n i a l system. Alone among the acts of the Old-Congress, the Ordinance of 1787 stands out as a great constructive measure. Brought into being by the necessity of finding some way to govern the t e r r i t o r y northwest of the Ohio River that had been ceded to the United States aft e r the American Revolution, i t has served as the framework for the admittance of nearly every other t e r r i t o r y to the Union. The Ordinance was framed largely from past experience (.1) The f u l l text i s published i n Clarence Edwin Carter, editor, The T e r r i t o r i a l Papers of the United States, Vol. II.-14J. when the thirteen states had been English colonies. It was more l i b e r a l than some of the colonies had possessed and less l i b e r a l than others had enjoyed. Yet i t s wisdom and merit i s shown by the fact that the general plan has been adhered to i n a l l l a t e r t e r r i t o r i a l governments set up by the United States where the people seemed prepared for i t * That government under the Ordinance was based to a considerable extent on experience derived when the Thirteen colonies were parts of the F i r s t B r i t i s h Empire, i s especially evident, i n the provisions for c o l o n i a l , or, as the Americans prefer to c a l l i t , t e r r i t o r i a l government. There ivere to be three stages i n the government of a t e r r i t o r y but Washington was never under the f i r s t preliminary type of government, It was to have been a government of appointed o f f i c i a l s without any representative i n s t i t u t i o n s . When Washington T e r r i t o r y was formed, t h i s preliminary stage, was done away with and the t e r r i t o r y given representative.government from the s t a r t . This was to have been the second stage. The t h i r d stage was embodied i n A r t i c l e Five containing the most si g n i f i c a n t of the provisions. This provided f o r the ultimate transformation of the t e r r i t o r y into a self-governing state. The t e r r i t o r i a l government was to be replaced by admission to statehood "on an (2) equal footing with the o r i g i n a l states in a l l respects whatever, whenever the population reached 60,000 free inhabitants, or at an e a r l i e r period "so far as i t can be consistent with the (3) general interest of the Confederacy*" . (2) Ordinance of 1?87, Ibid,p.4?. (3) Ibid. 144* .Then followed, i n the Ordinance a series of fundamental declarations similar to the b i l l s of right that have been included as part of the constitution of some of the states, granting freedom of r e l i g i o n , assuring the benefits of habeas corpus, t r i a l by jury, proportionate representation, and the conduct of j u d i c i a l proceedings according to the common law* It declared that "as r e l i g i o n , morality, and knowledge are necessary to good government and the happiness of mankind, schools and the means of education should forever (4) be encouraged". Such was the basis for the government of Washington Terr i t o r y * It was a compromise between home rule and absolute dependency* The p o l i c y l a i d down i n A r t i c l e Five, and since carried out i n the admission of more than t h i r t y states, represents a new conception i n the relationship which ought to exist between colonies and the parent state. .I.n a l l former systems, colonies had remained subordinate to the mother country or had become independent. The American system makes possible permanent union, on the basis of p o l i t i c a l equality, between the new commonwealth and the o r i g i n a l members* Thus th i s Ordinance ably bridged the gap between wilderness and statehood by providing a wise system of limited self-government. Its main premise was that dependency was a temporary status to be terminated by the t r a n s i t i o n from s o c i a l adolescence to adult stature, equally with the nation. Thus, a new c o l o n i a l p o l i c y based upon the p r i n c i p l e of . (4) Ordinance of 1787, A r t i c l e Three, p*47. equality, ^as inaugurated. The time-honored doctrine that colonies existed for the benefit of the mother country and were p o l i t i c a l l y subordinate and s o c i a l l y i n f e r i o r to her, was d e f i n i t e l y repudiated. In i t s stead was established t h i s new theory of imperialism,- that colonies were but the extensions of the mother country and e n t i t l e d , not as a (5) p r i v i l e g e but as a r i g h t , to a l l the benefits of equality. Thus Washington's future was assured from the beginn-ing because i t was created as a t e r r i t o r y with the definite idea of incorporation into the Republic as a free and equal state. Following the guidance of the ordinance, Washington T e r r i t o r y had i t s period- of t e r r i t o r i a l tutelage. After the t e r r i t o r y had grown in s u f f i c i e n t numbers and there had been considerable agitation for a state government, Congress, following the practice b u i l t up i n the century following the Ordinance, passed an 'Enabling Act'. This act was only passed when, in the judgement of Congress, a t e r r i t o r y was ripe for statehood. Under t h i s act the people of the t e r r i t o r y were authorized or 'enabled' by law to hold a convention, frame a (5) The p o l i c y of the Dominion of Canada towards Manitoba and the North West T e r r i t o r i e s after 1870 may be said to p a r a l l e l t h i s American system. (6) 146. constitution, and become a state. The Enabling Acts gave formal authority to proceed, fixed the q u a l i f i c a t i o n s of voters, shaped conventions, and dictated the terms to be complied with before admission; These Enabling Acts helped Congress to express an opinion as to the p r i n c i p l e s of (6) The following exerpts are from the Enabling Act of Washington, given i n the Congressional Record, 50th Congress, 2nd.Session,pp.2113-15 Section Three states, A l l persons who are q u a l i f i e d by the laws of said t e r r i t o r y to vote for representatives to the L e g i s l a t i v e Assembly, therefore, are hereby authorized to vote for and choose delegates to form a convention in said proposed state .... aforesaid delegates s h a l l be apportion-ed i n such d i s t r i c t s .... i n proportion to the population i n each d i s t r i c t .... The number of delegates to said convention s h a l l be 75; and a l l persons resident i n said proposed state, who are q u a l i f i e d voters of said T e r r i t o r y as herein provided, s h a l l be e n t i t l e d to vote upon the election of delegates, and under such rules and regulations as said convention may prescribe not i n c o n f l i c t with this act, upon the r a t i f i c a t i o n of the constitution. Section Four, That the delegates to the convention elected .... s h a l l meet at the seat of government .... and after organization, s h a l l declare on behalf of the people of the proposed state that they adopt the Constitution of the United States; whereupon the said convention s h a l l be, and are hereby, authorized to form a constitution and State government .... The constitution s h a l l be republican i n form, and make no d i s t i n c t i o n s i n c i v i l or p o l i t i c a l r i g h t s on account of race or color .... and not to be repugnant to the Constitution of the United States and the p r i n c i p l e s of the Declaration of Independence. Section Eight, And, the constitutional convention s h a l l provide .... for submitting the constitution formed by them to the people of the said proposed State, for r a t i f i c a t i o n or rejection, and i f a l l the provisions of t h i s act have been complied with .... i t s h a l l be the duty of the President of the United States to issue his proclamation announcing the result of the election, .... and thereupon the proposed state (having) adopted a constitution and formed a state government as herein provided s h a l l be deemed admitted by Congress into the Union under and by virt u e of t h i s act on an equal footing with the o r i g i n a l States. government.the new state should adopt. Once i n the Union the state was free to adopt i t s own internal organization just so long as i t retained a republican form of government and did not v i o l a t e the Federal Constitution of the laws of Gongress. But without the consent of Congress contained i n an Enabling Act, the state-to^-be could not enter the Union. Statehood was never forced on a t e r r i t o r y , although sometimes i t was offered i n a very tempting fashion so as to accelerate the movement. The pressure was more commonly the other way vjith the t e r r i t o r i e s demanding admission before Congress was ready to grant i t . Washington t r i e d repeatedly before Congress f i n a l l y gave i t s consent. The'power to withhold t h i s consent was an.excellent hammer to hold over the head of the r e c a l c i t r a n t t e r r i t o r y . i Vancouver Island and B r i t i s h Columbia, as colonial members of the B r i t i s h Empire, were ruled by the Imperial Government through the Colonial O f f i c e . At the head of this o f f i c e i s the Secretary of State for the Colonies, holding a position i n the Cabinet, This Colonial Office and Secretary-ship was not brought into being by the passing of one act, but by years of experience, t r i a l and error, af t e r the collapse of the F i r s t B r i t i s h Empire. U n t i l 18^4 the control of the colonies was i n the hands of the Secretary of State for War and Colonies, but af t e r 1854 the two o f f i c e s were separated. In the early days the task of the Office was the building up and perfecting of a great administrative system* It administered through i t s army of o f f i c i a l s , a vast empire of a bewildering d i v e r s i t y of races, r e l i g i o n s , and cultures and 148. at various stages of economic and p o l i t i c a l development, s i t u a t e d i n a l l parts of the ha b i t a b l e world. I t was from t h i s o f f i c e that a l l appointments, orders, concessions and suggestions came to the co l o n i e s i n the P a c i f i c Northwest. The United States had no c o l o n i a l o f f i c e or department f o r governing the t e r r i t o r i e s . The State Depart-ment, the Indian Bureau, the Land O f f i c e and the Yfar Depart-ment, a l l e x e r c i s e d some concurrent j u r i s d i c t i o n with the t e r r i t o r i a l o f f i c e r s ; but most of the business connected with the t e r r i t o r i e s passed through Congress i t s e l f . In f a c t reading the Congressional Record gives a good comprehensive report on a l l the laws ever passed f o r any of the t e r r i t o r i e s . I f American co n d i t i o n s had bred at the n a t i o n ' s - c a p i t a l a c o l o n i a l o f f i c e s i m i l a r to that of England, the e f f e c t of such an o r g a n i z a t i o n might have been to prolong the granting of statehood and to block the development of s t a t e s . I t has been no part of the p o l i c y of the C o l o n i a l O f f i c e to f o r c e the governing machinery of the'colonies i n t o a common mould* " B r i t i s h statesmen never followed a c a l c u -l a t e d track" or devised a timetable of concession. The e s s e n t i a l requirement of a progressive p o l i c y was a r e c o g n i t i o n of the f a c t that the p o l i t i c a l o r g a n i z a t i o n of the Empire was not s t a t i c but dynamic, that any p a r t i c u l a r concession at any p a r t i c u l a r stage was not the l a s t but i n e v i t a b l y l e d on to the next, and that the process of development could not be h a l t e d just because nobody knew where (7) i t would end." The American way was c l e a r and defined i n (7) R, Goupland, The American Revolution and the B r i t i s h Empire, New York, 1930s p.309» 149. 'black and ..white* i n the Ordinance of 1787. On the other hand the B r i t i s h p o l i c y was undeterminable. B r i t i s h colonies were t r e a t e d more or l e s s as c h i l d r e n , but the American t e r r i t o r i e s were looked upon as brothers. Because of t h i s d i f f e r e n c e i n treatment the B r i t i s h colonies i n North America tended to break away from dependence on the mother country while the American t e r r i t o r i e s became equals i n the United Stat e s of America. I t i s hard to determine whether B r i t a i n a c t u a l l y had a f i x e d c o l o n i a l p o l i c y . Frequently the charge has been made that B r i t a i n had no c o l o n i a l p o l i c y , and indeed, as the e v o l u t i o n of the various parts of the empire-common-wealth shows, p o l i c y seemed to f o l l o w r a t h e r than guide Columbia where government was i n s t i t u t e d i n advance of settlemsnt. But even i f i t was not always t r u e , B r i t i s h c o l o n i a l p o l i c y has shown a remarkable c a p a c i t y ibr a d j u s t i n g i t s e l f to the demands of the hour. This has not always proved s u c c e s s f u l , f o r f r e q u e n t l y the concession has come so slowly and so grudgingly that i t s r e c i p i e n t s have long since wished f o r other ends* This almost t r a n s p i r e d i n B r i t i s h Columbia when some of the i n h a b i t a n t s dotcrmifflably discussed annexation to the United States as the s o l u t i o n to t h e i r problems. the 'old c o l o n i a l ' p e r i o d of development at a time when the s i s t e r B r i t i s h c olonies i n eastern North America had not only circumstances. t: 'his was not e s p e c i a l l y true i n B r i t i s h Vancouver I s l a n d and B r i t i s h Columbia were s t i l l i n (8) C. F. M u l l e t , The B r i t i s h Empire, New York, 1938, p.356. 150. obtained responsible government but were beginning to discuss (9) a possible federation. The P a c i f i c Northv/est colonies were co n s t i t u t i o n a l l y dependent upon the B r i t i s h croira or more p a r t i c u l a r l y the Colonial Secretary or Under-Secretary. "The r e a l work of the Colonial Office was done by the permanent undersecretary and t h e i r s t a f f s . These men were well versed i n Colonial Office routine, but lacked f i r s t hand experience with the colonies they were attempting to govern by the pen* They were usually well versed i n the government of t r o p i c a l plantations, but they had l i t t l e knowledge of the problems that beset Douglas i n his administration of the two colonies on the North P a c i f i c . Their intentions were good. They deluged Douglas with despatches, c i r c u l a r s , and such general information as was usually supplied to c o l o n i a l governors. On one occasion they furnished him with a copy of the constitution (10) of the V i r g i n Islands." B r i t i s h Columbia and Vancouver Island were founded in the period when colonies were not looked on favorably. "The v i c t o r y of free trade i n 1846, the repeal of the Navigation Acts i n 1849i and the supremacy of the Manchester School with i t s doctrine of l a i s s e z - f a i r e had led to the general f e e l i n g that the colonies must inevitably break away from the (11) Motherland*" The P a c i f i c Northwest colonies received no great measure of support from the Home Government. when Lord Lytton was c o l o n i a l secretary, he never f a i l e d to i n s t i l in the mind of Douglas, the c o l o n i a l p r i n c i p l e of s e l f - r e l i a n c e ; i9) W.; N. Sage, Op.cit.,p.289. (10) Ibid,p*290 (11) Ibid,p .289 a youthful and vigorous community must find means to defend i t s e l f , to govern i t s e l f , and to improve i t s e l f . The mother would hold over i t a r e a l l y protecting hand, but the c h i l d (12) must learn to walk-.by i t s e l f . Again, speaking of B r i t i s h Columbia, he wrote, "that whilst the Imperial Parliament w i l l cheerfully lend i t s assistance in the early establishment of this new colony, i t w i l l expect that the colony w i l l be s e l f -(13) supporting as soon as possible." On December 30, 1858 he wrote,"I cannot too early caution you against entertaining any expectation of the expenses of the Colony under your charge being met at the outset by a considerable Parliamentary grant .... I am f u l l y s a t i s f i e d that Parliament would regard with great disfavor any proposal of a g i f t or loan to the extent you suggest. But I cannot avoid reminding you that the la v i s h pecuniary expenditure of the Mother Country in founding new colonies has been generally found to discourage economy, by leading the minds of men to r e l y on foreign aid instead of the i r own exertions; to inte r f e r e with the healthy action by which a next? community provided step by step for i t s own requirements; and to produce at l a s t a general sense of discouragement and d i s s a t i s f a c t i o n . For a colony to thrive and develop i t s e l f with steadfast and healthful progress, i t should from the f i r s t be as far as possible self-supporting. «• "No doubt i t might be more agreeable to the pride of (12) H. H. Bancroft, History of B r i t i s h Columbia,p.401. ( l j ) Lytton to Douglas, July 31, I838, B. C. Papers, Pt.I, p.45. the f i r s t founders of a colony which promises to become so important, i f we could at once throw up public buildings, and i n s t i t u t e establishments on a scale adapted to the prospective grandeur of the infant settlement. But after a l l , i t i s on the character of the inhabitants that we must rest our hopes for the land we redeem from the wilderness; and i t i s by self-exertion, and the mob>le s p i r i t of s e l f - s a c r i f i c e which self-exertion engenders, that communities advance through rough beginnings to permanent greatness. Therefore i t i s not merely for the sake of sparing the Mother Country that I i n v i t e your c o r d i a l and i n t e l l i g e n t co-operation i n stimulating the pride of the colonies to submit to some necessary privations i n the f i r s t instance, and to contribute l i b e r a l l y and v o l u n t a r i l y from t h e i r own earnings (which appear \to be so considerable), rather than to lean on the B r i t i s h Parliament for grants, or; for loans which are r a r e l y repaid vathout discontent, and can never be cancelled without (14) some loss of probity and honour. 0 A glance at the debates i n the B r i t i s h Parliament r e l a t i n g to the c o l o n i a l p o l i c y i n ,the s i x t i e s indicates something of the attitude which then prevailed. On July 16, 1861 the House of Commons was debating on the subject of the c i v i l service estimates for the colonies. The sum for Vancouver Island and'eritish Columbia - a mere £17,800 - came under the f i r e of opposition c r i t i c i s m . Why should England be c a l l e d upon to contribute to the e i v i l expenditure of B r i t i s h Columbia* Why should Boyal Engineers be employed . (14) Lytton to Douglas, Dec.30,1858,B.C.Papers, Pt.II-,p ,75. there at the expense of the B r i t i s h Government? In reply-to these questions Under-Secretary Fortescue was quite apologetic* He said that he agreed i n p r i n c i p l e with his c r i t i c s , but he explained that the colony was as yet only an (15) infant and provisions were very^b/lgh i n price* It i s easy to see that the P a c i f i c coast colonies had l i t t l e to expect from the B r i t i s h Government; J. D. Pemberton in his book on Vancouver Island and B r i t i s h Columbia makes some pertinent remarks that are well worth quoting* Writing i n i860 he asks, "Why i s i t that America has succeeded so well with her colonies i n the north-say west, where England has comparatively, I might almost/signally, f a i l e d ? The cause i s , on examination, s u f f i c i e n t l y obvious* Each nation asserts and acts upon a p o l i c y towards i t s colonies 'there', diametrically opposite to that of the other." "England proposes to the f i r s t emigrant, land to occupy with free i n s t i t u t i o n s , and leaves i t optional to them to establish f o r t h e i r own benefit, and that of their successors, a l l leading communications, execution of survey, public works, and postal arrangements, or to omit to do so i f they f e e l unwilling ,or unequal to the task." "America, on the contrary, i n s i s t s on the execution of those works of magnitude which she considers essential to begin with, holding the lands and the revenues derivable from customs and posts, u n t i l f u l l y indemnified for the outlay (16) incurred*" "Customs and postal arrangements are established (15) Hansard Third Series, June 28-August 6 , l 8 6 l , CLXIV:1027-8 * (16) J". D. Pemberton, Vancouver Island & B.C., London, i 8 6 0 ,p .78 . and the necessary public buildings erected - even lunatic asylums and l i b r a r i e s are not forgotten - at the sole expense (17) of the Federal Government." Such a p o l i c y naturally tended to make the eyes of the s e t t l e r s of Vancouver Island and B r i t i s h Columbia look southward where Washington T e r r i t o r y was enjoying the bounties of the United States government and i t s l i b e r a l p o l i c y . No wonder there was talk of annexation when the s e t t l e r was being "subjected to a steady s t r a i n p u l l i n g at his reason, i f not at his heart, dragging his eyes relu c t a n t l y southwards, forcing him to think that the destiny of his country must l i e outside (18) the B r i t i s h Empire." This s t r a i n was the ever-present contrast between American progress and prosperity and B r i t i s h c o l o n i a l backwardness and poverty; i t was not only economic, i t was also p o l i t i c a l . Washington T e r r i t o r y had self-govern-ment while the B r i t i s h Colonies were s t i l l hampered by the obstructionist p o l i c y followed by the Imperial Government. Even though the B r i t i s h p o l icy was less l i b e r a l than the American at the outset, i t was dynamic and capable of vast growth and expansion. The T e r r i t o r y of Washington kept the same government i t started with u n t i l i t became a state; but there were many changes made i n the governments of Vancouver Island and B r i t i s h Columbia before they became a province* S t i l l , however, B r i t i s h p o l i c y was shaped i n London and and whatever p o l i c y was adopted would come from London and (17) ^ Vancouver Island & B r i t i s h Columbia, London, 1860,P.82. (18) Coupland, Op.cit.,p.JO?. 155. not from the people i n B r i t i s h Columbia. Most of t h i s p o l i e y regarding B r i t i s h Columbia was formed or recommended i n the correspondence between the C o l o n i a l Secretary and the Governor of the colony. TiagBPap-qms--^^ t-errirtnrei^ST^ th-e*-~<3olnOT±*e^  156. CHAPTER X IN CONCLUSION B r i t i s h Columbia i n 1871, and Washington T e r r i t o r y i n 1889, each entered a federation of states and each became a part of a great nation. Canada and the United States, while two d i s t i n c t nations are yet more l i k e each other than they are unlike* In the present century, t r a v e l l i n g between the United States and Canada, the average v i s i t o r notices but lit t l e difference between the two countries. Except in the Province of Quebec, the t r a v e l l e r finds the language, customs, and s o c i a l conventions p r a c t i c a l l y the same on each side of the l i n e . The average persons knows that both countries are governed on a federal basis; that each province or state has i t s separate l o c a l government and that each country has i t s federal house* Proceeding from this basis, he generally assumes that the two federations are more or less similar i n character and p r i n c i p l e . Such an assumption i s today very far from the f a c t . They are, and always have been, profoundly d i s s i m i l a r , for they are the products of widely different h i s t o r i c a l conditions* However, while the federations are d i s s i m i l a r i n p r i n c i p l e , they each contemplate the government of certain t e r r i t o r i e s which could not conveniently be made into states or provinces. Likewise, each constitution made clear the right of each nation to establish provinces or states in any new t e r r i t o r i e s . In the United States t h i s right was contained i n the Ordinance of 1787; in Canada in the B r i t i s h North America Act. It was expressly provided in the B.N.S. Act that on receipt of addresses from the colony and from Canada, B r i t i s h (1) Columbia was to be admitted to the Dominion. In colonial days the Rocky Mountain barrier cut o f f direct contact between B r i t i s h Columbia and Canada so that economically and s o c i a l l y the colonies were forced to look to Washington T e r r i t o r y and the other American P a c i f i c states. As early as I858 the American background i n B r i t i s h Columbia l i f e could be seen c l e a r l y . After the gold rush of 1858 B r i t i s h Columbia was by situation, sentiment, trade and population, moie bound to the American P a c i f i c t e r r i t o r i e s and states than i t was to B r i t a i n or the other B r i t i s h North American colonies. Vancouver Island, at one period, was es p e c i a l l y f u l l of American sentiment* "The United States was omnipresent, Washington T e r r i t o r y were close at hand, and C a l i f o r n i a was only a few days s a i l . Need one wonder tha'fe an (2) annexation movement took place i n B r i t i s h Columbia." American enterprise early began to exploit the untapped wealth of B r i t i s h Columbia; American express companies (Wells, largo for one) brought down the gold dust from the mines to New Westminster or shipped i t direct to San Francisco. C a l i f o r n i a was the natural outlet for B r i t i s h Columbia. V i c t o r i a and San Francisco were connected by regular steamship s a i l i n g s and the colonies were bound both geographically and economic-(1) The B r i t i s h North America Act, Section XI, p.146. (2) W. N. Sage, The Annexationist Movement i n B r i t i s h Columbia, . I866 -I87I,'Transactions of the Royal Society of Canada, 3rd Series, Vol.XXi, Ottawa, 1927, p.99* a l l y to the P a c i f i c coast possessions of the United States* Great B r i t a i n was too far away and Canada too inaccessible. A l l rapid communication with the outside world was through 12) American t e r r i t o r y and i n American ships. The B r i t i s h colonies were backward p o l i t i c a l l y as well as economically* But many things need.to be weighed c a r e f u l l y before a def i n i t e decision can be given as to the re l a t i v e progress made in B r i t i s h Columbia and Vancouver Island, and i n Washington T e r r i t o r y . F i r s t , above a l l , there i s the lack of population, so needful for progress, in the U ) B r i t i s h colonies, with such a scanty population as there vjas i n Vancouver Island, u n t i l 1858 i t i s no wonder that the ordinary f a c i l i t i e s for education and a more habitable country were lacking* 1 Economically t h i s lack of •'population had repercussions also. The absence of se t t l e r s caused a corres-ponding absence of export trade and commerce, Washington Terr i t o r y ' s economic progress was far greater than that of the B r i t i s h colonies. The t e r r i t o r y advanced by leaps and bounds (3) J. D. Pemberton writing i n i 8 6 0 has t h i s to say, "America feeds us, America carries our l e t t e r s to us; we reach then by American steamers, or we travel by American routes; the bulk of the merchandise we consume comes from American ports." P.62. (4) In t h i s respect i t might be pertinent to observe that the organization of government i n both Vancouver Island and B r i t i s h Columbia'preceded the inrush of any s e t t l e r s while i n Washington T e r r i t o r y government was the result of such settlement. due to i t s proximity to Oregon and C a l i f o r n i a and the already established trade routes to the east. B r i t i s h Columbia, unfortunately, not having the population that was centred i n Washington Te r r i t o r y , nor the necessary connections could not develop so-rapidly. It was not u n t i l after 1871 and the coming of the railway in l88j> that B r i t i s h Columbia's trade .assumed any great proportions. The gold rush, of course did stimulate trade, but u n t i l then i t was negligible while that of Washington T e r r i t o r y had assumed a hardy and steady growth* In f a c t , during t h i s early period Washington T e r r i t o r y p r a c t i c a l l y monopolized the lumber:export from the northwest coast to the other parts of the world including (5) England* . Additional causes of B r i t i s h Columbia's backwardness were the attitude of the Home Government and the autocratic p o l i c i e s of Governor Douglas. "One has to conclude that the constitutional backwardness of the two B r i t i s h colonies on the N^rth-West P a c i f i c coast was due even more to the autocratic tendencies of James Douglas than to any fixed p o l i c y of the (6) B r i t i s h Colonial O f f i c e . " Douglas did rule these colonies very much as he pleased but the Colonial Office did not give the pecuniary assistance needed when the colonies were i n t h e i r infancy. Nor did the Colonial Office sponsor the colonies i n other ways as the United States Government had helped Washington Ter r i t o r y * This i s noticeable in the matter of roads and communications. B r i t i s h Columbia had no roads, (5) ' J* D. Pemberton, Op.ci't., p .63 & 66* (6) W* N. Sage, S i r James Douglas, p.289. 160. except a few on Vancouver I s l a n d u n t i l the gold rush made necessary the c o n s t r u c t i o n of the famous Caribou Road, one of the greatest achievements i n the world i n road-building* Roads, e a s i e r to b u i l d and to finance were pushed ahead i n Washington T e r r i t o r y under the bounty of the United States Government, so that by 1889 an e f f i c i e n t network of roads and t r a i l s crossed the t e r r i t o r y i n every d i r e c t i o n . The B r i t i s h c o l o n i e s were admittedly backward p o l i t i c a l l y ; yet B r i t i s h Columbia reached p o l i t i c a l maturity 18 years before Washington T e r r i t o r y . However, during t h e i r c o l o n i a l p e r i o d , the B r i t i s h c o l o n i e s ' l a c k of p o l i t i c a l development was obvious,when compared to the h i g h l y e f f i c i e n t t e r r i t o r i a l government of Washington T e r r i t o r y . Representative government had not worked w e l l on the i s l a n d and had hardly been t r i e d i n B r i t i s h Columbia. Vested i n t e r e s t s on the i s l a n d were to strong t o allow any great measure of popular c o n t r o l and the mainland was t o undeveloped to warrant i t . I f i t were not f o r the formation of the Dominion of Canada i n 1867 i t i s doubtful how long B r i t i s h Columbia would have stayed i n i t s s t a t i c , backward s t a t e . The c r e a t i o n of the Dominion of Canada hastened the l i b e r a t i o n of B r i t i s h Columbia from i t s a u t o c r a t i c c o l o n i a l government, The step from t e r r i t o r i a l government to s t a t e government i n Washington was not on a comparison w i t h t h i s l i b e r a t i o n . Washington assumed more c o n t r o l of her own a f f a i r s and d i d away w i t h the o f f i c i a l s f o rmerly appointed by the United S t a t e s , making t h e i r o f f i c e s e l e c t i v e . B r i t i s h Columbia, having very few e l e c t e d o f f i c i a l s and no p o s i t i v e c o n t r o l over her own a f f a i r s , now leaped to freedom; was granted equal p r o v i n c i a l status within the Dominion, a f u l l y elective assembly and responsible govern-ment. B r i t i s h Columbia gained more on becoming a province than Washington T e r r i t o r y i n i t s similar promotion to statehood. Compared to that i n B r i t i s h Columbia-, the govern-ment of Washington T e r r i t o r y was p l a c i d and uneventful. 'The T e r r i t o r y never went through the period of indecision that confronted B r i t i s h Columbia before I 8 7 I ; the way was c l e a r l y defined for i t to follow in the Ordinance of 1787* The inhabitants of that t e r r i t o r y had no quarrels with their government and only when i t came time, so they thought, for t h e i r state to be formed, did they become aroused. Most of t h e A h i s t o r y of B r i t i s h Columbia i s taken up with the establishment of the various types of government i n the two colonies. The history of Washington Ter r i t o r y , with the exception of the Indian Wars, i s not so c o l o r f u l and r e f l e c t s merely a bare r e c i t a l of events; T e r r i t o r i a l l y , Washington was far and above British Columbia. Its natural advantages were no more than those of B r i t i s h Columbia, but the guiding strength of the United States Government was behind the t e r r i t o r y to a degree never cl o s e l y approached by the B r i t i s h Government i n respect to her possessions i n the P a c i f i c Northwest. On the surface, the Washington t e r r i t o r i a l system seemed superior to the colonial governments of either Vancouver Island or B r i t i s h Columbia, the main disadvantage i t had being that many of the p r i n c i p a l o f f i c e r s were l i a b l e to be removed by a change of government 162. at the nation's c a p i t a l . S t i l l t his was offset by the l i b e r a l franchise, the modern laws and the greater degree of s e l f expression. It proved i t s superior!ty by the rapid opening up of communications, by removing the most formidable impediments to the f i r s t s e t t l e r s , and quickly converting the wilderness into a t e r r i t o r y and the t e r r i t o r y into a state. Today* Washington and B r i t i s h Columbia are no longer i n t e r r i t o r i a l or c o l o n i a l servitude. Their governments offe r just as interesting a comparison'now as they did during their e a r l i e r period* And today the comparison would be a f a i r e r one, because B r i t i s h Columbia has long since arisen from the doldrums and has assumed the place i n the world forecast for i t by i t s untold natural resources* Washington T e r r i t o r y and B r i t i s h Columbia are now on a par economically. S o c i a l l y they have always been equals* P o l i t i c a l l y , i t i s for someone else to decide whether the constitution of ffJashington State is superior or i n f e r i o r to that possessed by B r i t i s h Columbia. BIBLIOGRAPHY PRIMARY SPURGES A, PRINTED - OFFICIAL These documents form the basis of this work* They are a l l organized and s e l f -explanatory, and are to he found i n the L i b r a r i e s of the University of Washington and the University of B r i t i s h Columbia. Archives of B r i t i s h Columbia. Memoir No.II: Minutes of the Council of Vancouver Island, 1851-1861, edited by E. 0 . S* Scholefield, V i c t o r i a , Wm. H. C u l l i n , Printer 1918. Memoir N o . I l l : Minutes of the House of Assembly of Vancouver Island, I856-I858, edited by E. 0 , S. Scholefield, V i c t o r i a , 1918. Memoir No.IV: House of Assembly Correspondence Book, 1856-1859, edited by E, 0* S. Scholefield, V i c t o r i a , 1918. Papers Relative to the A f f a i r s of B r i t i s h Columbia, Parts I (1858), II (1859), III ( i 8 6 0 ) , IV (1862) Included i n these papers are the copies of despatches from the Secretary of State for the Colonies to the Governor of B r i t i s h Columbia and from the Governor to the Secretary of State r e l a t i v e to the Government of the colony. Also included are copies of the Act of Parliament to provide for the government of B r i t i s h Columbia, and the Governor's Commissions and instructions issued on this occasion. Despatches from Governor Douglas to the Colonial Offi c e , October 12, I858 to A p r i l 13, 1864. 5 Vols. Canadian Archives G. Series No.353-5. Photostat© copy i n the Library of the University of B* G. Journals of the Le g i s l a t i v e Assembly of B r i t i s h Columbia, 1864-1871. Proclamations of B r i t i s h Columbia I 8 5 8 - I 8 6 4 . Ordinances passed by the L e g i s l a t i v e Council of B r i t i s h Columbia from I865-I87I. Papers Connected with the Indian Land Question I 8 5 O - I 8 7 5 . Contains despatches from Douglas to the Secretary of State for the Colonies and .PRIMARY SOURCES - continued. ^' from the Secretary to Douglas regarding Indian p o l i c y f o r Vancouver I s l a n d and B r i t i s h Columbia. B r i t i s h Columbia Archives Report, 1913, Contains a good compilation of important despatches, l e t t e r s , and papers r e l a t i v e to B r i t i s h Columbia. B r i t i s h . F o r t h America Acts, C. H. Parmelee, P r i n t e r , Ottawa, 191J. Hansard Parliamentary Debates, I849-I87I. - Oregon Archives, (Including the j o u r n a l s , Governor's Messages and P u b l i c Papers of Oregon, from the e a r l i e s t attempts on the part of the people to form a government, down t o , and i n c l u s i v e of the session of the L e g i s l a t u r e of the T e r r i t o r y held i n 1849) . Lafayette Grover, Commissioner, Salem, 1853* Congressional Record, 32nd Congress, 2nd Session (the c r e a t i o n of Washington T e r r i t o r y , the organic Act) 50th Congress, 2nd Session (Enabling Act) Also the various debates i n Congress concerning Washington T e r r i t o r y from 1853 to I 8 8 9 . Laws of Washington T e r r i t o r y 1854-^5 ^the organic Act and the laws adopted by the f i r s t assembly) Laws of Washington T e r r i t o r y 1836-37 (vote of cenure of Stevens) Laws of Washington T e r r i t o r y 1860-61iPacific Republic scheme) Laws of Washington T e r r i t o r y 1867 (franchise) » « " « 1871 (franchise and schools) Laws of Washington T e r r i t o r y 1878 (franchise and schools) Laws of Washington T e r r i t o r y .1886 (franchise) F i n a n c i a l H i s t o r y of the State of Washington, L. D. McArdle, d i r e c t o r . Contains a summary of the outstanding debt of the t e r r i t o r y i n 1889* House Journal of Washington T e r r i t o r y 18J4. Garter, Clarence Edwin ( e d i t o r ) , The T e r r i t o r i a l Papers of the United States, PRIMARY SOURCES - continued* 3. Vols. I & II, Government Printing Office, Washington D.C., 1934. Contains the North West Ordinance of 1787 and related documents. Reports of the Secretary of the Interior, Washington D. C , In the various reports of the Secretary of the Interior of the United States can be found no end of material r e l a t i n g to Washington Territory, i t s resources, population, l e g i s l a t i o n , lands, education etc. The reports of the various governors of the T e r r i t o r y to the Secretary of the Interior are especially interesting and informative. See especially reports for 1855, 1871, 1876, 1881, 1884, 1886* B. PRINTED - UNOFFICIAL The following documents are published i n the Washington H i s t o r i c a l Quarterly. Letter of Isaac I. Stevens to George W* Manypenny, July 16, 1855, concerning the Flathead Indian Treaty Council of 1853, edited by A l f r e d J. P a r t o l i , Vol.XXIX,p.283-315. Proclamation of Governor Stevens of November 28, 1853, (start of Washington T e r r i t o r i a l Government) Vol.XXI, pages 138-141. Washington Constitutional Convention Proceedings June 11 to July 27, 1878 and the text of the constitution, Washington's F i r s t Constitution, edited by John T. Condon, Vol.IX 129-152, 208-229, 296-307, Vol.X 57-68, 110-141* C. PRIMARY - CONTEMPORARY Gray, W. H., History of Oregon, Portland, Harris & Holman, I87O. This book seems unreliable because of i t s intense bias against the Roman Catholics and the Hudson's Bay Company but, on the other hand, i t i s valuable because of the documents quoted and the facts given about the provisional govern-ment * Macfie, Matthew, Vancouver Island and B r i t i s h Columbia, London, Longmans, Green and Longmans, 1865. Gives f u l l and c l a s s i f i e d information about the colonies; and admirable source for a study of the early economic l i f e of B r i t i s h I. PRIMARY SOURCES - continued. 4. Columbia, especially i n the gold rush period* Mayne, Richard Charles, Four Years i n B r i t i s h Columbia and Vancouver Island, London, John Murray, 1862. A supplementary book to Mae f i e giving information about the colonies for prospective s e t t l e r s . Pemberton, J . Despard, Pacts and Figures r e l a t i n g to Vancouver Island and B r i t i s h Columbia, London, Longman, Grenn, Long-man, Roberts, and.Green, i 8 6 0 . He emphasizes the isolated position of B r i t i s h Columbia and i t s dependence on the United States* Ruffner, ¥. H., A report on Washington f^&sCotJ* T e r r i t o r y , New York, 1889. H i s t o r i c a l l y c of l i t t l e use but economically sound and Informative* Swan, J. G. The North West Coast or Three Years residence i n Washington Territory, iMew York, Harper & Bros. 1857. Vague impressions but an interesting contemporary document* Victor, Mrs. Francis F u l l e r , Oregon and Washington, San Francisco, John H. Carmary & Co.* I872. Sets out to give a description of the scenery, s o i l , climate, resources, and improvements, with an outline of i t s early history, remarks of geology, botany, hints to immigrants, t r a i l s , railroads and the price of land. Unhappily Washington T e r r i t o r y i s buried under the wealth of material and l i t e r a r y emphasis on Oregon, Bancroft, Hubert Howey History of the North-west Coast, 2 Vols. San Francisco, The History Co., 1887. A colossal work but distinquished by l i t e r a r y b r i l l i a n c e rather than sound h i s t o r i c a l c r i t i c i s m . " History of B r i t i s h Columbia, San Francisco, The History Co., 1887. Good but d i s t i n c t l y biassed and hard on the Hudson's Bay Company. He i s i n c l i n e d to be too sarcastic and unappreciative of the early endeavors of the o f f i c i a l s i n B r i t i s h Columbia. I I . SECONDARY SOURCES A* GENERAL I I SECONDARY SOURCES - continued 5 B a n c r o f t H i s t o r y of Oregon, San Francisco, The H i s t o r y Co., 1886. This i s a b e t t e r work. I t i s f u l l of d e t a i l but s t i l l i n c l i n e d to be colored. Bancroft, H i s t o r y of Washington, Idaho, and Montana, San Francisco, The H i s t o r y Co., 1890. This work on Washington i s a mine of ideas which need v e r i f i c a t i o n . Many of these ideas w e l l repaid f u r t h e r study. I t i s a much b e t t e r , though s h o r t e r , work than h i s book on B r i t i s h Columbia. Barrows, Wm., Oregon - The Struggle f o r Possession. Boston, Houghton, M i f f l i n & Co., 1888. Weak. Statements unsound and u n c r i t i c a l . Begg, Alexander, H i s t o r y of B r i t i s h Columbia, Toronto, Wm. B r i g g s , I894. A d u l l /^Z^s^C&aaeei of B r i t i s h Columbia's h i s t o r y containing a mass of documentary m a t e r i a l but uncoordinated and verbose. Carey, Charles Henry, H i s t o r y of Oregon, P o r t l a n d , the Pioneer H i s t o r i c a l P u b l i s h i n g Co., 1922. A good work very readable and i n f o r m a t i v e . Used f o r the p e r i o d to 1846; Caughey, J . W., H i s t o r y of the P a c i f i c Coast, Lancaster, Pa., The Lancaster Press, 1933. A b r i e f resume of the h i s t o r y of the P a c i f i c Coast west of the Rockies. A l l too b r i e f and inaccurate on . B r i t i s h Columbia h i s t o r y . Coats, R. H. and G o s n e l l , R.E., S i r James Douglas (Makers of Canada S e r i e s ) Toronto, 1911. An undistinguished biography and h i s t o r y w r i t t e n without much reference to documentary sources. Coupland, R., The American Revolution and the B r i t i s h Empire, New York, Longman's, Green and Co., 1930. I n t e r e s t i n g f o r - a d i s c u s s i o n of B r i t i s h C o l o n i a l p o l i c y . D e a v i l l e , A. S., The C o l o n i a l P o s t a l Systems and Postage Stamps of Vancouver Island and B r i t i s h Columbia, Memoir No. V I I I . An i n v a l u a b l e work on t h i s s u b j e c t , w e l l w r i t t e n and authenticated. Denny, Arthur A.,Pioneer Days on Puget Sound, S e a t t l e , The A l i c e Harriman Co., 1908. A b r i e f yet eloquent record of pioneer days by one of the founders of S e a t t l e . Egerton. H. E., A Short H i s t o r y of B r i t i s h C o l o n i a l P o l i c y 1606 ..». 1909 -"London, Methuen & - Co. L t d . , 1932~. :This, gives 6 SOURCES - continued* a general o u t l i n e of B r i t i s h C o l o n i a l P o l i c y with no s p e c i f i c references to B r i t i s h Columbia. F i s k e , John. The C r i t i c a l P e riod of American H i s t o r y , 1783 - 1789, Boston, Houghton, M i f f l i n & Co., 1889* Contains good m a t e r i a l on the Northwest Ordinance. P u l l e r , George W., H i s t o r y of the P a c i f i c Northwest, New York, A l f r e d A. Knoff, 1931* This l a y s too much s t r e s s on the American Northwest and more or l e s s ignores B r i t i s h Columbia. G o s n e l l , R. E., e d i t o r , The Year Book of B r i t i s h Columbia, 1897, V i c t o r i a , 1897. A great amount of tabulated information on B r i t i s h Columbia's resources, trade and government, but a l i t t l e sketchy on the C o l o n i a l p e r i o d . H a l l , Henry L., The C o l o n i a l O f f i c e , London, Longman's, Green & Co., 1937* Gives an i n t e r e s t i n g and informative o u t l i n e of the o f f i c e , i t s growth, f u n c t i o n s , and present day d u t i e s . Not-a great deal on nineteenth century p o l i c i e s * Holman, H* V., Doctor John McLoughlin, Cleveland, The Arthur H. Clark Co.,1907. A good biography, substantiated w i t h documents*. Howay, F r e d e r i c k W., B r i t i s h Columbia, The Making of a Province, Toronto, 1928* an e x c e l l e n t school t e x t and b r i e f h i s t o r y of the province. Howay, F. W., and S c h o l e f i e i d , E.O.S., Br i t i s h ' C o l u m b i a , 2 V o l s . , Montreal, S. J . Clarke P u b l i s h i n g Co., 1914. A very good general survey based on documents* Not a d e f i n i t i v e h i s t o r y , but to date the standard h i s t o r y of B r i t i s h Columbia. I r v i n g , Washington, A s t o r i a , New York, G. P. Putnam's Sons, 1883. A c o l o r f u l and i n t e r e s t i n g s t o r y but poor h i s t o r y . Used f o r reference only. Jacobs, M. C , 7/inning Oregon, C a l d w e l l , Idaho, The Claxton P r i n t e r s L t d . , 1938* A though t f u l unbiased work f a i r to B r i t a i n and her claims to Oregon. Jenks, Edward, Government of the B r i t i s h Empire, London, John Murrary, 1929• Used f o r reference only. Kingston, C. S., and Oliphant, J . Orin, An Outline of the P a c i f i c Northwest, Cheney i l . SECONDARY SOURCES - continued. 7. 1926. A short u s e f u l o u t l i n e of the Chronological h i s t o r y of Washington T e r r i t o r y * Lyman, Horace S., H i s t o r y of Oregon, 2 Vols.. New York, North P a c i f i c P u b l i s h i n g Co.,' 190J, Biased and u n r e l i a b l e . M a r s h a l l , W i l l i a m I . , A c q u i s i t i o n of Oregon, 2 V o l s . , S e a t t l e , Lowman & Hanford Co., 1911, Emphasis on the m i s s i o n a r i e s , used f o r reference only. Montgomery, Richard G., The White Headed Eagle, New York, The Macmillan Co., 1935. A very readable biography with a number of McLoughlin's l e t t e r s included. Morison, S. E. and Commager, H. S., The Growth of the American Republic, 2 Vols., Oxford U n i v e r s i t y Press, New York, 1937. Too b r i e f on Washington to be of much value but good as a composite p i c t u r e of American westward expansion. M u l l e t , Charles F., The B r i t i s h Empire, New York, 1938. A standard text on B r i t i s h c o l o n i a l p o l i c y and the growth of the B r i t i s h Empire. Munro, W. B., The Government of the United St a t e s , New York, The Macmillan Co., 1925• one o f the best and most valuable works on the government of the United S t a t e s . H e l p f u l f o r American t e r r i t o r i a l p o l i c y * Paxson, Frederick L., H i s t o r y of the American F r o n t i e r , I763-I893, New York, Houghton, M i f f l i n Co., 1928. A useful' h i s t o r y of American westward expansion, b r i e f but comprehensive, discussing American • t e r r i t o r i a l p o l i c y adequately. Poley, Arthur P., The Federal Systems of the » United States and the B r i t i s h Empire, Boston, L i t t l e Brown & Co., 1913. Only h e l p f u l as a reference. Ram, V. Shiva, Comparative C o l o n i a l P o l i c y , C a l c u t t a ^ Longman's Green & Co..Ltd,, 1926. Does not go back f a r enough to be of value f o r t h i s t h e s i s but does compare American, B r i t i s h and French c o l o n i a l p o l i c i e s of recent years i n a c l e a r manner. Reid, R. L., The Assay O f f i c e and the Proposed ^jjMint- at New Westminster. Of no p a r t i c u l a r ^ ^ a l u e . b u t an i n t e r e s t i n g and s c h o l a r l y piece of work on t h i s s i d e l i g h t i n B r i t i s h Columbia fs development, R e i g e l , W., America Moves West, New York, The Henry Holt & Co., 193O. Supplements RY SOURCES - continued. 8 Paxson's work but not as good or as i n f o r m a t i v e . Sage, W. N., S i r James Douglas and B r i t i s h Columbia, Toronto, U n i v e r s i t y of Toronto Press, 1 9 3 0 . I am indebted to t h i s book f o r i t s sound h i s t o r i c a l s c h o l a r s h i p and the i n s p i r i n g s t o r y of B r i t i s h Columbia and Douglas's part i n i t , that the author has ao notably and f a i t h f u l l y portrayed. Schafer, Joseph,, H i s t o r y of the P a c i f i c Northwest, New York, The Macmillan Co., 1 9 0 5 and. r e v i s e d 1 9 1 8 . T h i s i s good but often inaccurate and again B r i t i s h Columbia i s not so nearly w e l l done as Washington or Oregon. S h i e l s , Archie W., San Juan I s l a n d s , Juneau Alaska, Empire P r i n t i n g Co., 1 9 3 8 . Gives a competent p i c t u r e o f the San Juan Controversy. S h o r t t i A. and Doughty, A. G., ( e d i t o r s ) Canada and i t s Provinces, v o l s . 2 1 & 2 2 , London, Glasgow, Brook & Co., I 9 1 4 . The a r t i c l e s by T. C. Marquis, Period of E x p l o r a t i o n ; R. E. Gosnell, G o l o n i a l H i s t o r y ; F. W. Howay, P o l i t i c a l History; C, H. L u g r i n , Economic H i s t o r y , are a l l e x c e l l e n t but need v e r i f i c a t i o n because they are too general. Smith, H. A., Federalism i n North America, Boston, 1 9 2 5 . Used only as a reference. Snow, Alpheus Hv, The A d m i n i s t r a t i o n of Dependencies, New York, G. P. Putnam's Sons, 1 9 0 2 * H e l p f u l i n a general way but no p a r t i c u l a r reference t o B r i t i s h Columbia or Washington. Snowden, C l i n t o n A., H i s t o r y of Washington, The Rise and Progress of an American S t a t e , New York, The Century H i s t o r y Co., 1 9 0 9 . Another s c h o l a r l y work on a par with Meany's h i s t o r y but more d e t a i l e d * Sparks, Edwin E., The Expansion of the American People, Chicago, S c o t t , Foresman & Co., 1 9 0 0 * The s t o r y of the expansion of the American f r o n t i e r t o l d as. a n a r r a t i v e rather than a h i s t o r y . Stevens, Hazard, the L i f e of. Isaac I . Stevens, New York, Houghton, M i f f l i n & Co,, 1 9 0 0 . N a t u r a l l y biassed but gives e x c e l l e n t information on the f i r s t governor and h i s a d m i n i s t r a t i o n * Turner F r e d e r i c k J * , The F r o n t i e r i n SECONDARY SOURCES - continued. 9 . American H i s t o r y , New York, Henry Holt & Co., 1921. An e x c e l l e n t book on American t e r r i t o r i a l p o l i c y and expansion by a recognized a u t h o r i t y i n t h i s f i e l d . B* SPECIAL A r t i c l e s i n Magazines, Reports and Newspapers. Magazine A r t i c l e s . Washington H i s t o r i c a l Quarterly, now the P a c i f i c Northwest Quarterly. This q u a r t e r l y was very valuable not only f o r the excellence of the a r t i c l e s published i n i t but also f o r the numerous documents that appeared from time to time* Abbot, Lawrence F,, New York and A s t o r i a , V o l . X V I I I , 21-24* A short a r t i c l e on A s t o r 1 s e n t e r p r i s e , Beardsley, Arthur S., Compiling the T e r r i t o r i a l Codes of Washington, Vol.XXVIII, 3 - 5 4 . An o u t l i n e of code making i n Washington T e r r i t o r y . B o l t o n , Fred E., High Schools i n Washington T e r r i t o r y , Vol.XXIV, 2 1 1 - 2 2 0 , 2 7 1 - 2 8 2 . Good and w e l l documented. Conn, Captain Samuel F., M a r t i a l Law i n Washington T e r r i t o r y , Vol.XXVII, 1 9 5 -2 1 8 * An i n t e r e s t i n g account of t h i s t r y i n g p e r i o d . Cunningham, Gertrude, The S i g n i f i c a n c e of 1846 to the P a c i f i c Coast, V o l . XXI 31-54* Explains the e f f e c t s of the Oregon Treaty and i t s importance to B r i t a i n and the United S t a t e s . Dimmitt, L. M., Reverend, Father Blanchet, 1 8 1 8 - 1 9 0 6 , Vol.XXV, 2 9 4 - 2 9 6 * An i n t e r e s t i n g short a r t i c l e on t h i s Roman S a t h o i i c missionary. E l l i o t , T. C., Dr. John McLoughlin and h i s Guests, V o l . I l l , 6 3 - 7 7 . Well w r i t t e n and u s e f u l f o r reference. Gray, Mary A., Settlement of the Claims i n Washington of the Hudson's Bay Company, and the Puget Sound A g r i c u l t u r a l Co., Vo l i X X I , 9 5 - 1 0 2 , Well documented account of the tr a n s a c t i o n s respecting these claims * Himes, George H., Organizers of the F i r s t Government i n Oregon, V o l . I V , l 6 2 - l 6 7 SECONDARY SOURCES - continued. 1 0 * Howay, F. W. Loss of the Tonquin, V o l . X I I I , 8 3 — 9 2 . An e x c e l l e n t a r t i c l e s e t t i n g f o r t h the whole s t o r y c l e a r l y , Kinnear, John R., Notes on the C o n s t i t u t i o n Vol.IV, 2 7 6 - 2 8 0 . I n t e r e s t i n g notes by member of the Convention. Enapp, Lebbeus J . , O r i g i n of the C o n s t i t -u t i o n of the State of Washington, V o l . IV, 2 2 7 - 2 7 5 . A t h e s i s w r i t t e n f o r the U n i v e r s i t y of Washington, gives f u l l y the various o r i g i n s of the terms i n the st a t e c o n s t i t u t i o n . i£hight, N. R., Background of Banking, i n -Early Washington, Vol.XXYI,243 - 2 6 3 ,and Pioneer P r i v a t e Bankers i n Washington SS, Vol.XXV,2 4 3 ^ 2 5 2 * Two good short a r t i c l e s d i s c u s s i n g b r i e f l y the t e r r i t o r y ' s e a r l y banks and bankers. Meany, E. S. The C o w l i t z Convention, V o l . X I I I , 3 - 1 9 . Very good de s c r i b i n g the i n c e p t i o n of Washington T e r r i t o r y . Pearce, S t e l l a E., Suffrage i n the P a c i f i c Northwest, v o l . I l l , 1 0 6-114. An e x c e l l e n t d e t a i l e d a r t i c l e on the American suffrage i n the northwest,but no mention of B r i t i s h Columbia. Raymer, R* G., Educational Development i n the T e r r i t o r y of Washington, Vol.XVIII, I 6 3 - I 8 O . E x c e l l e n t and h e l p f u l as a s t a r t i n g p o i n t . Reid, R. L., The Whatcom T r a i l s to the Fraser R i v e r Mines i n 1 8 3 8 , Vol.XVIII, 1 9 9 - 2 0 6 , 2 7 1 - 2 7 6 . Very good, d e s c r i b -ing the e f f o r t s of the Americans to open a t a x - f r e e way to the new gold f i e l d . Ross, M. Margaret, A B r i t i s h Columbia Reformer, Amor de Cosmos, vol.XXIII 1 1 0 - 1 3 0 . An e x c e l l e n t short a r t i c l e on t h i s c o l o r f u l f i g u r e of B r i t i s h Columbia H i s t o r y and h i s career as a reformer. Trimble, w* S , A m e r i c a n and B r i t i s h Treatment of Indians i n the P a c i f i c Northwest, Vol*V, 3 2 - 3 4 . A fair and unbiased contrast between the two p o l i c i e s . Tunem, A l f r e d , San Juan I s l a n d s , Controvery, V o l . m i l , 3 8 - 4 6 , 1 3 3 - 1 3 7 , 2 8 6 ^ 3 0 0 . A w e l l documented account. Wrinch, Leonard A., The Formation of the Puget*s Sound A g r i c u l t u r a l Company, V o l . j q a V 3-8. .A very good reference f o r t h i s subject* 11. Oregon • ' H i s t o r i c a l S o c i e t y Quarterly. Davenport, T. W., R e c o l l e c t i o n s of an Indian Agent, Vol.VIII,1-14,95-128,231-264, 352-374. i n t e r e s t i n g s i d e l i g h t s on the American Indian p o l i c y . Holman, if. V., Origon P r o v i s i o n a l Government Vol, X I I I , 89-139, An e x c e l l e n t a r t i c l e showing the formation of the f i r s t government i n the P a c i f i c Northwest. Prosch, T. W., P o l i t i c a l Beginnings of Washington T e r r i t o r y , vol.VI, 147-158. An account of the conventions at M o n t i c e l l o and Gowlitz. Prosch, T, W. * Indian War i n Washington T e r r i t o r y , V o l . XVI, 1-23, a d i s c u s s i o n of the wars and t h e i r causes and e f f e c t s . Canadian H i s t o r i c a l Heview Reid, R. L., The F i r s t Bank i n western Canada, V o l , V I I , 294-301. Good but l a t e r proved inaccurate on se v e r a l points by B e a t t i e ' s Thesis, Sage, W. N., E a r l y Days of Representative Government i n B r i t i s h Columbia, V o l . I l l , 143-180. An accurate w e l l documented b r i e f account of the struggle f o r repr e s e n t a t i v e government i n e a r l y B r i t i s h Columbia and Vancouver I s l a n d . Sage., W. NY, The Gold Colony of B r i t i s h Columbia, Vol,II,3 4 0 - 3 5 9 . A good account of the immediate e f f e c t s of the gold rush on the h i s t o r y of B r i t i s h Columbia. Canadian H i s t o r i c a l A s s o c i a t i o n Annual Reports. Howay, F, W., B r i t i s h Columbia's Entry i n t o Confederation, Report of 1927,pp.67-73» A good account of the events~leading to B r i t i s h Columbia's f i n a l d e c i s i o n . Sage, W. N., Some Aspects of the Canadian F r o n t i e r j R e p o r t f o r 1928,p ,62. Proves - that Ganadaaii had a f r o n t i e r movement on a p a r a l l e l with that of the b e t t e r known westward movement i n the United S t a t e s . Outlines B. G.'s part i n t h i s . movement. Sage, W. N.., The Annexationist Movement i n B r i t i s h Columbia, The Royal So c i e t y of B r i t i s h Columbia, T h i r d S e r i e s , Vol.2 1 . A c a r e f u l account of the movement w r i t t e n 12, w i t h r e f e r e n c e t o t h e n e w s p a p e r s o f t h e t i m e . The a u t h o r m a k e s n o e x t r a v a g a n t c l a i m s r e g a r d i n g t h e s t r e n g t h o f t h e A n n e x a t i o n i s t p a r t y i n . B r i t i s h C o l u m b i a . S a g e , w . N., From C o l o n y t o P r o v i n c e , B r i t i s h C o l u m b i a h i s t o r i c a l Q u a r t e r l y , V o l . I l l , p . . 1 - A v e r y c a r e f u l s t u d y o f t h e c o m i n g o f r e s p o n s i b l e g o v e r n m e n t a n d p r o v i n c e h o o d . S a g e , e?., N., T h e C r i t i c a l P e r i o d o f B r i t i s h C o l u m b i a , P a c i f i c h i s t o r i c a l R e v i e w , V o l . I , p p . 4 2 4 - 4 4 3 . A n e x c e l l e n t d i s c u s s i o n o f t h e e c o n o m i c t r o u b l e s o f B r i t i s h C o l u m b i a a n d t h e i r r e l a t i o n t o C o n f e d e r a t i o n i n I 8 7 I . E l l i s o n , Joseph, T h e S e n t i m e n t f o r a P a c i f i c R e p u b l i c , A m e r i c a n h i s t o r i c a l A s s o c -i a t i o n , P a c i f i c C o a s t B r a n c h P r o c e e d i n g s 1928-1930, p .94-118, A v e r y g o o d a c c o u n t o f t h i s s h o r t l i v e d p o l i t i c a l s c h e m e . B e a t t i e , R , K , , B a n k i n g i n C o l o n i a l B r i t i s h — C o l u m b i a , B . A , T h e s i s , 1929 • W r i n c h , L , A . , L a n d P o l i c y o f t h e C o l o n y o f V a n c o u v e r I s l a n d , 1849-1866. M . A . T h e s i s , s u b m i t t e d 1932, e x c e l l e n t . N e w s p a p e r s . B r i t i s h c o l o n i s t , v i c t o r i a , B . C . V i c t o r i a G a z e t t e , " " C o l u m b i a n , O l y m p i a , w . T * 

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