CONTENTdm
Northwest bookshelf. Vol. XI
British Columbia Historical Books Collection
Ireland, Willard E.
Provincial Archives of British Columbia
British Columbia Historical Association
"Supersedes the association's Annual report and proceedings. Table of contents, index in each volume. Indexed in Canadian index. Last number appeared in 1958."-- Lowther, B. J., & Laing, M. (1968). A bibliography of British Columbia: Laying the foundations, 1849-1899. Victoria, BC: University of Victoria, p. 193. "Published by the Archives of British Columbia in co-operation with the British Columbia Historical Association. Superseded the Association's Annual report and proceedings. Table of contents and index in each volume. Also indexed in the Canadian Index. Publication suspended with vol.21, Jan., 1957-0ct., 1958, i.e. 1963. Includes many articles and reviews of publications on the precolonial period."-- Strathern, G. M., & Edwards, M. H. (1970). Navigations, traffiques & discoveries, 1774-1848: A guide to publications relating to the area now British Columbia. Victoria, BC: University of Victoria, p. 32.
306 pages : coat of arms, portraits, illustrations, photographs ; 25 cm
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THE BRITISH COLUMBIA HISTORICAL QUARTERLY 1947 EDITOR. Willahd E. Ireland. Provincial Archives, Victoria, B.C. ADVISORY BOARD. J. C. Goodfellow, Princeton, B.C. T. A. RlCKARD, Victoria, B.C. W. N. Sage, Vancouver, B.C. ftR F58 CO BS75 CONTENTS OP VOLUME XI. Articles: Page. "Dear Sir Matthew ": A Glimpse of Judge Begbie. By Sydney G. Pettit 1 - The Sea-otter in History. By T. A. Rickard . 15 Lieutenant-Colonel Israel Wood Powell, M.D., CM. By B. A. McKelvie 33 British Columbia Steamboat Days, 1870-188S. By Norman Hacking , 69 Judge Begbie in Action: The Establishment of Law and Preservation of Order in British Columbia. By Sydney G. Pettit 113 - Alberni Canal. By Earle Birney 157 Books and Libraries in Fur-trading and Colonial Days. By Madge Wolfenden 159 His Honour's Honour: Judge Begbie and the Cottonwood Scandal. By Sydney G. Pettit ,. 187 - Sir James Douglas, K.C.B.: The Father of British Columbia. By W. N. Sage 211 Prehistoric Cairns and Mounds in British Columbia with a Report on the Duncan Burial Mound. By A. E. Pickford 237 The Work of Veniaminov in Alaska. By Archie W. Shiels 265 The Tyrant Judge: Judge Begbie in Court. By Sydney G. Pettit 273'- Notes and Comments 55, 149, 229, 295 The Northwest Bookshelf: Growing Pains. By Madge Wolfenden 63 The Westward Crossings. By T. A. Rickard . 64 Indian Relics of the Pacific Northwest. By A. E. Pickford 67 The Northwest Bookshelf—Continued. Minutes of the Hudson's Bay Company, 1679-1681. First Part, 1679-1682. By George F. G. Stanley 3 Loyalist Narratives from Upper Canada. By W. Kaye Lamb 1 Colony to Nation:, A History of Canada. By W. N. Sage 1 History of Burnaby and Vicinity. History of Salmon Arm, 1885-1912. By Willard E. Ireland 2 The Big Bonanza. By T. A. Rickard 2 Francis Drake and the California Indians, 1579. By W. Kaye Lamb 2 Third Crossing. The Assiniboine Basin. Papers read before the Historical and Scientific Society of Manitoba. Season 19i5-i6. By Willard E. Ireland 2 Shorter Notices ERRATA Page 4, ine20: For«, ould read who. Page 13 foot-note 17, ne3: Delete a t that time also. Page 80 line 29: For 1873 read 187h. Page 96 foot-note 107, line 3: For Meyer read Meyer Page 16 .lines 15,22: For McKinley read McKinlay. Page 229, line 40: For C Burns read J. Rodger Bur THE BRITISH COLUMBIA HISTORICAL QUARTERLY JANUARY, 1947 mi li LIBRARY We BRITISH COLUMBIA HISTORICAL QUARTERLY Published by the Archives of British Columbia in cooperation with the British Columbia Historical Association. EDITOR. Willard E. Ireland. Provincial Archives, Victoria, B.C. ADVISORY BOARD. J. C. Goodfellow, Princeton. T. A. Rickard, Victoria. W. N. Sage, Vancouver. Editorial communications should be addressed to the Editor. Subscriptions should be sent to the Provincial Archives, Parliament Buildings, Victoria, B.C. Price, 50c. the copy, or $2 the year. Members of the British Columbia Historical Association in good standing receive the Quarterly without further charge. Neither the Pro- Association assumes to the magazine. The Quarterly is indexed ii m 1 BRITISH COLUMBIA HISTORICAL QUARTERLY "Any country worthy of a future should be interested in its past." Vol. XI. Victoria, B.C., January, 1947. No. 1 CONTENTS. "Dear Sir Matthew ": A Glimpse of Judge Begbie. The Sea-otter in History. Lieutenant-Colonel Israel Wood Powell, M.D., CM. ByB, A. McTCelvie _.._ 33 Notes and Comments: British Columbia Historical Association Memorial to Sir James Douglas, K.C.B. Memorial Cairns Unveiled at Langley Memorial to Judge Howay Ang^l™ SchnWt.- 1RKK-194K Contributors to this Issue ... 55 59 59 gP'^i 61 61 The Northwest Bookshelf: Carr: Growing Pains. By Madge Wolfenden Mirsky: The Westward Crossings. By T A Rickard 64 Seaman: Indian Relics of the Pacific Northwest. 67 Shorter Notices: 68 "DEAR SIR MATTHEW": A GLIMPSE OF JUDGE BEGBIE.* No record of the formative years of British Columbia can be complete without an account of the work and personality of Matthew Baillie Begbie. As Judge of the mainland colony it was his task to establish and maintain the law in the turbulent days of the gold-rush. At first there were no roads, no towns or villages, no court-houses, and no jails. He was obliged to travel as best he could, on horse-back or by wagon, sometimes on foot, passing along precipices and toiling through mountain gorges. At night he was fortunate to find shelter in a Magistrate's cabin. More often than not he slept in a small Hudson's Bay Company tent that by day had to serve as chambers. His was a vast circuit and one that grew in length, as in the successive seasons the miners pushed up the canyons to fabulous Cariboo. There were between twenty-five and thirty thousand of these adventurers in the first rush in the spring of 1858, and among them a lawless element of gamblers, claim-jumpers, and gunmen who were accustomed to scoff at the law and deride its officers. From April, through the long summer, James Douglas, Governor of the Colony of Vancouver Island, held white man and Indian alike under the rule of law. After the territory had become a colony on November 19, he was able to delegate these duties to Judge Begbie, who had arrived from England on the sixteenth of the same month. It was not long before the miners came to entertain a healthy respect for the giant Judge and for the redcoats and bluejackets whom he could call to his aid if the need should arise. Fearless and incorruptible, he made his name a terror to evil-doers who, rather than face his stern and impartial justice in the Queen's court, abstained from violence or fled the country, never to return. A talented man, Judge Begbie served the colony in many capacities beyond the line of his official duties, becoming, as it were, Governor Douglas' first lieutenant in the field. In addi- if four articles dealing with the career of 2 Sydney G. Pettit. January tion to the part he played in framing the law, he drew maps, supervised the sale of town lots, and wrote reports on any subject the Governor asked him to investigate. When the colony became more peaceable and settled, and more government servants were at the Governor's disposal, the Judge was relieved of these duties and was able to devote his time to the civil litigation that began to increase in volume as the miners reached Cariboo. In the early days he had been law-maker and lawgiver, and not infrequently served as counsel for the defence and prosecution at the same time. Such conditions were peculiarly suited to his disposition, which was autocratic, and to his methods, which, to say the least, were highly personal in nature. But when barristers appeared in the colony and began to plead in complicated cases, the Judge continued to act as a law unto himself and, as there was no Court of Appeal nearer than London, he generally had his way. As a result, the colony was in an uproar during the assizes; mass meetings of protest were held, and on one occasion a petition was sent to the Governor demanding the Judge's dismissal.1 But Judge Begbie was as tough and tenacious as his bitterest enemies. When they annoyed him, he gave them a tongue-lashing they never forgot. If they went too far, and he considered that his contemptuous disregard would be taken as an acknowledgment of guilt or serious error, he would clap them in jail for contempt of court. He survived storm after storm, saw governors and governments come and go, and died in 1894 at the age of seventy-five, Chief Justice of the Province of British Columbia. It is not unnatural that a legend should survive a man of such unusual qualities. The Begbie legend, which is still to be encountered in most parts of the Province, has many rich facets. In the Interior older residents point to trees from which they say Judge Begbie hanged a California gunman with his own hands. Such stories form the basis.of the legend of the Hanging Judge. Those who have grown up in the native-son tradition denounce him as an arrogant Englishman, a bully and an ignoramus unfit to administer the law to the peaceful, respectable miners from California. Anecdotes of his grim humour and sharp repartee are still related in clubs and offices, and (1) Victoria Colonist, June 28,1866. 1 1947 " Dear Sir Matthew." 3 elderly newspapermen mimic his shrill denunciation, for, like Bismarck, his great stature was offset by a high-pitched voice.2 In such wise the legends of the Tyrant Judge and the Eccentric Judge have come into being. In the older and still stately homes of Victoria are the survivors of a generation that knew him in his later years. He lingers in their memory as a dear friend and a great gentleman. They point with pride to the chair in which he always sat or the piano where he sang for their entertainment. As their cultivated voices take up the story of " dear Sir Matthew," it is almost possible to see him striding down the drive in his great black hat and cape, with half a dozen spaniels frisking at his heels. As Judge Begbie sometimes remarked to his friend, Peter O'Reilly,3 it is impossible to find people who are all of a piece. The most incongruous traits exist in the same person. We have all been surprised to find at one time or another that a person whom we know to be unbearably proud is also capable of genuine humility. The stern and ruthless are sometimes kind and generous. The intellectually gifted sometimes make colossal blunders. The Judge himself possessed many qualities that were seemingly irreconcilable. In the courts he was an autocrat of autocrats, harsh, irascible, and given to handing down the most extraordinary judgments. Yet those who knew him well all agree that he was modest, kindly, generous, and a man of rare intellect. It is small wonder then that a series of legends has grown about his memory. It is also no matter for surprise that the Begbie legends give a distorted picture of the man, for in each case they are exaggerations of one of his many contradictory qualities. (2) There is some difference of opinion about Judge Begbie's voice. Of those who knew him, a majority agrees that he had a high tenor voice. Another opinion is that the Judge, when excited or animated, was rather shrill, but normally spoke in rather deep tones. He is said to have sung bass in the choir of St. John's Church, Victoria, B.C. (3) Peter O'Reilly, born in Ince, Lancashire, England, and educated in Ireland, came to British Columbia in 1859, where he resided until his death at Victoria, September 3, 1905, at the age of 77 years. In April, 1859, he was appointed a Justice of the Peace, and subsequently he served for many years as Stipendiary. Magistrate and Gold Commissioner in the Cariboo and elsewhere in the Province. His friendship with Judge Begbie dates from Cariboo days. 4 Sydney G. Pettit. January When it came to appointing a man to act as Judge in the new colony, Sir Edward Bulwer Lytton recognized at once that his choice must be governed by the special circumstances prevailing in that remote possession.4 From Douglas' dispatches it was apparent that courage, integrity, and great powers of endurance would be highly necessary qualifications. To control the Indians and keep order among the miners would demand the fortitude and physical presence of a McLoughlin or a Douglas. In the gold-fields, where threats and bribes were a common resort, and where there were unusual opportunities to use official information for gain, the Judge must be a man of impeccable character. As the country was a wilderness, travel meant long journeys under the most trying conditions of climate and terrain. Professional qualifications alone, no matter how high, would not suffice to carry a man over these immense distances in the face of every hardship and danger, nor would they dissuade California toughs from resorting to gun and bowie. As Lytton said, the Judge must be a man who could, if necessary, truss a murderer up and hang him from the nearest tree.6 In order to find a man in the legal profession would could meet these requirements, and who would be willing to take up a life of hardship arid danger on the other side of the world, Lytton sought the advice of Sir Hugh Cairns, the Solicitor-General. He recommended a struggling young barrister with whom he had read law at Lincoln's Inn fifteen years before, a Mr. Begbie, whose unusual personal qualities and love of travel and adventure admirably fitted him for the position. There can be no doubt that Begbie created a favourable impression at his first interview. He was over 6 feet, well proportioned, and courtly in manner. A photograph taken at the time shows him wearing a jaunty, low-crowned black hat and a black jacket. Although he was only thirty-nine, his hair was white at the temples and his Van Dyke was shot with grey. His moustache was black and waxed to sharp points at the ends. His eyes were luminous. Certainly in Begbie's case looks do not (4) Sir Edward Bulwer Lytton was Secretary of State for the Colonies in the second Derby administration. (5) Lindley Crease, " Sir Matthew Begbie," Victoria Colonist, June 19, 1938. Mr. Crease points out that Begbie referred to this statement of Lytton's and so created the legend of the " Hanging Judge." 1947 " Dear Sir Matthew." 5 belie character. All of the vitality and intelligence of the man, his strength and arrogance, illuminate his features. There are, too, clearly to be seen, the contradictory qualities of the churchman and the devil-may-care adventurer. Born in the Tropics in 1819, he was the son of Colonel Thomas Stirling Begbie, 44th Foot, a veteran of the Peninsular War.6 His mother was the daughter of General Baillie, an officer who served with distinction in the Napoleonic campaigns. On this side of the family he was related to the celebrated physician Dr. Matthew Baillie, after whom he was probably named. The Stir- lings, with whom the Begbies appear to have intermarried, were also a military family. The best-known member of the Begbie family is the late Harold Begbie, widely known as the " Gentleman with a Duster." Before winning notoriety as a political writer, Begbie wrote, in addition to a large number of novels, several religious works and a biography of General Booth. The son of a Suffolk parson, Harold Begbie reminds us of the Judge, who was a good churchman and a devout Christian. It seems that most of the Begbie family were either soldiers or clergymen, a fact that brings them within the tradition that has produced its Gordons, Havelocks, and Montgomeries. In later years Judge Begbie said that he had accepted his position gladly, and that he had never regretted doing so. Its chief attraction appears to have been the opportunities for travel and adventure that it afforded him. He once told an audience at Richfield that he could scarcely remember a time when he had not been travelling from one place to another, and that his earliest recollection of childhood was of being on board a Dutch vessel bound for Antwerp.7 From early manhood he made it a practice to travel abroad every year, his rambles taking him to most of the countries of Europe and even to Turkey. According to Canon Arthur Beanlands, the Judge, an extremely modest man, was (6) " A Lecture in Cariboo," Victoria Colonist, October 5, 1863. This lecture on " Reminiscences of European Travel" was delivered by Judge Begbie at Richfield on September 12th. He is reported to have stated that he had been born in the Tropics. There is no further evidence to support the alleged statement or to show in what part of the Tropics his birthplace was located. As a rule he is said to have been born in Edinburgh or England. (7) Ibid., October 5, 1863. Sydney G. Pettit. January inclined to depreciate his experiences, but on occasion regaled his friends with tales that were worthy of publication.8 There were, in addition, monetary considerations that made the offer attractive to a man in Begbie's position. He had not succeeded in gaining a footing in his profession and had secured employment as a reporter for the Law Times, and later, because of his efficiency, as special shorthand clerk to the Lord Chancellor.9 To a man doing work of this kind, a judgeship at £800 per annum must have been highly attractive. If it is true that his brother, Thomas Stirling Begbie, had supplanted him in a lady's affections, sentiment as well as interest played a part in his acceptance. He had gone into law, not because it attracted him greatly, but because it seemed about the best thing to do when he failed to win a lucrative appointment in his college, Peterhouse, Cambridge. For reasons for which he was entirely to blame, he disappointed and surprised his tutors by taking what was considered for him a mediocre degree when he graduated in 1841.10 A marked aversion for taking life ruled out the services, and a letter written to Colonel Moody years later gives the impression that he held such strong views about doctrine and ritual that it might not have been possible for him to have entered the church.11 It seems that he never cared for the law. His aptitude and preference was for mathematics, a discipline that called for abstract speculation and analysis. Law, on the other hand, was founded on statutes and precedents. It teemed with quids and quiddities that seemed to Begbie to be little more than a hopeless jumble of nonsense. He always insisted that it was a waste of time to read statutes and precedents, as they were both confusing (8) A. B., " Some Recollections of Sir Matthew Baillie Begbie, late Chief Justice of British Columbia," Victoria The Province, December 22, 1894. " A. B." was Canon Arthur Beanlands, a close friend of Begbie. His article has been reprinted in British Columbia Historical Quarterly, V. (1941), pp. 127-130. (9) D. W. Higgins, "The Giant Judge—A Court Scene," Victoria Colonist, November 8,1908. (10) A. B., loc cit. Begbie read law after graduation at Lincoln's Inn between 1841 and 1844. He took his M.A. and was called to the Bar in 1844. He is said to have taken a special interest in chancery law. (11) Begbie to Moody, November 4, 1862, MS., Archives of B.C. 1947 " Dear Sir Matthew." 7 and confused.12 He may, of course, have been rationalizing his own personal distaste for the subject. He was, none the less, an extremely able man. Indeed, it may be said that he was brilliant. His friend, Canon Beanlands, describes him as something of a genius, relating that at the age of three young Begbie neglected his toys to sit in a corner poring over Sanford and Merton. He was naturally the despair of his first teacher, a sergeant in his father's regiment, who was soon obliged to inform Colonel Begbie that he could teach the young prodigy no more. At this time the Colonel inherited a comfortable estate from a maternal relative which enabled him to settle his wife and family on the Island of Guernsey. The boy's mathematical ability was already so apparent that he was sent to study under a brilliant eccentric who had been senior wrangler at Cambridge. The lad's progress was so rapid that at the age of fourteen he competed for and won a senior scholarship at Elizabeth College. As he was too young to avail himself of this opportunity, he attended Guernsey College, where he won a scholarship for Peterhouse, Cambridge. He had not been long at the university before he was marked as a coming man who would emerge as senior wrangler and win a life fellowship. Although he had set his heart on this honour, Begbie failed to come near the high place everybody expected him to take. In mathematics he came out a wrangler, it is true, but he stood too far down the list to be given the scholarship. In classics he took a second, narrowly missing a first. His undoing, of course, had been his versatility and love of life. He was an all-round athlete, a singer and musician, he drew well, and, above all, he was a bon vivant who became the life of many a charmed circle. He rowed for his college, and is said to have stroked the university eight. He played tennis, boxed, and went in for dramatics. He ' belonged to a number of clubs and societies. Of these he often spoke with pleasure, especially of a small club he founded himself. (12) A. E. Beck, a Registrar of the Supreme Court, quotes Mr. Justice McCreight as saying that Begbie never consulted authorities. See A. E. Beck, "Sir Matthew Begbie: Terror of Lawbreakers of B.C. Fifty Years Ago," Vancouver Province, July 5, 1925; reprinted in British Columbia Historical Quarterly, V. (1941), pp. 131-134. Colleagues of the late Mr. Justice McCreight say that he always insisted that Begbie did not know 8 Sydney G. Pettit. January To qualify, all members had to be taller than he. On one occasion Begbie and his friends went to London and carried off a giant advertising sign and installed it in their rooms as an emblem of the club. In the summers, when more serious students were doing their reading, Begbie was off to the continent, where he travelled through France, Belgium, Holland, Switzerland, Germany, Spain, and Italy. On these journeys he spent a great deal of time in picking up languages and in making sketches of people and places that caught his fancy. It was at Cambridge that he learned shorthand, probably for amusement, for he loved to beguile his time with puzzles, chess problems, cards, and tricks in mental arithmetic. The late Miss Kathleen O'Reilly liked to relate how the Judge would astonish bystanders on the Hudson's Bay Company wharf in Victoria by making rapid and accurate mental computations of the weight of the coal heaps there. Perhaps it was his love of the complex that led him to choose the particular system of shorthand that he used in his note-books and court records. He could not have selected a more difficult or a more cumbersome one. The first Pitman system had been published in 1835, when Begbie was a lad of sixteen, and though it was by modern standards extremely clumsy, it was simplicity itself in comparison with the Gurney system which the Judge used. Two battered note-books which he apparently carried with him on his journeys through Cariboo are preserved in the Provincial Archives. They are written entirely in shorthand. Sample transcriptions taken from separate pages contain nothing of significance. This and Beanland's comment that" he was no diarist" lead one to conclude that they will not reveal much of the Judge's inner life. Apart from the note-books, the only personal document that has survived Begbie is his will. It is long, highly technical, and carefully designed to save his beneficiaries inconvenience and expense in obtaining their legacies. It has often been said that he was extremely considerate, and there could be no better evidence of this than the fact that on his death-bed—for his last illness was long and very painful—he should remember the misfortunes of others and make a few half-humorous, delicate gestures in memory of old friendships. Two of his bequests throw some light on a side of his life that he never allowed to 1 1947 " Dear Sir Matthew." become public. It is still said of him that he was a secret giver, often helping the unfortunate with gifts of money, or, when anonymity was not possible, by other devious ways. He made one bequest to a C. F. Moore, an obscure person, it seems, who had suffered a great deal from ill fortune. The Judge left him an interest on $4,000 and the use of one of his houses, rent free, for life. Another clause made provision for a distant relative who had been residing in James Bay for some years. It is said that he supported this woman, Mary Helen Baillie, and the phrase "according to my previous arrangement with her" suggests that he had assumed some responsibility for her in the past. He willed her $25 a month for life. The will was made on March 14, 1894, but as the long Victoria spring passed into summer, it became apparent to the dying man that he had overestimated the value of his estate and that it was necessary to make certain adjustments. Accordingly, he drew up a codicil on June 9 which modified some of his bequests and included a number of small legacies for friendship's sake. To the clergymen with whom he had been accustomed to dine on Saturday nights, he left $100 each and a case of claret or sauterne " at their choice." To Peter O'Reilly, he left two cases " at his choice." He did not forget his housekeeper and gardener, each of whom received $300. Another phrase, " to Ben Evans, my old friend, I give $100," underlines a long and peculiar friendship that caused amusement in Victoria. Evans was officially the court usher, but is remembered to-day as an unofficial philosopher and friend of the Judge. An ex-poacher from the west of England, he frequently accompanied him on his rambles over the Saanich Peninsula, carrying his gun and encouraging him to break regulations and to poach at will. After the manner of many bachelors, Begbie formed lasting friendships with the wives and daughters of his friends. He was the best host in colonial Victoria and the most sought-after guest, partly for his wit, but chiefly for a natural bonte that is remembered to this day. One lady has said, " He was always kind, most considerate, and had the most charming way of doing little things for us." It was this that prompted him to set down at the end of the codicil to his will: " I wish Mrs. Crease and Mrs. Drake a dozen potted plants and a dozen roses of their choice." 10 Sydney G. Pettit. January In religious matters, as in the case of his generosity, the Judge was very reticent. He was a good churchman, and seemed to have favoured the evangelical movement in the Church of England. There are hints about him here and there to suggest that he was not many generations removed from the more moderate of Cromwell's followers. While he took wine in moderation, he rarely drank spirits. He wore black a great deal, was able to quote Scripture at great length, and chose many of his friends among the clergy. His bitter denunciations of excess and crime at the end of criminal trials had a puritan twang. Though autocratic and sometimes arrogant in manner, he had the inner uncertainty that is not uncommon in the puritan type. It is thus not surprising that his careful instructions for his funeral, both in the will and the codicil, bespeak a certain humility of spirit. He allowed only $200 for expenses, and directed that his grave be marked by a wooden cross bearing his name, dates, and the inscription " Lord, be merciful to me a sinner." A devoted gardener and lover of flowers, he requested that no wreaths of any kind be put on his grave. The Judge's religious convictions did not permit him to view the world as a vale of tears and life as a period of sober preparation for another existence. As an Anglican, he saw no harm in pleasure and had no fear of happiness. It is true, of course, that his social life in Victoria seems artificial at times, that his pleasures were too carefully arranged, but that-is not uncommon with those who have no home-life and must choose between long grey evenings alone and the synthetic pleasures of society. When the long and tiresome circuits were over, Begbie went home to Victoria for a well-deserved rest. Of his first home, nothing is known to-day. It is the house in which he died in 1894 which lingers happily in the memory of the older Victorians. In those days it was located on the north-eastern limits of the city, a district which became fashionable at the turn of the century. It was a bungalow of moderate proportions, standing in spacious grounds on the slight elevation where Collinson and Cook Streets now intersect. In the distance were the sea and the Olympic Mountains, of which he had an unimpeded view across the Fairfield marshes. It was here that he and Ben Evans shot duck in violation of the city by-laws. The Judge was an 1947 " Dear Sir Matthew." 11 enthusiastic gardener and employed a man full time to attend to his lawns and flower-beds. There were two grass tennis- courts, and a stretch of lawn planted with seeds that he had collected in the Interior. There were fruit-trees, holly for Christmas, as he said, and the finest display of roses in the city. Best remembered are the tennis parties. Clad in spotless white and wearing a black velvet jacket, Sir Matthew conducted the ritual of what came to be known as "Tuesday Tennis." With decorum and considerable tact he appointed partners and arranged the games. As a rule he partnered the weakest player in the first set and then, having found an equally chivalrous substitute, conducted his guests about the garden on little conversational tours to the various points of interest. When cherries were in season, he arranged with his Chinese servant to pick a quantity and arrange them on the branches of a near-by bush so that they would be within the reach of all that wanted them. There were, also, social occasions in which the ladies had no part. These were the Saturday night dinner parties. As a rule the Judge invited a number of clergymen for early dinner and a couple of hours' conversation over the port.13 He appears to have controlled the conversation much as he directed the tennis, drawing out each of the guests at the right time and on the proper subject. Jenns was an enthusiastic amateur astronomer, and all of them appear to have been interested in literature and history. The Judge, having a good memory, quoted at length and without error from his favourite poets, Horace, Milton, and Shakespeare. He had no use for contemporary poetry, saying that it had no depth, and passed scathing remarks about Charles Dickens, whom he considered to represent the worst features of democracy.14 At nine, or thereabouts, the clergymen departed to their sermons, making way for lay friends and old companions of the upper country like Peter O'Reilly. The rest of the evening was spent at cards. The Judge excelled at whist, which was then as popular as bridge to-day. According to Lady Dufferin, who met him on her visit to the West, he was the best player in British (13) Canon Arthur Beanlands, Archdeacon Austin Scriven, and the 12 Sydney G. Pettit. January Columbia. She gave a charming sketch of Begbie in her journal, describing an occasion when he played very poorly indeed:— Chief Justice Sir Matthew Begbie dined with us. He is a very big man, very amusing, and the whist-player of British Columbia; however on this occasion D. and I beat him thoroughly. His mind was, I suppose, distracted, for I found afterwards that he had planned to serenade us, and had arranged for some young ladies to come up at 9:30 to sing with him at our windows; so he was all the time listening for the sound of wheels, while he was attending to the trumps with his eyes. At last D., who had just gone away to do some business, heard voices in the garden, and with well feigned astonishment rushed in to tell me. We brought the singers in, and gave As the country grew and prospered, his tasks became less arduous, and he was able to spend more time in his Victoria, which he declared to friends to be the most beautiful town in the world. Rumours of his secret giving began to spread abroad. Oscar Bass, who used to distribute the Judge's anonymous gifts forgot his pledges to secrecy and related acts of generosity that an earlier generation would not have believed of the Hanging Judge. He never quite lost his faculty for rendering decisions unacceptable to the entire community. In 1885, when there was a great deal of opposition to the influx of Chinese labour into the Victoria district, he was perhaps the only resident who did not object to them. He extolled their virtues and proved to his own satisfaction, at least, by the most devious arguments, that they would not affect the local labour market, and refused to hear a word against them.16 But the pioneers, remembering that the Judge had shared their hardships and adventures, had come to regard him as one of themselves. Such associations led them to take a pride in the eccentric giant, and stories of his courage and wit grew slowly into legend.' Like Mr. Chips, he had become a member of a very large family. At dances and picnics and at more intimate family gatherings he was the presiding spirit. In the Provincial Archives there is a photograph of a wedding group, taken after the marriage of James Douglas' daughter Martha. Sir Matthew, clad in his customary black, looms head (15) Hariot Georgina, Marchioness of Dufferin and Ava, My Canadian Journal 1872-78 . . . , New York, 1891, p. 276. The entry was for Thursday, August 17, 1876. (16) Victoria Colonist, March 15, 1882. 1947 " Dear Shi Matthew." 13 and shoulders above the rest of the party, and with his white hair and beard looks like Zeus himself on a friendly visit. On Sunday mornings Sir Matthew attended service at St. John's Church, then located on the present site of the Hudson's Bay store. As his legs were too long to afford him comfort in the choir stalls, he sat in a special chair at the end nearest the lectern, and when he rose to read the lesson, people wondered whether his body would ever stop going up. He read beautifully, without accent or affectation. In singing, however, he was not so successful. He had been trained in Italy, and as he grew older it became his conceit that choir and congregation depended on him for leadership. But the organist, whom the others followed, poured forth his praise at a more rapid tempo, with the result that the Judge's song followed the rest in delayed obbligato. After morning service it was part of his social ritual to go to the O'Reillys for lunch, where he talked at great length about the latest novels, Ireland, horses, and the old days of the gold-rush. A connoisseur of food and cooking, the Judge always complained that his Chinese cook could never make rice pudding to his taste and showed Mrs. O'Reilly just how it should be done. For eleven years he never failed to enjoy this Sunday dessert, and generally had a second helping. But as he approached his seventy-fifth year, he grew thinner and his appetite waned. He could no longer take dessert at all, and his increasing absence from social gatherings confirmed the report that he had cancer. He refused an operation and rejected drugs, saying that he could not endure the thought of dulling his mind. But it was hard to keep his mind clear as the cancer spread. The pain became very severe, and, as he told Miss Agnes McKay, it blotted out the present and all memory of the past. As the summer of 1894 drew on, he took to his bed. In June friends began to sit with him at night. On the night of June 10 he said to Peter O'Reilly, " You must leave me alone to-night, O'Reilly. I must make my peace with God." His memory lives on to this day at Pentrelew, the residence of the Crease family.17 Pentrelew is a long, two-storied build- (17) Sir Henry Pering Pellew Crease was born near Plymouth, England, August 20,1823. He received his B.A. degree from Cambridge in 1846, and while Begbie was at that time also in attendance at the University, the two 14 Sydney G. Pettit. ing set in spacious grounds on Fort Street, at the southern boundary of the old Dunsmuir estate. It is one of the last outposts of the colonial period. It is English in atmosphere and suggests the world that Trollope described and Tennyson knew. The drawing-room is not much changed since Sir Matthew's day, and a fire burns in the same grate where he stretched and warmed his long legs on winter evenings. He sometimes announced his arrival by beating on the door with his fists and calling out in a torrent of Chinook. For many years, says Miss Crease, he spoke of England " as if it were just outside the door," but toward the end of his life spoke of British Columbia as home. Though he would never have admitted it, Judge Begbie had become a Canadian. Sydney G. Pettit. Victoria, B.C. were not acquainted. For a time Sir Henry lived in Upper Canada. He arrived at Victoria, December 15, 1858, and three days later was called to the Bar of both Vancouver Island and British Columbia, thus becoming the first qualified barrister in British Columbia. In October, 1861, he became Attorney-General of the mainland colony. He became a Judge of the Supreme Court on May 13, 1870, and upon his retirement in 1896 he was knighted. He died in Victoria, February 27, 1905. THE SEA-OTTER IN HISTORY.* The sea-otter placed Vancouver Island on the map of the world. The coast of what is now British Columbia was a no-man's land until the sailors under Captain James Cook's command took otter skins from Nootka to Canton in 1779, and thereby made known the fact that such valuable fur could be obtained in these parts. The publication, in 1784, of the book giving an account of Cook's last voyage advertised that fact in Europe and America. This brought numerous traders to the coast, and led shortly afterward to the maritime survey of the region by Captain George Vancouver. The most valuable of all fur-bearing animals is known to scientists as Enhydra lutris. The name is suggestive of Lutra canadensis, the land-otter. Indeed, they resemble each other. The land-otter is 40 to 45 inches long, it is a lithe-bodied carnivore of weasel-like form with completely webbed feet and a long tail. It has a small head like a cat. The fur is glossy brown. The pelt of the land-otter is worth a mere fraction of that of the sea-otter; however, it was one of the staple furs of the Russians in Alaska. To zoologists the southern sea-otter is known as Enhydra lutris nereis, while the northern variety is named Enhydra lutris lutris. The range of these two varieties has never been determined. The sea-otter measures from 4 to 5 feet in length, and weighs as much as 80 pounds. The head is round, with small ears; the eyes are black and beady; the whiskers are white like those of a cat, but stiffer. The teeth are strong. The tail is flattish, 12 inches long, 2*4 inches wide, and an inch thick; it is rigid, and is used as a rudder when the otter is swimming. The fur consists of hairs an inch to an inch and a half long that are dense, soft, and silky. This fur has to be felt to be appreciated. The Makah Indians, near Cape Flattery, use the * The substance of an address delivered before the Victoria Section of the British Columbia Historical Association, September 23, 1946. 16 T. A. Rickard. January word titcak for velvet and for otter skin.1 The best skins are obtained in northern waters; their colour is dark brown to black. Silvery hairs are distributed evenly about three-quarters of an inch apart. The skin is loose, like that on the neck of a young dog, so that it stretches to a foot more than the length of the live animal.2 The limbs, fore and aft, are remarkably different in structure. The front feet are short and thick, with toes that are short but prehensile. The otter is skilful in using these paws, which serve, like hands, to hold the young and to break shell-fish for food. The hind limbs are longer; at the extremities they are flattened and expanded like flippers. The toes lack muscular power, and the animal can not place its webbed hind feet flat on the ground because, when it tries to walk, the toes are doubled under so that it seems to be moving on its knees.3 When on shore the otter moves its feet alternately, but when in a hurry it draws the hind limbs under the body and makes quick short jumps. At such times the flippers suffer hurt and abrasion. The otter therefore is essentially a marine animal. Its home is amid the floating kelp. It loves the rocks and a rocky bottom, avoiding both mud and sand. The cry of the otter is like that of a cat, but harsher. When a mother otter is being chased, her position is betrayed by the mewing of the pup. The female has only one pup at a time, and she does not produce one every year. This slow rate of reproduction has hastened the extermination of the animal. The flesh of the otter has been eaten by savages, such as the Ainu and Aleuts, but most people find it decidedly unpalatable. The colour of the sea-otter's fur is described variously; in the northern waters it is undoubtedly darker than in the south. Probably when wet the fur looks darker than it really is, but one can not ignore the testimony of several competent observers that (1) Erna Gunther, " A Preliminary Report on the Zoological Knowledge of the Makah," in Robert H. Lowie, (ed.), Essays in Anthropology in Honour of Alfred Louis Kroebler, Berkeley, 1936, p. 114. (2) Adele Ogden, The California Sea Otter Trade, 1784-1848, Berkeley and Los Angeles, 1941, p. 4. (3) H. J. Snow, In Forbidden Seas: Recollections of Sea-Otter Hunting in the Kurils, London, 1910, p. 276. 1947 The Sea-otter in History. 17 sometimes it is jet black. Meares says so,4 and Jewitt likewise.6 The best authority is H. J. Snow, who spent twenty years in hunting the otter. He says that " near the roots the fur is of a lustrous pearly whitish colour, darkening towards the outside to black in the best skins." Again, he says, " the finest skins are black."6 He mentions one that was " perfectly white,"7 probably an albino. Captain Cook described a typical specimen the fur of which was " glossy black," but the face, throat, and breast were of " a yellowish white, or very light brown colour."8 The hair of the head and neck is always of lighter tint than that of the body; this gives the otter a queer appearance. An otter was killed by an Indian at Kyuquot, on the west coast of Vancouver Island, in 1930. The skin was confiscated and is now in the Provincial Museum. This fur is light brown. The habitat of the sea-otter extended originally from Northern Japan to Lower California in a sweeping curve along the Kuril Islands, the Commander group, the Aleutian archipelago, and southward along the Alaskan and British Columbian coasts. (4) " The young cubs of a few months old, are covered with a long, coarse, white hair, which protects the fine natives often pluck off this coarse hair, v. beautiful brown colour and velvet appearance. As they increase in age this long hair falls off, and the fur becomes blackish, but still remains short.— When the animal is full grown, it becomes of a jet black, and increases in beauty; the fur then thickens, and is thinly sprinkled with white hairs.— When they are past their state of perfection, and verge towards old age, their skin changes into a dark-brown, dingy colour, and, of course, proportionately diminishes in value." John Meares, Voyages made in the Years 1788 and 1789, from China to the North West Coast of America, London, 1790, p. 242. (5) " The sea-otter is nearly five feet in length, exclusive of the tail, which is about twelve inches, and is very thick and broad where it joins the body, but gradually tapers to the end, which is tipped with white. The colour of the rest is a shining silky black, with the exception of a broad white stripe on the top of the head." John R. Jewitt, A Narrative of the Adventures and Sufferings of . . . , Middletown, 1815, p. 80. (6) Snow, op. tit., p. 273. (7) Ibid., p. 49. (8) The Three Voyages of Captain James Cook Round the World, London, 1821, VI., p. 270. The drawing of an otter, by Webber, appearing in the written account of Cook's voyages, is thoroughly bad. The front feet can hardly be seen. It looks like a seal, and evidently was drawn from a dead animal. 18 T. A. Rickard. January The total distance was 6,000 miles. The beautiful fur became so much in demand that the otter was hunted relentlessly, with the result that the animal became almost extinct. Some survive on Copper Island, one of the Commander group, where they are closely preserved and carefully guarded by the Russian government. Only a catch of about 200 is permitted each season.9 A few survive along the coast of the Kuril Islands. In California three herds, or pods as the Russians say, have appeared along the coast near Carmel during recent years. Together they number about 350. The otters like a rocky coast where kelp is plentiful. There they find abundant food and can float on their backs comfortably in the smooth waters of a quiet inlet no matter how the sea is breaking outside. During the winter of 1938 while in California the writer had the opportunity of watching, by aid of a binocular, a herd of ninety-six sea-otters that had appeared unexpectedly on March 19 off the coast 14 miles south of Carmel. They seemed good natured and playful as they swam amid the kelp 50 yards offshore. Many of them were floating on their backs, and that was why their colour appeared to resemble the brown of an Irish water-spaniel. The under-part of the otter's body is usually of a decidedly lighter tint than that of the back. These otters near Carmel were unmistakably brown. They rolled in the water and occasionally raised themselves so as to look around. They appeared to be made restless by parasites, and were busily engaged in scratching. Frequently they rose from the water and shook themselves vigorously like a wet dog. Others dived to the bottom in search of food, usually the red abalone, Haliotis rufescens.10 Then, lying on his back, the otter held the shell-fish between his paws while he broke it, sometimes with the aid of a stone. Sea-urchins, clams, and crabs are also enjoyed by them. An old hunter is recorded as saying:— Why, I really believe that them otters has human sense. I've seen 'em dive down, catch a crab, come up to the surface and fasten themselves to a piece (9) Snow, op. tit., p. 272. (10) Edna M. Fisher, "Habits of the Southern Sea Otter," Journal of Mammalogy, XX. (1939), p. 26. 1947 The Sea-otter in History. 19 of kelp, then take the crab in their paws and leisurely eat it; giving the best part to the pup.11 The otter rarely leaves the water; all his food is obtained from the sea. He prefers the protection of a rocky shore and the shelter of the kelp-beds. That may explain why the coast from Grays Harbor to San Francisco afforded poor hunting. The sandy beaches of Oregon did not suit the otter. On the coast of Washington the otters were restricted largely to the stretch between Point Grenville and Grays Harbor,12 where a large bed of kelp made them comfortable. It was at Point Grenville that Bruno Heceta landed in 1775 and obtained some skins from the Indians.13 The Russians discovered the sea-otters on the coast of Kamchatka at the end of the seventeenth century and named them bobri morski, or sea-beavers.14 Japanese records show that the . animal was hunted a century earlier by the primitive Ainu on the island of Yezo (Hokkaido), now the most northern of the Japanese islands. Later the Ainu migrated from Japan to the Kuril Islands for the same purpose. They used the bow arid arrow when hunting in summer, while in winter they clubbed the otters when found on the ice. In 1765 the Ainu people came into collision with the Russians, who had first invaded the Kuril Islands from Kamchatka in 1711. They failed, however, to establish a permanent outpost. The trade in the skins obtained by the Ainu became a monopoly in the hands of the Daimyo of Matsumaye. This Japanese overlord dealt death to any one selling them elsewhere. With the collapse of the feudal system, after 1869, the control of the otter trade passed to the Japanese government.16 When Vitus Bering returned from his voyage of exploration along the Alaskan coast in 1741, his crew on the St. Peter was (11) A. W. Chase, " The Sea-Lion at Home," The Overland Monthly, III. (1869), p. 353. (12) Victor B. Scheffer, "The Sea Otter on the Washington Coast," Pacific Northwest Quarterly, XXXI. (1940), p. 372. (13) H. H. Bancroft, History of the Northwest Coast, San Francisco, 1890,1., p. 160. (14) William Coxe, Account of the Russian Discoveries between Asia and America, London, 1787, p. 12. (15) Snow, op. tit, p. 287. 20 T. A. Rickard. January incapacitated by scurvy. Therefore he sought shelter on one of the Commander Islands, only 120 miles north-east of Kamchatka. The island is now known by his name, because he died there. His ship was driven on the rocks by a heavy gale and wrecked. The island was found to be uninhabited, but it was occupied by numerous fur-bearing animals, notably blue foxes and sea- otters. A German, named George W. Steller, was a member of Bering's expedition, of which he wrote an account. He was a scientist, and that makes his record valuable. When the St. Peter was approaching the island " a number of sea otters came toward us in the sea,"16 he says. Later, when the invalids from the ships were laid on the beach, they were pestered by the blue foxes, which.came " in countless numbers." The castaways built a boat out of the timbers of their wrecked ship, and sailed from the island to Petropavlovsk, in Kamchatka, where their arrival created a sensation, due partly to the fact that all of them were clad in valuable furs. This fact proved of historic importance, because it caused the adventurous traders in Kamchatka to go to Bering Island as soon as possible. They returned laden with furs, chiefly otter. That was in 1743. During the next year Mikhail Novodchikov, one of Bering's crew, reached one of the westernmost Aleutian Islands. Others followed. From island to island of the Aleutian chain the Russian promyshlenniki. or Cossack frontiersmen, went in search of furs, until they reached the Alaskan mainland. There an outpost was established in 1783 by Grigor Shelekhov. This was the beginning of the Russian American Company, which enjoyed a highly profitable fur business until 1863. To indicate the destructive character of the early hunting, it is recorded that Andrew Tolstyk made three voyages, in 1749, 1756, and 1760, during which he collected 9,397 adult skins and 821 cubs, a total of 10,218 otters. Later two Russian sailors, Lukannow and Karekov, killed 5,000 otters in their first year at St. Paul's Island, and a thousand more during the second year. Six years afterward not a single otter appeared there, nor has one been seen since.17 The Russians employed the Indians in i, Hunting the Sea Otter 1947 The Sea-otter in History. 21 their hunting of the otters and their fleets of canoes ranged down the coast as far as Southern California. In California the Spaniards had become aware of the sea- otter as early as 1733, for Father Sigismundo Taraval had seen them on his trip to Cerros Island on the west coast of Lower California. It is recorded by Miguel Venegas:— They found such numbers of them together, that the seamen killed about twenty of them, following them only with sticks. Some of the skins of these creatures the father sent to Mexico.18 The Spanish missionaries and soldiers in California encouraged the natives to hunt the otters by purchasing the skins, cheaply, for three or four reales apiece. Some of the skins found their way to the Chinese market by means of the galleons that sailed from the Mexican ports to Manila. In 1783 the Princessa left Acapulco with 700 pelts. The Indians in California had not developed any successful technique for hunting the otters, probably because in their own warm climate there was no need for wearing such furs. When they learned that they could sell them profitably to the Spaniards, they developed better methods of hunting. Nets and snares were used, supplemented by clubs. The Spaniards began to trade for sea-otter pelts when they made their first voyage to the Northwest. In 1774 Juan Perez on the Santiago reached Prince of Wales Island, in latitude 55° north, where he and his men exchanged beads and pieces of cloth for " beavers," as they named the otters. The Indians were clad in the skins of these animals.19 The Spaniards had brought with them a number of the pretty abalone shells to be found on the beaches of Carmel and Monterey. Much to their surprise, the natives in the North were glad to barter their finest furs for these iridescent cunchi, or conchs. During the succeeding Spanish voyages of 1775 and 1779 the crews gathered otter skins in exchange for beads and bits of iron. The French explorer La Perouse quotes a description of the Indian method of hunting the otter that he took from Antonio (18) Miguel Venegas, A Natural and Civil History of California, London, 1759, I., p. 38. (19) H. E. Bolton, Fray Juan Crispi, Berkeley, 1927, p. 331. 22 T. A. Rickard. January Maurelle's journal of the voyage of Juan de la Bodega on the Sonora in 1775:— Their fishing implements consist of arrows made with extreme nicety, as if by a lathe, a large pole, a bladder blown-up, a harpoon pointed with bone, and a long line made of gut and suitably twisted. They throw the harpoon at the lutra, or sea wolf; the animal when struck tries to dive, but the bladder prevents it; and the Indian soon drags him within reach.2<> When Captain James Cook anchored in Nootka Sound on the ■ western coast of Vancouver Island in 1778, his sailors found the Indians in possession of fine furs, such as fox, racoon, wolf, marten, and sea-otter.21 These furs were used by the natives for clothing. The Englishmen had been away from home for more than two years, and their clothes therefore were in need of repair; so they replaced or patched their jackets and breeches with the furs, and used them likewise for bed-clothes. They obtained them from the Indians in exchange for small pieces of metal or cheap trinkets. For example, a dozen glass beads were bartered for six of the finest sea-otter skins.22 John Ledyard, an American, who was a corporal of marines on Cook's ship, has recorded these transactions. We purchased while here [Nootka Sound] about 1500 beaver, besides other skins, but took none but the best, having no thoughts at that time of using them to any other advantage than converting them to the purpose of cloath- ing [sic], but it afterwards happened that skins which did not cost the purchaser sixpence sterling sold in China for 100 dollars.2? It will be noted that he used the name " beaver" instead of " otter." The Russians made the same mistake at first. Ledyard, an enterprising fellow, deserted from the British service, and on his return to Connecticut in 1782 did his best to (20) My own translation, as that in the English volume describing the voyage of La Perouse, is defective. " Leurs instrument de peche sont des fleches travaillees comme au tour avec une extreme delicatesse, une grande perche, une vessie enflee, un harpon dont la pointe est d'os, et une longue corde fait de bayaux d'animaux et convenablement tordue. lis lancent le harpon contre la loutre ou le loup marin: 1'animal perce veut s'enf oncer, la vessie ne le lui permit pas; 1'Indien l'a bientot attire a lui." J. F. G. de la Perouse, Voyage . . . autour de Monde, Paris, 1797, p. 338. (21) Cook, Voyages, VI., p. 248 (22) F. W. Howay, " Early Days of the Maritime Fur-Trade on the Northwest Coast," Canadian Historical Review, IV. (1923), p. 26. (23) John Ledyard, A Journal of Captain Cook's Last Voyage to the Pacific Ocean, Hartford, 1783, p. 70. 1947 The Sea-otter in History. 23 organize a ship expedition to sail to the Northwest Coast for the purpose of trading in otter skins. He did not succeed, and tried again in Spain and France, in vain.24 In Paris in 1784 he met Thomas Jefferson, the United States Minister to France. Jefferson suggested that he go by land from Paris to Kamchatka and across the sea to Nootka Sound. Ledyard was aided by Sir Joseph Banks, the scientist that had accompanied Captain Cook, and was able to reach Yakutsk, in Siberia, where he was arrested by Russian officials and sent back to Moscow, probably at the instigation of the Russian American Company. After Captain Cook's death on one of the Hawaiian Islands in 1779, the two ships, under the command of Captain Charles Clerke, turned homeward. When they called at Petropavlovsk, the crews received an inkling of the value of their furs from the Russians, who bought some of them; and when they reached Canton they discovered that the sea-otter and other furs could be turned into money forthwith, because they were in demand for trimming the robes of the mandarins. Such use of furs in China was traditional. Marco Polo, when there in 1275, remarked that the clothes of the wealthy Tartars were " for the most part of gold and silk stuffs, lined with costly furs, such as sable and ermine, vair and fox-skin, in the richest fashion."26 The English sailors made the most of their opportunity. The few unblemished sea-otter skins from the North American coast fetched $120 each at Canton. One seaman sold his stock for $800. Altogether $10,000 was obtained for the skins in the possession of the crews. They became greatly excited and insisted on a return to the coast where such valuable furs were plentiful. Discipline prevented mutiny. The two ships were not trading- vessels, but units of the British Navy, and therefore their commanders could not do otherwise than continue the voyage home. Captain Cook's finding of the otters at Nootka was " as if . a new gold coast had been discovered."26 So says Washington Irving; he had in mind the historic Gold Coast of West Africa. Indeed, the news that Cook's book of voyages gave to the world (24) Bancroft, op. tit, I., p. 349. (25) Henry Yule, The Book of Sir Marco Polo, London, 1871,1., p. 224. " Vair " was the fur obtained from a species of squirrel. (26) Washington Irving, Astoria, Philadelphia, 1836, p. 32. 24 T. A. Rickard. January did induce a rush, which was restricted only by the remoteness of the region. The Spanish, English, and American traders that exploited the sea-otter industry obtained the skins by barter with the Indians. They did very little hunting on their own account. The Russians did otherwise. After they had established themselves on Kodiak Island they set to work systematically, under the direction of Alexander Baranov, to organize otter hunts on a large scale with the aid of the Indians—the Aleuts, whom they had brought with them from the islands, and the Kenaitze tribes of the Cook Inlet region. To confirm his contract with these natives, Baranov took to wife the daughter of the Kenaitze chief.27 By payment of small pieces of iron, he persuaded the Indians to assemble in their skin-boats and penetrate the inlets of the rock-bound coast in search of the otters. They used the same methods of hunting as did the natives of the Aleutian Islands. In their canoes, named baidarkas by the Russians and known as kayaks among the Eskimos, they scoured the northern coast in quest of their game. Their canoe was made of wood strips or of pieces of whalebone held together tightly by sinews. Over the frame were stretched the skins of seals or of sea-lions. Every seam was sewn carefully, and further to make it water-proof the canoe was smeared all over with oil. It had one, two, or even three hatches, each of which provided a seat for a hunter equipped with paddle and spear. The paddle was double, 7 to 8 feet long. The baidarka was long, narrow, and pointed at each end, varying in length from 12 to 20 feet depending upon the number of hatches. The width was 20 to 24 inches and the depth only 20 inches, so that the craft could be propelled swiftly in shallow water. Martin Sauer, who was with the Billings expedition in 1790, testified that in fair weather the baidarkas could be made to travel with ease at a speed of 10 miles per hour.28 Meares describes similar methods of hunting by the Indians on the Alaskan coast and mentioned the speed of the baidarkas.M (27) Hector Chevigny, Lord of Alaska, New York, 1942, p. 95. (28) Martin Sauer, An Account of a Geographical and Astronomical Expedition to the Northern Parts of Russia, London, 1802, p. 159. (29) Meares, op. tit., p. 260. 1947 The Sea-otter in History. 25 The hunter was clad in water-proof skins. He sat or knelt in the hatch, the edge of which was fastened to the bottom of his jacket so as to make a water-tight connection. Alongside the canoe were lashed the darts or spears, pointed with bone, that he used in hunting. The dart was propelled from a fluted board, and a line of sinew was attached to it, so that when it pierced the otter the animal's escape was impeded. The otter could remain under water only two minutes, so it was chased until it rose to the surface. The Russians were able to assemble flotillas of 400 to 450 Indian canoes, including the larger, slower, and more seaworthy skin-boats known as baidars, which resembled the oomiaks of the Eskimos. Such hunting expeditions were shepherded by Baranov's men and accompanied sometimes by one of the small schooners in possession of the Russians. As it proceeded southward in search of otters, the flotilla looked like a flock of water-fowl. Baranov found it profitable to lend his Indian hunters to enterprising Americans. For example, on October 2, 1803, Joseph O'Cain and Jonathan Winship brought a cargo of supplies from Boston to St. Paul, on Kodiak Island, in the expectation of taking furs in exchange. Unfortunately Baranov's stock of furs was low. O'Cain then proposed that the Russian governor give him fifty or sixty Aleuts in canoes to go with him on an otter hunt along the Californian coast. The catch was to be shared equally by him and Baranov. It was stipulated that the Aleuts were to be paid $2.50 Spanish for each otter skin, and if any Aleut was hurt, a compensation of $250 would be paid to his family. The ship's cargo could remain at St. Paul as security, and a Russian officer would command the Aleut flotilla. On March 12, 1804, O'Cain returned with the Aleuts all safe and 2,000 skins, half of which came to Baranov. This represented a profit of $80,000 Spanish.30 The Russians did not scruple, with their Aleuts, to enter the Bay of San Francisco in pursuit of the otters, which were tame and plentiful. The Spaniards lacked boats wherewith to patrol their own waters. Later the Russians established themselves at Fort Ross, 66 miles north-west of San Francisco. To avoid trouble, they made an agreement with the (30) Chevigny, op. tit., pp. 211, 212. 26 T. A. Rickard. ' January Governor of California whereby they were permitted to hunt the otter along the Californian coast on condition of giving half of the catch to the Spaniards. This agreement lasted for three years only. The Spaniards were never keen on otter-hunting; it was too arduous to suit their taste. In later days, 1875-1895, it was the custom to go on an otter hunt in a small schooner, and to pursue the game by aid of three boats, in each of which was a man with a rifle in hand. At first when the hunters penetrated the rocky inlets where the otters made their home it was easy to kill them, because, inquisitive, they would swim toward the boats; they would raise their heads and forefeet to look around, and therefore presented an easy mark. Later, when the otter learned by a cruel experience what the approach of a canoe or a boat might portend, he developed tricks to aid his escape. He would dive, usually to windward, so that the boatmen would have less advantage of speed. He would hide behind rocks. He would make a series of short dives, causing the boats to close up, and then make an exceedingly long dive in the hope of getting out of range. After that he would be exhausted. Sometimes he would start to " breach "—jumping clear of the water like a salmon or a fur-seal—but usually the hunters would succeed in turning him back within the triangle of the three boats. An hour might be spent in the pursuit of an otter, and forty or fifty rounds of ammunition might be expended. Snow says that he himself has spent three hours in the chase of a single otter, and expended 300 rifle shots in the effort to get him.31 When chased the otter never seeks refuge on land, he makes for the open sea. Shortly after the publication, in 1784, of Cook's account of his last voyage, as previously stated, the English traders began to come to Vancouver Island in search of the valuable furs he had described. Captain James Hanna arrived in 1785. He gathered 560 skins, which he sold at Canton for $20,600. Next year he sailed again from Macao, but this time he was less successful, returning with only 100 skins, valued at $8,000. In 1785 James Strange organized an expedition of two ships commanded by Captains Laurie and Guise. They sailed from Bombay to Nootka and cruised in Prince William Sound during 1786. Their catch (31) Snow, op. tit, p. 46. 1947 The Sea-otter in History. 27 was only 604 skins, worth $24,000. Captain John Meares came in the Nootka in 1786 from Calcutta to Prince William Sound. He obtained 50 otter skins that sold for $91 each, as well as 267 other furs worth from $5 to $70 apiece. Captain Charles William Barkley, in the Imperial Eagle, arrived on the coast at about the same time and collected 800 skins of superior quality. His cargo brought $30,000 at Canton. In 1787 Captain George Dixon in the Queen Charlotte and Captain Nathaniel Portlock in the King George, working together, did a good business in furs with the Indians along the coast, as is recorded in several books. They collected 2,552 otter skins, which were sold for $54,857. Then came the Boston traders, for most of the American ships that voyaged to the Northwest Coast in those days sailed from Boston. In 1801 fifteen such ships arrived; and in 1802 more than 15,000 otter skins were obtained and taken to Canton. It is probable that the Russians collected 10,000 similar skins in the same year, so that the aggregate for the season was at least 25,000. Captain John Suter in the Pearl in two seasons, 1808 and 1809, obtained 6,000 skins. Obviously this portended the extermination of the sea-otter. In 1804 William Sturgis, of Boston, in the Caroline, cruised along the coast from the Columbia River to Kaigahnee, a small island south of Prince of Wales Island, in Alaska. He collected 2,500 sea-otter skins and netted $73,034 from his voyage. Sturgis stated, in 1846, when giving a lecture at Boston, that the skins most highly esteemed were those that had " some white hairs interspersed and scattered over the whole surface, and a perfectly white head." In the course of his lecture he- further remarked that" excepting a beautiful woman and a lovely infant, he regarded them [the sea-otter skins] as among the most attractive natural objects than can be placed before him."32 The keen competition for furs between the Hudson's Bay Company and the Russian American Company continued until 1839, when it was brought to an end by an agreement between them. Thereafter they ceased to compete for furs, and the Hudson's Bay Company undertook to provide the supplies needed (32) William Sturgis, " The Northwest Fur Trade," Hunt's Merchant's Magazine, XIV. (1846), pp. 532-38, reprinted in British Columbia Historical Quarterly, VIII. (1944), p. 16 ff. 28 T. A. Rickard. January by the Russians, who previously had obtained them from the Boston ships. Thus the Americans lost their trading advantage, and soon disappeared from the Northwest Coast.88 A curious feature of the trade with the Indians was their eagerness to obtain iron in any form. This desire for the useful metal was shown by all savage or backward peoples when they •first came in contact with Europeans, especially if they had made the acquaintance of iron previously by trade or, frequently, by accident in the form of drift-iron—that is to say, the iron in wreckage and refuse from ships, such as nails in pieces of timber and iron hoops around empty barrels.84 Once they discovered that they could shape iron by hammering it with stone, they were avid for it, because out of it they could make useful tools and weapons. When the Spaniards first came up the coast from Mexico, they obtained furs by trading with iron. It is recorded that during Bruno Heceta's voyage in 1775: " . . .the Indians trafficked with us for various skins of animals, for which they expected some peices [sic] of iron in exchange, which they manifested by putting their hands upon the rudder irons. . . ."3B " Gold is not more desired in Europe than is iron in this part of America." So remarked La Perouse in 1786. Five years later Joseph Ingraham met this demand for iron by making iron collars out of rods half an inch thick that were twisted around each other. The collars weighed from five to seven pounds. He also made bracelets in the same manner. These collars and bracelets became fashionable articles of adornment among the Indian women, and, by using them in his trade, Ingraham, in forty-nine days, obtained no less than 1,400 prime otter skins, the rate of exchange being three skins for one collar.86 (33) Henry D. Dee, (ed.), The Journal of John Work, January to October, 18S5, Victoria, 1946, p. 8. (34) T. A. Rickard, " Drift Iron, a fortuitous factor in primitive culture," The Geographical Review, XXIV. (1934), pp. 525-43. (35) Antonio Maurelle, " Journal of a Voyage in 1776 to explore the coast of America, Northward of California," in Daines Barrington, Miscellanies, London, 1781, p. 496. (36) F. W. Howay, " The Voyage of the Hope, 1790-1792," Washington Historical Quarterly, XL (1920), pp. 10, 17. I 1947 The Sea-otter in History. 29 Meares, when in Prince William Sound, in 1786, says: " It has often been observed when the head of a nail either in the ship or boats stood a little without the wood, that they [the natives] would apply their teeth in order to pull it out."37 When trading with them, and letting them see the articles that Meares offered in exchange for the sea-otter skins, they shouted with joy and " such as were dressed in furs, instantly stripped themselves, and in return for a moderate quantity of large spike nails, we received sixty fine sea-otter skins."38 The Indians on Vancouver Island and along the Northwest Coast were eager to exchange sea-otter skins for pieces of iron. So the English traders gave them adze-blades, which were highly appreciated. These adze-blades, known as toes, had a curious histpry. In 1768 Captain Samuel Wallis returned to London from Tahiti and brought with him some of the stone adzes used by the islanders. He told Captain Cook how eager the Tahitians were to obtain pieces of iron, whereupon the Secretary to the Admiralty caused one of the stone adzes to be copied in that metal.89 In 1769 when Captain Cook first went to Tahiti, he showed this replica to a chief, who was delighted to accept it. This fact was made known by Cook in his book, and, in consequence, the fur-traders that came after him took a stock of iron adze-blades on their voyages to this coast. The Tahitian word for the stone adze is toe, therefore the same name was given to the iron imitation. The toe proved to be the best article of trade with the South Sea Islanders and likewise with the Indians on the North American coast. For example, when in Cook Inlet, the recorder of the voyage of Portlock and Dixon, only known as C.L. (from his signature to the preface of the book published in 1789), says:— Toes [as he and the two captains spoke and wrote the Tahitian word] were an article they much delighted in, one of a middling size being thought a valuable consideration for a large otter's skin.49 On the Alaskan coast, in 1787 several canoes full of Indians came to his ship. " Some of them being clad in rich beaver (37) Meares, op. tit, p. xiii. (38) Ibid., p. xv. (39) Cook, op. tit, I., p. 111. (40) C. L., A Voyage Round the World in the years 1785, 1786, 1787, and 1788, London, 1789, p. 29. 30 T. A. Rickard. January [otter] cloaks, we tempted them with hatchets, adzes, toes, pans, and tin kettles."41 In an adjacent bay, near Norfolk Sound, a flotilla of canoes came alongside. They were indeed so anxious about the disposal of their commodities [beaver wraps and skins] that there were several quarrels and contentions among them about the priority of their coming along side the vessel, and their claims of being entitled to be served first. Perhaps they were apprehensive that we had not a sufficient quantity of toes to pay for all the articles they had brought us, for hardly any thing else was taken in barter for them, and those [the toes] were eagerly demanded. About three hundred and ten beaver [otter] skins were purchased of these people in less than forty minutes.42 Captain Dixon, when off the coast of Graham Island (one of the Queen Charlotte archipelago), in July, 1787, says:— Toes were almost the only article we bartered with on this occasion, and indeed they were taken so very eagerly, there was not the least occasion to offer anything else. In less than half an hour we purchased near 300 beaver [otter] skins, of excellent quality; a circumstance which greatly raised our spirits, and the more, as both the plenty of fine furs, and the avidity of the natives in parting with them, were convincing proofs, that no traffic whatever had recently been carried on near this place, and consequently we might expect a continuation of this plentiful commerce.48 When this expedition arrived at Canton, the skins (2,552 otter, 434 cub, and 34 fox) were sold for $54,857 to the East India Company, and the ship's crew sold 1,000 tails for $2 each, the fur-seals for $5 each, and received $50 additional for remnants. The exclusive right to trade with China claimed by the East India Company had the effect of closing the Chinese ports to all English ships not belonging to that company. Concurrently the South Sea Company claimed a monopoly of trading rights in the Pacific. So the traders coming to this coast sailed under other flags, such as the Portuguese. The use of that flag by Meares and Colnett in 1789 led to the Nootka Controversy, which nearly caused a great war. In settling the controversy, Britain and Spain entered into a treaty, one of the conditions of which was that British subjects were forbidden to hunt the sea-otter within 30 miles of any part of the American coast occupied by the Spaniards. This meant (41) Ibid., $.99. (42) Ibid., pp. 100, 101. (43) Captain George Dixon, A Voyage Round the World -performed in 1785,1786,1787, and 1788, London, 1789, p. 201. 1947 The Sea-otter in History. 31 all the waters from San Francisco Bay southward as far as any otters lived. The consequence was that the American traders, who had already been appearing on the coast in large numbers, gained an advantage. Therefore from 1790 onwards the British trade in otters diminished greatly. The establishment of the Hudson's Bay Company at the mouth of the Columbia River and later on Vancouver Island enabled that company to trade successfully with the Indians, but by that time the sea-otters on this coast had been very nearly exhausted. The sailors on Captain Cook's ship received as much as $120 for an otter skin, but statements have been made that a price of $3,000 or even $3,500 had been paid in later days. Of these sales we have no authentic record, but in 1920 the official price rose to $2,500. The fur pelts that now come to the market at long intervals do not fetch big prices, only from $125 to $410.44 No organized effort to protect the sea-otter was made until 1911; they are now protected by every government on whose coast the few of them survive. A slow increase in their number seems assured. T. A. Rickard. Victoria, B.C. (44) Edna M. Fisher, " Prices of Sea Otter Pelts," California Fish and LIEUTENANT-COLONEL ISRAEL WOOD POWELL, M.D., CM.* Few men have made a greater contribution to the development of British Columbia or served the public more .consistently than did Lieutenant-Colonel Israel Wood Powell, M.D., CM. He was the first graduate in medicine of McGill University to practise on the Pacific Coast. In the field of his profession he distinguished himself as a capable practitioner, a fact that was recognized by his colleagues when he was selected as the first President of the Medical Council of British Columbia. But it was in other activities that his leadership, patriotism, and unselfish service helped to shape the destinies of this country. He was foremost in his time as an educator; he was a protagonist of Confederation when to be such was an unpopular position; he was the first Grand Master of the British Columbia Grand Lodge of the Masonic order; he took part in organizing the first militia recognized by the colonial government; he was a member of the House of Assembly of Vancouver Island; the first Superintendent of Indian Affairs in British Columbia; and a benefactor of the infant city of Vancouver. His contemporaries acknowledged the debt that the Province owed him by naming Powell river and lake, and streets in Victoria and Vancouver in his honour. Unfortunately, however, to-day the works of this illustrious man are but little known outside of Masonic circles, in which his services for that great craft are recalled with gratitude. He is better remembered by his medical rather than by his military title, for he himself preferred to be designated by his profession rather than by his rank. Dr. Powell was born at Port Colbourne, Upper Canada, on April 27, 1836.1 He was the fourth child in a family of seven boys and one girl born to the union of Israel W. Powell and his wife, Melinda Boss. Israel Powell, Senior, was the son of Abra- s delivered before the Victoria Section of 34 B. A. McKELVTE. January ham Powell, a United Empire Loyalist who had settled in the vicinity of Port Dover, Ontario, following the American Revolution. Dr. Powell's father located at Simcoe and became interested in shipping on Lake Erie and other of the Great Lakes. He was parliamentary representative of that vicinity for twenty- eight years prior to his death in 1852. The Powell family originated in Wales; one branch still occupies the ancestral estate at Nanteos, near Aberystwith. Among the many distinguished figures in the long history of the Powells was Sir Thomas, who was one of the justices that defied the wrath of King James II. in 1688 and liberated the seven bishops who refused to obey the King's dictates in spiritual affairs. It was a son of Sir Thomas, who followed his Puritan tutor, Roger Williams, to America, who established the family on this continent.2 After receiving his early education in the schools of Port Dover and Simcoe, young Israel, having displayed a liking for the profession of medicine, was placed with Dr. Charleston Covernton, of Simcoe, to study anatomy. After three years with Dr. Covernton, the youth was entered at McGill in his twentieth year.3 It was while a student at McGill that he was admitted to the mysteries of Masonry, being accepted into Elgin Lodge No. 348, G.R. Scotland. He graduated with the degree of M.D. in 1860 and for a short time practised at Port Dover. Here he assisted in organizing Erie Lodge No. 149 in 1861 and became the first Worshipful Master of that lodge.4 The young doctor left his native Upper Canada in 1862. At that time he was described as a young man 5 feet 10 inches in height, of slight build, with medium-dark complexion. He was a good speaker, devoted to sports, and a good horseman. He was a member of the Church of England. His intention was to go to New Zealand. The Cariboo gold excitement was at its height in that year, and he decided to visit the coast before going to the' South Pacific colony. He came by way of Panama. (2) From documents in the possession of the family. (3) Ibid. (4) F. J. Bayfield, " Hon. Israel Wood Powell, M.D., P.G.M., Our First Grand Master," Proceedings of the Most Worshipful Grand Lodge of Antient, Free and Accepted Masons of British Columbia . . . 1988, p. 190. 1947 Israel Wood Powell. 35 Dr. Powell arrived at Victoria on May 13,1862, on board the steamship Pacific6 and took lodgings at the Anglo-American Hotel at the corner of Yates and Douglas Streets. Two weeks later he had decided to defer his trip to New Zealand and set up in practice, and to this end he announced that he had taken offices in the hotel.6 The Victoria British Colonist of May 30, in welcoming him to the professional circles of the community, observed: " This gentleman brings very high testimonials with him from Canada, which speak in the most favorable terms of him."' One of these testimonials was from a friend and old colleague of his father, whose name was already in the forefront of Canadian affairs, Hon. John A. Macdonald. The young doctor was welcomed by his fellow Masons, and entered at once into the activities of the order. He assisted in the formation of Vancouver Lodge No. 421, now Vancouver and Quadra Lodge No. 2, G.R.B.C.8 Victoria was an active and crowded city in 1862. The rush to Cariboo was on in earnest, and Victoria on Vancouver Island was the chief outfitting place for the Interior gold mines of the sister colony of British Columbia. Supply-houses were open day and night. Governor James Douglas presided over both colonies and was busy laying the foundations of the future Province of the Dominion of Canada. The road to Cariboo was under construction—a most difficult and ambitious undertaking; plans were being made for a road from Hope to the Similkameen country; settlement was starting at Cowichan and Comox; free traders were roaming up and down the coast trading for furs and trafficking in liquor. It was no wonder that the twenty-six-year-old doctor, with his fluffy brown beard adding but slightly to the coveted appearance-of maturity, should see opportunity in this new land. His (5) Victoria Colonist, May 14, 1862. (6) Ibid., May 30, 1862. Dr. Powell listed'himself as a member of the College of Physicians and Surgeons, Lower Canada, and licentiate of the Medical Board, Upper Canada. (7) Ibid., May 30, 1862. (8) F. F. Fatt, " Victoria, B.C., in 1862, and the founding of Vancouver Lodge, F. & A.M., No. 421, G.R. Scotland, with historical notes taken from the first minute book of the lodge," Proceedings of the . . . Grand Lodge . . . 1933, pp. 165-6. 36 B. A. McKelvte. January decision to make it his home was never regretted. Dr. Powell's practice grew from the outset. There were many Canadians among the newcomers. It was the year in which the great overland trek was made from Fort Garry to British Columbia.9 Hundreds of other adventurers came by sea from the Canadas and the Maritime colonies. To these immigrants the modest card appearing in the British Colonist stating that there was a graduate of McGill practising medicine made an appeal. There were other doctors in Victoria—good doctors—but Powell was soon getting a generous share of the practice. Brought up in an atmosphere of politics, Dr. Powell's interest was stirred by public affairs in the colony. Politically the place was in a ferment. The strong rule of Governor Douglas that had irked many was drawing to a close. Conscious of his own integrity and high purpose, the old Governor did not make confidants of either officials or legislators. He gave no explanations of his actions, except to the Colonial Office in London. His intention of retiring was greeted with acclaim. Then the British Government issued a series of blue books containing his dispatches, and the critics were silenced. Arthur Edward Kennedy was appointed to succeed Douglas as Governor of Vancouver Island, and Frederick Seymour to preside as chief executive over the younger Mainland colony of British Columbia. Kennedy was greeted with public rejoicing— a new order had been set up. But scarcely had the welcome been extended than the recipient of compliments ran foul of the House of Assembly. He wanted to know where he was to live. This came as a shock, for Sir James (Douglas had been knighted) had always provided his own residence and secretaries. When the Assembly hesitated, Kennedy purchased, on a Governor's warrant, Cary Castle, the former home of George Hunter Cary, erstwhile Attorney-General. Such was but one of the differences that developed between the new Governor and the House. Within six months of the change of regime those who had been foremost in criticizing Douglas were anxious for his return to office. (9) M. S. Wade, The Overlanders of '62 (Archives of British Columbia, 1947 Israel Wood Powell. 37 It was during this interesting period of change that Dr. Powell entered public life. He responded to a petition of a group of electors by announcing his candidature for one of the Victoria seats in the House of Assembly.10 On July 15, 1863, he issued his manifesto. Already the shadow of hard times was extending over the colony. Disappointed gold-seekers were making their painful way back to the Coast. Great fortunes had come to a few—a very few—for only a very small percentage of those who had toiled up the long, hard way to the diggings had won success. This depression was intensified when in September, 1864, Mac- donald's Bank failed, following a robbery and a subsequent run on the institution by anxious depositors. The blow was a severe one, for Macdonald's Bank had issued its own currency, and the paper was worthless when the bank's doors were closed. The colony never recovered. In accepting nomination for office, Dr. Powell raised the cry of "responsible government," which was to be a continuous objective for him in the years that followed, and the attainment of which was reached only with the entry of British Columbia into Confederation.. He would work, he said, for " the introduction of a system of responsible government, whereby the government of the country may be made more subservient to the voice of the people " and he would also " recognize the vital importance of the House of Assembly controlling the revenue and expenditures of the colony."11 Here was a direct challenge to the Governor and to the powerful Legislative Council, or appointive upper chamber of the Legislature. In Dr. Powell's opinion the need was real, and that was all that was necessary for him to advocate the constitutional change. There were many planks to the platform that he presented to the electors, including the maintenance of the free port, harbour improvements, a pilotage system, improved postal laws, encouragement of immigration, and the revision of the Act of incorporation of the city of Victoria. But there was one other that was close to his heart, for which he was to battle for its adoption and later for its maintenance—a system of free education. On this subject he stated his views boldly:— 38 B. A. McKELVTE. January I shall give my earnest support to the adoption of a measure to promote the educational interests of the country, and shall be a firm adherent to a system of common schools free from any sectarian influence whatever. 12 It took courage to advocate such a change—to demand the education of every child at the public expense—in those days, particularly at a time when idle men were flocking into the city from the mining camps. It was a period wheh in the United Kingdom practically the only system of education for children of the masses was in the hands of churches. Dr. Powell was endorsed at the polls13 and, in consequence, soon became an active member of the Legislature, serving as a member of a committee on education, as well as in other ways. It was not until the following year, however, that real progress was made in the matter of an educational system. In September, 1864, it was reported by the press:— Dr. Powell introduced his motion for "a Committee of Education. He urged the importance of the subject, and alluded to the inaction of the late committee, of which he acknowledged himself a member. There were 250 children in the city alone who required common school education. He therefore moved an application for the appointment of a committee.14 The committee this time had Dr. Powell as its chairman, with Dr. William F. Tolmie and Mr. Charles Street as members. It was the appointment of this committee that in a real sense marked the start of free education in the colony.16 In May, 1865, the Legislature passed "An Act respecting Common Schools," based on the recommendations of this committee, which made provision for a system of general education. Dr. Powell was appointed a member of the General Board of Education. In accepting this appointment he wrote:— (13) Ibid., July 20, 1863. Dr. Powell received 203 votes; the other successful candidates were W. A. G. Young and Amor de Cosmos with 229 and 211 votes respectively. (14) Ibid., September 29, 1864. (15) Actually the first free school in the colony had been organized in Esquimalt on January 31, 1863. See ibid., February 2, 1863. The most detailed account of the history of the educational system of the Province is to be found in a thesis submitted for the degree of Doctor of Philosophy to the University of Washington, Seattle, Wash., in 1936 by D. L. MacLaurin, entitled The History of Education in the Crown Colonies of Vancouver Island and British Columbia and in the Province of British Columbia. Lieutenant-Colonel Israel Wood Powell, M.D., CM., 1874. 1947 Israel Wood Powell. 39 While I regret that the Act is not all that I could desire for the purpose of initiating a perfect school system, yet if in His Excellency's opinion I can be instrumental in promoting the Educational interests of the Colony by becoming a member of the Board I shall esteem it an honor to reciprocate his wishes.16 Alfred Waddington was appointed Superintendent of Education on June 7, 1865. His was a difficult position, for the Government did not have sufficient money to give adequate support to the school system. The two colonies of Vancouver Island and British Columbia were united on November 19, 1866, but instead of an improvement in the financial position of the Government the multiplied demands upon the Treasury far exceeded the ability of the Governor to meet them. The free school system of Vancouver Island was continued, but without sufficient funds. Expenses were pared to the utmost limit, but it was impossible to meet them from the amount of money available. Teachers' salaries were months in arrears. Dr. Powell could have resigned his position, but he did not. He knew that were he to stop fighting for the maintenance of the free school system, it was likely that the schools would close. Instead of relinquishing the task, he accepted reappointment to the Board on June 3, 1867,17 and subsequently, at a meeting of the Board held on June 22, he became its chairman.18 At that time the total indebtedness amounted to $8,192.26, and it was estimated that an additional $3,379.80 would be needed to meet expenses to the end of the year. Governor Seymour gave him assurances that more funds would be available and that the modest budget of $6,000 prepared by the Board would be met. Actually only half this sum was provided. Waddington resigned as Superintendent of Education on September 18, 1867, principally because he could not get his salary regularly. Dr. Powell thereafter assumed the duties of the office himself. He fought, begged, and threatened the Government in an effort to obtain funds. Some idea of the intolerable position in which he found himself may be glimpsed from a letter he wrote to the Colonial Secretary in November, 1867:— (16) I. W. Powell to Henry Wakefield, May 29, 1865, MS., Archives of B.C. (17) I. W. Powell to A. N. Birch, June 17, 1867, MS., Archives of B.C. (18) Victoria Colonist, June 24, 1867. The Board of Education had made arrangements upon the good faith of His Excellency's letter of the 7th of June, wherein the sum of $6000 was placed under its control, and which cannot now be carried out without the proposed assistance. I would further most respectfully represent on behalf of the Board, the almost destitute condition of the teachers who have performed their services from December of last year, until the present time without receiving any remuneration and without any other means of support.1^ Dr. Powell continued his fight to uphold the educational system for another year and a half. When at last in April, 1869, he retired and the Board was abolished, he was able to announce that the salaries had been paid to the preceding December 3120 and were then only three months in arrears. In addition to attending to his professional and legislative duties, the young doctor found time also to interest himself in military matters. He took the lead in organizing the first official militia unit in the colony—the Victoria Volunteer Rifles. He was enthusiastic over the project, as is reflected in a letter he wrote as Chairman of the Committee of Management to the Colonial Secretary on April 2,1864:— The Volunteers are disposed to make great exertion in order to turn out with credit on the Queen's Birthday; and many, who, in their enthusiasm, have already purchased material and placed it in the hands of their tailor, are anxiously awaiting to be informed that their uniforms may be gone Not only was he surgeon for the Volunteers, but he acted gratuitously in a similar capacity for the volunteer Are brigade.22 His private practice was enlarging, and in April, 1864, he was appointed physician to the French Hospital in place of Dr. Nicolet Michel Clerjon who had recently died.28 (19) I. W. Powell to W. A. G. Young, November 4, 1867, MS., Archives of B.C. (20) I. W. Powell to P. Hankin, April 9, 1869, MS., Archives of B.C. There appears to be some confusion as to the date of the final meeting of the Board of Education, for in this letter Powell implies that it was written at the conclusion of the meeting; whereas according to the Minute Book, Board of Education, MS., Archives of B.C., the final meeting was held on March 9, 1869. (21) I. W. Powell to W. A. G. Young, April 2, 1864, MS., Archives of B.C. (22) Victoria Colonist, August 24, 1863. (23) Ibid., April 29, 1864. 1947 Israel Wood Powell. 41 His public activities, however, did not interfere with a most important and very personal matter, his marriage. Miss Jane Branks was a beautiful and very accomplished young lady. She was born at Port Nicholson, New Zealand, in 1845, the daughter of Robert Branks, of Kelvingrove, Lanarkshire, Scotland. She accompanied her parents to California when six years of age, and there went to school. Her older sister had married Alexander D. Macdonald, the unfortunate banker, and in 1861 Miss Branks first came to Victoria on a visit to her sister. Following the death of her mother in 1863, she returned to reside in Victoria.24 The young couple were admirably suited for each other. It was a happy marriage that increased in affection throughout the years. The ceremony was a quiet one, performed on January 25, 1865, at the home of Alexander Munro, an official of the Hudson's Bay Company and a close friend of the young couple and of the Macdonald family.26 Rev. James Nimmo, of the Church of Scotland, officiated, for while Dr. Powell was an adherent of the Church of England his bride had been brought up as a Presbyterian, in fact her paternal uncle was one of the early missionaries to New Zealand. Scarcely had the ceremony concluded than the brass band of the Victoria Volunteer Rifles arrived to serenade the young couple.26 Dr. and Mrs. Powell occupied a comfortable residence at the corner of Douglas and Broughton Streets, and there eight of their nine children were born, the youngest being born at" Oakdene," the beautiful home that was later constructed on Vancouver Street at Burdett, and which is now the residence of the Bishop of British Columbia. The doctor was too busy to take time off for a wedding trip, but years later he wrote that his honeymoon was a continuing one that would endure as long as his wife lived. He absented himself from the House of Assembly the day after the wedding, but the next he was in his place. It was at this sitting that the House in its desperation and despair at the future of the colony passed a resolution that eventuated in the annexation of the (24) From documents in the possession of the family. (25) Victoria Colonist, January 27, 1865. (26) Ibid., January 26, 1865. The following evening they were again serenaded, this time by the various fire companies and the Volunteer Rifles band. Ibid., January 27, 1865. 42 B. A. McKelvte. January colony to British Columbia the following year. It urged the immediate union of the colonies " under such constitution as Her Majesty's Government may be pleased to grant."27 Dr. Powell joined four other members in seeking to modify the sweeping and all-inclusive scope of this resolution by means of an amendment that would preserve for Victoria and Esquimalt the free port system that was in existence. They were not successful.28 The result was that when union did come, with startling suddenness, the free ports were wiped out. Eventually business and industry moved from the Island to the Mainland when the Canadian Pacific Railroad reached the sea. Even before the two colonies were united, Dr. Powell and Amor De Cosmos, Canadians both, were fighting to have the Pacific colonies included in the original scheme of Confederation. They brought the question before the House in July, 1866,29 but officialdom viewed the proposal with disfavour. Instead of pressing their motion to a decision upon this occasion, they once more made a demand for responsible government by moving that a " Ministerial Council" composed of members from the elective and appointive chambers should be set up. In this, too, they were defeated.39 Powell, De Cosmos, and others favouring a union of all the British colonies in North America now carried the fight to the people. In the struggle that followed, Dr. Powell played an important part. He is credited with having made the first public address in favour of Confederation. He attended every meeting called to discuss the subject; he wrote letters to the press; he argued on the street and wherever opportunity offered. At a public meeting called to support the Confederation on March 18,1867, he moved the main resolution: " That the Colony of British Columbia would be greatly benefitted, its progress and permanent prosperity secured by its admission into the proposed (27) Vancouver Island, House of Asse mbly, Mini te 3ook, September 1864 to A igust 31,1866 MS., Archives of B.C., p. 126 (28) Ibid., p. 127. (29) Ibid., p. 474. A n otice of motion by Amor De Cosmos on July 1866 (30) Ibid., p. 494 (July 3 1, 1866), p. 498 (August 3 6). 1947 Israel Wood Powell. 43 confederacy of British North America upon equitable terms."81 In reporting the meeting the Victoria Colonist said, in part :— Dr. Powell pointed out that the terms under which we would consent to join in the Confederation must be fair and equitable and explicitly stated. He denied that this was an attempt to alienate the Colonies from the Mother Country, and read the draft of the first Confederation Bill prepared by the North American delegates to prove that the object of Confederation was to cement and perpetuate the connection with the Mother Country. Was it not better if we could ally ourselves with 4,000,000 people, obtain responsible government, and have taxation reduced than to remain as we are—a petty, oppressed, tax-paying colony, with our destinies in the hands of a capricious He opened contacts with friends and relatives in the East, learning by mail and telegraph the latest developments in the project. These he made known in Victoria. His brother, Walker Powell, wired him the day following the meeting at which he had spoken that the mechanics necessary for the entry of British Columbia into Confederation were simple. " British Columbia may be admitted by Order in Council upon address from Parliaments of Canada and Columbia."83 Walker Powell was close to the heart of things. He was Assistant Adjutant-General and was one of the founders of the Royal Military College at . Kingston. This telegram simplified matters, as it clarified the situation. All that was now necessary was to get the endorsement of the Government at Victoria, but this was a most difficult thing to do. It could only be secured by hard work and continued agitation. Governor Seymour was definitely opposed to the union, and officials in the Government service for the most part reflected his views. They were nervous as well as to their own positions in the advent of a consolidation of governments. Others were honest ' in their belief that it would not be a wise move, that it was premature; and still others favoured annexation with the United States as preferable to uniting with a Dominion separated by 2,000 miles of waste lands. The doctor was tremendously active. His practice had grown to large proportions. His old medical note-books show that he (31) Victoria Colonist, March 19, 1867. I 44 B. A. McKelvie. January was busily engaged in his profession. One note of the period, January 25, 1867, is of more than passing interest. It shows that on that day he drove out to Cloverdale, in Saanich, and presided at the birth of a 10-pound baby who became, as the Hon. Simon Fraser Tolmie, Premier of British Columbia. A story is told of Dr. Powell using psychology as well as pills in his practice. Richard Lewis, a former Mayor of Victoria, and prominent as an undertaker, was ill. He was positive that he was going to die. Nothing that Dr. Powell could do or say would convince him that he was not on his death-bed. Actually there was little wrong with him. One day Dr. Powell came into Lewis' sick-room and greeted him jovially. The patient groaned and moaned and bewailed the near approach of his end. "Well," exclaimed the now exasperated medico, " if you are going to die, hurry up about it. I just met Phillip Swiggert (a competitor in the burial business) outside, and he says he's getting tired waiting for you." " What," shouted Lewis as he sprang from his bed and reached for his clothes, " that man bury me! I'll live to bury him." He did. With the annexation of Vancouver Island to the Mainland colony and the abolition of the House of Assembly, Dr. Powell lost his seat in the Legislature. He now assumed heavier Masonic responsibilities. In 1867 he was appointed by the Grand Lodge of Scotland to the high office of Provincial Grand Master of lodges of that registry in British Columbia. He continued in that capacity until 1871, when the Grand Lodge of British Columbia was formed, taking in all lodges of both Scottish and English registries. His great services to the order were recognized when he was made the first Grand Master of the Grand Lodge of British Columbia.34 From his admission to the ancient craft while still a student at McGill University he had been an earnest and enthusiastic member of the order. On his arrival at Victoria he found that the two colonies were open territory. The Grand Lodge of England was the first to establish a lodge, granting a warrant for the formation of Victoria Lodge No. 1085 (later No. 783). The Grand Lodge of Scotland soon followed by authorizing the establishment of Vancouver Lodge No. 421. As other lodges were (34) F. J. Bayfield, loc. tit, p. 191. 1947 Israel Wood Powell. 45 organized under the separate jurisdictions, two minor Grand Lodges were eventually created. Robert Burnaby was named District Grand Master of the District Grand Lodge (English) and Dr. Powell was Provincial Grand Master of the Provincial Grand Lodge (Scottish). With the entry of British Columbia into the Canadian Confederation the possibility of Eastern Canadian and United States registries entering the field hastened the creation of the Grand Lodge of British Columbia.36 The doctor agreed to offer himself again for political office at the elections for the British Columbia Legislative Council in 1868. This was a less democratic body than had been the Vancouver Island House of Assembly. Only a portion of its members were elective, the others being appointed by the Governor. Dr. Powell very frankly told those who were insisting that he should contest a Victoria seat that he would prefer that some other person be nominated and that he would support any man who would fight for responsible government and for the eventual entry of British Columbia into Confederation. His friends insisted that he must champion those causes himself, and he He threw himself into the campaign with energy. He urged that the people should not be disheartened but should " agitate, agitate until their rights, as became freemen, were obtained."87 In referring to Confederation he declared:— Wiser heads than mine, eminent statesmen who have stood by the Imperial helm of State, have not, and do not hesitate to declare it to be the ultimate destiny of all the colonies of Her Majesty's North American possessions. Colonial statesmen . . . have devised it, and made a beginning, and the question now with us is, are we not to form a portion of the grand Dominion? I presume there is no one here, present who for one moment doubts that it is our manifest and ultimate destiny, though I for one candidly confess that until the Hudson Bay Company have received their price and (35) "Address delivered by R.W. Bro. DeWolf Smith on the occasion of the Celebration of the Fiftieth Anniversary of the introduction of Freemasonry into the Province of British Columbia," published as appendix No. 2 in Proceedings of the . . . Grand Lodge . . . 1911, pp. i.-xv., passim. See also R. L. Reid, " The Formation of the Grand Lodge of British Columbia," Proceedings of the . . . Grand Lodge . . . 1938, pp. 165-85, 46 B. A. McKELVTE. January settlement and the North West Territory held by them is ceded to the Dominion, that our Confederation would most decidedly be impolitic and premature. ... I believe that Confederation after the cession of the North West territory will be beneficial, provided we get terms and conditions in every way advantageous to this Colony.38 In the heat of the campaign the doctor did not forget his attachment to the cause of education; and he could hardly do so, for he was working day and night in order to obtain enough money for the payment of the teachers' wages. The educational system was going " to rack and ruin," he told the electors; not because it was bad of itself but simply because, while apparently supported by the Government, it was " being literally starved to death for want of funds."89 It was a hard election campaign. The forces in opposition to progress were strong, and many of the citizens, disappointed that conditions had not improved but had, in fact, grown worse since the union of the colonies, were not prepared to adventure into a new union with a country several thousand miles distant. Both Dr. Powell and Amor De Cosmos were defeated in November. An amusing sidelight on the election and one that was eloquent of the manner in which political contests were conducted in those days came a few months later when a saloon-keeper named Orr brought action against Dr. Powell for recovery of $15, which, he claimed, was the cost of liquor supplied to voters. The doctor declared that he had not ordered the liquor nor had he authorized any person to do so on his behalf. The court was sympathetic, but asserted that someone had ordered the liquor and the saloon proprietor had provided it, and consequently the difference was split and the doctor was ordered to pay half the amount and the costs of the case.40 Governor Seymour died suddenly in June, 1869, and Anthony Musgrave, Governor of Newfoundland, was sent to British Columbia to succeed him. Musgrave was an ardent Confedera- tionist and had, in fact, been appointed at the suggestion of Sir John A. Macdonald in order to bring British Columbia into the Dominion. On New Year's Day, 1870, Governor Musgrave fell (38) Ibid., October 24, 1868. (39) Ibid. (40) Ibid., February 25, 1869. 1947 Israel Wood Powell. 47 from his horse and broke his leg. Dr. Powell was one of several doctors called in to attend him, and was retained by him. Daily for months the doctor visited his patient, and the Governor consulted with him on all aspects of union with Canada, asking his advice as to what terms the colony should seek from the Dominion.41 With the death of Governor Seymour the opposition to Confederation lessened. Officials who reflected the opinions of those in authority changed their attitudes with the arrival of "Governor Musgrave and became advocates of the inclusion of British Columbia within the Canadian federation. There was still some well-grounded opposition, but it was no longer effective. After a lengthy debate in the Legislative Council the Hon. Joseph Trutch, Chief Commissioner of Lands and Works, the Hon. R. W. W. Carrall and the Hon. J. S. Helmcken, M.D., elected members for Cariboo and Victoria City respectively, were sent to Ottawa to discuss the terms of union. The Dominion was even more generous in its acceptance of the colony's programme than could have been anticipated, promising a railroad in place of the wagon-road that was demanded as an essential to any bargain. Dr. Powell was jubilant when, in 1870, the terms were accepted. His dream of a Canada extending from the Atlantic to the Pacific was about to be realized. He now prepared to visit his old home. Early in 1871 he left for the East and went on to Great Britain, where he succeeded in financing a coal mine that was to start at Baynes Sound. It was his first trip away from British Columbia since his arrival at Victoria in 1862. He had come as an unknown young doctor, and now, on the eve of leaving for his first vacation, the press paid tribute to the services he had rendered to the community. Commenting editorially upon his departure the Victoria Standard said:— Dr. Powell leaves on the steamer to-day, for Canada. He came here eight years ago,—a stranger. He leaves to-day, with a host of friends. As a practitioner, he holds a first-class position. Medically speaking, there is nothing second-rate about him. As a doctor, he is a success. . . . Socially, Dr. Powell fills the full measure of a man; and but few men in British Columbia are able to measure themselves with him. It is, however, as a (41) Personal medical note-book in the possession of the family. 48 B. A. McKELVTE. January public man that he deserves to be considered. Amid good and evil report, he never deserted the Confederate standard. He always kept the Confederate flag flying; and we must say, assisted in making that great movement a success. . . . Had it not been for Dr. Powell and others, the great scheme of Confederation would never have been a success.*2 The Victoria Colonist was equally congratulatory:— For some time a member of the Legislature, at all times the friend of the needy and the suffering, and the willing and liberal promoter of every good cause and patriotic enterprise, the consistent and constant friend and advocate of Confederation from first to last, Dr. Powell ranks amongst our most valued and esteemed citizens, and we do but give form to the sentiment in this community when we wish him, and those who go with him, a pleasant journey and safe return.*' He was accompanied by Mrs. Powell and her sister, Miss Katie Branks, as far as San Francisco, where they remained to visit while he went on to complete his hurried trip to London, England, and Canada.44 On June 16,1871, the little party arrived back in Victoria. The doctor brought with him a new Canadian ensign, which he proudly flew on July 1 and again on July 20 when the colony officially entered Confederation. It was the first emblem of the Dominion to be flown in Victoria. While at Ottawa his old friend Sir John A. Macdonald offered Dr. Powell the high distinction of being the first Lieutenant- Governor of the newly formed Province in recognition of the services that he had rendered to Canada. When this was declined, a seat in the Dominion Senate was proferred. He explained that he could accept neither office and continue his professional practice, and while his growing family required his care and guidance, he could not abandon it-46 The following year, however, Ottawa approached him once more with a request that his services be given to Canada. Under the terms of the " British North America Act" the superintendence of Indian Affairs was. under the control of the Federal Government. Colonial Governments had made little effort to improve the condition of the native tribes in British Columbia. Now that they had become wards of the Dominion, it was deter- (42) Victoria Standard, March 11, 1871. (43) Victoria Colonist, March 11, 1871. (44) From documents in the possession of the family. (45) Ibid. See also reminiscences of Mrs. I. W. Powell, Victoria Colonist, May 18, 1924. 1947 Israel Wood Powell. 49 mined that a real endeavour should be made to civilize them. A strong and humane man was required to direct the work in the Province. Such a man was Dr. Powell. The natives were, for the most part, in a savage state. They were steeped in ignorance and dominated by superstition. Missionaries were fighting valiantly against the evil influences of degraded white men who trafficked in liquor up and down the coast. Murder was almost a daily occurrence amongst the tribesmen, while the killing of white settlers and traders was not uncommon. There was no more discouraging work in the Province than that which was offered to Dr. Powell. But it was an opportunity of service to the lowest and most neglected class of humans in the country, and so he accepted the office of Superintendent of Indian Affairs. Co-incident with his appointment he was given rank as lieutenant-colonel in the militia. It was necessary that he should be clothed with military authority, for he must appear as a great chief in the eyes of the Indians. It was an appropriate appointment, for Dr. Powell had continued actively interested in the first official militia in British Columbia that he had assisted in organizing. He lost no time in entering upon his new duties and visited the tribes on Vancouver Island. The policy of the department in respect of the Indians had not been fully determined. So it was that he examined and reported upon the possibility of establishing military posts at points strategically placed to control the Indian tribes which were still warring upon each other when the opportunity offered. In his first report he recommended that in the event of it being decided to establish such posts, one be located at Alberni.46 He was interested in everything that concerned his new charges. The languages of the natives intrigued him. He found that the Comox Indians spoke a language similar to that of the Umpquas of California. Before he had been a year in office he started a fight for better medical services for the Indians and for educational facilities for the children. He continued pressing these needs upon Ottawa, until when he retired seventeen years later, he was able to boast that there were seventeen endent of Indian Affairs for British 50 B. A. McKelvte. January Indian schools—one for each year of his term of office—and that medical attention was available to natives wherever possible. In fact, he had, in 1876, taken over the medical superintendency for Indians as well as his other duties in order to help them. The increase of $400 annually in his salary did not compensate for the added burden. His work took him to all parts of British Columbia—by gunboat, by canoe, on horse-back, and afoot. In 1874 he visited tribes as far east as the Kootenays and in the valleys of the Similkameen, Fraser, Thompson, Bonaparte, and Okanagan, as well as along the east coast of Vancouver Island. He taught the natives to obey the Queen's law, to permit the education of their children, to trust in white doctors rather than in the medicine men of the tribes, and he warred continuously against the demoralizing influences of the white whisky-peddlers. In 1881 he made a trip of inspection all along the coast as far north as the Alaskan border, travelling aboard H.M.S. Rocket,47 commanded by Lieutenant-Commander Vere Bernard Orlebar. The commander and his passenger became fast friends, and it was in. compliment to the doctor that his name was given to Powell River and Powell Lake.48 It was indeed a fitting tribute to a man who had done so much and would continue to do more for the development of British Columbia. Typical of the times was the fact that on this particular trip a murderer had to be tracked down and witnesses located in another killing. The work of Dr. Powell for the betterment of conditions amongst the Indians is worthy of a book. Suffice it to say that wherever there was need for his presence, whether combating an epidemic in a squalid native village or arguing with the Government at Ottawa, there he would be found. He played an important part in the settlement in 1887 of the troubles with the Indians in the vicinity of Galbraith's Landing—later named Fort Steele—and he had gone to the Kootenays and composed affairs (47) Personal diary in the possession of the family. (48) Captain John T. Walbran, British Columbia Coast Names, 1592- 1906, Ottawa, 1909, p. 400. Captain Walbran places the date of the naming as 1880, but it is more probably the following year when he was in the vicinity on board the Rocket. 1947 Israel Wood Powell. 51 with Chief Isadore before Major Sam Steele and his mounted police detachment arrived to do garrison duty there.49 As a business-man and investor Dr. Powell was shrewd. He early saw that a large city must eventually arise on the shores of Burrard Inlet, so in 1877 he bought District Lots 182 and 183 from the Hon. H. P. P. Crease for $3,500. These lots are included in the present-day Vancouver. This was his first, but by no means his last, investment in Vancouver real estate. He was one of the members of the syndicate that purchased the holdings of the Hastings Mill and gave one-third of their property to the Canadian Pacific Railroad as an inducement to extend the rails » from Port Moody to Vancouver.69 Following the incorporation of the city in the spring of 1886 and its destruction by fire two months later, Dr. Powell gave four lots on Powell Street (named for him) as a site for a permanent city hall. A rude building was erected and was occupied by the city for eleven years, after which time the city hall was moved to Westminster Avenue, now Main Street, and the Powell Street site became a junk-yard. In 1889, in an effort to regain his health that had become impaired by his heavy responsibilities, Dr. Powell, accompanied by Major C. T. Dupont, visited Europe. Mrs. Powell and their daughter Mary, who had come to Europe to finish her education, remained in London while the two friends went ahead to Italy, spending considerable time in Rome. Dr. Powell kept a diary, in which he noted in detail the interesting works of art, historic places, and cultural relics he inspected. But amidst such absorbing wonders he had time to think of Vancouver, for sandwiched in between impressions of Roman art and his amazement at finding that the brain of Thomas a Becket was preserved in the Vatican museum appears a transaction between himself and Major Dupont by which he purchased a lot on Hastings Street and another in New Westminster for $12,500.61 British Columbia was constantly in his thoughts, and he filled columns in English newspapers .with his descriptions of the opportunities that were to be found in the Province. He pre- (49) Annual Report of the Department of Indian Affairs . . . 1887, Ottawa, 1888, pp. 131-3. See also Victoria Times, July 7, 1887. (50) From documents in the possession of the family. (51) Ibid. 52 B. A. McKelvte. January dieted that it would become a great fruit-growing country, and he enthused over its mining possibilities. He told of remembering that £80,000 worth of gold—including many nuggets, one being worth £20—was produced in a season on Leech River, only about 20 air-line miles distant from Victoria.62 After visiting Rome he went on to, Cairo, where he was stricken by typhoid fever and almost died. He returned to Venice to convalesce, and there he was joined by his wife and daughter. It was at this time that he resigned his position as Superintendent of Indian Affairs. On his return from Europe he turned his attention to agriculture. He acquired a property, which he called " Broadmead," in the Fraser Valley, south of New Westminster. He often visited it, taking a keen interest in discussing problems of the soil with Mr. Palmer who operated it for him. Later he bought farms in Saanich and Cowichan Districts.68 But in his dealings in real estate and his work of directing the improvement of the Indians, he did not neglect public activities. He was one of the central figures in the agitation to have the British Columbia Medical Act passed in 1886, and when this was accomplished, he was honoured by his colleagues by being chosen first president of the British Columbia Medical Council.64 Nor did his interest in education lapse. He was in frequent consultation with the Provincial Government, cabinet ministers and officials alike, and was assiduous in pressing the need for improving educational opportunities. He was an advocate of higher education, and was one of those responsible for the passing of the Act establishing the University of British Columbia in 1890.66 When the first convocation was held in October of that year, Dr. Powell was named the first Chancellor of the University.66 His memorandum books show him in frequent (52) Many of these articles are to be found in a scrap-book in the possession of the family. (53) From documents in the possession of the family. (54) A. S. Munro, M.D., " The Medical History of British Columbia," reprinted from The Canadian Medical Association Journal, 1931-32, p. 26. (55) "British Columbia University Act, 1890," Statutes of British Columbia, 1890, Victoria, 1890, chap. 48, pp. 281-7. (56) Victoria Colonist, October 21, 1890. See also correspondence between the Hon. John Robson and Dr. Powell in the possession of the 1947 Israel Wood Powell. 53 consultation with the Hon. John Robson. They were trying to arrange for the University to become a reality, but when the depression of 1893 struck the Province, it was realized that the construction of buildings would have to be deferred indefinitely.67 Eventually an arrangement was made with McGill University by which the first two years of the Arts course could be taken in British Columbia, students going East to complete their courses. It was appropriate—and typical of the romance of British Columbia's development—that the young doctor who took the initiative in establishing British Columbia's first system of free education should live to become the chancellor of a university created by legislative enactment. It was about this time that his eyesight showed the first signs of failing. Twice in succeeding years he visited Europe in an effort to save his sight. Temporary improvement was made as a result of operations, but gradually his vision declined, and the last few years of his life were passed in semi-darkness. He maintained his brightness of mind and keenness of intellect. He followed public events closely and sought to continue his life of public usefulness. Thus, in 1914, a few months before his death, he presented to the Provincial Archives a priceless treasure— the Journal of John Stuart, the companion of Simon Fraser in the exploration of the wilderness west of the Rockies. It had been in his possession for half a century. On January 25,1915, friends crowded into hospitable " Oak- dene"; newspapers were filled with congratulations, public organizations and societies sent their felicitations, for it was the golden wedding anniversary of Dr. and Mrs. Powell. It was a happy day that the lovers spent amid their children and friends. But the honeymoon that had started in those busy, difficult days when Vancouver Island was a separate colony and he was fighting so hard to give its children a chance in life was drawing to a (57) The original Act of 1890 was amended in 1891 (" British Columbia University Amendment Act, 1891," chap. 46, Statutes of British Columbia, 1891, Victoria, 1891, pp. 383-91), and a date fixed prior to which it was necessary for the Senate to have met. At the date fixed by Dr. Powell, a quorum did not assemble and consequently the Act became inoperative. 54 B. A. McKelvie. close.68 It was just one month later, February 25, 1915, that the good doctor slept away into eternity.69 To-day the busy industrial community of Powell River recalls his name, as do streets in the great cities of Vancouver and Victoria. British Columbia's membership in Confederation is a testimonial to his efforts in the field of active politics. Every public school in the Province and the great university at Point Grey are monuments to his work as a pioneer in the realms of education. The medical services remember his efforts in earlier times with affection, and the great Masonic brotherhood recalls with gratitude his activities in that ancient craft. The Indians have not forgotten that he was their first champion. Truly few men have left such a splendid record of unselfish devotion and achievement for the public good than has Lieutenant-Colonel Israel Wood Powell, M.D., CM. B. A. McKelvie. 1 NOTES AND COMMENTS. BRITISH COLUMBIA HISTORICAL ASSOCIATION. The annual meeting of the Association was held in the Hotel Grosvc Vancouver, on Friday, January 17, with over thirty members present, annual reports revealed that once again the Association had had a as well as active year. Paid-up members at the end of the year totalled 505, as compared with 497 in 1945; and of these, 173 belonged to the Victoria Section, 183 to the Vancouver Section, and there were 149 members- at-large. Financially the Association was in a strong position, for the balance carried forward into the new year was $235.74, despite the unusually heavy charges arising from the Oregon Boundary Centenary Celebration. Points touched upon in the Secretary's report included a brief resume of the arrangements made for the celebration of the centenary of the Oregon Boundary Treaty (already reported upon in a previous issue of the Quarterly), results of the essay competition sponsored by the Association, and the activity of the Historical Marker Committee headed by Mr. E. G. Rowebottom, Deputy Minister of Trade and Industry. Dr. W. Kaye Lamb presented his tenth report as editor of the Quarterly. Once again there had been an increase in the paid circulation: 536 for 1946, in comparison with 524 the previous year. As intimated last year, the editor wished to be relieved of his duties at the completion of Volume X., and the announcement was made that Mr. Willard E. Ireland would continue as editor. The meeting unanimously passed a motion expressing the deep gratitude and abiding sense of appreciation of the service rendered to the Association by Dr. W. Kaye Lamb in editing the Quarterly for the past ten The twenty-fourth annual report of Major F .V. Longstaff, convenor of the Marine Committee, was submitted, in which the main maritime events of the past year were outlined and a report given of researches undertaken during the year. Miss Madge Wolfenden then delivered her presidential address, entitled Books and Libraries in Fur Trading and Colonial Days. The history of the genesis of one of the most important educational institutions in our every-day life was detailed in a most informative manner. The text of the address will be printed in a forthcoming issue of this Quarterly. The Secretary then presented the report of the scrutineers. The new Council met immediately after the adjournment of the annual meeting, when the following officers were elected for 1946:— Honorary President - - - - Hon. G. M. Weir. President Mr. George B. White. 1st Vice-President - Miss Alma Russell. 2nd Vice-President - Rev. Wm. Stott. Honorary Secretary ... - Miss Helen Boutilier Honorary Treasurer - - - Mr. J. K. Nesbitt 56 Notes and Comments. January Members of the Council— Mr. Burt R. Campbell. Major H. C. Holmes. Dr. W. Kaye Lamb. Mr. B. A. McKelvie. Dr. T. A. Rickard. Dr. W. N. Sage. Councillors ex officio— Mrs. M. R. Cree, Chairman, Victoria Section. Rev. Wm. Stott, Chairman, Vancouver Section. Miss Madge Wolfenden, Past President. Mr. Willard E. Ireland, Editor, Quarterly, and Provincial Archivist. The Council unanimously approved a recommendation from the Victoria Section that a life membership be conferred upon Mrs. W. Curtis Sampson in recognition of her untiring efforts on behalf of the Association. Victoria Section. The life of one of British Columbia's great pioneers was the subject of an address before the Section at its regular meeting on October 21, held in the Provincial Library. Mr. B. A. McKelvie had entitled his paper Lieutenant-Colonel Israel Wood Powell, M.D., CM. Drawing largely upon material kindly placed at his disposal by Mrs. David Doig, daughter of Dr. Powell, Mr. McKelvie was able to present many interesting and new sidelights on the career of one who contributed greatly to the development of this Province. The substance of this address appears in this issue of the Quarterly. Two daughters of the late Dr. Powell, Mrs. David Doig, Victoria, and Mrs. John Fordham, Vancouver, were in attendance at the meeting. The vote of thanks was tendered by Mr. Justice Harold B. Robertson, who, it was noted, had been ushered into the world by Dr. Powell. The annual meeting of the Section was held in the Provincial Library in conjunction with the unveiling of the plaque to the memory of Sir James Douglas, K.C.B., on November 19—Douglas Day. Dr. W. N. Sage, Head of the Department of History at the University of British Columbia, had been invited to give the commemorative address and, in consequence, only the report of the scrutineers was submitted, the remainder of the business of the annual meeting being deferred until the December meeting. The subject of Dr. Sage's address was Sir James Douglas, K.C.B.: The Father of British Columbia. Few persons have as intimate a knowledge of the life and character of Douglas as fur-trader and colonial administrator alike as has Dr. Sage. In a most interesting manner he sketched the career of the young Scot who, coming to America in 1819 as a clerk in the service of the North West Company, became one of the key-men of the Hudson's Bay Company's organization west of the Rocky Mountains and eventually the trusted colonial governor in the hectic period when empire was replacing fur trade. It is anticipated that this address will be published in a forthcoming issue of this Quarterly. Many of Sir James' descendants had gathered for the unique ceremony, and it was only fitting that the vote of appreciation should be tendered to the speaker by Colonel Chester Harris, a grandson of Douglas. Notes and Comments. The inaugural meeting of the. ne w Council was held in the Pro Archives, November 25, when the ex -cutive for 1947 was elected:— Vice-Chairman - Mr. J. A. Heritage. Honorary Secretary - Major Harold Nation Honorary Treasurer - Mr. R. H. Hiscocks. Members of the Council— Miss Kathleen Agnew. Mr. John Goldie. Mr. B. A. McKelvie. Mr. E. W. McMullen Dr. T. A. Rickard. Miss Alma Russell. Mrs. Curtis Sampson. Mr. G. H. Stevens. Miss Madge Wolfenden. Major H. C. Holmes Mr. W. E. Ireland (ex officio). (ex officio). The adjourned annual meeting of the Section was held in the Provincial Library on December 13 with the retiring Chairman presiding. Reports were submitted by the Honorary Secretary and Honorary Treasurer, and Miss Madge Wolfenden presented a report from the Necrology Committee. A unanimous vote of appreciation was tendered to Mrs. M. R. Cree for her faithful services as Honorary Secretary for the past twelve years and the good wishes of the Section extended to her upon assuming its chairmanship. The speaker of the evening was Major A. D. Macdonald, son of the late Senator W. J. Macdonald, who read selected extracts from the printed diary of his father. J. W. Macdonald was a pioneer of 1851 whose active public life in colonial days was given recognition in the honour of being named the first senator after the accomplishment of Confederation. Vancouver Section. The speaker at the November meeting of the Section was the Rev. William Stott, of North Vancouver, who gave an account of his sojourn in the Cariboo, in 1910-15. When he went into the north country the " B.X." express, drawn by a four-horse team, was still the usual means of travel on the Cariboo Road; the "leaders" were usually only half broken, and could be depended upon to dance a jig when first released. Mr. Stott's talk was illustrated with slides, many made from photographs he had taken himself. These pictured Quesnel as a boom town, in Grand Trunk Pacific Railway construction days, and such well-known, neighbouring spots as the Australian Ranch and Barkerville. The speaker next dealt with Tete Jaune Cache, and described a journey down the Fraser, partly by raft and partly by steamer, which brought the traveller first to Fort George and, in due course, back to Quesnel. In conclusion Mr. Stott spoke of some of the best- known characters of the time, including Pete Landry, and devoted the last part of a most interesting address to the story of John McLean, and the gold-rush of 1859. 8 Notes and Comments. The election of officers resulted in the return of Vice-Chairman Mr. L. S. Grant. Honorary Secretary ... - Miss Edith Sturdy. Honorary Treasurer - - - - Mr. T. M. Stephen. Members of the Council— Miss Helen Boutilier. Mr. William Dalton. Mr. J. W. Eastham. Mr. George Green. Mr. A. G. Harvey. Dr. W. K. Lamb. Miss Eleanor Mercer. Mr. Elmore Meredith. Dr. W. N. Sage. Rev. F. G. St. Denis. Mr. G. B. White (ex officio). The last meeting in 1946 was held in the Hotel Grosvenor on Tuesday, December 10, when Mr. Stott, now Chairman of the Section, had the pleasure of introducing as speaker of the evening his friend and neighbour Captain Charles W. Cates. Captain Cates's father came to Burrard Inlet in January, 1886, and as his family had ever since been associated with the maritime activities of the Inlet, he was unusually well qualified to speak on The Story of Vancouver's Waterfront. As a boy Captain Cates came to know the Indians well, and he was able to preface the story of later days with some interesting references to old Indian place-names, the raids of the Haidas, the means whereby the local Indians finally learned to counter these, and so on. For a time the speaker's father worked in the old Hastings Mill, but the Cates family soon took to the sea, and in particular to tug-boating. When tugs were small and sailing ships comparatively large, this could be . an adventurous occupation, and Captain Cates described, amongst other things, the daring fashion in which a little tug, by taking advantage of a strong outgoing tide, could drop a heavily laden sailing ship through the First Narrows stern first, when the more orthodox plan of towing her out would have been quite impracticable. About 1887-88 sailing ships frequenting the harbour became so large that it was evident that big sea-going tugs were essential, and such famous and powerful old vessels as the Lome, PUot, and William Joliffe were brought into service. The Lome was the most powerful of the lot, and could tow a ship at the remarkable speed of 10 knots. The innumerable points of interest touched upon by Captain Cates can only be suggested here. The Senator and other early ferries on the Inlet; the arrival of the first Empresses in 1891; the first motorships, which appeared about the time World War I. commenced; ship-building in the days of the Great War; log exporting, the grain trade, and other developments of the '20's; the many adventures and accidents that tugboat-men suffered when the Second Narrows Bridge was first erected; the story of . the Burrard Drydock; and, finally, the immense ship-building effort that made Burrard Inlet a factor of importance in the war at sea so recently 1947 Notes and Comments. 59 concluded—all these and other topics were dealt with competently and humorously in a talk that those present found quite enthralling. MEMORIAL TO SIR JAMES DOUGLAS, K.C.B. An impressive ceremony marked the unveiling of a bronze plaque, erected by the Historic Sites and Monuments Board of Canada, in the lobby of the Legislative Chamber, Victoria, on November 19, to commemorate the career of Sir James Douglas, K.C.B. Dr. W. N. Sage, British Columbia and Yukon representative on the Historic Sites and Monuments Board presided, and in a few fitting remarks explained that it had been the unanimous decision of the Board that the achievements of Sir James Douglas had been such as to merit his commemoration as a figure of national importance. The inscription reads:— Sir James Douglas K.C.B. 1803-1877 " The Father of British Columbia " Fur trader and statesman. In his early life he was associated first with the North West Company and later with the Hudson's Bay Company. He founded Fort Victoria in 1843. By his firm and wise rule as Governor of Vancouver Island, 1851-1864, and Governor of British Columbia, 1858-1864, he laid the foun- The Hon. G. M. Weir, Minister of Education, in accepting the plaque on behalf of the Provincial Government, expressed appreciation of the decision of the Board in so recognizing one of the great figures of our history. The actual unveiling was performed by Sir James's granddaughter, Mrs. Fitz- herbert Bullen, who in a few well-chosen words expressed the gratitude of the family for the high honour thus paid to her grandfather. At the conclusion of the ceremony those present adjourned to the Provincial Library, where Dr. W. N. Sage addressed the Victoria Section of the British Columbia Historical Association. MEMORIAL CAIRNS UNVEILED IN LANGLEY. November 19, the anniversary of the formal establishment of the Crown Colony of British Columbia, has a special significance in Langley, for the colony was proclaimed within the limits of the present municipality. This year the day was declared a municipal holiday, and the unveiling of two cairns, marking historic sites, made Tuesday, November 19, 1946, a memorable day for all interested in the history of the lower Fraser Valley. The first cairn unveiled was erected at Jardine Station, on the Fraser Valley line of the British Columbia Electric Railway. It marks the point at which the celebrated James McMillan expedition, which the Hudson's Bay Company sent north from the Columbia River late in 1824 to seek a site for a trading-post on the lower. Fraser, portaged from the Nicomekl River to the Salmon River. Joseph J. Morrison, who was born in Langley in 1861, unveiled the plaque, and Reeve Noel Booth of Langley Municipality recalled 60 Notes and Comments. January the history and significance of the McMillan party's famous journey. Later in the afternoon Alexander Houston, another old-timer, drew aside the Union Jack that veiled the inscription on the second plaque which stands on land donated by Mr. Houston and marks the site of the original Fort Langley, which was built on the banks of the Fraser in 1827. The bronze plaques on both cairns were presented by the Provincial Department of Trade and Industry. Readers of the Quarterly will recall that, thanks to the interest and energy of Mr. E. G. Rowebottom, the Deputy Minister, many points of historic interest in British Columbia have been marked by this Department in recent years. Following the two ceremonies, Alexander Hope, M.L.A., and Bruce A. McKelvie, the well-known journalist and historian,.spoke in the Fort Langley Community Hall, and recalled the highlights in the municipality's eventful history. Mr. Hope pointed out that Langley was the birthplace of the Province's salmon industry, and mentioned other economic developments that could be traced back to the old fort on the Fraser. Mr. McKelvie outlined the history of the various fort buildings that had succeeded one another on several sites in the vicinity, and told the story of the 1858 gold- rush and the establishment of the Crown colony in November of that year. An interesting feature of the meeting was the presence of Chief Gabriel, whose grandfather was amongst the Indians that met Simon Fraser when the famous explorer descended the Fraser River in 1808. MEMORIAL TO JUDGE HOWAY. The Historic Sites and Monuments Board of Canada recently placed a plaque, dedicated to the memory of Judge F. W. Howay, in the Court-house, New Westminster, and the memorial was unveiled at an interesting ceremony held on Monday, November 25,1946, the seventy-ninth anniversary of Judge Howay's birth. ■ Mr. G. R. McQuarrie, Secretary of the New Westminster Bar Association, acted as chairman, assisted by Mr. W. Carney Bell, Chief Factor of the Native Sons, and Miss Anne Archibald, Past Grand Factor of the Native Daughters. The actual unveiling was performed by Judge Harry J. Sullivan, Judge Howay's successor on the County Court bench. Recalling that he had known him since boyhood, when Judge Howay had been the family lawyer, Judge Sullivan concluded his few remarks with these words, adapted from the inscription on the headstone that marks the grave of Judge Chartres Brew in the old Barkerville cemetery: " A man imperturbable in courage and temper, endowed with great and varied administrative capacity, a most ready wit, a most pure integrity and a human heart—to the memory of Judge Frederic William Howay, I dedicate this plaque." Following the actual unveiling, the hundred or more persons who had gathered for the occasion adjourned to Judge Howay's old court-room. Here Magistrate H. L. Edmonds, K.C., President .of the New Westminster . Bar Association, spoke of Judge Howay's career as a lawyer and judge, while Dr. W. N. Sage, British Columbia representative on the Historic Sites Notes and Comments. AUGUSTUS SCHUBERT: 1855-1946. Augustus Schubert, who passed away at the home of his son, Augustus Jr., at Armstrong, B.C., on Thursday, November 7, 1946, was the last survivor of the colourful group of adventurers known as the " Overlanders," that made their famous trek across the prairies and through the mountains to British Columbia in 1862. He was born at St. Paul, Minnesota, on December 23, 1855, and in 1861 his parents with their three children, of whom Augustus was the eldest, moved to Fort Garry. There in the spring of 1862 the family joined the " Overland " party, and Mrs. Schubert had the unique distinction of being the only woman in the group. Augustus, better known to his many friends as " Gus," retained vivid memories of many of the incidents of that journey, which took place in his seventh year. From Kamloops, which their party reached on October 13, 1862, the Schubert family moved to Lillooet, where Augustus grew up and received a limited education. When he left home he worked at various places, including Clinton and Victoria, until he settled in the North Okanagan in the year 1881, and became one of the pioneers of the Armstrong community. On July 1, 1883, he married Elizabeth Fulton, who predeceased him in September, 1932. His family included one son and five daughters, of whom all but one daughter still survive. Augustus Schubert was held in high regard by all his neighbours, and though never aspiring to be a public figure, he was elected to serve as reeve in the Municipality of Spallumcheen in 1892, when he held office for two years, and again in 1904 when he served for three years. The funeral service was held in the Community Hall, Armstrong, on Sunday, November 10, and interment was made in the Armstrong cemetery in the presence of a large gathering of friends and neighbours. The old-timers, who had lived in the district forty years or more, of whom there were nearly 100 present, held a simple ceremonial at the grave-side to pay their tribute of respect. CONTRIBUTORS TO THIS ISSUE. Sydney G. Pettit, M.A., is Assistant Professor of History and Sociology at Victoria College, affiliated with the University of British Columbia. His thesis submitted for his M.A. degree at the University of British Columbia was a comprehensive study of the career of Sir Matthew Baillie Begbie. Dr. T. A. Rickard is a former President of the British Columbia Historical Association and the author of many books, including Technical Writing, Man and Metals, and The Romance of Mining. B. A. McKelvie, journalist and historian, has done much to arouse general interest in things historic in paper articles, he has also writte the Magnificent 62 Notes and Comments. Madge Wolfenden is immediate Past President of the British Columbia Historical Association and Assistant Archivist. A. E. Pickford is on the staff of the Provincial Museum, Victoria, in charge of the Anthropological Collection. Dr. G. Clifford Carl is Director of the Provincial Museum. THE NORTHWEST BOOKSHELF. 111. ?3. Growing Pains is well named. It is the record of the painful process of an artist's struggle for expression and for recognition—her " growing- up." Emily Carr was a supersensitive soul and in her autobiography she has given an honest picture of herself from her childhood days to her old age, not glossing over the less attractive phases of her life, but portraying the highlights and many of the minor details, unbecoming or otherwise, of Emily's friends and admirers' have awaited the publication of this her latest book with much anticipation, and they will not be disappointed. It is written with the same skill and ease with which Klee Wyck and The Book of Small were executed. The style is almost journalisticin its crispness and present-day phraseology, and her homely figures of speech are at the same time pungent and humorous. Although the book is on the whole a sad story of the unfolding and fulfilment of her artistic life, there are numerous amusing episodes in it which relieve the depressing scenes of illness and frustration. Her descriptions of places and events are truly the word-pictures of a born artist. As in her paintings, so in her writing—bold, deft strokes are employed to create with great effect. Growing Pains is more than the story of Emily Carr's life—it is a revelation of her character and her brave undaunted spirit which, in spite of many handicaps, still strove forward. In it she had revealed herself to her readers; the book might almost have been called " Self Portrait," and in her truly characteristic way she would never have published it during her lifetime. It is a legacy left to those who loved and admired her. As was to be expected, Emily Carr has here given loud voice to her many antipathies, one being her dislike of England and the English people. One is forced to smile at the emphasis and stress which she puts upon her own Canadian-ness, for her parents were both English and had brought her up in English ways, and so, in spite of herself, she was more English' than Canadian. What she is pleased to call her love of Canada and the Canadian woods and untamed wilderness can be reduced, moreover, to an intense love of British Columbia, her homeland. The Eastern Provinces and the Prairies did not appeal to her in at all the same way as British Columbia's forests and sea-coast, where she was most at home and into which she fitted as a hand fits into a glove. All through the pages of this delightful book the author's hatred of sham and pretence serve to emphasize her own intense honesty and sincerity. Her throwing aside of the meaningless conventions of life as conformed to 63 64 The Northwest Bookshelf. January by peoples in older lands, and her love of a simpler mode of existence, show her to have been a real product of the West. She quite revelled in being different to her prim sisters, and was often more eccentric than she need have been just because she enjoyed shocking her conventional friends. Her summary of the British Columbia Indian's artistic talent and conception of art is worth quoting:— surfaces. His spiritual conception he buried deep in the 'wood he was about to carve. Then-chip! chip! his crude tools released the symbols that were to clothe Indian mind comprehended. From this, one is better able to appreciate and understand some of her own pictures which may hitherto have been incomprehensible. Growing Pains abounds in delightful descriptions of scenery and wild life. The author's references to the wild geese and the English song-birds will charm every nature lover's heart. Emily had a pronounced understanding of animal life and of primitive people and her portrayal of Indian Sophie displaying her babies' graves is both poignant and penetrating. In this book Emily Carr has given glimpses into her philosophy of life and hints that she was capable of writing of abstract topics with equal fluency. By this she has whetted one's appetite for the publication of her Journals which it is hoped will make their appearance in due course. All through the book the author's deep love for and understanding of nature is In format the book is of the usual high standard which the Oxford University Press has established, and the numerous reproductions of the author's work and photographs of her as a young woman add greatly to its charm and to the pleasure of the reader. • Growing Pains is another noteworthy contribution to Canadian literature and a most enjoyable book. ' Madge Wolfenden. Victoria, B.C. The Westward Crossings. By Jeannette Mirsky. New York: Alfred A. Knopf, 1946. Pp. xv., 365, xii. Maps and ill. $4.50. This is an excellent book, well written. It tells again, from a fresh point of view, the stories of three historic explorations—namely, those led by the Spaniard, Vasco Nunez de Balboa, the Scotsman, Alexander Mackenzie, and the two Americans, Meriwether Lewis and William Clark. These three expeditions ascertained the size and shape of North America and prepared the way for the subsequent complete occupation of the northern half of the continent by European invaders. The author, apparently an American by adoption, stresses the fact that Spanish America is a principal antecedent of the United States. " If we remember England as our mother, we should remember," she says, " that we were sired by Spain." The occupation formerly of a part of the present United States territory by the Spaniards is a fact, but the influence on the 1947 The Northwest Bookshelf. 65 culture and political growth of the States is much less than the author wishes to stress. The story of Balboa, the first of the conquistadores, is told with much spirit. Balboa's untimely death, due to the jealousy and hate of Pedrarias Davila, is only one of the many dastardly deeds that besmirched the glory of Spanish achievement in the New World. The author tells the story vividly. If Balboa had survived, he, and not a much inferior man, Francisco Pizarro, would have explored and looted Peru. However, if Balboa's life was thus cut short cruelly, his fame is established forever by his discovery of the Pacific Ocean and the proof that the New World was not a part of the Indies. When he stood " lone upon a peak in Darien," on September 25, 1513, he fixed one of the great landmarks of history. The next story, that of Mackenzie's expedition from Lake Athabaska across the Rocky Mountains to the coast of the Pacific, is wholly different from the. Spanish explorations. There is no cruelty to record, and no bloodshed. There might have been both if Mackenzie had been a man of different disposition. On the contrary, in his encounter with various tribes of Indians, some of them inclined to be hostile, he exhibited courage, tact, and good-will. Thereby he obviated friction with the savages. On pages 161 and 162 the author gives a good description of one of these encounters, on the amicable outcome of which the lives of Mackenzie's party and the success of his expedition depended. His party numbered ten, two of them Indians, six French- Canadians, and a Scot, Alexander Mackay. He controlled his party well, by means of the confidence he inspired in his leadership, as also by his good sense and kindliness. The expedition was stimulated by the information, disclosed by the men that had accompanied Captain Cook to Nootka, that sea-otters were plentiful there. When Mackenzie approached the coast, at Bella Coola, he was given . " a magnificent sea-otter robe " by an Indian chief, and when he reached the sea, in Dean Channel, he saw " a great number of sea otters." He started on October 10, 1792, and completed his quest on July 22, 1793. By one of the most poignant accidents recorded in history, he missed a meeting with Captain George Vancouver, who had explored Dean Channel on June 3, only seven weeks earlier. One can imagine what a delight it would have been to these two gallant men if they had met and compared notes. The Lewis and Clark expedition was sent by Thomas Jefferson, as President, to explore the western wilderness and " for the purpose of extending the internal commerce of the United States "; it was an expression of the idea of " manifest destiny," the seed of which had been planted in Jefferson's mind by John Ledyard, who had been corporal of marines on Captain Cook's voyage to the Northwestern Coast. The author lays stress on the important part that Ledyard played in this development of American policy. She has written an important page of hist ideas to Jefferson's far-seeing a< ward to the Pacific Coast. Both Lewis and Clark were subject to military discipline, ai The Northwest Bookshelf. A romantic detail of this historic adventure is the assistance given by a young Indian girl, one of the Shoshone tribe, who was the wife of the interpreter, a French-Canadian named Touissant Charbonneau. Her name was Sacajawea, meaning " bird woman." With her travelled her little son, not quite two months old. Her husband proved stupid and lacking in courage, but she herself possessed amply the qualities he lacked. The presence of a woman in the party served to show the Indians whom they met on the way that the purpose of the expedition was peaceful. Sacajawea belonged to a tribe of Shoshones living on the western slope of the Rocky Mountains and had been captured in a raid of Minnetarees, Indians of the great plains east of the Rockies. Charbonneau had bought her when only twelve years old. She was able to guide the explorers to the Lemhi Pass, which took them across the continental divide. She also, of course, aided her husband as an interpreter when various Indians were encountered. Here we come to an interesting subject—namely, the assistance given to official explorers by " squaw-men." This term, applied contemptuously to white men mated with Indian women, expressed a false sentiment. All along the frontier, where women were lacking, it was not unusual, and it was natural, for white men to mate with' Indian girls. The French in the early days of Canada encouraged such miscegenation, because it helped to create friendly relations with the Iroquois. There is scarcely a single report of westward exploration that does not mention the guidance obtained from Indians that knew a little English or a white man that could ask the Indians for the necessary information. Three times in this book the author speaks of a river fighting its way or forcing a passage through a range of mountains. This is unscientific. John Ruskin, in Modern Painters, said truly: " I am not satisfied—no one should be satisfied—with that vague answer,—the river cut its way. Not so. The river found its way." The geologist will concur. The author indulges in several Americanisms which are illiteracies. To write English acceptably one should avoid words and phrases that are not scholarly, whether American or British, such as " readied " meaning to make ready, "that far" instead of "so far," "impractical" instead of " unpractical" or " impracticable," " luscious " meaning richly sweet and applied improperly to otter skins, " nightmarish," " hike," and " cussedness." Some people may like such words, so used. Chacun a son gout, et le mar- chand vend tout. A few bibliographic references are given, but not in sufficient number for an historical volume. A list of authors is added at the end of the book, but that does not suffice. There is some excuse for this lack of adequate references. The author herself says: " This book, making use of scholars' researches, is written for the wider public that often supposes scholarly research to be tedious, technical and esoteric." Repeatedly the author imparted thoughts and motives to the heroes of her three stories without 1947 The Northwest Bookshelf. 67 giving any evidence therefor. They may add to the charm of her tale, but, in effect, they tend to mar the historicity of her book. These are minor points of criticism. This book has proved interesting and informative. T A. Rickard. Victoria, B.C. Indian Relics of the Pacific Northwest. By H. G. Seaman. Portland, Oregon; Binfords and Mort [1946]. Pp. viii., 157. 111. $3. In the contemplation of this review a difficult task is faced, a task difficult for several reasons. Not the least of these is found in the fact that the reviewer is torn between two forces: on the one hand is his duty to the subject and on the other his duty to the author. This trouble is common to all reviewers, but in this immediate case the question is complicated by the fact that the author happens to be an old friend to whom the reviewer owes The book is found to be comprised of one hundred and fifty-odd pages giving a straightforward account of the experiences of the author. These experiences cover a long period of years and were gained while the author was collecting archaeological relics along the lower reaches of the Columbia River and the deserts of the southern hinterland reached through the Des Chutes Valley. In view of these geographical limitations those familiar with the cultures found north of the described area may feel that the title of the book outreaches the scope of its discussion. Nevertheless, those who open the book at random in the comfort of their firesides will feel that Mr. Seaman has presented some very interesting reading and is much to be complimented on his perpetuation of some very excellent pictures. He tells about the location of his hunting-ground and gives some indication of the joys of his hunting. But it is herein that a danger lies. Many people having cars and seeking new interests in life will be inspired by Mr. Seaman's example and will look forward to doing in a smaller way, perhaps, what he has done. Mr. Seaman thus may have given impetus to many, and among them money-conscious hordes, who will increasingly invade what more educated people may regard as "holy ground." To offset this condition the author might have advanced an argument in favour of the superior claims of scientific treatment which, if formulated with examples, would surely appeal to intelligent people. Unfortunately Mr. Seaman has said nothing about this all-important subject in his book. These objects which he handles and of which he treats are held by him in trust for posterity, and posterity will criticize him for whatever errors he may make in omitting to safeguard the interests of its children. We know so little of primitive human life and are so hungry for greater knowledge that we are impatient when we see the sources of that knowledge carelessly handled or despoiled. In view of Mr. Seaman's great opportunities and long experience it would have been well had he been in closer touch with those trained authorities of whom there are many at work in his State, then perhaps his interesting narrative would have gained merit by the inclusion of guidance 68 The Northwest Bookshelf. principles. In view of the importance of the argument for science, reference to several minor errors and erroneous deductions have been omitted. None of these, however, overshadow the simpler merits of the book, which, from the point of view of narrative and pictorial representation, are many. A. E. Pickford. Provincial Museum, Victoria, B.C. SHORTER NOTICES. Driftwood Valley. By Theodora C. Stanwell-Fletcher. Boston; Little, Brown and Company, 1946. Pp. 384. 111. by John F. Stanwell- Fletcher. $4. Here is a book that will not fail to provide a delightful experience to all readers, whether or not they are interested in the out-of-doors. Written in an informal diary style the contents give a woman's angle of a two-year period spent in a remote portion of the Interior of British Columbia north of Takla Lake. The author and her explorer-artist husband selected this spot in which to make a natural history study for its beauty as well as for its isolation. The result has enriched not only the Provincial Museum of British Columbia, Which received many specimens in return for certain assistance, but also readers in general who may share rare experiences so vividly described by Mrs. Stanwell-Fletcher. The author is a trained biologist, yet she has the enviable ability of describing things simply so that the reader appears to see them through his own eyes. The many delightful accounts of animals and plants add much to the charm of this book, and the life-like sketches of Mr. Stanwell-Fletcher greatly enhance its appeal. Driftwood Valley has already given rise to much interest in a hitherto little-known section of our Province and will undoubtedly continue to do so for a long time to come. G. Clifford Carl. Provincial Museum, Victoria, B.C. Ballads of the Pacific Northwest By Robert Allison Hood. Toronto; The Ryerson Press [1946]. Pp. xii., 170. 111. $2.50. Not often is it possible to commend to readers a book of poetry on an historical theme which is alike pleasing to the poetic ear and satisfactory to the critical eye. Yet to a very high degree Ballads of the Pacific Northwest has accomplished just that. The ballad form requires simplicity in the retelling of a well-known story in graphic language. Mr. Hood has selected five general types from the cavalcade of participants in the history of the Pacific Northwest—the sailor, the Indian, the voyageur, the explorer, and the miner. For each of these he has selected representative stories from the vast field of historic lore. Thus we read of the exploits of Captain George Vancouver, Maquinna and John R. Jewitt, Alexander Mackenzie, David Thompson, Sacajawea, Walter Moberly, and John A. " Cariboo " Cameron. Each ballad is accompanied by a brief prose historical narrative. The book is beautifully illustrated and has been printed with care. W. E. I. We BRITISH COLUMBIA HISTORICAL ASSOCIATION Organized October 31st, 1922. PATRON. His Honour Charles A. Banks, Lieutenant-Governor of British Columbia. OFFICERS, 1946. Hon. G. M. Weir Honorary President. George B. White - President Madge Wolfenden .... past President. Alma Russell 1st Vice-President. Rev. W. Stott 2nd Vice-President Helen R. Boutilier .... Honorary Secretary. J. K. Nesbitt Honorary Treasurer. MEMBERS OF THE COUNCIL. Burt R. Campbell. H. C. Holmes. W. Kaye Lamb. B. A. McKelvie. T. A. Rickard. W. N. Sage. Willard E. Ireland Muriel R. Cree Rev. W. Stott (Provincial Archivist; (Victoria Section). (Vancouver Section). Editor, Quarterly). rical research and stimulate public interest in history; to promote the preservation and marking of historic sites, buildings, relics, natural features, and other objects and places of historical interest, and to publish historical sketches, studies, and documents. MEMBERSHIP. Ordinary members pay a fee of $2 annually in advance. The fiscal year commences on the first day of January. All members in good standing receive the British Columbia Historical Quarterly without further charge. Correspondence and fees may be addressed to the Provincial Archives, Parliament Buildings, Victoria, B.C. THE BRITISH COLUMBIA HISTORICAL QUARTERLY BRITISH COLUMBIA HISTORICAL QUARTERLY Published by the Archives of British Columbia in cooperation with the British Columbia Historical Association. EDITOR. Willard E. Ireland. Provincial Archives, Victoria, B.C. ADVISORY BOARD. J. C. Goodfellow, Princeton. T. A. Rickard, Victoria. W. N. Sage, Vancouver. Editorial communications should be addressed to the Editor. Subscriptions should be sent to the Provincial Archives, Parliament Buildings, Victoria, B.C. Price, 50c. the copy, or $2 the year. Members of the British Columbia Historical Association in good standing receive the Quarterly without further charge. Neither the Provincial Archives nor the British Columbia Historical Association assumes any responsibility for statements made by contributors to the magazine. The Quarterly is indexed in Faxon's Annual Magazine Subject-Index. BRITISH COLUMBIA HISTORICAL QUARTERLY [ny country worthy of a futu ould be interested in its past Vol. XI. Victoria, B.C., April, 1947. CONTENTS. British Columbia Steamboat Days, 1870-1883. By Norman R. Hacking 69 Judge Begbie in Action: The Establishment of Law and Preservation of Order in British Columbia. By Sydney G. Pettit 113 Notes and Comments: British Columbia Historical Association 149 Contributors to this Issue 150 The Northwest Bookshelf: Minutes of the Hudson's Bay Company 1679-1684. First Part 1679-1682. By George F. G. Stanley 151 Loyalist Narratives from Upper Canada. By W. Kaye Lamb 153 Lower: Colony to Nation: A History of Canada. By W. N. Sage 154 1 BRITISH COLUMBIA STEAMBOAT DAYS, 1870-1883. I. Fraser and Stikine River Steamboats. Life was dull in New Westminster in 1869. Trade with the Cariboo mines showed decreasing returns each year, and the high hopes of the Big Bend excitement of 1866 had ended in disillusionment. Governor Seymour and his following of colonial officialdom had migrated to the Island and Government House lay vacant. Population had dwindled to a few hundreds, and grass grew in Columbia Street. Even the British Columbian had ceased publication, and arguments waxed furiously whether the colony would revive,under union with the new Dominion of Canada or with the United States. The sawmills recently established on Burrard Inlet had created a new industry, but they were far from prosperous, and Stamp's Mill (later Hastings Mill) was involved in difficulties that ended in bankruptcy.1 There were rumours of rich new gold strikes in the Omineca region far to the north, but rumours of gold had been too frequent in the past for the citizens of New Westminster to be overly optimistic. The Fraser River no longer echoed to the shrill toots of rival steamboat captains racing to Yale or Port Douglas. Competition between the sternwheelers had vanished, and so had the happy days of free fares and free meals. Now there were only one or two sailings a week from New Westminster to Yale. During the long winter months from December to March — and the winters were much more severe in those days—the steamboats went to winter quarters in the Coquitlam or Brunette River, and passengers and express came down from Yale by canoe. There was no Yale road. The overgrown Hudson's Bay Company's brigade trail from Langley was the only overland route to Yale (1) See F. W. Howay, "Early Shipping in Burrard Inlet: 1863-1870," British Columbia Historical Quarterly, I. (1937), pp. 3-20, passim; and F. W. Howay, "Early Settlement on Burrard Inlet," ibid., I. (1937), pp. 70 Norman R. Hacking. April and the Cariboo. The river was still the great highway of the colony. Most of the colorful steamboat captains who had enlivened the cut-throat competition of the 'sixties had sought other fields. Captain William Moore and his sons were blazing new trails into the Peace River. Captain Charles Millard was devoting his brassy-voiced talents to the auctioneering business in Victoria. Captain " Gassy Jack " Deighton had migrated to the shores of Burrard Inlet, with his squaw, his yellow dog, and a barrel of whisky, there to lay the foundations of the future city of Vancouver. Timid little Captain Henry Devries, late owner of the Henrietta, had sought spiritual solace as a lay brother at Mission St. Mary's, on the banks of the Fraser.2 Years of competition betweeen river-boat captains had finally whittled the field down to two contestants — Captain William Irving with the Onward and Reliance and Captain John R. Fleming with the Lillooet and Hope? Captain Asbury Insley acted as relief pilot for both. There was not sufficient trade on the river for four steamboats; consequently, in 1866, the two captains agreed to run their steamers in alternate years thereafter and to split the profits. This agreement lasted until 1875, with the Irving boats running in the even years and the Fleming boats in the odd years. On the Upper Fraser two steamboats operated between Soda Creek and Quesnel, the Victoria and Enterprise, owned by Gustavus Blin Wright, the road-builder.4 The season in the north was short, but freight rates were high and the boats were moneymakers. The run between Victoria and New Westminster was a monopoly of the Hudson's Bay Company, with the sidewheeler Enterprise and the screw steamer Otter as relief boat.6 On the New Westminster-Yale run the year 1869 belonged to Captain Fleming's speedy Lillooet. His other vessel, the Hope, which had (2) Henry Devries, or " Harry Davis " as he was better known, was a native of Hanover, Germany. He died at St. Mary's Mission, December 30, 1881, " a devoted and exemplary teacher." New Westminster British Columbian, January 18, 1882. (3) See Norman Hacking, " Steamboating on the Fraser in the 'Sixties," British Columbia Historical Quarterly, X. (1946), pp. 1-41, passim. (4) Ibid., pp. 23, 37. (5) Ibid., pp. 23, 39. 1947 Steamboat Days, 1870-1883. 71 cost him only $1,000 and had been condemned for several years, lay submerged in the Brunette River.6 Captain Irving's famous old Reliance was also past her prime, and her days were numbered. The Onward was at Victoria undergoing refit and a new boiler for the coming season. Gold still rolled down from the Cariboo mines, although not in the volume of former years. The Lillooet brought down a package of treasure every trip from Yale, ranging from $10,000 to $50,000. The two steamboat-owners were prosperous despite the prevailing hard times. Both Fleming and Irving were highly respected public-spirited citizens. Their names headed every subscription list, and they took an active interest in public affairs. Public encomiums of the two captains were frequent in newspapers of the period. Everyone knew them, for everyone travelled on the river-boats. The arrival of the Onward at New Westminster in October, 1869, after her extensive refit, brought a joyous welcome from the recently established Mainland Guardian:— We welcome the reappearance of this fine steamer at our .wharves, as we regard the return of an old friend to our midst. Her bright new face, refreshed with a coat of paint, is like the healthy glow acquired by a short absence in a strange country. ... In addition to the other improvements, there is a very ingenious application of the steam on syphon-shaped pipes, by which she can be pumped dry both fore and aft, if she ever sprang a leak, without the aid of pumps and in a very few minutes. The cabin fittings are new or renovated, making the vessel a real credit to her much- respected owner and commander, Capt. Irving, who merits all the success he is sure to have. Long may she "walk the waters like a thing of life," bearing happiness and prosperity wherever she goesj Similar praise was meted out to Joseph Spratt of Victoria, builder of the new boilers: " probably the finest pair of boilers on the Pacific coast . . . equal to any possible amount of pressure likely to be put upon them." The only other sternwheeler on the river was the little Union* once an active competitor, but now relegated to the lowly position of steam-scow, carrying freight from New Westminster (6) New Westminster Mainland Guardian, February 2, 1870. (7) Ibid., October 23,1869. (8) Norman Hacking, " Steamboating on the Fraser in the 'Sixties," British Columbia Historical Quarterly, X. (1946), pp. 18, 41. 72 Norman R. Hacking. April to the mills and windjammers on Burrard Inlet.9 Under the command of her owner-skipper, Captain George Odin, she huffed and puffed her way around the Sand Heads in spasmodic fashion.10 She was succeeded in 1874 by another steam-scow of the same name, which won the derisive nickname of " Sudden Jerk." She was powered by an old threshing-machine engine, which had no reverse. When she blew her whistle, the sudden loss of steam-pressure caused her engines to stop. Another popular method of stopping her was to throw a sack into the machinery. A buoy on the end of a rope was attached to the engine to facilitate recovery should it fall through the bottom. Fares and freight from New Westminster to Yale were set at a profitable level. The fare up-river was $7, and down-river $5. Freight was carried for $12 a ton. The decade of the 'seventies brought great changes and new prosperity to the river. The growth of the cattle industry in the Interior created new and profitable freight. Settlement in the fertile Fraser Valley created scores of small landings along the river-bank, with a subsequent boom in way freight. The establishment of the salmon-canning industry brought a new and prosperous business. Climax of the decade was the final decision on the route of the Canadian Pacific Railway, which brought a boom never equalled before. The tide began to turn in 1870. On March 30, in one of her first trips of the season, the Onward arrived with $80,000 in treasure for the banks and $10,000 for private account. In September she brought $150,000 in gold in one trip, the largest shipment in several years.11 News from the Omineca was good, and Captain Fleming decided to repair the old Hope and run her up the Skeena River, which was believed to be a convenient entry to the new goldfields. Gus. Wright went up in the Enterprise to Cottonwood Canyon, and decided he could take his steamer up to Fort George and perhaps as far as Takla Lake, providing an even (9) New Westminster Mainland Guardian, August 26,1869, and November 17,1869. (10) Early in 1870 it was reported that Captain Odin had brought another English steam-engine to New Westminster which he intended to " place in a small steamer he is about building to run hence to the inlet." Ibid., February 26, 1870. (11) Ibid., September 17,1870. 1947 STEAMBOAT DAYS, 1870-1883. 73 more convenient route to the Omineca country. Captain Irving expanded his interests in August by buying John Kriemler's controlling share in Spratt and Kriemler's iron-works at Victoria. Completion of a new trail from New Westminster to Yale in September, 1870, provided improved communication with the mining country, but travellers still preferred the river route, and even when steamboats were laid up, Barnard's Express and passengers continued to come down by canoe. The Hope was rebuilt at Trahey's yard in Victoria, lengthened by 10 feet, given a new boiler from Spratt's Albion Iron Works, and launched on September 13. She was provided with eighteen staterooms and could carry 150 tons of freight.12 The Skeena route to the Omineca mines had proved a failure, so Captain Fleming steamed his vessel to New Westminster on November 9, 1870,13 ready for the coming season on the Fraser. Because of her light draught, the Hope could reach Yale when other vessels were deterred by low water. Reports from the Omineca were so good in 1870 that G. B. Wright went actively ahead with his plans for the coming season. This Vermont Yankee, who had pioneered the opening of the Harrison-Lillooet route to the mines in 1858 and built the road between Lillooet and Soda Creek in 1862, was one of the most progressive men in the colony. Accompanied by eight Indians in a canoe, he embarked up the Fraser from Fort George to Summit Lake and crossed the 7-mile portage to the McLeod Lake and Parsnip River systems. He proposed to build a wagon-road from the Fraser River where his steamboats would connect to McLeod Lake, from whence a trail could be cut to the mines at Germansen Creek.14 (12) Victoria Colonist, September 14, 1870. According to the Port of Victoria Register Book, 1867-1880 (photostat copy in Archives of B.C.), John Kriemler was her owner at the time of her rebuilding in 1870', and remained so until August 28,1875, when she was sold to Nellie Irving. (13) Victoria Colonist, November 10,1870. It was planned to run weekly sailings to Yale when the season opened in March, 1871. The Hope had the misfortune to be snagged while returning from Yale on her first trip, but was refloated and continued on the river until she was hauled off for the season in mid-December. See Victoria Colonist, March 18, March 29, December 21,1871. (14) New Westminster Mainland Guardian, December 17,1870. Norman R. Hacking. April I His plans failed to materialize, but, undaunted, he took the Enterprise next year with a party of gold-seekers up to Takla Landing on Takla Lake, via the Cottonwood and Fort George Canyons, Nechako and Stuart Rivers, Stuart Lake, Tachie River, Trembleur Lake, Middle River, and Takla Lake. It was one of the most impressive feats of river navigation ever accomplished in the inland rivers of British Columbia. Wright started out from Quesnelmouth late in June, 1871.16 The Enterprise, carrying 50 tons of freight and a full passenger list, puffed her way through the numerous canyons and rapids without mishap. By July 6 she had passed through the Fort George Canyon and later in the month negotiated the dangerous White Mud Rapids in the Stuart River.16 The Cariboo Sentinel watched her progress with interest, carrying weekly bulletins from a correspondent on board. His report on the arrival at Stuart river is typical:— The natives were considerably astonished when the steamer blew her whistle at the mouth of Stuart's river; they were frightened and scampered away into the woods. The passengers on board enjoy themselves and pass away the time fishing.1' Fort St. James was reached on August 6,18 and shortly afterwards the adventurous voyage ended at Takla Landing.19 Wright never repeated the experiment; the season was too short and Captain Bill Moore's overland route won the bulk of the trade. The old Enterprise remained on Takla lake, never to return to civilization.20 In May, 1871, Captain William Irving announced that he was going to leave the colony and offered for sale all his interests, including his two steamers, control of the Albion Iron Works in Victoria, and his New Westminster residence, the finest in the Lower Mainland. He intended to return to his old home in Portland, where he had much property. However, the sale did not (15) Barkerville Cariboo Sentinel, June 24, 1871. (16) Ibid., July 16, 22, 1871. (17) Ibid., July 16,1871. (18) A. G. Morice, The History of the Northern Interior of British Columbia, Toronto, 1904, p. 316. (19) Barkerville Cariboo Sentinel, August 12, 1871. (20) " She was designed to ply between that place [Fort St. James] and Tatla [sic] Landing, but once she had gone north she never returned to Stuart Lake, as a direct trail to the diggings had just been cut, which was immediately adopted by the miners." A. G. Morice, op. tit, p. 316. 1947 Steamboat Days, 1870-1883. 75 materialize, and Irving remained in the colony.21 Captain Fleming, who was in poor health, was joined by a partner, Captain Otis Parsons, who took over the operation of the Hope and Lillooet in 1871. Parsons, an old-timer in the colony, had formerly operated a ferry across the Fraser River at Lillooet to Parson- ville, which was named after him. Captain Fleming soon retired to Oakland, California, where he died August 9, 1875.22 The old Reliance was broken up in 1871, and the next year Captain Irving carried on alone with the Onward. Early in 1872 Joseph Spratt bought out Irving's interest in the Albion Iron Works. The arrival of the Onward late in February, 1872, from her winter quarters in the Coquitlam River was greeted with enthusiasm in New Westminster. It meant the long hard winter was nearly over. " For our quiet city, the advent of the up-river steamer is an epoch, and announced the approach of spring, with increased business and lively times."28 Farther inland, in April, the Victoria returned to her regular route from Soda Creek to Quesnel,24 charging a cent a pound for freight and $5 for passage. The sudden death of Captain William Irving on August 28, 1872, was a shock to New Westminster. When the sad news of the death of this gentleman, became known on Wednesday last, it fell like a pall on the entire community. . . . His name will be held in respect by British Columbians as long as one of the present His river interests were taken over by his 16-year-old son, already known everywhere on the river as " Captain John," a name still revered by the old-timers. Well over 6 feet in height, handsome John Irving was a consummate river skipper, a two-fisted fighter, a great social favourite, a mighty drinker, and the soul of generosity. He overcame all rivals, built up a great business empire, was a member of the Provincial Legislature for many (21) His two granddaughters still occupy the old family residence in New Westminster. (22) New Westminster Mainland Guardian, August 25,1875. (23) Ibid., February 21, 1872. (24) Barkerville Cariboo Sentinel, April 13,1872. (25) New Westminster Mainland Guardian, August 31,1872. 76 Norman R. Hacking. April years, and died in Vancouver in 1936,26 poor in everything but friends. He was a giant in an era of giants. His mother, Elizabeth Irving, was a woman of exceptional capacity, and for many years she wielded an active financial power in her son's affairs. In an era when women were expected to stick close to the fireside, Mrs. Irving showed herself a business executive of no mean ability. She died in 1917. Captain Asbury Insley took over command of the Onward for the remainder of 1872, while young John acted as pilot, learning the intricacies of " running " the river from a master. Captain Irving was joined in the management of the business by his uncle, John Dickson, of Victoria. Next spring Captain John assumed active command of the Onward, and made a special excursion to Yale in June to show off his command to the populace, who greeted him with a salute of cannon. Great praise is awarded to Capt. Irving for the able way in which he handled the boat in going up and returning. The settlers on the way, up and down, cheered the steamer as she passed, showing the high esteem they feel for Capt. Irving.2' On the First of July he took the Onward on a holiday excursion to Hastings Mill. It was a gala occasion, and Captain J. A. Raymur, manager of the mill, was host at a free dinner attended by 500 mill-hands and excursionists.28 " Sue " Moody, manager of the rival Moodyville Mills, was not to be outdone. As a patriotic American he was host at a similar excursion, sports meet, and banquet at Moodyville on July 4. Those were spacious days. Late in 1873 came enthusiastic reports of new gold discoveries in the Cassiar region, quite overshadowing the Omineca District. Once again Captain William Moore was in the van, and as a result of his explorations he was given the franchise to build a pack-trail from the head of Stikine navigation at Telegraph Creek to Dease Lake. Captain Irving acted quickly— determined to reap the profits of steamboat navigation on the Stikine. The contract for a new shallow-draught sternwheeler for the river was awarded to Alexander Watson and Lockhart (26) Captain John Irving died August 10, 1936, Vancouver Daily Province, August 11, 1936. (27) New Westminster Mainland Guardian, June 21, 1873. (28) Ibid., July 2,1873. 1947 Steamboat Days, 1870-1883. 77 Smith, two Scottish ship-builders. On March 9,1874, the Glenora (Valley of Gold)29 was launched from Trahey's ways at Victoria, equipped with the engines of the old Reliance.™ She was completed in April, and Captain Irving brought her over to New Westminster to show her off to his friends. Citizens of the Royal City responded by giving an impromptu " Glenora Ball" in the drill-shed, attended by all the youth and beauty of the community.81 On April 22, with Captain Irving commanding and John Dickson as purser, the Glenora sailed for Victoria and the Stikine: " she bore away with her a good many of our familiar faces, the possessors of which are on the way to the new Eldorada."82 Captain Parsons also determined to take advantage of the " new Eldorada " and prepared the Hope for the Stikine trade, taking Captain Insley along as pilot. The Stikine river is by all odds the most dangerous stream for river navigation in the province. Only the most expert pilots ever "ran" its turbulent currents and narrow gorges. A contemporary United States Government report describes its perils:— The velocity and strength of the current throughout the whole length of the river is its most remarkable feature. Without any falls or impediments the current sweeps down with great uniformity, and when the bed or banks are not suitable for towing or tracking the only way to force a boat up is by means of poles. The velocity of the current was measured at several places and averages four or five miles an hour.33 (29) The ship was christened by Mr. R. Lipsett, see Victoria Colonist, March 10, 1874. (30) According to the Victoria Standard, March 10, 1874, she was 100 feet in length, 20 feet breadth of beam, and had a draught of 20 inches when loaded. This newspaper account also stated that the machinery of the Onward was used, but this must have been an error, for that vessel continued on the Fraser River after the launching of the Glenora. The Port of Victoria Register Book, 1867-1880, gives Nellie Irving as her registered owner. For additional information see also E. W. Wright (ed.), Lewis & Dryden's Marine History of the Pacific Northwest, Portland, Oregon, 1895, pp. 216-7. Hereafter cited as Lewis & Dryden. (31) New Westminster Mainland Guardian, April 22, 1874. (32) Ibid., April 25,1872; see also Victoria Standard, April 22,1874. (33) William P. Blake, Geographical Notes upon Russian America and the Stickeen River, Washington, 1868, p. 6. 1 78 Norman R. Hacking. April The depth of water is seldom less than 3 feet in the main channel even at low water. High water usually occurs in July. The journey of the Glenora from Victoria to Wrangel was a memorable one. The fragile little steamer fought a howling gale all the way up the coast, with seas washing a foot deep through the main gangways. Passengers held tight to their life-preservers and offered prayers to the skill of the youthful skipper. Little the worse for the experience, the Glenora reached Wrangel on May 2, six days and three hours from Victoria. The stormy journey up the coast was merely a foretaste of what was to come in the treacherous uncharted reaches of the Stikine River. Excerpts from the log of the Glenora give a glimpse of the problems faced by steamboatmen in the turbulent mountain rivers of British Columbia:— Sunday, May 3d. Left Fort Wrangle [sic] with fifty tons of Freight and a full compliment of passengers; also, having in tow a barge containing twenty tons of freight, including six head of oxen. ... 9 p.m. tied up at Spelten bar, river, so far, very good. May 4th. 4 a.m. started. . . . 12:30 p.m. had to leave the barge; 2:30 p.m. tied up to cut wood. May 5th. 4 a.m. started; 8 a.m. aground on a bar, got lines ashore; 9 a.m. off the bar and tied up to cut wood; 10:30 a.m. started again, at this point the river is divided into four channels, three of which we tried and ran aground each time, and finally, at 11 a.m. tied up and sent a party ahead to explore. ... 12 m. tried it again and ran on a snag, worked all night with lines and tackle ashore, after unloading freight. Steamer leaking May 6th. 5 a.m. water in hold gaining rapidly, steam pumps unable to check it, made two new pumps and at 7 a.m. got the best of the water; 8 a.m. got the steamer off and ran her ashore; 11 a.m. water in the hold lowered and leak discovered, found a hole about two feet square in her bottom; 4 p.m. leak repaired and commenced reshipping freight. May 7th. 9 a.m. started, leaving some of the freight behind; 9.30 a.m. tied up again, finding it necessary at this point to haul two large snags out of the channel . . . at 12:30 p.m. again started; 2:30 tied up to cut wood; 4:15 p.m. off again. . . . 4:55 p.m. reached the H.B. Co.'s post and discharged freight. May 8th. 7:45. Started back for the barge . . . 10:30 a.m. reached the barge; 10:40 a.m. having taken on board the freight from the barge, we started up the river again leaving the barge behind; 2 pm reached the H.B. Co.'s post and tied up, all well. May 9th. 9:45 am left the post and started up the river, taking only the passengers and their freight . . . 10:30 am ran aground on a bar, 1947 Steamboat Days, 1870-1883. 79 lines ashore again; 12 noon off again and started; 1pm tied up to cut wood; 2:30 p m off again, weather fine, 9:15 tied up for the night. May 10th. Daylight, all hands ashore cutting wood; 9 am off; 10:30 am stopped to cut wood; 11.30 am off; 4 pm Glenora riffle. At this point the water is so strong that we worked for thirty minutes with all steam the law allows, and could not gain an inch, and finally were compelled to run a line ahead and work up with the assistance of the capstan, which took us till 6 pm, when we again pushed on; 10 pm, tied up for the night, weather fine, all well, still among snow mountains. May 11th. Daylight, all hands ashore cutting wood; 11.30 am started, weather cloudy, river clear of snags but very rapid; 3pm reached Shakes- ville and took in wood; 4.30 pm reached the big riffle, ten miles below Buck's bar, and finding it impossible to run the steamer above this point, we made a landing at the foot of the riffle and landed passengers and freight, calling the landing Glenoraville.34 Glenora remained the head of navigation for the season, although the next year vessels were able to reach Telegraph Creek, the terminus of Captain Moore's pack-trail. The Hope arrived on the river soon after the Glenora, and business boomed. Rates were $50 per ton for freight to Shakesville and $20 for passage, with no allowance for baggage, which was carried at the rate of $2.50 per ton. This was augmented at Shakesville by a charge of $1 for passage and $2.50 per 100 pounds to Buck's House, 18 miles higher up. The argonauts were not pleased by the exorbitant rates or the terrors of the passage. One disgruntled traveller, writing from Wrangel of the route from Shakesville to Buck's House, complained:— . . . There is no trail or at any rate an awfully difficult one. From Buck's House is the commencement of what Bill Moore pretends to call a trail, and a mile and a half further up is what this celebrity calls the head of Steamboat navigation, a perfect absurdity, as steamers cannot get within nearly twenty miles of it.36 Actually Captain Moore, who had pioneered the Stikine in 1862 with the Flying Dutchman** was quite correct, and steamers were eventually able to make regular trips to Telegraph Creek. In 1874, however, they seldom got far past Shakesville. (34) New Westminster Mainland Guardian, June 3, 1874. (35) Ibid., June 6, 1874. (36) Norman Hacking, " Steamboating on the Fraser in the 'Sixties," British Columbia Historical Quarterly, X. (1946), pp. 21, 39. 80 Norman R. Hacking. April The Cassiar excitement attracted another old-time Fraser River skipper, Captain Charles Millard. He ordered a new steamer to be built at Rock Bay, Victoria, by Captain J. G. Walker, intended for the Stikine route. The little Gem of 27 tons register was launched on April 10,1874.37 Her completion was so delayed that she was not able to get up to the Stikine in time for the 1874 season but went instead to the Fraser in command of Captain George Odin. At the time of her trial run in September the Victoria Colonist reported:— She is the most complete little craft the Province has produced. She is a sternwheeler, has two powerful engines and a gem of a boiler by Spratt. The tonnage is 26; bow sharp, and draft so light that she can run in a heavy dew.38 Competition on the Stikine River between Captain Irving's Glenora and Captain Parsons' Hope was of short duration. Monopoly was always a route to easy riches, so, in June, Parsons came to terms with Irving, who " hauled off " the route, making the usual deal to split the profits. Steamboat charges immediately went up to $80 per ton on the Hope, and the travellers howled with anger, particularly as the steamer sometimes took as much as eight days on the passage up-river from Wrangel. In a letter dated at Telegraph Creek, July 18,1874, a correspondent to the Victoria Standard moaned:— . . . The steamer Hope is making bad time, and charging high prices for freight and passage; freight is $80 per ton, and passage $25, and sleep in one's own blankets, cook for self, pay $1 for inferior grub, and occasionally cut wood, etc., for which not even a man can get " thank you." Captain John Irving's absence is greatly regretted.39 During 1873 the Onward had the Fraser River trade to herself. With all the familiar river captains bound for the Stikine, Captain Irving recalled loquacious " Gassy Jack " Deighton from Burrard Inlet and persuaded him to return to the Fraser for (37) Victoria Colonist, April 11, 1874. Her dimensions were given as 71 feet by 13 feet. The entry in the Port of Victoria Register Book, 1867- 1880, dated September 18,1874, shows her as jointly owned by C. T. Millard (42 shares) and J. A. Clark (22 shares) and states that the engines were the work of the Willamette Iron Works. See also Lewis & Dryden, p. 217. (38) Victoria Colonist, September 17, 1874. Millard had other interests in the Cassiar excitement, for he had shipped the first pack-train of twenty- six animals up to the Stikine, early in May, by steamer Isabel. (39) Victoria Standard, August 6, 1874. 1947 Steamboat Days, 1870-1883. 81 the season in command of the Onward. The Lillooet reached the end of her days late in 1874, and Captain Parsons ordered a new vessel to replace her at the yard of Collings and Cook in Victoria. On her last trip down the river, with a cargo of 62 head of cattle, the old Lillooet presented a grim sight. ... the poor brutes nearest to the boiler had kicked out the side of the boat in several places in order to obtain a little air, and when the Lillooet arrived at the wharf, heads and legs of dead cattle were protruding from the side of the vessel.4" But profits were piling up as monopoly ruled the river, and humanitarianism was not a popular virtue in that day of rugged individualism. Captain Millard's new steamer Gem provided a little competition, but she won trade only when the river was too low for the bigger vessels to run. She was never a favourite with the public, and she passed in and out of the sheriff's hands several times, which was no new experience for her owner. To add to his griefs, she sank at the wharf a couple of times, but he always philosophically pumped out the hull and started out anew. During the season of 1877 she operated on the Stikine,41 but thereafter returned to the Fraser. The Gem made the first trip to Yale in the season of 1880, carrying as part of her freight the printing-press of M. Hagan, the editor of The Inland Sentinel that made its first appearance at Emory (Yale), May 29, 1880. Even on that occasion ill luck followed her, for she was holed a few miles before reaching Yale, but safely raised and taken to New Westminster to be " overhauled and got ready for the fishing season."42 When she was long past her brief hey-day, Morley Roberts, the English novelist, travelled in the Gem from Mission to New Westminster and has left this account of his impres- Next afternoon the " Gem " steamer came down stream. Poor little wretched steamer to be so miscalled: " Coalscuttle " or " Hog-pen " would have made good names for her. The captain and one more made up the crew—two all told. The captain usually steered, and the other man engineered and fired up, and one or other would rush out when making a landing to hitch a rope round a stump; and when wood ran low they would run her ashore near a (40) New Westminster Mainland Guardian, October 7, 1874. (41) Victoria CWom'st, May 16,1877; November 13,1877. (42) Letter to the editor of the Colonist signed M. H[agan]., dated at Yale, April 15,1880; ibid., April 20, 1880. 82 Norman R. Hacking. April pile, the noble skipper getting out to throw half a cord on deck. Then they had to take it aft before they could back her off. So we made slow progress, even with the current of the noble river under u while we stopped to take a few squealing pigs < potatoes.43 Steamboatmen prepared for 1875 in a big way, convinced that trade on both the Stikine and the Fraser would assure high profits. Captain William Moore, who had made a new fortune from his pack-train from Telegraph Creek to Dease Lake, decided to return to the river trade and had the Gertrude launched at Laurel Point, March 22, 1875.44 At the time of her launching the following particulars were reported in the newspaper:— Her dimensions are as follows: Length, 120 feet; beam, 21 feet; depth of hold, 5 feet. She is fitted with ten water-tight compartments. The timber used in her construction consists of natural crooks of yellow cedar obtained near Fort Simpson during the past season. The vessel is to be fitted with two 16 inch cylinders, with 4% feet stroke; slide valves with link motion. Everything is made in the lightest and most substantial manner possible. Her cranks phlanges, bed plates, and fire front, etc., are constructed of the best wrought iron. The steamer will be furnished with two donkey engines, and with two return tubular boilers, which have been tested to 186 lbs. cold When river traffic reopened on the Stikine in May, there were three competing vessels on the run, the Gertrude, Glenora, and Hope. Fares remained at $25 from Wrangel to Glenora, but freight dropped to $45 per ton. The new Dominion steamboat laws had been put in force in 1873, requiring steamboats to maintain a maximum of. 100 pounds of steam-pressure. It was a hard law to enforce, and captains continued gaily to force the pressure up to 140 pounds, although they usually tinkered with the steam-valve to ease the feelings of nervous passengers. Providence was kind, and there (43) Morley Roberts, The Western Avernus, London, 1887, pp. 174-5. The Port of Victoria Register Book, 1867-1880, states that the register for this ship was closed March 22, 1902, the vessel having " been broken up on Fraser River some years ago." (44) Victoria Colonist, March 23, 1875. The christening ceremony was performed by Miss Henrietta Moore, and the vessel was named after her younger sister. See Victoria Standard, March 23, 1870. See also Lewis & Dryden, p. 217. (45) Ibid., March 11, 1875. Her trial run occurred April 18; ibid., April 19, 1875. 1947 Steamboat Days, 1870-1883. 83 were no major explosions for several years. For a time there was doubt as to whether or not the Hope could get up river with the 100 pounds steam-pressure limit, whereas the Gertrude was reported to be able to steam over "the worst riffles on the Stickeen with a pressure of 80 lbs. on the square inch."46 Captain Otis Parsons replaced the old Lillooet with the new steamer Royal City, launched by Collings and Cook at Victoria March 2,1875.4' She was called the " finest specimen of steamboat work yet turned out in the province." The Royal City is 128 feet long, has 26 feet beam, and 5 feet depth of hold. The draught of water is very light, only 22 inches. The powerful engines were built at Coffee & Risdon's Ironworks, San Francisco, and are supplied with Cross' patent cutoff, which permits of great economy of steam. The cylinders are 20 inches, stroke 5 feet, which will enable the steamboat to stem the swiftest water on the Fraser with a low pressure of steam.- The furniture is very handsome. The ladies boudoir and staterooms are beautifully furnished and the staterooms are supplied with spring mattrasses [sic] and every other convenience.43 The Royal City had barely started operation on the Fraser, in command of Captain Asbury Insley, when Captain Parsons sold out all his steamboat interests to Captain John Irving.49 This included also the Hope, which was laid up at Wrangel in August as " unfit for use . . . the machinery taken out, and the hull broken up."60 Captain Parsons decided to retire to California and booked passage on the ill-fated Pacific from Victoria. She sank in collision off Cape Flattery in November, and Captain Parsons, along with his wife and child and his wife's sister, was a victim of the disaster.61 Among other prominent British Columbians lost was S. P. Moody, manager of the Moodyville Mills on Burrard Inlet. This same year John Dickson, Captain (46) Victoria Colonist, May 26, 1875. (47) Ibid., March 3, 1875. She was christened by the Hon. Henry Holbrook. See also Lewis & Dryden, p. 237. (48) Victoria Colonist, April 11,1875. (49) Ibid., June 20, 1875. At this time it was reported: "We learn that Capt. Irving intends, now that he has the trade in his own hands, to reduce the rates of fare." Her first run to New Westminster was made on April 17. See Victoria Standard, April 17, 1875. (50) Report of the Steamboat Inspector for British Columbia to 31st December, 1875, p. 73, in Canada Sessional Papers, 1876. (51) Victoria Colonist, November 9,1875. 84 Norman R. Hacking. April Irving's uncle and partner in business, died at Wrangel on June 2 aboard the Glenora. Competition was strong on the Stikine in 1875 between the Gertrude and the Glenora, with Captain Moore's new boat acclaimed a " lightning-striker." Moore managed to reach Telegraph Creek, 15 miles above Glenora, but business did not come up to expectations, and the steamers spent much of the summer laid up. Eventually Moore bought the Glenora from Irving,62 thus gaining a monopoly on the Stikine. Then in November he brought the Gertrude down to the Fraser, determined to fight Irving's Royal City. The usual cut-rate war followed, with fares down to $1 from New Westminster to Yale, and freight at $2 a ton. The going was tough, and the Gertrude gave up the struggle after a few weeks. Determined to get his revenge, Captain Irving ordered a new steamer for the Stikine. This was the Reliance, the second of the name, launched from Trahey's yard at Victoria, March 7,1876.68 She was built under contract by John F. Steffen, of Portland, with Alexander Watson acting as superintendent. Her boilers were made by the Willamette Iron Works of Portland. Her dimensions were: length, 123 feet; beam, 23 feet; depth of hold, 4% feet; and she was especially designed for the swift and dangerous Stikine as she had a draught of only 16 inches.64 Captain Moore soon came to terms and bought off his rival before the Reliance ever left for the north, and as a consequence she remained on the Fraser all her days.66 Monopoly thus won out again. The old Onward had worn herself out, so she was dismantled and converted into a barge. The see-saw battle between Moore and Irving had another exciting inning in 1877. Early in the year Moore brought the (62) The date of the transfer in the Port of Victoria Register Book, 1867-1880, is November 28, 1876. (53) Victoria Colonist, March 8, 1876. She was christened by Miss Lizzie Irving. See also Lewis & Dryden, pp. 244-5. (54) Victoria Colonist, March 7, 1876. (55) Her trial runs were made early in April, and she completed her first trip to Yale that same week. Ibid., April 6, 1876. Still later that month she made the trip from New Westminster to Yale and from Yale to Victoria, a distance of 275 miles, in twenty-eight hours, including time lost in stopping for wood and discharging and receiving freight at Yale and Hope. Ibid., April 29, 1876. 1947 Steamboat Days, 1870-1883. 85 Gertrude to the Fraser again in opposition to the Royal City and the Reliance—and the fun started. But this was only the beginning, for a syndicate of Yale business-men, headed by the well- known firm of Oppenheimer Brothers, hired the Glenora from Captain Moore, and she too appeared on the Fraser under the command of Captain George Odin. Speed became the order of the day, and the steamers raced up and down the river, each trying to outdistance the other. Moore proudly advertised that the Gertrude was making the 110-mile run up to Yale in ten hours' running-time, with only five hours down-stream. The Reliance countered with a record of nine hours up the river.66 The public enjoyed the races immensely; while steam-pressures mounted and fares declined. Irving cut the passage rates to 50 cents, with $1 a ton for freight, while the Glenora countered with a 25-cent passage and offered to carry freight at 50 cents a ton. The people of Yale were staunch supporters of the Glenora. On her first trip up to Yale a general celebration was held. In honor of the occasion the Yaleites hoisted all the flags in town, with mottoes of welcome on the buildings, and the loyal little place reminded us of the reception given here to Lord Dufferin—so gay were the decorations— showing the hearty appreciation of the people in anticipation of reduced freight and fare.6' New Westminster enjoyed the fun, too. Crowds gathered on the wharves to greet the steamers, and bets were placed on arrival times. Irving's boats provided tough opposition, particularly as he hired the Hyack band to " discourse sweet music at intervals along the route." Apparently the music had charms, for on one trip down the Reliance brought 100 passengers, while the Glenora had to content herself with only five.68 The Gertrude meanwhile gave up the struggle and returned to the Stikine, but the Glenora was tougher opposition. Her owners decided to run the risk of crossing the stormy Gulf of Georgia and advertised weekly sailings direct from Victoria to (56) New Westminster Mainland Guardian, April 11, 1877. (57) Ibid., April 18, 1877. (58) On another occasion it was reported: "The Fraser River steamer Reliance carries a broom at the masthead as she claims to be considered the fastest sternwheeler afloat. . . ." Victoria Colonist, May 1,1877. 86 Norman R. Hacking. April Yale, with passage, including meals and bed, set at 50 cents.69 It was wonderful fun for the public, but it couldn't last. Captain Irving bought the Glenora out, and she "hauled off." For a second time he became the owner of the vessel, and once more he had the river to himself. Even the puttering little Gem was not in evidence, for she spent the years 1876 and 1877 on the Stikine. Having "licked his weight in wildcats," Captain Irving decided to take on a more formidable opponent. During his fight with the Glenora he had asked the Hudson's Bay Company to give him through bills of lading from Victoria to Yale, with transhipment of freight at New Westminster from the Hudson's Bay Company's ships to his own. This the company refused to do, and consequently Captain Irving decided to fight. Early in 1878 he purchased the venerable old sidewheeler Wilson G. Hunt in San Francisco60 and brought her north to fight it out on the Victoria-New Westminster run in opposition to the Hudson's Bay Company's Enterprise. The Hunt had operated on the route in the halcyon days of 1858 and 1859, and, although she was old, she could still make 15 knots and her accommodation was as good as any the Enterprise could offer.61 The Wilson G. Hunt made her first trip to New Westminster as an opposition boat on April 22, 1878, and was greeted with loud hosannas by the Mainland Guardian:— This splendid steamer, commanded by Capt. John Irving, arrived at her wharf here on Monday evening. A telegram having informed the public here of about the time of her arrival, a large concourse of people was on the wharf to receive her. The scene was highly exciting; as the noble vessel neared the wharf the band on board playing " Cheer boys, cheer;" the immense crowd gave three hearty cheers, which was duly acknowledged by Capt. Irving. The appearance of the vessel is undoubtedly most imposing. The wheels appear to be much larger than those of the Enterprise, and the new paint and gilding make her look as trim as if she had been just turned (59) New Westminster Mainland Guardian, May 16, 1877. (60) Victoria Colonist, February 5,1878. The transfer from her American owners is recorded in the Port of Victoria Register Book, 1867-1880, under date of April 20, 1878, and the new owner is given as Thomas L. Briggs. (61) For an account of her previous career see Norman Hacking, " ' Steamboat 'Round the Bend': American Steamers on the Fraser River in 1858," British Columbia Historical Quarterly, VIII. (1944), pp. 273-4. 1947 Steamboat Days, 1870-1883. 87 out of a mould. ... On the trip from San Francisco, in the face of a strong northwest wind, she made the distance in 4 days 18 hours; the steamship Panama, on the same trip, was detained 30 hours. She has 12 staterooms, and can dine 100 at one table.63 Competition waxed strong throughout the summer, until in October the Hudson's Bay Company bought the steamer Olympia, then running on Puget Sound for George S. Wright.63 This vessel had been built in New York in 1869 and was considered " a handsome and trustworthy vessel "M and was far superior to either the Enterprise or the Wilson G. Hunt. She made her first trip to New Westminster on November 1, 1878.66 Late in 1879, after fares had dropped to 50 cents, Captain Irving came to terms. In agreeing to withdraw from the Victoria-New Westminster run, he accepted an offer of through bills of lading, which gave Irving's Pioneer Line two thirds of the through freight and the Hudson's Bay Company the other third. The Olympia was renamed the Princess Louise in 1879,66 and thus became the first of the familiar Princess ships. Subsequently, in 1881, Captain Irving sold the Wilson G. Hunt to Joseph Spratt, of Victoria, who placed her on his East Coast Mail Line, between Victoria and Nanaimo.67 With the organization of the Canadian Pacific Navigation Company in 1883 she was sent to the boneyard and broken up in May, 1890.68 The lengthy controversy over the route of the Canadian Pacific Railway seemed finally settled in July, 1878, when the McKenzie government decided on the Fraser Canyon route. New Westminster cheered with delight and prepared for the coming boom. Victoria sulked, still hopeful that the Bute Inlet route and a bridge across Seymour Narrows would bring trains (62) New Westminster Mainland Guardian, April 24, 1878. See also Victoria Colonist, April 16 and 24, 1878. (63) Ibid., October 18, 1878. The purchase price mentioned was $75,000 to |90,000. (64) Port of Victoria Register Book, 1867-1880. See also Victoria Colonist, July 10, 1878. (65) Ibid., November 2, 1878. (66) Ibid., March 6, 1879. Her registry was closed June 17, 1879, and transferred to London. Port of Victoria Register Book, 1867-1880. (6*7) Victoria Colonist, February 20,1881. (68) Ibid., May 8, 1890. She was finally burned in June. See ibid., June 6,1890. Norman R. Hacking. .April direct to the Island capital. But it was not to be, and in July, 1878, Captain Irving was awarded a contract to transport 5,000 tons of steel rails to Yale, which had long been rusting at Esquimalt and Nanaimo. It was a bonanza for his steamers, and the rail shipment began a boom in river transport which continued until the completion of the railway. The arrival of the first lot of rails at Yale in the Royal City was the occasion for one of those celebrations the little town so enjoyed. There was a salute of twenty-one guns from an anvil battery, flags were hoisted in all directions, and the jollity concluded that night with " a grand display of fireworks."69 There was a setback to the general optimism in November, 1878, when the new Macdonald government cancelled all contracts of the McKenzie government, including Irving's r,ail contract, and the future route of the railway was once again in doubt. After nearly a year Macdonald finally set the stamp of approval on the Fraser route and called for tenders on October 4, 1879, for construction of the section between Emory, near Yale, and Savona. Rails started to move up the river again to Emory Bar, which immediately began to boom as Emory City. In June, 1879, Irving had extended his interests by purchasing from A. S. Bates the Upper Fraser River steamer Victoria, in partnership with Robert McLeese, a Soda Creek merchant. He also joined in partnership with J. A. Mara and W. B. Wilson, Kamloops merchants, in the Thompson River trade. The fortunes of the Pioneer Line were at a high level. In December, 1879, Captain Irving had his first steamboat loss, the sinking of the Glenora. The Reliance had run aground on Puget Sound Bar, and the Glenora was sent up to help refloat her. On the way down, on December 6, the latter also ran into trouble by striking a snag near Farr's ranch. She tore a large hole in her bow and sank immediately. Those aboard were rescued by the Reliance, and some of the ship's fittings were salvaged.'° When the water fell in February, her machinery was removed by the Gem. The expected boom started in earnest in 1880. To prepare for it, Irving had the fine new steamer William Irving built by 1947 Steamboat Days, 1870-1883. 89 Alexander Watson on Burrard Inlet. The keel was laid on February 1, and she was ready for launching at Moody & Nelson's mill on March 19. She was the largest and best sternwheeler ever to appear on the Fraser. She is a model of strength and beauty. Length 170 ft; beam 34 ft; depth of hold 4 ft 6 inches. The engines will be put in at Victoria. The cylinders will be 18 inches and the stroke 6 feet. Her capacity will be 300 tons, and draught of water when loaded, 3 feet 6 inches. She will cross the gulf in the severest weather.'1 By May 13 she was ready for her trial run, and the following day made her first trip from Victoria to New Westminster. She became the first steamer registered under the new regulations at the recently created port of New Westminster.72 Upon her arrival at the booming settlement of Emory later in May the Inland Sentinel was quite rhapsodic:— The splendid new steamer, William Irving ... has been hailed with delight all along the Fraser, and salutes and flags greeted her at different calling places along the river. Capt. John Irving may well feel proud of his new venture; she sits upon the water like a duck, and moves as a thing of life, breasting the swiftest current without hesitency [sic]. The boat is finished in the best possible style for pleasure and durability. Upon her first trip she was accompanied by the Royal City Band, discoursing appropriate responses to the honors paid. The " Boys " had a good time, and gratified many persons Who were reminded of the charms of music in other Doughty old Captain William Moore arrived back in the Fraser River trade in 1880 with the new steamer Western Slope, which he had built for the Stikine River trade the previous year. She had been launched at Victoria on May 8,1879, was 155 feet in length, 26% feet beam, and her capacity estimated at 250 tons. Her engines had 20-inch cylinders and 5-foot stroke and were the product of the Willamette Iron Works, Portland.74 During 1879 she had operated on the Stikine.76 She had deeper (71) Victoria Colonist, March 19, 1880. She was christened by Mrs. R. Dickinson, wife of the mayor of New Westminster. Her boilers were manufactured by Fulton Iron Works of San Francisco and her engines by the National Iron Works of that city. Ibid., March 27,1880. (72) Ibid., May 14, 1880. (73) Emory City Inland Sentinel, May 29, 1880. See also Victoria Colonist, May 23,1880. (74) Ibid., May 9, 1879. She was christened by Miss Minnie Moore. (75) Ibid., May 27,1879. Norman R. Hacking. April draught than the other river-boats, for Moore hoped to run her in Gulf waters. For most of the year 1880 the Western Slope operated under an agreement with Captain Irving, moving steel rails, but Captain Moore was obviously waiting for an opportunity to renew his fight with his old rival.76 There was plenty of business for all, and the Reliance and the Royal City, then commanded by Captain Insley, " the most experienced man afloat upon the Fraser," were also kept busy.77. In August, 1880, Captain John Irving, assisted by young Frank Odin, took the Reliance through the first canyons of the Fraser beyond Yale. The trip served no purpose except to prove Irving's exceptional skill as a river pilot. A long rope was made fast to a rock near the edge of the river, above the east end of the tunnel, and with the combined aid of her engines, capstan, and a crew of deck-hands, the Reliance pushed through a gorge scarcely wider than herself, with jagged rocks projecting out of the water on either side. After going up a few miles, the Reliance ran the rapids back to Yale.78 Opposition to the Irving monopoly appeared in October, 1880, with the arrival of the steamer Cassiar, built the previous year at Seattle by W. J. Stephens for the Stikine trade. Smelling the profits to be reaped on the Fraser, he had her transferred to British registry, and she began operations under the command of Captain N. H. Lane, with Louis Odin as pilot.79 Once again the public enjoyed the spectacle of a steamboat war. The William Irving charged $3 for cabin fare to Yale, and the Cassiar $2, with deck passage $1 on both vessels. The Dominion Pacific Herald of New Westminster noted:— The steamboat opposition on the Lower Fraser appears to be waxing hot, and inexpensive travelling between this city and Yale is the consequence. We understand those who choose to take advantage of both steamers (or three or four steamers as sometimes happens) leaving Yale at once can get (76) Captain Moore was handicapped by financial difficulties; as early as June, 1880, his creditors were meeting and considering the sale of the Western Slope. Ibid., June 1,1880. (77) Emory City Inland Sentinel, May 29,1880. (78) Ibid., August 26,1880. See also Victoria Colonist, August 29,1880. (79) Emory City Inland Sentinel, October 7, 1880, gives date of first trip to Yale as October 4. Rumours of the impending transfer appeared in the Victoria Colonist, September 28-30, 1880. 1947 Steamboat Days, 1870-1883. 91 down for anything or nothing. Between here and Victoria there is no competition.3' The William Irving won the cream of the trade, and in one trip in November she carried the largest freight ever taken to Yale— 270 tons. The spring of 1881 dawned with new hopes and aspirations. Railway construction would soon be in full swing, and all were anxious to reap the benefits. The Reliance opened the river for trade to Yale on March 5, blasting her way through 2 miles of ice. "Hurrah for the Pioneer Line!" cheered the Dominion Pacific Herald. " The Pioneer Line and Capt. Irving forever! "81 At Yale " flying colors and booming of the cannon manifested the people's joy."82 Andrew Onderdonk had the contract for the construction of the line between Emory and Savona, and on March 25 the first of his workmen, 204 white men and 31 Chinese, were landed at New Westminster by the Princess Louise. These were the vanguard of multitudes, white and Chinese, that were to flock into the province under the contract. The white men were the scrapings of the San Francisco waterfront, and soon won the nickname of " Onderdonk's Lambs." A few days later the Dominion Pacific Herald ruefully announced: "Of Onderdonk's Frisco boys who went up to Yale last week, 12 were in the lock-up the first night and 20 the second."88 Competition did not take long to develop, with both the Western Slope and the Cassiar out to reap big profits at the expense of the Pioneer Line, which was running the William Irving, Captain Irving; the Reliance, Captain J. D. Tackaberry; and the Royal City, Captain Frank Odin. Captain William Moore entered the fray with a vengeance and announced direct sailings twice a week between Victoria and Yale by the Western Slope. The Cassiar was also offering opposition between New Westminster and Yale under command of Captain W. D. Moore, one of old Captain William's sons. (80) New Westminster Dominion Pacific Herald, October 20,1880. (81) Ibid., March 9, 1881. Actually the Gem was the first to reach the ice-jam but,- since she could not force her way through, returned to New Westminster. (82) Yale Inland Sentinel, March 10, 1881. (83) New Westminster Dominion Pacific Herald, April 2,1881. 92 Norman R. Hacking. April A big event in the history of the province was the arrival of the first locomotive of the Canadian Pacific Railway, christened the " Yale No. 1," which was landed at New Westminster on May 3, 1881. It weighed 30 tons, and it was quite a job to get it stowed on the bow of the Royal City for transport to Emory. This was finally accomplished, and she steamed proudly away, the locomotive bell ringing as she passed up the river.84 It was the Royal City's last trip, for soon she was taken over to Victoria and dismantled, her engines being removed for the new Elizabeth J. Irving, under construction for the Pioneer Line.85 An amusing item in the Dominion Pacific Herald entitled "A Dead-Head," gives a glimpse of Captain William Moore's rather high-handed methods:— Owing to the number of " dead-beats " recently assaying to come down from Yale on the steamers, Capt. Moore has adopted the precaution of collecting fare from suspicious looking cases before casting off. Last Monday morning, in going the usual rounds, in the performance of this duty, the Captain came across a Chinaman in a sitting posture, with his blanket round him. Upon applying for his fare and receiving no response, the impatient Captain gave " John " a lively " punch," supposing he was asleep, which caused him to tumble over, and, upon examination, he was found to be dead. It appears that the dead Chinaman had been placed on the steamer in that posture during the night by his countrymen, with the idea of getting a free passage to Victoria. Capt. Moore " could not see it" in that light, and the " dead-head" was unceremoniously deposited on the beach at Yale, where he still lay when the Irving sailed at 10 o'clock on Monday.86 The above account may well have been published in spite by the New Westminster paper, for at this time a hot feud was waging over the relative merits of the Pioneer Line and Moore's People's Line. New Westminster staunchly supported Irving and villified Moore. Victoria just as strongly supported Moore. The Western Slope carried freight and passengers direct between Victoria and Yale, and New Westminster felt slighted.87 (84) Ibid., May 11,1881. (85) Victoria Colonist, May 31, 1881. (86) New Westminster Dominion Pacific Herald, June 1,1881. (87) At one time in May, 1881, an effort was made to obtain an injunction restraining the Western Slope from crossing the Gulf of Georgia as she was claimed to be unseaworthy. This attempt was defeated. See Victoria Colonist, May 13,1881. 1947 Steamboat Days, 1870-1883. 93 With so much competition on the river, safety precautions were seldom observed. On a trip through Sawmill Riffle, near Emory, in June the Cassiar had to warp herself through by means of ropes on shore. The passengers, worried by the look of the steam-valve, preferred to walk to Yale. Captain Moore declared that he took the Western Slope through the riffle with 89 pounds and 2% ounces of steam. "Some inclined to the opinion that either the Captain or the steam-gauge lied," tartly commented the Dominion Pacific Herald.** Unfortunately for Captain Moore, his sharp practices were soon in the limelight. He had quarrelled with the second engineer of the Western Slope and had unceremoniously kicked him off the ship. The engineer responded by laying an information against Moore that he was exceeding the 100-pound limit of steam-pressure. The case was heard in the New Westminster police court and was played up to the hilt. The discharged engineer testified that not one safety-valve on the Western Slope was working and that the boiler was burned out. Captain Moore gave standing orders to carry 110 pounds of steam, and that the vessel more frequently carried up to 140 pounds. A fireman testified: " One valve was wedged down so that it could not possibly work; the other stood at 140 lbs, and I never knew it to blow off!" Captain Irving testified that he had noticed a difference of 30 pounds in the ship's two steam-gauges. Captain George Odin testified that the Western Slope could not reach Yale with less than 140 pounds. Captain Moore was obviously guilty, and he and his chief engineer were fined $200 each by the magistrate.89 The Victoria Colonist screamed in anger at the verdict,90 which it called a persecution and a conspiracy, and promptly raised a public subscription to pay the fines, thus " setting the law at open and utter defiance," as the Dominion Pacific Herald put it.91 There was an echo of the affair a few weeks later when the New Westminster paper, still smarting with righteous anger, commented:— (88) New Westminster Dominion Pacific Herald, June 15,1881. (89) Ibid., June 18,1881. (90) Victoria Colonist, June 24,1881. (91) Nev 94 Norman R. Hacking. April The steamer Western Slope has certainly enjoyed a remarkable run of success during the greater part of this season—coming and going with a degree of regularity that shames some other boats, and sailing through Dominion statutes with as much assurance as she would run over a luckless fisherman's net.92 The big event in the late summer of 1881 was the arrival on the Fraser River of Captain Irving's answer to Moore's competition. This was the new Elizabeth J. Irving, built to run directly from Victoria to Yale, and the largest sternwheeler yet to appear on the river, for she was 190 feet in length.93 She was launched June 18 by Mrs. G. A. Walkem,94 wife of the Premier of the province, and was the marvel of the age, for she was equipped with electric light.96 On her first trip from Victoria to Yale on September 19 she took up the dismantled hull of the Royal City, which had become a coal barge and lighter on the river.96 She arrived at Yale on her maiden voyage on September 21 at 8 p.m., the searchlight on her pilot-house attracting the admiration of all. The electric light gave the Yaleites notice of the steamer's approach for an hour or two before her arrival and when she reached her destination at 8:15 o'clock Wednesday evening a large and enthusiastic crowd greeted the steamer and her spirited captain. A salute was fired in honor of the occasion and hearty congratulations were the order of the evening. . . . The electric light does admirable service on the river where both banks are brightly illuminated. In open water, however, it is not of so much service.97 She made the return trip to Victoria from New Westminster in less than six hours against a stiff breeze, and all acclaimed her a great success.98 But her career was short. On her second trip up the river, September 29, her cargo of hay caught fire and she was soon a mass of flames. The crew and most of the passengers jumped ashore and the ship was cast adrift, and a mile below Hope she burned to the water's edge. She had cost over $50,000 and was (92) Ibid., August 20, 1881. (93) Victoria Colonist, June 15, 1881. (94) Ibid., June 19, 1881. Alexander Watson was the designer and builder, and her boiler came from Spratt's Albion Foundry. (95) For a description of the Brill electric light system see ibid., September 7, 1881. (96) Ibid., September 20, 1881. (97) Ibid., September 23, 1881; see also Yale Inland Sentinel, September 22, 1881. (98) Victoria Colonist, September 23, 1881. 1947 Steamboat Days, 1870-1883. 95 not insured.99 Skeletons of several Indians were found on the main deck, which led the Inland Sentinel to comment: " It may be that for the reason that the lives sacrificed were only poor natives little or no inquiry will be made into the causes of the fire."100 It was a stiff blow for Captain Irving, but he managed to salvage the machinery and immediately ordered a new steamer, even larger than the Elizabeth J. Irving. The charred hull was also subsequently salvaged and was put to use as a barge. The year 1882 opened with a vengeance as far as competition was concerned. The Cassiar had been rebuilt at Victoria,101 with improved passenger accommodation, and Captain William Moore had another steamer with which to fight the William Irving. This was a small light-draught sternwheeler called the Pacific Slope. She was launched at Victoria in March, 1882,102 and was described as " diminutive in size " and having a " scowlike bow."103 She was designed to act as a consort for the larger Western Slope, which Captain Moore had found was too large to run to Yale regularly. On occasions both vessels went up-river as far as Murderer's Bar, then goods and passengers were transhipped to the smaller Pacific Slope, which made the trip on to Yale and return, again transferring passengers and freight to the waiting Western Slope, which would carry them to Victoria.104 More frequently the Pacific Slope, commanded by his son, Henry Moore, was used to pick up freight and passengers when the larger vessel was detained down-river. The career of the Cassiar was short, for she came to grief on her first trip of the season, commanded by Captain Charles Millard, who was certainly the most unlucky skipper on the river. On her way up to Yale on April 13, laden with rails and two flat cars, she struck the Two Sisters Rock, below Strawberry Island, and sank almost immediately, a total loss.106 Two months later the hulk floated off the rock and very nearly wrecked the Pacific (99) Ibid., September 30, 1881; see also Yale Inland Sentinel, Septem- (100) Ibid., October 6, 1881. (101) Victoria Colonist, April 23,1881. (102) Ibid., March 11, 1882. (103) Ibid., April 13, 1882. (104) Ibid., April 5, 1882. (106) New Westminster British Columbian, April 15 and 19, 1882. 96 Norman R. Hacking. April Slope.1"6 The stiff competition was too much for Captain Moore. Before the summer was over, he was bankrupt, which was not a new experience for the doughty old fighter. The Western Slope was seized by his creditors,107 and the Pacific Slope was sold to Andrew Onderdonk for use in his railroad building. She was subsequently renamed Myra. Captain Irving meanwhile had replaced the Elizabeth J. Irving by a new steamer which was even larger, the R. P. Rithet, designed for the through run from Victoria to Yale. Built by Alexander Watson, she was launched at Victoria on April 20 by Mrs. Thomas L. Briggs108 and was ready for service by mid-June. The British Columbian describing her arrival for the first time at New Westminster on June 10 reported:— Perfect in lines and model, she is finished and found in every respect in first class style. The carving in the saloons is elaborate and, ornate, while the upholstering, gilding and general finish are simply gorgeous. The staterooms are spacious and convenient, provided with luxurious spring beds and fittings. In short, in the perfection of her lines, the completeness of her appointments, and the elegance of design and finish, the R. P. Rithet is truly a floating palace. She is provided with the patent hydraulic steering gear, and is brilliantly lighted throughout with electricity, having two powerful head-lights placed in huge reflectors. These lights shone with dazzling brilliancy as the noble steamer came into our harbor on Saturday night, the New Westminster Militia Band, who were on board, playing a lively air. . . . The wharves were literally crowded with people who went down to welcome Capt. Irving and congratulate him upon this his last great triumph in marine architecture.169 Back on the river to join in the competition appeared Captain Millard in the Gem, "this good-as-new little steamer," and in July the Gertrude joined the fray.110 She had been running on the Stikine for Captain Moore,111 but he had lost her in his bank- (106) Victoria Colonist, June 18,1882. (107) Ibid., December 12, 1882. The creditors also seized his shipyards, two or three town lots, the two-story residence occupied by Captain Moore,, and the single-story residence occupied by Captain Meyer, as well as (108) Ibid., April 21,1882. (109) New Westminster British Columbian, June 14, 1882. On this trip she took up 570 Chinese coolies which had been landed from the Euphrates. On her first trip up to Yale she did not reach the town. (110) Victoria Colonist, October 10-, 1882. • (111) Ibid., June 13, 1878; April 16,1881. 1947 Steamboat Days, 1870-1883. 97 ruptcy, and she was now owned by Captain J. D. Warren, of Victoria, who put Captain George Odin in command, running as the British Columbia Merchant's Line. Her removal from the Stikine was due to " the failing trade of Cassiar having rendered her presence there no longer profitable."112 The most exciting event for river-boatmen in 1882 was the construction of the sternwheeler Skuzzy, 14 miles above Yale, for Andrew Onderdonk. It was his intention to take her through Hell's Gate Canyon and run her between Boston Bar and Lytton carrying railway supplies, thus avoiding the tolls on the Cariboo road. It was a stupendous undertaking, for no steamer had ever before attempted to run this awful section of the Fraser. Named after a little stream that empties into the Fraser near Boston Bar, the Skuzzy was built by Dalton and was launched on May 4, christened by Mrs. Onderdonk.113 She drew only 18 inches of water. Because of delays in her building, the Skuzzy was not ready to make the attempted run through Hell's Gate until the river had risen to dangerously high levels. Captain Nathaniel H. Lane, Jr., a renowned steamboatman from the Stikine, was hired to command her, but after a look at the canyon he threw up his hands and took over command of the Victoria on the upper river instead.114 Onderdonk then looked around and hired Captain Asbury Insley, the most experienced captain on the Fraser, to undertake the job. Under his command she started out on May 17 and successfully crossed the first riffle,116 but Hell's Gate Canyon proved too great an obstacle. Insley used every wile known to an expert steamboatman, but the powerful little vessel was unable to breast the current. After a futile battle Insley admitted defeat and returned down-river, tying up the Skuzzy at Spuzzum.116 Water in the river at that time was the highest known in forty years. (112) Ibid., June 17, 1882. (113) New Westminster British Columbian, June 14, 1882; Yale Inland Sentinel, May 11,1882. (114) Ibid., May 11,1882. (115) Ibid., May 18,1882. (116) Ibid., May 25,1882. 98 Norman R. Hacking. April There was talk that the steamer would be dismantled and rebuilt at Boston Bar,117 but Onderdonk was not one to admit defeat. He waited until the river had fallen a little and then hired three expert steamboatmen from the Upper Columbia to make the attempt. These were Captain S. R. Smith, of Lewis- ton, Idaho; his brother, David Smith; and J. W. Burse, acting as engineer. These three managed to accomplish the " impossible " after two weeks of Herculean effort. They started out from Spuzzum on September 7, and four days later a few miles had been gained through the Black Canyon.118 In the next ten days several unsuccessful efforts were made to get through, but a sudden rise of the water made it impossible. At length ringbolts were drilled into the walls of the canyon, 125 Chinamen lined the river and hauled on ropes, and with the combined efforts of the Skuzzy's engines, her capstan, and sheer man-power she managed to huff and puff her way up through the boiling current.119 The Skuzzy's triumph was a feat never equalled in western steamboat history. Even to-day old-timers recall the excitement which pervaded the province as the whole population waited for reports on the little steamer's progress. The Skuzzy has long since gone the way of all steamboats, but, for those who care to look, the original ring-bolts, by means of which the vessel pulled herself up the canyon, may still be seen on its walls. Well might the Inland Sentinel comment: " We must say that Capt. Smith and his assistants got the Railway Company out of (what for a time looked like) a difficulty."120 Her first run from Boston Bar to Lytton, a distance of 22 miles, took more than seven hours, but the run down-stream was made in one hour and twenty-seven minutes.121 She arrived at Boston Bar rather the worse for wear, her sides and bottom badly scraped, and a hole punched in her hull through running on the rocks.122 After repairs had been made, she started out with her first load of freight on October 27, under command of (117) Ibid., May 25,1882. (118) Ibid., September 14 and 21,1882. (119) Ibid., September 28 and October 5, 1882. (120) Ibid., October 5, 1882. (121) Ibid., October 5, 1882. (122) Ibid., October 12, 1882. The Isabel at Nanaimo, B.C. The Peerless lying at Savona's Ferry, Kamloops Lake. 1947 Steamboat Days, 1870-1883. 99 Captain J. D. Tackaberry.128 The Smith brothers, well paid for their triumph, returned to Idaho. One other sternwheeler appeared on the Fraser in 1882—the little Adelaide, built at New Westminster for Captain Christian Meyers and Alexander Ewen, owner of Ewen's cannery. Launched on June 13 at the lower end of the city and christened by Miss Emily Howay,124 she was 95 feet in length and 18 feet beam and was intended for freight and passenger traffic between New Westminster and the Lower Fraser canneries and settlements.126 The British Columbian gives a colorful picture of the progress of the Adelaide up the river one day in August, laden down with Indian cannery-hands:— The steamer Adelaide passed up at full speed on Thursday morning, her decks crowded with Indians beating empty oil cans and dancing something very like a war-dance, having in tow two large scows and a flotilla of Indian canoes, and having specimens of the sockeye tribe suspended from the top of poles. It was the " harvest home " of the sockeye run, Mr. Laidlaw's Indians having struck camp, were going up to the Brunette Cannery to be With the opening of the year 1883 monopoly had its final triumph in British Columbia waters with the incorporation of the Canadian Pacific Navigation Co. Ltd., a consolidation of the interests of Irving's Pioneer Line, the steamships of the Hudson's Bay Company, Joseph Spratt, and others. One of the chief reasons for the combine was Irving's desire for a new agreement with the Hudson's Bay Company to eliminate competition on the Victoria-New Westminster route. He was running the R. P. Rithet as a through boat from Victoria to Yale, but under his freight agreement of 1879 the Hudson's Bay Company collected one-third of the freight revenues. The company was capitalized at $500,000, in 5,000 shares, with Captain John Irving as general manager. Directors were his brother-in-law, R. P. Rithet, head of the great importing firm of Welch, Rithet and Company, of Victoria; Robert Dunsmuir, the Vancouver Island coal king; and William Charles and Alexander Munro representing the Hudson's Bay Company, which (123) Ibid., November 2,1882. (124) New Westminster British Columbian, June 14, 1882. (125) Ibid., June 17, 1882. (126) Ibid., August 19,1882. 100 Norman R. Hacking. April owned a majority control.127 Big business had at last invaded a field which had long belonged to rugged individualists. A new era had begun. Irving bought the Western Slope from Moore's creditors for $16,500 in January128 and also purchased the Gertrude, the only remaining opposition on the river. Also in the new fleet were the Princess Louise, Enterprise, and Otter from the Hudson's Bay Company; the Pioneer Line's steamers R. P. Rithet, William lrving,m and Reliance; and the Maude1*0 and Wilson G. Hunt, which Spratt had operated on the east coast of Vancouver Island. For the next eighteen years, until its purchase by the Canadian Pacific Railway, the Canadian Pacific Navigation Company was to " rule the roost" in British Columbia steamboat circles. II. Burrard Inlet Steamboats. The establishment of sawmills on Burrard Inlet in the 'sixties brought a measure of civilization to that wilderness, and with civilization came the inevitable steamboats.181 The first steamer owned on the inlet was the big sidewheel towboat Isabel, built at Victoria by James Trahey for Captain Edward Stamp, the promoter of the British Columbia and Vancouver Island Spar, Lumber and Sawmill Company, later known as Hastings Mill. At the time of her launching, July 28, 1866, she was described as " a remarkably handsome model and a most serviceable craft for (127) Victoria Colonist, January 17, 1883. (128) Ibid., January 9, 1883. The Western Slope continued to operate until the late 1880's, at which time she was relegated to the Coquitlam River, but again in 1891 she was brought down to Victoria for overhauling. Ibid., January 9,1891. (129) The William Irving was wrecked near Agassiz, June 30, 1894, while towing the R. P. Rithet At that time it was reported that the original cost had been $70,000, and there was no insurance on the vessel. Ibid., July 4, 1894. (130) The Maude had been launched on San Juan Island on January 4, 1872, for Mr. Joseph Spratt and had been built by Mr. Smith Burr. Her dimensions were: Length, 115.08 feet; breadth, 21.02 feet; and depth 9 feet; she had two engines generating 150 horse-power and was registered at 156.11 tons. Ibid., January 5, 1872; and Port of Victoria Register Book, 1947 Steamboat Days, 1870-1883. 101 any purpose, being in fact, almost too good to be engaged as a tug at the Burrard Inlet mill for which she was designed."182 For several years the Isabel was employed by the mill company towing sailing-ships through the Narrows to and from the company's wharves.183 The firm went into liquidation in 1870, and the Isabel was sold,184 although she remained on the coast for nearly 30 years longer, finally ending her days as a barge in the employ of Robert Dunsmuir. With two flourishing mills on either side of the inlet a demand arose for ferry accommodation, particularly between Moodyville, on the north shore, and Brighton, at the end of the road from New Westminster. This was provided at first by a rowboat, but about 1868 the first steam-ferry appeared on the inlet—a little screw steamer called the Sea Foam, and operated by Captain James Van Bramer, one of the members of the Moodyville syndicate headed by S. P. Moody. Originally it was intended to use her also as a tug.136 Her undistinguished career included an explosion of her steam-pipes in November, 1868,136 and a fire which destroyed her upper works a year later.137 However, she reappeared in 1870 as " quite a nice comfortable and airy conveyance," according to the Mainland Guardian.1** No doubt she was airy. Van Bramer augmented the Sea Foam about 1873 with another little steam-launch called the Chinaman, 37 feet long, and (132) Victoria Colonist, July 30,1866. She was christened by Mrs. J. G. Shepherd and was named after the wife of the secretary of the mill company. The cost was estimated at $50,000. Ibid., September 5, 1866. (133) For an interesting adventure in which she became involved see F. W. Howay, " The Case of the ' Moneta,'" British Columbia Historical Quarterly, V. (1941), pp. 185-90. (134) According to the Port of Victoria Register Book, 1867-1880, she was sold February 22, 1869, to William Richardson, of San Francisco, and subsequently, on September 15, 1871, to Peter Dewar Forbes, of Victoria. For a time during 1870 she ran between Victoria and Port Townsend. Victoria Colonist, September 8 and 9, 1870. (135) Ibid., September 16, 1868. She had been brought over from Port Townsend and was originally transferred to Captain George Odin, at a reported purchase price of $600. (136) F. W. Howay, "Early Settlement on Burrard Inlet," British Columbia Historical Quarterly, I. (1937), p. 111. (137) New Westminster Mainland Guardian, November 6,1869. (138) Ibid., April 13,1870. 102 Norman R. Hacking. April so named because her hull had been brought from China on the deck of a sailing-ship.189 The Chinaman scampered about the inlet for several years and eventually passed into the hands of the Royal City Planing Mills, of New Westminster. The first steamer built on the inlet was the sidewheel tug Maggie, built in 1873 by Jeremiah Rogers, a logging contractor for the Hastings Mill Company. Under the command of Captain William Rogers the Maggie became one of the first, if not the first, vessel on the coast to engage in log towing, a trade that now employs many hundred of tugboats. A year later the sidewheel steamer Ada was built on the inlet by Henry Maloney to the order of Captain James Robinson and Christopher Lee, an engineer.140 For the most of her life the Ada, whose registered tonnage was only 56.95, ran between settlements in the Lower Fraser Valley with passengers and produce, although for a short time she operated a passenger service between New Westminster and Nanaimo. In January, 1883, she made her last trip, bringing in tow to Victoria the hull of the new steamer Robert Dunsmuir, to which her machinery was transferred.141 This new sidewheeler had been launched at New Westminster, December 13, 1882, by Mr. Henry Maloney and was owned by Captain William Rogers and A. C. Fraser, of New Westminster.142 She was destined for the Nanaimo-New Westminster run, " where a considerable business has sprung up of late." In 1874 Captain Van Bramer had a new ferry-boat built at Victoria by Smith and Watson for the Burrard Inlet service. This was the Lily, equipped with the engines from the Sea Foam. Another newcomer to the inlet that year was the American-built tugboat Etta White, purchased by the Moodyville Mills for towing ships and log-booms. She had been built at Freeport, Wash- (139) F. W. Howay, "Early Settlement on Burrard Inlet," British Columbia Historical Quarterly, I. (1937), p. 111. (140) Victoria Colonist, August 6,1874. (141) Ibid., January 19, 1883. Her cylinders were 2% inches in diameter, with 86-inch stroke. Ibid., April 1, 1883. (142) Ibid., December 14, 1882; April 1, 1883. 1947 Steamboat Days, 1870-1883. 103 ington, in 1871, and had made her first appearance in British Columbia waters in May of that year.143 Less important, but more remarkable, was the sidewheel steam-scow Union, better known as the " Sudden Jerk," which was built on Burrard Inlet in 1874 for J. C. Hughes, one of the Moodyville syndicate. In her spasmodic fashion she was used for log towing and general freighting. The Union was the lineal descendant of the old Fraser River sternwheeler Union, built in 1861, and another steam-scow of the same name whose origins are veiled in mystery.144 However, the final end of the " Sudden Jerk " by fire in 1878 is an event worthy of recording; in its miniscule way it is an epic of the sea. Her adventurous voyage started on July 30, when she left New Westminster for Moodyville under command of Captain Hugh Stalker, with a cargo of fifty bales of hay. The Mainland Guardian describes her end:— When she had reached a point about six miles down the North Arm it was discovered that the steering gear was out of order, and, when the cause was looked for, it was discovered that the rope attached to the tiller had been burned off and that the hay was on fire; probably from some sparks having fallen upon it from the smoke-stack. The vessel was then rendered helpless in mid-stream, and the current carrying her round caused the fire to spread. The anchor was let go, and the flames spread with such rapidity that all on board were compelled to take refuge on the anchor chain in the water, from which unpleasant positions they were ultimately rescued by one of the hands, who succeeded in recovering the small boat, the painter of which had been burned. The vessel was completely destroyed.146 So passed the "Sudden Jerk" through fire and water to her grave. Two more steamboats appeared on Burrard Inlet before the end of the decade, both were built for Captain Van Bramer for ferry and towing services in connection with the Moodyville (143) Ibid., May 2, 1871. The Port of Victoria Register Book, 1867- 1880, has her entered for British registry under date of July 23, 1875, at which time the owner is given as R. P. Rithet. On September 2, 1875, she was sold to Hugh Nelson, of the Burrard Inlet milling company; she was subsequently extensively overhauled (Victoria Colonist, December 31, 1875) and eventually sold to the Moodyville Saw Mill Company on October 20,1879. (144) See George Green, History of Burnaby and Vicinity, Vancouver, 1947, p. 148. (145) New Westminster Mainland Guardian, August 3,1878. 104 Norman R. Hacking. April mills. These were the screw steamers Leonora14* and Senator,141 constructed on Burrard Inlet in 1876 and 1880 respectively by Henry Maloney. They are of some historical interest, for in 1890, with the tug Skidegate, they became the nucleus of the present Union Steamship Company of British Columbia. The present fine coastwise vessels of the Union Company are thus the direct descendants of Van Bramer's little Sea Foam. III. Thompson River Steamboats. A brief note on Thompson River steamboats is necessary to round out the chronicle of river navigation in British Columbia to 1883. The first steamer on the river and Kamloops Lake was the Marten, built for the Big Bend gold-rush by the Hudson's Bay Company in 1866.148 After the decline of the gold fever she was laid up for several years at Kamloops until her purchase in 1875 by F. J. Barnard, the expressman, and J. A. Mara and W. B. Wilson, Kamloops merchants. Barnard had a contract from the Dominion Government to build a telegraph-line up the North Thompson River, and he used the vessel to transport supplies. The contract was delayed by years of procrastination by the McKenzie administration and was finally cancelled in 1878, leaving Barnard with a lawsuit against the Government which dragged on for years. By this time there was a considerable settlement in the Kamloops area, so the Marten was employed spasmodically between the settlements under command of J. A. Mara, Asbury Insley, and others. The Earl and Countess of Dufferin made an excursion across Kamloops Lake in the steamer in 1876, a trip which Lady Dufferin described at length in her published journal.149 The first steamer to appear on the Thompson after the Marten was a peculiar little sidewheeler called the Kamloops, launched in 1872 at Savona by John Adams and equipped with the engines (146) In 1878 the Leonora w when making their survey. Vict (147) Ibid., April 18, 1880. (148) Norman Hacking, " Steamboating on the Fraser in the 'Sixties," British Columbia Historical Quarterly, X. (1946), pp. 35-6. (149) Marchioness of Dufferin and Ava, My Canadian Journal 1872-'78, New York, 1891, pp. 302-5. 1947 Steamboat Days, 1870-1883. 105 from the flour-mill that Adams had installed at Soda Creek in 1867. This steamer was primitive, to say the least, and August Menenteau, her captain, who was also engineer and crew, spent most of his time in the engine-room, steering the boat with lines leading up to the pilot-house. It was claimed that she was " quite a success " and could steam 12 knots an hour, having a draught of only 8 inches.160 The Kamloops was succeeded in 1878 by a little better creation called the Spallumcheen, built at Kamloops by Alexander Watson, the Victoria ship-builder. She was owned by Menenteau, in company with J. A. Mara, W. B. Wilson, and F. J. Barnard, under the name of the Kamloops Steam Navigation Company. She was launched July 3, 1878, and christened by Miss Lily Tait, and did not draw over 6 inches, and was consequently " probably the lightest draft steamer on the coast."161 By this time there was quite a thriving trade to the new settlement of Enderby, in the Spallumcheen Valley at the head of Shuswap Lake, and the little vessel was kept well occupied carrying produce and passengers. Because of her peculiar engine, which came from the Soda Creek flour-mill via the Kamloops, she was known affectionately as the " Noisy Peggy." Competition for the " Noisy Peggy " was the Lady Dufferin, a little sidewheeler built for William Fortune at Tranquille by Neil Morrison. She was launched October 15,1878, and was 90 feet long, 16 feet wide, and had a tonnage estimated at 106.162 On her first appearance at Kamloops on December 3 " she was welcomed by a salute from the Kamloops anvil battery."168 The Lady Dufferin likewise did a thriving service between the scattered farms and settlements in the valley. The construction of the Canadian Pacific Railway brought a sudden boom to the Thompson Valley, and to meet the sudden heavy traffic in freight and passengers, J. A. Mara and his partners, who now included Captain John Irving, had the powerful (150) New Westminster Mainland Guardian, November 9, 1872. (151) Victoria Colonist, July 14, 1878. (152) In a letter to the editor, dated at Kamloops, October 16, 1878, the date of the launching is given and Miss Wilhelmina Campbell as the sponsor. Ibid., November 5, 1878. Her trial run took place on December 2, between Kamloops and Spallumcheen. Ibid., December 12,1878. (153) Ibid., December 22,1878. 106 Norman R. Hacking. April sternwheeler Peerless built at Kamloops in 1880 by Alexander Watson. She was 131 feet in length and 25 feet beam, and, drawing 17 or 18 inches, was capable of a speed of 18 knots, and was regarded as " one of the most successful boats of her class yet built in the province."164 Her engines, built by John Dougal, of Victoria, had 16-inch cylinders and 54-inch stroke, and she was placed under the command of Captain Asbury Insley.166 It was anticipated that she would be able to navigate the Thompson River as far down as Spences Bridge.166 She proved to be a success from the start. She managed to run upon the North Thompson River to Peavine, some 15 miles above the mouth of the Clearwater, in June, 1881,167 and that same month made the first trip to Harper's Mills, at the mouth of the Bonaparte River, thus extending " inland steamboat navigation some thirty miles farther south, or rather west, than it was ever known or popularly supposed to extend before."168 Later that same month she became the first steamer ever to make the run between Ashcroft and Spences Bridge, one of the most dangerous stretches of river in the province—a trip which required five days for the return journey through the Black Canyon.169 Captain John Irving was in command for this special trip, and until his death he carried a gold watch presented to him for his services. The Peerless was followed by several other sternwheelers in the Thompson Valley, but railways and highways have destroyed the days of usefulness of the river-boats, and the C. R. Lamb, the last of a notable list, is now laid up as a houseboat at Kamloops. Norman R. Hacking. Vancouver, B.C. (154) Ibid., November 23, 1880. (155) Yale Inland Sentinel, July 7,1881. (156) New Westminster Dominion Pacific Herald, November 6, 1880. (157) Yale Inland Sentinel, June 30, 1881. (158) New Westminster Dominion Pacific Herald, June 25, 1881. On one occasion in June, 1881, Captain Insley ran her from Harper's Ferry, 20 miles below Kamloops Lake, to Savona in five hours, stemming a 10-mile current without putting out a line. Yale Inland Sentinel, July 7, 1881. (159) The Peerless reached Spences Bridge on June 29, 1881. Her progress was recorded in the Victoria Colonist, July 1 and 20, 1881, and in the Yale Inland Sentinel, June 30, 1881, et passim. Steamboat Days, 1870-1883. 'intensions, etc., as given by even the best authorities frequently vary by 7 inches (or, in some instances, a few feet). The principal sources upon h the following table is based are indicated as follows:— [L] Lewis & Dryden's Marine History of the Pacific Northwest. [N] Contemporary newspaper records. [NW] Port of New Westminster Register of Shipping. i of Canada, 5. [S] Reports of the Steamboat Inspector for British Columbia, 1875- 1883, published annually in Canada Sessional Papers. [V] Port of Victoria Register Book, 1867-1880 (photostat copy in Archives of B.C.). Fraser and Stikine River Steamers: 1870-1883. Sternwheeler; launched at New Westminster, June 13,1 Maloney for Christian Meyers and Alexander Ewen Dimensions: 95.2' x 17.3' x 4.5' [NW]. Engines: 80 h.p. [S]. Registered tonnage: 96.02 [NW]. Sternwheeler; launched at Seattle, 1879, by J. F. T. Mitchell for W. J. Stephens. Dimensions: 131' x 26.3' x 4.8' [V]. Engines: 16" x 72" [L]; 150 h.p. [V]. Registered tonnage: 290.28 [V]. t Victori: Sternwheeler; launched Watson for John Irvir Dimensions: 167' x 33.8' Engines: 86.07 h.p. [S]. Registered tonnage: 692.99 [NW] !.5' [NW]. 4. Gem. Sternwheeler; launched at Victoria, April 10,1874, by J. G. Walker for Charles Millard. Dimensions: 71' x 13' x 2.6' [V] [R]. Engines: 40 h.p. [V]. Registered tonnage: 27.06 [V] [R]. 108 Norman R. Hacking. April 1874, by Alexander 5. Gertrude. Sternwheeler; launched at Victoria, March 22, 1875, by Alexander Watson and Lockhart Smith for William Moore. Dimensions: 120' x 21' x 5' [V] [N]. Engines: 16" x 54"; 100 h.p. [N]; 56 h.p. [S]. Registered tonnage: 178.23 [V] [S]. 6. Glenora. Sternwheeler; launched at Victoria, March 9 Watson and Lockhart Smith for John Irvin Dimensions: 102.7' x 20.2' x 4' [V] [R]. Engines: 50 h.p. [V]. Registered tonnage: 149.32 [V] [R]. 7. Pacific Slope (renamed Myra). Sternwheeler; launched at Victoria, March, 1882, by J. G. Walker for William Moore. Dimensions: 92' x 22.7' x 3.3' [NW]. Engines: 26.97 h.p. [S]. Registered tonnage: 71.88 [NW]. 8. Princess Louise (ex Olympia). Sidewheeler; launched at New York, II son's Bay Company in 1878. Dimensions: 180' x 30' x 13' [V]. Engines: 46" diameter; 350 h.p. [V], Registered tonnage: 624 [V]. 9. R. P. Rithet. Sternwheeler; launched at Victoria, A Watson for John Irving. Dimensions: 177' x 33.6' x 8.5' [NW]. Engines: 90 h.p. [S]. Registered tonnage: 686.16 [NW]. 9; purchased by the Hud- 10. Relian Sternwheeler; launched at Victoria, March 7, 1876, by Alexander Watson for John Irving. Dimensions: 122' x 23' x 4.8' [V]. Engines: 120 h.p. [V]; 55.2 h.p. [S]. Registered tonnage: 121.06 [V] [S]. Sternwheeler; launched at Victoria, March 2, 1875, by Collin Cook for Otis Parsons. Dimensions: 128.1' x 26' x 5' [V]. Engines: 20" x 60" [L]; 280 h.p. [V]. Registered tonnage: 322.16 [S]. Steamboat Days, 1870-1883. 12. Skuzz; Sternwheeler; launched 14 miles above Yale, May 4,1882, by William Dalton for Andrew Onderdonk. Dimensions: 127' x 24.2' x 4.5' [NW]. Engines: 60 h.p. [NW]; 48 h.p. [S]. Registered tonnage: 254.37 [NW]. 13. Western Slope. Sternwheeler; launched at Victoria, May 8, 1879, by Alexander Watson for William Moore. Dimensions: 156'x 26.5'x 8' [V]. Engines: 20" x 60" [L]; 160 h.p. [V]; 86.32 h.p. [W]. Registered tonnage: 725.71 [V] [W]. 14. William Irving. Sternwheeler; launched at Burrard Inlet, March 19, 1880, by Alexander Watson for John Irving. Dimensions: 166.3' x 34.3' x 4.5'. Engines: 18" x 72" [N]; 74.4 h.p. [S]. Registered tonnage: 591.04 [NW] [S]. 15. Wilson G. Hunt. Sidewheeler; launched at New York, 1849; purchased by John Irving, 1878. Dimensions: 186' x 26' x 8' [V]. Engines: 36" diameter; 150 h.p. [V]. Registered tonnage: 350.36 [V]. Burrard Inlet Steamers, 1865-1883. 1. Ada. Sternwheeler; launched at Burrard Inlet, August, 1874, by Henry Maloney for James Robinson and Christopher Lee. Dimensions: 82' x 19' x 5.5' [V] [R]. I Engines: 2.5" x 36" [N]; 75 h.p. [V]. ' Registered tonnage: 56.95 [V] [R]. 2. Chinaman. Screw-propelled steam-launch; brought from China and operated by James Van Bramer. Dimensions: 37' x 7.6' x 4.6'. Engines: 4 h.p. [S]. Registered tonnage: 11.25 [S]. 3. Etta White. Screw tug; launched at Freeport Mills, Washington, 1871. Dimensions: 93' x 19.6' x 9' [V]. Engines: 120 h.p. [V]. Registered tonnage: 82.4 [V]. Norman R. Hacking. 4. Isabel. Sidewheeler; launched at Victoria, July 28, 1866, by James Trahey for Edward Stamp. Dimensions: 142.4'x 22.6'x 9.1' [V] [R]. Engines: 80 h.p. [V]. Registered tonnage: 146.56 [V]; 300.07 [S]. Screw tug; launched at Burrard Inlet, 1876, by Henry Maloney for James Van Bramer. Dimensions: 57' x 9.2' x 5.3' [W]. Engines: 7 h.p. [S]. Registered tonnage: 18.00 [SJ. , by Alexander Watson and 6. Lily. Screw ferry; launched at Victoria, 187 Lockhart Smith for James Van Bramer. Dimensions: 43' x 6.9' x 3' [SJ. Engines: 2.2 h.p. [S]. Registered tonnage: 4.15 [S]. 7. Maggie. Sidewheel tug; launched at Burrard Inlet, 1873, for Jeremiah Rogers. Dimensions: 72' x 16' x 4.5' [NW]. Registered tonnage: 49.06 [NW]. 8. Robert Dunsmuir. Sidewheeler; launched at New Westminster, December 13, 1882, by Henry Maloney for William Rogers and A. C. Fraser. Dimensions: 113' x 20' x 7' [L] [N]; 105' x 17.5' x 6.7' [NWJ. Engines: 2.5" x 36" [N]; 65 h.p. [NW]. d tonnage: 146 [NW]. 9. Sea Foam. Dimensio ew ferry; operated by James Van Bramer. is: None available. 10. Senator. Steam screw ferry; launched at Burrard Inlet, April, 1 Maloney for James Van Bramer. Dimensions: 51.5' x 12.5' x 4.5' [NWJ. Registered tonnage: 21.42 [SJ. 11. Union. Steam scow; launched Dimensions: 54' x 13' x 4' [NW]. Engines: 4.05 h.p. [SJ. Registered tonnage: 25.98 [SJ. d Inlet, 1874, for J. C. Hughes. 1947 Steamboat Days, 1870-1883. Ill Thompson River Steamers, 1866-1883. 1. Kamloops. Sidewheeler; launched at Savona, 1872, for John Adams. Dimensions: 57' x 12.5' x 3' [NW]. Engines: 4 h.p. [S]. Registered tonnage: 11.79 [SJ. 2. Lady Dufferin. Sidewheeler; launched at Tranquille, October 16, 1878, by Neil Morrison for William Fortune. Dimensions: 87.5' x 16' x 5.5' [NW]. Engines: 20 h.p. [NW]; 10.2 h.p. [S]. Registered tonnage: 52.38 [NW]. 3. Marten. Sternwheeler; launched at Savona, 1866, by James Trahey for the Hudson's Bay Company. Dimensions: 125' x 25' x 5' [SJ. Engines: 40.25 h.p. [SJ. Registered tonnage: 282.51 [S]. 4. Peerless. Sternwheeler; launched at Kamloops, November, 1880, by Alexander Watson for Mara, Wilson & Company. Dimensions: 133' x 25.5' x 5' [NW]. ' Engines: 16" x 54" [N]; 75 h.p. [NW]; 53.04 h.p. [SJ. Registered tonnage: 256.03 [NW]. 5. Spallumcheen. Sidewheeler; launched at Kamloops, July 3,1878, by Alexander Watson for the Kamloops Steam Navigation Company. Dimensions: 83.25' x 26.3' x 6' [N]; 80' x 17' x 5' [NW]. Engines: 4 h.p. [SJ. Registered tonnage: 50.54 [NW]. JUDGE BEGBIE IN ACTION: THE ESTABLISHMENT OF LAW AND PRESERVATION OF ORDER IN BRITISH COLUMBIA* Sir Edward Bulwer Lytton, it appears, gave no specific instructions to the young barrister and court reporter, Matthew Baillie Begbie, whom he had appointed Judge of the Crown Colony of British Columbia. He did, it is true, make it clear to Begbie that he must, at all costs, preserve order among the American miners, and he informed him that he must assist Governor Douglas in any department of government where he could be of use, but he wisely left it to the men on the spot to shape their policies in the light of local conditions.1 The new Judge was thus confronted with two great tasks: those of creating a judiciary and making that system supreme. It was an immense undertaking, and one that must be started without delay. Accordingly, he set out for the distant Pacific coast as soon as he received his commission from the Queen on September 2, 1858, arriving in time to participate in the impressive ceremony that marked the transition of the territory from fur kingdom to gold colony. British Columbia had been created by the Act of August 2, 1858, commonly known as the " British Columbia Act,"2 but it was not until November 19 of the same year that the new colony was formally ushered into existence. Judge Begbie, without whom the ceremony could not properly take place, arrived in * The second in a series of four articles dealing with the career of Sir Matthew Baillie Begbie. (1) Lytton to Douglas, September 2,1858, in Great Britain, Parliament, Papers Relative to the Affairs of British Columbia, Part I. (Cmd. 2476), London, 1859, pp. 61-2. This important series of Blue-books comprises four parts: Part II. (Cmd. 2578), London, 1859; Part III. (Cmd. 2724), London, 1860; and Part IV. (Cmd. 2952), London, 1862. Hereafter referred to as British Columbia Papers. For Begbie's instructions on the preservation of order, which appear to have been verbal, see Lindley Crease, " Sir Matthew Begbie," Victoria Colonist, June 19, 1938. (2) 21 & 22 Victoria, c. 99, "An Act to provide for the Government of British Columbia," British Columbia Papers, Part I., pp. 1-2. 114 Sydney G. Pettit. April Victoria from San Francisco on Tuesday, November 16, and embarked with Governor Douglas and his suite for the mainland on the following Wednesday. The official party, consisting of the Governor, Rear-Admiral R. L. Baynes, officer commanding the naval forces of the Pacific Station, His Honour, Judge David Cameron, Chief Justice of Vancouver Island, and other officials were carried by H.M.S. Satellite to Point Roberts. Here they spent the night, and on the following day were conveyed by the Hudson's Bay Company's ship Otter to the steamship Beaver, which awaited them at the mouth of the Fraser River. Both vessels then proceeded to Old Fort Langley, where a detachment of Royal Engineers under the command of Captain Parsons disembarked. The party then continued to New Fort Langley, where the ceremony was to take place on the next day. Although Friday broke grey and rain fell heavily, the occasion lacked none of the pomp that had characterized the journey of the Governor and his aides from Victoria. There were bluejackets and sappers to form a guard of honour. A salute of eighteen guns boomed one by one from the Beaver. In the main building of the fort, naval and military uniforms and the robes of the Judges lent colour and solemnity to the ceremony, symbolizing the fact that the Queen's servants were to bring order and progress to the wilderness. Governor Douglas, after reading a short address, administered the oaths of allegiance and office to Begbie, and delivered to him the Queen's commission as Judge of British Columbia. Judge Begbie then administered similar oaths to James Douglas, and read aloud his Governor's commission. Taking the commission, Governor Douglas proceeded to read the proclamations upon which the authority and functions of his Government were to be established. First, he read a proclamation revoking the Hudson's Bay Company's licence to exclusive trade with the Indians within the boundaries of the new colony. He then proclaimed three other laws. The first was the Act of August 2,1858, which created the Colony of British Columbia and made provision for its law and government, and the second was a proclamation validating the Acts of Douglas and his officials before the declara.- tion of this Act. The third stated that English law was in force in the colony as provided for in the Act of August 2,1858, and 1947 Judge Begbie in Action. 115 that the Acts of 1803 and 1822,8 which had placed the western territories under the law and jurisdiction of Upper Canada, should cease to have force in, and be applicable to, the Colony of British Columbia. On November 21 Governor Douglas left the fort to resume work on the pressing problems with which he had to deal in the two colonies. Another salute of guns marked his departure, an observance fitting the man and the situation, for James Douglas was an autocrat by disposition, and he was to rule the gold colony in the grand manner of the old colonial governors. Following the letter rather than the spirit of the Act of 1858, he appointed Colonel R. C. Moody and Judge Begbie as members of the Executive Council for British Columbia, with which he was to work throughout his tenure of office. This council was created in March, 1859, and was essentially advisory in function. Colonel Moody, in addition to commanding the Royal Engineers, held a dormant commission as Lieutenant-Governor of British Columbia and acted as Chief Commissioner of Lands and Works. In this formative period Moody's position was of the first importance. He had charge of the armed force which was to defend the colony should the need arise. In the event of serious disorders among the miners he was to take charge of the situation if it proved too great for the colonial police to control.4 Under his direction the Engineers made surveys and built roads. As Chief Commissioner of Lands and Works, Moody had control of the sale of lands. There are no minutes of the meetings of the council, but in the light of Douglas' dislike and disapproval of Moody it is not likely that he carried much weight in the formulation of policy.6 Judge Begbie, by virtue of his position, acted in an advisory capacity in the matter of legislation. As he served as Attorney-General up to March, 1859, when G. H. Cary was appointed to that position, it is to be presumed that he promul- (3) 43 George III., c. 138, and 1 & 2 George IV, c. 66. (4) Instructions to Colonel R. C. Moody, enclosed in Lytton to Douglas, November 1,1858, British Columbia Papers, Part I., pp. 73-6. Lytton went to great pains to explain that there could be nothing more harmful to a community than the confounding of the duties of soldiers with the functions 116 Sydney G. Pettit. April gated the first laws of the colony.6 From his correspondence it appears that he frequently discussed legislation with Governor Douglas and the Colonial Secretary, W. A. G. Young, but, unfortunately, seldom committed his views to paper. Governor Douglas held Judge Begbie in the highest esteem, both as a man and as an able servant of the Crown. It is true that they frequently disagreed in matters of policy, but mutual respect and a similarity in outlook on the broader issues of the time permitted them to work in harmony together.7 As both men were autocratic by disposition and arbitrary in the conduct of affairs, it is probable that they had little use for representative institutions in the colonies. They made many enemies and must have been drawn together by common sympathy when pilloried in the press, where the Governor endured the slings of Amor de Cosmos and Judge Begbie suffered a hail of arrows from John Robson.8 Yet James Douglas was too impartial a man to permit private disagreement to colour his opinions in matters of public service, and he was able to commend Begbie on achievements that were obvious to all but the most jaundiced eyes. In his " Confidential Report on Officers," believed to have been written in 1863, he wrote:— Able, active, energetic and highly talented, Mr. Begbie is a most valuable public servant. I feel greatly indebted to him for the zealous discharge of his official duties and for many services beyond the strict line of official duty. It would be impossible I think to find a person better qualified for the position he fills and for that of Chief Justice when the appointment is It has been said that these men played their parts on a small stage.10 This is true, in the sense that the northwest coast was remote and that the problems of the colony were trivial in com- (6) The Act of August 2, 1858, and the proclamation of November 19, 1858, declared English law to be in force, but the latter made provision for the proclamation of laws required by local conditions. (7) Victoria Colonist, March 11,1864. (8) De Cosmos was editor of the Daily British Colonist, published in Victoria. He attacked Douglas for his failure to establish properly representative, responsible government. John Robson edited the British Columbian, published on the mainland at New Westminster, in which he flayed Begbie for what he considered tyranny and incompetence. (9) MS., Archives of B.C., reprinted in Sage, op. tit, p. 301. (10) Ibid., p. 351. 1947 Judge Begbie in Action. 117 parison with those of more populous areas. But if the events of the time are set within the context of continental movements and rivalries, it becomes apparent at once that the policies of the British Government were momentous and that Douglas and, to some extent, Begbie played important parts in the unfolding of our national destiny. Nearly a century has elapsed since the hazardous days of the gold-rush of 1858, and with the passage of time the existence of British Columbia has been taken for granted. The southern boundary is accepted as if it had come into existence by the decree of nature. Yet a moment's reflection will show that the division between British Columbia and the bordering American states is man-made and determined by historic rather than by geographic forces. It is, in short, an arbitrary line of demarcation, determined by treaty in 1846, and held during the critical period of the gold-rush by Governor Douglas and his able lieutenant, Judge Begbie. The American frontier, thrust forward by growing population pressure, was drawn steadily westward as the continent yielded its treasures of forest, land, and mine. By the middle of the nineteenth century the richest and most accessible part of the continent had been won. There had been little to deflect this movement from its westward course. The area north of the Great Lakes had nothing to compare with the fertile lands of the Middle West. In comparison, the Canadian Shield, the Ontario Peninsula, and the Prairies were far less attractive. Had these lands been richer and more accessible, the American frontiersmen would have poured in and their Government would have secured them by forceful negotiation, as it did in Maine, Oregon, and Alaska.11 After 1850 the situation changed, and a period critical for the future, if not the existence, of Canada ensued. By this time the frontier had reached the Pacific and the whole of the American West was occupied. At the same time population pressure increased, and its force would ultimately be directed against the 49th parallel, which, in the West, was little more than a line of demarcation between the land the Americans had occupied and that which they had not wanted for the time being. There was thus ample reason why these vacant territories should 118 Sydney G. Pettit. April become increasingly attractive to landless adventurers who were not insensitive to the demands of manifest destiny. The Americans had outflanked the frontier of Canadian settlement, which in 1850 had not passed beyond the Great Lakes.12 At the same time the American mining frontier was moving northward in a sharp thrust towards the western limits of the great fur empire of the Hudson's Bay Company.18 This vast preserve, extending from the Great Lakes to the shores of the Pacific, had remained vacant while the floods of American settlement were pouring irresistibly to the western coast. In Canada there had never been sufficient population pressure to overcome the barriers of the Hudson's Bay Company's privilege and to push settlement over the wastes of the Canadian Shield in the wake of the fur frontier. Such a movement had to wait many years until steel could span these areas like a giant causeway to the Pacific. In the meantime, for a period of more than twenty years, the fate of the future dominion hung in the balance. The loss of Oregon was an example of the consequences of American expansion into territory to which Great Britain had a legitimate claim but had failed to safeguard with an adequate framework of government and law. The lesson was not forgotten in this instance, and provisions were made to avert the consequences of any further incursions into Her Majesty's possessions. After long debates in both Houses it was finally decided that a colony should be established on Vancouver Island to form a barrier against further American expansion. As few of the members were willing that the mother country should foot the bill, it was finally agreed that the Hudson's Bay Company was best fitted to undertake the task. At length, after protracted negotiations, an arrangement was made, and on January 13, 1849, the colony was established under terms that were to cost the Government nothing and enable the company, opposed to settlement, yet fearful of American occupation, to make an adjustment to the situation in terms most satisfactory to itself. (12) With the possible exception of the Red River Colony, which, by reason of its affiliations with the Hudson's Bay Company, was a population centre only in a restricted sense. (13) T. A. Rickard, "Indian Participation in the Gold Discoveries," British Columbia Historical Quarterly, 11.(1938), pp. 3-18, passim. 1947 Judge Begbho in Action. 119 Here, on the southern rim of British territory, was an organized government which, enjoying an authority and prestige that the company had never possessed in Oregon, could extend its authority and establish an administration in any part of the British Pacific possessions where the home Government deemed it necessary. The precautions taken by the British Government were justified by subsequent events. The influx of Americans which they had forseen with some alarm was soon to come, though the attraction which drew them northward was not land, but gold. This mineral, which was to play so large a part in the next two decades, had been discovered as early as 1833 on the shores of Okanagan Lake by David Douglas, the botanist, but the first discovery to attract miners was made on the Queen Charlotte Islands in 1850. After the deposit had been investigated by the Hudson's Bay Company, news soon spread to the goldfields of California. Two ships left Puget Sound and six sailed from San Francisco with adventurers eager for a new bonanza. Although the rush proved to be a fiasco, the event is of special significance, for it put the policy of 1849 to the test and served as a dress rehearsal for the drama of 1858. James Douglas, who had succeeded the unhappy Blanshard just as the excitement was beginning, was able to act with the full authority of an officer of the Crown. He learned what steps to take in such an emergency and the precise attitude of the home authorities on various points of procedure and policy. The agitation created by this strike had not long subsided before rumours and reports of similar discoveries on the mainland began to circulate. In all probability gold had been found first by Indians, as it had on the Queen Charlotte Islands, and carried to the Hudson's Bay Company officials for purposes of trade.14 According to Rickard, the company agent at Kamloops had obtained dust from the natives as early as 1852, and there is evidence to show that the metal was brought to other posts in the Interior.16 It is thus very likely that the discovery at Colville in 1855 did not surprise Douglas greatly, though the richness of the strike led him to write a full report to Labouchere on April 120 Sydney G. Pettit. April 16, 1856, in which he expressed the belief that similar deposits might be found in other parts of the country.16 For the time being these discoveries led to no widespread activity, but through 1857 Douglas' dispatches contained frequent references to gold. By the end of the year he believed that another gold-rush was inevitable and wrote to inform the British Government that he anticipated an inrush of miners in the following spring.17 Though he had no specific instructions to represent the Crown on the mainland, he issued a proclamation and regulations similar to those that he had used on the Queen Charlotte Islands.18 James Douglas was prepared for any eventuality. As he had predicted, the rush to the Fraser began in the spring of 1858. Between 25,000 and 30,000 men poured into the territory. The majority of these miners were American citizens, though a considerable sprinkling of other nationalities gave a strong cosmopolitan colouring to the movement. All had one end in view, and that was the rapid acquisition of a fortune. Most of them were law-abiding and from past experience knew that their best interests would be served under a rule of law. There were, however, certain tendencies inherent in the situation that might lead only too easily to the loss of the territory to the United States. First of all, there was the danger of an Indian rising. The natives naturally resented the incursion of large numbers of white men into their ancestral domains. They had come to trust the servants of the Hudson's Bay Company, partly from the benefits derived from trade, but chiefly because the company men treated them in accordance with their profound knowledge of the Indian character. The Americans, on the other hand, they hated and mistrusted, for word soon reached the northern tribes of the bloody wars that had followed the American frontier as it moved west and turned north toward the Fraser. There was also danger from lawlessness. Though a distinct minority, the gunmen, gamblers, and rowdies might get the upper hand of the law, as they had in California, and initiate 1 B.C. Archives of B.C. 1947 Judge Begbie in Action. 121 a reign of terror. Either of these possibilities—an Indian rising or a serious outbreak of disorder among the white men—could have only one outcome: the miners would organize themselves and call on their mother country for help; Britain would be powerless to act, and there could be no doubt as to the reaction of the American Government. Whether willing or unwilling to intervene, they would have been compelled by public opinion to sweep aside the flimsy barrier of the International. Boundary and extend the border of the republic to the " fifty-four forty " of Polk's election war cry.19 Had this happened, as it might easily have done, there can be no doubt that the country west of the Great Lakes would have fallen into American hands. How long the older centres, the Canadas and the Maritimes, could have held out would have been a question for manifest destiny alone to decide. During the spring and summer of 1858 James Douglas shouldered the responsibilities of the gold-rush almost alone. His experience in Oregon had afforded him a close acquaintance with the American frontier. He had at his disposal the machinery created in 1849, and he had already learned how to use it in 1850. It is evident from his.dispatches that he considered all eventualities during the winter of 1857. Thus, when the crisis came, he was able to take immediate steps to contain the incursion of Americans within a framework of government and law. His prompt action prevented an Indian war that might easily have led to American intervention. He overawed the lawless element and controlled the autonomous tendencies among the miners with such firmness that there were no appeals to the Government of the United States for help. By the end of the summer Douglas had forestalled, for the time being at least, any possibility of the territory's suffering the fate of Oregon. With-the approach of autumn a large number of miners left the country to spend the winter in the South, giving James Douglas a respite from some of his heavy responsibilities and time to prepare for the administrative tasks that lay before him as governor of the new colony. The creation of the Colony of British Columbia on November 19,1858, marks a transition from (19) A. S. Morton, A History of the Canadian West to 1870-71, Toronto 122 Sydney G. Pettit. April a period of hasty improvisation to one in which a system of government and law was gradually established by the new governor and his officials. This was accomplished largely between 1859 and 1861, a period of some three years in which Judge Begbie made his lasting contribution to the history of the West. By his suppression of violence he assured the continuance of the country under the British flag. At the same time he established the judiciary and undertook many an administrative task for the Governor that lay beyond the limits of his official duties. He won for himself the name of the " Hanging Judge," it is true, but a careful consideration of his work will show that the title had, as he might have said himself, no shadow of foundation. The first of Judge Begbie's " services beyond the strict line of official duty " was his journey into the Interior from Yale in March, 1859. It is sometimes referred to as his first circuit in British Columbia, and such it was, for he was accompanied by Arthur Thomas Bushby, his clerk and registrar, and Charles Nicol, the high sheriff. The chief purpose of the mission, however, was to estimate the resources and describe the terrain oJ the hinterland. The Judge was admirably fitted for the undertaking. He was strong, athletic, and suited by nature and training for a scientific reconnaissance of this kind. His diaries contain numerous calculations of latitude and longitude, meteorological records, and descriptions of topographical features. The long report which he submitted enabled Douglas to form a very clear picture of the southern portion of the Fraser Basin. In the Judge's opinion the American population had submitted readily to British authority—a tribute to Douglas' work in the previous summer. He considered the land wealthy both in minerals and agricultural possibilities, but made it clear that the latter could not be realized until a satisfactory system of land tenure had been worked out and a proper system of communications had been established.20 (20) Begbie to Douglas, April 25, 1859, Begbie Letters, MS., Archives of B.C. This report is also to be found in British Columbia Papers, Part III., pp. 17-24. It was subsequently published in the Journal of the Royal Geographical Society, XXXI. (1861), pp. 237-48. The precision of Begbie's descriptions and the logic of his conclusions reveal a natural capacity for scientific work. 1947 Judge Begbie in Action. 123 It was Judge Begbie's scientific interests that brought him into collision with Colonel Moody and his Engineers. We find him performing duties that were definitely those of the Department of Lands and Works, and it seems that this was more than the professional and regimental pride of the Royal Engineers could endure. A letter written to Douglas in March, 1859, shows him making arrangements for a ferry and laying out the town lots at Fort Hope. At the same time he wrote to Moody, requesting him, very courteously, to be good enough to appoint Magistrate Nicol as a surveyor.21 When the Judge, acting on instructions from Governor Douglas, drew maps and submitted them to the Department of Lands and Works, the Colonel icily requested him to send them to the Colonial Secretary in future, going on to say that Douglas would in turn direct them to his office.22 Up to that time the Judge had begun his official communications to Moody with the informal and friendly " My dear Colonel" and closed them with "Please remember me to Parsons and the others." Thereafter he wrote with arctic formality. He has left us a glimpse of himself on the road, making observations and recording them with a touch of malicious satisfaction. In a rather personal letter to Young, whom he liked, Begbie wrote:— I have a pocket sextant, w[hi]ch answers very well—my observations at Cayoosh and Lytton agreed with the scientific gentlemen within less than As it is more than likely that he rallied the officers on the accuracy of their calculations, one can understand the feelings of Lieutenant H. S. Palmer, R.E., one of the "scientific gentlemen," when he wrote to Moody from his camp in the Cariboo:— He has no right to be mapping when there are R.E.'s in the country.24 (21) Begbie to Moody, March 17, 1859, Begbie Letters, MS., Archives of B.C. (22) Moody to Begbie, December 31, 1861, Letterbook, Archives of B.C. (23) Begbie to Young, August 26, 1861, Begbie Letters, MS., Archives of B.C. Prior to his appointment as Colonial Secretary, W. A. G. Young had served on the Boundary Commission. In his confidential report to the -Colonial Office, Douglas praised Young as highly as he did Begbie. See Sage, op. tit, p. 302. (24) Palmer to Moody, August 17,1862, Palmer Letters, MS., Archives of B.C. 124 Sydney G. Pettit. April Palmer was eager to put the " Arch Enemy," as he called him, out of business, for ten days later he wrote:— I trust to be able on my return to sketch for you a really fair map of the Cariboo district, a map that will be of value to miners & others, & thus Messrs. Begbie, Epner & Co. will, I sincerely hope, be " played out."26 Judge Begbie performed these services while riding circuit. In the early days it was his custom to spend considerable time in the various centres. As a rule court business consumed only a part of the time at his disposal, the rest of which he devoted to the special tasks that Governor Douglas asked him to perform.26 He became a familiar figure in the settlements and on the trails of the Interior, talking to all, seeing all, and remembering all. When a shooting affray occurred and there were no constables near by, the miners seized the guilty parties and held them, knowing that Judge Begbie would ride in hot haste to the spot.27 His presence in the country became a guarantee of law and order, as Lytton had foreseen. He was not unlike the itinerant justices of Henry I.'s and II.'s day, carrying the royal writ to the remote ends of the domain. In addition to court duties and the special services mentioned above, Judge Begbie was also busy in establishing the civil and criminal judiciary. Prior to his inauguration as governor, Douglas had appointed magistrates, justices of the peace, police officers, and a collector of customs. He had, indeed, actually established a rude court of law at Hope to try William King for the murder of William Eaton.28 Whether or not this act, generally conceded to be illegal, was validated by the proclamation of November 19 is a fine point of law.29 His appointments, however, were validated, and it remained for him, with the assistance of Judge Begbie, to round out the work he had started in (25) Palmer to Moody, August 27, 1862, ibid. (26) He was gradually relieved of these responsibilities as more officials were appointed. (27) " Speedy Trial of Prisoners Act," April 23,1860, British Columbia Ordinances and Proclamations, 1860. This enabled Begbie to hold court on the spot and without delay for commission. He sometimes conducted such (28) Douglas to Lytton, October 12, 1858, British Columbia Papers, Part II., p. 4. (29) Sage, op. tit, p. 228. 1947 Judge Begbe; in Action. 125 the spring and summer of 1858. Douglas had already sent Lytton a plan for a judiciary which had been drawn up by George Pearkes, Crown solicitor of Vancouver Island.80 Lytton approved the plan, but suggested that it should be submitted to Judge Begbie on his arrival and that he should consider its efficacy in the light of local conditions.31 The Pearkes plan made provision for a Supreme Court under a chief justice and two puisne judges. Judge Begbie, however, had been commissioned as a puisne judge with the understanding that he would later be elevated to the chief justiceship, the promotion to be governed not only by the nature of the services rendered but also by the conditions prevailing in the colony.32 Chiefly for financial reasons and partly because Judge Begbie objected, the authorities never appointed additional puisne judges to the Supreme Court during the colonial period. This meant that there was never, before 1871, a Court of Appeal nearer than London—a fact that caused increasing dissatisfaction as time went on. In addition to the Supreme Court, there were also the County Courts for petty cases and the Gold Commissioner's Court, the latter being a special innovation arising from local conditions. Magistrates presided in County Court and came to enjoy the title of " Judge," a purely courtesy title and one not to be confused with the rank of a puisne judge. It is thus that Peter O'Reilly and other magistrates are referred to to-day as judges. In a similar manner gold commissioners are given the same title. From the point of view of the importance of the work they did and the scope of their jurisdiction, the latter enjoyed and deserved a great deal of prestige. Some of them served in the capacity of magistrate as well as that of gold commissioner, and this, in its turn, led to an even wider confusion of terms, since either a magistrate or a gold commissioner came to be referred to by all three titles—judge, magistrate, and gold commissioner. (30) Douglas to Lytton, October 26, 1858, British Columbia Papers, Part II., p. 8. (31) Lytton to Douglas, December 30, 1858, ibid., p. 74. (32) Begbie to Seymour, March 11, 1865, and April 11, 1865, Begbie Letters, MS., Archives of B.C. 126 Sydney G. Pettit. April Another detail that sometimes leads to a little confusion is the fact that there was actually only one commissioner, the rest being known technically as assistant commissioners. The commissioner had charge of, and was responsible for, all mining matters. He supervised the assistants in their various districts and had the power, subject to the Governor's consent, to employ or discharge these men. All mining cases were heard in the Gold Commissioner's Court, whence appeal could be made to the Supreme Court. Ancillary to the gold commissioner and his court was the Mining Board, a body of miners appointed by the local commissioner. Its relation and function was not unlike that of the Grand Jury. The members reported all grievances and needs, providing the raw material out of which mining legislation was finally made. These bodies were established in 1862, ceased to function in 1864 and came to life again in 1866., Their usefulness was seriously limited by the fact that too many parties were involved in the framing of mining laws. The miners, who knew little of the law, submitted their views to lawyers, who knew little about mining. To make matters worse, the miners made their recommendations in the distant Interior, while the Governor,. Attorney-General, and the other officials came to their decisions at the Coast. There was no adequate liaison between the two bodies because the gold commissioners were overburdened with work and could not make the long journey from the mines when required to do so. The machinery for settling miners' disputes had similar flaws, attributable to human frailties that could not be foreseen nor subsequently overcome by remedial legislation. Many of the disputes arose from what is known technically as "unlawful encroachment," or, in the language of the mining camps, " claim- jumping." In such cases there was almost invariably an appeal from the decision of the Gold Commissioner's Court. If the injured party, the plaintiff, lost the case, he naturally sought justice by appeal in the Supreme Court. If the plaintiff won, the defendant was frequently willing to fight the case again in the higher court, because Judge Begbie's decisions and conduct of mining litigation were so unusual that men were willing to take very good odds that the decision against them would either 1947 Judge Begbh? in Action. 127 be modified or reversed. This, of course, resulted in long and ruinous cases that became so numerous that injured parties began to wonder whether or not it would be cheaper to cut their losses from the " jump " by staying out of court. Another evil arising from such cases, but one for which the Judge was not greatly responsible, was the use of injunctions. When a suit was filed, the counsel for plaintiff secured an order from the court forbidding operations of any kind on the disputed ground. This order, or injunction, literally locked up the claim until the end of the case. As Judge Begbie had an immense circuit and an increasing number of cases to hear each year, rich claims were sometimes frozen for an entire season. It was, furthermore, not an uncommon occurrence that, after difficulties in the Supreme Court, a case would be taken into Chancery. This meant another delay, with the injunction still in force. • With the exception of the trouble that occurred at Lillooet over the arrest of the Cranford brothers, the County Courts were comparatively free of strife and confusion.88 Magistrates Per- rier and Whannell were fatuous, and Whannell, indeed, was an out-and-out rogue.84 They were soon discharged, however, and the rest of the magistracy established a record for industry and efficiency. Thomas Elwyn, who had invested money in a valuable claim, resigned as soon as Governor Douglas made it clear that he could not permit responsible Government servants to have any part in such activities.86 He had proved himself an able man, and it was to be regretted that the Government did not pay him sufficient to keep him in the service. Most of the magistrates were recruited from the upper middle class in the British Isles and had come to the colony not so much to make a quick fortune as to make a career and a home for themselves in the new world. Judge Begbie, who was both loyal and generous to his colleagues, paid them a well-earned tribute in his illuminating report to Young in January, 1863:— (33) Wright vs. Cranford. This case was heard at Lillooet in the Supreme Court before Judge Begbie, October 15-16,1862. Magistrate Elliott made serious errors in issuing warrants for the arrest of the Cranfords. (34) Sir Henry Barkley, Governor of Victoria, Australia, to Douglas, May 31, 1859, with enclosures, MS., Archives of B.C. (35) Elwyn to Young, December 9, 1862, Elwyn Letters, MS., Archives of B.C. 128 Sydney G. Pettit. April ... I think His Excellency & the public have every reason to be satisfied with the services rendered. Those services could not be rendered without a degree of exertion and personal hardships undergone, w[hi]ch .perhaps a bare sense of simple duty wo[ul]d not always require, and w[hi]ch, certainly are not elicited by any extraordinary remuneration or immediate reward: and w[hi]ch can therefore only be attributed to an anxious desire in every officer to do his very utmost in his own department, to the sacrifice of his ease and comfort & very often of his health.36 There were never more than seven of these local magistrates in the colony, and when it is remembered that most of them served as assistant gold commissioners as well, the truth of Judge Begbie's statement that they were inspired by a high sense of duty becomes very apparent. The magistrates were supported by a regular police force of fifteen constables under Chief Inspector Chartres Brew, a ludicrously small number in view of the size of the territory and the nature of the population. It was, of course, extremely difficult to obtain suitable men, particularly in the first two or three years of the gold fever. The salaries were pitifully small and could not compete with the lure of the mines. In the report cited above, Judge Begbie made strong representations to Secretary Young to urge the necessity for higher wages. It gives a vivid picture of living conditions in Cariboo at that time. He described the rate of pay as " inexplicably inadequate " and went on to show that a constable's pay of £25 a month scarcely sufficed to keep body and soul together. Up to September, 1862, meals had cost 10 shillings, but after that they had been reduced to 8 shillings. This meant that to eat three meals a day at the first rate would cost £45 a month, and at the second £36 a month. Boarding-houses, those offering the cheapest rates, charged about £24 a month. At the reduced prices the salary thus provided little more than subsistence. As Begbie wrote:— The pay of a constable is £25 a month—not enough therefore to provide him with two meals a day, without allowing anything for clothes (w[hi]ch I need not remark are extremely expensive and rapidly worn out) tobacco, an occasional stimulant or any of the other extras w[hi]ch a rough mountain life justifies and almost demands.37 (36) Begbie to Young, no date but received January 19, 1863, Begbie Letters, MS., Archives of B.C. (37) Ibid. 1947 Judge E e in Action. 129 In spite of the poor wage offered for what the Judge called the "most thankless duties involving great personal fatigue, exposure and responsibility," Chief Inspector Brew managed to build up a force of efficient constables. These were drawn from the ranks of a certain class of Englishman who, like the magistrates, had come in quest of a career and a home. Judge Begbie describes them as men:— . . . who have hitherto filled superior stations in life: some of them having even held field officers commissions in Her Majesty's Army—and most of them are provided with some small means of their own.33 It was well for the constables that they had some means of their own, for Judge Begbie's kind words gained them little more than official appreciation. On the occasions that called for a larger number of police than were available, special constables were sworn in for a period of days or weeks, as conditions might require. Ned McGowan's posse of roughnecks who carried off the indignant Whannell were special constables—officially. In the Grouse Creek affair the Gold Commissioner enrolled about twenty or thirty volunteers. In Begbie's opinion, specials were rarely as efficient as the regulars because of a lack of knowledge and experience. They were, however, paid nearly twice as much.89 One of the greatest difficulties and perhaps one of the greatest dangers of the day was the transportation of dust and nuggets to the coast. In 1861 Governor Douglas, with the assistance of Captain Gossett, established the Gold Escort. This imposing and romantic body was composed of Royal Engineers, fully armed and mounted, under the command of Thomas Elwyn, who later became a magistrate and assistant gold commissioner. Elwyn offered his personal guarantee for the safety of the precious cargo, but when the Government would not give similar assurances of safe delivery, miners began to manifest greater reliance in the private concerns that took up the work. The Indians gave little trouble after the summer of 1858, when Douglas' prompt action and just measures prevented serious disorder. In most cases individual Indian troubles arose from consumption of liquor and when white men became involved Mi 130 Sydney G. Pettit. April with Indian women. As early as 1861 Indian constables were employed with jurisdiction over Indian affairs. These men, when carefully selected, acquitted themselves well, showing great pride in their office, which was designated by a baton. When four Haidas were murdered by a group of Chemainus Indians, native constables from Nanaimo arrested the murderers in the face "of the whole Chemainus tribe and conducted them to Nanaimo to stand trial. In 1863, when Indian trouble broke out on the Gulf Islands, native constables were sent to apprehend the wrong-doers, who would, no doubt, have escaped had it not been for the skill and courage of the Indian officers. It seems that the authorities encouraged the natives by giving them small rewards for good service. Judge Begbie, who was generally very well disposed to Indians and inclined to be lenient with them in court, favoured cash rewards. Of one constable he wrote :— The native special displayed so much tact & perseverance that I ordered him a special reward of $10—as it is very useful to encourage this descrip- While the Judge does not seem to have exerted much more than a friendly influence in matters concerning the magistracy and the police of the colony, he played an important part, which has been severely criticized, in the formation of the British Columbia Bar. His acceptance of some lawyers and rejection of others led finally to a storm of protest in the British Columbian, and finally to petitions to Governor Douglas and the Duke of Newcastle, Secretary of State for the Colonies. Throughout the controversy Begbie never deigned to acknowledge public criticism, and all his letters to the Governor were written with proper judicial detachment. Yet there were personal feelings and prejudices involved, for the issue came to a climax when he refused to admit George A. Walkem, an ambitious lawyer from Upper Canada with whom he had had a violent quarrel in the Cranford (40) Begbie to H. M. Ball (Acting Colonial Secretary), September 3, 1863, Begbie Letters, MS., Archives of B.C. (41) At Lillooet on October 15,1862, in Wright vs. Cranford. George A. Walkem was born in Ireland, but came to Canada at the age of nine. He was educated in Quebec and qualified to practise in both Upper and Lower Canada. It is generally believed that standards were high in Upper Canada and that Walkem was an able lawyer. When refused admittance by Judge 1947 Judge B e in Action. 131 The British Columbia Act of August 2, 1858, made only general provisions for the judiciary. There were no special enactments as there had been in the case of Vancouver Island in 1849. Governor Douglas and Judge Begbie were thus to some extent free to adopt any line of action that circumstances of a local nature seemed to require. It soon became necessary for the Judge to submit for the Governor's approval some definite provisions for the employment of counsel and attorneys in the courts of the colony. Writing to Douglas on December 15,1858, he pointed out that absence of counsel made it necessary for him to act as adviser as well as judge, and that such circumstances made him despair of giving satisfaction to the suitors and of maintaining the desirable high character of a British court of law. There were, he went on, persons giving advice sub rosa, a situation which he considered harmful, and which could be brought to an end by calling properly licensed practitioners into existence.42 The problem was to decide what regulations should be made to obtain immediately the best available talent. There is no doubt that Judge Begbie's preference was for English barristers, but as there were none in the colony at the time, he was compelled to make a temporary arrangement. In the letter mentioned above he wrote:— Now here, there being no English barristers or attornies [sic], it seems expedient to take the best that can be got. . . ,43 He accordingly drew up an Order of Court on December 27, 1858, which made provision for temporary and permanent rolls. Permanent enrolment was open to barristers, attorneys, and solicitors who were entitled to practise at the Bar in England, Scotland, or Ireland, and to those who should be instructed in British Columbia and Vancouver Island. Temporary licence would be granted for a period of six months after the Order of Court to those qualified to practise in any part of the British Begbie, Walkem rode circuit, giving advice sub rosa, as the Judge said, and conducting cases from the public benches. This practice led to an undignified scene in the Lillooet court. (42) Begbie to Douglas, December 15,1868, Begbie Letters, MS., Archives of B.C. (43) Ibid. 132 Sydney G. Pettit. April Empire outside the United Kingdom and to barristers qualified to plead in the Supreme Court of the United States. To the Judge's consternation, barristers could not be found who were qualified to avail themselves of either the temporary or permanent rolls. The provision for temporary enrolment expired on June 30, 1859, and was not renewed. Nearly three years later, on December 13, 1861, he wrote to James Douglas to inform him that apart from the Attorney-General there was only one barrister qualified to practise in the colony. Begbie made it clear that he had no desire to change the existing rule—that only barristers from the British Isles could practise — and expressed the hope that "... a sufficient number of duly educated practitioners may arrive from the mother country." He had, no doubt, been prejudiced, or had his prejudices strengthened, by the unqualified practitioners who were now beginning to haunt the courts as he rode circuit. Most of these men were from Upper Canada, where, ironically enough, they had not made a footing in their chosen profession and, like Judge Begbie himself, had come to British Columbia to make a new start. As a rule they did not succeed in disposing him very favourably to candidates from that distant colony unless they were men of marked ability and integrity. A Canadian who did win the Judge's approval was a Mr. Barnston, an Upper Canadian barrister who had come to British Columbia in 1858. He practised at first on a temporary roll and was later given permanent status. This occurred in June, 1860, when the absence of qualified counsel was beginning to be felt acutely. But even then Judge Begbie made it clear that while there was no power to control him in making this decision, he would not do so without the approval of the Governor.44 Although Barnston proved himself to be a man of integrity and tolerable ability, his admittance led to the uproar over George A. Walkem. By the end of 1862 a number of barristers from the British Isles had been admitted and the litigants in the colony were able to obtain counsel. There were also a number of Canadians who wished to be enrolled but were, under the Order of Court of December 27, 1858, not eligible. Thus, when, on September 30, 1862, Governor Douglas forwarded Walkem's 1947 Judge Begbee in Action. 133 petition, Judge Begbie was able to state that it was not within his power to comply with the prayer of Mr. Walkem. He pointed out that the temporary roll for those barristers who were not qualified to practise at the English Bar had expired on June 30, 1859, and that the present rules for admission, which had been sanctioned by the Governor and the Secretary of State for the Colonies, bound his hands "almost as effectually as if they had been originally issued as instructions for my conduct by Her Majesty in Council." Remembering Barnston, the Judge continued:— Canada resident in these Colonies since 1858. But that case was immediately communicated to His Excellency together with a statement of its There was at that time only one Gentleman practising in the Colony which caused a necessary and most marked inequality in all cases and suits where one side and only one side could obtain any legal opinion or assistance there was positively a greater amount of apparent unfairness than where no professional assistance whatever could be obtained by either side. I therefore, in view of the public convenience to which alone all regulations on such a subject are to be referred, admitted Mr. Barnston to practise on a temporary roll, immediately announcing to His Excellency the fact of such temporary admission and also Mr. Barnston's application to be fully admitted. Upon this latter application all action was deferred for some months. At the end of this time in the absence of all objection and Mr. Barnston having shown at least a tolerable acquaintance with the duties of his profession and there being still only one Barrister resident in the Colony he was enrolled as an ordinary Barrister. But I felt that even under such circumstances every apology and explanation were imperatively required from me for departing from the rules which I had voluntarily undertaken to observe—a departure which in my opinion nothing but an urgent necessity could excuse. At the present day however no such urgent necessity appears to exist. There have been during the present Assizes here no less than six gentlemen in Court every day, and two others have transacted business here during the past week, all entitled to conduct legal proceedings, three of these habitually reside in this Colony and go the circuits. Litigation is I am happy to say not so rife as to be beyond the Physical capacity of these gentlemen to conduct but rather the contrary.46 Such was Judge Begbie's very able explanation why he had enrolled one Canadian barrister and refused to do the same for (45) Begbie to Young. November 29,1862, ibid. 134 Sydney G. Pettit. April another. In closing, he made two revealing remarks. He states, as if to underline the fact that admission of Canadians was no longer necessary, that more English barristers were about to set up in practice. Significant of his opinion of Walkem are the last two paragraphs:— I make no allusions whatever to the character or moral qualifications of any of the present applicants as I conceive the question to be definitely settled, so far as I am concerned on the above general considerations. I have only to suggest that strict inquiry should in all cases of course be made as to the antecedents of all Gentlemen admitted to practise, under any His dislike of Walkem was well known after the Cranford case, and it was also well known that he looked with great disfavour on some of Walkem's convivial habits. Although the latter seems to have enjoyed a certain amount of popularity, as shown by the fact that a petition was signed on his behalf and sent to the Governor on February 14,1863, there were others who considered him a scoundrel.46 Moberly, for example, in a private letter to Attorney-General Crease, expressed an opinion with which Judge Begbie might have concurred, but would not have committed to the written word:— Do not on any account trust or place the slightest confidence in anything Walkem may say or do—he is a contemptible underhand scoundrel. He'll be a curse in the House—This I will explain to you when I get down, I put you on your guard because he pretends to be my very best friend. Avail yourself of this hint quietly but keep it to yourself.47 Walkem's cause and that of the Canadian barristers was taken up by John Robson in the British Columbian. In a series of outspoken editorials in January and February of 1863 Robson denounced Begbie as a tyrant, an incompetent, and as a man who deliberately excluded Canadian barristers from practice in order that a clique of English lawyers might grow rich at the expense of the public. In the meantime Governor Douglas forwarded the petition and all the correspondence relative to Walkem's application for admittance to the Bar to the Secretary of State for the Colonies, who suggested that it might be as well to admit Mr. Walkem. (46) New Westminster British Columbian, March 4,1863. (47) Moberly to Crease, October 19,1864, Moberly Letters, MS., Archives of B.C. 1947 Judge Begbie in Action. 135 This letter was forwarded to Judge Begbie on April 30, 1863, accompanied by a dispatch from Governor Douglas requesting him to consider the case of Walkem as being similar to that of Barnston in 1861. Begbie, however, would not give in. In a letter to Douglas written in answer to this request, he refused to admit Walkem on the grounds that it was not within his power to do so. He declared that the Secretary of State lacked a proper understanding of the question and, rather than suggesting that Walkem be admitted, was really asking for more information. As for the petition, the Judge went on, with an oblique thrust at Walkem, nothing was easier in the two colonies than to secure the public sympathy for notorious and convicted criminals. With a more direct thrust he pointed out that special legislation should be passed, an undertaking that was the responsibility of the Government and not of the judiciary, especially since admission of this candidate was not acceptable to the members of the Bench and the Bar.48 Douglas, it appears, had made up his mind that Walkem and other Canadian barristers should be admitted, and accordingly requested Judge Begbie to make out an Order of Court permitting lawyers from any part of the Queen's possessions to plead at the British Columbia Bar. On June 18, 1863, the Government of British Columbia passed the Legal Professions Act which, as Judge Begbie suggested in his letter of May 11, was the only means of making admission of Canadians and others who were not qualified to plead at the English Bar admissible in British Columbia.49 The way was now clear for Judge Begbie to enrol any Canadian barristers who made application and could satisfy him that they were properly qualified. Walkem's petition had been in his hands since early October, 1862.60 He was qualified to practise in the courts of both Upper and Lower Canada. Begbie, however, still delayed his admission, and did not enrol him till November 20, five months after the passage of the Act. On that (48) Begbie to Douglas, May li; 1863, Begbie Letters, MS., Archives of B.C. (49) British Columbia Proclamations, 1863, No. 8. (50) Evidently Walkem reapplied after the passage of the Legal Professions Act, for there is an application dated August 3,1863, MS., Archives of B.C. 136 Sydney G. Pettit. April very day he received a communication from the Governor, dated October 1, with enclosures from the Duke of Newcastle, Secretary of State for the Colonies, asking what steps had been taken to admit Mr. Walkem. It is open to question whether Begbie admitted Walkem after reading the enclosures from His Grace. There is no official letter of the Judge's in the Provincial Archives answering the Governor. There is, however, an unfinished and unsigned letter in his handwriting that suggests that he was very angry. Perhaps, if he had enrolled Walkem before reading the enclosures from the Colonial Office, he would not have given indications of bad temper. The fragment reads as follows:— With reference to your despatch of the 1 Octr. with enclosures from His Grace the Duke of Newcastle requesting information as to the steps taken in the matter of the admission of Mr, Geo. A. Walkem to practise in the Supreme Court of British Columbia I have to inform you that Mr. Geo. A. Walkem was this day admitted to practise and duly enrolled accordingly. As His Grace the Duke of Newcastle appears to take a personal interest in this matter and as it may possibly relieve the anxieties of" It seems that the Judge changed his mind just as the tide of his sarcasm began to rise, realizing that he could not go as far as his anger prompted him. Some time later, when Walkem was riding circuit as a fully accredited barrister, Judge Begbie sat watching him from the kitchen window of a friend's house at Yale. To his delight the barrister had great difficulty in mounting his horse, and when finally he did so, he pitched headlong into a thorn bush on the other side. Begbie yelled with delight and rushed out to help his fallen colleague. Wymond Walkem relates in his reminiscences that Judge Begbie had refused to admit his brother from personal pique arising from the Cranford case.62 Walkem, who was not enrolled at the time, had undertaken to take part in the defence of the Cranford brothers at Lillooet. This he was entitled to do, so long as he did not assume the prerogatives of accredited counsel. When the trial opened, he unwisely took his seat in the special place set aside for barristers. Judge Begbie at once ordered him to sit elsewhere. Walkem objected. As the Judge did not permit (51) Draft, Begbie to [Douglas], November 20, 1863,'Begbie Letters, MS., Archives of B.C. The last paragraph of this draft was scored through. (52) W. W. Walkem, Stories of Early British Columbia, Vancouver, 1914, pp. 25-6. 1947 Judge Begbie in Action. 137 people to oppose his will in court, he shouted at Walkem and, of course, a noisy scene ensued. There were, however, factors other than personal dislike involved. By admitting Barnston, Judge Begbie showed that he was not blindly prejudiced against Canadian counsel. He preferred, however, to have English barristers practising at the British Columbia Bar. He seems to have considered them better trained and men of the highest integrity. At that time the peculiar conditions prevailing in the goldfields doubly justified his insistence on the highest professional standards. The miners were litigious by inclination, and their occupation lent itself to dispute. They were thus natural prey for dishonest lawyers who, infesting mining communities, would encourage litigation for the fees they could get out of it, some of them going so far as to conspire to bring action on false charges, with a view to sharing the proceeds in the event of winning the case. Technically known as champerty, this practice would have eaten into the prosperity of the community and dragged the courts into the gutter. Fearing this in particular and low standards in general, Judge Begbie, an abstemious and upright man, could not look favourably on a tosspot from Upper Canada or anywhere else. Like those of most people, his judgments were compounded of prejudices, guesses, and a measure of common sense. The bulk of Judge Begbie's correspondence is concerned with the various problems described above. It is thus the only existing record of his service to British Columbia in laying down the structure of the law. His dispatches do not give a complete account of this important work because so much policy was discussed and determined in consultation with the Governor and his officials. In the same manner the Judge kept in touch with the magistrates, gold commissioners, and police as he rode through the country. He heard their complaints, considered their problems, and carried their suggestions to the Government. In a special sense he was the government on horseback, for he represented both the legislative and executive branches of the administration. His other great contribution to British Columbia and, indeed) to the Dominion was the part he played in preserving law and order. Unfortunately, his achievements in this regard have it Sydney G. Pettit. April passed into legend, with the result that posterity pictures him as a ruthless man who, by a long series of hangings, cowed the entire mining population into submission to the British flag. Such a portrait is distorted. He sentenced very few men to death and was distinctly paternal in his attitude to the law- abiding majority of the population. There were, however, gunmen and rowdies in the country who might very well have turned the colony upside down had they been permitted to disregard the law. Disorder begets anarchy, and when anarchy prevails, the peaceful citizens seek aid wherever it can be obtained. As the bulk of the miners were American, the necessary aid would have been forthcoming with the inevitable results already described. Such a calamity did not come to pass because Governor Douglas and Judge Begbie succeeded in establishing the law and preserving order. With Douglas to support him and a small armed force at his call, the Judge established a respect for law that won him the praise of his worst enemies. Judge Begbie had not been in the colony three months before an event occurred which, though trivial in itself, was to put the forces of law and order to a test and reveal the conditions with which the authorities had to deal.68 Early in January, 1850, news came to Colonel Moody at Derby, and later to Governor Douglas at Victoria, that a very serious outbreak of disorder had taken place at Yale. Without waiting for instructions from the Governor, Moody set out for Yale with Captain Grant and a company of twenty sappers. In the meantime Douglas had received an extraordinary letter from Captain Whannell, the magistrate at Yale, who declared that he had been set upon by a band of armed ruffians under the leadership of the notorious Ned McGowan. These men, he continued, had entered his court during session, seized him along with his jailer and two prisoners, and carried them off to Hill's Bar. In conclusion, he wrote:— (53) For an illuminating account of the central figure, Ned McGowan, see F. W. Howay, The Early History of the Fraser River Mines, Victoria, 1926, pp. xiv.-xvi. This volume contains most of the source material dealing with the event and the period. For a general account of the " war " see F. W. Howay, W. N. Sage, and H. F. Angus, British Columbia and the United States, the North Pacific Slope from Fur Trade to Aviation, Toronto, 1942, pp. 161-3. 1947 Judge Begbie in Action. 139 This town and district are in a state bordering on anarchy; my own and the lives of the citizens are in imminent peril ... An effective blow must at once be struck on the operations of these outlaws, else I tremble for the welfare of this Colony.64 Douglas feared an outbreak of the kind described by Whannell as much as anything that could befall the colony. He remembered McGowan's arrival in Victoria seven months before at the head of a gang of American adventurers, many of whom had taken part in Walker's raid on Nicaragua. McGowan, whom everybody knew to be wanted by the vigilantes of San Francisco, had fired a salvo of guns as his ship entered the harbour. The Governor thus saw, in what he believed to be an insurrection led by this man, a challenge to British authority which, if not answered, might mean the end of the colony. Governor Douglas at once secured aid from the Boundary Commission and from H.M.S. Satellite. This force, consisting of a hundred marines and bluejackets, was dispatched to Langley, whence it was to proceed up-river on orders from Colonel Moody. Lieutenant Mayne, who had been sent in advance by canoe, caught up with Moody at Hope, where he was about to embark with Judge Begbie for Yale. The three arrived on a Saturday, to find no signs of disorder or of an insurrection. On the following day Colonel Moody held divine service in the court-house for a large congregation of miners. The events that had led to the dispatch of a hundred sailors and marines proved to be nothing more dangerous than a clash between two fatuous magistrates. On Christmas Day, 1858, a Hill's Bar miner had assaulted a negro named Dickson. The miner, a man named Farrel, fled with an accomplice to Hill's Bar. Magistrate Whannell of Yale issued a warrant for their arrest and sent it to Magistrate Perrier of Hill's Bar, requesting him to seize the men and send them to him to stand trial. Perrier, who had heard Farrel's story, refused to do so. Instead, he issued a warrant for the unfortunate negro—whom the zealous Whannell had clapped in jail pending the trial of Farrel—and sent Constable Hickson down to Yale to arrest him. Hickson, it appears, was overbearing, and so enraged the sensitive magistrate of Yale that he imprisoned him for contempt of court. (54) F. W. Howay, The Early History of the Fraser River Mines, p. 67. 140 Sydney G. Pettit. April Perrier was also sensitive about the honour of his court and, regarding the arrest of his constable as an act in contempt, sent a posse of men to rescue Hickson and to arrest his brother magistrate, the jailer, and the negro. In charge of the posse was Ned McGowan. Though armed, Whannell was obliged to give in to superior numbers. He was arraigned before Perrier and fined $50 for contempt of court. While these serio-comic events were taking place, the miners of Yale and Hill's Bar began to hold indignation meetings to champion the cause of their respective magistrates. It is not unreasonable to assume that a violent outbreak might have taken place had it not been for the rapid intervention of the authorities. The Yale miners were the adherents of the San Francisco Vigilance Committee, while those at Hill's Bar had been partisans of the Law and Order faction, really an aggregation of the lawless element. Judge Begbie said of them with truth that the lives of their leaders would not be worth " an hour's purchase in any street in San Francisco."66 These men naturally regarded the miners of Yale as dangerous enemies and were likely to shoot it out with them at the least provocation. The danger of this latent antagonism became clear when Judge Begbie suspended the Hill's Bar magistrate, Perrier, from the rolls. Shortly after hearing this, McGowan happened to meet Dr. Fifer, a former member of the Vigilance Committee. Words ensued, and McGowan attacked the doctor on the street, a few yards from the place where Moody and Begbie were quartered. Colonel Moody was alarmed. He at once sent orders to the Royal Engineers to march from Hope to Yale, and to the marines and sailors to proceed from Langley. By the next morning the Engineers had reached Yale. Deeming this show of force sufficient, Moody sent word that only the marines need continue on their way. McGowan, who had never encountered anything like this before, surrendered himself, apologized to Moody, and paid a fine imposed by Judge Begbie. Ned McGowan's War, as the incidents described above have come to be known in the history of British Columbia, thus ended peacefully enough. As a fitting a Douglas, Februa J, Begbie Letters, MS., Archivi 1947 Judge Begbie in Action. 141 Gilbertian finale, Ned and his friends, entertained the various officers and officials at a luncheon. With the passage of time, however, the events just described have become significant for the student of the period. Viewed in retrospect, they afford an answer to many of the basic questions concerning the preservation of law and order. It is clear from the first that Governor Douglas was keenly aware of the larger issues involved, and that he was willing and able to use armed force and to go to any expense to make the Queen's law supreme.66 The Royal Engineers, who left the colony in 1863, were always at Judge Begbie's back, as it were, during the critical period. After their departure it was a continued source of strength that naval forces could be marched into the Interior in the event of trouble. It is sometimes argued that the nature of the country lent itself as a deterrent to crime. The criminal, it is said, had only one place of egress, and that was through the mouth of the Fraser, where Inspector Brew and his constables kept an eye open for such men.57 What criminal in the Interior could hope to make his way through the wilderness without succumbing to violence or starvation? This is an attractive theory, but one not borne out by the experience of Judge Begbie, who considered escape easy and that the country lent itself to crime for that reason.68 Whatever the role of geography, it is clear that the chief factor in the maintenance of law, as the affair at Yale shows, was the desire and will for order that animated Governor Douglas and his officials, and the armed power they had at their disposal in the event of trouble too serious for the gallant but pitifully small police force. The McGowan incident thus forms the basis of an interesting comparison of conditions in British and American territory. Most of the miners in British Columbia were Americans, and- nearly all of them came from the goldfields of California. They belonged to the same mining frontier, and so no distinction can be (56) New Westminster British Columbian, June 27,1861. This account contains an excerpt from Harper's Magazine for May of the same year stating that Captain Wright of the Enterprise charged six or seven thousand dollars for transporting troops to Yale. (57) Howay, Sage, and Angus, op. tit, p. 175. (58) Begbie to Douglas, November 30,1861, Begbie Letters, MS., Archives of B.C 142 Sydney G. Pettit. April made between the groups, north and south of the Border in terms of social and cultural differences. The majority of the men in the American West cherished law and order as much as their compatriots who had pushed north into British Columbia. Yet, in the United States, lawlessness was the common order, and the mining areas were torn with feud and faction. Good and bad elements struggled for control, which for various reasons the State and Federal authorities had failed to maintain. Similar tendencies emerged briefly at Yale and Hill's Bar. The local authorities, Perrier and Whannell, proved to be insufficient for the offices they held. As in the United States when authority proved weak, a lawless faction began to assert itself, to be opposed by another, which, in the name of law and order, was ready to embroil the community in what amounted to little better than gang warfare. But unlike the authorities in the United States, those in British Columbia were willing and able to suppress Law and Order and Vigilance Committees alike, whether they appeared at Yale and Hill's Bar or anywhere else. Nor could there be found in the American West a body of local magistrates and police so resolute and so devoted to duty as those in British Columbia.69 As for Judge Begbie, he was the personification of the Queen's authority, the strong arm of a well- constituted government and judiciary which, autocratic as it was, served to keep the colony British when it might easily have become American. He rode up and down the country, year by year, holding court and attending to government business. It was he with whom the American miners first came in contact. In criminal matters they found him fearless, just, and, on the whole, merciful. While it is true that he failed to establish a record for impartiality and sound judgment in the civil courts, it is not possible to find a word of adverse criticism of his criminal trials. His methods were rough and ready, but they never put the accused at an unfair disadvantage. Wherever he held court, whether it was in' the official court-house, in a barn, or astride his horse in the open air, he managed to create the atmosphere of an English court of law. He carried his robes with him and was always clad (59) W. J. Trimble, The Mining Advance into the Inland Empire, Madi- 1947 Judge B e in Action. appropriately to the court over which he happened to preside. In murder trials he always endeavoured to have a chaplain in attendance. In the early days desperados sometimes sent him letters threatening his life should he pass sentence on one of their friends. On some occasions he read these communications to the assembled court and invited the sender to proceed with the assassination. It is related that once, while seated on the upper floor of an hotel veranda, he overheard a group of ruffians laying plans to shoot him as he rode out of town. After listening for some time, he went to his room and returned with a pail of dirty water which he emptied over their heads to show his contempt for them.60 He had not ridden circuit many times before the news spread through the country that Governor Douglas' Judge had an iron hand. Law-breakers learned to expect a stiff sentence if apprehended. Many of them sustained a shock when he added a flogging to the penalty. Begbie believed that the judicious use of the whip was efficacious in the case of habitual criminals because it deterred some and induced others to leave the country. Shortly after the McGowan incident he expressed his views on the matter to Governor Douglas:— He [Mr. Brew] objects very much to flogging. My idea is that if a man insists upon behaving like a brute, after fair warning, & won't quit the Colony; treat him like a brute & flog him." The spring assizes at Hope and Yale in 1861 saw some sharp sentences for theft. A John Burke appeared on a charge of stealing two pairs of blankets. When found guilty, Judge Begbie sentenced him to nine months with hard labour. Two Chinese, who were found guilty of stealing a pistol, were given two years with hard labour. It is not surprising that prisoners awaiting trial grew apprehensive as the assizes drew near. A number of criminals, after a winter in Lillooet jail at government expense, broke out and fled the country when they heard of his approach (60) A. E. Beck, " Sir Matthew Begbie, Terror of Lawbreakers of B.C. Fifty Years Ago," Vancouver Province, July 5, 1925, magazine section; reprinted in British Columbia Historical Quarterly, V. (1941), pp. 131-4. (61) Begbie to Douglas, March 23, 1859, Begbie Letters, MS., Archives of B.C. m 144 Sydney G. Pettit. April in the spring. They knew they were guilty and they knew what to expect.62 Contrary to popular belief, he was more inclined to leniency than severity when on those rare occasions it was his duty to pass sentence on a prisoner for murder. He had a horror of taking human life, and the prospect of condemning a fellow being to death touched his conscience deeply. His habit of having a chaplain in court was not prompted by a love of pomp. He was the kind of man who felt the need of spiritual support in such a situation almost as much as the prisoner. In more than one case he passed sentence of death and subsequently expressed approval of commutation. After sentencing the Indian Quahook, he wrote to the Governor suggesting that he modify the punishment:— ... the Indians & the murdered man had been getting drunk together; and ... in this there was some misunderstanding about a female. I am quite aware that if 2 men engage in a burglary or any other crime, & one kill the other, even by accident, it is murder: but surely, when it is the seducer and the far more guilty party (as to the original crime) who is killed it wo[ul]d not be irrational to modify the punishment of the murderer.63 On another occasion, when he had sentenced an Indian to death for murder, Magistrate Ball interceded on his behalf, stating that the prisoner had saved a white man's life some three years before. Governor Douglas granted a reprieve and the prisoner was held in jail at Lytton. Begbie wrote to the Governor asking for commutation on purely humanitarian grounds:— I am not at all convinced that his execution is necessary, although I am sure that it wo[ul]d have been just, but after so long a reprieve I cannot but think that the sentence ought to be commuted to penal servitude for a term of years. It is scarcely right to keep a poor fellow on the tenterhooks for so long & hang him at last.64 Unfortunately his addresses to juries, sometimes uttered in righteous indignation, gave him a reputation for a love of imposing the supreme penalty. In those days the jurors were frequently Americans, many of whom were as lawless as the (62) Begbie to Young, June 24, 1862, ibid. (63) Begbie to Douglas, April 7, 1860, enclosure, ibid. (64) Begbie to Douglas, April 20*, 1861, ibid. accused.66 To Begbie's indignation they sometimes brought in verdicts of not guilty or manslaughter when the evidence pointed very clearly to premeditated murder. On such occasions he denounced the jury and the accused in the hottest language, sometimes expressing regret that he could not hang the lot of them. When the gunman, Gilchrist, was proved beyond shadow of doubt to be guilty of deliberate murder, his compatriots found a verdict of manslaughter. The Judge is reported by Wymond Walkem to have addressed them thus:— " Prisoner: it is far from a pleasant duty for me to have to sentence you only to imprisonment for life. . , . Your crime was unmitigated, diabolical murder. You deserve to be hanged! Had the jury performed their duty I might now have the painful satisfaction of condemning you to death, and you, gentlemen of the jury, you are a pack of Dalles horse thieves, and permit me to say, it would give me great pleasure to see you hanged, each and every one of you, for declaring a murderer guilty only of manslaughter."66 This case is now famous, and though everybody is agreed that Gilchrist deserved to be hanged and that Judge Begbie was justified in making his blistering address, his remarks have given the lasting impression that he would hang prisoners very gladly and without any consideration of mitigating circumstances, as the jury claimed there were in the case of Gilchrist. Yet the truth is that the Judge was satisfied with their verdict and perhaps glad that he did not have to impose the death sentence. In his account of the trial to Douglas he wrote:— This wo[ul]d have been of course " death by misadventure " in California— in England, Gilchrist wo[ul]d probably have been hung—in British Columbia it is not perhaps an altogether unsatisfactory result that Gilchrist was convicted of manslaughter & sentenced to penal servitude for life, while his " friends " (who are well known to the police, and to me) have left the Colony and are not, I think, likely to return.67 (65) In the early days there were seldom enough British subjects to constitute a jury. It is believed that the Judge swore in Americans on such occasions without asking too many questions. The practice was legalized by the Jurors Act, 1860, see British Columbia Ordinances and Proclama- (66) Walkem, op. tit, p. 28. ! (67) Begbie to Young, January, 1863, Begbie Letters, MS., Archives of B.C. 146 Sydney G. Pettit. April Perhaps the secret of his achievement in maintaining order is to be explained by the fact that the criminal's friends left the country. They believed Begbie was a " hanging judge." There was, indeed, a remarkable absence of crime throughout the colonial period. Year by year Judge Begbie was able to report that the amount of crime in British Columbia was very small in proportion to the population. He modestly gave the credit to the others and never, by any means, made reference to his own part in the achievement. In his first official communication on crime he wrote:— There have been but 3 murders committed since I first began to hold courts in British Columbia. They were, all committed by Indians: in every case, the Indians were drunk. . . .68 Some nineteen months later good order continued to prevail. In a long dispatch which accompanied calendars of the courts held since the previous June, the Judge expressed his satisfaction with the state of affairs and went on to give his reasons for the continued state of good order. As this is the only communication in which he wrote at any great length on the matter, it deserves careful attention:— It is a continued subject of thankfulness that the amount of crime still remains very small in comparison with what might have been anticipated from the amount of population, the extent and difficulty of the country over which the population is scattered, the habits naturally induced by the unsettled and exciting life of a miner, and from the impunity which criminals might hope for, looking to the state of communications and the nature of the country generally, the proximity of a long open Frontier accessible by unfrequented passes and the necessarily distant and scanty Police Force. It is clear however that the inhabitants almost universally, respect, and obey the laws, and voluntarily prefer good order and peaceful industry, to the violence and bloodshed to which other Gold mining regions have been subjected: and with such dispositions the police force scanty and scattered as it is, appears to have been hitherto sufficient not only to restrain from crime those who might otherwise have committed deeds of violence, but in general to bring to justice the few persons who have been actually guilty. The exceptions where criminals have evaded Justice during the past year, are I think only 3 in number, one accused of murder which from what I have learnt, would probably amount to no more than manslaughter, another for shooting with intent to murder; the third for larceny. (68) Begbie to Douglas, April 7, 1860, enclosure, ibid. 1947 Judge Begbh? in Action. 147 In these three cases, too, the result proves the general apprehension of criminals, that the officers of Justice are not to be trifled with, for there is hardly a doubt but that all these 3 persons quitted the Colony with such speed that pursuit was useless, and the community here are not likely to be troubled with them again. . . . I am happy to say that the criminal records of the past year do not appear to contain any other particular which calls for especial remark.69 ' Fourteen months later the Judge reported that good order continued to prevail:— I think that notwithstanding certain occurrences, the security of life & property in the remoter districts of the Colony is not otherwise than satisfactory and will probably contrast favorably with the state of any other country of similar extent in the world.79 A more disinterested observer, Cheadle, noted in his journal in the following August: "Order famously kept in Cariboo: . . . only 2 murders this year."71 Some two months later Cheadle passed the Judge near Clinton and, apparently impressed by his achievements, if not his appearance, jotted down a similar comment: "Passed Judge Begbie on horseback. Everybody praises his just severity as the salvation of Cariboo & terror of rowdies."72 Even the British Columbian, which had been such a bitter opponent of Begbie, wrote with great satisfaction of the good order prevailing in the Kootenay. At the beginning of the rush to that district in the summer of 1864 there were probably a thousand men on Wild Horse Creek. Magistrate O'Reilly had only five constables at his disposal to deal with a threat of disorder, but when word circulated that Judge Begbie was on his way through the mountains with a party of marines, all became quiet as if by magic. John Robson wrote of the prevailing good order:— On arriving at Kootenay Judge Begbie found an empty jail and a clear docket—not a single case, either civil or criminal, awaiting adjudication. ... In a colony like this, where the outlawed of surrounding countries is supposed to concentrate, the paucity of crime is something very remark- (69) Begbie to Douglas, November 30,1861, ibid. (70) Begbie to Young, no date but received January 19, 1863, ibid. (71) Cheadle's Journal of Trip across Canada, 1862-68, with introduction and notes by A. G. Doughty and Gustave Lanctot, Ottawa, 1931, p. 222. (72) Ibid., p. 243. (73) New Westminster British Columbian, November 18,1865. 148 Sydney G. Pettit. Unhappily for Judge Begbie this is one of the few occasions on which John Robson was able to write about him without abuse and contempt. The truth is that in the early days, when devotion to duty and an iron hand were required to establish the judiciary and preserve order, his personality and methods suited conditions. But as the Cariboo developed, he was not equal to the tasks imposed on him as a judge in the complicated litigation arising from disputes between mining companies. He had had little experience in England and never came to know the law very well. He had, through his early experiences, become a law unto himself, and he proved unwilling, or unable, to change. He was a success in the Canyon, but he was a failure in the Cariboo. Sydney G. Pettit. Victoria, B.C. NOTES AND COMMENTS. BRITISH COLUMBIA HISTORICAL ASSOCIATION. Victoria Section. The first general meeting of the Section in the new year was held in the Provincial Library on Monday, January 27, when more than eighty members and friends heard an address by Major-General W. W. Foster, entitled The New Northwest Passage. Reference was made to the many attempts to discover and make use of a northwest passage by sea as an introduction to a description of the building of the Alaska Highway, the construction of which became a military necessity after Pearl Harbor. Major-General Foster was the Canadian Special Commissioner for Defence Projects in Northwest Canada and from personal knowledge was able to speak authoritatively on many of the problems faced in the construction of this highway. The lecture was still further enhanced by a sound film prepared by the United States Army depicting the building of the Alaska Highway. The appreciation of the meeting was tendered to the speaker by Mr. F. C. Green, former Surveyor-General of British Columbia. The February meeting of the Section was held on Friday, February 28, in the Provincial Library, with forty-five persons in attendance. Once again it was a privilege to welcome Major David L. McKeand, M.C., F.R.G.S., who had chosen as his subject Canada's Arctic Islands. Major McKeand had for many years been the Superintendent of Eastern Arctic as well as Secretary of the Northwest Territories' Council. In the course of his address he dealt with many of the earlier Arctic explorations and in particular with ereignty over the northern archipelago, is added greatly to the enjoyment of the the vote of thanks, n of Blanshard Day, March 11, took the form of a reception, held at the Little Art Centre, when some eighty members and friends were received by the Chairman, Mrs. Muriel R. Cree. During the evening Mrs. Cree read a short paper outlining the significance of the appointment of Richard Blanshard, which had been prepared some years previously by the late Archer Martin, Chief Justice of British Columbia. Rev. William Hills was the speaker of the evening and selected as his subject Sunrise without Sunset—s. sketch of the history of history from earliest times. On Tuesday, April 15, a most interesting lecture was delivered before eighty members of the Section, meeting in the Provincial Library, by Mr. A. M. D. Fairbairn. Over the years Mr. Fairbairn has made several sketching trips to the Queen Charlotte Islands and has, through the medium of water colour, painted dozens of the rapidly disappearing totem-poles on the islands. His address, Queen Charlotte Islands and the Haida Indians I 150 Notes and Comments. in 1946, was, in consequence, extremely interesting, for after a brief historical sketch of the Haida Indians in former days he was able to contrast their present condition. Mr. Fairbairn has rendered a great service to this Province by his paintings of the totemic art of the Haidas—an art which, it is greatly to be regretted, has almost entirely disappeared. In thanking the speaker, Mr. W. E. Ireland took the opportunity to announce that through Mr. Fairbairn's courtesy the Provincial Archives had made photographic reproductions of his paintings to supplement the originals already in its possession. CONTRIBUTORS TO THIS ISSUE. Norman R. Hacking is a leading authority on maritime history in British Columbia and is on the staff of the Vancouver Daily Province. He has previously contributed articles to this Quarterly. Sydney G. Pettit, M.A., is Assistant Professor of History and Sociology at Victoria College, affiliated with the University of British Columbia. George F. G. Stanley, D.Phil. (Oxon.), has recently been appointed to the Department of History of the University of British Columbia. Formerly at Mount Allison University, Dr. Stanley served as Assistant Historical Officer at the Canadian Military Headquarters. He is an authority on western Canadian history and the author of The Birth of Western Canada. W. Kaye Lamb, Ph.D., Librarian of the University of British Columbia, is the former editor of this Quarterly. W. N. Sage, Ph.D., is head of the Department of History at the University of British Columbia. THE NORTHWEST BOOKSHELF. Minutes of the Hudson's Bay Company, 1679-1684. First Part, 1679-1882. Edited by E. E. Rich, with an introduction by G. N. Clark. Toronto: The Champlain Society; and London: The Hudson's Bay Record Society, 1945. Pp. xlvi., 378. This volume, numbered VIII. in the Hudson's Bay Record Society series, is the sequel to Volume V. which contained the first Minutes Book of the company, covering the years 1671-1674. In the present volume, covering the years 1679-1682, the minutes of 4 General Courts and 192 Committee meetings are given to the public. These constitute the first part of the company's second Minutes Book, 1679-1684. The appendices include the Report to the Governor and Committee by John Nixon, 1682, the original of which is in the possession of the Royal Society; extracts from the company's Account Books between 1675 and 1680; and a number of biographical notes. As in the earlier volumes of the series, the editorial work has been done by E. E. Rich. Professor G. N. Clark, Regius Professor of Modern History in the University of Cambridge, has contributed the introduction. It is unfortunate that there is a gap of five years and four months separating the minutes printed in Volumes V. and VIII. For this period only the Grand Ledgers and the Grand Journal provide serious continuity; however, Professor Clark has drawn upon these for his very useful introduction. The extracts from the Account Books in Appendix B also help to fill in the details of the story between 1674 and 1679. To this reviewer the company's Minutes Books and Accounts appear to be of limited, or rather specialized, interest. They do not, for instance, give a complete picture of the company's business operations. Neither do they throw much light on events or life on the Bay. They give us nothing of the problems encountered in the Indian trade. They are, as Professor Clark admits, "much less valuable than the records which, it is hoped, will be published in future volumes of this series, especially the out-letters." The company's Letter Books begin at 1680, and it is from them that we shall obtain the clearest view of its policy and spirit. Nevertheless there is much useful and interesting material here relating to the stockholders and the conduct of the company's affairs in London. From the introduction we find that several of the shareholders had disposed of their holdings between 1674 and 1679, owing, apparently, to the unpromising prospects of the company's trade. Most of those who purchased stock at this time appear to have been business-men rather than politicians or aristocrats; but, generally speaking, the transfers of stock were too few to admit of any broad inferences or generalizations. It is interesting to note that among the new shareholders whose names appear in the minutes between 1679-1682 was that of Sir Christopher Wren, who 152 The Northwest Bookshelf. April became associated with the Hudson's Bay Company in 1679 and who. served as a member of the Committee during .the period covered by this volume. On numerous occasions he took the chair in the absence of the Deputy Governor, Sir James Hayes. No dividend was paid during these years. Indeed, no dividend was paid on the company's stock until 1684. The only stockholders who profited from their connection with the company were those who lent it money at 8 per cent, to make it possible for the annual expedition to be fitted out for the Bay. The minutes also contain much incidental information of economic interest: information relating to the outward cargoes and the standing articles of trade, to the company's fur auctions, to the expenditure on building, fitting, hiring, and docking of ships, and to the cost of marine insurance. John Nixon's report in Appendix A is of particular value. From it we learn something of the difficulties experienced by the Governor in maintaining discipline among the company's servants, particularly those whose time had expired and who were awaiting transportation back to England. A good part of the report is taken up with Nixon's complaints of drunken orgies of Captain Nehemiah Walker of the John and Alexander, who not only drank the Governor's liquor despite the latter's protests, but roundly abused him " ^er a gross manner." Governor Nixon did, however, find space to submit a number of recommendations to the London Committee for the betterment of the company's trade, not the least of which was the suggestion that Scots might be induced to enter the company's service. Commending to the Committee's favour Mr. John Ker, surgeon of the Diligence, Nixon wrote:— . . . I would you could get him into youre service, he fit for youre tourne, in divers respects, both for his calling, and pen, and goud government of him- s™ lykewayes he can informe youre honoures how yow may get men out of Scotland, who will both f aire harder and serve at cheaper rates then our London borne childring; they goe to franco for small wages and seek their fortounes up and doun the world, and doeth good service when they are and why may not yow imploy them for youre profit. Another item of interest in Nixon's report in view of the impending struggle with France, of which, oddly enough, no intimation appears in the minutes, was the Governor's emphasis on the defenceless state of the company's posts on the Bay owing to the concentration of men at Charlton Island, and his request for additional personnel: "... at this present, July the 29th wee are heare the number of 60 men at Charleton Island, and but 14 at the three factories to guard them, (viz.) at Chechechewan [Albany] 6, at Muce [Moose] river 5, and at Ruports East river 3." Of praise for the format, the type, and the index there is little to be added to what has been said on the occasion of the appearance of earlier publications of the Champlain Society. It is enough to say that this volume maintains the high standard set by that society. George F. G. Stanley. 1947 The Northwest Bookshelf. 153 Loyalist Narratives from Upper Canada. Edited, with introduction and notes, by James J. Talman. Toronto: The Champlain Society, 1946. The United Empire Loyalists have been discussed and written about at such great length that the scarcity of original narratives, which this volume reflects, will come as a surprise to many. Dr. Talman has obviously cast his net wide and skilfully, and presumably he here presents, what is virtually a definitive collection. Yet, of the twenty-five " narratives " included in the text proper, many are brief, and some are no more than obituaries of Loyalists culled from various newspapers and periodicals. Moreover, most of the " narratives " that, strictly speaking, deserve the name were written by the children or grandchildren of Loyalists, and not by Loyalists themselves. Indeed, only five of the twenty-five items included are " Loyalist narratives " in the sense that the title of the book brings first to mind. The reason is not far to seek. " Many of the Loyalists," as Dr. Talman reminds us, "could not write; and those who could were too busy to keep diaries. Paper, moveover, was scarce enough to limit the possibility of compiling records." Much the longest of the five original narratives is that by Colonel Stephen Jarvis, which runs to 118 pages. Unfortunately much of it is taken up with a detailed account of the tribulations and military experiences through which he passed before he finally left the United States; only twenty pages or so are devoted to his move to Fredericton, and subsequently to Upper Canada, where he took an active part in the War of 1812-15. Richard Cartwright's "Journey to Canada" is a vivid eight-page description of his trip from Albany to Montreal, which seems to have been made in the autumn of 1779. The other Loyalist narratives relate to Adam Crysler, Joel Stone, and the Rev. John Stuart. Stuart, it may be noted, was one of the very few professional men who took part in the Loyalist migration. As noted in the editor's introduction, " with rare exceptions, only Loyalists of humble origin found their way to what became Upper Canada "—which is, no doubt, another reason for the scarcity of first-hand documents. Some of the writings of the descendants of Loyalists go far to make good the deficiencies of the original narratives. In this category the outstanding contributions are both by women. Susan Burnham Greeley's " Sketches of the Past," which she began to write at the age of 92 and completed when she was 95, and Amelia Harris's " Historical Memoranda," which between them occupy seventy pages, give a graphic impression of daily life as the Loyalists and their families lived it during their first difficult years in Canada. In an appendix, Dr. Talman reprints ten representative petitions and memorials, in order to illustrate the type of material that is to be found in the hundreds of affidavits filed by Loyalists and their heirs in support of claims for land and other compensation. Many of these give a detailed account of the services rendered and hardships and losses suffered by the petitioners, but they are tabulations of information rather than narratives and, as such, have been excluded from the text proper of the volume. 154 The Northwest Bookshelf. April The introduction gives a most useful and well-balanced summary of what is known about the Loyalists. It begins at the beginning by explaining " Who they were and why they were loyal," and after tracing their history Dr. Talman tactfully warns the reader against the temptation (which has proved irresistible to many a Canadian of Loyalist descent) to exaggerate their influence on later Canadian history. He shares the view of Egerton Ryerson that they " ceased to be a distinct and controlling class of the inhabitants" as early as 1815. In his own words: "Writers of Canadian history, indeed, would better serve the cause of accuracy, and would certainly save confusion, if they would avoid the use of the word Loyalist in connection with any period except that of the American revo- Vancouver, B.C. W. Kaye Lamb. Colony to Nation: A History of Canada. By A. R. M. Lower. Toronto: Longmans, Green and Company, 1946. Pp. xvi., 600. $5. Professor Lower has recently left Winnipeg, where he was for years professor of history and political science in United College of the University of Manitoba, and has accepted a professorship in the Department of History, Queen's University, Kingston, Ont. During his career at United College he spent a year as visiting professor at Dalhousie University, and he has twice taught courses as a visiting professor in the Summer Session of the University of British Columbia. A native of Ontario, Professor Lower graduated from the University of Toronto, served during the First World War with the Royal Navy, then joined the staff of the Public Archives in Ottawa. He obtained his doctor's degree from Harvard. While in Ottawa he became a keen student of French Canada. Few Canadians are better equipped to write the history of their country. yto Nation is a challenging title. It reflects the personality of the In many cases an author tends to sink his personality in his subject. l)i. Lower could not do so if he wished. For years he has studied and taught Canadian history. He has very definite opinions and he has the courage of his convictions. During his lifetime he has watched Canada grow from a colony to a nation, and he has drawn his own conclusions. The result is a volume which is stimulating and provocative. It is by no means a dry chronicle of explorers, fishermen, fur-traders, seigneurs, clergy, governors, soldiers, politicians, United Empire Loyalists, Selkirk settlers, prairie farmers, gold-seekers, and lumbermen; it is a close and critical analysis of the achievements of all these groups of people. There is to be found in this volume a certain maturity which was lacking in Canadian historical writing at the beginning of the present century. The author's point of view is distinctly Canadian. He is frankly nationalistic. Canada is his country, and he is much more interested in Canada 1947 The Northwest Bookshelf. 155 than he is in the larger loyalties overseas. He fully appreciates the importance of the United States, but no one who has carefully perused this volume could charge him with being pro-American. The following excerpts dealing with the United Empire Loyalists are typical of Dr. Lower's Cana- dianism:— The common bond which hatred of the successful rebels constituted, negative though it might be, proved sufficient eventually to make all the English-speaking colonies realize that they had a common destiny. In this way, the Loyalists by their stubborn determination to set up new, non- republican communities in the wilderness gave birth indirectly to Confederation and thus to the Canadian nation. Mere sentiment without a strong emotion behind it would not have been enough to resist the terrific draw of the advancing nation to the south. This emotion the Loyalists supplied. Down through the years they and their children have nursed their wrath to keep it warm. The nationalism of the United States is founded on violent repulsion from England, that of Canada originally rested on repulsion from the United States. . . . Canada today, partly owing to the original Loyalist conception, is strongly monarchical in sentiment and as strongly republican in practice. ... To preserve their amour-propre, the Loyalists called an old world into existence to redress the balance of the new. This they endowed with qualities not always corresponding to actuality. They exalted British successes in arms and British " greatness," but they were not overly understanding of the lasting contribution of England to civilization; her devotion to freedom and the great edifice of law, custom and spirit which Englishmen had built to preserve that freedom. It was a partial and one-sided English Tradition that the Loyalists cherished a " drum and trumpet" tradition of mere " Britishism." From the above quotations it is possible to appreciate both the strength and weakness of Professor Lower's treatment of his subject. The strength lies in his power of analysis. He has brooded long and carefully over his subject-matter. He has drawn his own conclusions and he has stated them fearlessly. His writing is full of stimulating and pithy phrases. Nor is he devoid of a certain pleasant malice as when he writes (p. 427): " Americans built railroads to develop their country, Germans for purposes of war, but Canadians, apparently, just for the fun of building them." Even those who criticize the book most severely will probably find it extremely hard to lay it down and not to.go on reading it to the bitter end. For to-them the book will probably be bitter. Dr. Lower is no respecter of vested interests of any sort, and especially of traditional historical interpretations. In fact, his weakness consists largely in this lack of respect for certain traditions. He decries the " colonialism " of English-speaking Canadians, but he tends to laud the French-Canadians for attempting to preserve their " unique institutions." He is much more sympathetic towards the Methodists of Upper Canada and the Baptists of Nova Scotia than he is towards the more autocratic Anglicans. It may be doubted also whether he is really fair to the " Tory colonials " and the " imperialists." But even Dr. Lower's sternest critics will be struck by the sincerity of these words, taken from his concluding paragraphs:— Canada with its divisions of race presents no common denominator in those profundities which normally unite, in race, language, religion, history and culture. If a common focus is to be found it must come out of the com- 156 The Northwest Bookshelf. mon homeland itself. If the Canadian people are to find their soul, they must seek for it, not in the English language or the French, but in the little ports of the Atlantic provinces, in the flaming autumn maples of the St. Lawrence Valley, in the portages and lakes of the Canadian Shield, in the sunsets and relentless cold of the prairies, in the foothill, mountain and sea of the west and in the unconquerable vastnesses of the north. From the land, Canada, must come the soul of Canada. Colony to Nation is a notable book. It must be read: it cannot be ignored. W. N. Sage. We BRITISH COLUMBIA HISTORICAL ASSOCIATION Organized October 31st, 1922. PATRON. His Honour Charles A. Banks, Lieutenant-Governor of British Columbia. OFFICERS, 1947. Hon. G. M. Weir Honorary President. George B. White - President. Madge Wolfenden .... past President Alma Russell 1st Vice-President. Rev. W. Stott 2nd Vice-President. Helen R. Boutilier .... Honorary Secretary. J. K. Nesbitt Honorary Treasurer. MEMBERS OF THE COUNCIL. Burt R. Campbell. H. C. Holmes. W. Kaye Lamb. B. A. McKelvie. T. A. Rickard. W. N. Sage. Willard E. Ireland Murkl R. Cree Rev. W. Stott (Provincial Archivist; (Victoria Section). (Vancouver Section). Editor, Quarterly). OBJECTS. To encourage historical research and stimulate public interest in history; to promote the preservation and marking of historic sites, buildings, relics, natural features, and other objects and places of historical interest, and to publish historical sketches, studies, and documents. MEMBERSHIP. Ordinary members pay a fee of $2 annually in advance. The fiscal year commences on the first day of January. All members in good standing receive the British Columbia Historical Quarterly without further charge. Correspondence and fees may be addressed to the Provincial Archives, Parliament Buildings, Victoria, B.C. THE BRITISH COLUMBIA HISTORICAL QUARTERLY JULY, 1947 We BRITISH COLUMBIA HISTORICAL QUARTERLY Published by the Archives of British Columbia EDITOR. Willard E. Ireland. Provincial Archives, Victoria, B.C. ADVISORY BOARD. J. C. Goodfellow, Princeton. T. A. Rickard, Victoria. W. N. Sage, Vancouver. Editorial communications should be addressed to the Editor. Subscriptions should be sent to the Provincial Archives, Parliament Buildings, Victoria, B.C. Price, 50c. the copy, or $2 the year. Members of the British Columbia Historical Association in good standing receive the Quarterly without further charge. Neither the Provincial Archives nor the British Columbia Historical Association assumes any responsibility for statements made by contributors to the magazine. The Quarterly is indexed in Faxon's Annual Magazine Subject-Index. BRITISH COLUMBIA HISTORICAL QUARTERLY Victoria, B.C., July, 1947. Alberni Canal. By Earle Birney Books and Libraries in Fur Trading and Colonial Days. By Madge Wolfenden By Sydney G. Pettit__ Sir James Douglas, K.C.B.: The Father of British Columbia. By W. N. Sage i Notes and Comments: British Columbia Historical Association ! Contributors to this Issue ! The Northwest Bookshelf: Green: History of Burnaby and Vicinity. Doe: History of Salmon Arm 1885-1912. By Willard E. Ireland i. ! DeQuille: The Big Bonanza. By T. A. Rickard i Heizer: Francis Drake and the California Indians, 1579. By W. Kaye Lamb i ALBERNI CANAL. These firs already breathed when old Pedro Alberni, Captain and Don, sailed into Nootka Sound to hold, with a hundred troops in his galleon, this pounding coast from Englishmen— and quickly luffed away again, leaving only his alien name to serve his channel and his fame. No man-grubbed ditch is this lank lance the ocean thrusts unbending deep into the scaly flank of George Vancouver's Island; rending glaciers alone have trenched this giant gorge, and nothing less than tilting continents have drenched and drowned its floor in quietness a hundred fathoms down. Today the inlet's fretted crests are lost in white obliteration, frost of seafog sliding down to lay a numb annihilation straight along the mountain's bony knees. Above that line the gauzy trees dissolve like ghosts caught out too late. Down the marching fjord a freighter slides, god-sped by gullish Paternoster, past Indians motionless and smudged in fishing-tubs, past mess of snaggled log and tombstone stump where axe and greed and fire have spread the forest's macaronic dead; past highrigged spar-pole, sawdust dump, past one swart tugboat harbor-bound, and into heaving Barkley Sound. Earle Birney. The waters lie as wide and lonely as when young Barkley risked his only schooner, and a schoolgirl bride, to tack ashore by unsealed tide with beads and bullets from Stoke and Clyde, and reap the vanished otter's hide. Earle Bdjney. BOOKS AND LIBRARIES IN FUR-TRADING AND COLONIAL DAYS.* In reading the journals of the fur-traders one is quite impressed by the fact that, even im early times in the wilderness of British Columbia, books played a prominent part in the daily lives of the pioneers. The first white resident of what is now British Columbia was John McKay, surgeon in the Experiment, one of the two vessels commanded by Captain James Strange in his fur-trading expedition to Nootka Sound in 1786. McKay was persuaded to remain behind on Vancouver Island with the object of making a study of the native Indians. It is interesting to note that Strange did not fail to provide him with reading- matter as well as the necessaries of life. These books comprise the first library in British Columbia of which record has been Daniel Williams Harmon of the North West Company spent many years at posts in what are now British Columbia, Alberta, and Saskatchewan. He left an intriguing journal in which he makes frequent mention of his pleasure and delight in reading. In 1801, whilst still only 23 years of age, he wrote:— While at Alexandria [on the Assiniboine river], my time passed agreeably in company with A. N. McLeod, Esq. who is a sensible man, and an agreeable companion ... a taste for reading I owe, in a considerable degree, to the influence of his example. . . . Happily for me, I have a few books; and in perusing them, I shall pass most of my leisure moments.2 Harmon missed the culture and the refinements of more civilized surroundings, but he took advantage of his exile to improve his mind by reading. Unfortunately he does not give us the titles of the books which meant so much to him. His references to gardening and to music are also an indication of his tastes:— * The presidential address delivered at the annual meeting of the British Columbia Historical Association, held in Vancouver on January 17, 1947. (1) James Strange, Journal and Narrative of the Commercial Expedition from Bombay to the North-west Coast of America, Madras, 1928, p. 23. (2) D. W. Harmon, A Journal of Voyages and Travels in the Interior of North America, Toronto, 1904, p. 47. 160 Madge Wolfenden. July We are preparing a piece of ground for a garden, the cultivation of which, will be an amusement. ... Mr. Goedike plays the violin, and will occasionally cheer our spirits, with an air. But the most of our leisure time . . . will be spent in reading, and in meditating and conversing upon what we read. How valuable is the art, which multiplies books, with great facility, and at a moderate expense. Without them the wheels of time would drag heavily, in this wilderness.8 The North West Company supplied libraries to its northern posts, for Harmon, writing at Stuart Lake in 1813, says:— Few of us are employed more, and many of us much less, than one fifth of our time, in transacting the business of the Company. The remaining four fifths are at our own disposal. If we did not, with such an opportunity, improve our understandings, the fault must be our own; for there are few posts, which are not tolerably well supplied with books. These books are not, indeed, all of the best kind; but among them are many which are valuable. If I were deprived of these silent companions, many a gloomy hour would pass over me.* The Hudson's Bay Company, mindful of the loneliness of life in its more remote posts, also endeavoured to cheer its employees by providing libraries for them. The remaining books of some of these post libraries, some 1,300 or so titles, are now treasured at Hudson's Bay House in Winnipeg. They date in imprint from the late seventeenth to the middle nineteenth century and comprise the classics of history, travel, science, and literature. In addition there are numerous magazines, such as Blackwood's, Punch, The Gentleman's, The Argosy (edited by Mrs. Henry Wood and presumably provided for the wives of the fur-traders), Household Words, and All the Year Round—these latter two edited by Charles Dickens.6 William Fraser Tolmie, on his long voyage round Cape Horn from England to Fort Vancouver on the Columbia River, read systematically during the journey. Being a very serious young man, his choice of reading-matter would be considered by most people to be on the heavy side. Some of these books were Guthrie's Geography, Ellis' Polynesian Researches, Lisiansky's Voyages, Maltebrun's Geography, the Spectator, and the Athenaeum; but we are glad to see that for recreation he read the (3) Ibid., p. 94. (4) Ibid., p. 192. (5) C. E. L'Ami, " Priceless Books from Old Fur Trade Libraries," The Beaver, December, 1935, pp. 26-29. 1947 Books and Libraries. 161 Arabian Nights, in French.6 Upon arriving at his destination in May, 1833, Tolmie lost no time in taking advantage of the books under Dr. John McLoughlin's care, and he was soon deep in the Travels of Alexander Humboldt. A few weeks later, when on a short expedition to Fort Nisqually, he took with him George Vancouver's Voyage of Discovery to the North Pacific Ocean. From the nucleus of this collection of books at Fort Vancouver, Tolmie related some years later that the first travelling library on the North Pacific Coast was inaugurated. In an address before the Oregon Pioneer Association he stated: " By 1836, a circulating library of papers, magazines, and some books, set on foot by the officers, was ' in full blast.' "7 In what is now the neighbouring State of Washington, at Fort Walla Walla, Archibald McKinley, also of the Hudson's Bay Company, is credited with owning the first private library in the Western States, the first instalment of which was purchased for him by the Rev. David Greene in Boston in 1844. The Reverend Greene allowed his own preferences to predominate in the selection of these sixty titles, nearly all of which dealt with religion, with only a smattering of history and travel. Nevertheless, we are told that McKinley was " much pleased " with his books.8 James Douglas was also a great reader and gradually collected a good library round him, some of the books of which are still to be found in Victoria. From one of his Correspondence Books now preserved in the Provincial Archives, it is evident that he ordered books each year to be sent by the Hudson's Bay Company's ship with the annual supplies. The majority of these books were historical and biographical works. Astronomy, in which Douglas was intensely interested, was not overlooked, and three or four scientific books on this subject were added »from time to time. For his womenfolk he bought The Family (6) W. F. Tolmie, Diaries, 1830-32, 1832-33, passim., MS., Archives of B.C. (7) W. F. Tolmie to the Oregon Pioneer Association, June 3, 1884, Oregon Pioneer Association Transactions of the Twelfth Annual Re-union for 1884, Salem, Ore., 1885, p. 81. (8) J. 0. Oliphant, "The Library of Archibald McKinley, Oregon Fur Trader," Washington Historical Quarterly, XXV. (1934), pp. 23-36. 162 Madge Wolfenden. July Friend and The Ladies Companion, Miss Edgeworth's Tales and Novels and Miss Sherwood's Works. Occasionally he would order "An assortment of pleasant and instructive Books for young people," or " 6 books as birthday presents for young ladies."9 Richard Blanshard, first Governor of Vancouver Island, evidently brought books with him, for, after his departure, James Douglas, writing to the Hudson's Bay Company headquarters in London, stated: " I enclose a list of Books which have been left here by Mr. Blanchard [sic] and beg to be informed by return Post, if they belong to him, or to the Company a matter about which he is uncertain."10 Mention should also be made of the fine library of George Hills, first Bishop of British Columbia. Bishop Hills came to Victoria in 1860, and before departing from his diocese thirty-two years later he left a considerable number of his books at the Christ Church Cathedral Sunday School room. A goodly number of these are now in the Provincial Library, and a perusal of their titles shows him to have been a scholar of wide and varied interests. Victoria. Having glanced at one or two private individuals and their libraries, we now come to the year 1858, a momentous one for Victoria, for it was during the summer of that year that the trading-post completely changed its aspect almost overnight. With the sudden and unexpected arrival of numbers of gold- seekers, Victoria threw off its fur-trade chrysalis and emerged as a full-grown town. It is interesting to note that the first move towards a collection of publicly owned books came from the two-year-old Legislative Assembly of the colony of Vancouver Island. On September 23,1858, the House passed a Bill of Supply including the sum of £250 for a " Library for the use of the House of (9) James Douglas to W. G. Smith, February 20, 1855, and April 22, 1857, Letterbook, MS., Archives of B.C. (10) James Douglas to Archibald Barclay, August 30, 1851, Letterbook, 1947 Books and Libraries. 163 Assembly."11 As we shall see later, it is doubtful if any action was taken on the matter at this time. The Victoria Gazette in an editorial on November 4, 1858, strongly advocated the formation of a library and reading-room as an antidote to the saloon, and reported that a movement was on foot towards the establishment of such an institution.12 By the thirteenth of the month W. F. Herre had opened his reading- room, and library on Yates Street, near the corner of Wharf Street. We read that " The Library as yet is limited, but so soon as the books can be obtained from San Francisco, will be greatly enlarged." The subscription was $5 for the first month and $3 for succeeding months.13 Mr. Herre was a Frenchman, arid his first venture was short-lived, for by December 28 he was advertising his business for sale at a price of $1,200, " private affairs requiring his presence in France."14 Presumably nobody in the town was sufficiently public- spirited to carry on Herre's undertaking, for nearly a whole year passed before a reading-room was again opened. This was operated by the Young Men's Christian Association, a branch of which had been formed in Victoria on September 3, 1859.15 It was situated over Curtis & Moore's wholesale drug and chemical store on Yates Street. It is well supplied with the leading religious publications, and scientific papers and periodicals of Great Britain, the Colonies, and the United States. The Association certainly deserve great credit for their exertions to provide a place where both old and young may with advantage spend their leisure evenings. There are so few evening amusements in Victoria, of an elevating character, that we have no doubt but the Reading Room will prove a centre of attraction to all classes: and be a healthy check against dissipa- (11) Minutes of the House of Assembly of Vancouver Island, August 12th, 1856, to September 25th, 1858 (Archives of British Columbia, Memoir No. III.), Victoria, 1918, p. 77. (12) Victoria Gazette, November 4, 1858. Shortly after commencing publication this newspaper had called attention to the want of amusements in Victoria. " The only occupation in the way of amusements yet to be witnessed in Victoria is that of immigrants waiting for chances at the Company's store or the Collector's office who employ their spare time in ' tossing up' their spare change and betting on the ' head or tail' result." Ibid., July 3, 1858. (13) Ibid., November 13, 1858. (14) Ibid., December 28,1858. (15) Victoria Colonist, September 5,1859. 164 Madge Wolfenden. July tion which has made fearful sacrifices in countries like ours where a large portion of the young men were deprived of the society of home.16 By December its location was moved to the front room on the ground floor of Dr. Dickson's house, opposite the Bastion on Government Street. John Cooper was the secretary, and the reading-room was open every evening, except Sunday, from 5 o'clock until 10. The subscription rates were 6 shillings, or $1.50 per quarter." Following the example set by the Young Men's Christian Association, the Dashaway Association, a temperance society organized on November 7, 1859, opened a reading-room for the use of its members and friends. Like the Y.M.C.A., it specialized in the latest newspapers and periodicals, and appears not to have provided books.18 By the autumn of 1861 there was a definite feeling towards the establishment of an institution on cultural lines. A representative gathering of about 100 persons met in Moore's Hall under the chairmanship of Gilbert Malcolm Sproat to discuss plans. The society was to be called " The Victoria Literary Institute," and its aims and objects were " the formation of a Library, Reading Room and Museum; the delivery of Lectures, and the diffusion of Literary and Scientific Knowledge among the people of Victoria."19 The association was modelled on the lines of institutes of a similar nature in England and in other countries. For several weeks meetings were held, at which were present all the influential persons in the community, representatives of the-several churches, government officials, retired Hudson's Bay Company officers, and leading merchants. The constitution which was finally adopted on October 26 was printed by the Victoria Daily Press and is to-day a treasured colonial imprint. Possibly on account of its over-ambitious prospectus — the capital stock was set at $20,000 and shares were priced at $25 each—a sufficient number of subscribers was not forthcoming, and the scheme fell through. This was a great disappointment (16) Ibid., October 10,1859. (17) New Westminster Times, December 3, 1869. (18) Victoria Colonist, November 21 and December 3, 1859; February 1947 Books and Libraries. 165 to the promoters, but the inauguration of a series of splendid lectures resulted as a consequence. These were enjoyed during the winter of 1861-62 at a nominal charge to cover expenses. In November, 1862, H. F. Heisterman, a newcomer to Victoria, opened in the newly constructed St. Nicholas Hotel, on Government Street, a reading-room which he designated by the title of "Victoria Exchange Reading and News Room." He advertised newspapers and magazines from all parts of the world and separate rooms for the playing of chess and for smoking. The annual subscription was fixed at $24, or $3 per month, in advance.20 Fleeting references to other proprietors of reading-rooms, such as Christopher Loat21 and Hardy Gillard,22 indicate that Heisterman sold out to Loat, and that he in turn disposed of his business to Gillard. W. F. Herre returned to Victoria, and in 1863 was operating a " Circulating Library of English and French Works" in connection with his wholesale and retail book and stationery store on Yates Street.23 Joseph Corin, who also operated a book and stationery shop on Fort Street in 1863, opened a subscription library in connection with his business,24 which he sold to David Spencer in January of the following year.26 By September, Spencer had moved his establishment to a better stand on Government Street.26 It may not be generally known that Spencer's large departmental stores of to-day had their humble origin in a small book and stationery It would appear that the idea of a Legislative Library for Vancouver Island, so ambitiously suggested in 1858, came to nothing, for in January, 1863, Amor de Cosmos wrote an editorial in his newspaper advocating the formation of this type of library. He suggested that these special books could be acquired gradually to form the nucleus of a collection. The library could be housed in the Government Buildings, under the supervision of the Clerk (20) Victoria Chronicle, November 1, 1862. (21) Victoria Colonist, June 2, 1863; December 21, 1863. (22) Victoria Evening Express, January 8, 1864. (23) Howard and Barnett, British Columbia and Victoria Directory, Victoria, 1863, p. 20. (24) Victoria Chronicle, November 22, 1863. (25) Victoria Colonist, January 29, 1864. (26) Victoria Vancouver Times, September 28, 1864. 166 Madge Wolfenden. July of the House. It was his belief that " when once the foundation is properly laid, there will be no difficulty in building a superstructure that may be one day a source of pride to the colony."27 After the signal failure of the proposed Victoria Literary Institute in 1861 the matter of the formation of a library in Victoria was left in abeyance until the spring of 1863, when once again the idea became a live issue. Meetings were held, letters were written to the newspapers, and even the occasional editorial appeared setting forth the desirability and necessity for a public library. Plans and preparations were discussed throughout that year, and in December a " large and respectable meeting of citizens " was held, the object of which was to found a " Literary and Scientific Institute." This effort also failed to achieve its purpose, as had its predecessor, and it was not until November 25,1864, at a large and " most respectable assemblage," that the foundations of a Mechanics' Institute were finally and firmly laid.28 Mechanics' Institutes were not quite such " stuffy " affairs as the name seems to imply. Founded in the 1820's in England primarily to supply technical instruction to artisans, their original purpose was soon forgotten, and they developed into social institutions, including in nearly every case a collection of books. To our Victorian forbears they played a role similar to that of the adult education movement of to-day. Gilbert Malcolm Sproat, who had been one of the prime movers of the 1861 Literary Institute effort, gave his full support to this new venture. This time, with plans less elaborate financially and more workable, a social and intellectual club was successfully launched which " ministered to the happiness and instruction of large numbers of the community" for twenty- three years.29 The detailed story of the Mechanics' Institute and the part it played in the early social life of Victoria is beyond the scope of this article, but a brief summary of its activities and its career as the parent of the Victoria Public Library is not inappropriate at this point. (27) Victoria Colonist, Jan (28) Victoria Vancouver T (29) Victoria Colonist, Noi !, November 26, 1864. 1947 Books and Libraries. 167 The Victoria Mechanics' Institute was opened on December 16,1864, in two rooms on the " 1st floor of Mr. Fardon's Building on Langley Street," with Thomas Ffoulkes Swanwick as librarian.30 Besides containing a reference and lending library, it sponsored numerous cultural and scientific lectures and readings during the winter months, and conducted elocution classes and a debating club. Its purely social activities comprised the maintenance of a chess-room, theatrical entertainments in the winter, and picnics and boat excursions in the summer. These latter helped to provide the funds necessary for its maintenance. In April, 1865, Edmund T. Coleman was appointed librarian to succeed Swanwick. Coleman, who is well known as an artist, mountaineer, and poet, presided as librarian until about 1869, when he was succeeded by Capt. John Richardson Stuart, a retired army officer. He, in turn, was succeeded in 1871 by John Quantock Hewlings, who remained in office until 1887.31 By December, 1865, the Mechanics' Institute was obliged to seek larger and more convenient quarters. Consequently the move was made to Moore's Hall, on Yates Street. Three outstanding events of this year of activity were the presentation by E. G. Alston of Tennyson's poem Enoch Arden, " the only copy in the city,"32 the addition of a mineral exhibit,33 and the admission of ladies to membership at the reduced fee of $5 per annum.34 At the end of 1868 still another move to more commodious rooms was necessary, and a new home for the Institute was found in the Occidental Building, with a formal opening held early in the new year.36 On account of the low subscription rate—-$1 per month or $10 per annum—the committees of the Mechanics' Institute found great difficulty in financing their organization in spite of generous contributions of books from time to time, a good subscription list, and loyal patronage of its entertainments. In 1867 A. B. Gray, the secretary, applied to the Government for a proportion (30) Ibid., December 15, 1864; March 20 and 21,1865. (31) Ibid., May 1, 1865; January 5 and 25, 1871; May 16, 1872; December 17, 1939. (32) Ibid., January 31, 1865. (33) Ibid., March 23, 1865. (34) Ibid., December 25, 1865. (35) Ibid., December 22, 1868; January 20, 1869. 168 Madge Wolfenden. July of the sum voted by the Legislative Council to aid libraries in the colony of British Columbia.36 No record of any disbursement to the Victoria Mechanics' Institute has been found, and the Colonial Secretary's reply to Gray's request was considered unsatisfactory.37 Again, in 1870, representations were made to the Government. Governor Musgrave promised to try to place a small item in the Estimates for the relief of Mechanics' Institutes.88 The result of this negotiation brought about the passage during the session of 1871 of "An Act respecting Literary Societies and Mechanics' Institutes " which authorized the incorporation of such associations,39 and the Estimates for 1872,1873, and 1874 laid aside small but regular sums for the assistance of these organizations. The vicissitudes of the Victoria Mechanics' Institute being somewhat lengthy and involved, suffice it to say that by the year 1886, after twenty-three years of useful service to the community, the collection of books was handed over to the municipal authorities to form the nucleus of a free city library, and the Mechanics' Institute which had played its part in the upbuilding of Victoria's community life ceased forever to function.40 New Westminster. Residents of New Westminster, capital of the Mainland colony, were not so fortunate in the matter of library facilities as their fellow colonists in Victoria. As early as December, 1860, Rev. John Sheepshanks offered his." small collection of books suitable for general reading . . . to all who will apply,"41 but no further effort to provide a library service appears to have been considered until 1864. (36) $900 had been placed in the Estimates of 1865 to be used by libraries in New Westminster and Kootenay. At the sessions of 1866 and 1867 the sum of $1,500 was voted for colonial libraries on the Mainland. (37) A. B. Gray to the Colonial Secretary, March 4,1867, MS., Archives of B.C. (38) Victoria Colonist, December 7,1870. (39) B.C. Ordinances, 1871, No. 6. (40) Victoria Colonist, November 26, 1886. (41) Letter to the editor, signed by Rev. John Sheepshanks, in New Westminster Times, December 8, 1860. 1947 Books and Libraries. 169 At the Royal Engineers' camp at Sapperton there was " a small but complete library " which had been brought with the detachment from England. It had been provided by the men of the detachment themselves and had been selected by Sir Edward Bulwer Lytton, the Colonial Secretary.42 Sir Edward, who with Charles Dickens, had been present at the opening of the Manchester Free Library in 1852,43 must have been pleased to hear that the books of his choosing eventually formed the foundation of a public library in New Westminster. Much has been written of the work of the Royal Engineers in building roads and other public works in British Columbia, but their contribution to the cultural life of the community is perhaps less well known. The Royal Engineers' Club, which administered the library, was an excellent organization and sponsored many dramatic entertainments as well. Following the decision in 1863 to withdraw the detachment from the colony, many of its members elected to remain in British Columbia. In October, 1863, Colonel Moody let it be known that" the valuable Library which was the property of the Det[achment], has by general consent been handed over for the use of those men who take their discharge & settle in the Colony."44 Early in 1864 the British Columbian announced that many of the ex-Engineers were prepared to move not only their library but' also their theatre to New Westminster and to make them available to the general public. The editor hastened to encourage this generous offer:— The Library is, we believe, a most valuable one, and every way suitable as a nucleus for a public Library. New Westminster is certainly not behind other towns of a similar size and age in respect to a practical spirit of enlightened enterprise. . . . But, notwithstanding all this, we must admit that in the matter of a public Library and reading room we are on the back ground—decidedly behind the times. The want of such an institution is keenly felt. Many of the people, indeed a majority of them, are deprived of the comforts and advantages of the home circle, and are also destitute of a supply of reading matter.46 (42) F. W. Howay, The Work of the Royal Engineers in British Columbia, Victoria, 1910, p. 3. (43) Alpheus Todd, " On the Establishment of Free Public Libraries in Canada," Transactions of the Royal Society of Canada, 1882, Section II., pp. 15, 16. (44) R. C. Moody to the Colonial Secretary, October 24, 1863, MS., Archives of B.C. (45) New Westminster British Columbian, January 23, 1864. r 170 Madge Wolfenden. July However, many months were yet to pass before any action was taken. In September the editor of the British Columbian once again brought the subject of a public library to the attention of his readers, pointing out that whilst Nanaimo and Yale had literary institutes, the capital city still lacked such an institution.46 Late in November a rumour circulated that several of the I most influential citizens " were about to make an attempt to establish a public library. The North Pacific Times strongly supported the proposal:— Such an institution would be a great boon to the community, and most especially to the non resident portion of it. We should not then have so many unfortunates in the city condemned throughout the long months of winter to recreate themselves incessantly and unvaryingly by playing billiards from morning till night.47 The leader in this movement was Dr. McNaughton Jones, and on November 24 a meeting was held at his home, at which a committee of twenty-four persons was named to draw up a scheme for presentation at a later meeting.48 Subsequently circulars were issued " to a number of gentlemen " inviting them to join the committee, and the plans began to mature.49 A request was made for the use of the Municipal Council room as a public library on December 5, but this was defeated on a motion of Councillor John Robson.50 Eventually a public meeting was called for December 17, at which time the scheme was presented and approved, and officers elected. Just when the meeting was about to adjourn, objections to the proposal were raised, and as a result all the business just concluded was rescinded and another public meeting called for December 23 " to consider the subject de novo."51 The explanation for this impasse is not difficult to find. The scheme under consideration did not meet with the approval of (46) Ibid., September 24, 1864. See also letter o the editor, signed " Ennui, ' ibid., May 21, 1864. (47) New Westminster North Pacific Times, Nov :mber 23, 1864. (48) Ibid., November 26, 1864. (49) Ibid., December 3, 1864. (50) Ibid., December 7, 1864. The reason given w as that the power of rental w as vested in the Volunteer Fire Company an d not the Municipal Council. (51) ill Ibid., December 21, 1864. 1947 Books and Librarhss. 171 John Robson, who became openly critical of it in the columns of his newspaper:— While awarding that meed of praise due to those gentlemen recently engaged in the project of founding a Library and Reading-room we must be candid enough to tell them that they have sought to place the institution upon too narrow and exclusive a basis to entitle it to that general support and that wide sphere of usefulness without which it could neither claim government aid nor hope for permanent success. . . . It appears to us that in starting a literary institution in the capital we should aim at placing it upon such a basis as would give it a colonial character and entitle it to colonial support.^2 It was his proposal that a Mechanics' Institute, embodying a library, reading-room, and museum, should be established with government support. Undeterred, the original committee proceeded with their plan, and following a meeting on January 12, 1865, announced that " the library will be opened on the 1st of February."63 In an advertisement for the " New Westminster Library and Reading Room " the terms of membership were made public—an entrance fee of $10 and a monthly fee of $1.64 As promised, the library was opened on February 1, at which time it was reported that " some four or five hundred volumes have already been given to the Library, and many more have been promised."66 While not a public library in the generally accepted sense of the term, this was, nevertheless, the first library to be established in New Westminster. Rules and regulations for its administration were in due course adopted,66 and, in addition, plans were laid to sponsor a series of lectures.67 The inaugural meeting of this series was announced for February 27, when Archdeacon H. P. Wright was to speak on " The Crimea." Inclement weather prevented this meeting being held, and, while a postponement was announced, evidently the whole plan was abandoned, for no reports of this or subsequent meetings are to be found.68 In the meantime the more ambitious project sponsored by John Robson was also going forward. In mid-January further (52) New Westminster British Columbian, December 21, 1864. (53) New Westminster North Pacific Times, January 14, 1865. (54) Ibid., January 25, 1865. (55) Ibid., February 4,1865. (56) Ibid., February 11, 1865. (57) Ibid., February 26,1865. (58) Ibid., February 27, March 1, 1865. 172 Madge Wolfenden. July impetus was given to the movement by Governor Seymour, when he wrote to the Municipal Council announcing that the Queen was desirous of presenting a bound copy of ten speeches of the late Prince Consort to a public library. He stated that under the circumstances he had been forced to report that such an institution did not exist and expressed the hope that one would be organized.69 In consequence a public meeting was held on January 20,1865, presided over by the President of the Municipal Council, to consider the organization of a " Public Institute." The suggestion was put forward that the building then housing the machinery for the Mint should be made available as a library and reading-room. In addition, a committee was appointed to draw up a constitution and to negotiate for the transfer of the Royal Engineers' library.60 Immediate action was taken, for a meeting was called of the ex-Royal Engineers, the primary object of which was " to take into consideration the advisability of placing the library in a position to be available as a nucleus of the public library about to be established."61 In consequence it was announced at a second public meeting held on January 27 that the Royal Engineers' library, valued at $1,500, would be made available. In appreciation the meeting resolved:— That the cordial thanks of this meeting be conveyed to the ex-Royal Engineers for their munificent offer of their library, &c, to the Institute, and that the names of all those who are now residents, or may hereafter become residents, of the colony be placed on the records of the Institute as life members.62 (59) New Westminster British Columbian, January 18, 1865. In commenting upon this the editor stated: "May we not hope that, under these circumstances, any private or gMasi-private schemes which may be on foot will not be permitted to stand in the way of a general movement for founding an institution of a larger and more colonial character in which all can unite, and which will be an honor to the city and befitting the capital of the (60) Ibid., January 21, 1865. See also New Westminster North Pacific Times, January 21, 1865. It is an interesting commentary on John Robson to note that whilst his newspaper did not report meetings of the rival scheme nor announcements of its series of lectures, the North Pacific Times faithfully reported meetings concerning the Public Institute. (61) New Westminster British Columbian, January 25, 1865. (62) Ibid., January 28, 1865. 1947 Books and Libraries. 173 A series of by-laws and regulations was also adopted, and the subscription rates were fixed at $1 per month or $5 per annum, with life membership valued at $50. Still further delay ensued, but the committee was not inactive. In March the Legislative Council included in its estimates grants-in-aid to three British Columbia libraries—New Westminster, Cariboo, and Kootenay—in the amount of $300 each.63 Early in July the announcement was made that the library would open on August 15, and the proposed organization was detailed. Originally a trustee board and a managing board of directors of seven members to be elected annually by the subscribers had been suggested, but actually administration was vested in a board of six appointed directors.64 In addition to the former scale of fees, a supplementary fee of $5 was imposed for " the privilege of using the Circulating library."66 It was under this arrangement that the first municipal library in what is now the Province of British Columbia was opened on August 15, 1865. In announcing this event the newspaper rather ruefully was forced to admit" the desks were rather bare in consequence of the non- arrival of eastern papers and magazines, &c."66 The Rules and Regulations for the Management of the Public Library, New Westminster, presumably published in the summer of 1865, is one of the prized early imprints of the Mainland colony. They provided that the library should be " open every day (Sunday excepted) throughout the year, from 9 o'clock, A.M., to 10 P.M." Perhaps its most interesting details relate to the duties of the librarian:— The Librarian shall have charge of, keep, and carry on all the correspondence, and minutes, and accounts of the Library and Board, shall collect subscriptions, and otherwise look after the financial affairs of the Library, subject to the orders of the Board. He shall superintend the observance of the Rules and Regulations, for the time being, by all persons subject thereto. (63) Ibid., March 7,1865. See also ibid., June 3,1865. (64) These were the Governor, the Colonial Secretary, the Attorney- General, the Chief Commissioner of Lands and Works, the member of the Legislative Council for New Westminster, and the President of the Municipal Council. (65) New Westminster British Columbian, July 8, 1865. (66) Ibid., August 17, 1865. 174 Madge Wolfenden. July He shall keep a full and accurate Catalogue'of all the Books, Magazines, Maps, Charts, Works of Art, and articles belonging to the Library, and arrange and keep them in proper order. He shall also enter in a Book for the purpose all Books and other donations presented to the Library, with the names of the donors. He will keep in the Library a correct list or register of the names of all subscribers, and not deliver any Book to any person not previously so registered. He shall have charge of the Building, and see that the Books, Library, and Reading Room, and their contents, are kept in good order and free from dust, and otherwise have due care for the comfort of visitors. He shall collect, under the orders of the Board, all monies due and to become due from Subscribers or others on account of the Library. He shall not allow any person, except Members of the Board, to remove a Book from its place, or periodicals or papers from the files or shelves in in the Library, without permission. He shall replace the Books, papers, &c, in proper order upon the shelves as soon as may be after their return, and after careful examination whether they have been defaced or injured. He shall enter in a Book to be kept for the purpose the title of every volume delivered by him, the name of the party to whom delivered, the time of taking and returning the same, together with the forfeiture arising from every default. He shall deliver to any Subscriber to the Circulating Library, applying personally, or to his written order, one work, or not more than 3 volumes And generally he shall in all things obey the orders from time to time of the Board.67 Another interesting side-light on the founding of this library and typical of the Victorian age is revealed in a letter from the Governor to the Attorney-General:— There ought to be some warning for ladies against the Decameron & Hep- tameron or, perhaps ... we ought to reserve them as books of reference The first librarian of this institution was William Edward Wynn Williams,69 who perhaps is better known as the former editor of The Scorpion, a scurrilous newspaper which made its (67) Rules and Regulations for the Management of the Public Lih New Westminster, n.p., n.d. (68) Frederick Seymour to H. P. P. Crease, August 25, 1865, Archives of B.C. (69) His appointment was dated July 7, 1865, according to an end< ment on a letter Robert Jesse to the Colonial Secretary, June 26, 1865, MS. Archives of B.C. Williams was last heard of in San Francisco, where he committed suicide on February 8,1876. Victoria Colonist, February 15,1876. 1947 Books and Libraries. 175 appearance in New Westminster for a short time during the spring of 1864. In January, 1866, Williams sailed for England, and in his stead George Ramsay was appointed librarian.70 His career was short-lived, for in July he was removed, having pleaded guilty and been imprisoned for stealing the gold specimens from the mineralogical museum attached to the library.71 Ramsay was succeeded by John B. Harris, and after August, 1867, W. E. Cormack was acting-librarian. Government aid to libraries in the colony was continued during 1866 and 1867,72 and the New Westminster institution seems to have flourished.78 However, by 1868 the colony generally was in a serious plight financially, and as a result Government support was withdrawn,74 and in consequence early in April, 1868, the library was closed. The citizens, however, were determined that they should not be deprived of the benefits of a public library. By the end of February, when it had become generally known that Government aid would not be continued, a public meeting was held and a new proposal adopted. An annual subscription of $5, entitling members to all privileges, was advocated, and the library was to be placed under a board of management comprising nine members, two-thirds of whom were to be elected by the subscribers and the remaining one-third appointed by the Municipal Council. The leaders in this movement were Dr. McNaughton Jones, Richard Wolfenden, and R. Dickinson.76 Later the scheme was modified to permit monthly fees of 50 cents or 25 cents weekly without the privilege of using the circulating library.76 This proposal was approved by the ex-Royal Engi- 66, MS., Archives of B.C. (72) The sum of $1,500 was placed in the Estimates for the years 1866 and 1867 for the benefit of public libraries. (73) A mineral exhibit was added in October, 1865, and a bulletin-board provided, on which the latest news was posted. See New Westminster British Columbian, October 14,1865. The library was now open on Sundays from 2 p.m. to 9 p.m., and the lighting arrangements were improved. See ibid., August 26, 1865. (74) W. A. G. Young to W. K. Bull, March 9, 1868, MS. Letterbook, Archives of B.C. (75) New Westminster British Columbian, March 4, 1868. (76) Ibid., March 11, 1868. 176 Madge Wolfenden. July neers, who agreed that their library should remain with the reorganized institution.77 On this basis the library was reopened on July 9,1868,78 and continued to function until the end of the colonial period. Unlike Victoria, where privately operated libraries and reading-rooms had flourished, in New Westminster there does not appear to have been a similar development. At the time when it was feared that the public library might be discontinued, the stationery firm of G. C. Clarkson announced that they had established " a Circulating Library, to which they add new Books by every steamer."79 This would appear to be the only venture of this sort to function in the Mainland city. Hope and Yale. The establishment of a library at Fort Hope is a tribute to the energy and foresight of Rev. A. D. Pringle. In September, 1859, in an advertisement in the New Westminster Times, the " Fort Hope Reading Room and Library " was announced, and an appeal was made for $400 for the purchase of a house and lot to accommodate an institution which would provide " respectable and readable newspapers of various nations and politics . . . together with all the standard Reviews and Periodicals."80 To this end donations had already been promised by many leading personages in both colonies. The proposal was brought to the attention of Governor Douglas, who not only consented to act as patron, but also made a donation of $50. In a letter to the Governor, Pringle thus outlined the aims and purposes of the institution:— The Institution contemplates a Reading Room with a Circulating Library, and a Permanent Library attached to it. The first subscription is to be $5.00, and afterwards a monthly subscription of $1.00 each member. . . . The primary object of the founders of the Fort Hope Reading Room and Library is, to offer mental recreation and enjoyment as a restorative to physical exertion and labor, not to the residents of Fort Hope only, but more especially to the large and important class of men engaged in gold mining, (777 Ibid. (78) Ibid., July Henry Holbrook, A. Rylatt. (79) Ibid., February 15, 1868. (80) Victoria New Westminster Times, September 17, 1859. 1947 Books and Libraries. 177 whose temporal success and moral and mental elevation, it is our interest as our ardent desire to further.81 Pringle had a very high regard for the miners and for their interest in good literature. The miners as a class are fond of deeper literature. In their cabins may be found books of devotion, history, and science, and their conversation tone of feeling, and practical achievments testify to familiarity with their contents.82 Jason Allard, too, has spoken of the well-educated miners that he met at Fort Yale as a boy. Many of them brought books with them which they left with the young lad when it became obvious that they could not be taken farther up the river to the mines.83 In the beginning Pringle evidently envisaged a library admin- istered.by the subscribers. But this plan he abandoned for the following reason:— The present state of society in British Columbia, and its changeful character, make it impossible to arrange a form of self-government, which shall ensure the efficient carrying on of the institution upon such a broad and safe basis as will ensure its stability as a permanent advantage to the town and locality.84 He was, however, determined to proceed with the project upon his own responsibility and under his own management. The building he had had in prospect was purchased for $400 at his own expense and the donations that had been received were considered as loans bearing interest at 10 per cent. He thus described his ultimate expectations:— I do not consider it in the light of a private speculation, by any means, for I shall earnestly and hopefully desire the time when I can make over the library, house, and half the lot I have purchased, as a free gift on approved conditions to this town. . . .86 The library, thus planned, was opened to the public on December 1,185986—the first library to be established in the Mainland (81) Rev. A. D. Pringle to Governor Douglas, September 22, 1859, published in ibid., October 11, 1859. (82) Ibid., October 11, 1859. (83) B. A. McKelvie, "Jason Allard: Fur-trader, Prince, and Gentleman," British Columbia Historical Quarterly, IX. (1945), pp. 249, 250. (84) Letter to the editor, signed by A. D. Pringle, dated at Fort Hope, October 11, 1859, Victoria New Westminster Times, October 18, 1859. (85) Ibid., October 18, 1859. (86) Ibid., November 15, 1859. 178 Madge Wolfenden. 'July colony. In many respects it could be compared to the other colonial Literary Institutes of the day, serving in a measure as a club, with provisions for lectures and social intercourse. It is unfortunate that its subsequent history is obscure. At Fort Yale a Literary Institute was formed during the winter of 1862-63, according to a correspondent of the British Columbian. We can now muster thirty members in our Institute, with constant accessions from week to week. Various untoward circumstances delayed its formation till somewhat late in the season, but we have already been able to cater to the intellectual requirements of the town to a considerable extent. . . .87 Like many another institute of its description, its popularity and fortunes 'fluctuated. Late in 1864 a reorganization was effected, for during that year but one meeting had been held— a debate on the union of the two colonies. Robert Thomas became librarian,88 and, while the institute apparently flourished during the spring of 1865,89 later that year it ceased to function, no doubt due to the fact that the mining population had moved on to other localities. Passing reference is made to a similar institute at Lillooet, said to have had its beginning a year prior to that at Yale,90 but whether or not it boasted a library has not been determined. Cariboo. As in New Westminster and Hope, where the clergy of the Anglican Church were active in promoting library development, so in Cariboo the intellectual, as well as the spiritual, needs of the miners were not overlooked. In the summer of 1863 Rev. John Sheepshanks took " an excellent selection of books " with him to Cariboo. The library which was organized in connection with the church comprised " many of the best authors such as Shakespeare, Scott, Byron, Moore, Swift, Franklin, Pope and many others," showing, as Rev. A. D. Pringle had discovered, that the miners were not all of the rough sort, but numbered amongst their ranks men of all professions, men of education and (87) New Westminster British Columbian, February 7, 1863, correspondent's letter dated January 20, 1863. (88) Victoria Vancouver Times, December 1, 1864. (89) New Westminster British Columbian, April 15, 1865. (90) Ibid., February 7, 1863. 1947 Books and Libraries. 179 culture from all walks of life.91 That this service was used and appreciated is evidenced by an extract from a letter written at Camerontown, February 22,1864:— There is not much amusement except in reading the books which the clergy brought among us last summer, and there is not one of them to be had now, being all scattered through the country.^ This situation was shortly to be improved, for in the spring of 1864 the Cariboo Literary Institute came into being at Camerontown. This society incorporated in its plans a reading- room, I the building of which is to be commenced to-morrow," according to -the Cariboo correspondent of the Victoria Evening Express writing on March 27, 1864.93 A thousand dollars had already been subscribed, and formal application for a piece of ground was made in May and a lot of "no great commercial value " was granted to assist the Camerontown citizens in their praiseworthy enterprise.94 The library, was opened on June 7, with Miss Florence Wilson, of Victoria, as its first librarian. As she had brought with her a large quantity of books, a circulating library was planned as part of this enterprise.96 Miss Wilson, who has the distinction of being the first woman engaged in library work in what is now the Province of British Columbia, had operated a book and stationery shop in Victoria since 1862. She travelled to Cariboo by Barnard's first express in March, 1864, and remained at Williams Creek until the following January when she returned to the coast after a hard trip, partly on foot through deep snow.96 For a short time during 1865 she visited the mines in Idaho, but the lure of Cariboo attracted her to the north again, this time to open a saloon at Barkerville. She was one of the charter members of the Cariboo Dramatic Society and acted regularly at the Theatre Royal between the years 1868 and 1871. (91) Victoria Colonist, August 3, 1863. (92) Victoria Evening Express, March 11, 1864. (93) Ibid., April 6, 1864. (94) W. G. Cox to the Colonial Secretary, May 14,1864, MS., Archives of B.C. (95) Letter of Cariboo correspondent, dated at Williams Creek, June 8, 1864, Victoria Evening Express, June 18, 1864. (96) New Westminster North Pacific Times, February 15, 1865. 180 Madge Wolfenden. July For a time after the departure of Miss Wilson the reading- room was closed. But a reorganization was soon effected. A committee raised subscriptions, and Gold Commissioner W. G. Cox and other officials at Richfield purchased the library of some 130 volumes that Miss Wilson had brought to Cariboo and donated it to the reading-room.97 John Bowron became the new librarian,98 and his public-spirited efforts to maintain an adequate library for the use of the miners on the very limited budget provided is a fascinating story.99 At his own expense, Bowron put up a building at Camerontown and later at Barkerville, when the centre of population had moved to that locality. Owing to misunderstandings on both sides, he was never reimbursed for his various outlays of money.100 By June, 1865, the subscription rate had been reduced to $2 per month, and new books were being constantly added to the shelves.101 With the appearance of the newspaper Cariboo Sentinel, Bowron found a strong ally in urging the needs of his institution upon the public attention.102 From 1865 to 1867 a Government grant-in-aid was made available, as had been the case in New Westminster. That the institution was flourishing is evidenced by the fact that in the fall of 1865 it was announced that the debts against the building had been paid off and a small credit balance was on hand—largely the result of the " zeal and untiring exertions of Librarian John Bowron."108 The story of this library is very similar to that of other pioneer library efforts in the colony. Lectures, debates, musical and dramatic entertainments were sponsored. Governor Seymour was sympathetic and made numerous personal donations to the institution.104 But located as it was in Cariboo, the expense (97) New Westminster British Columbian, April 4, 1865. (98) Ibid., May 26, 1866. (99) This is to be found in a series of letters that passed between Chartres Brew and H. M. Ball, Gold Commissioners at Richfield, and the Colonial Secretary during the years 1864-70. (100) John Bowron Memorial, April 13, 1870, enclosed in R. W. W. Carrall to Governor Musgrave, April 23, 1870, MS., Archives of B.C. (101) Barkerville Cariboo Sentinel, June 6, 1865. (102) Ibid., June 12 and July 15,1865. (103) Victoria Colonist, October 27,1865; Barkerville Cariboo Sentinel, October 14, 1865. (104) Ibid., July 15,1865; October 14, 1865. 1947 Books and Libraries. 181 of transporting books, magazines, and newspapers was a heavy burden, and often irksome delays interfered with delivery of orders.105 Eventually permission was granted by the Government to rescind the postage on magazines and newspapers.106 John Bowron was determined that the Caribooites should have their books, and the reading-room and his generosity and enthusiasm stand as an example to many citizens to-day. He kept the library open for twelve hours a day, and had it not been that he received a small remuneration from the Government as Postmaster, he would not have been able to carry on.107 During 1866 the library continued to operate at Camerontown. Some idea of its progress is to be gathered from the following statistics: October 1, 1865, 348 volumes, 85 subscribers; October 1, 1866, 437 volumes, 104 subscribers.108 Like most librarians, Bowron was constantly plagued by the failure of subscribers to return their books.109 From time to time adjustments were made in the scale of fees. Non-subscribers were permitted use of the reading-room at 25 cents a visit and were allowed to borrow single volumes at 50 cents each with a deposit of $1.110 Population was shifting in the Cariboo, and consequently it was decided to move the library to Barkerville. Bowron contributed personally the $1,750 necessary to construct the new building.111 On May 11, 1867, the library was officially opened in its new quarters. (105) As an example, books ordered in the fall of 1865 were not delivered until September, 1866. Ibid., September 3, 1866. (106) John Bowron to A. N. Birch, November 5, 1866, MS., Archives of B.C. The request was granted January 7, 1867. (107) Barkerville Cariboo Sentinel, May 10, 1866. (108) Ibid., October 22, 1866. (109) Ibid., July 2, 1866; September 19, 1867. An additional rather curious duty which fell to the librarian was " to have a register opened and kept in that institution wherein a record will be made of the names of all who are interred in the cemetery. . . ." Ibid., September 10, 1866. (110) Ibid., July 2, 1866. The suggestion was put forward in 1866 that a mineral exhibit be established [ibid., October 4, 1866]. This was evidently carried out but the gold specimens were soon stolen from the library [ibid., May 6, 1867]. (111) John Bowron Memorial, April 13, 1870, MS., Archives of B.C. Ultimately the Government contributed $475 towards defraying these expenses but assumed ownership of the building. 182 Madge Wolfenden. July The building has been divided off into three separate rooms, one for the Post Office, another for the sale of stationery and new books, and a large one for the News Room and Library. This latter apartment has been neatly and tastefully fitted up with every convenience that can add to the comfort of the members.112 Despite serious financial embarrassment, Bowron kept the library in operation at Barkerville, although for a time during the summer of 1868 it had to be closed because of the lack of financial support.113 Then, on September 16, disaster struck, for Barkerville was almost totally destroyed by fire. The building housing the library was razed, and while two-thirds of the books were saved, all were more or less damaged.114 Undeterred, Bowron once again fitted up a room for the post-office, and his beloved library116 and new books were purchased.116 In addition, friends in Victoria assisted in replacing the book-stock.117 The zeal of Bowron is to be found in his offer at that time to operate the library, providing the newspapers, the heat and light, in return for a monthly salary of $160, and in addition he undertook to reduce the subscription rates to $1 per month.118 To this offer the official reply was:— In the present uncertainty as to the effect which Omineca may have upon Barkerville, Gov[erno]r. thinks it undesirable to incur additional expense.11' Despite the hardships and lack of support, the Cariboo Institute continued to maintain its library. For a time in June, 1870, the prospect of having to close the institution was faced. Fees were reduced to $3 per quarter, and a committee undertook to enlist subscribers.120 Spurred on by the enthusiasm of its (112) Barkerville Cariboo Sentinel, May 13, 1867. (113) Ibid., July 19, 1868. (114) Ibid., September 22, 1868. (115) Chartres Brew to the Colonial Secretary, January 6, 1869, MS., Archives of B.C. (116) Ibid., October 10,1868, MS., Archives of B.C. (117) Barkerville Cariboo Sentinel, June 16 and July 31,1869. (118) J. S. Thompson to C. Brew, January 19, 1870, enclosed in C. Brew to the Colonial Secretary, January 21, 1870, MS., Archives of B.C. (119) Endorsement on ibid. (120) Barkerville Cariboo Sentinel, June 4, 1870. 1947 Books and Libraries. 183 librarian, the library continued to function until well after Confederation had been accomplished.121 Two other Cariboo libraries merit at least passing reference. The Roman Catholic Church in 1868 opened a circulating library of " Religious, Controversial, Historical, Biographical and Scientific Works . . . Historical and amusing Tales, Magazines, &c," in connection with St. Patrick's Church and under the direction of Father J. M. McGuckin.122 The only commercial library at Williams Creek seems to have been that maintained by the Occidental Cigar Store, which advertised the "largest stock of novels ever imported on the creek ... all the works of Modern Authors."123 Burrard Inlet. In the Vancouver Public Library is treasured an interesting old minute-book containing the early records of the first Mechanics' Institute to be formed on Burrard Inlet. The organizational meeting was held at S. P. Moody's mill on September 17, 1868, and the public library and reading-room was opened on January 23,1869, on which occasion Rev. Arthur Browning delivered an address entitled " Women."124 In the beginning it was named the " New London Mechanics' Institute," but later became known as the " Mechanics' Institute of Burrard Inlet."126 This library was the forerunner of the present Vancouver Public Library, the story of which is beyond the scope of this article. Nanaimo. The exact date of the founding of a library at the growing coal-mining town of Nanaimo is obscure. From a letter, dated January 20, 1863, in the Victoria Colonist, it is apparent that a library was then functioning in connection with the " St. Paul's (121) An excellent treatment of the Cariboo Institute's library is to be found in Isabel M. L. Bescoby, Some Aspects of Society in Cariboo from Its Discovery until 1871, a graduating essay submitted in partial fulfilment of the requirements for a B.A. degree at the University of British Columbia, pp. 111-116. (122) Barkerville Cariboo Sentinel, September 22,1868. (123) Ibid., June 17, 1865. (124) Victoria Colonist, February 8, 1869. (125) F. W. Howay, "Early Settlement on Burrard Inlet," British 184 Madge Wolfenden. July Central School and Hall of Improvement" established.by the Anglican church. ... the " Literary Institute and Society," inaugurated with the opening of this building has not realized the expectation of its founders, though it gave birth to a public " News and Reading Room" kindly given for the purpose by C. S. Nicol, Esq., and of which he is President.126 Presumably it was this organization which set out in August, 1864, to raise funds for the erection of a " splendid and commodious Hall" on a site donated by the Vancouver Coal Company. At that time the library was in a prosperous condition; there was a considerable number of books in a circulating library, as well as a general reference collection, and newspapers and periodicals were available.127 The efforts to raise funds were partially successful, for on November 15 Governor Kennedy, at a pompous ceremony, laid the foundation stone of the building.128 Delay set in and it was not until fully a year later that the building was ready for occupancy.129 The Nanaimo Institute, like most of its sister institutions in the two colonies of Vancouver Island and British Columbia, enjoyed a checkered career, if one may judge by the various newspaper reports. Complaints of its mismanagement, lack of lectures, etc., etc., run through the pages of the Nanaimo Gazette for some months.130 During 1866 Mr. P. Hume acted as librarian, and at that time the subscription rates were 50 cents per month, or $5 per year, with life membership set at $30.181 Research has not revealed exactly how long was its career. In 1867 its secretary, Mark Bate, wrote to the Colonial Secretary requesting their share of the moneys voted for Mechanics' Institutes and informed him that a commodious building housed a lecture-hall, reading- room, library and committee room, and that the library comprised nearly 450 volumes, all voluntary donations from the directors of the Vancouver Coal Company and of private gentle- (126) Letter signed by Jordayne C. Browne Cave, Victoria Colonist, January 24, 1863. (127) New Westminster British Columbian, August 20, 1864. (128) Ibid., November 19, 1864. (129) Nanaimo Gazette, September 11, 1865; November 13, 1865. (130) Ibid., July 10, August 21, November 13, and November 27, 1865; January 29 and February 5, 1866. (131) Ibid., January 15, 1866; also ibid., September 1, 1866. 1947 Books and Libraries. 185 men.132 After the incorporation of the city in 1874 the institute building became the City Hall, continuing as such until the present time, when it is being vacated for a larger and more modern structure. Cowichan. By 1871 a library had come into being in this agricultural settlement, again largely through the instrumentality of the Anglican church. We have established, thanks to the zealous exertions of Messrs. H. and E. Marriner and their friends in England, " a Lending Library," which already numbers a goodly array of volumes though many more would be equally and thankfully welcomed. It is much appreciated, and will during the present long winter evenings prove a great boon.!S3 According to Kenneth Duncan, the historian of the area, this library was managed by the " Cowichan Lending Library and Literary Institute," and was at first housed in the mission school. Later it was moved to a log building on Jaynes Road and still later to the institute hall on Trunk Road, where it remained until transferred to Duncan. During the early years of its history it provided many of the settlers with the only reading matter they were able to obtain. A debating society was organized in conjunction with the library in its early days, and doubtless was of much interest and instruction to many of our pioneers.1?* Kootenay. In March, 1865, when the Legislative'Council of British Columbia provided $300 for the libraries in New Westminster and Cariboo, a similar sum was voted for a library in Kootenay.136 Little information regarding this institution has come to light. However, in 1866, when an irate Cariboo miner was protesting through the columns of the British Columbian the non-delivery of books which had been ordered many months (133) Thirteenth Annual Report of the Missions of the Church o England in British Columbia for the Year 1871, London, 1872, p. 14. (134) Kenneth Duncan, History of Cowichan, n.p., n.d., p. 6. (135) New Westminster British Columbian, March 7, 1865. 186 Madge Wolfenden. previously for the Cariboo library, the editor made the following comment:— The fact is the books so kindly purchased by Governor Seymour, in San Francisco, were packed up in two cases, one for Cariboo and one for Kootenay. Both cases were forwarded to their respective destinations. . . .186 In so far as the Kootenay library is concerned the destination still remains a mystery. From the foregoing sketch of the various library activities of colonial times it is good to span the years to survey the scene which exists to-day, with substantial public and reference libraries in the main centres of the Province and the far-reaching library extension services now available to readers. The story of library development is an interesting but rather sad one, for its progress has been marked by many set-backs and much apathy on the part of the general public. Madge Wolfenden. Victoria, B.C. (136) Ibid., March 3, 1866. HIS HONOUR'S HONOUR: JUDGE BEGBIE AND THE COTTONWOOD SCANDAL.* During the colonial period, rumour of corruption in high places spread through the two colonies. These reports almost invariably adverted to the participation on the part of government officials in speculation in mines and in land. While there was no law existing that forbade government servants to own property or invest money in local enterprises, Governor Douglas very properly circularized all officials, forbidding them to make use of their authority and information for private speculation and investment.1 In the matter of land, in which speculation appears to have been rife, the existing laws made it possible for officials to secure by pre-emption, or by outright purchase, large parcels in areas where there were signs of an influx of settlers, or where there was likelihood of a town developing. Under the Proclamation of January 4, 1860, generally known as the " Pre-emption Act," British subjects and aliens who took the oath of allegiance could pre-empt land at a cheap rate and under attractive terms.2 The pre-emptor was required to enter into possession and to record his claim to any quantity not exceeding 160 acres with the nearest magistrate. The recording fee was 8 shillings. After continuous occupation and the improvement of the property to the value of 10 shillings an acre the pre-emptor could apply to the local magistrate for a certificate of improvements. This entitled him to complete payment for the property at a rate not exceeding 10 shillings an acre and so secure a Crown grant or clear title. The pre-emptor could, after the certificate of improvements had been granted, transfer his interests to a purchaser who could complete the payments to the Crown. The pre-emptor * The third in a series of four articles dealing with the career of Sir Matthew Baillie Begbie. (1) F. W. Laing, Colonial Farm Settlers on the Mainland of British Columbia, 1858-1871, MS., Archives of B.C. tions, 1858-1865. (2) " Pre-emption Act, January 4, 1860," British Columbia Proclama- British Columbia Historical Quarterly. Vol. XI.. No. 3. 187 188 Sydney G. Pettit. July was also permitted to acquire adjoining land. In the Proclamation of January 20, 1860, provision was made for the sale of suburban lots and surveyed country lands by auction and, when unsold by auction, by private sale at the price of 10 shillings an acre. As a result of this enactment, large areas were bought as soon as the Royal Engineers had completed the surveys. This legislation, of course, had been passed with a view to establishing farming communities in the colony and, as such,'was a wise provision on the part of the authorities. Unfortunately, however, it did not prove to be sufficiently ironclad to prevent speculation. In the matter of pre-emptions there was a number of loopholes, of which the shrewd among the miners and government officials took advantage. When, for instance, it became apparent that the development of a new mining area would be followed by an influx of population and the growth of a town to serve as a distributing centre for the new diggings, speculators would pre-empt land, secure certificates of improvements from easy-going magistrates, and sell it as an entire block, or in even more profitable quantities as town lots. Officials seldom inquired too closely into the matter of improvements, and pre-emptions were not always recorded at the office of the nearest magistrate. The informality of recording is illustrated by a pre-emption claim at Lac la Hache.8 As the local magistrate was absent, two claimants appeared before Judge Begbie, who was holding court at Bridge Creek, and submitted their claims. These were, as usual, written on blank paper, and the Judge scribbled an endorsement on them. He took no steps to see that they were recorded with the local magistrate. One of the applicants took this step on his own volition, but the other did not. The latter subsequently obtained a certificate of improvements from a magistrate at Clinton who, it seems, was satisfied with Begbie's endorsement and accepted the petitioner's word for the validity of the improvements. Sixteen years later, in 1878, the same man submitted these rough documents, of which the Government had no record, and obtained his Crown grant. Under these conditions it was easy to obtain land, and a Government ruling in 1861 definitely restricted local magistrates in the exercise of discretionary powers when claims were made. (3) Laing, op. tit, p. 10. 1947 His Honour's Honour. 189 In a letter dated April 3,1861, to C. Brew, the magistrate at New Westminster who had succeeded Mr. Spalding, the Colonial Secretary wrote:— ... It appears to His Excellency . . . that Mr. Spalding, when acting as recording officer ... was in the habit of refusing to Record pre-emption claims by reason of the land being already recorded, or occupied, or for some other reason; whereas it is the duty of the recording officer to accept any record which may be tendered to him, even though at the time he may be privately of opinion that the document is valueless: because every applicant has a right to form his own opinion and to make his own claim, and to support his own right as he legally may, and he is not to be prevented from asserting those rights by any ones [sic] private opinion. . . A This ruling, which was embodied in a circular letter on April 20,1860, opened the way for speculation.5 It was now possible to pre-empt land in any place where the Government was about to make reservations for a townsite, the magistrates being powerless to refuse such petitions. At first sight the ruling seems to have been something of an unqualified blunder. Governor Douglas, however, did not have the activities of the private speculators in mind when he directed Secretary Young to issue these instructions. Having learned that government officials were up to their ears in speculation, he decided to render such activities impossible in the future. To prevent magistrates from refusing to record pre-emptions on land they themselves desired, he issued the circular cited above. That the instructions opened the way for the public to speculate was an oversight. His second step was direct and final. He instructed Young to write directly to the officials involved, ordering them to abstain from such activities and admonishing them severely.6 Governor Douglas' investigations revealed that while the magistrates were not seriously implicated in land speculation, either by pre-emption or by the manipulation of the sale of surveyed lands, higher officials were deeply involved. There is no evidence to show that Judge Begbie was guilty, but Douglas discovered that Colonel Moody, through the advantages he enjoyed as Chief Commissioner of Lands and Works, had secured in the (4) Colonial Secretary to Archives of B.C. Also cited ir (5) Ibid., pp. 10, 11. (6) Ibid., p. 11. 190 Sydney G. Pettit. July New Westminster district alone nearly 2,000 acres.7 The Governor's views on the matter and a strong prohibition were expressed in a circular letter dated April 5, 1861. In addition, Secretary Young wrote a curt letter to Moody on the same date.8 A similar communication was sent to George Hunter Cary, the Attorney- General. It summarized his activities and contained a sharp rebuke.9 So far as Cary was concerned, Governor Douglas' letter had a salutary effect. He made no further acquisitions and allowed his various claims to lapse. Colonel Moody, however, seems to have disregarded the Governor's instructions and to have continued to purchase land up to the time of his departure for England in 1863.10 Similar rumours of speculation in mining claims on the part of government servants began to circulate. When the tide of public indignation had risen to a considerable height, the Daily British Colonist came out with a strong but not immoderate article on the subject.11 It made no accusations or allegations, but pointed out that public servants, including members of the judiciary, should be prohibited from speculation of this kind in the interest of good government and the dignity of the law. Nine days later, on October 30, 1862, the Colonial Secretary, acting on instructions from the Governor, sent a circular to all government officials stating that the practice must stop and that all public servants owning mining property must either relinquish it or resign.12 In the meantime Magistrate Elwyn had read the article in the Colonist of October 21, and, on the same day that Secretary Young sent out the circulars, wrote to him from Lillooet, stating that he owned a share in a claim at Williams Creek, and that rather than give it up, he was prepared to resign if Governor Douglas wished him to do so.13 Judge Begbie also received a circular, but his (7) Ibid., p. 11. (8) Ibid., p. 12. (9) Ibid., p. 12. (10) /Mi, p. 11. (11) Victoria Colonist, October 21, 1862. (12) Colonial Secretary, circular letter, October 30, 1862, MS. Letter- book, Archives of B.C. (13) Thomas Elwyn to W. A. G. Young, October 30,1862, Elwyn Letters, MS., Archives of B.C. 1947 His Honour's Honour. 191 letter to Young was not couched in the mild and complaisant terms employed by Elwyn. He asked whether the circular was addressed to him specifically. His closing words were a preliminary rumble of the volcanic indignation that was to follow in a later communication:— . . . I am at a loss to know whether I am to consider the circular . . . as being addressed to myself. I am unwilling to assume it to be so intended, as I sho[ul]d. in that case, with whatever pain, feel compelled to answer it at greater length than by the mere acknowledgement of its receipt.14 On the same day, November 5, Young wrote to ask the Judge outright whether or not he had an interest in a mining claim in Cariboo.15 Before an answer was forthcoming to this pointed question, he received Begbie's letter of November 5 and wrote a cool, sharp reply. After explaining the nature of the circular, he gave the Judge's knuckles a rap:— . . . His Excell[enc]y. does not quite comprehend your observation as to your unwillingness to assume that it has any reference to you, and as to the pain it would cause you to reply to that Circular at greater length than by a mere acknowledgment.16 The Judge's indignation knew no bounds when he received Young's letter of November 5. After the usual curt, official acknowledgments he gave reign to his feelings:— . ... I entirely deny the right of any man (except in a suit properly instituted) to have any answer from me at all concerning my own private property—either in or out of this colony—and I reserve to myself the entire right of answering or refusing to answer any questions of the above character for the future. On the present occasion however I feel at liberty to inform you that I do not hold and have never yet held any mining claim or any part of any mining claim in the Cariboo district or elsewhere in this Colony or in Vancouver Island either in my own right or as trustee for any other person.17 He had, however, given some cause for gossip, as he was compelled to admit in the next paragraph :— Where reports are, as in the present instance, entirely harmless and indifferent, it is often difficult to assign any foundation for them. But if the (14) Begbie to W. A. G. Young, November 5, 1862, Begbie Letters, MS., Archives of B.C. (15) W. A. G. Young to Begbie, November 5, 1862, MS. Letterbook, Archives of B.C. (16) Ibid. (17) Begbie to W. A. G. Young, November 19,1862, Begbie Letters, MS., Archives of B.C. 192 Sydney G. Pettit. July report to w[hi]ch. you allude be the same w[hi]ch. has often been talked of in my presence, it may (if I may hazard a guess) have very naturally arisen from the circumstance that in September last while at Williams Creek, I advanced some money to a Mr. H. P. Walker, to enable him to complete the purchase money for an interest in a mining claim there, w[hi]ch. he purchased accordingly.^ In some sense therefore it is perfectly true, even, that I am interested in that claim: for it certainly is a possible contingency, that if that claim turns out to be unremunerative I shall not be repaid my advance so soon, perhaps not at all, as wo[ul]d. be the case if it should turn out to be rich. But upon that claim itself specifically I have no mortgage, nor lien, nor any declaration of trust relating to the whole or any part of In closing he lapsed from the legalities of the above and gave expression to his angry indignation once more:— The enumeration of these details appears to me so impertinent that I sho[uI]d. not know in what terms to apologize for communicating them in a public despatch, were it not that they really seem to be inquired after in your despatch of the 5th instant. Governor Douglas accepted this letter as an unqualified contradiction of the charges made, and intimated his deep satisfaction in the matter. Rumours, he said, were being sedulously spread in London as well as in British Columbia, and he was glad to be in a position to forward a denial to the home authorities should they require it. He pointed out, however, that where private interests were reported to be conflicting with public duties, it was the duty of the Executive to pursue the fullest inquiries.19 Elwyn was loth to resign and, before doing so, pointed out to Young thatthe miners' complaint that it was impossible to obtain justice while members of the judiciary were mixed up in mining claims had, so far as he was concerned, no foundation in fact. Of over 120 mining disputes settled in his court during the season of 1862, only two had been appealed, and in each case his decision had been sustained in the Supreme Court by Judge Begbie.20 (18) The share was purchased from a man named Travis. Walker was a barrister, who, in December of the same year, acted for Gus. Wright in the second Cranford trial. During the trial Judge Begbie showed marked partiality to Walker. (19) W. A. G. Young to Begbie, December 1, 1862, MS. Letterbook, Archives of B.C. (20) Thomas Elwyn to Governor Douglas, December 9, 1862, Elwyn Letters, MS., Archives of B.C. 1947 His Honour's Honour. 193 He felt compelled to bow to the Governor's wishes, however, and, rather than give up his interests, tendered his resignation in the same mail.21 While Judge Begbie's explanation and Elwyn's resignation gave satisfaction to Governor Douglas, they did not greatly allay public dissatisfaction and suspicion. There were, indeed, not a few in the colony who continued to be critical and antagonistic. The reform element in the two colonies, led by Amor de Cosmos and John Robson, regarded all official misdemeanors as the inevitable result of arbitrary government. In British Columbia, which was governed largely from Vancouver Island by a governor and officials whom many colonists regarded as despots, Judge Begbie came to be a symbol of all that was bad in arbitrary rule. He had already fallen foul of juries and barristers, and was, at the time of the dispute about to be described, up to his ears in the Cranford trials. His conduct in these cases brought discredit to him as a judge and to the judiciary of which he was the head. He was handsome, courtly, and physically impressive, and he was probably the best-educated man in the colony. These qualities, which won respect in some, engendered a sense of inferiority in others, which in its turn begot antagonism and malice. He was opinionated and ironic in conversation, and, when angered, his sarcasm cut like a whip. It is not surprising that people were ready to believe the worst of him and anxious for a chance to malign him. Such an attack came only a week after the Judge had written to deny participation in the mining venture in Cariboo. On November 26 an anonymous letter appeared in the British Columbian, hinting broadly that Judge Begbie had accepted a bribe to secure grant of a certificate of improvements on a preemption at Cottonwood.22 It was a long letter, bearing the date November 7,1862, and the letter A as the signature of the anonymous correspondent. A reference to the evils of gambling lends support to the view that the writer was the Rev. Arthur Browning, who had no use, it appears, for the tolerance accorded to (21) Thomas Elwyn to W. A. G. Young, December 9, 1862, Elwyn Letters, MS., Archives of B.C. (22) New Westminster British Columbian, November 26, 1862. 194 Sydney G. Pettit. July gaming by the Governor and the judiciary.23 Beginning with references to Elwyn and his constables, and to Begbie's loan which enabled Walker to buy a share in Travis' claim, A then brought out a new allegation, based on information he had recently acquired at Williams Lake, to the effect that the Judge had received a gift of 20 acres in return for using his influence to obtain a certificate of improvement. The letter ran as follows:— To the Editor of the British Columbian. Sir.—There is an old proverb about closing the stable door, &c, its verification may be seen in a late circular issued by the Government. I knew, the magistrates knew, the public knew, that a Constable in Elwyn's office was working two claims during his tenure of office, and that he only held his position while the success of those claims was doubtful. Others in that office hold not one claim but many; and it is said that the virtuous Elwyn will look upon this circular as a most precious vehicle of resignation. That the Chief Justice signed the cheque assuring Travis of his pay is well known, and as there are more ways of killing a cat &c, why it is just possible that His Honor may have received dividends without purchasing a certificate. What is the difference between a good mining claim and a desirable preemption claim. If Judge Begbie could accept 20 acres of land from Dud Moreland, and if the said Moreland could, on appeal to the said Judge procurd[sic] a certificate of improvement in opposition to the will of the resident Magistrate, why he, the saie [sic] Judge, can hold a claim, or twenty, and feel no qualms of conscience withal. The fact is, sir, that much of the action of official residents in Cariboo was a burlesque on the majesty of British law. Constables whose poverty was conspicuous previous to their entering Cariboo, could, on a merely nominal salary, venture on an outlay of risk from which prudent men of means would have shrunk. The superiors of these men so far as discountenancing set the example of venality. Thus officers and officials became creatures of interest and the instruments of all who had prospects to offer in exchange. I blame not the needy for this, but the Government who appointed and sustained them. There are men in this Colony, and in the magisterial corps too, above reproach. It is the interest of every executive to appoint such men with salaries approximating at least to their necessities. Let the officers of these men be men of character also, and let us hear no more of needy spendthrifts being placed in positions of responsibility merely to " make a raise." I cannot close this without adverting to the most abortive efforts of the Chief Justice and the magisterial corps of Cariboo in the matter of gambling. The chink, chink of the gambling table—the curses of its devotees—nay, even the dead victim of its fury told with startling vividness its horrors. nthe 1947 His Honour's Honour. 195 Yet no hand arrested its course, no official power denounced its presence. It may be proper, it is surely easy, to scathe a poor wretch on whom the verdict of "guilty" has just fallen; but it would cause us to see in our Chief Justice a nearer approach to the fearless dignity of the British Bench did he arrest the vitality of crime by the destruction of its cause. New Westminster, Nov. 7th, 1862. As his letter to Young, denying participation in mining ventures; indicates, Judge Begbie was very sensitive about his personal honour. He had already had much to endure in the way of sharp criticism from the British Columbian, and he was now stung beyond endurance. On the Monday following the publication of A's letter, December 1, he called the editor, John Robson, a future Premier of the Province of British Columbia, to court, and on the following day sentenced him to prison for contempt of court. There is difference of opinion to this day as to whether Judge Begbie was guilty of accepting a bribe from Dud Moreland and his associates. The question is also asked whether he was involved in illegal speculation in land. As no less a person than the late Judge Howay considered Begbie to be seriously implicated, it is well to examine in detail the various events that had led up to A's famous letter.24 Just south of the mountains where the rich strikes were made in 1862 there lay an open prairie land, bounded by Lightning Creek and the Cottonwood River. At the junction of these streams the forest was scanty, the soil good, feed plentiful, and the area as a whole made an excellent point of departure for the mountains to the north. The place was soon to be known as Cottonwood. Some few miles to the east, on Lightning Creek, where the new road intersected that stream, was another spot which gave promise of becoming a farming and distributing centre. Known as Vanwinkle, it served as a stopping-place for government officials on their journeys to the mines. Writing from this place on July 15, 1862, Magistrate O'Reilly informed Secretary Young that a number of speculators had taken land, without even trying to pre-empt it, and were already parcelling it out and selling town lots. He went on to say that he had put (24) Ibid., p. 664. 196 Sydney G. Pettit. July a stop to this practice and ordered them to take out proper preemption claims. This the speculators did without a murmur.26 Further along the creek, at Cottonwood, similar activities were taking place. In the files of the Provincial Department of Lands there is a pre-emption record for July 23, 1862, showing that on that date D. C. Moreland and James C. Wade had duly pre-empted 160 acres. The record indicates that a certificate of improvements had been obtained, but no date is evident. None of the records shows the name of the official who granted the preemption or the certificate of improvements. This parcel is officially recorded as Lot 437. The adjoining parcel of 160 acres, Lot 438, was pre-empted by George M. Cox two days later, on July 25. The following notation is written on the record: " This claim was previously recorded by him June 14th, 1862." The record states further that a certificate of improvements had been granted, but no date is given, nor is the name of the recording magistrate.26 News of this speculation soon reached the Coast, for on July 30 the British Columbian printed an article on the subject.27 Apart from two questionable statements, the report was accurate and very properly insisted that the Government should take steps to prevent sharp practice of this kind.28 Describing the value of the land as a potential townsite, the article continued:— . . . Three shrewd Americans seeing all this, have, we are informed, preempted three sections of 160 acres each, in such a manner as to comprise all that would be available for the purposes above indicated; and, having laid off a portion of it in town lots, are actually selling them at $250 a piece! Now, while we cannot but admire the shrewd enterprise thus evinced by these persons, we are not blind to the impropriety of permitting this sort of thing to be carried on for very obvious reasons. In the first place, these men, being foreigners, can acquire no rights to the soil, and cannot, of course, give titles with the lots, to those who are green enough to purchase (25) Peter O'Reilly to W. A. G. Young, July 15, 1862, O'Reilly Letters, MS., Archives of B.C. (26) British Columbia, Department of Lands, Land Pre-emption Records, Cariboo District, Cottonwood and Lightning Creek Area, Lots 437, 438, P/R 169, 170. For a copy of the actual records, see Laing, op. tit, p. 331. Mr. Laing does not give the chain of titles that follows these records in the Department of Lands files cited above. (27) New Westminster British Columbian, July 30, 1862. (28) The records fail to show that Moreland sold any land whatsoever. These men pre-empted two, not three, parcels. 1947 His Honour's Honour. 197 from them; so that the business of selling such lots is, under these circum- 5ut apart from that, it would be the duty of the Government tc 1, securing tc proceeds, provided a town is likely to spring up there. We are informed that parties have been warned off, and given to understand that unless they purchase lots they cannot be allowed upon the ground. The authorities would do well to give this subject immediate attention. By August, Magistrate O'Reilly had moved down to Cottonwood from Vanwinkle. In a letter to Young on the first of that month he reported that Moreland, Wade, and Cox had pre-empted land there, and that there was every sign that a town would soon be established. The letter contains no comments on the legality of these pre-emptions, and no request is made for information or instructions on the matter.29 He had met Judge Begbie there, and may very well have discussed the question with him, and not agreeing with him, may have sent this letter to obtain official comment and to clear himself should the Government take steps in the matter. Two weeks later, on August 15, he wrote again, saying that Judge Begbie was still laid up with rheumatism at Cottonwood. He stated that Begbie was pleased with the work Cox had done on the road to Quesnel. Cox, it appears, had secured a contract from O'Reilly on August 1 to repair the road. On August 16 Magistrate O'Reilly wrote again to Young, sending an application from Moreland, Cox, and Wade for a contract to build a bridge across the Swift River at its junction with Lightning Creek.80 This bridge, of course, would bring the Quesnel Road right onto Cox's pre-emption. The application was made on July 23, the day that Moreland and Wade made their pre-emption claim, and two days before Cox made his. It would appear that these three Americans were working together in a very close partnership, and, as we shall see from remarks of Dud More- (29) Peter O'Reilly to W. A. G. Young, August 1,1862, O'Reilly Letters, MS., Archives of B.C. (30) Peter O'Reilly to W. A. G. Young, August 15 and 16, 1862, O'Reilly Letters, MS., Archives of B.C. Swift River and Lightning Creek combine to form the Cottonwood. The Swift River was commonly referred to as the Cottonwood. 198 Sydney G. Pettit. July land's, they probably held the two pre-emptions jointly, with Moreland as the chief partner.31 In the meantime Lieutenant Palmer of the Royal Engineers was journeying to Cottonwood to take stock of the situation there. He had broken his barometer on the way up country and was anxious to conceal this from Judge Begbie, who was bound to use the information to dispute his calculations. Palmer's antagonism to the Judge is reflected in his letter to Moody from Alexandria on August 17:— ... In Cariboo we shall doubtless meet with a good deal of adventure & recognize acquaintances up to their elbows in mud. I am so sorry Col, about the Barometer. I did my best to preserve it & gloried in its usefulness. If I meet the " Arch Enemy " I musn't let him know I am reduced to boiling water. He must be shut up and my altitude whatever it may be thrust well down his throat. Happily, his Latitude of Alexandria is 6 miles out, his longitude probably 18'—I'm spiteful, but I can't help it. He has no business to be mapping when there are R.E.'s in the country.82 Palmer travelled northward and made his headquarters at what he called " Van Winkle City." His letter from that place on August 27, addressed to Moody, indicates that he had no specific instructions as to his actions at Cottonwood, but it may be inferred that he had general orders to reserve any land that he thought might be required for a townsite :— ... I trust to be able on my return to sketch for you a really fair map of the Cariboo district, a map that will be of value to miners & others, and thus Messrs. Begbie, Epner & Co. will I sincerely hope, be " played out." ... I omitted to mention that Cottonwood is the name given to the junction of Lightning Creek with Swift River, the spot I have reserved as a town site, and where a small mining settlement & store depot has already sprung up—of course the whole of the land is already pre-empted and Master Begbie has his finger in the pie, but I can't help that. . . . I have also to tell you that O'Reilly fully coincides with me in considering that the mouth of Lightning Creek possesses many advantages as a town site. ... I trust you will therefore approve of the responsibility I have assumed in reserving for the Govt, a portion of the land in this neighborhood suitable for a town, & in posting a Public Notice to this effect, a copy of which accompanies this letter.ss (31) It is possible that they took the oath of allegiance to the Queen and so made their pre-emptions valid. (32) H. S. Palmer to R. C. Moody, August 17, 1862, Palmer Letters, MS., Archives of B.C. (33) Ibid., August 27, 1862, Palmer Letters, MS., Archives of B.C. 1947 His Honour's Honour. 199 It is apparent from this communication that O'Reilly, who was a firm friend of Begbie's, and Lieutenant Palmer, who was not, were both in agreement that the area was suited by nature and circumstance for a townsite, and should be reserved for the Government without delay. Palmer had also heard, and apparently believed, that Judge Begbie was involved in illegal speculation in land. What conversation he had with O'Reilly about this is not to be ascertained from the sources available at this time. Magistrate O'Reilly kept a careful diary throughout his life, but unfortunately it has not been made available to students of the period. As the resident magistrate in the district, it was O'Reilly to whom the Cottonwood pre-emptors made their claims and whom, according to A's letter, Judge Begbie had requested to grant certificates of improvements against his better judgment. A letter written from Vanwinkle on September 2 explains his part in the transaction.84 Evidently uneasy about the situation, particularly after Palmer had reserved the land in question, he decided to make his position clear to Governor Douglas. He had visited Williams Creek on August 30, where he learned that Cox was about to apply to the Supreme Court through H. P. Walker for a mandamus to compel him, O'Reilly, to grant a certificate of improvements. He went on to describe the circumstances under which he had refused to grant this to Cox. According to O'Reilly, Cox had made application to him to pre-empt land at Cottonwood on July 25. At that time, O'Reilly said, no improvements had been made, so he pointed out to Cox that in all probability the land would be required by the Government, and that an officer of the Royal Engineers was then on his way to Cottonwood to make what reservations he considered necessary. Cox lost no time, for, as O'Reilly stated, he commenced to improve the land that very day, July 25, and on the following day, two hours before the arrival of Lieutenant Palmer, sent him certificates signed by two witnesses declaring that he had improved the land to the extent of 10 shillings an acre. On the next day, July 27, Cox appeared in person and applied for a certificate of improvements. This, O'Reilly stated, he refused to grant, because, not wishing to G. Young, September 2, 1862, O'Reilly 200 Sydney G. Pettit. July throw obstacles in the way of the Government, he did not care to take such a step without authority from the Governor. At this point Cox applied for the mandamus, and when O'Reilly appeared in court, Judge Begbie ruled that the complainant was entitled to the certificate and ordered O'Reilly to issue it. Magistrate O'Reilly carefully enclosed a copy of the mandamus with his report. Two other people were at Williams Lake at the time of Cox's application. One was the mysterious A, and the other was Dud Moreland. Before the court opened, A and Moreland met and stopped for a chat. During the conversation, which, of course, led to the anonymous letter, Moreland spoke of the transactions as if he, and not Cox and Wade, were the pre-emptor, the applicant for the certificate of improvements, and the complainant in the forthcoming mandamus. It is to be concluded that Moreland, Cox, and Wade were in very close association, with Moreland as chief. Such an arrangement is a possible basis for the statements made by Moreland to A and in a subsequent letter to the press. On the other hand, irrespective of a close partnership, he may have been an overtalkative man, given to using the first personal pronoun on every occasion. Of all the contemporary sources, Judge Begbie's Court Notebook is the most barren of data. His notes for December 1,1862, the day on which Robson was arraigned for contempt of court, were very brief indeed, and on the following day, when he sentenced the editor to jail, there is no entry at all. From Begbie's brief headings and Robson's editorials it is possible to piece together the general tenor of his remarks on that occasion when he won the title of " Tyrant Judge." Although the court was to sit at ten o'clock, Judge Begbie did not make his entry till eleven-thirty. Upon taking his seat, he said he felt compelled to take notice of what he considered to be a gross contempt of court. He had read in the past, on many occasions, improper articles dealing with his conduct, but he had chosen to disregard them, as they were frequently so incorrect that they did not deserve notice. The statements contained in the letter signed by A, however, constituted a direct innuendo that he accepted 20 acres as an inducement to give a false judgment in mandamus, and so constituted a direct 1947 His Honour's Honour. 201 contempt of court that could not be permitted to pass. This innuendo, he continued, was entirely false. He had not accepted a gift of land, and there was not a shadow of foundation to the motives alleged.36 Begbie went on to explain the events which had given rise to what he considered a scandalous report. He had been taken ill at Cottonwood and, as he was unable to travel, wished to erect a small house for shelter and warmth. He applied to Cox for a piece of land. Cox offered him a site in his own garden or any other site that he might select at any price he cared to pay. As might be expected, Begbie chose a piece of land a short distance from the garden and offered Cox 10 shillings an acre. As the latter was a pre-emptor and had, therefore, no right to sell, the Judge gave him his note for the sum and registered his own claim to pre-empt the 20 acres. At this point John Robson's account closes, although he stated that the Judge went on to explain at great length the law in the matter of his ordering O'Reilly to grant the certificate of improvements to Cox. Judge Begbie closed his address by stating that John Robson, in publishing A's communication, was guilty of a gross contempt of court and ordered him to appear the next day to show cause why he should not be committed to prison. On the following day the editor made his appearance and stated that A was not at the time accessible. He was thus only in a position to say that if the implied charge were untrue, he regretted its publication. This qualified apology brought an outburst from the Judge. He informed Robson that he had given the statement his emphatic contradiction the day before and that a qualified apology aggravated the form of the offence. When the editor declined to make any further statement, Begbie turned to a police officer and ordered him to lock him up.86 Robson went to jail amidst the cheers of the large crowd that had assembled outside the court-house. He knew that his incarceration would be regarded by a large section of the population of the two colonies as an act of intolerable tyranny, and that at the price of a painless martydom he would become the recog- (35) Judge M. B. Begbie, Court Notebook, December 1,1862, to April 16, 1863, pp. 1, 2, MS., Archives of B.C. (36) New Westminster British Columbian, December 3, 1862. 202 Sydney G. Pettit. July nized champion of civil liberty. That night between 400 and 500 people attended a public meeting to protest Judge Begbie's action. Councillor Ramage of New Westminster took the chair; resolutions were passed and arrangements made for the preparation of a memorial to be sent to the Secretary of State in London. At the close of the meeting the citizens marched to the jail to cheer the imprisoned editor. Robson, who had been permitted to take writing materials with him to prison, wrote his famous editorial entitled "A Voice. From the Dungeon!" which appeared in print on the following Saturday. He addressed his readers as follows:— Fellow colonists! We greet you from our dungeon. Startled by the wild shrieks of a dying maniac on the one hand, and the clanking of the murderer's chains on the other, while the foul and scant atmosphere of cell, loaded with noxious effluvia from the filthy dens occupied by lunatics, renders life almost intolerable, our readers will overlook any incoherency or want of connected thought in our writings. . . .87 Describing himself as the victim of a deadly blow that had been struck at liberty, he went on to say that his own fate was the fate of an obscure individual, and implored his readers not to endanger their own freedom by attempting to liberate him. The cause was the thing. As for himself, Robson continued, he was sustained by the thought that, like Garibaldi, he, too, was lying in jail, suffering for the cause of human liberty. He felt, too, a kinship with Epictetus, for, in closing, he wrote:— The press of British Columbia is virtually enslaved. There are two ways of being enslaved—that of Spartacus and that of Epictetus. The one breaks his chains; the other shows his soul. When the fettered writer cannot have recourse to the first method, the second remains for him. Accept—all of you—our deep feelings of grateful emotion, and, having truth and liberty inscribed upon your banner, Heaven will smile upon your path and crown with glorious success your war against oppression and This article appeared, it is needless to say, on the front page. When Robson's readers turned to page 3, they must have been conscious of a sense of anti-climax as they read the hasty postscript:— Liberated. Since writing the article on our first page we have been discharged from custody. Further particulars in our next. (37) Ibid., December 6, 1862. 1947 His Honour's Honour. 203 It was not a change of heart on the part of Judge Begbie, however, that effected Robson's release. It was a change of mind on the part of the martyred editor himself. Whether the " noxious effluvia " was too much for him, or whether he felt that liberty and his own interests could be better served outside the prison walls, is not certain. On Friday, December 5, he requested to be taken before Judge Begbie and, on arriving at court, presented him a written statement. Upon reading this, Judge Begbie ordered Robson's release. The statement that Robson had written appeared in print as a part of a bold editorial in the next issue of the British Columbian.** Strictly speaking, it was a limited or qualified apology. Robson, it will be noticed, confined himself to saying that he regretted publishing the innuendo that Judge Begbie had accepted the land as a gift. He made no apology for the other imputations in the letter and, as we shall see, continued in a series of articles to question Judge Begbie's part in the transaction at Cottonwood. His apology was as follows:— May it please Your Lordship The communication signed A, which appeared in the " British Columbian " newspaper of the 24th ult. was published in the ordinary course of business, and was only cursorily glanced over by me before it was handed to the compositor, and I was not aware that anything it contained could be construed into a contempt of Court, otherwise it would not have been inserted in that paper. Your Lordship stated on the Bench that you paid ten shillings per acre for the land which the communication implied you accepted as a gift; consequently the communication contained a statement not warranted by facts; and I have to express my regret, and offer my apology for allowing such statement to be published in the said " British Columbian " newspaper. . . . John Robson then reviewed the case in very strong terms. He stated that the transaction did not stand in any better odour so far as Judge Begbie was concerned than it had since he " rendered the dirt more palpable, by provoking public criticism." What, he asked, had been the object of Cox and his partners in offering such generous terms and accepting so low a price when they were refusing to sell other lots because they anticipated a great increase in values? And again, if the press were not to be permitted to criticize Judge Begbie's speculations, no matter how (38)" Ibid., December 10, 1862. 204 Sydney G. Pettit. July deserving they were of stricture, to what extremes of corruption could His Lordship not go? On December 13 another letter from A appeared in the paper. A, who had been following events very closely, wrote to validate some of his statements with additional information.89 According to this letter, he had met Dud Moreland at Williams Lake early in September. Moreland complained to A of an article in the Colonist which had accused him of parcelling out land at Cottonwood into town lots and of selling them at high prices.40 He denied that he had done this, and said that the only land that he had disposed of was the 20 acres he had given Judge Begbie. At this point A asked Moreland whether this land was for government use, and Moreland replied that it was not. A then inquired whether this was the land for which O'Reilly had refused to grant a certificate of improvements. Moreland said that it was from the same parcel, and that he intended to sue Mr. O'Reilly for obstructing him in this manner. Since the pre-emption records, O'Reilly's letter, and Begbie's order of court instructing O'Reilly to grant the certificate of improvements all bear Cox's name, Moreland's statement is confusing. A correspondent writing under the nom de plume Libertas declared that Moreland had sold the land to Cox and Wade, presumably at the time Judge Begbie acquired the 20 acres, and so referred to the land as his either from habit or because the other two men had not completed their payment.41 The records of the Department of Lands show that no such transfer was made. It may be supposed that Moreland was a senior partner or associate in the enterprise and so had acquired the habit of referring to the property as his. As another alternative, it may be suggested that he was the kind of man given to speaking in the first person. Reassured by A's second letter, Robson resumed the attack. On December 27 he wrote an article demanding that a chief (39) Ibid., December 13,1862. (40) Moreland was in error, for the article complained of had appeared in the New Westminster British Columbian, July 30, 1862, and not in the Victoria Colonist. (41) New Westminster British Columbian, December 13, 1862. 1947 His Honour's Honour. 205 justice be appointed. He considered that the volume of litigation and the vast extent of Judge Begbie's circuit was too great a task for one man, and that in cases of crime and debt the accused were held too long in jail pending trial. Robson urged also, and with good sense, that with the appointment of a chief justice a Court of Appeal should be established, not only because such a court was a necessary part of any judicial system, but also because it would serve as a check on Judge Begbie, in whose competence and justice few people longer had any confidence.42 The demand for a Court of Appeal was a shrewd stroke. Quite apart from Judge Begbie's shortcomings, it was, as Robson pointed out, very necessary. It would scarcely be possible to have the Judge dismissed, but if another judge were appointed as chief justice, Begbie would be both humiliated and limited in his powers. Robson was ready for a campaign to attain this end, and as a preliminary stroke he announced: " We publish to-day the first chapter of the history of the Cranford wrongs, including an account of the two celebrated trials, Wright vs. Cranford, at Lillooet, and Cranford vs. Wright, at New Westminster."43 Robson, however, was soon to have more ammunition from Cottonwood at his disposal. On January 17, 1863, the Daily British Colonist published a letter from Dud Moreland which purported to exonerate Judge Begbie, but which actually made matters worse for him. Moreland, who seemed to be quite unaware that so much of the case hung on whether or not Begbie had accepted the 20 acres as a gift, declared outright that he had given him the land, and that he had a perfect right to give Judge Begbie or any other person any part of his property when he saw fit to do so.44 Moreland's letter was something of a bombshell, for it flatly contradicted Judge Begbie's statement in court that he had paid Cox 10 shillings an acre for the land. So far as Robson and his supporters were concerned, it was proof positive that the Judge had accepted a bribe to secure a certificate of improvements, and that he had taken part in illegal speculation. On January 26, (42) Ibid., December 27, 1862. (43) Ibid., December 27,1862. (44) Victoria Colonist, January 17,1863. 206 Sydney G. Pettit. July 1863, A wrote a triumphant letter to declare that he had been right and that Robson had played a " manly and consistent course in the Begbie imbroglio."45 In the issue that contained A's letter, Robson declared that Judge Begbie's position was darker than ever. He closed the article as follows:— . . . and we may very safely leave to the public the task of drawing their own inferences as to which has the strongest inducement to depart from the truth, the giver or the receiver, as well as to decide whether "A" was not justified after all in writing, and we in publishing, that sentence which it suited his Lordship's purpose to construe into contempt of Court! Judge Begbie may truly exclaim " save me from my friends " if they are all as indiscreet as his Cottonwood admirer. Verily this ugly cloud grows blacker and blacker.46 This editorial contained strong words, imputations that could be construed as libellous. Perhaps Robson was deliberately challenging Judge Begbie to take action. The Judge, however, remained silent, and so did most of his friends. Two people, who could scarcely claim more than acquaintance, took up cudgels for him. The first was an Irishman, Felix O'Byrne, who, writing under the name Philo-Junius, embarked on a series of letters beginning on March 12, 1863.47 While he did Begbie no harm as Moreland had done, O'Byrne was carried away by his own verbosity and failed to contribute anything to the Judge's defence save abuse. He described Robson's articles as being " the emanation of a morbid mind, inspired by chaotic effusion of the head, rancorous malignity of heart, and the most fetid pruriency of imagination." Begbie's other champion, the Rev. A. D. Pringle, an Anglican clergyman at Hope, wrote a long, temperate letter to the British Columbian which appeared in the issue of April 29, 1863. Pringle chided Robson for his style of writing and suggested that it would have served the honour of all concerned better if he had sent a memorial to the authorities in London. Pringle had no argument to offer, save that it was impossible to believe that Judge Begbie would stoop to the practices alleged.48 Robson fell on both contributors, abused them roundly, and declared that O'Byrne was a hireling of Begbie.49 In a later (45) New Westminster British Columbian, January 31,1863. (46) Ibid., January 31, 1863. (47) Victoria Colonist, March 12, 1863. (48) New Westminster British Columbian, April 29,1863. (49) Ibid., April 4, 1863; see also ibid., June 23, 1866. 1947 His Honour's Honour. 207 issue he reported that he was among the Fenians who, in June, 1866, were reported to be gathering to attack British Columbia.60 He published with considerable glee news of O'Byrne's being arraigned by the American authorities for embezzlement.61 Such are the available facts of the Cottonwood land deal and the famous contempt of court case. Had Judge Begbie accepted 20 acres of land as a bribe to secure a certificate of improvements? Providing that he purchased the land at 10 shillings an acre and recorded his own pre-emption claim, was he involved in speculation? If he was innocent of both charges, was he justified in putting John Robson in jail? So far as the direct evidence is concerned, there is his word against that of A and Moreland. But as A based his accusation on a conversation with the latter, it is really a matter of More- land's word against that of the Judge. Since Moreland made several statements that were incorrect, it might be concluded that he was again in error when he said and wrote " gave," and that he should have said " sold." Judge Begbie was, with the scarcely possible exception of his loan to Walker, free of any personal taint so far as his personal integrity was concerned. Many of those who knew him who are alive to-day declare him the soul of honour and laugh at the notion of his accepting a bribe. In the second place, Governor Douglas appears to have been satisfied that the Judge was not involved, for there is no correspondence on the matter. Had he entertained any doubts, Douglas would have made an investigation, as he had done when he received reports that Begbie had bought a share in Travis' claim at Williams Creek. Douglas had not hesitated to reprimand Cary and Moody for their speculations in land. It is not likely that he would have overlooked similar lapses on the part of Judge Begbie. There are good grounds for belief that the Judge acquired the land for special personal uses. He rode one of the largest circuits in the British Empire, for the area under his jurisdiction extended from the Pacific coast to the Rockies and from the International Boundary to the northern creeks of Cariboo. He travelled over this vast area in all seasons, through snow 208 Sydney G. Pettit. July and rain and in the scorching heat of the Interior summers. J. T. Scott, in a letter to the British Columbian, gives us a glimpse of the Judge on circuit in late October:— . . . The next morning I was up in good season, and as Antler Creek was only 25 miles distant, after a hurried breakfast I was again on the road. On going up the Snow-shoe Mountain I met with Judge Begbie and suite, toiling their way over the, snowcapped peaks of Cariboo. . . .62 The Judge's own account of his life in the Interior, while less colourful, gives a more realistic picture of his hardships:— . . . North of Quesnelle River the two Commissioners during the past season fixed their respective head quarters at Williams Creek and at Van Winkle, these being the principle [sic] clusters of stores and miners in the Cariboo district. At Williams Creek a log house was built by Mr. Elwyn, w[hi]ch being divided across the middle gave accommodation for writing in the one half, a space of about 12 ft. by 16 ft—and on the other half, of equal size but possessing the inestimable luxury of a fireplace, Mr. Elwyn, his secretary, and 3 constables had bunks piled upon each other, in w[hi]ch each man could spread his blankets separately. At Van Winkle, Mr. O'Reilly had not found the means of providing himself with any such luxury—and the whole of the business of the district had to be conducted in a tent, w[hi]ch was the sole protection against the weather for him, and the books and records of the district. The climate in the Cariboo is at times exceedingly wet, as in all high mountainous regions—and it is not unusual to have torrents of rain for a week together almost without intermission. The tent being the same as my own, (a single tent 15 ell size, of the Hudson's Bay Co.) I suppose withstands the weather no better than my own—and although it answers very well in tolerable weather or even for few days of rain, and where the camp is changed from time to time, I find that my tent becomes occasionally covered with mildew in the inside, while it is impossible to keep books &c. dry, and all writing & recording is carried on at the greatest inconvenience. Besides, the ground being constantly cold & damp, and there being no opportunity of approaching a fire without going out into the heavy rain all cooking, or drying any articles of apparel becomes extremely irksome: and all officers who have to remain for any length of time in that district ought to be provided at least with one room having a fireplace where they may at least be sure to meet a dry place to lie on, and the means of warming themselves and drying their clothes, keeping their books &c. and placing a table so as to be able to write.68 It is thus not a matter for surprise that the Judge contracted rheumatism. He was laid up with it at Cottonwood in the sum- (52) J. T. Scott, "A trip to Cariboo," ibid., October 31,1861. (53) Begbie to W. A. G. Young, undated but received January 19,1863, "Begbie Letters, MS., Archives of B.C. 1947 His Honour's Honour. 209 mer of 186264 and, as he stated in court, obtained land from Cox to build suitable living-quarters. Since living conditions were so harsh and the Government was not disposed to provide accommodation for its officers, it is probable that Judge Begbie decided to set up quarters for himself, at his own expense. This explanation occurred to the editor of the Daily British Colonist, but he was not prepared to accept it on the grounds that 20 acres was a large piece of land on which to build a house.65 But Judge Begbie had special requirements. When he rode circuit in the autumn of 1861, he had a train of twelve horses, three of which were his own. He would naturally want pasturage, space for a barn and corrals, and perhaps a field for hay.66 In that case 20 acres would not be an excessive quantity of land. Another part of the charge against him is the allegation that he compelled Magistrate O'Reilly to grant Cox a certificate of improvements. His enemies took this as evidence of a bargain between him and the Cottonwood partners that the certificate was a quid pro quo for the 20 acres. Begbie, it seems, explained the law to O'Reilly, who then acceded to Cox's petition in mandamus. Although there is no record of the Judge's interpretation, it is possible to deduce his opinion from his correspondence and from the existing laws. It will be recalled that under the Governor's ruling in his circular of April 20, 1860, a magistrate could not refuse to record a pre-emption claim. O'Reilly had been, therefore, technically wrong in stating his objection to Cox's claim. He had also refused to grant a certificate of improvements because, as he stated at the time, the land was shortly to be reserved for the Government. If Cox, as O'Reilly believed, had commenced to make his improvements just twenty-four hours before making application for his certificate, it is hard to conceive that "he was able to increase the value of his land to the extent of £80 in that time. How, in explaining the law to O'Reilly, did Judge Begbie (54) Peter O'Reilly to W. A. G. Young, August 15, 1862, O'Reilly Letters, MS., Archives of B.C. (55) Victoria Colonist, December 4,1862. (56) Begbie to Governor Douglas, February 21, 1862, Begbie Letters, 210 Sydney G. Pettit. justify this claim? It will be recalled that Cox presented twp testimonials to certify that he had made the requisite improvements. Judge Begbie may have considered them valid because Cox had worked on the land for a longer period than O'Reilly believed, or he may have ruled that they must be accepted without question, in the spirit of the circular of 1860. He was fond of broad interpretations of this kind. Believing that law was made for man and that statutes were confusing, he preferred to consider a problem in law from common sense and personal knowledge of the case. He approved of Cox's work on the roads and probably decided that he was worthy of the grant. As for the objection so frequently made that the Cottonwood partners were Americans and therefore not eligible to hold land, it may be pointed out that by the "Aliens Act" of 1859 the means of naturalization were simple. There remains one more question, that of the justice of imprisoning John Robson. There can be no doubt that the publication to which Judge Begbie took exception contained matter that constituted a libel and as such could be construed as a contempt of court. To have instituted proceedings for libel might have been a more satisfactory method, but where, or in what courts, could the case be heard? Had the Judge given Robson a little more than a day in which to prepare his defence, no one could question the steps he took. The foregoing is not a defence of Judge Begbie. It is, rather, an interpretation of certain events made in the light of his habits of mind and methods of procedure. On the whole, it seems that the evidence for hirii is stronger than that brought against him. But when circumstantial evidence is involved and important data is not available, there is in this case, as in all others, a certain residue of uncertainty. One fact alone may be taken as the last word. There is no record that any of the partners sold land at the time of the scandal. There is no record of Judge Begbie's pre-emption claim, no sign that he obtained a certificate of improvements or secured a Crown grant. His name never appears in the chain of titles that extends from 1862 to 1901. 1 Victoria, B.C. Sydney G. Pettit. SIR JAMES DOUGLAS, K.C.B.: THE FATHER OF BRITISH COLUMBIA.* James Douglas was a Scot—a lowland Scot. His birth date and birth place are still uncertain. According to the date in the old account book which he kept in New Caledonia—one of the treasures of the Provincial Archives—he was born on June 5, 1803. On his tombstone in the Ross Bay Cemetery the date is given as August 15, 1803. There is a family tradition that he was born in Lanarkshire, Scotland, but it is often claimed that he was born in Demerara, British Guiana.1 His father, John Douglas, owned sugar estates in Demerara. In a private notebook in which he kept his opinions of his subordinates in the fur trade, Sir George Simpson described Douglas as a " Scotch West Indian."2 Young Douglas attended a preparatory school in Lanark and according to a family tradition he was later sent to school at Chester, in England. According to the same tradition his French tutor was an imigre, and from him young James acquired a polished French accent which was still noticeable when he visited Paris nearly forty years later. James Douglas' brother, Alexander, entered the service of the North West Company in 1818.8 The next year, James Doug- * The substance of an address delivered before the Victoria Section of the British Columbia Historical Association on the occasion of the unveiling of the Tablet erected by the Historic Sites and Monuments Board of Canada to the memory of Sir James Douglas in the Parliament Buildings, Victoria, B.C., November 19, 1946. (1) W. N. Sage, Sir James Douglas and British Columbia, Toronto, 1930, pp. 14-15. (2) Douglas MacKay, The Honourable Company: A History of the Hudson's Bay Company, Toronto, 1938, p. 200. See also E. E. Rich (ed.), The Letters of John McLoughlin from Fort Vancouver to the Governor and Committee, Third Series, 1844-46, London, 1944, p. 310. (Hereafter cited as McLoughlin's Fort Vancouver Letters, Third Series.) (3) R. -H. Fleming (ed.), Minutes of Council Northern Department of Rupert Land, 1821-31, London, 1940, p. 436. (Hereafter cited as Minutes of Council, 1821-31.) 212 Walter N. Sage. July las followed his brother to British North America. He left Liverpool on board the brig Matthews on May 7, 1819, and arrived at Quebec on June 28. After spending several months at Fort William, the depot of the North West Company on Lake Superior, Douglas was in the summer of 1820 sent inland to Ile-a-la-Crosse in what is now northern Saskatchewan. He evidently travelled with the English River brigade which was under the charge of John Thomson, a bourgeois or partner of the North West Company.4 According to an entry in the old account book to which reference has already been made Douglas arrived at Ile-a-la-Crosse in September, 1820. Little is known of James Douglas' life at that post. When the union of the North West and Hudson's Bay Companies took place in 1821 Douglas was entered on the books of the new company as a second-class clerk and a "promising young man."6 His salary was then £15 sterling (£16 13s. 4d. Halifax currency or 200 North West livres). In 1823 while still at Ile-a-la-Crosse Douglas received a visit from his brother, Alexander. The next year Alexander, who had wintered at York Factory, sailed for England in the Hudson's Bay Company's ship Prince of Wales. He was quitting the service for which he seems to have been none too well fitted.6 James Douglas, on the other hand, was doing well and in April, 1825, was sent still farther inland. He seems to have spent the summer of 1825 in charge of Fort Vermillion, Peace River.7 It was while at this post that Douglas appears to have written the essay on the habits and customs of the natives of the vicinity which is preserved in the Provincial Archives. The bluish foolscap paper on which it is written was originally used for a memorandum signed by Joseph McGillivray at Fort Vermillion on May 14, 1820. It may be inferred that Douglas found this old scrap of paper and used the back of it for his essay. (4) For a biographical note on John Thomson see W. S. Wallace (ed.), Documents Relating to the North West Company, Toronto, 1934, pp. 502-3. (5) McLaughlin's Fort Vancouver Letters, Third Series, p. 310. (6) Minutes of Council, 1821-31, p. 437. See also ibid., p. 85. (7) The Minutes of Council for July, 1825, give the summer arrangements for Fort Vermillion as "A Clerk and 3 men including the Interpreter." . Ibid., p. 73. See also McLoughlin's Fort Vancouver Letters, Third Series, p. 310. 1947 Sir James Douglas, K.C.B. 213 The stay at Fort Vermillion was only a halt on the road to New Caledonia. According to the arrangements made at the Council of the Northern Department of Rupert's Land held at York Factory in July, 1825, Douglas was posted to Fort McLeod on McLeod's Lake.8 At the same time he was re-engaged as a clerk for a three-year term at an annual salary of £60. John Tod, his senior at Fort McLeod, was to receive £100 a year for three years.9 Although his salary was still low, Douglas was steadily gaining experience. What is more, he was to find a friend, and a future father-in-law, in New Caledonia in the person of Chief Factor William Connolly. In the spring of 1826 Douglas seems to have been transferred to Fort St. James, Stuart Lake. William Connolly wrote in the Fort St. James journal on April 18,1826:— Mr. Douglas's salary I consider as inadequate to his merit. ... He has served Six years of apprenticeship under able Masters during which period he has acquired a good knowledge of the trade, of the General character of Indians & of the Method observed in Conducting the business—which added to a good Education, sound sense, and a frame of body and of mind able to carry him through any difficulty, qualify him in a high degree, for the service in which he is Engaged.'0 At its meeting in 1825 the Council of the Northern Department passed the following resolution:— 20. That William Connolly be directed to take out the New Caledonia Returns to Fort Vancouver (Columbia River) next Spring, from whence he is to receive the ensuing Outfit for 1826.H Obedient to these orders Connolly, taking Douglas with him, left Fort St. James with the New Caledonia brigade on May 5,1826. The route followed was the well-known brigade trail: by boat to Alexandria, overland by horse to Kamloops and down the west side of Lake Okanagan to Fort Okanagan at the junction of the Okanagan and Columbia rivers. At Fort Okanagan Connolly and Douglas joined the Spokane brigade under John Work and proceeded to Fort Vancouver by boat. According to Connolly's journal in the Hudson's Bay Company's Archives the date of arrival at the depot on the Columbia was June 15. The Spokane (8) Minutes of Council, 1821-31, p. 105. (9) Ibid., p. 122. (10) McLaughlin's Fort Vancouver Letters, Third Series, p. 310. (11) Minutes of Council, 1821-31, p. 106. 214 Walter N. Sage. July brigade left Fort Vancouver for the interior early in July. Douglas accompanied Work on a horse-trading expedition up the Snake River and rejoined the New Caledonia brigade at Fort Okanagan.12 Connolly and Douglas were back at Fort St. James on September 23, 1826. In October Douglas was sent with the interpreter Waccan and three men to " meet the Secannies of the mountains " and to trade with them. His reconnaissance was successful and in the summer of 1827 he was given the duty of establishing a post on Bear Lake.13 He returned to Stuart Lake for the winter. On April 27,1828, James Douglas married Amelia Connolly at Fort St. James. Although he had previously given notice of his intention of retiring from the fur trade in 1828 when his contract expired, an offer of £100 a year for three years evidently was of great assistance in causing him to change his mind.14 It may be that Amelia Douglas exerted some influence also! Douglas remained for two years more at Fort St. James. During the summer of 1828 he was placed in charge of the fort while Connolly went with the Trade returns to Fort Vancouver. It was a hard summer for Douglas, who almost lost his life in an encounter with the Carrier Indians. His young wife saved the day for him by bestowing gifts on the disaffected natives. But bad blood still existed, and in November he was assaulted by the Indians of Fraser Lake. On September 17, 1828, Governor George Simpson arrived at Stuart Lake and was duly received by Douglas. Connolly unexpectedly arrived from the Columbia (12) McLoughlin's Fort Vancouver Letters, Third Series, p. 310. Work gives the date as June 12, but in all probability Work and Douglas were among the first to arrive at Fort Vancouver and Connolly came later. \ See also Sage, op. tit, p. 39. A similar discrepancy of date is to be found when the brigade left Fort Vancouver; Work and Douglas setting out on July 4, and Connolly on July 5. (13) McLoughlin's Fort Vancouver Letters,.Third Series, p. 811. A. G. Morice, History of the Northern Interior of British Columbia, Toronto, 1904, pp. 129-131, argues against the possibility of Douglas' foundation of this post and claims that Charles Ross was in charge of Fort Connolly on Bear Lake during the winter of 1826-27. However, from Connolly's journal in the Hudson's Bay Company's Archives it is evident that Douglas established the post in the summer of 1827 and that Ross wintered there in 1827-28. (14) Minutes of Council, 1821-31, p. 216. The appointment was for three years from June 1,1828. 1947 Sir James Douglas, K.C.B. 215 that afternoon and Douglas' moment of glory soon passed.16 In February, 1829, Connolly wrote to Simpson suggesting that Douglas be transferred to the Columbia. This transfer was duly authorized by the Council of the Northern Department at its meeting in June, 1829.16 News of his appointment to the Columbia arrived at Fort St. James towards the end of January, 1820, and on the thirtieth of that month Douglas " conformable to the orders of the Council" left for Fort Vancouver. So far Douglas' progress in the fur trade had been very slow but the turn of the tide came to him when he was sent to the Columbia. As accountant at Fort Vancouver he was constantly under the eye of Dr. John McLoughlin, one of the greatest figures in the history of the fur trade west of the Rocky Mountains. Governor Simpson also thought well of Douglas. In his private note-book dating from 1832 Simpson thus described Douglas:— ... A stout powerful active man of good conduct and respectable abilities:— tolerably well Educated, expresses himself clearly on paper, understands our Counting House business and is an excellent Trader. — Well qualified for any Service requiring bodily exertion firmness of mind and the exercise of Sound judgment, but furiously violent when roused. — Has every reason to look forward to early promotion and is a likely man to fill a place at our Council board in course of time. . . ." In December, 1834, Douglas was promoted to the commissioned rank of Chief Trader. The following March found him on his way overland to the Red River Settlement and on to York Factory. His journal, in pencil, is one of the treasures of our Provincial Archives. It gives a day by day account of a long and somewhat eventful journey. At the meeting of the Council of the Northern Department held at Lower Fort Garry on June 3, 1835, James Douglas received the coveted parchment of Chief Trader. In November, 1839, he was promoted to the rank of (15) This incident has been recorded in the journal of Chief Factor Archibald McDonald, who accompanied Simpson on this journey. See Malcolm McLeod (ed.), Peace River, a Canoe Voyage from Hudson's Bay to Pacific, by the late Sir George Simpson, in 1828, Ottawa, 1872, pp. 24-25. (16) Resolution 75 read, as follows: " That C. F. Connolly be directed to take the necessary measures to' forward James Douglas Clerk to the Columbia with the utmost expedition after the receipt of this instruction as that Gentleman is appointed to the Office of Accountant at Fort Vancouver." Minutes of Council, 1821-31, p. 245. See also p. 243. (17) MacKay, op. tit, p. 200. 216 Walter N. Sage. July Chief Factor and received his commission on October 2, 1840. This second promotion was in recognition of the work he had done during McLoughlin's absence in England in 1838-39. Douglas was "appointed to the principal management of the Establishment of Fort Vancouver and the other Posts &c on the Coast, and of the Trapping Expeditions likewise of the shipping. . . ."18 When McLoughlin returned to Fort Vancouver in 1839 Douglas resumed his former post as Accountant. In 1840 Douglas undertook two important tasks for the Company. He was sent north to Alaska in the spring of that year to take over the Stikine post from the Russians in accordance with an agreement made in 1839 between the Hudson's Bay and Russian American Companies.19 In the autumn he went to California to look into trading conditions there. When Sir George Simpson, in 1841, on his voyage around the world, went up the Alaskan coast, he took Douglas with him. Simpson's favourable impressions of Douglas may be judged from the following extract from a private letter written to Andrew Colvile under date of November 15, 1841:— Douglas . . . has long been under the Doctor [McLoughlin], & has acquired much of his mode of management, with perhaps a little more system; & being less over bearing in his disposition, will I think be very fit for the charge of this Depot [Fort Vancouver] whenever the Doctor may withdraw. . . .20 Dr. McLoughlin, however, showed no inclination of retiring from the service, and since Simpson was not yet ready to relieve him of his'command, Douglas remained in a subordinate capacity at Fort Vancouver. Events were moving at a break-neck speed during the early 1840's. The " Oregon Fever " had gripped the Middle West and covered waggons were creaking "the plains across." Dr. McLoughlin violently quarrelled with Simpson. It was a tangled skein, made up of various threads: differences as to trade policy, incompatibility, and above all the treatment of (18) McLoughlin's Fort Vancouver Letters, Third Series, p. 312. (19) For documents relating to this expedition, see W. E. Ireland (ed.), " James Douglas and the Russian American Company, 1840," British Columbia Historical Quarterly, V. (1941), pp. 53-66. (20) McLoughlin's Fort Vancouver Letters, Third Series, p. 313. 1947 Sir James Douglas, K.C.B. 217 the murderers of John McLoughlin, Jr.21 Douglas tried to steer a middle course and was, on the whole, successful. The arrival of the American settlers made plain the inevitability of the Hudson's Bay Company's withdrawal from the southern portion of Old Oregon. Ever since 1825 the British had hoped to retain the north bank of the Columbia but this was by no means certain. In 1842, Douglas made a reconnaissance for the Hudson's Bay Company of the south-east corner of Vancouver Island and reported in favour of the construction of a post. Fort Victoria was accordingly built under his orders in the spring of 1843. The Council of the Northern Department had already approved the construction of a new post on Juan de Fuca's Straits. By 1845 the Governor and Committee in London and the Governor and Council of the Northern Department in America had come to the decision that the business west of the Rocky Mountains should no longer be left in charge of one man. They resolved that for the Outfit 1845-46 a Board of Management should be set up for the Columbia District and that it should be composed of Dr. John McLoughlin, Peter Skene Ogden, and James Douglas. This was a blow to McLoughlin, who sent in his resignation to take effect in 1846. In January of that year the Doctor retired to Oregon City. He later became an American citizen and is still revered as the " Father of Oregon." His place on the Board of Management was filled by John Work, although Ogden, by right of seniority, became the presiding member. The Oregon Treaty of 1846 settled the international boundary west of the Rocky Mountains. The Hudson's Bay Company retained its posts south of the 49th parallel for some time but its days in Oregon Territory were numbered. The transfer of the depot from Fort Vancouver to Fort Victoria was completed by 1849. In that year Douglas moved his family north to Fort Victoria. Peter Skene Ogden remained at Fort Vancouver, but the future of the fur trade was now bound up with the territory north of the international boundary. (21) On this subject see th. three volumes of McLoughlin' Second Series, pp. i.-xlix. 218 Walter N. Sage. July Douglas was now forty-six years of age. He was one of the outstanding officers of the Hudson's Bay Company but probably not even he had yet dreamed of being a colonial governor under the British Crown. But once more he was swept on by the tide of events. The year 1849 witnessed not only the great gold-rush to California and the setting up of Oregon as a Territory of the United States. It was also the year in which for the second time the Hudson's Bay Company, none too willingly, tried its hand at colonization. To be sure, the Company had not commenced the Red River Settlement but had merely taken it over from the heirs of the fifth Earl of Selkirk. The Company well knew'that the arrival of settlers, especially Americans, meant the death knell of the fur trade. The rich Puget Sound region had been lost along with the north bank of the Columbia, but Vancouver Island and the mainland north of 49° had been retained. There were rumours that settlers were coming. The Mormons of Utah were looking for a new Canaan on the north-west Pacific Coast and an Irishman, James Edward Fitzgerald, had plans for a settlement. If the Honourable the Hudson's Bay Company did not wish for a repetition of what had happened in Oregon it was necessary for it to bestir itself and obtain permission from Her Majesty's Government to colonize Vancouver Island. There is no need here to retell the story of the formation of the Colony of Vancouver Island. Nor is it necessary to recount the woes of the first governor, Richard Blanshard. Suffice it to say that the Hudson's Bay Company, through their representative, sold the lands, collected the revenues, which were placed in the so-called "colonial fund," and were the de facto if not the de jure rulers of the island. The representative of the Company was, needless to say, Chief Factor James Douglas. When Blanshard left the colony in disgust the Colonial Office recognized existing conditions by appointing Douglas to be Governor of Vancouver Island. Douglas had come up the hard way. He had not attended any of the well-known English public schools nor had he matriculated at Oxford or Cambridge. He had not entered the Colonial Service and worked his way up. When other youths were construing Homer or Horace at Eton or Winchester he was at Fort William learning the rudiments of the fur trade.- Instead of reading ancient and modern philosophy 1947 Sm James Douglas, K.C.B. 219 in one of the older English or Scottish universities he was at Ile- a-la-Crosse or Fort Vermillion busying himself with beaver pelts, white fish, and Indian stores or else snatching time to write on carefully hoarded scraps of paper his opinions regarding the natives of the vicinity or recording the "manner of making a canoe " or the " dimensions of a bastard canoe."22 When young Colonial Office clerks were composing or transcribing dispatches for their superiors, Douglas at Fort Vancouver was making up fur trade accounts. But it was not a bad preparation for a colonial governor. Vancouver Island did not fit easily into the ordinary pattern of British colonial administration. The gold colony of British Columbia, established in 1858, fitted in even less. As a governor, James Douglas had certain advantages. He knew the country and he knew the people. Long ago he had learned how to deal kindly, but very firmly, with the natives. There never had been any repetition of the early troubles with the Carriers. During the last few years he had come to understand the American settlers pretty well. He commanded their respect although he did not attempt to gain their affection. But Douglas also had many defects as a governor. He was really untrained. He possessed, as he stated in a letter to Colonial Secretary Labouchere in 1856, " a very slender knowledge of legislation."28 He had no experience with the working of colonial legislatures. He found it extremely difficult to countenance political opposition, especially when that opposition came from the vitriolic pen of a journalist. Amor de Cosmos lost no time in finding the chinks in the governor's armour and in attacking him without mercy. Douglas, as an officer of the Hudson's Bay Company, was accustomed to authority. He could obey, but he could also command. To him " obedience " was " the very first and most important of our duties, like the A. B. C. in literature, the ground work of all our acquisitions in fact, the great principle which all persons entering the service should be taught to revere."24 But a colonial governor, especially one who has to (22) Sage, op. tit, pp. 24-26. (23) Douglas to Labouchere, May 22, 1856, Douglas letterbook, MS., Archives of B.C., quoted in Sage, op. tit, p. 189. (24) Extract of a letter to "Mr. A.," MS., Archives of B.C., quoted in Walter N. Sage. July I work with a Legislative Assembly, cannot order people around as could a chief factor in a fur trading district. From 1851 to 1858 Douglas was both a chief factor and a colonial governor. He was really in an impossible position, or rather, he would have been in such a position had not the colony of Vancouver Island been a mere fur trade preserve and not a genuine colony. When, in 1858, the gold-rush to Fraser River occurred, Douglas, by his conduct, showed that he could not serve two masters. Sir Edward Bulwer Lytton, Secretary of State for the Colonies, saw that also and for that reason insisted that Douglas in accepting the governorship of British Columbia had perforce to sever all ties with the Hudson's Bay Company and its subsidiary, the Puget Sound Agricultural Company. It was no doubt a wrench. Douglas, however, was most careful in his official capacity as governor of the two colonies to show no special favours to the Company.25 The year 1858 was a crucial one for James Douglas. Not only did he accept a new governorship and leave the Company's but he was brought face to face with a new series of administrative problems intimately bound up with the sudden appearance of thousands of gold seekers. He was not caught unprepared. As early as December 29,1857, he had issued provisional regulations regarding gold mining.26 But he had also in the spring of 1858 sought to protect the rights of the Hudson's Company and thereby incurred the severe criticism of Sir Edward Bulwer Lytton.27 Lytton called a new colony into being and Queen Victoria named it British Columbia. To Douglas fell the task of administration. It was to him a new problem. Vancouver Island was a fur trade colony and the settlers had almost all been connected with the Hudson's Bay Company. Problems of administration had not been difficult. The Legislative Assembly had not been difficult. The Family-Company- (25) On this point compare the letters from Douglas to his son-in-law, Alexander Grant Dallas, who had succeeded him as Manager of the Hudson's Bay Company's affairs. These letters are in the Archives of B.C. See also I p. 220. (26) Great Britain, Parliament, Copies or Extracts of Correspondence relative to the Discovery of Gold in the Fraser's River District, in British North America (Cmd. 2398), London, 1858, p. 9. (27) Sage, op. tit, pp. 211-215. 1947 Sir James Douglas, K.C.B. 221 Compact had had its own way. But the influx of miners in 1858 had changed everything. Victoria was no longer a peaceful fur trading post but a city of tents full of Western American " boosters." The Mainland colony was apparently one gigantic pay streak. At Hill's Bar the miners had drawn up their own regulations. Even the controversies of California had moved north to British territory, as Ned McGowan's war was to prove.28 But Douglas, backed by the Royal Name, the Roy.al Engineers with Colonel R. C. Moody, and Judge Matthew Baillie Begbie as the representative of the majesty of the law, soon put an end to the plans of " Ned the Ubiquitous." What might have been a serious incident became a bit of opera bouffe. Among those who came north from California in 1858 was Amor de Cosmos, a photographer turned journalist. De Cosmos, a Nova Scotian by birth—his original name was William Alexander Smith—in December, 1858, founded the British Colonist. From its first issue the Colonist was critical of the policies of Governor Douglas. The following paragraphs taken from De Cosmos' first editorial, illustrate his attitude towards the administration :— We do believe that no man ever had a more favorable opportunity to distinguish "himself as a statesman than Gov. Douglas. Everything conspired in his favor. Gold was discovered in British Columbia. Tens of thousands came eager to engage in the introduction of all the appliances of civilization, and thus lay in a few weeks the foundation of a nation in a land almost unknown. Nothing was required but mind to organize, and the disposition to use it. . . . Had he then proved himself a statesman, he would have been clearly entitled to a special reward at the hands of his Sovereign. Today he would have been the most popular man in these colonies. . . . Unfortunately for these colonies Gov. Douglas was not equal to the occasion. He wanted to serve his country with honor, and at the same time preserve the grasping interests of the Hudson's Bay Company inviolate. In trying to serve two masters he was unsuccessful as a statesman. His administration was never marked by those broad and comprehensive views of government, which were necessary to the times and to the foundation of a great colony. It appeared sordid; was exclusive and anti-British; and belonged to a past age. A wily diplomacy shrouded all. An administration (28) F. W. Howay, The Early History of the Fraser River Mines (Archives Memoir No. VI.), Victoria, 1926, pp. viii.-xvii., and F. W. Howay, W. N. Sage, and H. F. Angus, British Columbia and the United States, Toronto, 1942, pp. 158-164. 222 Walter N. Sage. July so marked—one with a doubtful claim to "exclusive trade and navigation"— could not well be other than unpopular, and unsuccessful. . . . The great mistake of the administration occurred early. Instead of taking the responsibility to throw the country open to free trade and colonization; instead of sinking all sordid considerations for the public good, we fear our Executive gave honeyed words to those whom he would partially prohibit; made his policy approximate to " masterly inactivity;" published obstructive proclamations for acts; and excused all by a doubtful claim to " exclusive trade and navigation." Such were not the measures which would entitle the author to the most exalted niche in the temple of fame.29 The arrival of De Cosmos was important. Still more important was his opposition to Douglas and his championing of the cause of reform. Thus far in his administration James Douglas had been faced with little or no political opposition. From now on the newspapers in both colonies were a force with which the governor had to reckon. It was an age in which newspaper editors took their politics very seriously. Usually, but not always, the editors were "agin the government." Nothing increased circulation quite so much as a stand against an unpopular administration. It must be confessed that Douglas' policies in Vancouver Island and British Columbia were rather unpopular. This was partially due to the unrest that accompanies a gold-rush. It was, however, more largely the result of the training and character of the governor. Douglas was no democrat. By nature he was inclined to be autocratic and his long experience in the fur trade had increased his autocratic tendencies. He had never taken part in the rough and tumble of local politics. He bowed to the superior authority of the Colonial Office in London but he did not welcome newspaper criticism. . It was not that he lacked sympathy with nor understanding of those whom he governed. He treated the American miners well and won their respect. But he was a ruler and they were his subjects. This may be seen most clearly when we consider his administration of the mainland colony. The Act of the British Parliament which established the Colony of British Columbia provided for the setting up of a legislature.30 Douglas, however, as representative of the Crown in (29) Victoria British Colonist, December 11,1858. (30) An Act to Provide for the Government of British Columbia, 21 & 22 Vic, c. 99. 1947 Sdj James Douglas, K.C.B. 223 the colony, was empowered by the act to " make provision for the administration of justice therein, and generally to make, ordain, and establish all such laws, institutions and ordinances as may be necessary for the peace, order, and good government of Her Majesty's subjects and others therein " until such time as the legislature was constituted. As a result Douglas took full advantage of his powers and made no move to set up a legislature. Although Colonel Moody of the Royal Engineers was Chief Commissioner of Lands and Works and also possessed a " dormant commission " as Lieutenant-Governor, Douglas made it clear to him that this commission could only operate provided that he, Douglas, was incapacitated or absent, not only from British Columbia, but also from Vancouver Island. He employed the officials appointed by the Colonial Office for British Columbia to aid him in the administration of Vancouver Island, and ignored not only the protests of the mainland colonists but also the peremptory demands of the Duke of Newcastle, Secretary of State for the Colonies.81 Demands for the establishment of representative institutions on the mainland came to a head in the spring of 1861. J. A. R. Homer and seven others representing the towns of New Westminster, Douglas, and Hope presented a memorial to Douglas to be forwarded to the Colonial Office. In a lengthy dispatch to the Duke of Newcastle, dated April 22, 1861, Douglas set forth their demands and gave his reasons for opposing them. He thus summed up " the existing causes of dissatisfaction as alleged in the Memorial":— 1st That the Governor, Colonial Secretary and Attorney General do not reside permanently in British Columbia. 2nd. That the taxes on goods are excessive compared with the population, and in part levied on boatmen, who derive no benefit from them, and that there is no land tax. 3rd. That the progress of Victoria is stimulated at the expense of British Columbia, and that no encouragement is given to ship-building or to the foreign trade of the Colony. 4th. That money has been most injudiciously squandered on public works and contracts for roads given without any public notice, which have been subsequently sublet by the contractors at much lower rates. (31) Newcastle to Douglas, October 20,1859, MS., Archives of B.C. 224 Walter N. Sage. July 5th. The faulty administration of public lands:— and that lands have been declared public reserves, which have been afterwards claimed by parties connected with the Colonial Government. 6th. The want of a Registry Office for the record of transfers and mort- These charges Douglas refuted at some length and also set forth his reasons for opposing the granting of representative institutions. There was not, he claimed, " as yet a sufficient basis of population or property in the Colony to institute a sound system of self government." The British element was too small and there was " neither a manufacturing nor farming class." The only landed proprietors were those who held building lots in the towns.88 In a word, Douglas was taking up a position similar to that put forward by the "old colonial governors" in the eastern British North American provinces who had opposed the spread of popular institutions. For a time he carried his point, but it is evident from later events that the Duke of Newcastle was not altogether satisfied. Nonetheless the mainland colony grew and prospered during the Douglas regime and Vancouver Island shared in the prosperity of the gold-rushes. Roads were built, culminating in the Cariboo waggon road commenced in 1862 and completed in 1865 after Douglas had retired from both governorships. The golden Cariboo gave new life to the two colonies. Tolls on the Cariboo road were high, but they added to the revenues of the mainland colony. On Vancouver Island Douglas was somewhat more limited in his authority. He had to deal with both the Legislative Council and the House of Assembly but on the whole he encountered few difficulties. The first Assembly had been elected in 1856 at the fiat of the Colonial Office but it was chiefly composed of Hudson's Bay Company men and, in any case, the governor could and did legislate by proclamation. The second Assembly, containing thirteen members, was elected in 1860 and held four sessions, the last of which came to an end in February, 1863. Although (32) Douglas o Newcastle, Apn 22, 1861, Douglas letterbook, MS., Archives of B.C. (Photostatic copy i n the University of British Columbia (33) Ibid. 1947 Sir James Douglas, K.C.B. 225 De Cosmos was still attacking Douglas his influence does not seem to have been increasing. If we may judge from the fact that in October, 1863, De Cosmos sold his interests in the British Colonist it may be inferred that Douglas was winning out over De Cosmos. In 1863 Douglas managed to rid himself of Coloney Moody and the Royal Engineers. Relations between Moody and Douglas had never been cordial and it was fairly common knowledge that in the end Douglas claimed that he could not get Moody to do anything. In a " Confidential Report on Officers" Douglas in reference to Moody wrote: " I am here in duty bound however to remark that as a public administrator in this Colony his management has not been satisfactory to me."34 It was probably a great relief to Douglas to see the last of Colonel R. C. Moody. It may, however, have been a pyrrhic victory! It is possible that when Moody arrived in England he found an opportunity to lay his side of the case before the Colonial Office. This is, however, only conjecture; but one thing is certain, the Duke of Newcastle, in 1863, began to put pressure on Douglas to set up a legislature on the mainland. The inhabitants of British Columbia forwarded between 1861 and 1863 no less than five petitions to Downing Street, praying for redress of grievances and for the granting of a " system of responsible government similar to that possessed by eastern British American and Australian colonies." The fifth petition was taken to England by a Canadian, the Hon. Malcolm Cameron, who had been travelling in British Columbia. Newcastle, in his dispatch of May 26,1863, informed Douglas that he was about to " submit to Her Majesty an Order in Council instituting a Legislative Council in British Columbia."86 On June 15th he again wrote enclosing the Order in Council of June 11th, fixing the maximum number of legislative councillors at fifteen, divided roughly as follows: one-third to consist of the Colonial Secretary and other officials; one-third to consist of magistrates from different parts of the colony; and one-third to consist (34) Douglas MS., j 226 Walter N. Sage. July of persons elected by the residents of the different electoral districts.36 Obedient, as ever, to direct instructions, Douglas p: hold elections -and to constitute the council, the first si which were held at New Westminster on January 21,1864. This was one of the governor's last official acts. He was now preparing to retire from both governorships. In 1858 Douglas had been made a Companion of the Order of the Bath. In October, 1863, he received word that he had received the honour of Knighthood and had been elevated to the rank of a Knight Commander of the Bath. Even the British Colonist joined in the encomiums of congratulations. His term of office in both colonies was coming to a close. He was anxious to retire and it seems probable that Newcastle was quite willing that he should do so. Douglas was now over sixty years of age and was ready to hand over the reins of power to his successors. In 1864 separate governors were appointed for the two colonies—Arthur Edward Kennedy for Vancouver Island and Frederick Seymour for British Columbia. Sir James Douglas then set out for a European tour and was away from Victoria for over a year.87 On his return he settled down quietly at James Bay and devoted himself to the management of his property. He was now the wealthiest man on Vancouver Island. He took no further part in politics; for while in his private letters we can learn his opinions on the political situation, he definitely was now in retirement. His closing years were peaceful. His death came suddenly from a heart attack on the evening of August 2, 1877. He was universally mourned. As a colonial governor Sir James Douglas belonged to the old school. He was also, probably, a Victorian father; just but stern, affectionate but not demonstrative. Reserved in manner, somewhat pompous, dignified and a bit aloof, he was not lacking in humanity. But his head seemed to have ruled his heart. (36) Newcastle to Douglas, June 15,1863, MS., Archives of B.C. Printed also in Great Britain, Parliament, Papers relative to the Proposed Union of British Columbia and Vancouver Island (Cmd. 3667), London, 1866, pp. 2-4. (37) W. Kaye Lamb, " Sir James Goes Abroad," British Columbia Historical Quarterly, III. (1939), pp. 283-292. 1947 Sir James Douglas, K.C.B. 227 Of him, Hubert Howe Bancroft has written: " Douglas was kind and just; but his benevolence was not always untinctured by policy, nor his sympathy by selfish interest."38 In Douglas there • was a certain element of greatness. He towered over his contemporaries. Above all his firm, steady hand was on the helm of the ship of state when it was most needed. He bridged the gap between savagery and civilization. His early training in the fur trade made him authoritarian. He did not understand nor approve of democratic institutions. Nonetheless we owe him much. He was far and away the outstanding figure of the colonial period of our history. If it had not been for his firm, wise, though at times stern, rule, British Columbia and Vancouver Island might never have survived the storms and stresses of their early years. And so we honour him—James Douglas, the Scottish fur trader who became the Father of British Columbia. Walter N. Sage. Vancouver, B.C. (38) H. H. Bancroft, History of British Columbia, San Francisco, 1887, NOTES AND COMMENTS. BRITISH COLUMBIA HISTORICAL ASSOCIATION. Victoria Section. On Monday, May 12, a meeting of the Section was held in the Provincial Library, with some forty members present, at which Miss Madge Wolfenden, Assistant Archivist, read a paper, Books and Libraries in Fur Trading and Colonial Days. As few members had had the opportunity of hearing this paper as presented to the annual meeting of the association in Vancouver its repetition in Victoria was most welcome. Books from many of the early libraries mentioned in the paper were on display. The final meeting of the spring session was held in the Provincial Library on Monday, June 19, when fifty members had the pleasure of hearing Rev. Alan D. Greene speak on Side-lights on the Columbia Coast Mission. Interesting anecdotes of early settlers and events in the numerous communities served by this organization, as well as the history of its own development, were related. In addition, a very fine technicolour documentary film depicting the work of the Columbia Coast Mission was shown. Vancouver Section. Mr. John A. Gibbard was the speaker at the February meeting of the Section, held in the Grosvenor Hotel on Tuesday, February 18. Choosing as his subject The Beginning of Land Settlement in the Fraser Valley, Mr. Gibbard pointed out that he was dealing primarily with the area west of Hope. Serious interest in this region dated from the arrival of James McMillan in 1824, and while agriculture was engaged in, it was of secondary importance to the fur trade. The activity of Archibald McDonald and Samuel Robertson was also mentioned. It was during the period of the gold-rush that settlement began in earnest — almost unexpectedly — for usually gold-mining was considered far more lucrative than farming. The settlers might be divided roughly into two groups—the disillusioned miners, " rolling stones that stayed long enough for the moss to gather," and those who really intended to farm. The various land regulations and surveying systems which caused so much confusion were outlined. Land settlement had practically ceased by 1870, but Confederation and the promise of a railroad made settlers hopeful that their isolation would soon be a thing of the past. Mr. Gibbard read letters by various pioneers describing the beauty and also the loneliness of their new homes. But there was one detail on which all agreed—the activity of the mosquitoes. The thanks of the meeting was tendered by Mr. George B. White. Early Days of North Vancouver was the subject of an address by Mr. C. Burns at the March meeting of the Section. Many interesting incidents in the history of the municipality were detailed from the time of its incorporation in August, 1891, such as the unsuccessful effort of the Burrard Inlet 230 Notes and Comments. & Ferry Co. in 1892 to provide transportation between North Vancouver and the Capilano and Seymour Canyons, the building of the Capilano suspension bridge in 1894 and of the post-office in 1901. The previous year the ferry North Vancouver No. 1 was built at a cost of $14,201.37, and on its first day of operation, May 12, 1900, its receipts were $42.20'. The origin of municipal services was also described: in 1903 Mr. J. Bates began the construction of a waterworks system; in 1905 a franchise for lighting was given and by August, 1906, street-lights and street-cars were inaugurated. The speaker dealt with events leading up to the partition of the municipality in 1907, when the City of North Vancouver cam members present contributed anecdotes of their i evening a most interesting one. Mr. Dawson H. Elliott was the speaker at a meeting held in the Hotel Grosvenor on Tuesday, April 15. Choosing as his subject The Trail of the Early Cariboo Prospectors, the speaker was eminently qualified to describe travel on the trails leading to Barkerville and of life in that gold-mining town at the turn of the century, for he had been a school-teacher in Barkerville from 1897 to 1901. In fact he had walked from Ashcroft to Barkerville by way of Quesnel Forks and Keithley Creek in order to accept his appointment, and two years later he had travelled by bicycle from Quesnel through Cottonwood to Barkerville. The address was greatly enhanced by the show- The closing meeting for the spring session was held on Thursday, May 8, with an address by Major-General W. W. Foster, entitled The Panorama of the North. The story of the planning and building of the Alaska Highway is a fascinating one, and Major-General Foster could speak with authority by virtue of his position as Canadian Special Commissioner for Defence Projects in Northwest Canada. The United States Army sound film depicting the construction of the highway was shown and effectively illustrated many of the points discussed in the lecture. CONTRIBUTORS TO THIS ISSUE. Earle Birney, B.A. (British Columbia), Ph.D. (Toronto), is Professor of English at the University of British Columbia and editor-in-chief of the Canadian Poetry magazine. This Quarterly is privileged to present for the first time a poem by one of Canada's leading contemporary poets. Madge Wolfenden, immediate Past President of the British Columbia Historical Association, is Assistant Archivist of the Provincial Archives. Sydney G. Pettit, M.A., Assistant Professor of History and Sociology at Victoria College, affiliated with the University of British Columbia, is on leave of absence, continuing his studies at the University of Washington. Walter N. Sage, Ph.D., a frequent contributor to this and other historical journals, is head of the Department of History, University of British Columbia. Dr. T. A. Rickard is an eminent mining engineer and the author of many books relating' to the history of mining. W. Kaye Lamb, Ph.D., is Librarian of the University of British Columbia. THE NORTHWEST BOOKSHELF. History of Bumaby and Vicinity. By George Green. North Vancouver: Shoemaker, McLean & Veitch, Ltd., 1947. Pp. 233. Maps and ill. $3. History of Salmon Arm 1885-1912. By Ernest Doe. Salmon Arm: Salmon Arm Observer, 1947. Pp. 83. 111. Paper $1.25. Local history in British Columbia is making noteworthy advances. From time to time during the past few years it has been the privilege of this Quarterly to review an increasingly large number of publications in this field. Once again two additions have become available, and others are known to be in the offing. Few people have been as diligent in searching out and recording the history of a local community as has George Green. For many years newspapers have been carrying his articles dealing with various aspects of the history of one of the largest urban municipalities in this Province. Now for the first time the full story has been written and made public. Mr. Green was fully qualified for the task he set himself; he is himself a pioneer resident of Bumaby and has played an active role in municipal affairs. The Municipality of Bumaby lies between the Fraser River and Burrard Inlet and is bounded on the east by New Westminster, the one-time capital of the colony of British Columbia, and on the west by the newer metropolis of Vancouver. It is fortunate that the title of this book included the words " and vicinity," for admittedly much of its content relates to the area lying ■ beyond the boundaries of the municipality. In fact the very dispersity of interest of the author is, perhaps, the most serious criticism that can be made of his work. The frequent digressions from the main story, while entertaining and often valuable in themselves, actually contribute little to the history of the municipality and are apt to confuse the reader. From a purely reference point of view it is also unfortunate that the author had not organized the immense amount of material he had assembled more carefully. No chapter divisions are made nor is the narrative told in purely chronological order. Despite these words of criticism, the truth remains that anyone seeking details concerning the history of Bumaby will have to refer to this book, for they are to be found in it and very fortunately an adequate index has been provided for his assistance. As a matter of fact the title Early History of Bumaby and Vicinity is an understatement of fact in still another respect. For the period dealt with covers the arrival of the Royal Engineers at their camp (Sapperton) on the Fraser River early in 1859 and ends with as recent an event as the municipal elections for the year 1947. The name " Bumaby " commemorates one of the great pioneers, not only of this municipality, but of the Province, Robert Bumaby, about whom much interesting biographical material is provided. 232 The Northwest Bookshelf. July Indeed, one is amazed by the amount of similar material here presented concerning many of the pioneers of the Lower Mainland area. The building of early trails and roads is detailed, and as subdivisions were opened for settlement their story is also told, and even the name derivation of the streets is recorded. Much attention is also given to the development of the transportation system of the British Columbia Electric Railway Company and its predecessors. As community life developed, schools and churches were organized, and the history of each in turn is told with characteristic care. Nor is the economic life of the municipality ignored; early logging operations as well as later industrial development receive due recognition. The events leading up to incorporation in 1892 are recounted and subsequent municipal politics are discussed with amazing frankness, including the period 1932-42, when, unable to meet its commitments to bondholders, the municipality came under the administration of appointed commissioners. It is unfortunate that the type used in printing this book is so small; however, it is profusely illustrated and maps are also provided. The appendices giving lists of reeves, councillors, and municipal officers are of great value. Unfortunately there are many typographical errors, which more careful proof-reading would have eliminated, and for the more serious reader the foot-notes leave much to be desired. Errors in fact do occur, but not in sufficient quantity to impair seriously the usefulness of this book. Mr. Green embarked upon an ambitious project, and, all in all, the results merit congratulation. A History of Salmon Arm 1885-1912, while less ambitious in its scope than Mr. Green's book, is a most useful publication. It is the work of another ardent and capable local historian, Mr. Ernest Doe, who for years has been compiling facts and figures relating to the thriving community on Shuswap Lake. Mr. Doe confines himself strictly to the task at hand, and in consequence only passing reference is made to the gradual penetration of population along the Thompson River valley to what is now Salmon Arm. In effect his history begins when track-laying on the Canadian Pacific Railroad " reached Salmon Arm sometime in the first week of September, 1885." From that date onward events are carefully recorded. First settlers, squatters and pre-emptors alike; the establishment of a post-office; the building of roads west to Kamloops and south to Enderby; the beginnings of the lumber and fruit-farming industries-^-all have their part in the narrative. Gradually a community began to take shape—stores and hotels were built, and fraternal, farmer, and sport organizations came into being— and finally on May 15, 1905, the Municipality of Salmon Arm was gazetted. The history of subsequent municipal affairs is carefully retold, including therein the development of such services as the waterworks, fire brigade, electricity, and telephone. The terminal date fixed is March 12,1912, when the municipality was divided and the City of Salmon Arm came into being. Detailed histories of the churches and schools are provided, and a most useful series of appendices include such items as lists of residents from early Directories, reeves and councillors, school-teachers and school trustees, to mention but a few. 1947 The Northwest Bookshelf. 233 The book, printed by the local newspaper, The Salmon Arm Observer, is very well produced—a credit alike to the author and the publisher. There are several excellent illustrations, but a map might well have been included. Likewise an index would have been of considerable use, but the compactness of the publication makes its absence less regrettable. It is to be hoped that eventually the remainder of the story from 1912 onwards, which the author has already compiled, will find its way into print. Willard E. Ireland. Victoria, B.C. The Big Bonanza. By Dan De Quille (William Wright). New York: Alfred A. Knopf, 1947. Pp. xxv., 436, vii. 111. $5. This is a recent reprint of a book published in 1876. It describes the discovery and the development of mines on the Comstock Lode in Nevada from 1859 to 1875. The yield of $350,000,000 in gold and silver incited wild speculation and impoverished more people than it enriched. The author, William Wright, went from Ohio to California in 1859, at the age of 30, and two years later, attracted by the news of rich silver mines east of the Rocky Mountains, in Nevada, he went thither. He had already made a start as a writer for newspapers; in consequence he soon found a congenial berth on the staff of the Territorial Enterprise, a paper that had been started at Virginia City, the town built close to the mines on the Comstock Lode. This post he retained until the paper ceased to publish in 1883. An account of the author's life and of the circumstances that led to the writing of the book are given by Oscar Lewis in a well-written introduction. The Enterprise was a successful paper, and Wright, under the pen-name of De Quille, did much to make it so, with meagre profit to himself. Mark Twain suggested that he might make money by writing a book on the famous mines. He wrote the book, but it was issued during a period of financial depression and therefore, despite local appreciation, it failed . to bring him the expected recompense. He died in 1898, a sad and disappointed man. The book is of historic value because the author was on the spot soon after the discovery of the Comstock Lode and was able to watch the development of the mines, the importance of which was soon emphasized by the wonderful output of precious metals. The discovery, as is often the case, was fortuitous. Gold was found in the gravel of the Carson River in 1849 by adventurers on their way to California. From the Carson River the diggers worked their way up a tributary stream in Gold Canyon. As they progressed upward, the gold became pale on account of its silver content. This admixture perplexed them, for they were ignorant. Two of them, in another ravine named Six Mile Canyon, found some heavy black stuff in their sluice-boxes. This interfered with the saving of the gold and they discarded it hastily. It was argintite, the sulphide of silver. They were digging in the outcrop of a big vein, not a deposit of gravel. In June, 1859, a ranchman took a piece of the " black stuff " to Grass Valley in California, 234 The Northwest Bookshelf. July where it was assayed, disclosing contents of $3,000 in silver and $876 in gold per ton. It is a curious fact that the Comstock is usually associated with wealth in silver, although nearly half of the value of the ore was in its gold content. The author makes this mistake and speaks repeatedly of the silver ore, the silver mines, and one chapter is entitled " Extracting Silver from the Ore," and the next is headed "Assays of the Silver Bullion." The book contains descriptions of life at this mining centre, and these have historic value, although they give an impression of lawlessness and general disrespect for law. As usual in accounts of frontier life in the United States, the author shares a naive pride in the organization of a vigilance committee, a group of men that took the law into their own hands and hung criminals when the sheriff and his deputies were slow in doing so. It was not realized then, nor even now by some people, that a vigilance committee is not a credit, but a disgrace to the community, because it indicates a collapse of civilization. The description of the technical operations is defective on account of the author's lack of the necessary education. Curiously he speaks more than once of silver in crystalline form as " stephanits," which is the name of a complex sulphide of silver containing antimony. The description of the workings underground will be interesting to those unversed in mining operations. The Great Bonanza was the ore-body discovered in the workings of the Consolidated Virginia and California mines. This " imperial treasure chamber " was indeed a magnificent ore-body and yielded $90,000,000, but the orgy of speculation that ensued was disastrous to thousands. Wright says that the dividends paid by the mining companies exceeded the assessment by $28,000,000, but the dividends went to shareholders much less numerous than those that paid the assessments. These continued to be levied long after the rich ore had been worked out. During the boom in 1874 the buying of shares on margin was on an enormous scale. In January, 1875, the market value of the shares of Comstock mines listed on the San Francisco stock exchange was $262,000,000; six years later it fell to $7,000,000. The insiders made fortunes, the outsiders, the foolish public, lost proportionately. The feverish haste to exploit the rich ore-bodies incited the application of ingenuity in devising improved machinery for the mining and metallurgical operations. Nevertheless, the Comstock did damage to mining as an honest industry because the wild gambling, the unblushing trickery, and the frequent violence all tended to make the business disreputable. The professional mining engineer is justified in believing that the Comstock did more harm than good to legitimate mining; it encouraged the idea of a sudden acquisition of wealth without work, of finding ore without systematic search, of forming share-managing companies on mere expectations with a view to market jugglery. The orgy of gambling, trickery, and extravagance dishonoured a basic industry and drew into the ranks of honest workers, skilled engineers, 1947 The Northwest Bookshelf. 235 cheats, rogues, and swindlers. The Comstock undoubtedly had a bad and lasting influence on the morale of mining, but the enormous output of the precious metal had a beneficial effect in so far as it brought a timely contribution of specie to the Treasury of the Federal Government during the critical period of the American Civil War. When I was at Virginia City in 1901, the unlovely quiet of abandonment rested on the old mining centre. But little work was being done underground. The Chinaman alone seemed superior to his environment. Amid the general decay he continued to give life in the green spots that his ' patient hands won from the sterile surface. The coolie and his kitchen- garden formed a picture that was the very antithesis of the volcanic energies that had once rioted at the mines of the Comstock. The mines are idle, the warm sunlight falls on abandoned shaft-houses and mills, the rain rusts the motionless machinery, but— " The river still is winding, still is winding Past the gardens where the Mongol tends the cabbage and the leek." Victoria, B.C. T. A. Rickard. Francis Drake and the California Indians, 1579. By Robert F. Heizer. Berkeley and Los Angeles: University of California Press, 1947. Pp. 251-302. (University of California Publications in American Archaeology and Ethnology, Volume 42, No. 3.) 111. Cloth $2; paper $1.25. Drake's course in the North Pacific was discussed at length in an article contributed to this Quarterly by Mr. R. P. Bishop, in 1939. Dr. Heizer's monograph is in a sense a sequel to Mr. Bishop's study, for its purpose is to try to identify the bay in which the Golden Hinde anchored at the conclusion of her northern cruise. It is clear that the bay was somewhere on the coast of California, north of San Francisco, but there agreement amongst the various authorities ends. Trinidad Bay, Bodega Bay, and the harbour known as Drake's Bay have all been suggested. Henry R. Wagner, in the most recent and most exhaustive study of Drake's voyage round the world, contends that he anchored first in Trinidad Bay, near Eureka, and subsequently moved to Bodega Bay, much farther south. Dr. Heizer, while treating Wagner's great work with the respect it deserves, ventures a different conclusion. In his opinion Drake's Bay is appropriately named, for he is satisfied that it was there that the Golden Hinde dropped anchor in June of 1579. Not only is his conclusion different from that of Wagner, but so is the principal evidence upon which it is based. Wagner approached the problem chiefly from the point of view of the historian and the geographer, whereas Dr. Heizer has examined the evidence in the light of his own training as an anthropologist. Wagner, as Dr. Heizer is careful to point out, was fully aware of the " value of the ethnographic check method," but he nevertheless failed to utilize " all available documentary or ethnographic data to the- fullest extent—a procedure of the utmost importance." 236 The Northwest Bookshelf. When Drake and his men landed, it is clear that the Indians looked upon them as relatives returned from the dead. As a consequence they were greeted with elaborate mourning ceremonies, and a remarkably good account of these is given in the most detailed description of Drake's California sojourn that has come down to us—that included in the celebrated narrative entitled The World Encompassed by Sir Francis Drake. Dr. Heizer has studied this and other descriptions with extreme care and in the light of the great amount of information about native ceremonies that has been gathered in the region by anthropologists in modern times. There would seem to be no possible doubt that the Indians Drake met belonged to the Coast Miwok, and although Dr. Heizer presents his conclusion very modestly as being no more than his personal opinion, this reviewer at least feels that he has presented convincing proof that it was on the shores of Drake's Bay that the Miwok ceremonies were enacted. Dr. Heizer mentions two other points, both of which lend further support to the Drake's Bay theory. The first of these is the fact that Drake named the region Albion because of " the white baneks and cliffes, which lie toward the sea," and its white cliffs are one of the most conspicuous features of Drake's Bay. In the second place, it was while the Golden Hinde lay in her California anchorage that Drake set up a post on shore and nailed to it a plate of brass. The famous " Drake's Plate," now in the library of the University of California, was first discovered in 1934 in a small valley that leads to Drake's Bay. The format of this slim volume is pleasing, and the ten illustrations have been well selected and admirably reproduced. W. Kaye Lamb. Vancouver, B.C. BRITISH COLUMBIA HISTORICAL ASSOCIATION Organized October 31st, 1922. PATRON. His Honour Charles A. Banks, Lieutenant-Governor of British Columbia. OFFICERS, 1947. Hon. G. M. Weir Honorary President. George B. White - President. Madge Wolfenden .... Past President. Alma Russell 1st Vice-President Rev. W. Stott 2nd Vice-President. Helen R. Boutilier .... Honorary Secretary. J. K. Nesbitt Honorary Treasurer. MEMBERS OF THE COUNCIL. Burt R. Campbell. H. C. Holmes. W. Kaye Lamb. B. A. McKelvie. T. A. Rickard. W. N. Sage. Willard E. Ireland Muriel R. Cree Rev. W. Stott (Provincial Archivist; (Victoria Section). (Vancouver Section). Editor, Quarterly). OBJECTS. To encourage historical research and stimulate public interest in history; to promote the preservation and marking of historic sites, buildings, relics, natural features, and other objects and places of historical interest, and to publish historical sketches, studies, and documents. MEMBERSHIP. Ordinary members pay a fee of $2 annually in advance. The fiscal year commences on the first day of January. All members in good standing receive the British Columbia Historical Quarterly without further charge. Correspondence and fees may be addressed to the Provincial Archives, Parliament Buildings, Victoria, B.C. THE BRITISH COLUMBIA HISTORICAL QUARTERLY OCTOBER, 1947 COLUAMA L 3 1948 [BRARY We BRITISH COLUMBIA HISTORICAL QUARTERLY Published by the Archives of British Columbia EDITOR. Willard E. Ireland. Provincial Archives, Victoria, B.C. ADVISORY BOARD. J. C Goodfellow, Princeton. T. A. Rickard, Victoria. W. N. Sage, Vancouver. Editorial communications should be addressed to the Editor. Subscriptions should be sent to the Provincial Archives, Parliament Buildings, Victoria, B.C. Price, 50c. the copy, or $2 the year. Members of the British Columbia Historical Association in good standing receive the Quarterly without further charge. Neither the Provincial Archives nor the British Columbia Historical Association assumes any responsibility for statements made by contributors to the magazine. The Quarterly is indexed in Faxon's Annual Magazine Subject-Index. BRITISH COLUMBIA HISTORICAL QUARTERLY Vol. XI. Victoria, B.C., October, 1947. No. 4 CONTENTS. Prehistoric Cairns and Mounds in British Columbia with a Report on the Duncan Burial Mound. By A. E. Pickford 237 The Work of Veniaminov in Alaska. By Archie W. Shiels 265 . The Tyrant Judge: Judge Begbie in Court. By Sydney G. Pettit 273 Notes and Comments: British Columbia Historical Association : 295 Contributors to this Issue : 296 The Northwest Bookshelf: Fahrni and Morton: Third Crossing. Kavanagh: The Assiniboine Basin. Papers read before the Historical and Scientific Society of Manitoba. PREHISTORIC CAIRNS AND MOUNDS IN BRITISH COLUMBIA: With a Report on the Duncan Burial Mound. Earth mounds of complex structure are, perhaps, the most numerous and widespread, in world distribution, of all prehistoric human monuments. Some of these were made of soil scraped from the surrounding terrain, but where slabs of rock or large stones and boulders were available, these were sometimes used in place of earth. More often, however, both stone and earth are found in the same construction; the earth in these latter mounds served not only to bind the rock, but also as a complete cover in which herbage became established and thus gave added permanence to the structure. The long barrows and the various forms of round barrow in Europe are examples of earth mounds of complex structure, while the pyramids of Egypt may be considered as an evolution from the primitive stone cairn, The custom of erecting earth mounds and stone cairns over the honoured dead seems to have spread radially from Central Asia in that wide circle somewhere within the confines of which the human race is said to have originated. The history of human burial in the early Stone Ages is too complex for discussion here, suffice it to say that towards the close of the Neolithic Period in Europe we find the great stone " house of the dead " of former times giving place to a small stone cyst or vault which was placed either entirely underground or, at least, was covered with earth. As to the attitude of the mourner in his beliefs in regard to the dead, we find that it was a common practice in very early times to take measures to preserve the dead body and to place within the tomb all the necessaries of life sufficient for a journey. Then, in the late Neolithic, the people of Europe show a new school of thought which ordained that the body be burned. Some fundamental change of creed seems to have been responsible for this change of practice, and here, possibly, we have the birth of a new aspect of religion, in which the spirit is given prior importance to the body and fire is regarded as a necessary element in 238 A. E. Pickford. October the release of the spirit from its earthly bondage. However, we have no proof of these early religions nor can we show reasons why earlier customs have survived in some parts while they have been superseded in others. It is with the late Neolithic that we are dispassionately concerned in British Columbia; from its advent in Asia we trace the spread of the mound culture towards America. In the path of this spread we see an abundance of earth mounds similar in intent and structure to those on Vancouver Island and in the Fraser River delta. Such earth mounds are scattered from Turkestan and the Kirgiz steppes across Asia and into this continent, where they reach as far as the Central American isthmus and where they are found buried under the rank vegetation of the tropics. Under the advance of agricultural peoples, inestimable numbers of these monuments have been flattened out and destroyed, so that, in countries occupied by civilized races over long periods, all traces of such mounds have been lost, except for the occasional example and for the verbal records of early bards and historians. The ceremonial of the funeral pyre associated with the earliest examples of these mounds is of widespread distribution and bespeaks survival of the cult over a long period of time. In northern latitudes this practice is found among Caucasian as well as among Mongoloid races. In the Caucasian field, evidences of this custom are found among Nordic, Mediterranean, and Hindu races. The fable of the phoenix reborn from its ashes bears the stamp of a fundamental psychological attitude with which the concept of the resurrection of the soul is closely allied—the destruction of the body by fire being but an incident in the complete transfiguration. The Homeric legends as recorded in the Iliad have many references to such funeral pyres; the account of Hector's heroic lamentations over the body of his friend Patroclus gives a very vivid picture of this custom among the ancient Greeks. The description of Hector's own funeral as told in the final pages of the Iliad is not so detailed, but is full of poetic colour:— So nine days they gathered great store of wood. But when the tenth morn rose with light for men, then bare they forth brave Hector, weeping tears, and on a lofty pyre they laid the dead man, and thereon cast fire. mm %^^;'"f||M" Fragmentary coppe earth mounds at Hatzi vincial Museum, Victo in the many mounds e Plate I. r objects, presumably ornaments, taken from , B.C., in 1898, and now preserved in the Praia. These are the only artifacts to be found icavated in this vicinity by Charles Hill-Tout. 1947 Prehistoric Cairns and Mounds. 239 But when the daughter of Dawn, rosy-fingered Morning, shone forth, then gathered the folk around glorious Hector's pyre. First quenched they with bright wine all the burning, so far as the fire's strength went, and then his brethren and comrades gathered his white bones lamenting, and big tears flowed down their cheeks. And the bones they took and laid in a golden urn shrouding them in soft purple robes, and straightway laid the urn in a hollow grave and piled thereon great close-set stones, and heaped with speed a barrow, while watchers were set everywhere around, lest the well-greaved Achaians should make onset before the time. And when they had heaped the barrow they went back, and gathered them together and feasted right well in noble feast at the palace of Priam, Zeus-fostered king. Thus held they funeral for Hector tamer of horses.l So much for the earth monuments of the Eastern Hemisphere. On the American Continent an infinite variety of such monuments occurs, ranging from small caches with no funereal significance to the elaborate tombs. Larger yet are the truncated pyramidal structures of Central America, and the Effigy mounds and other massive earthworks of the Mississippi which are ascribed to the Mound Builders. These various constructions on the American Continent had a great range and variety of uses. Prof. Cyrus Thomas, of the United States Bureau of Ethnology, lists some twenty separate types of such earthworks.2 Uses are also shown in this list, and funerary use is assigned to numerous examples of the various types of construction. In the pages that follow, it will be noted that many, if not all, of the human remains found in the prehistoric mounds of British Columbia were cremated, although some were only partially burned. Until recently this custom of cremation was still in • vogue among certain tribes of the Interior of this Province—such as the Sekani, and also among the Tsimshians, which latter tribe, in former times, ceremonially prepared the bodies of dead shamans and chiefs for this cremation.3 (1) Andrew Lang, Walter Leaf & Ernest Myers, trans., Iliad of Homer, New York, 1916, pp. 502, 503. (2) Cyrus Thomas, " Report on the Mound Explorations of the Bureau of Ethnology," Twelfth Annual Report of the Bureau of Ethnology . . . 1890-91, Washington, 1894, pp. 521-730. (3) William Duncan, " British Columbia," The Church Missionary Intelligencer, IX. (1858), p. 249. Here Duncan, speaking of the "Chimsyan" Indians, says: "It is the custom among these Indians to burn their dead." This statement is confirmed and enlarged upon by Viola E. Garfield, " Tsimshian Clan and Society," University of Washington Publications in Anthropology, Vol. VII., No. 3, 1939, pp. 239-241. 240 A. E. Pickford. October Before the soil of British Columbia was disturbed by white settlers, earth mounds were numerous along the coastal areas. These mounds extended from Comox in the north to beyond the islands of Puget Sound in the south, and into the delta of the Fraser River as far as Hatzic to the east. The first written notice of these mounds appears in the Victoria Colonist of December 15, 1871. It was evidently the outcome of a reporter's interview with Mr. James Deans, who had been interested in these works since 1853. The local reader can scarcely have failed to have noticed in different parts of the Island—and particularly in the vicinity of this city—heaps of stones and earth so arranged as to form mounds or cairns. Many of these heaps are to be seen on Beacon Hill near the summit, at different points of Esquimalt harbor, at Cadboro Bay, Beckley Farm and several other parts. They have long been supposed to be the work of a race of men who passed away to make room for the red man, who in his turn is being ' improved off the face of the earth' to afford the white man room to increase and multiply his species. Lately several of these mounds have been opened near Cadboro Bay by Mr James Deans, who found, first a layer of earth, next, a pile of stones—some of them weighing a ton—laid with almost mathematical exactness so as to form a circle; third, another layer of earth, and beneath it a quantity of bones and dust, amidst which were found a number of teeth and jawbones in a good state of preservation. The jawbones are pronounced to be those of a human being, and the teeth those of a vegetable-eating man —being wide and flat on the top. Perhaps the Darwinian theory is about to receive new and startling confirmation from these researches. Near Beckley farm, not far from Beacon Hill, are what are supposed to be the remains of an ancient village, with trenches cut, evidently for the purposes of defence. The same thing is seen near Clover Point. A few years ago these evidences were much more distinct than now; but the large stones that dot the summit and sides of Beacon Hill, some of which are surrounded with a circular thicket of scrub-oak, were no doubt placed there by the lost race who built the cairns just opened at Cadboro Bay—a race who possessed this fair land centuries before the Deluge, and who buried their dead in caves and pits, instead of putting them away on shelves above the ground, as did the aborigines who inhabited the island when the present white settlers came to it. The early inhabitants of the British Isles disposed of their dead in the same way. In the Eastern States there are numerous mounds, some of which have been opened and evidences of a primitive race found. If these interesting researches should be continued, some very astonishing developments (4) Victoria Colonist, December 15, 1871. 1947 Prehistoric Cairns and Mounds. 241 James Deans was in many ways a remarkable man. Born on June 17, 1827, in Haddingtonshire, Scotland, he engaged as a labourer with the Puget Sound Agricultural Company, a subsidiary of the Hudson's Bay Company, and arrived in Victoria on January 16, 1853, on board the Norman Morison.5 That he was a man of scholarly habits is evidenced by the references in the diary of Robert Melrose to lectures he delivered at Craig- flower during 1853 and 1854.6 He was an amateur geologist, ethnologist, and anthropologist of no mean ability and devoted much time during his long residence in the Pacific Northwest to the study of the dialects and languages of the British Columbia Indians. He died on July 17,1905.' Fortunately Deans wrote a report of his work among the Cadboro Bay cairns. Since it is full of detail bearing upon our subject and is the first work of its kind undertaken in this Province by a student of archaeology, it is reproduced verbatim:— The Cadboro Bay Cairns. An Ancient City of the Dead! Any one who has wandered over the spreading glades, or under the oaken bowers, around Cadboro Bay, between Uplands Farm and Oak Bay, (Mr. Tod's), around Gonzalo's point, from Mr. Tod's to Foul Bay, and around Esquimalt Harbor, particularly about the Admiral's house, must have noticed numbers of conical stone piles, sometimes singly, in other places (as in the case of Cadboro Bay) in groups of two or three hundred. No persons could pass those around the last mentioned place without wishing to know something of those who piled them up or for what purpose they were erected. Having seen them first in 1853 I made a resolution to open a few of them whenever I had a chance, although years should elapse. This desire I have at last been able to gratify. As fair specimens of all I selected five from different parts of the great cluster, on the south east side of Cadboro Bay. On looking over them, I found there were two kinds. Towards Uplands farm along the edge of the green slope are a number composed chiefly of earth and stones of various sizes. In the second place and lower down lie the bulk of them, made entirely of stones and having a little earth mixed with bits of burnt wood thrown on the flat top of them. Others with nothing but moss—the growth (5) James Deans, " Settlement of Vancouver Island," a manuscript prepared in 1878 for H. H. Bancroft, now in the Bancroft Library of the University of California Library at Berkeley. A transcript of this manuscript is in the Archives of B.C. (6) W. K. Lamb (ed.), " The Diary of Robert Melrose," British Columbia Historical Quarterly, VII. (1943), pp. 202-204, 206-209. (7) Victoria Colonist, July 18,1905. 242 A. E. Pickford. October of ages. The first we opened was a large earthen one, twenty-five paces in circumference. I commenced by digging a trench 4 feet wide through the center of it, or rather a little to the east as I afterwards discovered, when we had cleared the earth from the larger half, which we had to do in order clearly to understand the way in which it was constructed. I shall give a description of the first we opened, which I shall call an earth mound: On the outside is a circle of large stones set on end 5 feet apart in imitation of pillars, inside of which the earth has been dug out to the depth of one foot or down to the gravel. Two feet inside of the outer circle is an inner one, within which are piled large stones in the form of a cone, of which a large flat one formed the base. Between the inner and outer circle was a space of two feet in width, along which were strewn oak and fine ashes. Beneath the inner cone was a circular hole twenty inches in depth and six feet in diameter, at the bottom of which lay the last mentioned stone. Underneath it, amongst a deposit of black earth containing a few pieces of burnt wood, lay the remains of a human being, they having been put on the gravel and the earth thrown over them; some of the bones had become slightly petrified on the one side next the sand, others showed signs of having been burned. They were lying as if they had been gathered after burning and put in the bottom of the hole in a pile in this order: First, the skull, or what was left of it after cremation was put due south, the leg and arm bones pointing northward, while the others were piled above them. They all crumbled away when exposed to the air. Even the teeth, which were those of a grown-up person, crumbled in our hands. There was not the least trace of ornaments or utensils of any kind whatever having been put along with the dead. This cairn seemed to contain the remains of a chief. The second hole opened was smaller. It had been constructed after the same principle, with this exception: less order was observed in its construction. In this the bones were in a better state of preservation than in any of the five which I opened. The teeth were remarkably flat, smooth and round. I showed them to Dr. Barnard* who kindly examined them for me. He told me, what I afterwards found to be correct, that their flatness was caused by their meeting evenly together when in the act of chewing. In this, the second one, along with the skull, I found a piece of cedar wood, the remains of what appeared to have been some sort of ornament, but much too decayed to make anything out of it. The third one I found in every case to be the same as the others. Before I say anything of the stone cairns, I must explain their mode of construction a little better, in order that Mr. McKay9 and others interested (8) Dr. C. Francis Barnard, a dentist, came to Victoria from Boston, Mass., arriving here in the steamer Josie McNear, July 31, 1866. Ibid., August 1,1866. He remained in British Columbia until the mid-1870's when he returned to New England. As late as 1881 he was reported to be residing at Derry, New Hampshire, aged 70 years. Ibid., February 22, 1881. (9) J. W. McKay was bom at Rupert House, January 31, 1829, and came to Fort Victoria in 1844 in the service of the Hudson's Bay Company; He rose rapidly in the service and in 1852 was entrusted by James Douglas 1947 Prehistoric Cairns and Mounds. 243 in the subject may understand them. First, a circle was formed, wider or narrower, according to the wish of the friends or the rank of the deceased; immediately within this circle were placed on end long stones in imitation of pillars, the vegetable mould, or black earth having been all cleared away previously, within this circle, each pillar being about 5 feet apart. Within the outer circle was an inner one, seven feet in diameter, leaving a space of two feet wide all round the inner circle. On this space were strewn bits of burnt wood; within this inner circle was a hole, six feet wide and 20 inches in depth, sloping inwards—this being the receptacle for the remains which were carefully gathered after cremation and covered up as described. This receptacle was then filled up with large stones until it assumed the shape of a cone (as in caim No. 1) seven feet in diameter and five in height from the bottom of the receptacle. Afterwards all was carefully covered up with earth forming a cairn five feet in height and twenty-four paces in circumference, considerable earth having crumbled down beyond the outer circle since first erected. T _ James Deans. Victoria, December 20th, 1871.10 It will be noted that Deans placed stress on monuments of two kinds—those of earth and those of stone; he gave details of the opening of one large one and two smaller ones all of the earth type. He then explained the mode of construction of monuments of the second class—namely, the stone cairns—and in a later issue of the same newspaper he described the opening of two of the stone cairns. This account is full of information by observers who, in the time scale, are much nearer to the undisturbed aboriginal scene, and in consequence it is reproduced m *U The Stone Cairns. I shall now say a few words concerning the stone heaps (or Cairns, as they are called in Scotland). We opened two of them and found human remains, the same as in the other three, with the skulls due south, while the other bones were piled up on the north side. Some of the bones showed signs of cremation and there was also the attendant charred wood. The only noticable [st'c] difference from the earth mounds was in the mode of construction, which is as follows:— First, a circular trench was dug, ten inches or a foot in depth, in which flat stones were placed on end, inclining upwards close together. Two feet from the inside of the outer circle was a receptacle in which the remains were deposited after cremation. In the with the establishment of Nanaimo and the exploitation of the coal deposits there. In addition, he undertook several important explorations on the Mainland. In 1879 he retired from the Hudson's Bay Company and four years later joined the Federal Department of Indian Affairs, serving with them until his death on December 21, 1900. (10) Victoria Colonist, December 22, 1871. 244 A. E. Pickford. October space outside the receptacle in the first cairn we found a few bones together with a piece of shell. The remains we found in this were all small, seemingly those of a young person. The last one we opened was the same as the fourth and first cairn, saving that the remains were too far gone to bear handling. In the stone cairns, as in the others, the remains had about six inches of mould thrown over them, and then the large flat stone over all, after which the earth taken out of the hole was thrown on, raising it a little above the original surface. Having done this they seem to have gathered a lot of small stones with which they filled up the space inside of the outer circle. Having filled it up all around leaving an empty space above the receptacle, they next seem to have taken large stones and placed them so as to form a cavity, over which they threw small ones, until the mound assumed a conical shape, sometimes throwing a little earth on top. I could find no traces of an opening in [t]he skulls, although perhaps I might if they had not been too far gone to handle. The sum and substance of my researches are that the people who raised these mounds and cairns erected them as receptacles for their dead, which, I think, is proved satisfactorily by finding human remains in each mound or cairn. That they used cremation before laying them in their last resting place, seems clear from the fact that some of the bones were charred, and also from the burned wood found amongst them. There is no doubt they were erected at a very remote period—say over a thousand years ago. The present Indians say their fathers and grandfathers found them the same as they are now. I believe the people who raised the same sort of piles in Oregon raised these ones, for there is a tradition amongst the Indians that in former times the south end only of this island was inhabited, and that the then inhabitants raised cairns. As a proof the Indians say there are none on other parts of the Island. One singularity about them is that there are none under 30 feet above the present sea level. All are more or less placed on what appears to be an ancient sea level or margin, which is 30 feet above the present high water mark. Now, it is well known that the Indians of the present day deposit their dead on islands or by river sides,—a fact which everyone can prove who has been up the Fraser or Thompson rivers. If in this case they were buried by the water side, who can tell what changes have taken place since then. We find many higher, but none under 30 feet. Mr. Robert Homfray, C.E.," informs me that in 1859 he had one of these cairns opened at Florence Lake.12 It was a perfect specimen. There was (11) Robert Homfray arrived in the colony in 1859, coming from the United States", where for a time he had been county surveyor of Nevada County, California. For a time he served in the Colonial Land Office, Victoria, and then set up in private practice as a land surveyor. Victoria Gazette, July 5, 1859. He was born in Worcestershire, England, and was a thoroughly competent civil engineer. For a time he was employed on the Canadian Pacific Railway surveys. He died in Victoria, September 19,1902. it of Langford Lake in the Esqui- 1947 Prehistoric Cairns and Mounds. 245 a covering of earth on the flat top of it, on which a large fir tree grew. He dug down until he found a stone too large to move, and on digging underneath amongst black earth, he found the remains of a human being. What has been found settles so far a vexed question. The absence of implements is rather strange. If I had the means I would like to open a few more at different places in which something might be found. However, I have found enough, I think,to prove they were never meant for catching fowls. Perhaps gentlemen who have a different theory can give some plausible reason for it. If they do I shall be glad to hear from them. James Deans.1* A few days later Deans again submitted additional evidence of the existence of a culture of which the Indians of his day had no knowledge and which he suggested may have belonged to the same pre-Indian period as the mounds and cairns which up to this point had been the main subject of his inquiry. This article described in some detail lines of stones, placed in a straight line running 12 degrees north of east. Each stone so used weighed not more than 30 lb. and not less than 5 lb. In length the lines were usually 50 to 100 feet, but in some instances as much as 200 feet. Removing all doubt as to the possibility that these lines were of natural formation is the fact that they were always double, being composed of parallel lines spaced about 2 feet apart from centre to centre, leaving a space about 20 inches between the stones. As to their age, Deans commented: " The present race of Indians know nothing of them whatever. They found them as their fathers did before them." He further argued: " That the stones were put there for some purpose is evident. If not why follow the same plan in placing them. And why place them so exactly to the same point in the heavens ? "u Deans then submitted a series of four articles entitled " Antiquities of This Island," in which he discussed " Cairns—their appearance, probable age, by whom constructed, their past and present use."15 Again the absence of cairns below a line 30 feet above the present high-water line is noted and advanced as evidence of antiquity. He also pointed out that the mounds were (13) Victoria Colonist, December 24, 1871. (14) Ibid., January 6, 1872. Deans' findings were substantiated by James Richardson, of the Dominion Geological Survey, in so far as the dip of the rocks and their bearing was concerned. (15) Ibid., January 30, 31, and February 1, 8, 1872. These articles are reproduced in full in Appendix C, v. supra. 246 A. E. Pickford. October usually grouped with a series of smaller ones surrounding one of major importance. It was his contention, that the larger the mound or cairn, the greater the importance of the individual buried in it, suggesting that the smaller monuments, surrounding the larger ones, were the graves of slaves or of children. Drawing on his imagination, he painted a picture of a chief being placed on a pile of wood, in which a fire is kindled while the mound is being prepared, and depicted the subsequent action of relations or beneficiaries who added earth to the mound until it reached its final proportions. During 1892 Deans prepared an anthropological exhibit for the World's Columbian Fair held the following year in Chicago. It consisted of an ancient lodge, with its totem-post taken from Skidegate, and a model of a Haidah village, complete with specimens of dress, utensils, and implements.16 His work received further recognition when the International Folk-lore Association in 1899 published his Tales from the Totems of the Hidery1"1 From 1897 to 1899 Deans assisted in the explorations of the mounds and cairns directed by> Harlan I. Smith for the Jesup North Pacific Expedition. To this work Gerard Fowke was also a contributor. The map accompanying the Report shows cairns and mounds extending from Mission City to the east, Victoria and Port Angeles to the west, and Courtenay to the north. The southern limit of this particular mound area seems to be at Coupeville, in the State of Washington.18 Charles Hill-Tout plfeces the western limit of the mound area at Nootka Sound.19 ' It is worthy of note that these monuments on the Mainland of British Columbia are limited to the delta of the Fraser and those lower reaches of the river that are more easily navigated. (16) Ibid., July 18, 1905. (17) James Deans, Tales from the Totems of the Hidery (Vol. II., Archives of the International Folk-lore Association), Chicago, 1899. (18) Harlan I. Smith and Gerard Fowke, " Caims of British Columbia and Washington," Memoirs of the American Museum of Natural History, Jesup North Pacific Expedition, Vol. IV. (Anthropology Vol. III., No. II. [New York], 1901, p. 56. (19) Charles Hill-Tout, "Prehistoric Burial Mounds of British Columbia," Art, Historical and Scientific Association of Vancouver, Museum and Art Notes, Vol. V., No. 4 (December, 1930), pp. 120-126. See also Charles Hill-Tout, " Later Prehistoric Man in British Columbia," Transactions of the Royal Society of Canada, second series, I. (1895-96), section 2, pp. 108-122. 1947 Prehistoric Cairns and Mounds. 247 Similar littoral developments are also found in the Puget Sound area and are shown to be situated usually on slopes with gravelly soil strewn with angular boulders. In every case they were built on a well-defined plan, the main feature of which is expressed in a central cyst, but many of these cysts were poorly made. The structures were especially numerous in the vicinity of Victoria and occurred on every point of land in the bay at North Saanich; many of these have since been destroyed by road- builders or by agricultural development. All of these mounds and cysts overlooked the sea or were near the shore; at many places single cairns were found about 20 feet apart. The construction of the cairns reached its highest development in the vicinity of Victoria, and according to Smith's report " the type of structure appears to have undergone modification with increasing distance from this point."20 The cairns, so far as known, are always near shell heaps, but the latter are so numerous all along the coast that their proximity does not necessarily imply an historic relation in culture between the refuse heaps and the burial mounds. In the area of the cairns, human bones are rarely found in shell heaps, except where a cairn has been erected over the latter. But human remains seem to be absent from shell heaps in regions where no cairns have been found, such as in the northern part of Vancouver Island and in the State of Washington south of Coupeville. It is only in the shell heaps of the Lower Fraser River that human remains are numerous. As to the human remains found in the monuments,21 in North Saanich these usually rested on the natural surface of the soil, the cairn being built over them. However, as Deans pointed out, in some cairns with regular cysts, the skeleton was found in a shallow basin scooped in the original surface of the soil. Occasionally intrusive burials are found in which a certain amount of excavation was done for the reception of the body and over which the cyst and cairn were built. The skulls from the cairns give evidence that the people practised at least two of the methods of deforming the skull that were in common use in the area until (20) Smith and Fowke, op. tit, p. 58. ' (21) A tabulation showing a digest of the information as to the mounds investigated by Smith and Fowke and discussed in their report is given in Appendix B, v. supra. ht 248 A. E. Pickford. October recent times. One of these flattened skulls—from a prehistoric cairn at Cadboro Bay—was presented to the Provincial Museum, Victoria, B.C., in 1898.22 The mounds of the Lower Mainland of British Columbia have been most thoroughly examined by Charles Hill-Tout, who, in 1930, published a summary of his investigations.28 The mounds described are principally those found in the vicinity of Hatzic, on the north bank of the Fraser River 3 miles east of Mission City. Hill-Tout reported five main types :— (1) The simplest of these mounds was formed by placing the corpse in a shallow pit and then heaping, it over with soil. Some of these, evidently children's graves, were only a few feet high and a yard or so in diameter. The larger ones had commonly a diameter of from 20 to 25 feet and were higher in proportion. (2) The next most elaborate in structure was formed by placing the corpse in the centre, whether in a sitting posture or prostrate was not determined, and then it was built over with a large pile of boulders, over which earth was heaped to a height of from 6 to 9 feet. Some of these mounds had a distinct layer of charcoal between the boulders and the earth covering. (3) As a variant from these there appeared to be a group in which large quantities of coarse sand were used to form the body of the mound. Much of this sand, being foreign to the district, must have been imported. One mound of this class was surmounted by a dead cedar tree, calculated to establish the age of the mound at least at 1,000 years. This mound was stated to be the only one which furnished any osteological data of any importance, such bones as were found in the others crumbled on touch. A copper awl or spindle was also found in the mound under the cedar tree.24 (4) The fourth class of mound differed from the above in that its outside limits were marked by a line of boulders (22) It is exhibit No. 296. (23) Charles Hill-Tout, " Prehistoric Burial Mounds of British Columbia," loc. tit, pp. 120-126. (24) See Plate I. 1947 Prehistoric Cairns and Mounds. 249 set side by side to form a square, each side of which faced one of the cardinal points of the compass, like the pyra-. mids of Mexico. While Hill-Tout spoke of the base of this mound as being about 5 feet below the general level of the ground, his sketch of it does not indicate a pit. (5) The most elaborately constructed of all these mounds is depicted by a sketch which shows a central cairn surrounded by three successive squares equidistantly placed from one another, the outermost being composed of a double line of stones placed in close conjunction and capped by a third line or upper layer. The upper part of this structure was of the same form as fourth type described above. Five very crudely formed copper objects,26 some red ochre, a fragment of coarsely woven blanket made from the hair of the mountain-sheep and a small quantity of human hair of two colours, black and brown, constitute the entire collection of relics taken from these mounds. The skull mentioned as being found in mound type (3) above was judged to be that of a woman, and it showed traces of artificial deformation. Unfortunately, Hill-Tout did not record the total number of mounds opened in the work from which his descriptions were compiled. A. E. Pickford. APPENDIX A. • Report on a Prehistoric Burial Mound located on the Comiaken Indian Reserve, Duncan, B.C., investigated by the Provincial Museum, 1944. Incidental History. The prehistoric mound at Duncan bears marks of ancient human handiwork. It has, therefore, long been an object of curiosity, not only to people of our own race, but also to the Indians on whose land it is located. The site is part of what is now known as the Comiaken Indian Reserve. The Salishan word Comiaken was given long ago as a name to the aboriginal settlement in the neighbourhood of which this mound is located. The meaning of this word is said to be " the first man." Those who are familiar with European translations will agree that even when an idiom of one language is converted into another language of more or less common origin, it is difficult enough to find a translation that will convey the exact shade of meaning. But, when an idiom of an Amerind language such as the Salishan is converted from its very foreign elements into English, the difficulty of exact duplication of meaning is very much greater. Therefore, it is suggested that the translation of the compound word Comiaken, if converted into terms of really modern English, would be better expressed as " the prehistoric man." Whatever the ultimate decision as to this translation may be, there will always remain the theory that the Salishan ancestors who gave the name Comiaken to the later-day Indian settlement were cognizant of the pre-Salishan human occupation represented by the mound and thus were aware that the territory on which they had elected to live had been previously occupied by a former race of what was to them prehistoric man. In other words, the theory is that they named their settlement in consequence of and in reference to their knowledge of the prehistoric men who had lived there before The site on which the mound is located is now owned by Canute Lemo, of Koksilah, whose affairs under the Indian Act are controlled through the Indian Agency at Duncan. Canute Lemo is a full-blooded Indian over 80 years of age; he and his son, Chris Canute, both took an active interest in the digging operations conducted by the Provincial Museum. These and other Indians of the reservation confessed complete ignorance of the origin of the mound and did not recognize it as being the burial-site of any of their own people, thus they had not the slightest hesitation in giving their consent to the mound being opened when the project was broached to them through the cooperation of the Indian Affairs Branch of the Department of Mines and Resources. As is natural with such landmarks, various stories have become associated with this mound. Chris Canute remembers many such stories as told by his grandmother, who was born about 1838. One of these 1947 Prehistoric Cairns and Mounds. 251 stories speaks of the occupation of the spot by a contingent from the Hudson's Bay Company's fort at Victoria, consisting of a number of Governor Douglas's mounted police, known as voltigeurs, who arrived on the scene on a punitive expedition in 1856.1 A white settler had been shot by an Indian and H.M.S. Trincomalee had been sent into Cowichan Bay,2 whence, according to Canute, she bombarded the Indian houses, causing the Indians to flee in terror to the woods.8 The Indian account reflects vividly the awe experienced on the flash of fire, together with the smoke and the echoing rumble of the guns. The people ran from their houses and, not knowing which way to turn to avoid the danger, they joined together in groups within the fringes of the wood, taking comfort in the presence of each other as though by mutual support they might be able to steady the quailing of their bodies and silence the crash of doom which rumbled so ominously in their ears. When at last the men from the warship came ashore, they camped in the vicinity of the mound, from which high ground they could scan the surrounding country. Then the terrified Indians were glad enough to point out the hiding-place of the murderer, who was ultimately hanged to the limb of a near-by oak tree. The twigs of this tree still spread their green foliage in the vicinity of the mound. The second story connected with the mound, as related by Canute, is that of the coming of Father Peter Rondeault.4 Canute says a story concerning the deeds of his grandfather runs in the family tradition somewhat as follows. One day a ship came into Cowichan Bay and the then chief, Lo-ha, who was standing on the hill by the mound, saw a lone man come ashore. The stranger was dressed in black and, having nothing in his hand, he walked in the direction of the Indian village while the ship sailed away. This was rather surprising to the Indians, since their first experiences of the new white people had been through demonstrations in force; they did not know what to make of a man who would so deliberately deliver himself into their hands. So Chief (1) R. H. Coats and R. E. Gosnell, Sir James Douglas (Makers of Canada Series), Toronto, 1908, p. 218. (2) H. H. Bancroft, History of British Columbia, San Francisco, 1890, p. 236. (3) This was the second of such punitive expeditions. The first had been carried out by H.M.S. Thetis in 1853, to avenge the death of a young shepherd in the employ of the Hudson's Bay Company who had been mur- . dered by two Indians. On this occasion we are told that the commander of the vessel had specific instructions from Governor Douglas not to fire the guns of the ship. See W. N. Sage, Sir James Douglas and British Columbia, Toronto, 1930, pp. 178-180. (4) Rev. M. M. Ronden, "The Cowichan, Saanich and Kuper Island Missions," British Columbia Orphan's Friend Historical Number, December, 1913, pp. 41, 42. In 1858 Father Rondeault paddled his own canoe from Saanich with " a sack of flour, a gun and his breviary." Hospitality was extended to him by an Indian named Gabriel Tsulchamet. The coat of the Indian is described as " His battle coat, a ragged skin vest adorned with shells and fringed with locks of hair of women." Traditionally these locks were those of his enemies killed in battle. 252 A. E. Pickford. October Lo-ha called Canute Classiston and, full of bewilderment, they went down to greet the black-robed priest; here again they were surprised, this time by his care-free manner and the friendliness of his approaches. When they learned that he had come to live with them always and to teach them how to improve their ways, they had their people build for him a little shelter made of rude boards and lined with mats, in which he lived all of the first summer of his mission. Later the Indians supplied him with logs, from which the good father built his own permanent quarters. This, and all that Father Rondeault did, awoke in them a respect so deep that, when he proposed to build the stone church which is still standing on the hill, they were ready to supply all the labour that was needed and joined eagerly in the work. The large rocks used in this edifice were all moved to the spot by the natives, some having been brought from the quarry which is still seen by the roadside just below the church. Father Rondeault also is said to have taken an interest in the mound; this primitive monument being so close to his own most modern building, he was no doubt interested in the dominance of his own Christian monument over what he would have referred to as " this pagan burial." From one Indian source he is reported to have dug down in an attempt to open the centre of the mound but, having come across a piece of cedar board of native workmanship, he is said to have been warned thereby and to have abandoned the attempt. In support of this story there is something of a cavity on the top of the mound which may have been caused by someone digging, although more probably it was caused by the decaying of a tree which preceded the Douglas fir now standing. The interior of the mound, when opened up in September, 1944, showed no sign of previous disturbance, but .some dead roots of a former tree were found. The Project. The interest of the Provincial Museum in this project was stimulated by three considerations:— (1) The fact that this mound was not recorded on the composite map published by the Jesup North Pacific Expedition, indicating that it had been overlooked by former investigators: (2) The fact that this mound differed from other such monuments in that it stood alone, there being no present sign, nor memory among the Indians, of other associated mounds in the vicinity: (3) The fact that this is practically the only earth mound to be studied scientifically within the Island area, 98 per cent, of similar monuments hitherto examined having been in the nature of stone cairns. Thus, in the hope that the mound might yield new information on this very interesting phase of the most primitive life in British Columbia, permission was obtained from the Indian Affairs Branch, Ottawa, to proceed with the work. 1947 Prehistoric Cairns and Mounds. 253 The Site. The mound stands on a gentle slope near the top of the low hill on the summit of which is found the old stone church erected by Father Rondeault in 1870. The mound is approached by a short private road, being the first turning to the left, or southward, after passing the old stone church on the northward journey along the old main road from Victoria to Duncan. Even at first sight the mound gives the impression that it was constructed to record some outstanding event or tragedy of major importance; it also immediately conveys an impression of great antiquity. The choice of the site is in itself remarkable, to the south and west a superb view opens up over the rich delta lands in which the Cowichan River mingles its waters with those of the Koksilah just before these rivers enter Cowichan Bay. In this delta land some of the old Indian houses are still standing, and dug-out canoes containing primitive fishing equipment can still be seen moored along the banks of the sluggish water. To the north Mount Prevost stands up in bold prominence and, over the hill, Mount Tzouhalem, named in memory of a dreaded chief, carries many a legend connected with the isolation ceremonies of the local tribes. In the immediate vicinity of the mound and about 200 feet to the west is one of the sloughs of the Cowichan River which is navigable at high water and which lies about 43 feet below the elevation of the mound. Near this water the slope flattens out, and here, where the turf is broken, shell debris is seen in sufficient quantity to indicate that this lower portion of the slope may have been at one time the site of a native settlement. Description of the Mound. Surmounting the mound and close to the centre of its periphery is a Douglas fir tree 9 feet 6 inches in circumference at breast height. This tree was bored with a 16-inch increment borer, by means of which the age was determined as approximately 90 years. Since evidence gathered from this and similar mounds indicates that this monument may be well over a thousand years old, it will be seen that the presence of so young a tree has no real relation to the original history of the structure. Below the tree the mound rises in a gentle gradient, which, due to the slope of the natural surface, is longer on the southwest side and shorter on the northeast. The height of the structure above the natural level taken at the centre of the mound is about 5 feet 6 inches. The perimeter of the structure is denned by a rough circle, from 33 to 38 feet in diameter, and is marked by irregular rocks of local origin which are very much weathered and range from 6 to 18 inches in length. The greater part of each of these is sunk in the turf, and on the south side they merge with other natural rocks of the same kind, from which they are scarcely distinguishable. On the upper side of the mound is a shallow depression, which indicates a borrowing of soil from this spot for the heaping of the mound. Another less distinguishable but larger area of borrow-pit seems indicated about 60 feet away 254 A. E. Pickford. October to the northwest. The structure of the mound supports this notion of local borrowing, the soil being similar to that of the natural surface and there being no evidence of sand or soil carried from a distance, such as seen in the Hatzic area by Hill-Tout. The Opening op the Mound. The mound was opened up from the up-hill or northeast side, a ditch about 3 feet wide being dug in the direction of the centre of the mound. No evidence of stratification was found, nor were there any varying layers of soil. In the working of the ditch occasional evidences of fire were found, particularly about 4 feet from the centre and about 15 inches below the surface, where pieces of charred wood about 4 inches square in section were removed. There were no ashes in conjunction with this charcoal to indicate that a fire might have been lit on the mound itself while it was in process of building. The indications were rather that the charcoal had originated in fires lit in the vicinity of the borrow-pits and had been conveyed with the borrowed earth to the mound. A rough semblance of a wall of native rock on the northeast side flanking the upper edge of the borrow-pit may have had something to do with the burning of ceremonial fires. The progress of the digging near the centre of the mound was hampered by strong roots from the Douglas fir tree which penetrated deep into the mound, but, on these being removed, the long-expected stone cyst soon came into sight, and strangely it was almost directly under the main trunk of the tree. After working away considerable quantities of soil, the cyst was seen to be composed of large natural angular slabs of rock varying from pieces 2 feet by 1 foot by 4 inches of oblong outline to pieces of less regular shape, but all were larger by far than the average rocks found in the vicinity of the mound. These, therefore, may have been carried from some distant point. The cyst appeared to be roughly circular in outline, having a diameter of about 3 feet inside measurement. The interior was compactly filled with earth fine enough to have infiltered through the dome of the cyst, but there was no evidence to show that this earth had not been part of the original structure. The rocks of the cyst were sufficiently overlapped and the capping was done in such a manner that the cyst may originally have stood without this interior support. No relics or human remains of any kind'were found in the digging other than a small quantity of very fine ash on a level With some unburned vegetable debris which marked the original surface of the soil. There was no evidence of a shallow cup having been made in this surface for the receipt of human remains, such as noted by Deans and others in the southern part of Vancouver Island. In order that there might be no doubt as to a burial below this orignial surface, the digging was continued down to bed-rock, about 15 inches below the original surface of the soil. By testing with small holes dug on the natural slope above and below the mound, this bed-rock was found to continue with some uniformity under the whole area. 1947 Prehistoric Cairns and Mounds. 255 Conclusions. That there is considerable variation in the prehistoric mounds found on and in the vicinity of Vancouver Island is evident from a perusal of Appendix B, which shows tabulations compiled from the records of such mounds as have been excavated by former investigators. Whether this variation arises from difference of habit due to changes brought about by progression of culture with the advance of years or whether it was caused by the impulse of the moment, or governing local conditions, it is impossible to say. We have, however, no hesitation in saying that the Canute-Comiaken mound of Duncan belongs to the same remote period of culture which marks the origin of the mounds centring around Victoria, Saanich, Hatzic, and Puget Sound. We base this conclusion on the evidence gathered during the digging and exploration of the Duncan mound as herein recited and especially on the striking similarity between this mound and the general construction of the mounds in the surrounding area, and also on the elevation of the site above the water- line, which latter factor is in agreement with Deans' records of similar constructions. Although it was impossible to identify any, even of the smallest, human remains in the small quantity of ash found on the floor of the cyst, yet the presence of this cyst and of the ash on the unburned vegetable debris of the floor, taken in conjunction with what we know of the other mounds in the vicinity, indicates a human burial in which the body was cremated outside the periphery of the mound, with a subsequent transference of what could be gathered of the ashes to a specially prepared site. Finally we would point out that the manner of cremation, taken together with the use of the small box-like cyst in the burial mounds of this vicinity, adds another item to the mass of evidence already gathered, all of which is contributory in favour of the proposition that a close relationship existed between this early culture of the Amerind peoples and that of the late Neolithic races of Asia. Subsequent Use of the Mound. It has been suggested that the stones of the cyst be restored to their original place, that a small retaining-wall be constructed to keep open the trench dug in exploration, and that the mound be encircled with a fence. When this is done and a suitable plaque erected, we suggest that the mound be declared an historic monument and that facilities be given for its inspection by tourists. This proposal has received the approval of the British Columbia Government Travel Bureau, and formal permission from the Indian Affairs Branch, Ottawa, is being negotiated. A. E. Pickford. Victoria, B.C. I 256 A. E. Pickford. October APPENDIX B. A Tabulation of Prehistoric Mounds and Cairns of British Columbia, compiled from Harlan I. Smith and Gerard Fowke, " Cairns of British Columbia and Washington," Memoirs of ' the American Museum of Natural History, Jesup North Pacific Expedition, Vol. IV. (Anthropology Vol. III.), No. II. [New York], 1901, pp. 55-75. Cairns. North Saanich, 1898 Excavations.—-Twenty-one cairns were examined. Many were built on top of shell heaps, usually the stones forming the cyst constituted the greater part of the structure, being composed of a single row of large stones, while the space between this outer wall and the cyst was filled with small fragments of boulders and soil. Bodies of the dead were usually flexed, laid on side on surface or in a shallow hole. Twenty cairns contained cysts. (Stone rings, none.) Two reported as surmounted by large trees all contained human remains. Four showed definite signs of cremation. In one the skeleton had been " redistributed." In one the skull was missing. Associated objects include a chipped arrowhead and a rough copper object; a stone mortar covered one skull and some shells (unnamed) were found in North Saanich, 1899 Excavations.—Twenty-three cairns were examined. Seven contained definite cysts. One had no cyst, the body being buried in the earth and a cairn over. Nine were reported as having " cairns and cysts in one." Two were mere stone heaps. Four (two with cysts as above) were cairns filled with yellow clay. All contained human skeletons, one skull missing. Four showed definite signs of cremation, this having been conducted outside the periphery of the cairn. One uncremated skeleton was covered with a single stone. In one the skeleton was covered with earth and then with boulders. Only two were reported as surmounted by trees. No associated artifacts Cadboro Bay.—Twenty-four cairns were examined. Four were rectangular in plan. Three had well-defined cysts. In ten or more the cairns and ill-defined cysts appeared to be one. In one the rocks were piled right upon the skeleton. In three the cairns were more or less covered with earth. Two had slight depressions around, and one was a grave surrounded by small stones. The maximum size of the cairns was roughly 15 feet by 15 feet by 2 feet 6 inches high. Thirteen had skeletons more or less complete. Three skulls were reported as " flattened and laterally compressed," and one skull as " flattened back and front" (these being artificial deformations made during life). In six cairns were only fragments of human skeletons, and in three there were no traces of human remains. No signs of cremation were reported. 1947 Prehistoric Cairns and Mounds. 257 Whidbey Island.—Ten cairns were examined, each contained a skeleton. Many of these cairns were built at the sides of large boulders which, undoubtedly, were already in situ before the burial; in these the skeleton lay on its right side with its face towards the large boulder and head directed to the west. No cysts were reported, the body being covered by heaping small stones. San Juan.—Six cairns were reported; these were shown to be very ancient. Two of these were examined; in each was a cyst containing human remains. Evidence indicated that cremation had been practised outside the periphery of the cairn. One cyst contained an almost complete skeleton which was charred; this cairn was 25 feet square. The second cairn examined was 12 feet by 8 feet by 3 feet high; in this the cyst contained nothing but a little ash. On top of one of the remaining cairns was a boulder estimated to weigh 1,000 lb.; this one was on Turn Island. Lopez Island.—One cairn was examined, it being 12 feet by 8 feet by 3 feet high. No cyst was reported, but the cairn contained a skeleton which had been subjected to partial cremation. This cairn was heaped over with earth and supported a tree 6 feet in diameter. Other small stone cairns were reported on the shores of Hunter Bay. Mounds. It should be noted that all of the above cairns were either on Vancouver Island or on the Gulf Islands. The total of those examined was eighty-one, and many others were reported. In all this area Mr. Harlan Smith and his associates found but one earth mound, and even that was very much in the nature of a stone cairn covered with earth. On the Mainland, however, practically all such monuments were of the nature of earth mounds; unfortunately, in the early development of the Fraser Valley and delta, many of these mounds had been levelled by farmers and others before they began to attract the attention of anthropologists. Nevertheless, records are available of the following:— Cadboro Bay.—This is the one mound for the Island area referred to in the paragraph next above; it was found standing amid the twenty-four cairns above reported and was seen as an earth mound 18 feet in diameter and 3 feet high. In the centre was a rough stone cyst made up of sixteen stones, six of which weighed from 200 to 500 lb. each and the other ten from 20 to 75 lb. each. In this cyst was a skeleton, apparently uncremated. A slight depression—especially when allowances have been made for the levelling influences of the natural elements—indicated a borrow-pit technique similar to that reported at Duncan in the main body of this discussion. Port Hammond—Two circular mounds were reported, one 24 feet in diameter by 5 feet high and the other 10 feet high. No cysts were contained. The skeleton in one was laid lengthwise; in the other burned clay and ashes indicated cremation outside the periphery of the mound. ! 258 A. E. Pickford. October Hatzic—Circular mounds of earth were found, several of them having interior stone cysts and circular rows of small stones. Three of these were examined in 1894 by Mr. Fredrick T. Lazenby, who reported on them for Mr. Smith's publication as follows:— (1) About 24 feet in diameter, 7 feet high, flat on top, 14 feet in diameter. Surmounted by an old cedar tree 8 feet in diameter. Large boulders, almost touching one another, encircled the base of the mound. Similar boulders formed a second ring 18 feet in diameter (therefore within the mound itself). The cyst was 4 feet square and 3 feet high, covered with a flat stone. Body flexed, facing east. Long-headed skull; hair rusty black. A broken copper needle,1 7 inches long by three-eighths of an inch at base, and three oblong plates of copper 3V2 inches by 214 inches, each with an oblong hole, all enclosed in cedar bark, were found within the cyst. A small piece of fabric of mountain-goat wool was also found. (2) Mound under C.P.R. embankment, similar to the above, with cyst; not opened. (3) South side of railway slightly west of No. 1. In the cyst was found the skull of a long-headed woman. A copper ring enclosed in cedar bark and a long strand of hair were found (N.B.—Lazenby specifically states in connection with the stone circles that no mound was found in which such stones formed squares, nor were they laid more than one tier high. Hill-Tout, however, has shown some such, for details of which see his article previously referred Pits. Point Roberts.—Pits from 5 to 15 feet in diameter, and from 3 to 5 feet deep were found to contain human skeletons. In one were four skeletons, bones disarranged. Evidence suggests bodies placed in boxes buried in pits and covered with boulders. No artifacts. Some pits surrounded by boulders. (1) See Plate I. Prehistoric Cairns and Mounds. 259 APPENDIX C. Antiquities of This Island (by James Deans). y whom Constructed, So far as is known, there are but two sorts of Cairns on this Island, or perhaps on the whole coast from the Columbia river northward. First, the earth mounds, or burrows, constructed of earth and stones, as already described, and the stone cairns; that is, stones collected from the boulder drift and roughly filled up in a conical shape—grey, uncouth, moss-covered, hoary sentinels guarding the remains of a race who, one and all of them, have finished their journey through life with all its toils and troubles, joys and sorrows, leaving nothing, but these rude cairns to tell to future generations their existence. That they are very old, there is no room to doubt. The hoary l[i]chen, which covers the grey stones of their sides, or the gnarled oak, on the top of them, proclaim to wandering man that their leaves have dropped the dews of summers, and their branches have bent .before the storms of winter for a thousand years. Even the old bones as they crumble to one's touch seem to say " leave us alone to our long rest, we belong not to your day or generation." Running down the pages of history, we find that mounds or cairns were the earliest modes of sepulture. There were the monuments of the heroes of the Trojan war, and how much earlier we do not know. They (the larger form of burrows) are dotted like low, natural hills over the steppes of Tartary; they are found buried under the rank tropical vegetation of Central America, monuments of races of whom no other relics remain. Human remains have been found up the Fraser sixty feet below the surface—remains probably of a people who lived contemporaneous with teose [sic] who raised these cairns. As yet we have not found any lower than 80 feet above water mark, although we have found many a great deal higher. At Cadboro bay there is an ancient sea beach, well defined. Leaving the edge of the water at present, you ascend a steep slope and gain a flat four or five hundred yards wide; leaving this flat you reach another, after having climbed a second steep bank say 60 feet in height, resembling in nearly every instance the present one at the water's edge. Along the brink of this second slope is a line of mounds of various sizes—generally two or three smaller ones around a big one. We find them extending along the brink for a distance of nearly half a mile. At one time, there is no room to doubt, the sea washed the bottom of this slope. If so, then the remains were buried on the sea shore, whereas now they are nearly a quarter of a mile back from it. If the subsidence of the waters was caused by an upheaval, I think 3000 years must have elapsed since then that being the time I allow the waters, to have formed the lower slope or terrace, as it is in its present state. (1) Victoria Colonist, January 30, 1872. If 260 A. E. Pickford. October All along the upper slope are hollows where water had run. In several of those hollows are small cairns. Now these cairns must have been placed there after the water ceased to run. Whether they were placed there before the subsidence of the water is very hard to say, probably they were placed shortly after. Judging by the dryness of the ground and the decayed state of the bones I think I may allow 2000 years as the probable age of the cairns. One thing is very curious; the absence of them under 30 feet above high water mark? By whom they were constructed is the point to be considered. Whether by the forefathers of the present Indians, or by a race long extinct? The people who built them, whoever they were, were identical with those who raised the cairns on mound prairie, Yamhill county, Washington Territory, and in Oregon, and (who knows?) the ancient cities and mounds in Central America as well. When once the cairns and mounds on this Island are fully explored and compared with these in Yamhill county, no doubt a great amount of historical light will be thrown on them; at present too little is known, for any person to form an idea at all plausible as to the race by whom thed [sic] were raised. We have never been able to obtain a whole skull as yet, they having crumbled away on exposure to the air; but I have found enough I think, to lead me to believe that the skulls of the cairn-builders were smaller than those of the Indians of the present day. Be that as it may, further discoveries will decide. James Deans. Cairns, Their Uses, Past and Present.2 The only monuments to which people in a rude state of civilization seem to have been anxious to give durability, are their are [sic] graves, and to the contents of these we must look for any traces of the character and manners of those who built them. From the remotest ages it is customary to mark for future generations the last resting place of the honored dead by raising mounds more or less elevated, according to the power and influence of the deceased. The larger and more perfect the mode of construction of the mound or cairn, the more did it show the power and influence of the person to whose memory they were erected, which can be proved from the fact that if we find a small or badly constructed mound we are sure to find, on opening it, that it encloses the remains of a child or a young person. If a grown-up person they must have had no property. The more they seem to have had to give away, the more pains were taken with their cairns. It is customary to this day amongst the Northern Indians to give their children an ugly name on purpose to inspire them to acquire property, with which they can buy an honorable name from their Chief; and also that they may attain habits of industry and ultimately become Chiefs themselves, when all the tribe will come and build them a respectable house with their family crest (an eagle or a crow, or (2) Ibid., January 31, 1872. 1947 Prehistoric Cairns and Mounds. 261 beaver,) whatever it may be, cut out on a spar and set on end at their, door and when dead will give them a respectable pole, box and copper plate to make their rank in life, the pole being set up on an end with the body in the box and the copper plate underneath. This seems to have been the case with the people who left those cairns. When a chief died all the friends and tribe came and filled up his cairn, he having had the means to, give them presents. Thus they in turn raised a high and perfect cairn. To the poor they raised a mean cairn. Sometimes we find a long mound with two or three little ones around them. These little ones I think must have been the slaves of the deceased or the children perhaps. Let us turn to the pages of the past and fancy ourselves in the habitations of the primitive people. Should a a [sic] Chief or a warrior die or be killed in battles, wood is gathered and a pile raised. The body is placed on the top of it, a fire is kindled, it smokes and blazes, the body is consumed, a hole is being dug, the ashes are gathered and put away in the hole, (the receptacle in the inner circle) large flat stones are thrown in and the mound is piled up. It is finished, and the ashes are left to their long repose. Somewhat after the mariner of the early Saxons, as is described in an ancient poem—the adventures of Beodulf [sic]:— Then the heroes, weeping, Laid down in the midst The Famous Chieftain— Their dear lord. Then began on the hill The warriors to awake, The mightiest of funeral fires The wood smoke rose aloft; Dark from the fire Noisly it went. Mingled with weeping. Command the war chiefs To make a mound Bright after the funeral fire Which shall be for a memorial To my people. James Deans. Cairns, Their Uses, Past and Present.8 The next thing in order to be noticed is the shape of the cairns. In ancient times the circle had a religious significance in relation to the rites of sepulture. Now in the cairns there is the inner circle or the receptacle. Next again, are the two outer circles. Now in ancient mythology the circle refeered [sic] to eternity, and the central point to time. The garden of Eden was of circular form, and the Tree of (3) Ibid., February 1, 1872. 262 A. E. Pickford. October Life was placed in the centre (Gen 11, 9.) Now as this was reported to convey the privilege of immortality the centre would hence be esteemed the most honorable situation and be ultimately assigned to the Deity. The tribes contiguous to Judea placed an emblem in the centre of a circle as a symbol of the Deity surrounded by eternity. The Smothraciana had a great veneration for the circle, and hence rings were distributed to the uninitiated as amulets possessed of the power of averting danger. The first settlers in Egypt transmitted to their posterity an exact copy of our own point within a circle of boundless light, in the centre of which the Deity is supposed to dwell. The number one was the point within the circle, doubled the central fire or God. The point within the circle afterwards became a universal emblem to denote the temple of the Deity, and referred to the planetary circle in the centre of which was fixed the sun, as the universal God. Servius tells us that it was believed that the centre of the temple was the peculiar residence of the Deity, exterior decorations being most ornamental (Serv. Georg. 3.) Hence the astronomical character used to denote or represent the sun is a point within a circle, because that is the figure of protection. The most perfect metal, gold, is also designated in chemistry by the same character. With this reference the point within a circle was an emblem of great importance amongst the British Druids. Their temples were circular, many of them with a single stone placed in the centre. Their solemn processions were all arranged in the same form and without a circle it was impossible to obtain favor of the Gods. The rites of divination could not be securely and successfully performed unless the operators were protected within the consecrated periphery of a magical circle. It is remarkable that, in all the ancient system of Mythology the Great Father, or the Male Generative principle was uniformly symbolized by a point within a circle. In the latter ages of idolatry the point within a circle, with an unequivocal allusion to the public worship, was the principal object of veneration with all people in the world. After what I have said my reader will be able to see how marked an affinity exists between these points within a circle and receptacles of the cairns, which are nothing more or less then [sic] the same sacred point within a circle. It is, I think, worthy of notice that the remains should be put in the exact spot on the circle where the point is always put—that is in the centre of it. It is also remarkable that in every cairn the skull should be put on the sun side of the point—that is the bones pointing northward, while the skull was due South. By the order of construction it was necessary to build the cairn at once, and not by the accumulated deposits of years, as in Scotland. In Scotland it was customary when a person has been found by the wayside or on the moor, when he had been murdered or had perished in the storm, to bury him where found, and every passer by threw a stone on his grave until in after years they grew to vast dimensions. Hence the saying—" I will add a stone to his cairn." James Deans. 1947 Prehistoric Cairns and Mounds. 263 Trap Holes.4 Hardly any person can have failed to notice by hill sides or forest glades and more particularly by running water, spring or swamp, large holes about six feet in diameter, and six or eight feet in depth, and looking like wells under a willow bush, for now a large willow generally grow [sic] out of them. These holes, long after this island is cleared and settled, and their uses forgotten, will puzzle many a wanderer. These holes were used as pitfalls to trap game (deer in particular) before the Indians had firearms. Their mode of construction was as follows: A circular hole with perpendicular sides was dug and carefully covered over with green boughs of grass and earth, resting on wood. Strong enough to bear the covering, but nothing more in order that deer passing over it would drop through. When once at the bottom deer could never get out again. The Indians used the holes regularly when, if they found game, they would club them to death and pull it [sic] out, In some places they are found singly, while at others they are found in groups chiefly near the water, as I said before. Some of them are very old I have found them by the sides of what must have been a large swamp, although at the present time nearly dry and covered with timber. I have, seen one of these holes with part of the wood covering remaining. These pitfalls ceased to be used on this part of the Island after firearms became plentiful. There are other holes or hallows [sic] scattered all over on dry or hilly ground, mostly where the Indians were, or have dwelt. They are of all sizes, but not more than 2 feet in depth. These holes are at the bottom full of stones and burnt wood. They were always and are still used as places for cooking the roots of the camaos [sic]. I have seen them in operation; the Indians use them in this fashion. First a hole is dug, a fire is made of wood at the bottom, stones are putt] into it when red hot, the roots are put on and covered with pine boughs, while water is thrown over the mass, which is left to cook and steam. J Deans. (4) Ibid., February 8,1872. I THE WORK OF VENIAMINOV IN ALASKA. During the Russian occupation of Alaska there were many men whose work is worthy of recognition. Two stand preeminent—Baranov, the builder, and Veniaminov, the priest—and appropriately enough they represent the two divisions of authority—church and state. Much has been written about Baranov,1 both in history and in fiction, but Veniaminov seems to have been overlooked, and this brief sketch is an effort to recount the role he played in Alaskan history.2 Veniaminov was born on August 26, 1797, in the village of Anginsk, near Irkutsk, Siberia, the son of Eusebius Popov, sacristan of the Church of St. Elias. He was christened John Popov. The family was poor, and at the age of five John began to receive instruction from his father. Upon the death of the latter two years later the young boy was adopted by his uncle, Demetrius Popov, who took him into his own home and gave personal attention to his education. He proved to be an apt pupil, and at the age of nine entered the theological seminary at Irkutsk. Here he continued to come under the influence of his uncle, not only in matters relating to his religious studies, but also in what we would now call manual training. This latter accomplishment proved to be most valuable to him in his work in Alaska. One of his first efforts was the construction of a water-clock, the frame and hands of which were of wood and the wheels were turned by water dropping on a piece of tin. In 1814 a new rector came to the seminary and decided to change the names of the students. John, now seventeen, was (1) Hector Chevigny, Lord of Alaska; Baranov and the Russian Adventure, New York, 1942; Florence Willoughby, Sitka, portal to romance, Boston, 1930; and C. L. Andrews, "Alaska under the Russians—Baranof the builder," Washington Historical Quarterly, VII. (1916), pp. 202-16. (2) The standard biography of Veniaminov has never been translated from the Russian. Two English sources are available, and upon these the author has drawn heavily for information: The Life and Work of Innocent the Archbishop of Kamchatka, the Kuriles and the Aleutian Islands and later the Metropolitan of Moscow, San Francisco, 1897; and A. P. Kashe- varoff, " Ivan Veniaminov, Innocent, Metropolitan of Moscow and Kolomna," Alaska Magazine, I. (1927), pp. 49-56,145-150, 217-224. 266 Archie W. Shiels. October the outstanding pupil of the seminary, and to him was given the name Veniaminov, in honour of Benjamin, Bishop of Irkutsk, an outstanding and greatly beloved churchman who had died that year. From that time until he himself was consecrated a bishop, he was known as Veniaminov. In 1817 he was ordained a deacon of the church and became a teacher in the parish school. The next year he was ordained a priest and continued at the Church of the Annunciation, where he became extremely popular. In 1823 the Holy Synod ordered the establishment of a mission on Unalaska Island. Great difficulty was experienced by the Bishop of Irkutsk in finding a priest for this hazardous undertaking, and in the end the embarrassing situation was relieved by Veniaminov offering his services. Thus it came about that on May 7, 1823, accompanied by his wife and year-old son, Veniaminov set out from Irkutsk for Yakutsk on the Lena River. From thence they travelled overland to Okhotsk, where they boarded a vessel sailing to Sitka. Eventually on July 29, 1824, their destination was reached. Unalaska is one of the largest of the islands of the Aleutian Archipelago. Veniaminov was unperturbed by the primitive conditions he encountered. Only an old wooden chapel was in existence; temporarily he and his family lived in a native underground hut. Almost immediately he set himself the task of erecting a new church and dwelling-place. His first step was to teach the natives the art of building and carpentry, as well as brick-laying and masonry. In July, 1825, the corner-stone of the Church of the Ascension was laid. Much of the work was done by Veniaminov, and at the same time he built his own home and made the furniture for it. An even more difficult task was the study of the Aleut language, for unless he was able to converse with the natives in their own tongue, his work as a priest would be seriously hampered. His parish was large, covering, as it did, all of the Aleutian and extending to the Pribilov Islands. Each year Veniaminov travelled thousands of miles, by sea in a baidarka (skin canoe) and occasionally with dogs and on foot. Knowing the climate of the Aleutians—almost incessant rain, fog, and wind—one can well imagine the privations he must have suffered on such journeys. It is said that he was often forced to go hungry, generally wet to 1947 Veniaminov in Alaska. 267 the skin, and most of the time living in dirty, smelly, cold native huts. A true disciple of the Master, he was untiring in his efforts to teach his flock and to give them an understanding of the Christian religion, and to that end, soon after he had mastered the language, he commenced to translate the sacred books into Aleut. The first to be translated was the gospel of St. Matthew. At the same time he opened a school, where he taught the Aleuts to read and write. His efforts were further complicated by the fact that he had to invent an Aleut alphabet. Long were his hours; he spared himself not one bit in his effort to bring the Word to his children (as he called them). His reports to his superiors, or such of them as have been translated, clearly indicate his attitude to the Aleuts and throw light on the success of his efforts. Of all the good qualities of the Aleuts nothing gave me more pleasure and satisfied my heart than the diligence they had for listening, or more properly the thirst they had for hearing the Word of God, for a most untiring preacher could become weary sooner than their diligence become lessened. ... I acknowledge openly that during such conversations (or preachings), I experienced in fact the consolations of the Christian faith, those sweet and unspeakable touches of grace, and therefore I owe the Aleuts more thanks than they owe me for my work, and I will never forget them.3 Veniaminov laboured with the Aleuts for ten years. In that time, in addition to the translation of the gospel of St. Matthew, he translated part of the gospel of St. Luke and the whole of the Acts of the Apostles, as well as the catechism and much of the liturgy of his church. His interest in linguistics prompted him to compile a grammar of the Aleutian-Fox language and, based upon his long experience in the area, he wrote a series of scientific studies—Notes on the Unalaska District,—describing the population, climate, and products of the region. In 1834 Veniaminov was transferred to Sitka, then the centre of Russian activity in Alaska. Immediately upon his arrival, on November 22, he realized that a new situation confronted him. His beloved Aleuts were a quiet, easy-going race, with no thought of hatred in their make-up; the inhabitants of this area, the Kolosh or Tlingit, on the other hand, were a warlike race, arrogant and proud. They were hostile to the E (3) The Life and Work of Innocent, p. 10. 268 Archie W. Shiels. October still brooding over their defeat by Baranov and Lisiansky in the recapture of Sitka in 1804 and plotted revenge for the loss of life suffered at that time. It is possible that officials in Russia, having in mind Veniaminov's success with the Aleuts, urged his assignment to Sitka in the hope that he might be able to cope with the Tlingit warriors. As he had done at Unalaska, he set about learning the Tlingit tongue, always watching for an opportunity to gain the confidence of this savage people. He went amongst them freely and fearlessly, which in itself inspired their confidence, for brave men always admire bravery in others. After a time, even though unable to do much real church work among them, he discovered that individually they were growing to trust him and to welcome him as a visitor in their homes. He went about his work with great care, never missing an opportunity to try to sow the seed of religion in their hearts. Schools were opened for the children and, as in Unalaska, he gave them instruction in manual training. He was interested in their physical welfare as well and introduced inoculation against disease. In fact a serious outbreak of smallpox in 1836 at Sitka gave him his great opportunity. Indian casualties were high, and the chiefs, quick to notice that very few Russians were taken ill, sought the help of Veniaminov. Taking a doctor with him, he had all that would consent inoculated. Thereafter he was revered by the Tlingits, for he had provided protection from the plague when the local shaman were helpless. Veniaminov still found time to indulge his interest in mechanical work. He constructed a tower clock for his church, made musical instruments, as well as furniture for the church and his home. In fact his prowess in this line won him high words of commendation from Captain Edward Belcher, R.N., who visited Sitka in September, 1837, on H.M.S. Sulphur. He thus recorded his impressions of Veniaminov:— I visited their church, and witnessed the ceremony. The interior of the edifice is splendid, quite beyond conception in such a place as this. The padre, who officiated in his splendid robes, was a very powerful athletic man, about forty-five years of age, and standing in his boots (which appear to be part of his costume) about six feet three inches; quite Herculean, and very clever. I took a great liking to him, and was permitted to examine his workshop, in which I noticed a good barrel-organ, a barometer, and several 1947 Veniaminov in Alaska. 269 other articles of his own manufacture. He was kind enough to volunteer his services on one or two of our sick barometers, and succeeded effectually. Notwithstanding he only spoke Russian, of which I knew nothing, we managed to become great allies.* Five years passed quickly. After fifteen years' absence from his homeland, Veniaminov found it necessary to make a journey to Russia. He wanted to discuss his work with the Holy Synod and to urge them to expand their missionary work in Alaska. He was also anxious to obtain their consent to the publication of his translations of portions of the Bible both in Aleut and Tlingit so as to give them wider influence. He left Sitka in November, 1838, accompanied by his family and did not reach St. Petersburg until June 25, 1839. Upon arrival he discovered that the Holy Synod would not convene until the autumn and, with typical enthusiasm, he embarked on a missionary tour through Russia to raise funds for his work. It was while away on this task that his wife died—a blow that weighed heavily upon him, for his had been a happy family. After suitable provision had been made for his family, which now consisted of two sons and four daughters, Veniaminov entered the monastic order and took the name of Innocent. During its autumn session the Holy Synod decided to create a new diocese in Alaska with a resident bishop at Sitka. The selection of the bishop was a prerogative of the Czar, Nicholas I., and Veniaminov was his choice. On December 15,1840, he was consecrated Bishop of Kamchatka, the Kuriles and the Aleutian Islands in the Church of Our Lady of Kazan in St. Petersburg. Over a month later, on January 30,1841, he set out on the long return journey, travelling by way of Irkutsk. He finally reached, Sitka on September 27, 1841; thus Alaska welcomed its first bishop one hundred years after the discovery of the country by Vitus Bering. The new bishop immediately set about the task of organizing his immense diocese. Plans were laid for the erection of a new cathedral, priests were ordained to work in newly created parishes, schools and seminaries were established, and particular attention was paid to the spiritual needs of the Tlingits. In the (4) Captain Sir Edward Belcher, R.N., Narrative of a Voyage Round 270 ARCHffi W. Shiels. October spring of 1842 he paid his first official visit to Kodiak. Sir George Simpson was then at Sitka in the course of his voyage around the world, and he gives the following account of the bishop's work:— On the Friday after our landing [April 23, 1842], the Bishop of Sitka returned from Kodiak, distant about six hundred miles, after a run of five days. His outward voyage, however, had occupied precisely four weeks, this unusual detention having led to a great deal of privation, more particularly as the vessel was crowded with passengers; the daily allowance of water had been gradually reduced to one pint for each person, and, on anchoring at Kodiak, the whole of the remaining stock consisted of a single bottle. This prelate's diocese is perhaps the most extensive in existence, comprising as it does, not only the whole of Russian America, but also the Sea of Ochotsk, Kamschatka, and the Aleutian archipelagoes. He looks as if intended by Nature for the bishopric of two worlds, being a man of herculean frame; and the specimen of his travels, which I have just mentioned, shows that he is likely to need all his constitution for an episcopal visitation^ Shortly thereafter, on May 4, Bishop Innocent set out on a tour of the Asiatic half of his diocese, a journey that took him to Unalaska, Kamchatka, and Okhotsk, and from which he did not return until late in 1843. Sir Gefcrge Simpson has written a vivid description of the farewell service held at Sitka and pays a glowing tribute to this noble churchman:— In addition to four assistants in holy orders, he was attended by a number of youthful acolytes, all as proud as possible of their embroidered robes of silk and velvet; the congregation was large and well dressed, while, so far as I could judge from the earnestness of the preacher, and the attention of the hearers, the sermon was more than ordinarily impressive. On taking leave of this worthy prelate, I cannot refrain from rendering a small tribute of praise to his character and qualifications; and, as he is still in the prime of life, I trust that his widely-scattered flock may long enjoy the benefit of those powers of mind and body, which combine to fit him for his important and arduous charge. His appearance, to which I have already alluded, impresses a stranger with something of awe, while, on further intercourse, the gentleness which characterises his every word and deed, insensibly moulds reverence into love; and, at the same time, his talents and attainments are such to be worthy of his exalted station. With all this, the bishop is sufficiently a man of the world to disdain anything like cant. His conversation, on the contrary, teems with amusement on instruction; and his company is much prized by all who have the honour of his acquaintance.* (5) Sir George Simpson, Narrative of a Journey Round the World, during the Years 1841 and 1842, London, 1847, II., p. 180. (6) Ibid., II., pp. 190, 191. 1947 Veniaminov in Alaska. 271 This great man made a profound impression on all, not only in Russia, where he was widely known and well loved by people of every station, but also in America, among the natives, to whom he was attached by the strongest ties of affection. Foreigners were drawn to him by his simplicity, his quiet humour, and his deep human sympathy.7 The next few years were unusually busy. He was constantly on the move, travelling over his entire diocese, a distance of some 5,000 miles, still using the same method of travel as he had in Unalaska and experiencing just as many hardships, and with little or no thought of personal comfort. In 1845 and 1846 he made visits to Kamchatka. Back at Sitka in 1847 he organized a separate Indian church, and in 1848 dedicated his new cathedral, St. Michael's, which still stands. Then in 1850, in recognition of his work, he was raised to the rank and dignity of archbishop. This advancement made it necessary for him to change his see from Sitka to Yakutsk. Here, as previously, his first work was to supervise the translation of the sacred books into the native language. Therafter only occasional visits were made to Sitka. Veniaminov was no longer a young man, and in 1857 an imperial decree granted him two vicars in an effort to lighten his labour. Despite failing health and eyesight, the latter brought about by his long journeys over snow-covered ground, he continued his work, but in 1867 he had decided to ask permission to retire. However, such was not to be, for that year the Metropolitan.of Moscow had died, and much to the surprise of Archbishop Innocent, he was elevated to the office, one of the highest positions in the gift of his church. Time is no respecter of persons, and the hardships he had endured began to take their inevitable toll. Although now totally blind he continued in his work until March 31,1879, when he was stricken. He left behind a record of service of which it is difficult to find an equal. There are still a few old men in the Aleutian Islands that remember " the good Father," as he was (7) Stuart R. Tompkins, Alaska: Promyshlennik and Sourdough, Norman, 1940, pp. 167-169. 272 Archie W. Shiels. affectionately called. If personal humility be greatness, then Veniaminov may be truly named one of the church's great men, if not the greatest in the history of the Russian church. Archdj; W. Sheels. Bbllingham, Wash. THE TYRANT JUDGE: JUDGE BEGBIE IN COURT.* As gold-mining remained the basis of the colonial economy up to the time of the union in 1866, it is not surprising that the bulk of the civil litigation of the day arose from that industry. There were, on the whole, two causes of dispute.. The best known, of course, was the frequent conflict that developed over rights to certain claims. As a rule the point of issue in cases of this kind was encroachment and breach of contract. Such disputes were not easy to settle. They presented difficult points of law, and it was hard to establish the validity of the evidence given. The second cause of litigation was to be found not in the mines themselves, but in the ancillary field of transport. In those days both colonies depended on the United States for most of their consumption goods, which were routed from San Francisco to Victoria and New Westminster, and transported from Douglas to the goldfields by wagon and mule train. It sometimes happened that packers failed to deliver goods at their destination at the time specified in their contract, or lost and damaged them in transit. On some occasions certain consignments were held up, while others were hurried through. The mines closed for the winter, and, as that season approached, prices naturally declined. There was, as a result, always the risk that through late delivery a merchant might be left with a large stock of goods on his hands or be compelled to sell what he could at greatly reduced prices. On some occasions businessmen sold at cost, and even below cost, in order to obtain funds to meet their bills. When this happened, the merchants blamed the packers and refused to pay their carrymg charges. The transport companies sued for debt. At the time of the famous Cottonwood scandal a dispute of this kind arose between the carrying company of G. B. Wright and the Cranford brothers, who had come to the colony in the * The concluding article in a series on the career of Sir Matthew Baillie Begbie. British Columbia Historical Quarterly, Vol. XL, Ho. 4. 274 Sydney G. Pettit. October spring of 1862 to engage in business in the goldfields. The younger of the brothers, Robert Cranford, arrived from San Francisco with some 40 tons of merchandise, which he intended to sell at Williams Creek. Shortly afterwards, at some time between April 15 and 20, his brother, John P. Cranford, arrived in Victoria. He stated at the time that he intended to set up in business as a commission merchant and that he was in no way associated with his brother Robert. He also brought a cargo of merchandise with him from San Francisco. In the meantime Robert Cranford had entered into negotiations with Gus Wright to have his goods carried to Lillooet, whence they were to be transported to Williams Creek by another company. John Cranford also discussed the question with G. B. Wright, and appears to have secured an understanding, on behalf of his brother, as to the term of credit to be allowed. On April 25, 1862, Robert Cranford and G. B. Wright entered into an agreement that was satisfactory to both parties. Wright agreed to carry the goods to Lillooet at 9 cents a pound, payable sixty days after delivery. He also undertook, in the event of a drop in freight charges, to lower his own rates accordingly. Wright assured Cranford that it would take twelve days at the longest to carry his goods to Lillooet and that it would require another thirty days to convey them from that place to Williams Creek. All goods were to be marked to Robert Cranford, care of G. B. Wright & Company. Wright entered a memorandum of agreement in his pocket-book, and Robert Cranford left for the Interior, apparently well satisfied with the arrangements he had made, and confident that the term of credit would afford him ample time to sell enough goods to pay his freight bills when they came due.1 (1) New Westminster British Columbian, December 27, 1862. There are two sources for the Cranford trials. The first is Judge Begbie's Court Notebooks in the Archives of B.C. The Judge's notes throw no light on the case, being largely a record of evidence given, all of which was accurately reported in the newspapers. He jotted down, however, that the goods had been stolen in transit, but that this could not be incontestably proved. He also noted that the number of days that elapsed between consignment and delivery was not established. The other source is the contemporary newspapers. Of these the British Columbian gives the fullest account of the trials, as it was the avowed purpose of the editor, John Robson, to expose 1947 The Tyrant Judge. 275 He arrived at Lillooet on May 5, 1862, and, assuming that his merchandise would begin to arrive within the next week, contracted with the Haskell Company to carry it to Williams Creek. After waiting two weeks Haskell was obliged to inform Cranford that he could afford to wait no longer, as he had another cargo offered. He generously released the merchant from any charge for the delay. The first consignment of goods arrived on May 28, to be followed at intervals by other cargoes, all of which the Cranfords insisted were seriously late. Some of the goods were perishable, particularly bacon, which goes rancid very quickly if exposed too long to the heat of the Interior summer. It was charged that Wright had failed to deliver more than a ton of the goods consigned to him. This was brought out in the second case, that of Cranford v. Wright, and served as ground for a sharp exchange between Judge Begbie and counsel for the plaintiffs. The point was never pressed, however, but was used ■as reason for non-payment on the freight charges for the earlier consignments. The essential fact in both cases was the late delivery of goods, and Cranford's refusal to pay the charges. In general the goods were consigned between April 30 and June 28, 1862, and should have been delivered between May 12 and July 10 according to Wright's assurances. According to the Cranfords, they were not delivered until dates between May 28 and September 10. In particular, few of the goods reached Lillooet in less than thirty days, while nearly the whole of them was detained much longer. About a third of the consignment was detained between sixty and seventy-five days. The Cranfords also claimed that between June 18 and 20 over 52,000 lb. were consigned to Wright, and that all of this, save 600 lb., was at Douglas between June 20 and 25, yet none reached Lillooet in less than thirty-three days, while nearly half was delayed from sixty to seventy-five days. The goods delivered after August the " Tyrant Judge." For this reason the reporting may be regarded as biased. Actually the accounts given are strictly accurate so-far as the facts of the case are concerned. Robson's diatribes, of course, ruin the telling effect of his otherwise accurate account. The Victoria Colonist account is much shorter, free of frenzied denunciations, but essentially the same in substance as that' of its Mainland contemporary. It has, however, a touch of aloofness, indicative of the proud conviction that the courts of the Island colony were held on a higher plane—as, in truth, they were! r 276 Sydney G. Pettit. October. 25—over 23,000 lb.—could not be forwarded to Williams Creek because of the lateness of the season. Goods delivered at Lillooet after July 23 could not be delivered at Williams Creek before prices had fallen so low as barely to cover costs. Robert Cranford spent the season at Lillooet, as he claimed, watching Wright's own merchandise going up to the goldfields while his own remained at Douglas. As he was suffering from rheumatism, he sent his brother, John P. Cranford, up to Williams Creek to sell his commodities. Wright had turned a deaf ear to Robert Cranford's complaints, but in August demanded payment. Cranford answered that his bill for damaged and lost goods would more than cover the costs of freight to date. On September 4 he wrote to Wright, informing him that he had, by delaying delivery of his goods, precluded the possibility of his being able to pay the bill.8 On September 8 Wright appeared before Magistrate Elliott in the County Court at Lillooet and informed him that he wished to take proceedings against the Cranford brothers for debt. According to the procedure of the day- Wright made a sworn declaration that R. and J. Cranford were indebted to him for the sum of £1,719 15s. 3d. for goods sold and delivered to them. Magistrate Elliott then made out a writ to the police authorities ordering them to take the Cranfords into custody. This order, or capias ad respondendum to use the technical term, was valid so long as the affidavit was properly sworn and declared. To accompany the capias, which only provided for the arrest of the debtors, Magistrate Elliott made out an Order of Court commanding them to appear for trial, specifying the time and place of hearing. He made this out from the Supreme Court.8 Robert Cranford was apprehended at Lillooet on the same day, September 8, and was held in prison for eighty-four days. His brother, John Cranford, was arrested at Williams Creek on September 27, and was held in custody for a period of sixty-six days. The Cranfords secured the advice of Mr. Walkem, who at that time was not a member of the bar of British Columbia, although, as we have seen, he was qualified to plead in both Upper (2) Ibid., December 31,1862. (3) It has never been clear whether Elliott made out the order at this 1947 The Tyrant Judge. 277 and Lower Canada. The trial was held in the Supreme Court in Lillooet on October 15 and 16 before Judge Begbie. When the court sat, Mr. Walkem took his seat in the place allocated to counsel. Judge Begbie immediately ordered him to retire to a proper place. A hot exchange of words ensued, and it is to be inferred from contemporary accounts that he was able to conduct the defence only under certain restrictions. The defence sought to show that John Cranford was not a partner and was therefore not liable for his brother's debts.4 In support of this contention the defendants outlined the circumstances under which Robert Cranford had entered into a contract with Wright. The contractor had come to Robert Cranford's office in Victoria on April 25 and stated that he was willing to make an agreement based on the terms discussed in previous conversations with the two brothers. According to testimony, Wright sat down at Cranford's desk and, taking out his pocket- book, said, " What is the style of your firm?" Robert Cranford testified, and his brother supported him, that he answered, " R. Cranford, Jr. I am the only person concerned in the business." Wright then wrote the memorandum of agreement as follows:— April 25. Agreed with R. Cranford, Jr., to carry goods for him from Douglas to Lillooet at nine cents, per pound, to wait sixty days after delivery at Lillooet for pay. If freights fall, to come down in price.5 Then, according to the evidence of the defendants, Wright got up, read the contract aloud, and asked Robert Cranford whether it were satisfactory. Robert Cranford replied " yes." On the following morning, October 16, Wright was asked to produce his pocket-book. When read to the jury and submitted to the court for inspection, however, the terms were different from those described on the previous day by the defendant. The phrase " & Brother," written in different coloured ink, had been squeezed into the margin, and a " t" added to " him " to make " them." The " e " in this pronoun was obviously changed from " i" and the dot remained above the letter. Judge Begbie exam- i ibid., December 31, li 278 Sydney G. Pettit. October. ined the book, declared that the changes had been made, and said that since it belonged to Mr. Wright he supposed he could do what he liked with it. He also suggested that the different colours of the ink were circumstantial in nature, and therefore of little significance. Turning to Wright, the Judge said he was sure the plaintiff could give a satisfactory explanation. In answer to Judge Begbie's question, Wright admitted that he had changed the entry, saying that he had done so on the day that it was issued. The Judge pointed out to the jury that Wright's admission of making this change was to be considered in his favour rather than against him. At this point the Cranfords, regarding Judge Begbie's comment as highly prejudicial to their case, hastened to produce evidence to show that Wright had not made the change on April 25, but at a much later date. They produced a number of bills, invoices, and letters from the plaintiff addressed to Robert Cranford. Among these was -a receipt for $130, dated April 30, made out in Wright's handwriting. In addition, the defendants called for Wright's daybook and showed that up to August 27 all entries had been made out to Robert Cranford. Wright's book-keeper testified that he had been instructed to change the entry to R. and J. Cranford after that date. Both brothers denied that they had ever received, at any time, one single communication from Wright that was made out to them jointly. They maintained, on the other hand, that the plaintiff had changed the contract and the day-book on September 8, the day that he had sworn the affidavit. In proof of this charge, which was strictly conjecture, Robert Cranford stated on that day a man named Brady walked into his store and asked him his brother's name. When he told him " John," Brady walked across the street and went into Wright's office. When John Cranford was arrested at Williams Creek, the writ was made out " John " Cranford, not " J. P." Cranford, and not " John P." Cranford. These arguments closed the first plea of the defence—that John Cranford was not a partner and had therefore been subjected to illegal arrest. The second point that they sought to establish was that Robert Cranford did not owe Wright the sum specified in the writ, and that, when damaged and lost goods were 1947 The Tyrant Judge. 279 assessed, it would be found that the plaintiff, and not the defendant, was the debtor. Robert Cranford proceeded to show that Wright had disregarded the terms of the contract in assessing his liability. He had been given a written contract stating that the freight was to be " payable sixty days after delivery." Since the writ was issued on September 8, he was therefore liable for freight delivered at Lillooet on or before July 10. To meet that account he had a bill of $4,000 against the defendant for lost and damaged goods. In rebuttal Wright testified that John Cranford had rescinded the contract, and that the term of credit was thus no longer operative. When pressed for witnesses or tangible written evidence, he was forced to admit that he had neither at his disposal. Robert Cranford, probably after consultation with Walkem, enumerated a number of reasons why Wright's statement was false. He stated that he had received no notice, written or verbal, to the effect that the agreement had been terminated. Freights had risen during the season, yet Wright, no longer bound by the contract, as he claimed, had not undertaken to charge more. Nor had he informed his employees of any change. It must be admitted that when it came time to charge the jury, Judge Begbie's task was not an easy one. Some of the evidence was circumstantial. In other instances witnesses were not able to substantiate their testimony with tangible evidence. As to the claim that the contract had been rescinded, neither party was able to do more than produce declarations on oath. The Cranfords could only testify that they had not received bills and other commercial papers addressed to them jointly. John Robson, who had quite recently been thrown into jail by Judge Begbie, charged that he was biased in favour of the plaintiff.6 He had, indeed, pointed out to the jury that Wright's admission that he had changed the terms of the contract was to be taken as a point in his favour. Truth in court is to be commended, but it can sometimes persuade a jury that the speaker is a shameless rascal. When Wright admitted that he altered the contract, the jurors might jump to the conclusion that he was capable of any duplicity. In those days the packer was roundly cursed by miners and business-men alike, and perhaps the Judge was just (6) Ibid., December 31,1862. 280 Sydney G. Pettit. October. • in giving the scale a tilt. Similarly, it was incumbent on him to instruct the jury that some of the Cranfords' evidence was not water-tight. What laid Judge Begbie open to criticism was not partiality so much as a lack of experience and knowledge. He embarked on interpretations of the law that a better qualified man would either have avoided or expressed with proper reservations. His last charge to the jury is a case in point. He thought, and, indeed, rightly, that the jury must weigh the question of John Cranford's liability. In order to aid them, he proceeded to explain the law on the matter. John Cranford, he explained, had been employed by his brother to attend store at Williams Creek, and after being appointed to that position had shown great zeal and energy in the discharge of his duties. This, argued the Judge, gave the impression that he might be a partner. He could in this way unconsciously have made himself a co-contractee. It was therefore the duty of the jury to assess John Cranford's liability from this point of view. In other words, Judge Begbie had raised a difficult point in the law of contract. He may have been justified in doing so, but he was not justified in leaving the jury without an adequate explanation. He did not point out to them, for instance, that such an explanation was based on evidence as circumstantial as any that he had ruled out in the testimony of the Cranfords. The jury returned a verdict in favour of Wright. They found that John Cranford was a partner, that the contract had been rescinded, and that the two brothers owed Wright $9,500. The Cranfords made application for a new trial, but Judge Begbie refused to consider the petition and ordered that they be committed to prison where, according to the law of the day, they were to remain until they settled with Wright or proved themselves to be bankrupt. After they had been in jail some time, the Cranford brothers made application for release in the Supreme Court, on the grounds that their arrest had been illegal. Robert Cranford had taken up this plea in his address to the jury, but had not been permitted to carry the argument very far. He sought to show that Wright's affidavit was false, on the grounds that the packer had charged that the Cranfords owed him the specified sum of money for 1947 The Tyrant Judge. 281 goods sold and delivered. As Cranford proceeded to remind the jury that the goods had been bought in the United States and that he owed Wright nothing for them, Judge Begbie interrupted and stopped the argument. He stated that men sometimes make sheaves of affidavits, often without reading them. It was clear to all, he said, that Mr. Wright meant freight charges, and to question the affidavit was to impute a false oath to the plaintiff without any justification. In the Supreme Court they offered a more extensive case for release. According to English law, which was also the law of the colony, a capias could be issued for the arrest of a debtor only under special conditions. These conditions were that a creditor must take oath that the debtor intended to abscond, or that he had absconded.7 The affidavit sworn by Wright neither mentioned nor undertook to suggest intent on the part of the Cranfords to abscond. Judge Begbie interrupted and bluntly contradicted counsel. He stated flatly that the affidavit alleged indebtedness, and that was all that was necessary to give the capias validity. In further support of the motion for release of the prisoners, counsel for the Cranfords alleged that under the " British Columbian Small Debts Act, 1859," Magistrate Elliott had no justification for issuing the capias. He argued that since the Act clearly stated that the amount recoverable before any County Court Judge could not exceed £50 and that this officer could issue a capias for a debt of £20 and upwards, Magistrate Elliott was not empowered to make out a writ for the sum that Wright had specified. Judge Begbie would not consider this argument. He explained that the Act was drawn up on the principle that it was desirable and expedient to afford a speedy method of recovering small debts up to £50. The issuing of a capias was a speedy method, and therefore County Court Judges were entitled to issue such writs for large debts. As a final argument, Robert Cranford testified that when he had been arrested he asked the Sheriff to produce the necessary Order of Court. This the Sheriff would not, or could not, do, and the document was not forthcoming until the trial at Lillooet on October 15. Upon examining the order, counsel found that (7) Ibid., January 7,1863. 282 Sydney G. Pettit. October. Magistrate Elliott had issued it out of the Supreme Court, a court in which he had no jurisdiction and no authority to issue writs.8 Judge Begbie, however, overruled the objection, stating that Elliott's procedure had been correct. The legality of the Cranfords' arrest and imprisonment was thus fully sustained. The Judge had rejected every argument against it and, by so doing, had created a precedent for procedure in future cases of the kind. The Cranford brothers went back to prison, but later were released from custody when they signified their intention of taking proceedings against Wright for breach of contract. At the beginning of the assize they duly appeared before the Judge to make certain arrangements for the impending litigation. He informed them that their arrest and imprisonment had been a mistake!9 What reasons Judge Begbie had for reversing his judgment in this matter were not apparent. It does not matter greatly whether he was compelled to admit that it was the affidavit, the capias, or the Order of Court that was at fault, or whether he saw that the entire procedure had been wrong. What is significant is that he, a highly intelligent and able man, could make such mistakes. This and other blunders all point to the fact that he was not well versed in law and procedure. The second Cranford case, which opened in New Westminster on December 6, and lasted through eleven stormy days, was even more revealing than the trial at Lillooet. While the Judge's lack of experience and knowledge were only too apparent, it also became clear that his irascibility and arbitrary temperament unfitted him for the exercise of his judicial duties. As the case • progressed, Judge Begbie's irritation mounted to bad temper, which at the end of the trial became downright rage. In this state of mind he lost the last semblances of the impartiality and dignity of his office and was guilty of a most disgraceful and arbitrary act. The Cranfords restricted their charge to breach of contract and did not sue for the goods which they previously alleged to (8) Judge Elliott, or, more properly, Magistrate Elliott, was Deputy Registrar of the Supreme Court at the time. Begbie did not consider that this office entitled him to make out the writ, however. He ruled that he could do so as a Judge of the County Court. (9) Ibid., December 20,1862. 1947 The Tyrant Judge. 283. have been damaged or lost. But after the manner of counsel, Ring, and his junior, McCreight, who were appearing for the plaintiffs, sought to implant certain ideas in the minds of the jurymen that were prejudicial to the character of the defendant. McCreight, who opened the case, pointed out that while he disavowed any attempt to charge larceny, he suggested that the jury would infer grave misconduct on the part of Mr. Wright. At this point Judge Begbie very properly interrupted, saying that he could not permit such imputations to be cast on the defendant. He went on, in a dictatorial manner, to say that counsel's imputations were disgraceful and that they would recoil on his own head. McCreight, rightly or wrongly, fired back. He said he had no fear that disgrace would attach to him and that he did not require to be taught his duty. Begbie is reported to have become very excited at this retort. He turned to Ring and asked him to withdraw the case from his junior. Ring refused, saying that the statements made by his learned friend had his entire concurrence and approbation. Begbie let the matter go. He had lost his temper, made a threat, and then decided not to make it good.10 During the proceedings tempers grew hotter and tongues grew sharper. Judge Begbie was rude to Ring and McCreight, and to the jury as well. He appears to have had pleasant words for Wright's counsel, Walker and Cary, and so exposed himself to John Robson's charges of partiality.11 When Ring rose to dispute a point that Walker had just made, the Judge said, " Sit down, Mr. Ring. Mr. Walker has forgot more than you ever knew."12 When Cary objected that counsel for the plaintiff was prejudicing the minds of the jury, Begbie agreed with him that a great mischief had been done. Speaking of the general ability of jurors to keep an open mind, he is reported to have said: ". . . True, Mr. Cary, we are supposed to know these things, as we are- educated, and able to keep them in abeyance till we hear the opposite before forming a conclusion; but the Jury are not so; they hear tl and draw the conclusion at once! "18 (10) Ibid., December 13,1862. (11) Walker was the barrister to whom Judge Begbie had lent m to buy a share in Travis' claim. (12) Ibid., January 21, 1863. (13) Ibid., January 10, 1863. 284 Sydney G. Pettit. October. At the end of the plaintiffs' case Judge Begbie announced his intention of declaring non-suit, which meant, in other words, that he was awarding the case to Wright.14 What prompted him to take this extraordinary step, it is hard to say. To many it must have meant partiality. It might have been the result of sheer bad temper. It is very likely that he was convinced that the Cranfords could not prove their case, and that in order to put an end to the strife, it would be best to settle the matter at once. Whatever the Judge's motives were, Ring rose to contest the decision. He proved to be the stronger man in the argument, and after a sharp exchange forced the Judge to concede the point.16 It was on this occasion, in all probability, that Begbie said to Ring: "Really, Mr. Ring, I do not know how to stop you, unless I order you to be removed out of Court! "16 It seems that the barrister would not be put down, for the Judge is reported to have said in great exasperation, " It must surely be after dinner with you! "17 The newspapers reported that during the case Begbie apologized to Ring in open court, and that the barrister said that he could not accept the apology unless he tendered the same regrets to his junior.18 Whether this transpired after Begbie threatened to have Ring ejected is not certain, but as it was one of the two most intense scenes in the entire case, there is some likelihood that this was the occasion. McCreight, however, was not prepared to accept an apology. He jumped to his feet and declared that he had never in his whole life had to endure so many insults, and that he found it inexpressibly irksome to have anything to do in a court where the Judge presided. The Judge would not dare to use the language outside the court that he used inside it!19 When all the evidence had been heard, and the time came for Judge Begbie to sum up and charge the jury, he announced he (14) Victoria Colonist, December 29,1862. (15) Ibid., December 29,1862. (16) New Westminster British Columbian, January 21, 1863. (17) Ibid., January 21,1863. (18) Ibid., January 21,1863. (19) Ibid., January 21,1863. The ill will between Begbie and McCreight persisted until they were both advanced in years. They met by accident on Birdcage Walk, stopped, and exchanged kind words. Who made the first gesture is not known. » 1947 The Tyrant Judge. 285 would not read his notes on the case.20 After a few remarks he charged the jury that they must find whether the contract had been rescinded. If it had not, then they must assess what was reasonable time for the transportation of goods from Douglas to Lillooet. This being done, it remained to estimate the value of the goods when they should have arrived, and the value when they did arrive. The difference between these values must be the damages.21 After the jury had been confined for twenty-eight hours, Judge Begbie called them back into court. The foreman stated that they had not been able to come to an agreement. It appears that eight had decided in favour of the Cranfords, while the remaining, four were uncertain or in favour of Wright. Those who were for the plaintiff pointed out that the bill of particulars had not been sent in in time, and if they could return to the jury- room, they could come to an unanimous decision. One of the minority is said to have called out that he could never agree.22 As Judge Begbie had refused earlier in the trial to permit the decision to be made by a majority vote, it was now his duty to explain the law to the jurymen and to answer any questions they might wish to ask. Ring rose to his feet and asked the Judge to do this. Begbie, however, appears to have been in a state of great excitement. He refused Ring's request and dismissed the jury. Ring rose again and addressed himself to Mr. Matthew, the Registrar of the Supreme Court. When the Registrar, in answer to the indignant barrister's question, answered that he had the rolls in his possession, Ring asked him to strike his name off. McCreight jumped up and made the same request. As in the case of the imprisonment of John Robson, a large public meeting was called. On this occasion the citizens presented a complimentary address to Ring and McCreight, expressing their admiration for the stand they had taken against the tyrant Judge. Both barristers made short speeches, and a (20) Ibid., January 10, 1863. An examination of the Judge's no shows that he had nothing of importance to read to the jury. All that had written was a general summary of the evidence given by the varii 286 Sydney G. Pettit. October. Mr. Grieve, one of the jurymen, gave his version of what had gone on in the jury-room.28 To many people Begbie's apparent partiality to Wright smacked of the same sort of unsavoury dealing that they were convinced had gone on at Cottonwood. His tyrannical behaviour in court was a repetition, as they saw it, of his arbitrary treatment of Robson. To partisans of the Cranfords who were unwilling to believe him dishonest, it seemed that he was blind to the truth. Dishonesty on the part of Judge Begbie is impossible to believe. He had no reason to be partial to Wright, for he, too, had suffered at his hands, as he revealed to Governor Douglas a year before Robert Cranford entered his ill-starred contract with the packer:— I paid 10c. per lb. for packing some things—they were delivered piecemeal at Cayoosh, some not till the eleventh day from Douglas: some stolen—some broken. This was by the largest & perhaps best packers on the line; Wright and Nelson. What is the use of a waggon road for such a set? They will squabble & fight to the end of the chapter. . . M The truth is that it was his character and methods that led him into such confusion. He knew little law and very little about court procedure. In the early days he had been the law. He made it, dispensed it, and sometimes acted as defence and prosecution. He made up his mind what the verdict should be and secured that verdict. But 1862 was not 1859. Barristers were appearing in the colony, jurymen were no longer awe-stricken horse thieves from The Dalles, and litigation was becoming more technical. But the Judge continued to scorn law books and could not change his ways. He knew Wright was a scamp and probably knew that the Cranfords were the injured party, but he believed that their case could not be proved.25 He therefore set about bringing the trial to that conclusion, just as he would have done in the early courts. In flagrant disregard or ignorance of the law he was ready to declare non-suit at the end of the plaintiffs' evidence. At the end of the case, as a crowning disgrace, he dismissed the jury, leaving the unfortunate Cranfords saddled with heavy costs amounting to £1,810. (23) Ibid., December 20,1862. (24) Begbie to Douglas, April 20, 1861, Begbie Letters, MS., Archives of B.C. (25) V. supra., p. 274, foot-note (1). 1947 The Tyrant Judge. 287 The Cranford brothers were sent back to prison, this time, it is to be presumed, on another writ. They determined to take the case to the Supreme Court of Vancouver Island, not as a court of appeal, but possibly on the grounds that the original contract had been drawn up in that colony with a Victoria firm. Accordingly they were released from prison and departed to make preparations for another suit.26 The case never reached court, however, and the Daily British Colonist of April 15,1863, reported that the dispute had been amicably settled to the satisfaction of friends of both parties.27 After that time Robert Cranford disappears from sight. His older brother, John, seems to have prospered, for his name appeared as a member of the board of directors of the British Columbia Coal Mining Company.28 Despite his early misfortunes, he was able to take an optimistic view of life, as the following notice from the British Columbian indicates:— Victoria . . . Mr. J. P. Cranford delivered a lecture at the Institute on Thursday evening to a large audience. The text was " Latent Christianity in Modern Governments." The local papers describe the lecture as being very able, and enthusiastically received.29 Whatever the feelings of the Cranfords may have been, John Robson neither forgave nor forgot. During the ensuing years he recorded and criticized every questionable act of Judge Begbie. In the spring of 1866 two suits were entered against Peter O'Reilly, and in each case the Judge intervened on behalf of the defendant, who, as it was well known, was a friend of his. In the case of Eddy v. O'Reilly, heard in New Westminster at the end of March, 1866, Judge Begbie told the jury that the evidence of the defendant was entitled to more consideration than that of the three witnesses for the plaintiff. The jurors, however, refused to be influenced by the Judge's instructions, and found a verdict in favour of Eddy. Judge Begbie forthwith set aside the verdict, thereby giving the decision to his friend.30 Shortly afterwards, when the assizes opened at Lillooet in April of the same year, Judge Begbie took an even stronger stand on behalf of (26) New Westminster British Columbian, April 4,1863. (27) Victoria Colonist, April 15,1863. (28) New Westminster British Columbian, July 27,1865. (29) Ibid., April 29,1865. (30) Ibid., May 19,1866. r Sydney G. Pettit. October. O'Reilly. In the course of the hearing he told the jury that if they found for the plaintiff, Walden, he would set it aside. To make sure that they would not disregard his instructions as the jurors had done at New Westminster, he dismissed the case before they could arrive at a verdict.81 Here again are instances of the Judge's arbitrary methods and of his habit of appearing to be partial to one of the disputants. Yet, upon reflection, the partiality was more apparent than real, for it will be recalled that he had compelled O'Reilly to grant a Certificate of Improvements against his better judgment. As in the Cranford cases, the Judge's character and methods gave an impression of partiality that did not exist. In both the Eddy and the Walden cases he arrived at his own conclusions and proceeded to railroad them through the court. As John Robson pointed out in a restrained and dignified article entitled " A Court of Appeal Wanted," Judge Begbie may have been perfectly right in his assessment of the evidence, and his prerogative as Judge permitted him to weigh the evidence for the benefit of the jurors, but to assume the prerogatives of the jury was not only illegal and tyrannous, but could lead to the surrender of the right to trial by jury.82 There was, of course, a deal of public indignation about these cases and the issues they involved, but as nobody but the unfortunate plaintiffs suffered directly, the public took no active steps to secure redress and reform. It was Judge Begbie's procedure and decisions in mining disputes that brought about active measures to secure his dismissal or, as an alternative, a court of appeal. As we have already seen, the mining laws were never adequate to the miners' needs, and the machinery for settling their disputes created rather than allayed dissatisfaction. The right of appeal from the Gold Commissioner's Court to the Supreme Court brought the cases before Judge Begbie. In such litigation his decisions and methods created an uproar even greater than that which had followed the Cranford cases. In addition to reversing the decisions of juries and other arbitrary acts, he sometimes took a case into Chancery, a long and expensive process. Some of his decisions in this court created great 1947 The Tyrant Judge. 289 dissatisfaction. In the celebrated Borealis v. Watson case he actually reversed the decision he had made in the Supreme Court!38 What made this litigation especially serious for some of the parties involved was the process of injunctions which compelled the cessation of mining activities on the disputed claim. Valuable properties would sometimes lie fallow throughout an entire season because, in many cases, boundary disputes had never been satisfactorily dealt with or had been appealed from the Gold Commissioner's Court. The growth of the evil was noted by John Robson, who printed the following dispatch from Cariboo in the summer of 1865:— Owing to a dispute respecting titles and boundaries Judge Begbie has placed an injunction upon the three well known rich claims, Aurora, Sawmill, and Watson, the case to be tried at the fall assizes here, if not settled meanwhile. Thus three of the richest claims are locked up, probably for the season.34 During the next season the Aurora Company again entered into litigation, the outcome of which led to a petition for Judge Begbie's dismissal. The pattern of his behaviour did not differ greatly from that in other cases, and, as Walkem wrote in a letter to Crease, he gave every indication of making his decision before the case came into court. There is a great row brewing on the Creek & Cox is really the cause of it in a great measure. He at least foments it and Begbie's judgments in the Borealis as well as some other suits have given rise to it. The fact is that no man feels safe in a civil action. The judge's feeling & prejudices before the Trial & his acquaintance with one of the parties & the facts gleaned & too willingly listened to by himself are all canvassed before the jury is ever dreamt of. This certainly is a deplorable state of things, and the miners are about to take very decisive steps to stop it.36 Whether Cox is meant by Walkem to foment trouble by his decisions is not clear. It would be nearer the truth to conclude that the foment came from the right of the miners to appeal to the Supreme Court than from any particular activities of Magistrate Cox, who was, indeed, very popular with the miners and was widely praised for his stand in the Aurora dispute.36 Walkem's (33) Ibid., July 11,1866. (34) Ibid., August 5,1865. (35) Walkem to Crease, June 10, 1866, Walkem Letters, MS., Archives of B.C. (36) Victoria Colonist, June 11 and 13,1866. IT 290 Sydney G. Pettit. October. description of Judge Begbie's methods is only too accurate, and his words were borne out in the famous Aurora case. In the spring of 1866 the Aurora Company notified a neighbouring concern, the Davis Mining Company, to appear at Clinton to answer an application that would then be made, on Friday, May 25, 1866, for an injunction to restrain it from working a certain piece of ground. The Aurora Company sent one of its employees, a Mr. Hazeltine, to Bridge Creek, where he met Judge Begbie on his way north to the assizes. He obtained from the Judge, without any difficulty it appears, an order to Magistrate Cox, as Deputy Registrar of the Supreme Court, to issue an injunction and to attach the seal of the court thereto, as the seals of the Registrar were in the wagons, which had broken down, and were some miles behind. Hazeltine took the order to Mr. H. P. Walker, who presented it to Magistrate Cox in the Court-house at Richfield and requested him to attach the seal of the court to the injunction. Cox said he had considered the matter very carefully and had come to the conclusion that he could not acquiesce. He read Walker a statement he had prepared the night before, which set forth the reasons for his refusal. It ran as follows:— I hold no commission as Deputy Registrar of the Supreme Court, nor never did hold one; I have acted as such for the accommodation of the public and the Supreme Court; and it is not later than the Express before last I remarked, with reference to cases against the Sheriff, that all my acts done as Deputy Registrar of the Supreme Court must have been illegal. I entertain as high respect and esteem for Mr. Begbie, as Mr. Begbie, and also as Supreme Court Judge of the Colony as any man in it; but finding now it is attempted to drag me into this disagreeable quarrel, and act contrary to my own ruling and conscience, I would, if I actually did at this moment hold a commission as Deputy Registrar of the Supreme Court, resign the post at once. There are Court seals in the Record Office, which are at Mr. Walker's disposal; but they will not be issued as seals out of the Supreme Court by me as Deputy Registrar of the same.87 The cause of the Aurora Company had few supporters, for most of the mining community regarded its suit against the Davis Company as a deliberate attempt to secure ground for which it had no claim.88 Magistrate Cox had taken a similar position in 11 1947 The Tyrant Judge. 291 what he had called " this disagreeable quarrel." Without choosing or naming sides, he had made his feelings very clear. Walker obtained the injunction from the Registrar when he arrived at Richfield, and the case was heard before Judge Begbie and a special jury in the Supreme Court on June 9, 1866. The jury, which consisted of seven men, had been chosen with great care. Forty-eight free miners had been summoned. Five of these were challenged by counsel and seven drawn by lot from the remaining forty-three.39 It was close to midnight when the jury agreed on the verdict, which was that the 130 feet in dispute should be equally divided between the two companies.40 The decision, which many had feared might go to the Aurora Company, gave widespread satisfaction. The editor of the Cariboo Sentinel wrote an enthusiastic account of the trial and the jury's decision. John Robson echoed his sentiments, but with qualifications, stating that he was not yet ready to discuss the conduct of the Judge in the case. He quoted the Sentinel as follows:— We must say we look upon this trial as a concession to the public sentiment, a fact that must cause much satisfaction to those who are likely to bring forward questions in our courts of law, as many litigants prefer suffering an immediate loss rather than incur the risk of running the gauntlet of the whole course from the Gold Commissioner to Chancery.41 The court assembled on Monday, June 11, to wind up the case. Resplendent in wig and robes, Judge Begbie summoned the appellant and respondent before him and told them that he could not accept the verdict! He would, however, rather than take the case into Chancery, settle the matter if the parties to the suit would appoint him sole arbitrator! Counsel for the Aurora Company accepted the offer at once. The Davis Company's representatives asked for an adjournment to the next day. When the court met on Tuesday morning, counsel for the Davis Company stated that his clients refused to enter into any such agreement.42 The Davis Company, after sober reflection, conceived that they might lose by not accepting the quixotic Judge's offer of (39) New Westminster British Columbian, June 27,1866. (40) Ibid., June 20,1866. (41) Ibid., June 27,1866. (42) Ibid., June 27,1866. 292 . Sydney G. Pettit. October. arbitration, and on June 14 informed him that they would be pleased to put their case in his hands. Five days later, on Tuesday, June 19, the Judge summoned the parties to court to hear his adjudication, which was in favour of the Aurora Company. He stated bluntly that he could not accept the verdict of the jury, and if jury after jury were to find such a verdict, it could not be permitted to stand.43 On the evening of the following Saturday, June 23, between 500 and 600 miners from the surrounding creeks assembled in front of the Richfield Court-house to protest Judge Begbie's administration of the law. The resolutions passed were as follows:— Resolved. That in the opinion of this meeting the administration of the mining laws by Mr Justice Begbie in the Supreme Court is partial, dictatorial and arbitrary, in setting aside the verdict of juries, and calculated to create a feeling of distrust in those who have to seek redress through a Court of Justice. . . . Resolved. That this meeting pledges itself to support the Government in carrying out the laws in their integrity, and begs for an impartial administration of justice; to this end we desire the establishment of a Court of Appeal, or the immediate removal of Mr Justice Begbie, whose acts in setting aside the law have destroyed confidence, and are driving labor, capital and enterprise out of the Colony. . . . Resolved. That a Committee of two persons be appointed to wait upon His Excellency the Administrator of the Government, with the foregoing resolutions, and earnestly impress upon him the immediate necessity of carrying out the wishes of the people.44 Two miners, John McLaren and Frank Laumeister, were appointed to carry the resolutions to Administrator Birch. Expenses of the journey were to be defrayed by public subscription. Judging by the enthusiasm of the meeting, there is no doubt that the fund was easily raised. When this arrangement had been made, three cheers were given for Magistrate Cox, the Victoria Chronicle, the British Columbian, the Daily British Colonist, the Cariboo Sentinel, the Chairman, the Secretary, and the Queen. The Administrator received McLaren and Laumeister with every courtesy, gave full attention to their complaints, and (43) Barkerville Cariboo Sentinel, June 21, 1866, cited in Victoria Colonist, June 28, 1866. (44) Victoria Colonist, June 28,1866. 1947 The Tyrant Judge. 293 accepted their petition. Two days later, on July 5, he gave the deputation an official reply.46 Studiously avoiding the miners' proposal that Judge Begbie should be removed from office, Birch dealt with the alternative proposal that a court of appeal should be established. He declared that the subject had been under consideration for some time, but that final arrangements could not be made because of the projected union of the two colonies. With the amalgamation of the courts a court of appeal would be immediately established. The deputation retired and left for Cariboo, believing that with the advent of union the mining community would be emancipated from the rule of the Tyrant Judge. The union of the two eolonies was proclaimed on November 19, 1866, and to the consternation of the interested individuals and factions the Act of Union made no express declaration concerning the Supreme Court of Vancouver Island. The authorities were thus confronted with a problem that involved both constitutional and personal issues. Was it to be inferred from the Act that the Island court was to continue or that it was abrogated, thus bringing the territory under the jurisdiction of the Supreme Court of British Columbia? If it were abrogated, there would be the thorny question of the status of Judges Begbie and Needham. It could be argued that abrogation had abolished Chief Justice Needham's office. On the other hand, a case might be made to show that his office derived from the Queen's commission, and not from the Order in Council of 1856, which had established the Supreme Court of Vancouver Island. If this were true, Needham would continue as a Chief Justice after his court had been abolished. In the event of abrogation there could be no doubt that Needham would be offered a judgeship in the Supreme Court of British Columbia. One judge would not suffice for the large area included in the union, and Needham was both able and popular. If he accepted such an offer, would he do so on conditions that subordinated him to Judge Begbie? These perplexing problems, which were further complicated by the unpopularity of Judge Begbie, occupied the minds of the Government for nineteen months. At the end of that time a compromise settlement was arranged. As it was designed to e both Judges, no amalgamation took place and thus no (45) New Westminster British Columbian, July 18, 1866. 294 , Sydney G. Pettit.- court of appeal was established. The " Courts Declaratory Ordinance " of 1868 continued the powers and jurisdiction of the two courts, and the " Supreme Courts Ordinance," 1869, settled the status of the two Judges. Under the provisions of the latter, Judge Begbie was styled " The Chief Justice of the Mainland of British Columbia," while Needham became " The Chief Justice of Vancouver Island." Each enjoyed precedence over the other in his own jurisdiction. The personal and provisional nature of the settlement is apparent in the provisions that the courts should be merged when a vacancy occurred by reason of the death, resignation, or other causes of Begbie or Needham. In March, 1870, Chief Justice Needham resigned to become Chief Justice of Trinidad, and at long last Judge Begbie became Chief Justice of British Columbia. For these reasons John Robson and the Cariboo miners failed to secure their court of appeal. But after the Aurora case Judge Begbie gave little cause for protest. Perhaps he realized that he must change his ways. It is possible that official pressure was brought to bear on him. In 1867, when it became apparent that the courts could not be amalgamated and that a court of appeal would not be established, the Government took steps to prevent miners from carrying their cases from the Gold Commissioner's Court to the Supreme Court. On April 2,1867, the " Gold Mining Ordinance " of 1865 was amended to limit appeals to the Supreme Court to points of law. In this way a definite stop was put to Judge Begbie's habit of looking into the dispute himself before the case was heard, forming conclusions from the facts he had gleaned, and forcing them down the throats of an outraged jury. It was a telling commentary that legislation had to be enacted to save litigants from the hands of a Judge of the Supreme Court. Sydney G. Pettit. Victoria, B.C. NOTES AND COMMENTS. BRITISH COLUMBIA HISTORICAL ASSOCIATION. Victoria Section. The annual field-day of the Victoria Section was held on August 16, and took the form of a basket picnic to John Dean Park in Saanich. During the course of the afternoon, the Chairman, Mrs. M. R. Cree, called upon Major Harold Nation, who spoke informally on the history of the Saanich Peninsula. Mr. W. E. Ireland also contributed remarks on the significance of the Mount Newton area in Indian folk-lore. Many of the members present availed themselves of the opportunity to climb to the summit of Mount Newton and were rewarded with a superb view of the Gulf Islands. The opening meeting of the fall season was held in the Provincial Library on Monday, September 29, with some fifty members in attendance. The speaker was Mr. Willard E. Ireland, Provincial Librarian and Archivist, who chose as his subject British Columbia: A Study in Parallelism. In introducing this subject the speaker cited numerous recent examples of an increasing spirit of national consciousness in Canada and made a plea that the time had come for historians to pay more attention to " the H.C.F. instead of the L.C.M. of our nationhood." All too frequently local history organizations in their enthusiasm tended to overemphasize local events without due consideration being given to their national setting. Mr. Ireland then gave a very rapid survey of the history of this Province, describing the events against their larger national background. Parallel developments in other parts of British North America were noted in all stages of our development from the era of exploration and development to the present day. Perhaps the most singular factor in the history of British Columbia is its compactness, for the political experience of a century in the eastern colonies was reproduced here in the space of less than twenty-five years. The Northwest Territories—Canada's Last Frontier was the subject of an address by Colonel J. K. Cornwall before the Victoria Section on Wednesday, October 29, in the Provincial Library. The speaker, popularly known as " Peace River Jim," has spent a lifetime in the Canadian Northwest and still remains one of its staunchest " boosters." In the course of his informal remarks he strongly advocated the construction of a railroad into the area as the best means of assisting its development. From his fund of knowledge Colonel Cornwall was able to interject many interesting and illuminating personal experiences dealing with such events as the discovery of the Fort Norman oil-wells and the removal of 7,000 buffalo from Wain- wright to the Northwest Territories, and with such colourful northland characters as Robert Service and H. F. " Twelve-foot" Davis. The appreciation of the meeting was tendered to the speaker by Mr. G. H. Blanchet. 295 296 Notes and Comments. Vancouver Section. Dr. W. N. Sage was the speaker at the first meeting of the winter series of the Vancouver Section, held in the Hotel Grosvenor on Tuesday, October 14. The subject of his address was The Work of the Historic Sites and Monuments Board of Canada and, as the representative for British Columbia and the Yukon on this board, Dr. Sage was able to speak authoritatively. The present Board was organized as late as 1919, although many of its functions had previously been performed by the Historic Landmarks Association, founded in 1905. The late Judge F. W. Howay was the original representative of the four western Provinces and was chairman at the time of his death in 1943. Dr. Sage explained the administrative organization and described the manner in which decisions were reached. As a rule neither cemeteries nor churches are marked, as these are considered of Provincial or local interest; only matters of national significance are dealt with, and each case is decided on its own merits. It was pointed out that already many historic places and events in British Columbia had been marked, and many others were still under consideration. The vote of thanks to the speaker was moved by Mr. George Green and seconded by Mr. E. G. Baynes. CONTRIBUTORS TO THIS ISSUE. A. E. Pickford has for some time been on the staff of the Provincial Museum, Victoria, B.C., in charge of the anthropological work and was responsible for the excavation of the Duncan burial mound undertaken by Archie W. Shiels has for years been interested in Alaskan history and has a fine collection of Pacific Northwest Americana. In addition, he has published San Juan Islands, the Cronstadt of the Pacific, and Seward's Icebox. Sydney G. Pettit, M.A., is at present on leave of absence from Victoria College while pursuing postgraduate studies at the University of Washington. THE NORTHWEST BOOKSHELF. Third Crossing. By Margaret Morton Fahrni and W. L. Morton. Winnipeg: Advocate Printers, Limited, 1946. Pp. ix., 118. Map and ill $2.50. The Assiniboine Basin. By Martin Kavanagh. Privately printed. [Winnipeg: The Public Press, Ltd., 1946.] Pp. xviii., 283. Maps and ill. $5. Papers read before the Historical and Scientific Society of Manitoba. Season 1945-46. Edited by Clifford Wilson. Winnipeg, 1946, Pp. 72. 111. $2. From time to time this Quarterly has noted the encouraging development in the field of local history in the Province of British Columbia. Now it is a pleasure to note corresponding activity in our sister Province, Manitoba. All too frequently local histories tend to become stereotyped, for nearly all the early communities followed much the same pattern of development. Third Crossing is not in this category; indeed, it might well serve as a ' model for local histories, for it is admirably conceived and executed. It is the history of the first quarter-century of the district centring around Gladstone—the town that came into being where the North Saskatchewan Trail made its third crossing of the White Mud River. The authors, descendants of pioneer settlers in this region, were fully qualified for the task they essayed, and it is obvious that they thoroughly enjoyed the undertaking. The pre-settlement period is very briefly outlined, with considerable emphasis placed upon the route and significance of the North Saskatchewan Trail. The arrival of the first settlers and the gradual evolution of a rural community in terms of new roads, schools, churches, and industries is carefully detailed, and much new documentary material is reproduced. But the narrative never becomes " bogged down " with purely local details, for the authors have a broader concept of the significance of their community as an integral part of the opening-up of the Canadian Northwest. It is this method of approach that gives this history its merit. This is particularly noticeable when dealing with such factors as the coming of the railroad, the boom and depression of the early 1880's, and political events. There are several carefully selected illustrations, and it is only unfortunate that the map selected should not have been more distinct. The absence, of an index is also regrettable. In format and printing the book is most satisfactory. The Assiniboine Basin is a much more ambitious project. It was designed as " a social study " of a river-basin and should consequently be an integration of the history, geography, economics, and civics of the area. In this, however, the author is only partially successful, for while the facts are recorded in detail, the integration of these facts is not particularly noticeable. Despite the author's declaration to the contrary, one cannot but British Columbia Historical Quarterly, Vol. XI., No. 4. 297 The Northwest Bookshelf. In the first part of the book the author has gathered together, from secondary sources, various accounts of early explorers and fur-traders who traversed the valley of the Assiniboine. This included such men as La Verendrye, David Thompson, Alexander Henry, John Pritchard, and John Macdonell, to mention but a few. Later events, such as the explorations of Henry Yule Hind, the Red River Rebellion, and the arrival of the first settlers, are also recorded. The development of methods of transportation is carefully considered, including steamboating on the Red and Assiniboine Rivers, as well as railroad-construction. The effect of the location of the route of the railroad upon embryonic settlements is ably illustrated by the story of Grand Valley. The greater portion of the book, however, deals specifically with the history of Brandon, which the author considers to be typical of prairie cities. The establishment of municipal government and the gradual expansion of the various civic services, as well as the development of community life as expressed in schools, churches, hospitals, parks, libraries, newspapers, and fraternal and other organizations, are all accounted for in painstaking detail. A great mass of useful material has been reproduced in a series of eighteen appendices. The book is profusely illustrated with pictures and maps, and an excellent index is provided. The bibliography, however, leaves much to be desired, for many obvious references appear to have been completely overlooked. While the book has certain readily apparent defects, nevertheless, Mr. Kavanagh is to be congratulated, for he has drawn together a great amount of material and presented it in a useable form. The high standard set in the first series of the Papers published by the Historical and Scientific Society of Manitoba has been maintained. Once again the five papers reproduced cover distinct and interesting aspects of the varied history of the Province. "All Western Dollars," contributed by Mr. Peter Lowe, deals with the history of one of Western Canada's outstanding private banking firms— Alloway & Champion. The author was for years closely associated with this firm and, in consequence, writes with authority. As a result, in addition to much valuable biographical material relating to the Alloway brothers and their partner, many interesting sidelights into banking practice in the period of expansion following the building of the railroad. Canadian unity, to say nothing of national economic development, demanded the construction of a transcontinental railroad, yet from the inception of Confederation Canada has always been conscious of a " railroad problem." Mr. J. A. Jackson, in his article " The Background of the Battle of Fort Whyte," has given a succinct outline of the Manitoba railroad agitation of the 1880's. The crisis was reached in the Fort Whyte incident, when the Dominion Government-sponsored Canadian Pacific Railway attempted to resist the crossing of its line by the Provincial Government-supported 1947 The Northwest Bookshelf. Red River Valley Railway. Of particular interest is the material herein made available on the important Greenway-Macdonald negotiations. Under a fellowship made available by the Society, Dr. E. K. Francis has been engaged in a study of the social history of the Mennonites that began to settle in Manitoba in the early 1880's. A preliminary report on " The Origins of Mennonite Institutions in Early Manitoba " is in reality a careful analysis of the European background of this sect, with a view to determining the source of some of the characteristic socio-economic traits of Mennonite culture in the Province. Miss Lillian Gibbon has for some time been writing a column in the Winnipeg Tribune on old houses of Winnipeg and its environs. In " Early Red River Homes " the story of some twenty of these pioneer houses is retold. Mr. Chris. Vickers has contributed another interesting anthropological study in "Aboriginal Backgrounds in Southern Manitoba," which deals with the highly complex but fascinating problem of tribal migrations Several excellent illustrations greatly enhance what is all in all a most creditable publication. Willard E. Ireland. Victoria, B.C. I Loyalist Narratives from liner ' BuplimtOT Hope. 70- Eayle, 27 3 BRITISH COLUMBIA HISTORICAL ASSOCIATION Organized October 31st, 1922. PATRON. His Honour Charles A. Banks, Lieutenant-Governor of British Columbia. OFFICERS, 1947. Hon. G. M. Weir Honorary President. George B. White .... President. Madge Wolfenden - Past President. Alma Russell 1st Vice-President. Rev. W. Stott 2nd Vice-President. Helen R. Boutilibr - Honorary Secretary. 3. K. Nesbitt Honorary Treasurer. MEMBERS OF THE COUNCIL. Burt R. Campbell. H. C. Holmes. W. Kaye Lamb. B. A. McKelvie. T. A. Rickard. W. N. Sage. Willard E: Ireland Muriel R. Cree Rev. W. Stott (Provincial Archivist; (Victoria Section). (Vancouver Section). Editor, Quarterly). OBJECTS. To encourage historical research and stimulate public interest in history; to promote the preservation and marking of historic sites, buildings, relics, natural features, and other objects and places of historical interest, and to publish historical sketches, studies, and documents. MEMBERSHIP. Ordinary members pay a fee of $2 annually in advance. The fiscal year commences on the first day of January. All members in good standing receive the British Columbia Historical Quarterly without further charge. Correspondence and fees may be addressed to the Provincial Archives, Parliament Buildings, Victoria, B.C.
Includes an index Includes bibliographic references Other copies: http://www.worldcat.org/oclc/937942070 Part of: Dr. C.E. Dolman Collection
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The British Columbia historical quarterly. Vol. XI
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