Panning for Gold

Faces of the Gold Rush

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Thompson River First Nations

SIR--I have to report for your information, respecting the late occurrences at Yale, (36) that I left Victoria for Langley in company with the Lieut. Govr.(37) on board the H.B.C. Str "Beaver" on Wednesday, the 4th ulto., intending to return immediately to Victoria, after having arranged one or two matters connected with the detail of judicial business which seemed to require my personal presence.

Immediately on the arrival of the "Beaver" at Langley, Capt. Grant, R.E., commanding the detachment there,(38) waited on the Lieut. Govr.who shortly afterwards summoned me to consult upon a very alarming letter received some days previously by Capt. Grant from Captn. Whannell, the resident J.P. at Yale, which letter from the state of communications could not have been answered earlier, or only by one day earlier, the steamer "Enterprise"(39) having been at Captn.Grant's instance delayed 12 hours to await the arrival of His Excellency Col. Moody. With the terms of Captn. Whannell's letter I believe Your Excellency is acquainted.

The reputation of Edward McGowan,(40) a citizen of the United States named in such letter as a leader of the alleged outrages, being very notorious, I agreed with the Lieut. Govr. that as a military commander thus summoned by a magistrate generally reputed to have considerable personal courage, there could be but one course to follow--viz., to proceed to the scene of action: and, owing to the deficiency of police constables on the river, to proceed accompanied by as many of the detachment as could be conveniently spared. This was accordingly done; but for particulars I beg to refer to the Lieut. Govr's report to Your Exccllcncy. I may add that although some canoes had arrived from the upper part of the river since Captn Whannell's letter, there had been no further communication from him: and there was a loose report that he and a constable had been murdered by the mob.

4.The Lieut. Govr. left on the same night at 11 p.m., accompanied by Captn.Grant and, I believe, 24 sappers: and myself, His E. having requested me to accompany him. The frost wch had already set in two days froze the river fast in our rear the next day: and having diminished the supply of water in the river the rapids were so shoal that we could not pass up: and we were reduced to a state of inactivity and to allow ourselves to be frozen up in a creek about 8 miles above Harrison R.

5. While lying here we were informed by the enterprise of Mr. Ogilvy, a gentleman in charge of the Hudson's Bay settlement at Hopetown, who volunteers to the Lieut.Govr. to undertake in very severe weather to take a letter express to Capt.Whannell and also reconnoitre generally the state of affairs, that a disturbance and outrage of a very extraordinary nature had certainly taken place. but that no further breach of the peace was immediately threatened. The Lieut. Goyr then determined to take the sappers no further than Hopetown(41) and to go up alone to Yale, especially as it appeared that it wod be necessary to go the remainder of the distance in small boats.

6. On our arrival at Yale, it appeared that on the 24th Decr. a man named Bernard Rice had been shot in a saloon there by a man named Foster. Capt. Whannell, in his anxiety to prevent the ends of justice from being defeated, had imprisoned Foster's partner (Adams) and a servant named Allmeyer, whom he intended to call as witnesses, requiring enormous bail for their appearance. For Foster's partner he required 10,000 dollars, one-fourth to be deposited in cash: but ultimately released him on giving security with two sureties for 6,500 dollars. These sureties now wish to be discharged, and I have to report that the ends of justice will not probably be affected by their discharge, and in my opinion they ought not to have been required for the liberation of Adams. For Allmeyer, a person (of ) mean circumstances, $1,500 ( £ 300) were required, with security; wch he was wholly unable to procure, and was consequently lying detained in custody when I arrived at Yale. Although when the man Alimeyer was before me I did not place much confidence in his looks or his statements, I felt that it was impossible to condemn too seriously the course pursued: wch amounted, the killer, Foster, having by this time absconded, to a sentence of perpetual imprisonment upon a witness of (as yet untried) murder: and which might turn out to be a case of even justifiable homicide. I therefore caused him to he brought up before Capt. Whannell and myself and we discharged him on his own recognizances in the sum of £50. A similar course was pursued in the case of another man, Compter, who was also imprisoned through inability to procure bail for what I conceived an excessive amount, for his appearance as a witness in another case. Him I also caused to be brought before Captn Whannell and myself, by whom he was dismissed from custody on entering into his own recognizances for a like amount of £50. This man when dismissed was in actual want of the commonest necessaries of food and clothing, and I only fixed the amount of his recognizances so high lest too great a contrast might be drawn between my proceedings and Capt. Whannell's.(42)

7. It was not only witnesses that were thus oppressively treated. A colored man named Dixon had been maltreated by two citizens of the United States of N.A., Burns and Farrell, on the 25th Dec. last, an assault which was the occasion of the outrages which had called the Lieut. Govr and myself to Yale. Captn Whannell entertained Dixon's complaint and issued warrants for the apprehension of Burns and Farrell, although from the various accounts I received at Yale the assault was probably at law a common assault only. In order to secure the presence of Dixon to prosecute the complaint, Captn Whannell then committed him, Dixon, to close custody and so detained him. This brings me so near the final outrage that I shall proceed at once with the narrative and observe upon the conduct of parties afterwards. Upon Captn Whannell's warrant, Burns and Farrell were apprehended and taken before Mr. Perrier, another Justice of the Peace for the same district residing at Hill's Bar, the next village to Yale, about 11/2 miles distant. Perrier, wishing to investigate the matter, sent his constable for Dixon, the prosecutor (who was, as stated above, detained in gaol at Yale). Captn. Whannell, having the prosecutor in his hands, refused to give him up: but demanded that Burns and Farrell shod be brought before him: and when the constable declined to undertake to do this without a written order, and also, as alleged by Captn. Whannell, upon some insolence or contempt at Captn. Whannell's authority, he, Captn. Whannell, threw Mr. Perrier's constable also into the gaol at Yale;(43) wch, being circumscribed in its limits, must, when thus containing prosecutor. witnesses. and constable everybody but the accused persons have been rather inconveniently crowded.

8. Mr. Perrier, indignant at this treatment of his constable, and apparently entirely ignorant of his power and authority and of the respect due to the commission of the peace, immediately fulminated against his rival a warrant for his apprehension, and also a warrant for forcibly taking Dixon out of the gaol at Yale and bringing him to Hill's Bar; and having no constable to whom the execution of these warrants could be committed, he swore in Edward McGowan and one Kelly(44) and, I believe, several others as special constables to execute the warrants. I only name these two, as they were the most noted men on Hill's Bar, and were therefore the two who were summoned before Mr. Brew,(45) J.P., and myself to answer for their conduct.

9. These two men then, with 12 or 14 others, all fully armed the usual weapons worn here being one or two revolvers and a large knife--came to Yale, suddenly seized Captn. Whannell, who himself also usually sat in Court with a revolver at his belt, and also the gaoler, who refused to obey Perrier's warrant for the delivery-up of Dixon, the prosecutor. This was all effected with violence no doubt, but happily without bloodshed or injury to property, although there is no doubt that had the attack been less sudden and successful not one of all these men--justice, gaoler, or special constables--would have hesitated for an instant to use his revolver with the most deadly effect to carry out his will.

10. But little remains to be told. Captn. Whannell and his gaoler were both immediately taken before Perrier. The gaoler was discharged as having acted under orders. Capt. Whannell was fined 25 dollars "for contempt of Court" in Perrier's Court.

11. Of all these circumstances we were informed at great length on our arrival at Yale, and partly also on our way thither. Mr. Perrier was immediately (on Saturday, 15th Jany) sent for, and Your Excellency's despatch announcing his suspension was communicated to him on the next day, Sunday, after service in the Court-house read by the Lieut.Govr and myself as clerk.(46) The service was very well attended. A copy was also affixed publicly at Yale and at Hill's Bar. It was also announced that the Lieut.Governor and myself would go alone on Monday, the 17th jany, to Hill's Bar (the sappers having been all left at Hopetown) to examine into the affair, and summonses were prepared for that purpose. But on the afternoon of Sunday, the 16th Jan., McGowan in the town of Yale assaulted one Dr. Fifer-it is true, without inflicting any personal injury, but with circumstances of great contumely, although he knew that the Lieut.Govr was then residing within 100 yards of the spot where the assault took place. Under these circumstances it was considered right to proceed more formally.(47) Summonses were issued to McGowan to answer this assault and the assault on Captn. Whannell, and to Kelly for the latter assault. returnable at Yale and with full legal notice. And on Wednesday the hearing took place. On the summons for the assault on Fifer, McGowan pleaded guilty, expressed his regret and his intention to observe the laws strictly for the future expressions wch I was very glad to hear, as coming from a man reputed to be of violent character, and made without any compulsion whatever, and in the presence of a large crowd of men over most of whom he exercises a very considerable influences and therefore possessing much more weight with these bystanders than any words of mine.

12. The next matter then came to be examined into; and although irregular, I permitted the defendants to enter into what really was the gist of their case-viz., that they wore acting under virtue of a warrant from a justice of the peace wch they were in fact precluded from even questioning. Mr. Perrier was examined on this point; and on the whole Mr. Brew and I were both of opinion that no jury would have convicted on an indictment for the alleged misdemeanour in assaulting the justice and forcing the gaol. It appeared, indeed, to me that if the matter had gone to trial I should have been bound to direct an acquittal. With the concurrence of the Lieut.Governor, therefore, Mr. Brew and myself directed the defendants to be dismissed.(48) I ought here to mention that Mr. Brew, J.P., arrived very opportunely, having travelled express in a canoe all the way from Langley in very trying weather,(49) and that he was of the greatest assistance to me in this affair, carrying out all the details; my time being very much occupied in other multiplied investigations, chiefly relating to the conduct of Mr. Hicks, late J.P. and Assistant Crown Commissioner at Yale, into wch the Lieut. Governor deemed it necessary for the public service to institute minute inquiries.

14. I am sorry to have to report. as the result of those inquiries, throughout wch the Lieut. Governor bore a patient and laborious part, Mr. Hicks appears wholly to have neglected his duties as far as keeping any records: the imperfect entries wch he has kept being such as to invite doubt and investigation only, and being apparently incapable of proper explanation even by himself-that he appears wholly to have neglected any attempt to collect the revenue wch it was his duty to have collected, and wch to some extent at least might have been collected, whereas it is now more than probable that much of the arrears will be lost; that he has on many occasions by his own admission taken unauthorized fees from miners or others for recording or pretending to record their claims; that he has in several instances, on granting or pretending to grant privileges connected with the land, reserved or obtained for himself an interest in the profits; that he, being authorized to grant liquor licences, has in particular granted to one Kingham an exclusive wholesale liquor license at Yale in wch he is allowed a third or a quarter share on the express stipulation that no other person shall be allowed a wholesale license there, and has refused to grant such other license accordingly: and that he has brought the whole administration of justice into contempt.(50) It is scarcely possible to arrive at an accurate knowledge of his misconduct, as we found by experience that no reliance is to be placed on his most distinct assurances on subjects wch must be within his own personal and very recent knowledge; e.g., an interest reserved to himself in a sawmill and a ferry, as to which he admitted on the last day we were at Yale that he had told us clear and repeated falsehoods. The whole of the leases in the Yale town district are, moreover, so far as I have seen them, void, in consequence of his having without a pretense of authority very materially altered the terms of the printed forms wch he had furnished by Your Excellency; in fact, omitting the principal stipulations in the lease introduced on the part of the Crown. I am therefore of opinion that Mr. Hicks is totally unworthy of serving Her Majesty in any capacity whatever. and that it would be extremely proper that criminal proceedings shod he instituted against him.

In consequence of the state of titles to town lots at Yale arising from the falsification of the leases and the recording or alleged recording of conflicting claims, it would almost seem a proper step to wipe out all that has been done and recommence the town. The buildings wod not all require to he removed: and all of them are of a very light description and could easily be rebuilt anywhere.

As to the origin of the outrages, it appeared that Yale and its vicinity are chiefly inhabited by citizens of the United States of N.A. more or less connected with California; and, like other Californians, deeply imbued with party spirit; and, like all United States citizens, very fond of political excitement and meetings, particularly when they conceive that some legal right has been infringed. Yale is chiefly inhabited by partisans of the "Vigilance Committee"; Hill's Bar by partisans of the "Law and Order" party in San Francisco. In particular McGowan and Bagley(51) are resident there, owning claims on the bar; also Wilson, an ex-alderman. Not one of these men's lives wod he worth an hour's purchase in any street in San Francisco, nor probably a month's purchase in any large town in the Union: and they and others all know it. They have been expatriated for no proved crime and not unnaturally are indignant at their banishers and at all who sympathize with them. Having never experienced the protection of the law--finding it impossible to return to their own country and stand a trial, for they wod be certainly shot down even in the very Court of justice--they have become habituated to violence and to a distrust and contempt of all constituted authorities, and become their own avengers whenever and wherever they meet any of their supposed oppressors. Fifer, whom McGowan assaulted as above mentioned, is a " Vigilante," and McGowan avowed that he assaulted him on that score. I believe that McGowan and his party had reason to believe that an attempt, at all events, was contemplated to construct something like a Vigilance Committee at Yale, directed agst themselves. How criminal and bootless such an attempt wod have been under Your Excellency's administration(52) it is not necessary for me to point out. I believe that it was seriously apprehended by McGowan: and though they believe, perhaps, that it might ultimately be disowned or perhaps put down by Your Excellency's Govt., yet they evidently had some anxiety as to the inconveniences to wch they might have been put in the meantime, and even as to the spirit in wch such a quasi-Vigilance Committee might be viewed at Victoria. They therefore resolved to anticipate violence by violence. It appeared to me that when their violence was reprehended and punished as it was by me, they acquiesced all the more readily and cheerfully in my decision because they received at the same time assurances that the same protection shod be extended to them in case of need wch was now exercised against them.

It is easy to conceive what a ready opening there was for disturbance in a district where a weak and corrupt magistrate like Mr. Hicks, having thrown men's minds and titles into discontent and confusion, was succeeded by two magistrates like Captn Whannell and Mr. Perrier, alike ignorant of the law, surrounded by evil counsellors, and carried away with the most unbounded ideas of the dignity of their offices and themselves. It appears very providential that no more serious consequences took place.

In my opinion neither of these gentlemen are fitted by their learning or discretion usefully to fill the duties of the Justice of the Peace;(53) although I feel bound to add that not only nothing was proved, but nothing was alleged against their personal honour and uncorrupted integrity, though every cause of offence, it is needless to say, was remembered and brought forward.

From what has come before me I feel bound to state to Your Excellency that I have no confidence that anywhere else in British Columbia higher up the Fraser the office of justice of the peace is so efficiently represented as is desirable, and I feel bound to recommend that when any discreet person be found he shod be appointed without delay and proceed directly up the river where a very large immigration may almost immediately be expected. From what I have observed a very small force of regular police constables wod in general be necessary.

A large proportion of the population might, I think, be depended upon as special constables; and evil-doers are in general disunited, aware of the positive animosity with wch they are regarded by a large number of the persons by whom they are surrounded, and, though prone to violence, not very courageous. The late expedition of troops also, at perhaps the very worst period of the winter wch has yet occurred, has, I hope, shown them the temper of Your Excellency's Gov't.

With respect to the powers of Justices of the Peace, various alterations have suggested themselves, chiefly in consequence of the late occurrences. These I propose to reduce into the form of a Proclamation having the force of law, and to submit to Your Excellency for approval. The chief points which wod be brought forward would be:
lst. The abolition of all districts wch are at present wholly undefined and seem to promote confusion and jealousies.
2nd. Empowering a single justice to do all acts for which by the English law two justices are required.
3rd. Augmenting the pecuniary penalties; the English fines of 5s. and even 40s. are quite inadequate in "ounce diggings" districts.
4th. Regulating the fees to be taken. At present I am not aware of any authorized table of fees; very different amounts are demanded at different places, and in some the fees seem perfectly exorbitant.
5th. Throwing the Excise and Customs duties' proceedings into the summary jurisdiction of justices.
6th. Generally codifying and classifying offences. This draft I have in a great measure prepared, but I feel great difficulty in the absence of the English Statute of 1848, wch codifies, 1 believe, the English law on the subject and of wch no copy exists in the Colony.

I may state the weather was exceedingly ill adapted for travelling. The snow lay eighteen inches deep on the flats opposite to Yale after a rain of 36 hours. But although we experienced a very great deal of frost and snow, I doubt whether the thermometer ever descended 10 degrees F. below freezing. And the weather was in general calm, with the exception of one tremendous storm at Yale wch lasted only a very few hours.

I should feel that I would be committing an act of injustice in closing this Report without expressing, however inadequately, the obligations under wch I conceive the Government has been placed by the Officers of the Hudson's Bay Company and which probably the Lieut. Govr. will express more strongly than myself. It appeared to me that but for the goodwill, energy, endurance, and personal influence with classes possessed by those officers not only would the public service have been very much impeded, but wod for the time at least have been impossible to be carried on. Wherever there was a Hudson's Bay post there was a certainty of a hospitable offer of shelter and provisions; wherever there was a Hudson's Bay Company's man there was an energetic, intelligent, and trustworthy aid.

Your obedient servant,
MATT. B. BEGBIE.

Footnotes:
(36) This letter gives a complete view of the conditions prevailing in the mining region near Yale, with an authoritative account of the "late occurrences"; that is, the so-called "Ned McGowan War."
(37) Colonel Richard Clement Moody, who, besides being the commanding officer of the Royal Engineers and Chief Commissioner of Lands and Works of British Columbia, held also the dormant commission of Lieutenant-Governor. In a letter from Lytton to Douglas dated March 21, I859 (see the Deadmumn's Island Case, before the Privy Council, p. 304), he pointed out that as this commission only took effect on the death or absence of the Governor, it was improper to speak of Colonel Moody as the Lieutenant-Governor.
(38) See notes (9) and (10) on Judge Begbie's correspondence. ante, p. 25.
(39) See note (11) on Judge Begbie's Correspondence, ante, p. 25.
(41) Another name for Hope, or Port Hope.
(42)These details sbow that the charges of tyranuoue conduct on the part of Captain Whannell made by the miners in the preceeding resolutions had some foundation.
(43) Mr. Hickson. See note (31) Judge Begbie's correspondence, ante, p. 30, and the affidavit of Tbomas Pliesley at the end of Judge Begbie's correspondence.
(44) Probably Terence Kelly, one of the men on the black-list of the Vigilance Committee, who In 1856 bed. wtth others then mining on Hill's Bar, heen ordered to leave California.
(45) Chartes Brew. See note (23) in this correspondence.
(46) This was in pursuance of the Governor's decision, am stated to Lytton on January 8, 1859: "Justice Perrier, who appears to have acted in the arrest of his brother magistrate either under the influence of fear or fraud, will also be struck of the list of officers." Perrier continued to mine on Hill's Bar for at least a year longer.
(47) It was this assault, coupled with the bad reputation of the miners on Hill's Bar, that caused Colonel Moody to order up the Royal Engineers from Hope and the Marines and bluejackets from Langley. See note (27), ante, p. 29. Dr. Fifer was of the Vigilance Committee faction of California; and in assaulting him McGowan was avowedly clearing off some old scores. This appears later in this letter.
(48) Lieutenant Mayne states that the next day Judge Begbie and himself visited Hill's Bar. McGowan, he says, "conducted us over the diggings, 'washed some ditr' to show us the process, and invited us to a collection in his hut, where we drank champagne with some twelve or fifteen of his Californian mining friends. And whatever opinion the Vigalance Committee of San Francisco might ntertain of these gentlemen, I speaking as I found them, can only say that, all things considered, I have rarely lunched witha better spoken party."
(50) For tlie details of these various misdeeds see the charges made by Captn. Whannell, post, pp.73, 74. 75.and 76.
(51) Probably J.W.Bagley, a notorious person in California in 1850. The executive of the Vigilance Committee had resolved, to September. 1857, "that if J.W.Bagley to found in San Francisco after the 20th instant he will be immediately executed without trial."
(52) "And under my own," Judge Begbie might well have added.
(53) "Captain" Whannell, however, was not then dismissed.

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