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Letters Written and Received by Honorable Judge Matthew Begbie

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(Source: The Early History of Fraser River Mines. compiled by F.W.Howay. Published by John Forsyth, British Columbia Provincial Archives, Victoria 1926. Accession no.: NW 971.3 5F H853 c.6)

Fort Yale
18th Jany, 1859.

DEAR GOVERNOR,--I have only time to write a few hurried lines to give you the smallest account of a great meeting held here by the Hill's Bar men calling themselves "citizens of Fort Yale". But of the last there were about 6 and about 200 from the bar.(22) A deputation of 3 asked Col. Moody and myself to attend: we had not any notion of it previously, but went down directly, accompanied by Whannell and ultimately by Captn. Grant.

The proceedings commenced with three cheers for the Governor: then an address was read with a good many epithets, pitching heavily into Whannell. This Col. Moody very properly stopped and requested that the reader of the address wod. omit epithets. This produced a very bald reading: and I took the liberty of suggesting a short adjournment in order to re-draw the resolutions with an eye to the adjectives. This done the address was read: I have not got a copy: the purport was an expression of confidence in the British Law, confidence in British administration, an offer of assistance if necessary to maintain that law, and an impeachment of sundry misdeeds of Captn. Whannell's. The address was received in solemn silence by Col. Moody as to anything contained in it: he merely gave answer that his ear and his heart were open. In answer, however, to a previous very excellent (but superlatively humbugging) address from a red-shirted miner named Wilson,(25) both Col. Moody and myself had given a few words, not above 5 minutes apiece, expressive of the general intention of the Gov't to carry out the laws without fear or favour: And in conversation with Wilson and a very fine young fellow, not more than 21 or 22, who has already the distinction of being Ned McGowan's lieutenant, we had both impressed them with the fact that His Excellency could make no answer to the address: that the mere fact of our presence here, in such weather, our proceeding to action, and quite alone (in the first instance) shewed our resolution to examine into matters, and that, whatever might be the particular terms of the address, the line of action ultimately adopted wod be utterly irrespective of their views or sentiments and wod be guided solely by facts. There was also, I must tell you, for at last I have heard a good word for him, high expressions of confidence in Mr. Hicks. The meeting broke up with 3 cheers for the Queen.

I only add two things: first, that the Captn(26) here has certainly in many instances overstepped his authority and acted with quite illegal severity: 2ndly, that it is just as well to strike while the iron is hot, and that a sort of log hut to act as atete du pont already projected shall be erected immediately on the other side of the river.

Matters have so far quieted down that the sailors are countermanded and only the marines ordered up, to relieve, if thought fit, or support the sappers, as the case may be.(27)

There is an excellent feeling on the lower bars in case of actual fighting--but men don't like to leave work for mere "buncombe"--come up only to go down again. 200 could have been enlisted at Hope alone.

Believe me

Yours very truly

MATT. B. BEGBIE.

RESOLUTIONS OF A MEETING OF MINERS CONCERNING CHARACTER AND ACTS OF MR. HICKS AND CAPTAIN WHANNELL.

Resolved, That we, as law-abiding citizens, consider it an inalienable right guaranteed by the British Constitution to meet in public and make known such grievances as press upon us, and in doing so hope that His Excellency Governor Douglas will remedy the evils which we now so grievously suffer from.

Resolved, That the late meeting held on the eve of December 31st at the Court-house, and presided over by Dr. Fifer, did not represent the sentiments or true expression of feeling as known to exist among our most responsible citizens. And that we consider it a most dastardly and cowardly attempt to defame the character of a gentleman who is now absent at Victoria upon official business.(28)

Resolved, That the conduct of Richard Hicks, the present Crown Commissioner, has always been fair and honourable, and satisfactory to the citizens of this community, and the fact of his good name being traduced by an insignificant number of suspicious persons (only two in number) proves that designing and bad motives actuated the leaders in this vile attempt at slander.(29)

Resolved, That the tyrannous conduct of P. B. Whannell, a Magistrate in Her Majesty's service, in arresting persons without cause, without issuing warrants, and for imprisoning persons merely to gratify his own caprice, and in refusing said persons an examination, as the law directs, and also for levying fines in violation of the Statutes, deserves the severest censure, and we earnestly pray that His Excellency Governor Douglas will remove said Whannell from his present position, and appoint a gentleman possessing sufficient knowledge of the duties of his office as will meet the confidence of this community.(30)

Resolved, That the conduct of P. B. Whannell, in endeavouring to excite this community to acts of violence, by giving expression at a public meeting held in this town to sentiments at variance with the recognized principles of law and justice, deserves the severest condemnation, and at the same time proves his total incapacity to comprehend the dignity of the position he now, so unfortunately for this community, occupies.

Resolved, That the action of said Whannell, in arresting and casting into prison Officer Hickson, while in the performance of his duty, was endeavouring to bring witnesses before the Court of His Honour Judge Perrier, deserved the punishment so justly meted out to him (Whannell) for his gross contempt of Court(31)

Resolved, That the thanks of this community and of the adjacent townships be and is hereby tendered to His Honour Judge Perrier and Officer Hickson for the honourable and highly satisfactory manner in which they have discharged the duties of their office, and we trust that his zeal and fidelity to the interests of his Government will be amply rewarded by His Excellency Governor Douglas.

Resolved, That we have every confidence in the wise and patriotic administration of His Excellency Governor Douglas, and his humane policy of advancing the interests of miners and other emigrants by laying out roads, thereby facilitating communication, is especially deserving of praise and worthy of the highest regard and favour of the Home Government.

Resolved, That a copy of these resolutions be forwarded to His Excellency Governor Douglas, to Senior Justice Perrier, and to the Victoria Gazette for publication.(32)

J.W. WILSON.
P.J. CASSIN.
D. CAMPBELL.
CHARLES EMERSON.
WM. READ.

A true copy of the original.-B. BAILEY, Secretary.

Footnotes:
(24) Hill's Bar.
(25) Possibly the same Wilson as he mentions in his letter of February 8, 1859, post, p. 38.
(26) "Captain" P. B. Whannell, the Resident magistrate at Yale.
(27) The Engineers had been left at Hope. They were now to go forward to Yale; while the marines and bluejackets who were at Langley ware to be ordered up to Yale also. Later this request was varied and only the marines were sent up to Yale to aid or relieve the Engineers, as might be thought advisable. SeeLieutenant Mayne's account in his book. "Four Years in British Columbia and Vancouver Island."
(28) As Governor Douglas had on January 8, 1859, reported to Sir E. B. Lytton that Hicks was removed from office some time ago," it to presumed that his absence "upon official business" was to make some explanation of the charges against him. Insomuch as Hicks was not dismissed until February 8, 1859, the removal from office probably means his suspension pending investigation. The meeting mentioned is probably that referred to by Judge Begbie in his letter of January 14, 1859, at which a " multifarious conglomeration of heterogeneous nonsense" had been passed in the shape of resolutions. These Californian miners were fond of passing resolutions.
(29)Hicks was, as appears from both Judge Begbie's and Mr. Brew's investigations, of the very opposite character. See the introduction hereto and the noted appended to his correspondence.
(30) There is a certain amount of truth in the allegations in theis resolution, as is shown by Judge Begbie's letters of January 14 and February 8, 1859. (31) This alludes to the origin of the trouble. Hickson was the police officer at Hill's ba. When he arrived at Yale to obtain, under Magistrate Perrier's warrant. the witness Dickson,whom Catain Whannell had in custody, he himself was arrested and thrown in gaol.
(32) These are the motions referred to in the preceeding letter from Judge Begbie. The "adjectives" have evidently been deleted.

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