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Our History: Immigrant helped shape early sa国际传媒

Peter O鈥橰eilly landed in Victoria in early 1859 during the height of the Fraser River gold rush. Though he鈥檇 been reluctant to leave Ireland, he flourished in sa国际传媒, and played a critical role in shaping British Columbia.
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Peter OÍReilly (left) made a name for himself in British Columbia, becoming a county court judge. Here he poses with fellow county court judge Henry Ball (right) and Chief Justice Matthew Baillie Begbie (centre). Image A-01102 courtesy of the Royal BC Museum and Archives.

Peter O鈥橰eilly landed in Victoria in early 1859 during the height of the Fraser River gold rush. Though he鈥檇 been reluctant to leave Ireland, he flourished in sa国际传媒, and played a critical role in shaping British Columbia. He made his mark as a gold commissioner, assistant land commissioner, county court judge and Indian Reserve commissioner. In her book, Kamloops author Lynne Stonier-Newman provides a glimpse into his personal life, including his relationships with other notable historic sa国际传媒 figures.

Shortly after Peter O鈥橰eilly returned to New Westminster, he dined with Dr. Powell and Begbie, who were concerned about how depressed he was. After they had extended their sympathies over his and Carry鈥檚 losses again, Powell, still the Superintendent of Indian Affairs for British Columbia, asked, 鈥淒o you believe the joint commission will work? Or do you find it as fraught with potential problems as I do?鈥

When O鈥橰eilly looked puzzled, Sir Matthew explained that Ottawa had just announced that the Joint Indian Reserve Commission for sa国际传媒, initially created the previous spring after the 1876 Indian Act had been passed, was to proceed. 鈥淭he three commissioners are to begin sorting out the land and water problems between the settlers and Indians next month.鈥

The members were A.C. Anderson, to represent sa国际传媒鈥檚 interests, and Archibald McKinley, to look after sa国际传媒鈥檚, while Gilbert Sproat was the joint appointee. Anderson had most recently been the federal fishery inspector for sa国际传媒 while McKinley had held several official positions in sa国际传媒 and was respected for his extensive knowledge of the Indians on both the mainland and the island. Sproat had been sa国际传媒鈥檚 first agent-general, responsible for promoting immigration.

The commission had been stalled for months, due to a dispute between the governments of sa国际传媒 and sa国际传媒 McKinley had been instructed by the sa国际传媒 government that as their representative, he was 鈥渢o ensure no unnecessary large reserves were apportioned.鈥 sa国际传媒鈥檚 government had informed the sa国际传媒 legislators that that was not feasible and they replied that the Joint Indian Reserve Commission for sa国际传媒 could not proceed until it was. The federal ministers remained adamant that the formula for acreages assigned to Indian bands in one province was to be used to size the reserves in all provinces, including sa国际传媒

Finally, sa国际传媒鈥檚 minister of justice had issued a proclamation excluding the Indian lands and reserves in the province of sa国际传媒 from the operation of the Indian Act.

鈥淚 was sure the commission would be cancelled,鈥 Powell admitted. 鈥淎nd most surprised when I received notice from Ottawa that it would begin this spring. What a change of policy! Probably it will have long-term consequences.鈥

鈥淚 agree,鈥 Begbie interjected. 鈥淎llowing sa国际传媒鈥檚 reservations to differ in size from those elsewhere in the Dominion is a fundamental revision.鈥

O鈥橰eilly was astounded. 鈥淒o you mean that sa国际传媒 does not have to conform to the 鈥楽鈥 section of the Indian Act?鈥

鈥淭hat鈥檚 correct,鈥 Dr. Powell said. 鈥淗owever, the consequence is that establishing the acreages for sa国际传媒鈥檚 reserves becomes unclear. It鈥檚 no longer shaped by Canadian law.鈥

Begbie forecast that the exemption for sa国际传媒 would make it challenging for the commissioners. 鈥淎lthough each of them is well-qualified, agreeing what to assign will create ongoing disputes.鈥

鈥淚t will be hard for the commissioners to function.鈥 O鈥橰eilly wondered whether Joe鈥檚 old ten acres per family would be used. 鈥淢aybe all the boundaries I set won鈥檛 have to be revised.鈥

Powell chuckled, said that he didn鈥檛 know how the reserve acreages would be set and changed the subject. He asked if either Begbie or O鈥橰eilly had encountered James Lenihan, the Dominion government鈥檚 new census taker for sa国际传媒 Indians, who had not reported in as expected. The man had planned to begin his task somewhere in Burrard Inlet and was to record in detail how many people 鈥 adults, youth and children, male and female 鈥 lived on all the reserves. He was also to count the houses, barns, stables, cattle, oxen, horses, pigs, fowl, ploughs, harnesses, scythes and corn mills that each Indian family owned as well as to note each individual鈥檚 occupation and his or her ability to speak English.

鈥淓nglish? Why? What about their own languages?鈥 Begbie asked, his annoyance showing.

Powell bristled. 鈥淪ir Matthew, I did not set the census questions. In fact, I was not informed it was under way until Lenihan came with his instruction from Ottawa.鈥

Begbie refilled the wine goblets. 鈥淚鈥檓 afraid the Indian situation is going to deteriorate. For instance, the Okanagan and Shuswap tribes are traditional enemies, yet I keep hearing about them meeting in large gatherings. Jointly, they would be able to drive off all us whites, at least temporarily.鈥

They all thought that the Dominion鈥檚 Indian Superintendent General, L.P. VanKoughnet, was ill-informed about British Columbia and had questioned whether one system could work for all of sa国际传媒鈥檚 aboriginals, as it did not factor in the differences between each area鈥檚 climate and terrain.

鈥ive years later鈥

While the women chatted, O鈥橰eilly was working in his home office, completing the paperwork from the previous season. After Sarah left, he told Carry that he鈥檇 completed his reports for how he鈥檇 set up or revised reserves in the Cariboo, Thompson and in most of the Fraser districts.

In the reports, he acknowledged that former commissioner Sproat had done a lot of work there, dividing land into four categories: reserves with permanent boundaries; reserves with indefinite boundaries assigned during colonial times by assistant sa国际传媒 land commissioners or Royal Engineers; commonages which were joint grazing lands to be shared with another tribe or with nearby settlers; and temporary reserves, which were those which Sproat had found basically unsuitable. They either lacked adequate water or the land was not useful for agriculture or grazing, but it had been assigned because of being 鈥渁ll that was currently available.鈥

O鈥橰eilly usually confirmed the boundaries that Sproat had designated for permanent reserves, but he found the other categories difficult to work around, particularly in the Thompson and Fraser canyons. The railway right-of-way often interfered with lands assigned to Indians. As well, sections of the Cariboo Road had collapsed and needed replacing, and other portions needed to be moved to make room for the track. That was unsettling for everyone but frequently devastating for the native residents who could be cut off by a slide caused by the construction, or have their reserve鈥檚 boundaries moved again.

As O鈥橰eilly pointed out to Joe Trutch, who was often in Yale and met with him regularly, those Indians had been affected by white men鈥檚 activities repeatedly over the past two decades. The gold rush and the building of the wagon road had often intruded into their lands and their fishing areas.

Joe agreed but said the construction had to take precedence over those concerns, whether it was a hindrance to Indians or settlers. 鈥淭he railway will create permanent change to this land 鈥 think how a train passing through a landscape dominates it. And think of the numbers of people and quantities of supplies it can deliver in one fell swoop. Quite a different effect from a stagecoach or pack train.鈥

O鈥橰eilly thought about Joe鈥檚 statement often that winter while he tried to set boundaries for adequate reserves and accommodate the pre-emptors and the railway. His task was quite overwhelming as he understood more about what being the Dominion鈥檚 sa国际传媒 Indian Reserve Lands commissioner involved. Answering the questions from all the Canadian and British Columbian officials using his reports often became onerous for him.

Excerpted from Peter O鈥橰eilly: The Rise of a Reluctant Immigrant, TouchWood Editions 漏2010 Lynne Stonier-Newman