20 The Fraser River Mines.

T had an intervieew with Lieut.-Gov. Moody®® on the subject a few weeks ago; he then told me that “ what you promised me I should cer- tainly have, which would compensate me for the labourous work I performed.”

I have been waiting here now nearly three months, with great patience and much expense, depending entirely upon you for my lots. I trust, therefore, you will be pleased to confirm me to them.

I have consulted Mr. Kelly a Barrister residing here and others who all consider I am not done fairly by if deprived of the property.

Waiting Your Excellency’s reply I have the honor to be with the greatest respect, Your Most Obt. Servt.

RicHarp Hicks.

SYNOPSIS OF GOVERNOR'S REPLY.

Note.—His Excellency the Gov. has duly received your letter of the 18th inst. upon the subject of the instructions conveyed to Mr. Brew by the Colonial Secretary respecting the Lots which you claim at Fort Yale.

In reply thereto, I have to acquaint you that no record is found of any grant of land having been made to you in May last, nor does His Excellency remember the transaction to which you allude.

However, should any verbal promise have been made to you by His Excellency, such promise will undoubtedly be performed if prac- ticable; but it will be necessary that you adduce the clearest evidence in that behalf, such as the specific act of Mr. Allard in marking out the ground for you under direct instructions from His Excellency in person, or by other proof equally satisfactory. In such case there will be no objection to the land so marked and promised (?) conveyed to you subject to any rights of the Government or to any claims in equity which can be brought by private individuals.

To Mr. R. Hicks.

To Mr. Brew: Enclose copy of this case and copy of my reply for his information and guidance; also have made a copy of this communication and a copy of the reply which will be sent to Col. Moody.

(58) Colonel Richard Clement Moody, commanding the Royal Engineers, and who also held the dormant commission of Lieutenant-Goyernor of British Columbia. Though Moody signed him- self ‘‘ Lieut.-Goy.,’’ the title was improper, as Lytton pointed out to Douglas. See note (87) to Judge Begbie’s correspondence, post, p. 33.