Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Public Offices document
Berens, Henry Hulse to Lytton, Edward George Earle Bulwer 12 October 1858, CO 60:2, no. 10424, 164.
Abstract
Public Offices document.
Minutes (3), Other documents (2), Marginalia (2).
Berens advocates for the HBC rights to land along the Fraser River. He complains that
proverbially unscrupulousminers have been stealing from HBC farms which previously did not require fencing.
The minutes acknowledge that
the local Government should afford every protection in its power to the property of the Hudson’s Bay Company in British Columbia.
Berens to Lytton
I now avail myself of your permission to address Her Majesty's
Government upon the subject of the possessions of the Hudson's Bay
Company around their Forts in British Columbia which were occupied by
them long before the influx of Miners into that district.
Up to the period of the Treaty between this Country and the United
States in 1846; the Hudson's Bay Company carried on their trade and
intercourse throughout the Interior of that vast Continent by way of
the Columbia River, when however the Country South of the 49th
parallelof
of Latitude and consequently both the shores of the Columbia
River, were ceded to the United States, the Company foresaw that
difficulties might arise, and expences be incurred, by navigating the
waters of a Foreign Power, although the Free Navigation was confirmed to
them; they therefore endeavoured to find another route through British
Territory, and commenced their operations of Discovery from Fort Langley,
a Post on Fraser's River which had long previously been
established.
After much trouble, danger, and expence, they completed their exploration
by the route of Fraser's River which has since been adopted as the way of
communication throughout the Interior of the Country, and to Hudson's
Bay.
of Latitude and consequently both the shores of the Columbia
River, were ceded to the United States, the Company foresaw that
difficulties might arise, and expences be incurred, by navigating the
waters of a Foreign Power, although the Free Navigation was confirmed to
them; they therefore endeavoured to find another route through British
Territory, and commenced their operations of Discovery from Fort Langley,
a Post on Fraser's River which had long previously been
established.
Fort Langley long previously established. [TFE]
As all the communication was carried on by small boats, and horses,
it became necessary toestablish
establish relays of Posts where the Brigade could
find provisions and supplies, and further, where the large Bands of
Horses could be foddered and pastured.
establish relays of Posts where the Brigade could
find provisions and supplies, and further, where the large Bands of
Horses could be foddered and pastured.
The Officers of the Company fixed therefore upon those spots which
were most convenient for their purpose, and in order to render each Post
as far as possible selfsupporting and independent of imported provisions,
a certain quantity of land was squatted upon for the purpose of raising
potatoes and grain, and also for pasturing and foddering the Cattle.
The Company did not fence off this land as there were no neighbours to
fence against, but now that so large an influx of strangers is taking
place, of a class proverbially unscrupulous, it becomes necessary to
guard against the infringement of theCompany's
Company's property, and I would
request Her Majesty's Government through your Kind intervention to
instruct Governor Douglas that he should take a liberal view of these
possessions, and define their extent, taking as his basis the land
occupied and pastured by the cattle of the Company before the influx of
the Miners into that
Country.
Company's property, and I would
request Her Majesty's Government through your Kind intervention to
instruct Governor Douglas that he should take a liberal view of these
possessions, and define their extent, taking as his basis the land
occupied and pastured by the cattle of the Company before the influx of
the Miners into that
Country.
This may be a vast area. [TFE]
The Company possess the same title to these lands that they do to
those in Oregon, which title has been fully recognized by Her Majesty's
Government, and by the Government of the United States by the Treaty of
1846, and which will of course be recognized in the present instance.
Minutes by CO staff
Mr Elliot
It seems to me only right that the local Government should afford every protection in its power to the property of the Hudson's Bay Company in British Columbia; though I should have a little doubted whether the Government is bound to recognize their claim to the fee simple of "the lands occupied and pastured" by their servants round the Posts or Forts simply because they "squatted" thereon. The squatting, however, was an act of necessity—and the only means the occupants of the Posts had of supporting themselves. So I suppose there is no alternative but to concede their claim to possession. They refer to the course taken with their lands in Oregon when the Treaty of 1846 was negociated. The course then adopted was to confirm them in their farms, lands and other
property. Considering the liberality
of the Hudsons Bay Company and their readiness to fall into the views
of H.M. Government on most occasions, the British Government can
scarcely treat them with a less measure of liberality in British
Columbia than they have received on American Territory. And therefore
I should write to the Governor as requested, and acquaint the
Company accordingly.
It seems to me only right that the local Government should afford every protection in its power to the property of the Hudson's Bay Company in British Columbia; though I should have a little doubted whether the Government is bound to recognize their claim to the fee simple of "the lands occupied and pastured" by their servants round the Posts or Forts simply because they "squatted" thereon. The squatting, however, was an act of necessity—and the only means the occupants of the Posts had of supporting themselves. So I suppose there is no alternative but to concede their claim to possession. They refer to the course taken with their lands in Oregon when the Treaty of 1846 was negociated. The course then adopted was to confirm them in their farms, lands and other
property. Considering the liberality
of the Hudsons Bay Company and their readiness to fall into the views
of H.M. Government on most occasions, the British Government can
scarcely treat them with a less measure of liberality in British
Columbia than they have received on American Territory. And therefore
I should write to the Governor as requested, and acquaint the
Company accordingly.
ABd
20 Octr
Lord Carnarvon
I pass this for your consideration. But a claim, on the ground of having squatted, to an absolute property in all the land occupied & pastured by Cattle, does seem one of which the admission might affect a much larger area, and entail further consequences, than could at first be anticipated. No two cases are exactly alike, but still the warning of experience on this matter inAustralia
Australia is not to be
overlooked.
I pass this for your consideration. But a claim, on the ground of having squatted, to an absolute property in all the land occupied & pastured by Cattle, does seem one of which the admission might affect a much larger area, and entail further consequences, than could at first be anticipated. No two cases are exactly alike, but still the warning of experience on this matter inAustralia
Australia is not to be
overlooked.
TFE
25 Oct
This has apparently by some accident been mislaid for I have not
seen it until within the last two days. I annex two drafts wh I
think will be on the whole the safest way of dealing with the question.
If they are approved the Desp. to Govr Douglas sd go by Tuesday's
Mail.
C
Nov 13
Other documents included in the file
