I am directed by the Lord President of the Council to
transmit to you in original two petitions addressed to Her
Majesty in Council by the Governor and Adventurers of the
Hudson's Bay Company humbly praying that Her Majesty will
be pleased to refer the consideration of the
justice
justice or
injustice of their claims to certain territories in North
America, of which they allege that they have been dispossessed
by the Officers of the Crown to the Judicial Committee of the
Privy Council; and I am to request that you will move His
Grace the Duke of Newcastle to inform the Lord President
whether it appears to His Grace to be expedient that such
reference of these petitions to the Judicial Committee of the
Privy Council should be made by Her Majesty.
If
If any practical result would ensue from a more accurate
determination of the legal rights of the Hudson's Bay
Company in North America, it appears to the Lord President
that such legal questions might with propriety be argued
before the Judicial Committee and reported on by that Committee
to the Queen, but as the concurrence of the Executive Government
is indispensable to give effect to any opinion which might be
expressed
expressed by the Lords of the Judicial Committee, His Lordship
is of opinion that no such reference ought to be made except
with the concurrence of His Grace the Secretary of State for
the Colonial Department.
The enclosed petitions being transmitted in original I am
to request that you will have the goodness to return them,
and as a Council will be held by Her Majesty on Saturday the
30th instant I am further
to
to request that you will favour
me with an answer before that day.
Mr Elliot
Return the Petitions signifying, at the same time, the
concurrence of the Duke of Newcastle, in the proposed
reference of them to the Judicial Committee of the Privy Council.