Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Public Offices document
Murdoch, Thomas William Clinton to Rogers, Frederic 30 April 1868, CO 60:34, no. 4448, 167.
Abstract
Public Offices document.
Minutes (7), Other documents (3).
Murdoch discusses British Columbia’s ordinance
for regulating the acquisition of Crown Lands,and
the acquisition of Land by preemption.Murdoch discusses how land is acquired in other British colonies, why preemption was not used or abandoned in British colonies, and the reasons why preemption was selected for British Columbia. Murdoch advises removing the method of preemption in British Columbia. Cox’s minute states that Cox sent
the Report of 1859.Rogers’s minute discusses the extent of Seymour’s powers in making laws and why the land acquisition of preemption should not be used in British Columbia. Minutes by Adderley and Buckingham discuss the importance of keeping British Columbia’s land acquisition method similar to that of the US. Buckingham further minutes instructions for how to send a despatch to Seymour regarding preemption in British Columbia.
Murdoch to Rogers (Permanent Under-Secretary)
I have to acknowledge your letter of 16th inst, with a
Despatch from the Governor of B. Columbia enclosing an Ordinance
passed by the Legislature of that Colony "for regulating the
acquisition of Crown Lands," together with reports on the
Ordinance by the Attorney General and Surveyor General of the Colony.
2. This Ordinance is passed with the object of facilitating the
acquisition of Land by preemption
and extending the power of
so acquiring it to aliens as well as subjects of the British
Crown. Both the Attorney General & the Surveyor General
disapprove many of its provisions—and they are supported by the
Governor, who states that he withheld his assent to it—and that
he cannot recommend it for the favorable consideration of the
Duke of Buckingham & Chandos. The Attorney General points out
in detail the particulars in which the Ordinance appears to him
open to objection. As I presume that it would not be
contemplated to sanction this Ordinance in opposition to the
unanimous opinion of these authorities, it is
unnecessary for me
to recapitulate the objections urged by them.
and extending the power of
so acquiring it to aliens as well as subjects of the British
Crown. Both the Attorney General & the Surveyor General
disapprove many of its provisions—and they are supported by the
Governor, who states that he withheld his assent to it—and that
he cannot recommend it for the favorable consideration of the
Duke of Buckingham & Chandos. The Attorney General points out
in detail the particulars in which the Ordinance appears to him
open to objection. As I presume that it would not be
contemplated to sanction this Ordinance in opposition to the
unanimous opinion of these authorities, it is
unnecessary for me
to recapitulate the objections urged by them.
3. You desire us, however, to report the result of our
experience as to the system of preemption of land in the
Colonies. In reply I have to state that the system of
preemption, as established in British Columbia and the U.
States, does not exist in any other of the British Colonies. In
Colonies where land is held under lease or licence for pastoral
purposes it has been the practice to allow the Lessee or
Licensee a preemptive right, for a limited period, over that
portion of his land which he occupies as his homestead. This
privilege, however, could
only be exercised by immediate payment
of the established upset price of ordinary Land in the Colony—not,
as in B. Columbia, by mere registration until the general survey
of the Colony reaches the preempted land. We are not aware of
any detailed report from any of the Colonies as to the extent to
which the rights of preemption in runs
was taken advantage of, but they were always regarded with
jealousy, as giving the Lessee the means of securing such a hold
upon his run as to make it unavailable to any other person. It
was I presume for
this reason that they have been discontinued
in New South Wales, and not adopted in Queensland or in any
Province of New Zealand except Canterbury. In Victoria the
Governor may permit the occupier of a run to purchase 320 acres
of the land on which his homestead is erected—but the occupier
cannot, apparently, claim the permission as a right.
only be exercised by immediate payment
of the established upset price of ordinary Land in the Colony—not,
as in B. Columbia, by mere registration until the general survey
of the Colony reaches the preempted land. We are not aware of
any detailed report from any of the Colonies as to the extent to
which the rights of preemption in runs
was taken advantage of, but they were always regarded with
jealousy, as giving the Lessee the means of securing such a hold
upon his run as to make it unavailable to any other person. It
was I presume for
this reason that they have been discontinued
in New South Wales, and not adopted in Queensland or in any
Province of New Zealand except Canterbury. In Victoria the
Governor may permit the occupier of a run to purchase 320 acres
of the land on which his homestead is erected—but the occupier
cannot, apparently, claim the permission as a right.
4. The system of preemption has been in operation in B. Columbia
since 1860. When it was first proposed it appeared to me, I
admit, a system pregnant with confusion and inconvenience in
future years, and I thought it right, in a report dated 23rd
Septr 1859, to point out
the objections which occurred to
me. It would I think be interesting to know from the Governor
how it has worked—to what extent Settlers have taken advantage
of it—how far the survey of the Colony has taken in preempted
land—and whether, where this has been the case, any
difficulty has been experienced in obtaining payment for the
land or in settling its boundaries. The system was originally
adopted because it was expected that the influx of population
into B. Columbia would be so rapid that it would be impossible
to survey land fast enough to meet the requirements of the
immigrants.
This expectation has not been realized, and its
disappointment will naturally have tended to reduce the risk of
confusion from the preemption of unsurveyed lands. But it will
at the same time have more than equally reduced the necessity
for the system—and I would therefore submit whether it might
not be advisable that measures should now be adopted for
discontinuing the system, & for adopting in B. Columbia the rule
which is universal in other British Colonies to make survey
precede sale or occupation.
the objections which occurred to
me. It would I think be interesting to know from the Governor
how it has worked—to what extent Settlers have taken advantage
of it—how far the survey of the Colony has taken in preempted
land—and whether, where this has been the case, any
difficulty has been experienced in obtaining payment for the
land or in settling its boundaries. The system was originally
adopted because it was expected that the influx of population
into B. Columbia would be so rapid that it would be impossible
to survey land fast enough to meet the requirements of the
immigrants.
This expectation has not been realized, and its
disappointment will naturally have tended to reduce the risk of
confusion from the preemption of unsurveyed lands. But it will
at the same time have more than equally reduced the necessity
for the system—and I would therefore submit whether it might
not be advisable that measures should now be adopted for
discontinuing the system, & for adopting in B. Columbia the rule
which is universal in other British Colonies to make survey
precede sale or occupation.
Minutes by CO staff
It appears to me that whether preemption is the best
or the worst system, it will be hopeless to maintain in B.
Columbia a system of land selling less inviting to immigrants
than that wh prevails in the U.S.
I should write out as follows, that HG had received No
145 sending the copy of an Act from which he had withheld his
assent & wh he states himself to have reserved. That to
prevent misapprehension it is as well to point out that the O.
in C. from wh Mr S's powers are derived do not give him
the power of reserving a Bill for the signifn of HM, nor
give to HM the power of assenting to such a bill. That the
present bill is sent home without Colonial Seal & his (Mr S's)
Signature wh is prescribed by his Instructions as the mode of giving
his assent; and therefore that as the Ordce does not contain a
suspending clause it is for Mr S. to take the advice of his
L.Os whether having reference to what has in fact
passed (of wh HG is of course uninformed) the Ordce may not
be in legal operation. Point out that much confusion and
correspce wd be saved if Mr S. wd take care that the
exercise of his powers as Govr are in conformity with the
instruments from wh these powers are derived, with wh it is
advisable that he should make himself acquainted. That HG
would be glad to receive returns from the
proper office and a report from the Govr shewing clearly the
working of the present system of land sale, that HG wd desire
to know to what extent settlers had taken advantage of the
preemption system,
to what extent their lands had been surveyed
and granted, to what extent the conditions of settlement by way
of personal residence & improvement had been actually enforced
and whether any difficulty had been found in obtaining payment
for the land occupied & in defining its boundaries.
advisable that he should make himself acquainted. That HG
would be glad to receive returns from the
proper office and a report from the Govr shewing clearly the
working of the present system of land sale, that HG wd desire
to know to what extent settlers had taken advantage of the
preemption system,
to what extent their lands had been surveyed
and granted, to what extent the conditions of settlement by way
of personal residence & improvement had been actually enforced
and whether any difficulty had been found in obtaining payment
for the land occupied & in defining its boundaries.
And I would point out that though the mode of allowing any
immigrant to take what he likes and where he likes is doubtless
that wh will impose least trouble on the Govt Officers for the
time being & will have an appearance of satisfying immigts; yet
that
such a system is obviously calculated to furnish occasion
for future disputes as settlement advances and has been in
fact found to do so in other Colonies. That there are therefore
strong reasons, if the thing can be done, for making Surveys
precede instead of following settlement.
such a system is obviously calculated to furnish occasion
for future disputes as settlement advances and has been in
fact found to do so in other Colonies. That there are therefore
strong reasons, if the thing can be done, for making Surveys
precede instead of following settlement.
FR
4/5
Other documents included in the file
Draft reply, Buckingham to Seymour, Confidential, Cancelled.
Minutes by CO staff
Would it not be better to make this into 2 drafts—one as to
amendments, errors &c to the bill—the other a Confid. or Sep.
respecting the Govrs powers.
I do not clearly understand the position of this Act—or the
Govrs powers in its present state, but I think anything like a
censure or blame on the Govr shd be if possible kept in a
Confidential form.
Other documents included in the file
*
Draft reply, Buckingham to Seymour, Confidential, 12 May 1868 requesting reports on the land acquisition method of preemption and suggesting that
surveys should precede any type of settlement in British Columbia.
Minutes by CO staff
This is broken into two dphes in conformity with HG's Minute.
Other documents included in the file
*
Draft reply, Buckingham to Seymour, No. 26, 12 May 1868 discussing the extent of Seymour’s powers as governor and requesting Seymour to conform to “the Letters Patent and other Instruments” from which Seymour’s powers are derived.