Tennent writes to Merivale on the subject of HBC land-rights on Vancouver Island, in light of the recent US Reciprocity Treaty.Tennent points to a distinct recommendation in the HBC grant: that Fisheries should be reserved to the Crown.
Office of Committee of Privy Council for Trade,
Whitehall,
17th August 1855
Sir,
I am directed by the Lords of the Committee of Privy Council for
Trade, to acknowledge the receipt of your letter of the 10th Instant,
adverting to the fact that in the Charter of Grant by which certain
rights over the Island of Vancouver, were conveyed to the Hudsons Bay
Company in 1849, no mention is made of the Fisheries—and enquiring by
direction of the Secretary of State for the Colonies, whether in the
opinion of their Lordships the rights of thatCompany Company present any
obstacle to the extension of the advantages of the Reciprocity Treaty
recently concluded with the United States to the Colony in question in
accordance with the wishes expressed by the Inhabitants.
In reply I am to request that you will inform Secretary Sir William
Molesworth that the objection suggested by this Board to the proposition
of the American Government to include the Coast of the Pacific in the
treaty then under negotiation to which you refer, appears to have been
made under an apprehension that the Grant of the Island of Vancouver to
the Hudsons Bay Companymade made in 1848 rendered it doubtful how far it was
competent to the Crown to deal with the Fisheries of the Island in the
manner proposed.
Upon reference however to the Report of this Committee to the Queen
in Council in October 1848, upon the Charter of Grant in question; it
will be seen that it contains a distinct recommendation that the
Fisheries should be reserved to the Crown, a recommendation which was
made in anticipation that if they were included in the Grant such a
measure might be found at some future time to interfere injuriously with
the interests of the Colonists.
The
The Charter of Grant is framed in accordance with this
recommendation and under these circumstances My Lords see no objection
upon this ground to a compliance with the desire of the Colonists.
I have the honor to be, Sir,
Your most obedient Servant,
J. Emerson Tennent