Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Public Offices document
Bethell, Richard and Atherton, William to Pelham-Clinton, Henry Pelham Fiennes 24 January 1860, CO 305:15, no. 824, 338.
Abstract
Public Offices document.
Minutes (4), Other documents (2).
Bethell and Atherton offer Newcastle a legal opinion regarding
control of public lands
and the revenue derivable therefrom,following
the repurchase of the soil from the Hudson's Bay Company.
Bethell and Atherton to Newcastle
Lincolns Inn
24 January 1860
We were honored with Your Graces commands signified in Mr Merivale's
letter of the 31st December ulto stating that he was directed by
Your Grace to request that we would favor you with our opinion on the
following question.
Whether, on the repurchase of the soil from the Hudson's Bay Company
being effected, the public lands of the Colony, and the revenue
arising therefrom, will be at the disposal of the Legislature (the
title to the lands of course remaining
remaining vested in the Crown) under its
general powers?
remaining vested in the Crown) under its
general powers?
Or, whether the public lands will be subject to the management of the
Crown, and the revenue derivable therefrom at the disposal of the
Crown, as a separate fund from the ordinary revenue of the Colony?
In obedience to such commands we have taken the above question into
consideration and have the honor to Report
That, on the repurchase of the soil from the Hudson's Bay Company by
the Crown being effected, the public lands of the Colony and the
revenue arising therefrom, will not be
be at the disposal of the
Legislature, under its general powers: but that such Lands will be
subject to the management of the Crown; and the revenue derivable
therefrom at the disposal of the Crown, as a separate fund from the
ordinary revenue of the Colony.
be at the disposal of the
Legislature, under its general powers: but that such Lands will be
subject to the management of the Crown; and the revenue derivable
therefrom at the disposal of the Crown, as a separate fund from the
ordinary revenue of the Colony.
Minutes by CO staff
Duke of Newcastle
I think the minutes out of which this letter arose are on papers already with you on the subject of the alleged private land of the H.B.Co. But I remember that the opinion was taken for General Guidance, & not with a view to any pressing emergency, as indeed the land is not ours yet, the repurchase not having been effected. I think there is an address, unanswered, from the Assembly of Vanc. I. touching the control over these lands: this shall be seen to by & by.
I think the minutes out of which this letter arose are on papers already with you on the subject of the alleged private land of the H.B.Co. But I remember that the opinion was taken for General Guidance, & not with a view to any pressing emergency, as indeed the land is not ours yet, the repurchase not having been effected. I think there is an address, unanswered, from the Assembly of Vanc. I. touching the control over these lands: this shall be seen to by & by.
In the mean time the opinion is of importance as shewing the rights
of the Crown: but it will deserve attentive
consideration, when the time arrives, whether it is best to maintain
those rights, or to allow the practical control to be exercised by
the Legislature.
HM
Jan 25
I pass today the papers in question which accompany a draft to the
Law Officers by Mr Merivale.
A Letter of date 23d from H.B. Company accompanies this but
without minute.
N
26
Land Bd for information at once.
HM
Jan 26
I should now propose to make this known, confidentially, to the
Governor. Dt annexed.
HM
F 18
Other documents included in the file
Draft,
Merivale to Emigration Commissioners, 1 February 1860, forwarding
copy of the report from the law officers.