I have to acknowledge your letter of 7th instant, with one from the
Hudsons Bay Co on the subject of the recent Agreement between the
Company and H.M. Government relative to land in the City of VictoriaVan Couvers Island.
2. By that Agreement it was stipulated that all unsold land in
Victoria should revert to the Crown, except 50 Acres to be selected
by the Company South of James' Bay. In transmitting the Agreement to
Governor Douglas he was directed by the Duke of Newcastle to reserve
out of the lands to be surrendered a site for barracks. He answered
that in fact after the selection of the 50 Acres above referred to by
the Company there would remain no land to be surrendered to the
Crown, and he intimated that Mr Dallas had taken a skilful advantage
of his local knowledge to mislead the Government into the supposition
that they were recovering for the Crown a considerable extent of Land,
whereas they were in reality giving up to the Company what the Crown
was before entitled to.
3. This despatch was communicated to the Hudsons Bay Co. In his
answer Mr Berens makes no allusion to the deception said to have
been practised by Mr Dallas, but expressed the anxiety of the
Company to carry the Agreement into operation as quickly as possible,
and discusses a question that has arisen in the Island between the
Local Government and the Company's Agent, as to the site to be
surrendered for a Harbour Masters Office. In that question the Duke
of Newcastle will probably not desire to enter before receiving a
report from the Governor, and if so I would submit that Mr Beren's
letter should be transmitted to Governor Douglas and that Mr Berens should be informed of his Grace's decision.
4. Mr Berens offers to furnish copies of the plans of the Land to
be surrendered which had been forwarded to the Colonial Secretary by
the Company's Agent. If no copies of these plans have been received
at the Colonial Office (as I suppose is the case) his offer should, I
presume, be accepted [marginal note: None have been received]. They
may probably show how far Governor Douglas is justified in stating
that the Government had been overreached by Mr Dallas.
5. Mr Berens likewise suggests that the reconveyance of the whole
Island and of the Land at Victoria should be comprized as a single
instrument and that with a view to its preparation and execution in
this country instructions should be sent to the Governor to forward a
plan of the Island showing the portions of it to be excepted from the
reconveyance. He states that very pressing instructions to this
effect have been sent by the Company to their Agent. I presume that
the Duke of Newcastle will issue the instructions suggested to the
Governor, but to prevent the difficulty and delay which would arise
from discrepancies between the Maps sent home by the Governor and the
Companys Agent it would be very desirable that those officers should
communicate with each other on the spot—and agree on the exact
extent of the reservations to be made and the manner in which they
should be described in the reconveyance.
I have the honor to be
Sir
Your Obedient
Humble Servant T.W.C. Murdoch
I suppose that Mr Murdoch's advice will be likely to be followed.
As the mail goes tomorrow, I have thought that it may be best to
forward with Mr Murdoch's report, for consideration, the draft of a
despatch executing it's suggestions.
Colonial Office to H.H. Berens, Hudson's Bay Company, 15 November
1862, responding to the contents of his recent letter and observing
that no comment had been made on the charge by Douglas that Dallas
had "led the Government of this country into error on the extent of
land which the Crown would recover by the Agreement
relative to lands in the City of Victoria."
Elliot to Emigration Commissioners, 18 November 1862, forwarding
copies of a despatch sent to Douglas and a letter sent to the
Hudson's Bay Company relative to their report.
Draft reply, Newcastle to Douglas, No. 121, 15 November 1862,
informing him that Newcastle shared Douglas's earlier despatch concerning ongoing negotiations between the
government and the HBC regarding land in Victoria with the HBC,
forwarding the company's response, and addressing a number of outstanding points of
contention between the two parties.