Public Offices document.
Minutes (2), Enclosures (untranscribed) (1), Other documents (3).
Berens informs Newcastle that the HBC has virtually agreed to the terms of a Memorandum of Arrangement with the Crown resolving the company's land claims on Vancouver Island. He reports that, having made this sacrifice, the HBC hopes the Crown will come to a Settlement of the still outstanding Colonial accounts without further delay and requests that directions for the implementation of the agreement be sent to the
colony, where doubts as to the Company's titles to the lands sold have been a source of annoyance
and loss.
On the 18th ultimo, Mr Colvile, one of the Directors of
this Company,
addressed a letter to Your Grace, in which he accepted, on behalf of
this Company, Your Grace's suggestion that the question as to the
claims of the Hudson's Bay Company to certain lands in Vancouver's
Island should be referred to Mr Dallas and the Company's Solicitor,
Mr Maynard, on the part of the Company, and to Mr Walcott and any
other Gentleman Your Grace might think fit to appoint on the part of
Her Majesty's Government, and some days afterwards MrColvile received a letter from Mr Chichester Fortescueinforming informing him that
Your Grace had appointed Mr Murdoch and Mr Walcott to act on behalf
of Her Majesty's Government.
Since that period these Gentlemen have had several interviews upon
the subject and have virtually agreed to a Memorandum of Arrangement,
which we understand has been submitted to Your Grace with a
recommendation that the arrangement therein proposed should be
accepted by Her Majesty's Government, and which Mr Dallas and Mr
Maynard, at the request of the Government referees, have submitted
for the consideration of the Governor and Committee of this Company.
I have now the honour of acquainting Your Grace that having consulted
my Colleagues upon this question we have determined (inthe the
expectation that the arrangement will be ratified by Her Majesty's
Government) to accept the terms proposed, and I hereby do so on
behalf of the Hudson's Bay Company. The Board, though feeling that
they have been called upon to make a sacrifice of what they believed
to be the just rights of the Company, have been induced to do so from
a wish to avoid litigation and in the hope that as all other
questions have been amicably arranged, Her Majesty's Government will
be induced to come to a Settlement of the still outstanding Colonial
accounts without further delay—a measure the more necessary—as our
arrangement must be arrived at before the final revocation of the
Grant to the Company.
I, herewith, transmit a Copy of the Memorandum of Arrangement handedto
to us and initialed by Mr Walcott—Your Grace will observe that
there are a few words added in red ink. They were mutually agreed to
by the referees, on both sides, after the Copy transmitted to Your
Grace was sent in, and they do not in any degree alter the original
terms of the Agreement—their only object being to clear up one or
two points which, if left unexplained, might have been liable to
misinterpretation.
I would further venture to suggest to Your Grace that if this
arrangement is to be adopted on the part of Her Majesty's Government,
it would be of great advantage to the Colony that directions should
be given, without delay, for its being carried into execution. The
doubts as to the Company's titles to the lands sold have been asource
source of annoyance and loss to the purchasers, and it would be a
satisfaction to this Company to be able to relieve their minds on
that point as soon as possible.
In conclusion I beg to request that Your Grace will have the goodness
to direct the decision of Her Majesty's Government on this subject to
be communicated to me at as early a date as may suit your Grace's
convenience, in order that the necessary directions may be sent to the
Company's Officers in Vancouver's Island to carry the arrangement
into effect.
I have the honor to be
My Lord Duke
Your Grace's most Obedt Servant H.H. BerensGovr
Minutes by CO staff
The Hudson's Bay Company express their assent to the arrangement
agreed upon by the Referees. We have ascertained by personal inquiry
that Mr Murdoch and Mr Walcott have been parties to the verbal
alternations in red ink. To save time I annex drafts prepared by Mr
H. Irving conveying the acceptance of the arrangement by the
Secretary of State.
The instructions to the Governor will require a little more time, and
can be drafted afterwards.
Elliot to Berens, 18 January 1862, conveying the concurrence of
Newcastle to the proposed conditions, and that advising Murdoch and
Walcott had been authorized to complete the agreement on the terms
of the memorandum enclosed in his letter.
Colonial Office to Murdoch and Walcott, 18 January 1862, forwarding
copy of the letter from Berens and advising that as Newcastle also
accepted the proposed conditions, they were authorized to complete
the agreement.
Draft reply, Newcastle to Douglas, No. 84, 24 January 1862, summarizing at length the events which led to an agreement "between H.M. Govt and the Hudsons Bay Company respecting the Compy claims to Land in Vancouver Island." A copy of the agreement is included.
Minutes by CO staff
Vide 681. As the agreement will no doubt be completed before the
mail goes I have included the suggestions in the E.Crs letter 681 in
this Draft.
Documents enclosed with the main document (not transcribed)
"Memorandum of Arrangement recommended for the final Settlement of
the claims of the Hudson's Bay Company to Lands in Vancouver's Island," no date, as per despatch.