Berens presents Newcastle with the HBC's rebuttal of
Andoe's critique of HBC's compensation claim for costs incurred in the colony of
Vancouver Island prior to its proposed reconveyance from the company to the Crown.
I have the honor to acknowledge receipt of Mr Under Secretary
Elliot's letter of the 29th Ulto. accompanying a copy of the Report
which has been submitted to Her Majesty's Government by Mr Andoe
in reference to the accounts of the Company in connection with the
resumption of the Island of Vancouver by the Crown.
I will now proceed to notice the objections made by that Gentleman to
the Accounts furnished by this Company.
The first item objected to is the sum of £15,123.19.3 for expences
incurredbetween between the first of March 1851 and the 31st of May 1859 as
furnished in a statement made up by Mr Dallas when in the Island of Vancouver. With reference to this amount the principal objection
appears to be that this Company have already delivered an account of
advances covering the greater part of the same period amounting to
£8,505.6.11. In reference to this last account which was forwarded
to the Secretary for the Colonies by Captain Shepherd late Governor
of this Company on the 16th December 1856 Your Grace will find the
account was made up at the request of the Colonial Office in
consequence of a despatch from Governor Douglas in which he stated
that it was not in his power to furnish a statement of the sums
expended on account of couvers Island. In answer to thisapplication
application the account referred to was made up from such materials
as existed in the Company's Office here and the result was furnished
to the Government as requested by them; but it was impossible that
the Officials here could undertake that the Accounts so furnished
embraced all the expenditure properly chargeable to the Colony.
All that they professed to do was at the request of Her Majesty's
Government to furnish the best account in their power. When Mr
Dallas went out to Vancouver's Island in the year 1851 he found that
no proper distinction had been made in the books kept there between
the outlay specially made on behalf of the Colony and that made on
behalf of the Company's Fur Trade; and this led him to investigate
the different accounts and he selectedsuch such items as appeared to him
to be properly chargeable to the Colony which constitute the sum of
£15,123.19.3 the correctness of which is now disputed.
I may observe that in regard to the sum of £4,000 for the services of
the Steamer "Otter" Mr Dallas was not aware that Captain Shepherd in
his letter of the 16th of December 1856 before referred to had
intimated that the Company would not under the circumstances make any
charge for her cost and maintenance, altho' there cannot be any
reasonable doubt as to the Government being properly chargeable with
a considerable sum on account of the services rendered to the Colony
itself by the employment of that Steamer; and in furnishing the
account in question Captn Shepherd's letter was not referred to and
the attentiontherefore therefore of the present Board was not called to what
had passed with him. As however he had adopted the liberal course of
making no charge in respect of the "Otter" the Company now will not
seek to do so.
With regard however to the other items in Mr Dallas' Statement
amounting therefore to £11,123.19.3 I have to submit that they are
all in respect of matters properly chargeable to the Colony. At the
period in question the Government had their own establishment for the
purposes of the Colony the whole cost of which was defrayed by the
Company without reference to the services rendered to the Colony.
Whether the particular amounts put down by Mr Dallas represent the
proper proportion of the outlay incurred by this Company in reference
to the items in question may be a proper subject ofinvestigation investigation;
but I respectfully submit that the new Government cannot expect the
Company to maintain at their own cost the Governor appointed by the
Crown and the other Officers attached to his department and still
less to pay for the entire administration of Justice, the Government
Surveyor &c &c, and I shall be quite willing that this Company shall
now be allowed for the period over which these disbursements extend
at the rate at which the Government are now paying for the same
services since this Company has ceased to make these disbursements.
There will be no difficulty I feel confident in satisfying the
Colonial Authorities that these charges are much less than the
Government would themselves have incurred had they provided the
Establishments, and it is obvious that this Company cannot be
deprived of their right to be allowed them merely because that at the
request of theGovernment Government they upon a former occasion furnished such
accounts as the materials in their hands enabled them to render.
The next item objected to by Mr Andoe is a sum of £2,405.13.10 being
the commission of 10 per cent upon land sales actually made by this
Company and the proceeds of which have been received by the Governor
of the Colony. The fact of his having received them is admitted by
Governor Douglas and it cannot rest with this Company to account to
the Government for the mode in which he may have applied them. The
right to this Commission is distinctly reserved to this Company by
the Grant from the Crown and I really cannot understand upon what
ground the right to make the charge is now impeached.
The Third item objected tois is the sum of £3,712.13.10 for Interest.
I do not understand whether it is intended to be suggested that the
Company are to be allowed no interest upon the large advances made by
them from time to time on account of the Colony. I can hardly
suppose that it is intended to raise such an objection. If any
question arises as to the mode in which the interest is calculated
that may be a fair subject for discussion and this Company will be
prepared to enter upon the investigation in any manner that may be
found convenient.
The last material item objected to by Mr Andoe is the charge made
for the passage of Settlers from this country to the Colony; and as
to this he has misapprehended what are the actual facts. In the
statements originally furnishedto to the Government it was assumed that
of 700 Settlers expected to be sent out to the Colony one half would
be taken up by the Puget's Sound Company and the passage money for
each was charged £23 per head and it was estimated that the wages and
maintenance would amount to £50 per head. The Colony in consequence
was charged with passage money for 350 Settlers which at £23 per head
comes to £8050 and at £50 per head for wages and maintenance to
£17,500 making together £25,000. In the result however it turned out
that instead of the Puget's Company taking over 350 Settlers they
took over only 80. The total number sent out was 631 1/2—two
children being estimated as one adult leaving 551 1/2 chargeable to
the Colony. Their passage money per head at £23 each amounted to
£12,717.5.0; but it was ascertained that instead of the wages and
maintenance amountingto to £50 each the total sum expended on these
accounts was £12,925.9.7 giving a total therefore chargeable to the
Colony of £25,642.14.7; but as in the account already rendered the
amount had been given as £25,550 this Company were then content to
adopt the amount and charge the wages and maintenance therefore at
£12,832.15.0 to make up £25,550 instead of charging as they were and
are now entitled to do the total sum of £25,642.14.0.
I must here observe that a correct list of all the Settlers sent out
is now in this Office and was submitted to the Gentleman who attended
from the Emigration Office to examine the Accounts; and I take the
opportunity of sending herewith a concise statement also submitted to
him shewing the results which I have above detailed.
Your
Your Grace will observe therefore that Mr Andoe is mistaken in
supposing that the number of Settlers as originally assumed was only
350 and consequently that instead of the account last rendered being
in point of charge in excess of the former one the passage money is
precisely at the same rate but a large dimunition is made in the
charge for wages and maintenance the difference arising entirely from
the fact of the estimated number of 350 having proved erroneous from
the circumstance of the Puget's Company not taking over as expected a
like number of 350.
The only other item alluded to by Mr Andoe is a sum of £247.11.11
which he seeks to have disallowed as being the moiety of a sum
charged for interest on the outlay for searching for Coal at Fort
Rupert.
I
I cannot suppose that there is any intention to alter the express
arrangement come to by the Colonial Office that the Company should
forego one half of the sum claimed by them in respect of that outlay.
By this arrangement the Company have already lost one half of a
claim to which I believe they were originally entitled.
I may likewise observe in reference to a remark made in Mr Andoe's
Report, that the delay in settling these accounts arose first from
the introduction into them by the Company of inadmissible items; that
the Company by no means admit that the items introduced by them and
afterwards by their consent withdrawn were such as they might not
reasonably have insisted upon. At the time this discussion first
arose they were desirous of meetingthe the Government in a friendly and
liberal spirit and on that account they did not press all of what
they were then and still are advised is the strict legal effect of
the terms of the Grant; I would take leave in conclusion to express a
hope that this Company will be met by Her Majesty's Government in the
same liberal spirit. No money compensation which they can now
receive will at all indemnify the company for the more serious losses
which they have incurred from having accepted the Grant of the Island
from the Crown under the belief and expectation that neither their
exclusive licence of trade nor the Grant itself would have been put
an end to at so early a period.
Independently of other losses and of the great injury to their
general trade caused by the absorption of the Sum and attention of
their best Officers whose serviceswere were necessarily diverted to the
Colonial business in the first years of the new Government, I must
beg to inform Your Grace that in one transaction alone a dead loss of
£17,000 was incurred which fell entirely upon the Company. This loss
was incurred upon a purchase of provisions, which Mr Douglas
considered himself bound as Her Majesty's only Representative in that
part of the World to make for the support of the Miners flocking into
British Columbia on the first discovery of the Gold Fields. These
purchases were made under the pressure of the moment entirely out of
the funds of the Company and for the loss they incurred the Company
have received no compensation.
I shall merely add that Mr Dallas will be leaving England at theend end
of next week but if your Grace should be of opinion that further
explanation on any of the points above referred to are necessary he
will be glad to hold himself in readiness at any time to meet any
Gentleman you may please to appoint for that purpose.
I have the honor to be
My Lord Duke
Your Grace's most obedient very humble servant H.H. Berens Govr