No. 67
Downing Street
23 August 1861
Sir,
I have received your despatch No. 34 of the 7th May last, transmitting a Memorial addressed to me by the Revd. E. Cridge praying for the fulfilment of the agreement with the Hudson's Bay Company under which he was appointed Minister of Victoria, and also for
the
the conveyance in trust of a portion of land near the Victoria Church known as the Church Reserve. I now transmit to you a copy of a letter from the Hudson's Bay which encloses a Memorial upon this subject from Mr. Cridge, and a letter from the Bishop of Columbia recommending the memorial to the favorable consideration of the Company.  
After a careful perusal of these documents I am of opinion that the site of the Church ought clearly to be conveyed
to
to such Trustees for the Church of England, as may be agreed upon by the Bishop and yourself, and I see no obligation to a similar conveyance to Trustees of the Parsonage and Glebe for the use of the Incumbent if local circumstances present no obstacle to that course. I must however remind you that in case such a conveyance is made, great care should be taken that the questions pending between the Hudson's Bay Company and Her Majesty's Government
respecting
respecting the ownership of land in Victoria are in no way prejudiced.  
With reference to that part of the letter from the Hudson's Bay Company which relates to the conveyance to the Church of England exclusively of the Cemetery which hitherto has been used indifferently by all communities of Christian, I have to observe that the Cemetery should on no account be so disposed of as to interfere with the burial therein of persons of all religious persuasions
or
or to render the mode of burying such persons in any way dependent upon the Authorities of the Church of England. If however the members of the Church desire a part of the Cemetery to be consecrated and appropriated to the use of their Communion, I see no objection to a conveyance of part of it to Trustees for this purpose.  
You will inform Mr. Cridge, with regard to the removal of his engagement with the Hudsons Bay Company,
that
that as it rested entirely with the Legislature of VanCouvers Island to provide the necessary funds for the purpose, and as they have declined to do so, I regret that it is not in my power to comply with his request.  
I have caused a copy of this despatch to be sent to the Hudsons Bay Company, with the suggestion that such instruction or authority should be given to their Agents as would render it practicable with
your
your concurrence to adopt the course which I have pointed out—I annex a copy of the answer which I have received.  
I have the honor to be
Sir,
Your most obedient
humble servant
Newcastle
Documents enclosed with the main document (not transcribed)
  • Copy, H.H. Berens to Newcastle, 22 August 1861, agreeing to transfer title of the church reserve to trustees of the Church of England.  
  • Copy, Berens to Newcastle, 22 July 1861, agreeing to execute a conveyance of the church reserve and asking how it should be done.  
  • Copy, Edward Cridge, Rector of Christ Church, Victoria, to Governor and Committee, Hudson's Bay Company, seeking deed to church reserve so the "Church & burial ground may be consecrated & the land be available for the purpose for which it was set apart."  
  • Bishop of Columbia to Berens, 15 May 1861, urging that specific reserves of land be conveyed to the church in trust.  
 
Despatch from London:
Newcastle to Douglas, 23 August 1861, Libraries and Archives Canada, LAC, RG7, G8C/2. The Colonial Despatches of Vancouver Island and British Columbia 1846-1871. Ed. James Hendrickson and the Colonial Despatches project. Victoria: University of Victoria. http://bcgenesis.uvic.ca/getDoc.htm?id=V617067.scx. Accessed 21 November 2017. 

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