No. 3
11 January 1861
With reference to your Grace's Despatch No. 48 of the 24th August 1860, acquainting me that the claims of the Hudson's Bay Company to certain lands in British Columbia had beenreferredManuscript image referred, by mutual consent, to the Judicial Committee of the Privy Council, I would beg to submit to Your Grace that in any arrangement which may be come to, a proviso should be inserted to the effect that should any portion of the land confirmed to the Company at any particular spot have been alienated by the Government, an equivalent in land is to be allotted elsewhere.
2. The land claimed by the Company in British Columbia has been reserved as far as was practicableunderManuscript image under the circumstances, but it may be found that some trifling portions have been unavoidably or unintentionally sold, and therefore a provision for such a contingency is necessary to guard against any subsequent controversy and reference.
3. By such a Provision no injustice will be done to the Hudson's Bay Company, for no land actually occupied and possessed by them could be so dealt with, as actual occupation would of course be their security against intrusion, and prevent the alienation to others of whatManuscript imagewhat the Company really required, and therefore the loss of a fractional portion of unoccupied land in one place could be fairly met by the appropriation of an equal portion elsewhere.
I have the honor to be
My Lord Duke
Your Graces most obedient
and humble Servant
James Douglas
Minutes by CO staff
Manuscript image
Mr Elliot
See 7725 and 8130. Refer and Show this despatch to Mr Murdoch.
ABd 7/3
Mr Fortescue
So proceed?
TFE 7/3
CF 8