Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Despatch to London
Douglas, James to Pelham-Clinton, Henry Pelham Fiennes 11 January 1861, CO 60:10, no. 2041, 8.
Abstract
Despatch to London.
Minutes (3).
Douglas warns Newcastle that some
trifling portionsof the land claimed by the HBC on Vancouver Island during negotiations for the reconveyance of the island from the company to the Crown may have been
unavoidably or unintentionally sold,and recommends that the HBC be compensated by the grant of
equivalentland elsewhere in the colony.
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
beenreferred
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.
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 practicableunder
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.
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 what
what 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.
what 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.