Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Public Offices document
Murdoch, Thomas William Clinton to Elliot, Thomas Frederick 23 November 1867, CO 60:30, no. 11566, 227.
Abstract
Public Offices document.
Minutes (5), Enclosures (untranscribed) (2), Other documents (1).
Murdoch discusses Lot Z, a portion of land the Hudson’s Bay Company sold that is associated
with the sale of a portion of Beacon Hill Park, and how the issue of Lot Z was concluded with the Hudson’s Bay Company. Cox’s minute describes the previous correspondence regarding Lot Z and two other Hudson’s
Bay Company land sales, and why there were questions regarding Lot Z. Minutes by Rogers and Cox discuss despatches by Cardwell regarding Lot Z. Rogers’s further minute discusses how to proceed regarding Lot Z and its impact on
the Deed of Reconveyance of V.C.I.Included documents describe correspondence regarding the land dispute between the Hudson’s Bay Company and the Emigration Commissioner.
Murdoch to Elliot (Assistant Under-Secretary)
I have to acknowledge your letter of 8th inst, with a
despatch from the Governor of B. Columbia on the subject of certain
land in dispute between the Government of the Colony and the Hudsons
Bay Co.
2. This land consists of two lots—one known as lot Z, the
other a small portion of the Beacon Hill Park. In respect to lot Z,
although the Governor treats it as still open to consideration, the
question is in fact closed. Upon this point I
would beg to
refer to my report of 18th Decr 1866—and your answer of 2nd
Janry last. In respect to the portion of Beacon Hill Park, it
will be remembered that the land had been cut off from the Park by an
error in running the boundary and had been sold by the Hudsons Bay
Co. I submitted that under these circumstances the price obtained
for this land, which was said to be $1700, ought to be repaid by the
Hudsons Bay Co to the public. This suggestion was approved by the
Earl of Carnarvon and accepted by the Hudsons Bay Co who only
stipulated that the amount to be repaid, not exceeding
$1700, should
be determined by us. The Governor was in consequence requested to
furnish the necessary information to enable us to settle the
claim—and he does so in his despatch of the 24 Septr.
would beg to
refer to my report of 18th Decr 1866—and your answer of 2nd
Janry last. In respect to the portion of Beacon Hill Park, it
will be remembered that the land had been cut off from the Park by an
error in running the boundary and had been sold by the Hudsons Bay
Co. I submitted that under these circumstances the price obtained
for this land, which was said to be $1700, ought to be repaid by the
Hudsons Bay Co to the public. This suggestion was approved by the
Earl of Carnarvon and accepted by the Hudsons Bay Co who only
stipulated that the amount to be repaid, not exceeding
$1700, should
be determined by us. The Governor was in consequence requested to
furnish the necessary information to enable us to settle the
claim—and he does so in his despatch of the 24 Septr.
3. He states that the extent of land cut off from the Park was
5 1/4 Acres of an average value of $400 an Acre—but that the claim
of the Colony would be fairly satisfied by a payment of $1700. The
way in which he arrives at this result is explained in the letters
from the Colonial Secretary and the Acting Surveyor General which
accompany his despatch. The actual price of the land at $400 an
acre would of course be $2100 but it is
proposed to deduct from that
sum $400 for a narrow strip of land marked on a sketch which
accompanies the Surveyor General's letter, which it is desired to add
to the Park. As this seemed a fair arrangement we proposed it to
the Hudsons Bay Co and they informed us in answer that they accept
it, and that the necessary instructions will be sent to their Agent
by the next mail. To prevent the possibility of mistake I enclose a
copy of the letter which we addressed to them on the subject and of
their answer, which I would submit should be communicated to
the
Governor.
proposed to deduct from that
sum $400 for a narrow strip of land marked on a sketch which
accompanies the Surveyor General's letter, which it is desired to add
to the Park. As this seemed a fair arrangement we proposed it to
the Hudsons Bay Co and they informed us in answer that they accept
it, and that the necessary instructions will be sent to their Agent
by the next mail. To prevent the possibility of mistake I enclose a
copy of the letter which we addressed to them on the subject and of
their answer, which I would submit should be communicated to
the
Governor.
4. I infer from the Governor's despatch that he has not been
informed of the decision of the Earl of Carnarvon in regard to lot
Z. If so I presume that the present opportunity would be taken
for explaining that decision to him.
Minutes by CO staff
Sir F. Rogers
In a despatch dated 26 Oct 1866 the Govr of Vancouver Island called attention to three points arising out of the reconveyance of that Island to the Crown by the Hudson Bay Cy. .off 1. the sale of a portion of Beacon Hill Park. .off 2. Sale of a portion of the foreshore on the South side of James Bay. .off 3. Sale of the herein mentioned lot Z. .off end
In a despatch dated 26 Oct 1866 the Govr of Vancouver Island called attention to three points arising out of the reconveyance of that Island to the Crown by the Hudson Bay Cy. .off 1. the sale of a portion of Beacon Hill Park. .off 2. Sale of a portion of the foreshore on the South side of James Bay. .off 3. Sale of the herein mentioned lot Z. .off end
As regards the 1st the land on Beacon Hill the L & E Comrs,
to whom the Govrs despatch was referred, recommended that the
Company should be requested to refund the amount they recd
for the Land.
2nd as regards the foreshore sale they were of opinion
that the sale could not be contested,
as recommended by the
Committee of Board of Officers in the Island.
as recommended by the
Committee of Board of Officers in the Island.
3rd as regards lot Z the Commrs were also of opinion that
the sale by the Cy could not be contested, & they therefore
recommended that the money to be recd from the Cy for Beacon
Hill should be spent in purchasing lot Z.
The Cy consented to refund for Beacon Hill, but as the
Comrs had not sufficient information to enable them to fix the
amount, a further reference was made to the Colony.
That information has been supplied the Cy have consented to
pay back $1700
& have instructed their Agent in the Colony to make
that payment.
& have instructed their Agent in the Colony to make
that payment.
On this point it is only necessary to inform the Govr in
answer to his despatch 10835 what has been done.
In his despatch the Govr called attention to the question of
lot Z, as regards which he had recd no instructions. He must
therefore be informed that there is no claim agt the Cy for this
sale—but it is also necessary to consider & decide what instructions
should be given for its repurchase.
As to the foreshore sale I suppose the Govr must also be told
that the sale by the Cy was a valid one.
CC
6 Dec 67
I should like to see Mr Cardwell's dphes No 39, 14 Aug 65
and No 16 of 26 April 1866—wh I think must deal with Lot Z and
the foreshore.
FR
6/12
I send you the two despatches you asked for—that of 14 Aug 1865
deals with lot Z as shown in the Comrs Report 11971—by saying that
the sale could not be impeached. The Bd of Officers appeal agt
the decision—& it is on that appeal that Govr Seymour says he has
recd no instructions. The Gov. shd therefore I think be told
the question has been already decided & cannot be reopened.
CC
7/12
Mr Adderley
Enclose EC's report from wh the Govr will learn that the HBC have given orders to pay 1700$ to the Colonial Govt for the Land sold in error and to reconvey the small strip of land referred to by the E.C. State that
Mr Cardwell's decision respecting lot Z conveyed
in his dph of 14 Aug must be adhered to.
Enclose EC's report from wh the Govr will learn that the HBC have given orders to pay 1700$ to the Colonial Govt for the Land sold in error and to reconvey the small strip of land referred to by the E.C. State that
Mr Cardwell's decision respecting lot Z conveyed
in his dph of 14 Aug must be adhered to.
That the Govr will have already perceived
from HGs dph No 23 of 11 May that HMG have not considered themselves
entitled to require any modification of the Deed of Reconveyance of
V.C.I. with the object of avoiding the sale of certain portions of
foreshore referred to in the 5th parag of the report of certain
public officers enclosed in Gov Kennedy's dph No 81 of 20 Oct. 1866.
Documents enclosed with the main document (not transcribed)
S. Walcott, Emigration Commissioner, to T. Fraser, Hudson's Bay
Company, 14 November 1867, requesting the company to pay $1,700 and
surrender a small strip of land in settlement of the dispute.
W.G. Smith, Hudson's Bay Company, to Walcott, 20 November 1867,
agreeing to the proposed settlement.
Other documents included in the file
Draft reply, Buckingham to Seymour, No. 98, 18 December 1867 transmitting “a report from the Colonial Land and Emigration Commissioners” regarding
the Hudson’s Bay Company's sale of land in Beacon Hill Park and discussing the decision regarding Lot Z.