Murdoch to Rogers (Permanent Under-Secretary)
12th February 1868
Sir,
I have to acknowledge your letter of 8th inst, enclosing the copy of a despatch from the Governor of British Columbia, requesting that the Deed by which the Hudsons Bay Company reconveyed Vancouver Island to the Crown might be retained in the Colony.
2. The Colonial Attorney General explains that it may be necessary to produce the original Deed in the Courts of Law inManuscript image certain actions of ejectment in which the title of the Crown to the lands is likely to be called in question.
3. Under these circumstances, and as the Colonial Archives would seem to be the natural and proper custody of the document, I see no objection to the Governor's request being acceded to. But it would be convenient that he should furnish a copy of the instrument, certified in the most formal manner, for reference in this Country.
I have the honor to be,
Sir,
Your obedient
Humble Servant
T.W.C. Murdoch
Minutes by CO staff
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CC 14/2
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I agree.
FR 14/2
CBA 14/2
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I perceive it was executed in duplicate & 1 copy received here. How is this.
B&C 17/2
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Mr Murdoch informs me that the Reconveyance wasManuscript image executed in duplicate, but that the Duplicate was retained by the Cy & that only one therefore belonged to the Crown.
CC 18/2
FR 19/2
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I shd think the one copy shd be retained in England & one attested copy in the Colony.
B&C 21/2
Other documents included in the file
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Draft reply, Buckingham to Seymour, No. 16, 2 March 1868 advising Seymour that the original deed to Vancouver Island should be maintained in Britain and an “attested” copy in British Columbia.
Minutes by CO staff
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Duke of Buckingham
I cannot help submitting that this Deed will be more naturally kept in B.C. than in England. The Govt there have an interestManuscript image in it, since it is the root of all future Title to VCI. The Govt here have none. Questions arising out of it will have to be fought out in all probability in B.C., not here. And if it is kept here it is likely to be forgotten or mislaid, since there is no natural place for its custody—it mt be kept in this office, the Emign Office, the Record Office, or elsewhere, & in fifty years it will be forgotten what plan of custody had been chosen. In B.C. I take it for granted it wd be impossible to mislay or forget it.
I add a sentence to the dph—in case Y.G. shd adhere to the opinion that it shd be sent to England.