Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Public Offices document
Murdoch, Thomas William Clinton to Rogers, Frederic 12 February 1868, CO 60:34, no. 1469, 164.
Abstract
Public Offices document.
Minutes (6), Other documents (1).
Murdoch summarizes British Columbia’s attorney general’s reasons for wanting the deed to Vancouver Island to be maintained in British Columbia and Murdoch accedes that the deed should be kept in British Columbia. However, Murdoch asks for an official copy to be maintained in Britain. Minutes by Cox, Rogers, and Buckingham discuss where the deed to Vancouver Island should be maintained. Rogers’s additional minute explains why the deed to Vancouver Island should be maintained in British Columbia.
Murdoch to Rogers (Permanent Under-Secretary)
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
in
certain actions of ejectment in which the title of the Crown
to the lands is likely to be called in question.
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.
Minutes by CO staff
Mr Murdoch informs me that the Reconveyance was
executed
in duplicate, but that the Duplicate was retained by the
Cy & that only one therefore belonged to the Crown.
executed
in duplicate, but that the Duplicate was retained by the
Cy & that only one therefore belonged to the Crown.
Other documents included in the file
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
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 interest
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 cannot help submitting that this Deed will be more naturally kept in B.C. than in England. The Govt there have an interest
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.