Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Despatch to London
Musgrave, Anthony to Wodehouse, John 16 November 1870, CO 60:41, no. 142, 202.
Abstract
Musgrave, Anthony to Wodehouse, John 16 November 1870, CO 60:41, no. 142, 202.
Despatch to London.
Minutes (3), Enclosures (untranscribed) (3), Other documents (1).
No. 145
16th November 1870
My Lord,
I have had the honor to receive Your Lordship's Despatch No 14
of the 1st September, with a copy of a further Letter received
by your Department from Mr Nias, and expressing a desire to be
informed whether Mr Nias has any ground for claiming a title to
the land in question.
2.
2. I am advised by the Crown Law Officers that Mr Nias has
not; and this is the point at issue between the Government and
other parties as well as Mr Nias, who are in the same position.
I enclose a Memorandum prepared by the Colonial Secretary which
will I think afford Your Lordship the necessary information as
to the circumstances of the case. There is not any desire to
withhold from Mr Nias what he may be legally entitled to,
but any concession to him of more than he canlegally
legally establish
would immediately be made a precedent in other instances.
legally establish
would immediately be made a precedent in other instances.
Minutes by CO staff
Mr Herbert
This appears to me a satisfactory explanation as regards the proceedings of the local Govt in Mr Nias' case—who I incline to think thought, with others, that he was doing a clever thing.
This appears to me a satisfactory explanation as regards the proceedings of the local Govt in Mr Nias' case—who I incline to think thought, with others, that he was doing a clever thing.
Mr Nias should have a copy of this Memo by the Colonial
Secy, & be told that the Secy of State cannot interfere any
further? This might be
done in ackng q[uery] recd
from Mr Nias yesterday.
done in ackng q[uery] recd
from Mr Nias yesterday.
CC
3 Jan 71
At once. I would not I think inform Mr Nias that the Govt
were afraid of going to a jury (vide p. 5) but would merely say that
the S. of State having enquired into the matter found that the
Govt disputed Mr Nias'
title—that the right in a case similar to his own
(that of Dr Trimble) was under
arbitration and that his case will
be dealt with by Govt when a
decision on that arbitration is obtained.
be dealt with by Govt when a
decision on that arbitration is obtained.
& that in any case the matter appears to be one to be
settled by a Court of Law & not by the Secretary of State.
FR
4/1
Documents enclosed with the main document (not transcribed)
P.J. Hankin, Colonial Secretary, memorandum outlining
the nature of the dispute with Nias and others, with
specific reference to a case involving Dr. Trimble presently
before the Supreme Court which "will be a guide to the
Government in their dealings with Mr Nias."
Vancouver Island Proclamation, signed by James Douglas, no date,
detailing the method by which settlers may obtain land in the colony.
Hankin to Nias, 11 June 1870, advising his memorial would be
answered as soon as the dispute with Dr. Trimble was concluded.
