Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Public Offices document
Pelly, John Henry
to Grey, George 22 January 1847, CO 305:1, no. 93, 91.
Abstract
Public Offices document.
Minutes (3), Enclosures (untranscribed) (1), Other documents (1), Marginalia (3).
Pelly again writes to Lord Grey on the subject of land grants to the Hudson's Bay Company in the wake of the Oregon Treaty of 1846. In response to Grey's earlier request, Pelly provides as an enclosure of historical significance: a case note drawn up for, and
approved by, Attorney General John Jervis and Solicitor General David Dundas.
93 North America
Hudson's Bay House
January 22. 1847
Printed for Parlt
10 Aug /48 (P.P. 619)
10 Aug /48 (P.P. 619)
My Lord
No 5
4Ansd. 2d Feby
that the acceptance by the Company of such a grant would be consistent with their
Charter of IncorporationOn receiving this intimation I directed a Case to be drawn up for
the Opinion of the Attorney and Solicitor General which Case, with their
Opinion thereon, I have the honour to transmit to your Lordship
herewith.
Your Lordship will perceive that the question raised in the Case is
confined to the single point on which you expressed a wish to receive
information, namely, whether the Hudson's Bay Company have power under
their Charter to hold lands, within Her Majesty's Dominions, westward of
the Rocky Mountains.
Minutes by CO staff
Other documents included in the file
Documents enclosed with the main document (not transcribed)
2Case presented by Crowder and Maynard on behalf of the Hudson's Bay Company, no date, as per despatch.3
Minutes by CO staff
The charter ordains that the Company shall at all times
thereafter be capable to purchase & retain lands. Their ability
in that respect is not therefore limited to the lands specifically
granted by the charter, and if, as is stated, the charter contains no
limitation preventing them from acquiring land beyond a particular
district, we are of opinion that they may receive & hold in their
Corporate Capacity and lands within her Majestys Dominions situate
westward of the Rocky Mountains —
Footnotes
- This addressee information appears at the foot of the first page of the despatch.
- The following case, though not transcribed here at this time, is significant. It details a legal opinion as to whether or not, and to what extent, the Hudson's Bay Company is able "to receive and hold in their Corporate Capacity any Lands within the Dominions of the British Crown" westward of the Rocky Mountains. The basis for this legal argument invokes the "Charter granted by Charles the 2nd in the year 1670."
- The following minutes appear on the enclosure document.
- This text runs perpendicular to main body text; see image scan.