Public Offices document.
Minutes (4), Other documents (1), Marginalia (1).
This document contains mentions of Indigenous Peoples. The authors of these documents
often perpetuate a negative perspective of Indigenous Peoples and it is important
to look critically at these mentions. They sometimes use terminology that is now considered
hurtful and offensive. To learn more about modern terminology pertaining to Indigenous
Peoples, Indigenous ways of knowing, and decolonization, please refer to the Glossary of terms.
The discussion on the extent and nature of HBC land grants continues in the wake of the 1846 Oregon Treaty. Pelly explains to Grey the rationale behind the HBC's desire for an extensive grant. Pelly points out that proceeds from any grant would apply to the objects of Colonization only. Pelly suggests that the HBC privileges held under the Grant of Rupert's Land be extended over the territory defined by the Oregon Treaty.
Pelly offers that he would, upon the expiration of the HBC charter, accept the terms proposed for the East India Company's charter expiration: that the proprietors receive ten percent interest on their
capital investments.
Grey minutes that he wishes to see Pelly's letter again, once the draft response to Pelly is ready.
This file encloses Hawes's draft response to Pelly, which advises that Grey wishes to confine the grant to Vancouver Island. Grey invites Pelly to submit a grant proposal to this effect.
475 North America
Private
H Bay He
Mar 4th 1848
Printed for Parlt 10 Aug/48 (PP 619)
My Dear Lord,
No 10
I have to acknowledge the rect of your private letter of the
25th Feb; which came with Mr Hawes' official Letter of the same date. I certainly understood in the conference I had
with Your Lordship on the
subject of Colonizing the Territory No of 49, that you considered my
proposition too large, and I expected a modification of it from your
Lordship, but I am quite ready to admit that I was in error in this
expectation. I shall therefore briefly state why I asked for so
extensive a Grant.
In considering the subject I did not see how the Territory west of
the Rocky Mountains could properly be separated into parts for the purpose of Colonization. If I had
confined myself to the Islands West
of the Continent or to Vancouver's Island alone, then other settlements might have been made on the Main Land or on some of
the Islands, under a
different Authority, & the want of Unity in the ruling power would
probably have been attended with some diversity of purpose and conflict of Interests, real or apparent, which it was desirable
to avoid as
tending to impede the object in view.
Then again the Company, by their Licence of Exclusive Trade from
the Crown, which has still more than Eleven years to run, have had
virtual possession of all this Territory for nearly thirty years. It is
studded from end to end with their trading posts, and they have acquired
great influence with the Natives, which I thought a matter well worthy
of consideration in any plan that might be formed for colonizing the
country. After much reflection, and looking at the question in its
various bearings, I was convinced that a Grant having Colonization for
its object should, in order to carry out that object effectually,
comprehend the whole of the Territory West of the Rocky Mountains.
This was the extent of the Grant which I had originally intended
to propose should be given to the Comp; but it was suggested to me that,
in the event of such a grant being obtained, the Territory lying East of
the Rocky Mountains, & No of the Company's Territories, which may be
considered as a sort of debateable land, would be in an isolated
position, there being no access to it except through the Company's
territories, or by way of the Rocky Mountains through the Country comprehended in the grant proposed.
Under these Circumstances, and as it formed part of the Territories
over which the Royal licence of Exclusive Trade extended, I thought it
best that it should be included in the Grant, but really caring very
little whether it were so or not.
I am very glad to learn that your Lordship is exceedingly Anxious
for the Colonization of Vancouver's Island. I have no doubt that your Lordship as a statesman must feel the importance of a
Settlement on this
part of the Pacific, where Great Britain has none, and the Americans,
having one already on the Wallamette, are proposing to take measures of establishing another on the opposite side of the
Straits to Vancouver's
Island, and are building large Steamers for communication with the
district. I shall not occupy Your Lordship's time by offering my views
of the Nationality of the object any further than to say they are in
accordance with those of your Lordship.
Such being the Case, the
Company would accept of any Grant, even for the Island of Vancouver
alone, to effect the object, but for the reasons I have given I think
you will be of opinion with me, that it should be more extensive. By
the Charter of the H B Comp. power is given to them to appoint &
establish Governors & all other officers to govern these Territories and
a Council for the several respective places where the Comp. have
plantations, factories, Colonies &c and to judge all persons who shall
live under them in all Causes whether Civil or Criminal &c &c; all which
rights are recognised by the Acts of 1 & 2 Geo 4 Cap 66, so that at once,
by making such a Grant, all the powers of Jurisdiction vested in the
Comp. would come into operation over the whole Territory. As the Company
have officers at Vancouver who are competent to hold temporarily the
situations of Governors & of Councillors, no new Legislative measures
would be in the first instance at all necessary, and any subsequent one that might be found requisite would be arranged with the settlers
or
other persons who might be disposed to associate together for the
purpose of bringing Land into cultivation, working Mines of Coal, or
whatever Else the Country might produce.
Thus the Hudsons Bay Comp. having an Allotment of Land for the
purposes of their Fur Trade might, as they now do in the Columbia, Cut
Timber, catch and preserve Salmon, & export the same to the Sandwich
Islands. The Puget Sound Association, in the same way, might cultivate
land either in connection with their Establishments at Nisqually & the Cowlitz, or (in the Event of the Americans taking these lands under the Treaty) transfer
all their farming operations to Vancouver Island, or
take up the working of Coal, and, if there were any probability of
profit, convey it to Panama & other places as proposed in the pospectus
I enclosed in my last.
The Hudsons Bay Company would not desire to derive any pecuniary
benefit from Grants for these purposes, as the proceeds of all such
Grants would be applicable only to the objects of Colonization. The
security of their property from American aggression would be the
advantage they would expect to derive from the contemplated plan.
I fear, my Lord, you will think me very prolix, as my proposition
lies in a Nutshell.
Great Britain has a Territory bounded on the South principally by
the 49th parallel of Latitude (the boundary between it and the United
States); on the West by the Pacific Ocean, from 49° to 54°, and
thence to 60° by a Strip of Russian Territory (20 leagues in breadth
and following the sinuosities of the Coast); from 60° to the Polar
Sea in about 70° likewise by Russian Territory; on the No by the
Polar Sea; and on the East by the Atlantic Ocean. A large portion of
this has been granted to the Hudsons Bay Comp., in which they can
Establish Colonies, Governments, Courts of Justice &c &c, and over the
whole of the remainder (with the Exception of Canada) by a Grant from
the Crown under an Act of Parliament they enjoy the Exclusive rights of
Trade. I propose that the privileges which they possess under the Grant
of Rupert's Land should be extended over the whole Territory in
question. Your Lordship may feel a difficulty, (however Expedient it
may be) under the present feeling in favour of Free Trade, to make so
extensive a Grant to any Company, though the Hudsons Bay Company did
virtually possess, in addition to what they have asked for, the
Exclusive right of Trade over all the disputed territory west of the
Rocky Mountains from the Lat of 42° — the Mexican Boundary — to 49°; but I think this feeling may
be met by an Agreement on their
part to relinquish to the Country, at the Expiration of their present
Licence of Exclusive Trade, all advantages derived from the Colonization
of those parts not within the original Grant to the Hudsons Bay Comp., without receiving
any Compensation on that acct, beyond the Cost
Value of any improvements which at the time of such relinquishment might
have been Effected, as was proposed with respect to the limited Grant
referred to in Mr Hawes' Letter of the 14 Decr. Indeed as far as I am concerned (and I think the Comp. would concur if any great
National
benefit could be Expected from it) I would be willing to relinquish the
whole of the Territory held under the Charter on Similar terms to those
which it is proposed the East India Comp. shall receive on the
Expiration of their Charter, namely, securing to the Proprietors an
Interest on their Capital of Ten per Ct.
I have the honor to be
My Dear Lord
very Sincerely Yours J H Pelly
Draft, Hawes to Pelly, 13 March 1848, advising that Grey felt the grant should be confined to Vancouver Island, and inviting him to submit a proposal for such a grant.