Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Public Offices document
[Sender not known.] to [Recipient not known.] 1848, CO 305:1, no. 1282, 195.
Abstract
Public Offices document.
Minutes (5).
The document referenced in the minutes is missing from the Colonial Office volume. As suggested in the notation on the minutes, it is likely a draft of a proposed
charter that grants the HBC Vancouver Island.
In the minutes, Hawes informs Merivale of his consultation with Stephen, from which Hawes proposes, among other things, to omit all references in the HBC grant to Rupert's Land, and to grant no more than the land of Vancouver Island. Speculation ensues as to the method for and validity of the HBC's role in colonial governance, in particular, how best to select a governor.
Minutes by CO staff
Mr Hawes
I forward once more the grant of Vancouver's Island. What I now propose (since consulting with Sir J. Stephen on the subject) is, to omit all notice whatever of the grant of Rupert's Land and to make no grant to the Company of anything beyond the land of the Island. The reason is that the power of the Crown in these days to make a grant like Charles 2nd's
and to transfer to the
Company the right of governing British subjects is to say the least very
questionable. I should therefore suggest (if the Company accept these
terms) that a simple Commission & Instructions should be issued as
nearly contemporaneous with the grant as may be to any governor whom the
Company may chose to appoint with the Crown's sanction, empowering
him
to govern & make laws with the advice of an assembly of inhabitants.
This Sir J. Stephen considers perfectly legal. But this Governor must
be responsible, not to the Company but to the Secy of State. Nothing
short of an Act of Parlt can make this otherwise.
I forward once more the grant of Vancouver's Island. What I now propose (since consulting with Sir J. Stephen on the subject) is, to omit all notice whatever of the grant of Rupert's Land and to make no grant to the Company of anything beyond the land of the Island. The reason is that the power of the Crown in these days to make a grant like Charles 2nd's
and to transfer to the
Company the right of governing British subjects is to say the least very
questionable. I should therefore suggest (if the Company accept these
terms) that a simple Commission & Instructions should be issued as
nearly contemporaneous with the grant as may be to any governor whom the
Company may chose to appoint with the Crown's sanction, empowering
him
to govern & make laws with the advice of an assembly of inhabitants.
This Sir J. Stephen considers perfectly legal. But this Governor must
be responsible, not to the Company but to the Secy of State. Nothing
short of an Act of Parlt can make this otherwise.The clause which I have marked No 1. seems to me very
insufficient as a legal instrument to bind the Company,
but I do not see how this would be practicable where the subject is of so very general
and loose a nature, & probably the object will be attained by making it
publicly a part of the grant.
but I do not see how this would be practicable where the subject is of so very general
and loose a nature, & probably the object will be attained by making it
publicly a part of the grant.The clause I have marked No 2. is also a novelty: I have not
been able to find any precedent.
HM
June 21
If now approved I shall so inform the Company & the draft grant if
they consent to these terms will then compose them in an official shape.
1282. Vancouver's Island
Vancouver Island
___
Ld Grey.
As the change proposed merely takes the Govt out of the hands of the Cy & places it in a Govr & […] assembly, I so far go with it. But why the Cy shd appoint a Govr who is to be responsible to the Secy of State I own I do not see. I expect
however that the Cy
will assent — unless the fear of an assembly operates upon them as it
may.But as they appoint the first Govr — they can make the first
assembly — & for a time they may attain
all they want.
all they want.I own I wish, through the offer of a good charter, we could have
attracted, or endeavor to attract, an independt body of
Settlers — which is I think still in our power.
But the Company I do not expect will enter into large or liberal
views of Colonization. They desire naturally enough to keep what they
have quietly & get the Coal on V.C. Island. I hear they are offering to sell their property south of the Boundary to the U.
States.
views of Colonization. They desire naturally enough to keep what they
have quietly & get the Coal on V.C. Island. I hear they are offering to sell their property south of the Boundary to the U.
States.3
It shd be remembered that the charges against the Companys
Govt in their Territory are only being investigated — what if
the report be adverse to them.
1252.
As the power of the Govr wd be restrained by an Assly representg the inhabitants I can see no danger in allowg the Compy to select him & as there is no probability of the capital required to begin being
raised unless by the Co's assistance I see no objectn to their choosing him — before anything further is done it is however necessary to
ascertain whether this form of Govt wd be
accepted by the Company — I greatly doubt it. —
G.
24/
Footnotes
- This document is missing from the Colonial Office volume.
- The draft referenced in the following minute entry is presumed missing from the Colonial Office volume.
- This entry is unsigned, but it appears to be in Hawes' hand. Likely, it was added shorty after the minute above.