Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Public Offices document
Pelly, John Henry
to Grey, George 4 February 1852, CO 305:3, no. 1128, 429.
Abstract
Public Offices document.
Minutes (3), Other documents (2).
Pelly responds to a request by the Colonial Office to explain the extent of the land claimed by HBC following the establishment of the colony on Vancouver Island. Pelly adds that it is Grey’s responsibility to instruct Douglas on matters of import duties.
The minutes seek to clarify the usage of land claimed by the HBC on Vancouver Island. Grey suggests that such claims should be
strictly confined to land actually occupied and made use of.
Of the two enclosures, the first is a request to Pelly for information on the HBC’s land claims on Vancouver Island, and the second is Grey’s draft reply to Douglas.
Hudsons Bay House
February 4th 1852
My Lord,
I have had the honour of receiving Mr Peels letter dated the
2nd Instant, in which it is stated that your Lordship would be glad
of some further explanation as to the distinction between the lands
which the Hudson's Bay Company possessed before the "Boundary Treaty"
and others, and also as to the meaning of the expression "lands which
the Fur Trade of the Hudson's Bay Company propose to take."
In compliance with Your Lordship's wishes I hasten to afford you
the required explanation.
During the period that elapsed between the original connection of
the Hudson's Bay Company with the Country west of the Rocky Mountains
and the division of the Territory by the Boundary Treaty of June 1846,
while in
in fact the sovereignty was in abeyance, the Company reclaimed
from the Wilderness and occupied portions of land wherever their trading
Establishments were planted. These lands they claim as theirs without
purchase and the possessory rights thus acquired in that portion of the
Territory which is situated to the south of the 49th parallel of
North Latitude have been guaranteed to them by the Boundary Treaty.
Among the lands occupied by the Company North of the 49th parallel is
that situated at Fort Victoria in Vancouver's Island where they formed
an Establishment in the year 1843 and this is the land alluded to in the
4th Paragraph of my letter of the 14th December. Its exact extent
has not yet been ascertained by the Company's Surveyor, but whatever
that may be the Company consider they have a right to hold that land
without paying for it, while for any additional quantity that may be
required to be taken by the "Fur Trade" (which is merely a subordinate
branch of the Hudson's Bay Company) the same price will be
be paid as is
paid by other purchasers of land.
in fact the sovereignty was in abeyance, the Company reclaimed
from the Wilderness and occupied portions of land wherever their trading
Establishments were planted. These lands they claim as theirs without
purchase and the possessory rights thus acquired in that portion of the
Territory which is situated to the south of the 49th parallel of
North Latitude have been guaranteed to them by the Boundary Treaty.
Among the lands occupied by the Company North of the 49th parallel is
that situated at Fort Victoria in Vancouver's Island where they formed
an Establishment in the year 1843 and this is the land alluded to in the
4th Paragraph of my letter of the 14th December. Its exact extent
has not yet been ascertained by the Company's Surveyor, but whatever
that may be the Company consider they have a right to hold that land
without paying for it, while for any additional quantity that may be
required to be taken by the "Fur Trade" (which is merely a subordinate
branch of the Hudson's Bay Company) the same price will be
be paid as is
paid by other purchasers of land.
With regard to the levying of Import Duties, of the legality of
which Your Lordship still entertains doubts I need only say that it
rests entirely with Your Lordship to instruct the Governor of the Island
as to the extent and mode in which he is to exercise the powers
conferred upon him.
The Right Honble The Earl Grey
Minutes by CO staff
Mr Peel
This is the explanation of a passage in Sir J. Pelly's letter asked for by Lord Grey. Of course it could not be intended that land actually occupied by the HBC in Vanc. Id at the date of their agreement with Government should be charged for & paid for like other land. The only question that can arise will be as to the amount of such land.
This is the explanation of a passage in Sir J. Pelly's letter asked for by Lord Grey. Of course it could not be intended that land actually occupied by the HBC in Vanc. Id at the date of their agreement with Government should be charged for & paid for like other land. The only question that can arise will be as to the amount of such land.
In answer say that I am not disposed to questn the right of the
Co to land actually occupied by them previously to the arrangement for
constitutg Vancouvers Island a colony, but that I shd wish to be
furnished as soon as possible with a statement of the extent, & a
descriptn of the land so claimed by the Company, & I have to add that
I understand the claim to be strictly confined to land actually occupied
& made use of. A despatch shd be written to the Govr
transmittg copies of the correspondence, & directg him to furnish
me with any informatn in his power on the subject.
G.
7/
Other documents included in the file
Draft, Colonial Office to Pelly, 13 February 1852, requesting further
information regarding the extent of the land claimed by the Hudson's
Bay Company on Vancouver Island.
