Shepherd to Labouchere
Hudson's Bay House
December 3rd 1856
Sir,
I have the honour to enclose a Copy of an application that has lately been made to the Committee of the Hudson's Bay Company by a Native of Germany with reference to Vancouver's Island.
So far as the Hudson's Bay Company is concerned, they would have much pleasure in seeing a large number of industrious German Emigrants, who are generally very good settlers, located in Vancouver's Island, but it appears to the Committee that by the terms of the Grant of Vancouver's Island, the Hudson's Bay Company is precludedManuscript imageprecluded from selling land to other than British Subjects.
Under the circumstances, I beg respectfully to enquire
1st Whether, in the opinion of Her Majesty's Government, the Hudson's Bay Company is Precluded from disposing of land in Vancouver's Island to other than British Subjects, and
2nd Whether, supposing this to be the case, the Government is prepared to modify the condition so as to allow a limited number of German or other Foreigners, to acquire land in Vancouver's Island.
I have the honour to be Sir,
Your most obedient humble Servant
John Shepherd
Govr
Minutes by CO staff
Manuscript image
Mr Merivale
With regard to the first question I annex the grant, which appears to me to preclude the Company from disposing of Land to other than Emigrants from the United Kingdom. The second question will be one for Mr Labouchere's consideration?
VJ 5 Decr
Mr Jadis has clearly pointed out the answer to the 1st
question. The 2d is for Mr Labouchere's consideration.
Supplementary letters patent would apparently be necessary.
HM D 5
Answer the 1st question as proposed. With regard to the
2d—say that I do not [think] that it would be expedient to alter the letters patent at a moment when it is proposed to submit the affairs of the H.B. Compy to the consideration of a Committee of the H. of C. and upon statement of so vague a character.
HL D 9
Other documents included in the file
Manuscript image
Draft, Merivale to Shepherd, 17 December 1856, suggesting the Company seek a legal opinion as to whether they could dispose of land to other than British subjects, but stating that the government was not presently prepared to consider altering the letters patent should such course be deemed necessary.
Minutes by CO staff
Mr Labouchere
On farther examining the terms of the grant, it appears to me, after all, that they do not forbid sale of land to foreigners (they being naturalized) though certainly they do not seem to contemplate it. To this extent I would propose to modify the present draft?
Documents enclosed with the main document (not transcribed)
Manuscript image
Herman Cordua to Alexander Barclay, Secretary to the Hudson's Bay Company, 31 October 1856, asking whether he would be permitted to settle a group of German emigrants on Vancouver Island.
Shepherd, John to Labouchere, Henry 3 December 1856, CO 305:7, no. 10962, 413. The Colonial Despatches of Vancouver Island and British Columbia 1846-1871, Edition 2.2, ed. James Hendrickson and the Colonial Despatches project. Victoria, B.C.: University of Victoria. https://bcgenesis.uvic.ca/V565MI31.html.

Last modified: 2020-12-02 13:40:34 -0800 (Wed, 02 Dec 2020) (SVN revision: 5008)