We have to acknowledge your letter of 8th instant, enclosing a letter
from the Governor of the Hudsons Bay Company on the subject of the
payment to be made to the Company during the present year, on account
of the amount which will be due to them on the resumption of
Vancouvers Island by the Crown.
Mr
2. Mr Berens expresses some disappointment that the claim of the
Company against the Crown being upwards of £40,000, it should not be
proposed to pay during the present year more than £25,000. But he
announces his intention to receive that amount on account, and to
give the Governor of Van Couvers Island the necessary authority to
make grants of Land, on the understanding that such grants are not to
embrace any of the Lands claimed by the Company.
3. In respect to the amount to be repaid immediately to the company
it is only necessary to observe, that we suggested the sum of £25,000
because the account of expenditure on public works &c had only been
furnished to the end of 1857, and because it was known that
subsequent accounts had been received, and our Accountant, on his
inspection of the Company's books, cursory as it was, saw reason to
believe that subsequent transactions have thrown the balance in favor
of, instead of against, the Crown. It appeared to us better to limit
the immediate payment within what under any circumstances would
probably be shown to be due to the Company, than to pay a larger sum
of which a portion might have to be hereafter recovered. If the
Company are now prepared to furnish complete accounts of the
expenditure on public works &c, we are aware of no reason why the
accounts should not be at once closed.
4. In regard to the authority conveyed to the Governor to grant
land, the reservation of all lands claimed by the Company, the
validity of which claim is now we believe under legal investigation,
appears reasonable.
5. With reference to a claim for interest on "advances" put forward
in Mr Beren's letter of 23rd January last, on which further
information was requested, Mr Berens states that the advances in
question were such as were considered necessary for the purpose of
the Government of the Colony, and that, so far as is known to the
Company, they were never made except on the pressing demand of the
Governor. It appears to us that before this claim is decided on it
will be necessary to have some more specific statement of the
advances in question and the dates and occasions on which they were
made—in order that, if it should appear advisable, the Governor may
be consulted as to the validity of the claim.
6. In conclusion Mr Berens points out that the sum due to the
Company on accounts already furnished is £40.289.19.9, and claims for
the Company interest on the difference between that sum and the
£25,000 about to be paid them, on the ground that the delay is in
order to meet the public convenience. This claim does not appear to
us tenable. The accounts furnished by the Company are not in a form
to allow their immediate settlement—since until they are completed
it is impossible to ascertain whether any and what balance will be
due to the Company beyond the sum now to be paid them. The delay,
therefore, is caused by the incompleteness of these accounts and not
by any consideration of public convenience. As far as the public is
concerned it would, we apprehend, be more convenient to discharge the
whole debt at once and obtain in consequence the retransfer of
Vancouvers Island. But Her Majesty's Government have no power to
accelerate the rendering of the Company's accounts and are not,
therefore, in any way responsible for the delay.
I think the best course will now be to write direct to the Governor
enclosing extracts of so much of this correspondence as is necessary
to elucidate the subject: & directing him to proceed without delay to
the sale of land as soon as he receives authority from the HBC in
accordance with their undertaking: & to submit this desp. to the
Company before it goes. Perhaps the Ld & Em. Coms
would have the kindness to draft the necessary despatch.
See Mr Blackwood's note on the margin of this draft. It is certain
that we cannot send out the despatch announcing a payment of £25000
to the Hudson's Bay Coy nor communicate that despatch to the Company
itself without obtaining the concurrence of the Treasury. They were
asked for it in our letter of the 29 February. I do not know
what more can be done than to draw their attention officially to that
letter, and request to be favored with their Lordships' decision.