Berens to Newcastle
Hudson's Bay House
15 March 1860
I have the honor to acknowledge the receipt of a letter from Mr Merivale of the 12th Instant, in which he informs me that your Grace, after reconsidering the question with respect to the rights of the Hudson's Bay Company over certain lands held by them in Vancouver's Island, can only abide by your conclusion previously announced, namely, that an authoritative decision on the subject should be obtained from the Judicial Committee of the Privy Council.
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Such being your Grace's determination, it only remains to myself and my Colleagues to submit. We are consequently ready to take such steps as may be necessary in order to bring the subject, with as little delay as possible, before the Judicial Committee; and if the statement already prepared and submitted to your Grace with reference to the land in British Columbia be approved of, an addition can be made to it as regards the Land in Vancouver's Island.
I have etc.
H.H. Berens
Govr
Minutes by CO staff
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VJ 16 March
We cannot answer this as it seems to me, until we have the reply of the Law Advisers to our letter of the 6th ulto on 532: which reply has been rather long delayed. Answer the Company that their "statement" has been submitted to those officers: & that until they answer the reference, his Grace is unable to communicate further with the Co. but hopes the delay will not be long.
HM Mh 16
CF 19
Since I minuted as above, the answer of the Law Advisers to the Brit. Columbia question has arrived. See 3093. I now annex to 3093 [a] draft answer to both together.
HM Mh 21
CF 22
See 3091 (not 3093).
N 23
Other documents included in the file
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Draft, Merivale to Berens, 23 March 1860, suggesting that the company should petition the Queen, setting forth specifically their land claims in British Columbia and Vancouver Island.
Berens, Henry Hulse to Pelham-Clinton, Henry Pelham Fiennes 15 March 1860, CO 305:15, no. 2877, 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/V605MI07.html.

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