Despatch to London.
Minutes (3), Enclosures (untranscribed) (2), Other documents (1).
Douglas complains to Newcastle that the temporary requirement that all land transactions on
Vancouver Island be approved by the HBC by forwarding the transfer documents from
the colony to the company's London office, and then waiting for their return, is causing considerable delays. He also
complains about what he feels is a lack of cooperation from the company in addressing these delays and other outstanding issues
regarding the transfer of land.
No. 6
10 January 1861
With reference to Your Grace's Despatch of the 28th June 1860, No 26, upon the subject of the resumption of Vancouver's Island by Her
Majesty's Government, and of the temporary arrangementmade made for the
disposal of land not heretofore dealt with by the Company, I have the
honor to acquaint Your Grace that I received by the same Mail with
Your Despatch, the undertaking, to which you allude, from the
Governor of the Company, to confirm all sales of such land that I
might make.
2. There is however, one serious drawback to this arrangement, for
by it, all the Deeds must be forwarded to the Companyin in England to
be perfected by the attachment of the Corporate Seal of the Company,
the use of which it is stated cannot be delegated. I am not aware
whether Your Grace contemplated this process, but it is one which
will be productive of much embarrassment. Under the old system when
Land was paid for by instalments the practice was found inconvenient,
but under existing circumstances, when Land may be sold by Auction
and paid forat at once, the delay and uncertainty attending the issue
of the Title may, I fear, have the effect of depreciating its value.
3. As an instance of the delay consequent upon sending the Deeds to
England, I would mention that in February 1859, certain Title Deeds
were forwarded for execution, and that up to the present time they
have not been returned. Constant enquiries have been made at the Land
office for them, and their non-arrival, combined with a rumour which
has circulated that the Company do not intend to confirm the
appropriation made of Land for the Public Park and Church Reserves,
has created a feeling of distrust embarrassing to this Government.
4. I have specially addressed the Company upon the subject of the
non-arrival of these Deeds, and in replying to the Communication
before alluded to, from the Governor of the Company, I have again
adverted to the circumstanceas as will be seen from the Copy of the
letter I enclose herewith.
5. My recent Despatch No 51 of the 7th December last, will throw
much light upon the claim, now under the consideration of the Judicial
Committee of the Privy Council, made by the Company to 3084 acres
around Fort Victoria; and I trust I may be pardoned for urging upon
Your Grace that no settlement of the claim should beadmitted admitted which
would in any way infringe upon the Reserves made and virtually
guaranteed to the Public by being marked upon the Official Plan, and
used as appropriated.
6. To convey a clearer idea of the position of the land in question,
I forward herewith a Rough Sketch Map of the Town of Victoria and
Environs, upon which the portions reserved for Governmental and
Publicpurposes purposes are distinctly noted and marked in color.
I have the honor to be
My Lord Duke,
Your Grace's most obedient
and humble Servant James Douglas
Documents enclosed with the main document (not transcribed)
Douglas to Governor H.H. Berens, Hudson's Bay Company, 8 January
1861, explaining the difficulty anticipated if deeds of conveyance
were to be forwarded to London for execution, using as an example the
non-return of deeds sent for execution in 1859, as per despatch.
"A Sketch Map of the City of Victoria and Environs, exhibiting the Reserves made of Land for governmental and public purposes."
Other documents included in the file
Draft reply, Newcastle to Douglas, No. 54, 15 April 1861,
acknowledging the problems that sending land transfers to the HBC in London is causing, but informing
Douglas that the temporary process appears to be unavoidable until negotiations between the company
and the government regarding the reconveyance of Vancouver Island to the Crown are concluded.