Public Offices document.
Minutes (2), Other documents (2).
Berens complains to Newcastle about an outrage involving Lowenberg,
who purchased land that was part of the dispute between the government and the HBC in Victoria
and was prevented from taking possession of it by colonial officials.
It is with great reluctance that I have to trouble your Grace upon
the subject of an outrage committed by the Representatives of the
Government in Vancouver's Island in respect of some Land which had
been sold by the Agents of this Company to a Mr Lowenberg who had
paid for the same and who was in possession of it at the time that
Mr Dallas, the Agent of the Company, left Vancouver's Island for
this Country.
The land in question formed a portion of the 3084 Acres which are
claimed by this Company as having been possessed by them before the
Grant of the Island to the Company, and adjoining aportion portion of the
same property which had been appropriated for the erection of
buildings for the accommodation of the Government. From the
Government land it was separated by a ditch or fence. The piece of
ground referred to formed part of a farm which had long been under
cultivation by the Servants of this Company, by whom it had been
cropped for a series of years, and a proposal having been made to
form a Street which passed through the farm and severed this piece
from the remainder of the farm, Mr Dallas thought it right to
dispose of the land, consisting of about 2 acres 3 roods and 17
poles, and accordingly did so under the authority held by him, for
the purpose, from this Company.
It now appears that sinceMrMr Dallas' departure from the Island a Mr
Tiedeman, who is in the employ of the Land Office at Victoria,
endeavoured to prevent Mr Lowenberg from proceeding with some
fencing which he was putting up stating that he claimed the land as
Government property, and on Mr Lowenberg resisting this interference
with his property a Warrant was obtained from the Police Magistrate
for his arrest, under which he was taken to prison and only
discharged upon giving Bail. Under these circumstances he seeks
redress from this Company for the injury which he has sustained, as
well as compensation for the land from which he has been
dispossessed.
This proceeding is so extraordinary and so entirely at variance with
theunderstanding understanding come to between your Grace and this Company, to the
effect that the representatives of the Government should not seek to
interfere with the land claimed by this Company and for years past
registered in the Land Office as belonging to them, that I feel
assured your Grace will at once give the necessary directions for Mr
Lowenberg being reinstated in the possession of his property and for
proper measures being taken to compensate him for the indignities to
which he has been subjected.
Elliot to Berens, 29 July 1861, advising that Douglas would be
asked to report on the incident.
Draft reply, Newcastle to Douglas, No. 65, 26 July 1861,
forwarding a copy of Berens's letter and asking Douglas to provide Newcastle
with an explanation.