21 September 1863
My Lord Duke,
In compliance with the instructions contained in Your Despatch of the 7th July 1863, Separate, I have the honor to forward herewith to Your Grace a draft of the conveyance to Trustees for the benefit of the Incumbent of Christ's Church, and for the benefit of that Church, and the Church of England established within the Colony, of the land at VictoriaknownManuscript image known as the Church Reserve, in order that the same may be submitted to the Lord Bishop of Columbia prior to its execution.
2. The persons proposed as Trustees are not described in the Deed, as this matter had probably better be settled in England. For my own part I think the Governor of the Colony, and the Bishop of the Diocese are the two persons most suitable to hold the Trust.
3. There is also another point left unsettled which had also better be arranged in England; and that is in whom shall be vested the right of presentation to the living ofChristManuscript image Christ Church. As the grant of the land may be viewed as a Crown endowment it may be urged that the Crown should present the Living, but under all the circumstances of the case, my own opinion would incline to leave it entirely in the hands of the Bishop of the Diocese.
4. The section of ground set apart for a Cemetery is entirely omitted from the annexed Conveyance. A portion of that ground has been used exclusively by the Roman Catholic Church, and other portions have been used by Christians of all denominations. In a short period it will be found necessary for sanitary reasons todiscontinueManuscript image discontinue interments, as the ground will be in the heart of the City. Under these circumstances it therefore appears to me advisable that the land should be included in the re-conveyance by the Hudsons Bay Company of Lands to the Crown, and the Crown can then afterwards either continue to hold it, or convey it in Trust as may hereafter be found expedient.
I have the honor to be
My Lord Duke,
Your Graces most obedient
and humble Servant
James Douglas
Minutes by CO staff
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Mr Elliot
In accordance with the terms of the Duke's despatch of 7 July transmit a Copy of this and the draft Conveyance to the Bishop of B. Columbia for any observations he may have to make? Also send Copies to the Emigration Commissrs: for report? The question of the right of presentation will perhaps be best considered after the receipt of the Bishop's answer?
VJ 24 Novr
Drafts—& as to the last point, wait as proposed.
TFE 29/11
Documents enclosed with the main document (not transcribed)
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Draft conveyance of the church reserve from the Hudson's Bay Company to trustees for the benefit of Christ Church and the Church of England, including a map outlining the land in question, as per despatch.
Other documents included in the file
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Elliot to Emigration Commissioners, 2 December 1863, forwarding copy of the despatch and enclosure for observation and suggestion.
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Elliot to Lord Bishop of British Columbia, 2 December 1863, forwarding copy of the despatch and enclosure for observation.