Murdoch to Elliot (Assistant Under-Secretary)
Emigration Office
14 August 1863
I have to acknowledge your letter of 7th instant, with one from the Governor of the Hudsons Bay Co on the subject of the land surrendered to the Crown at Victoria VanCouvers Island.
2. Governor Douglas proposes as a final settlement of the questions in dispute between the Crown and the Company that the Crown on the one hand should give up a lot of land at the foot of Fort Street assigned to it by the Agreement of Febry 1862,Manuscript image for a Harbour Masters Office &c, and that the Company on the other hand should surrender in exchange for it a lot at the foot of Broughton Street for the same purpose—and should also give up a portion of the Government Reserve marked Z on the plan prepared by Mr McTavish, and the lots 1603, 1605 & 1607—the first being the lot on which the Post Office stands and the other adjoining lots required for the public service. The Governor of the Hudsons Bay Co in the letter you now enclose expresses the readiness of the Company to accept this arrangement—so far as they have the power to do so.Manuscript image But they desire it to be understood (as is reasonable) that they surrender only the rights they actually possess, and that the arrangement is made subject to and saving the right of third parties (if any) to whom the lots in question may have been already conveyed.
3. It only remains to communicate Sir Edmund Head's letter to Governor Douglas and to direct Govr Douglas as soon as the Lots in question have been transferred to the Crown, to prepare an accurate map of the Land and to settle with the Agent of the Company the terms in which the land to be secured to the Company and that to be returned to the Crown are to be described in theManuscript image reconveyance of the Island to the Crown. The reconveyance must I presume be effected by Letters Patent under the Great Seal revoking the letters Patent of Janry 1849 by which the Island was granted to the Hudsons Bay Company.
I have the honor to be
Your Obedient
Humble Servant
T.W.C. Murdoch
Minutes by CO staff
Manuscript image
VJ 14 Augt
Mr Fortescue
So far as I understand this complicated matter, it seems to me that the Governor and Directors of the Hudson's Bay Company have acted very reasonably and promptly and have done all which the Govt could expect.Manuscript image I presume that the first step will be to write to Governor Douglas as proposed by Mr Murdoch, and I suppose that we should also acknowledge, with some expression of satisfaction, the readiness of the Company to concur in the course which had been proposed for settling this affair.
The formal reconveyance will, if I understand aright, have to be made in this Country by Letters Patent after we receive from Governor Douglas the required particulars.
TFE 14 Augt
Qu[ery]. By grant under [the] corporate seal [of the] HBC?
This is satisfactory. Draft to Govr Douglas accordingly.
CF 15
N 16
Other documents included in the file
Manuscript image
Elliot to Sir E. Head, Hudson's Bay Company, 24 August 1863, acknowledging receipt of his letter and conveying Newcastle's satisfaction at their concurrence to the proposed settlement.
Manuscript image
Draft reply, Newcastle to Douglas, No. 34, 20 August 1863.