Murdoch to Rogers (Permanent Under-Secretary)
29th April 1864
I have to report, for the information of Mr Secretary Cardwell, the steps we have taken to carry out your oral instructions to have engrossed and executed the Deed of Grant for endowing Christ Church, Victoria, in Vancouver Island.
2. On the day after we received from you the Draft Deed for engrossment we applied to Messrs Maynard and Son, the Solicitors of the Hudsons Bay Co (who are made parties to the Deed for the purpose of conveying the legal EstateManuscript image of the Land) to fix a time for the execution of the Deed.
3. We then learned that the Company had not yet seen the Deed, and that it was necessary that the Draft should be left with them for the purpose of verifying the description of the Land and the plan of the premises. The Draft was accordingly left with Messrs Maynard and Son on the 7th ultimo. On the 17th we wrote to Mr Maynard to request its return, and were informed that the Company wished it to be seen by Mr McTavish, their representative at Victoria, who happened to be in this Country, but was not then in London. On the 1st instant we wrote to theManuscript image Secretary of the Company to urge the matter on, and on the 4th we were informed in reply that Mr McTavish was then in France but expected back on the 8th and that on his return the transaction should be completed as soon as possible. Mr Fraser, the Secretary of the Company, added, that the only cause for the delay was the wish of Mr McTavish to have an opportunity of examining the Draft and the Map attached to it, before the Deed was signed on behalf of the Company. Not hearing further on the subject we again wrote on the 19th instant to Mr Fraser a letter of reminder, and received from him a reply dated the 27th. Copies of the correspondence with the CompanyManuscript image are enclosed.
4. From Mr Fraser's last letter it will be seen that the Company have no objection to the deed. Indeed unless there had been some error in the description of the Lands they could have no objection to it, since it only completed an arrangement which they had sanctioned and commenced. At the last moment, however, they have shifted their ground, and started a difficulty with which we are incapable of dealing. They decline it seems to part with the legal Estate in the lands in question until the Colonial Authorities are prepared to carry out in its integrity the Agreement between theManuscript image Crown and the Company of the 3rd Febry 1862, thus using their fiduciary power in one transaction to enforce a settlement of their Land Claims in another.
See S.S. desph 20 Augt 1863—whh is unanswered at this date.
ABd 2 May
5. Mr McTavish called upon us yesterday as intimated in Mr Frasers last letter—but the result of the interview produced no change in the position of the affair.
6. As we were aware that an early termination of the matter was desired by the Bishop of Columbia and as there was no reason to anticipate any objection to the measure on the part of the Company, to save time we had the Deed engrossedManuscript image for signature. We enclose it herewith together with the Draft which we received from you.
I have the honor to be
Your obedient
humble Servant
T.W.C. Murdoch
Minutes by CO staff
Manuscript image
ABd 2 May
TFE 2 May
Documents enclosed with the main document (not transcribed)
Manuscript image
Copy, S. Walcott to W.G. Smith, Hudson's Bay Company, 1 April 1864, asking that the draft Deed of Endowment be returned as soon as possible to expedite completion of the transaction.
Manuscript image
Copy, Thomas Fraser, Secretary of Hudson's Bay Company, to Walcott, 4 April 1864, advising that the deed would be returned after it had been viewed by Dugald McTavish, presently in France, but expected to return to London on the 8th of April.
Manuscript image
Copy, Walcott to Fraser, 19 April 1864, asking to know when the deed would be returned for execution.
Manuscript image
Copy, Fraser to Walcott, 27 April 1864, informing that there was no objection to the terms of the deed, but that McTavish had advised against conveying any portion of land until the colonial authorities were prepared to carry out "in their integrity" the arrangements agreed upon in February 1862.