Head to Rogers (Permanent Under-Secretary)
Hudson's Bay House
October - 24th / 64
I have the honour to enclose for the information of the Secretary of State a copy of a document transmitted from Vancouver's Island, being an information & interrogatives filed against the Hudson's Bay Company in Chancery by the Attorney General of the Colony.
It appears to meManuscript image that these proceedings are entirely at variance with the purport of the agreement entered into on February 3d 1862 by which it was stipulated that the sales made by the Company previous to January 13 1862 were to be held valid & effectual as against the Crown.
It is true that the alleged relator is not the Crown but Mr John Despard Pemberton the Surveyor General of the Colony, but of the character & object of the proceedings there can be no doubt. We trust that the Right Honble. The Secretary of State will give instructions to stopManuscript image all proceedings on the part of the Crown Officers contrary to the tenor of the Indenture of February 1862, which we on the part of the Company are prepared at once to carry out by the best means which can be derived. For this purpose Mr Dallas & myself last week had an interview with Mr Murdoch & the course to be pursued was in the main agreed upon.
I have the honor to be
Your obedt Servant
Edmund Head
Minutes by CO staff
Manuscript image
Mr Elliot
Land Board?
ABd 25 Oct
Documents enclosed with the main document (not transcribed)
Manuscript image
Detailed legal documents filed in the Supreme Court of Civil Justice relating to proceedings commenced against the Hudson's Bay Company, as per despatch, three documents (ten pages).
Other documents included in the file
Manuscript image
Draft, Cardwell to Kennedy, No. 60, 1 November 1864, asking for an explanation for the colony’s position in the matter.
Minutes by CO staff
Draft settled & approved by Mr Cardwell yesterday.
TFE 2/11
Other documents included in the file
Manuscript image
Elliot to Head, 3 November 1864, advising that a decision on this and other matters recently communicated to the Colonial Office must wait until information is received from the colony.
Minutes by CO staff
Mr Cardwell
I appreciate that we ought to give some answer to Sir Edmund Head; and I submit this for your consideration.
TFE 2 Novr