No. 5
16th March 1864
Sir,
With reference to the correspondence noted in the margin

Sir J. Douglas 24 Octr 1861
Sir J. Douglas 20 April 1863
Colonial Office 20 August 1863
I have the honor to transmit to you a copy of a letter from the Governor of the Hudson's Bay Company on the subject of a claim preferred by Mr. Lowenburg to a lot of land forming part of the original Government Reserve at Victoria, Vancouver Island.
ThisManuscript image
This Reserve was a portion of 1212 acres at Fort Victoria claimed by the Hudson's Bay Company on the ground of occupation previous to the year 1849. By an Agreement concluded in February 1862 all sales of this land made by the Company up to that date were confirmed, on the condition that the unsold portion of the land, withtheManuscript image the exception of 50 acres, should be surrendered to the Crown. Previously to the date of the agreement, the Company's Agent had sold to Mr. Lowenburg the lot now in question. Certain modifications of that Agreement were however found to be necessary, and Sir James Douglas in his despatch of the 20th of April last proposed a compromise by which he considered that therightsManuscript image rights of the Crown and the Company would be maintained. One condition of that compromise was the surrender to the Crown of the lot in question (lot Z) and the Hudson's Bay Company assented to the proposal, so far as they had they power to do so consistently with the rights of individuals.
Mr. Lowenburg now calls upon the Company to put him in possessionofManuscript image of the land which he states that he bought from them in March 1861, and the Company apply to the Secretary of State to give directions for that purpose.
It is true that Sir James Douglas in his despatch of 24th of October 1861 described Mr. Lowenburg as being "merely the Agent or instrument of the Company" in the sale and purchase of this land, but I do not consider thatsuchManuscript image such a statement without further evidence would justify the Government in resisting his claim; and much as it is to be regretted that any portion of the Reserve should have been sold, I find no ground upon which the Crown could refuse to recognize the sale.
I have therefore to authorize you to take the necessary steps for giving Mr. Lowenburg a valid title to thelandManuscript image land in question.
I have the honor to be
Sir
Your Obedient Servant
Newcastle
Documents enclosed with the main document (not transcribed)
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Copy, Head to Rogers, 26 February 1864, addressing Lowenburg's claim.
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Copy, Lowenburg to Thomas Fraser, 4 February 1864, seeking "justice" in his Victoria land claim.
Pelham-Clinton, Henry Pelham Fiennes to Kennedy, Arthur 16 March 1864, CO NAC RG7 410:G8C/04 1, 451. The Colonial Despatches of Vancouver Island and British Columbia 1846-1871, Edition 2.2, ed. James Hendrickson and the Colonial Despatches project. Victoria, B.C.: University of Victoria. https://bcgenesis.uvic.ca/V647105.html.

Last modified: 2020-12-02 13:40:34 -0800 (Wed, 02 Dec 2020) (SVN revision: 5008)