Murdoch to Elliot (Assistant Under-Secretary)
16th March 1865
I have to acknowledge your letter of 8th Inst, with a Despatch from the Governor of Vancouver Island on the subject of the steps said to have been taken by him for enclosing the public Park, whereby it was alleged that the public had been deprived of advantages they had previously enjoyed. This complaint was brought under Mr Cardwell's notice by a letter from the Governor of the Hudsons BayCompanyManuscript image Company, which was forwarded to Mr Kennedy for his report.
2. Mr Kennedy states in answer that this question is connected with the disputes which have arisen out of the encroachments of the Hudsons Bay Company on the public Park—that in July 1864 his attention was called to unauthorized openings which had been made into the Park, and especially to one connected with a Public House—that in consequence, with the advice of the Surveyor General, the Attorney General and the Executive Council, he directed that Fences should be placedManuscript image on the Park boundary to prevent the creation of future claims to right of way—that a meeting having been got up to denounce this proceeding he received a Deputation from it, who, on hearing his explanation of his reasons, appeared to be satisfied—and that he had placed gates at every point required for the convenience of those residing in the vicinity. He adds that if the fencing had, as alleged by the complainants, Mr Medana, and Mr Finlayson, been illegal, they had a remedy by appealing to the Courts of Law which they did notManuscript image do—and encloses a letter from the Secretary to the public meeting and extracts from the public papers, to show that the course he adopted has been generally approved in the Colony.
3. It appears to me that the Governors explanation sufficiently justifies the steps he adopted in this matter, and if Mr Cardwell should agree in that view I would submit that the Governor should be so informed. His position in the Colony is one of considerable difficulty, but will be renderedManuscript image less difficult if it is known that his measures receive the approbation of the Secretary of State. As the complaint was received from the Governor of the Hudsons Bay Company it would also, I think, be advisable to communicate to Sir E. Head the Governors answer to it.
I have the honor to be
Your obedient
Humble Servant
T.W.C. Murdoch
Minutes by CO staff
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Mr Elliot
Follow the course suggested?
ABd 17 March
TFE 17 March
CF 20
EC 20
Other documents included in the file
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Elliot to Sir Edmund Head, Hudson's Bay Company, 23 March 1865, forwarding copy of the despatch from Cardwell to Kennedy and advising that the steps taken by the governor in the incident had been approved.
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Draft reply, Cardwell to Kennedy, No. 19, 21 March 1865.