Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Despatch to London
Douglas, Sir James to Lytton, Sir Edward George Earle Bulwer 7 December 1858, CO 60:1, no. 1066, 509.
Abstract
Despatch to London.
Minutes (1), Enclosures (untranscribed) (1), Other documents (1).
Douglas forwards claims by the HBC for “land connected with their several Trading Establishments
in British Columbia.”
The minutes acknowledge receipt and inform Douglas that they are waiting for a full report on the matter.
No. 50
1. I have the honor of transmitting herewith copy of a
letter lately addressed to me by the Agents of the Hudson's
Bay Companyresiding
residing at this place—setting forth the claims
of the Company to certain tracts of land connected with their
several Trading Establishments in British Columbia; which
they may have occupied for many years and improved by
settlement and otherwise at much
expense.
1
residing at this place—setting forth the claims
of the Company to certain tracts of land connected with their
several Trading Establishments in British Columbia; which
they may have occupied for many years and improved by
settlement and otherwise at much
expense.
1
2. Her Majesty's Government may probably consider, that
the Hudson's Bay Company have acquired rights to the soil,
through permissory occupation and improvement, as well as by
the public services which theCompany
Company have rendered to the
Country, and may therefore meet their claims in a spirit
of judicious liberality, especially as the settlement of
the Company's possessory rights in Oregon, resting on the
construction of the third article of the Treaty of the 17th
July 1846 with the United States of
America,
2
will probably
be influenced by the decision of Her Majesty's Government
in allowing or disallowing the possessory rights of the
Company in British Columbia.
I
Company have rendered to the
Country, and may therefore meet their claims in a spirit
of judicious liberality, especially as the settlement of
the Company's possessory rights in Oregon, resting on the
construction of the third article of the Treaty of the 17th
July 1846 with the United States of
America,
2
will probably
be influenced by the decision of Her Majesty's Government
in allowing or disallowing the possessory rights of the
Company in British Columbia.
Minutes by CO staff
Mr Merivale
Ack. rect—refer to Sir Edd Lytton's desp. of the 16 Novr; 3 observe to the Governor that Sir Edward awaits the full report which he has called for from him on this subject, & instruct him to call in the assistance of the Commr of Crown Lands, from whom a report will also be requisite for the consn of Sir Edward, before deciding.
Ack. rect—refer to Sir Edd Lytton's desp. of the 16 Novr; 3 observe to the Governor that Sir Edward awaits the full report which he has called for from him on this subject, & instruct him to call in the assistance of the Commr of Crown Lands, from whom a report will also be requisite for the consn of Sir Edward, before deciding.
Documents enclosed with the main document (not transcribed)
Draft, John Work and Dugald McTavish, Chief Factors, Hudson's Bay
Company, to Douglas, 24 November 1858, requesting confirmation of title
to land claimed around Hudson's Bay Company posts in British Columbia.
Footnotes
- = HBC anterior land claims See Lytton to Douglas, 14 August 1858, No. 8, CO 410/1, p. 160; Kelly and Cairns to Merivale (Permanent Under-Secretary), 19 June 1858, 6012, CO 305/9, p. 350; Shepherd to Labouchere, 24 February 1858, Shepherd to Labouchere, 1987, CO 305/9, p. 440; and Henry Hulse Berens to Lytton, 9 August 1858, Berens to Lytton, 7962, CO 305/9, p. 496. Check these?? For a detailed account of the company's claims, see F.W. Laing, Hudson's Bay Company Lands on the Mainland of British Columbia, 1858-1861, British Columbia Historical Quarterly, 3 (April 1939): 75-99.
- The Treaty of Washington establishing the Oregon boundary was signed on 15 June, not 17 July, 1846. Article 3 provided that the rights of the Hudson's Bay Company would be respected, including the right to navigation on the Columbia River and the right of the Puget's Sound Agricultural Company to its farms, lands, and other property in the American territory. For more information, see Frederick Merk, The Oregon Question: Essays in Anglo-American Diplomacy and Politics (Cambridge, Mass.: Belknap Press, 1967). Check Art 3??
- = HBC anterior claims (see Lytton to Douglas, 16 November 1858, No. 42, CO 398/1, p. 148.