No. 89
               
            
            
               
               
               26 October 1860
               
               My Lord Duke,
                
            
            
               I have the honor to acknowledge the receipt of your Grace's
               Despatch No 33 of the 
15th June forwarding a letter from the
               Deputy Governor of the Hudson Bay Co 
               
complaining
               
               complaining of the operation
               of the Customs Laws of 
British Columbia upon the interests of
               that Company.
               
               2.  Your Grace has taken so clear and just a view of the case
               that it is scarcely necessary for me to enter into the merits of
               the general question, but to prove to your Grace the futility of
               the complaint, and to exhibit the general 
               
working
               
               working of the Customs
               Laws in 
British Columbia with regard to the business of the
               Hudson Bay Co, I forward herewith a very clear and able Report
               from 
Mr Hamley the Collector of Customs, accompanied by
               correspondence from the Officers of the Company at 
Victoria,
               by which it will be seen, that not only has it been the practice
               to allow a drawback on the goods sent into the 
Russian Territory,
               but that in a recent 
               
case
               
               case where goods were forwarded by the
               Company in transit through 
British Columbia to 
Colville in the
               American Territory, no duty whatever was either levied or paid.
               Although the Directors of the Company in England could not at
               the date of their letter be aware of the latter transaction,
               yet it appears somewhat 
               
remarkable
               
               remarkable, that the data before them
               from which they reviewed the case, should not have supplied so
               important an item of information as the former.
               
               3.  With regard to the alleged "exaction" of Customs duties
               at 
Victoria, your Grace has already pointed out to the Company
               that the law is optional on vessels going North of 
Frasers
                  River 
               to
               
               to pay duty at 
Fort Victoria or 
New Westminster, and that this
               provision must be intended as a convenience rather than a
               restriction.  As 
Mr Hamley remarks
               
               It was expressly to save the Company's servants the trouble and delay of
               coming to 
New Westminster that permission was given to 
them
               
               them to pay
               their duties at 
Fort Victoria from which Port the Vessel sails.
               An objection on their part to this arrangement is simply
               absurd, but if from any unaccountable reason they prefer it,
               they are at all times at liberty to bring their vessels to
               
New Westminster for clearance and the payment of duties.
               
               
               No overt complaints have ever been made by the Company's
               
Officers
               
               Officers on the spot regarding this convenience, and I need
               scarcely say they do not avail themselves of the option of
               clearing at 
New Westminster, although since the removal of
               the Treasury to that place, the duties in such cases have
               been paid to the Collector of Customs at 
New Westminster—the
               
Vessel
               
               Vessel meanwhile clearing from 
Fort Victoria as heretofore.
               
               Minutes by CO staff
               
                
                  
                  
                     Mr Elliot
                     I presume that a Copy of this Despatch should be communicated
                     to the Hudson's Bay Company with reference to the letter addressed
                     to them on the 
13 of June?  See drafts attached to 4963.
                     
 
                  
                  
                  
                  
                  
                     This shd go to the H.B.Co. as the result of the reference to the Govr wh. they were informed in the letter of the 13th June wd. be made.
                     
                  
                  
                     It is a complete answer.
                     
                  
                  
                   
               
                
                  
                  
                     Mr Berens called upon me a few days ago & renewed this complaint
                     with other new ones.  He is to put them on paper.  I hope he will admit that 
this complaint at least is fairly answered.
                     
 
                  
                  
                  
                   
            
            
               Documents enclosed with the main document (not transcribed)
               
                
                  
                  
                     Wymond Hamley, Collector of Customs, to Colonial
                     Secretary, 
28 August 1860, responding to the complaint of the Hudson's Bay Company against customs procedures
                     in the colony.
                     
 
                   
            
            
               Other documents included in the file
               
                
                  
                  
                     Draft, Colonial Office to Hudson's Bay Company, 
31 December 1860, forwarding copy of 
Hamley's report.