Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Public Offices document
Walcott, Stephen to
Elliot, Thomas Frederick 14 October 1861, CO 60:12, no. 9218, 82.
Abstract
Public Offices document.
Minutes (5), Enclosures (untranscribed) (2), Other documents (2), Marginalia (1).
Walcott writes to Elliot to report the outcome of Walcott's “interview” with Dallas and Maynard, on the subject of Douglas's proposal to settle HBC land-claims in British Columbia. Walcott's notes that his successful mediation reduced the acres claimed from 98,000 to 2,913;
finally, he suggests Moody as arbiter of the new arrangement.
The minutes praise Walcott's skills in negotiation and note his correspondence as important, and Newcastle notes that the “concessions here made by the H.B.Co are perfectly wonderful.”
The first of the four documents included in the file is a letter from Elliot to Berens, which acknowledges that Newcastle is willing to adopt the mediated arrangement; the second is a draft reply from Newcastle to Douglas, which reports on the results of Walcott's negotiations with the HBC; the third is a memorandum by the Emigration Commission,
which discusses arrangements for the settlement of the HBC's land claims in BC; the fourth is a summary of the HBC's land-claims, and the proposals to settle the
same.
Walcott to Elliot (Assistant Under-Secretary)
Emigration Office
14 October 1861
I have the honor to report for the information of the
Duke of Newcastle that in pursuance of oral instructions
received through Sir F. Rogers I had an interview on the
11th instant with Mr Dallas the Colonial representative
of the Hudsons Bay Company and Mr Maynard the Company's
Solicitor on the subject of the proposal
made by Governor Douglas in his despatch of the 6th May last for the
settlement of the Land claims of the Company in British Columbia.
made by Governor Douglas in his despatch of the 6th May last for the
settlement of the Land claims of the Company in British Columbia.
2. The details of this proposal with the modifications
thereon suggested by Mr Dallas in his memorandum of
the 15th ultimo were fully discussed, and I feel bound
to add in the most candid and liberal spirit by Mr Dallas
and Mr Maynard. The results at which we arrived are
embodied in the enclosed
Memorandum which we made at the time,
and which has since been seen and assented to by Mr Dallas
as a satisfactory arrangement for the final settlement of all
the Company's outstanding Land claims in British Columbia.
Memorandum which we made at the time,
and which has since been seen and assented to by Mr Dallas
as a satisfactory arrangement for the final settlement of all
the Company's outstanding Land claims in British Columbia.
3. I fully explained to these Gentlemen that I had no
authority to bind the Government to this arrangement, and
could only report it for the consideration of the Duke of Newcastle.
4. Being fully aware of the desire of the Duke of
Newcastle
that a liberal construction should be placed on
the Companys claims, my principal aim was to reduce what was
vague and indefinite in them to as much precision as
practicable, and thus to save future references to and from
the Colony, and to facilitate an immediate settlement so
desirable on all accounts. With this view too, provision
has been made for determining on the spot by arbitration any
subordinate questions that may arise.
that a liberal construction should be placed on
the Companys claims, my principal aim was to reduce what was
vague and indefinite in them to as much precision as
practicable, and thus to save future references to and from
the Colony, and to facilitate an immediate settlement so
desirable on all accounts. With this view too, provision
has been made for determining on the spot by arbitration any
subordinate questions that may arise.
5. Under the proposed
arrangement, the whole quantity
of Land to be conveyed in fee to the Company in satisfaction of all their claims
will not exceed 2913 Acres. But the Company
are to have the liberty of purchasing within Six Months and in one
locality only, vizt at the Farm near New Langley at 4s/2d an
Acre (the present minimum upset price of Lands in the Colony)
an additional quantity of Country Land not exceeding 1500 Acres.
This completely, and I think satisfactorily disposes of the
proposal in Mr Dallas' memorandum of 15 August last that
the Company should have "the right of purchase at the minimum
price of all or any
portion" of their claims. All money and
other Land claims not mentioned in the accompanying memorandum
are also disposed of—and provision is made as suggested by
the Governor in his despatch 88 of the 11th Jany 1861,
for granting an equivalent in Land should any of the Lands
intended to be now conveyed to the Company be found to have been
irrevocably alienated.
arrangement, the whole quantity
Table of breakdown of quantity of lands and their locality.
portion" of their claims. All money and
other Land claims not mentioned in the accompanying memorandum
are also disposed of—and provision is made as suggested by
the Governor in his despatch 88 of the 11th Jany 1861,
for granting an equivalent in Land should any of the Lands
intended to be now conveyed to the Company be found to have been
irrevocably alienated.
6. The enclosed Table will show the extent of the Company's
claims as originally put forth in an Enclosure to the Company's
letter of 31 May 1859 amounting to upwards of 98000 Acres, the extent of the concessions suggested by the
Governor in his
despatch
of the 27th August last, the Company's proposed
modifications, and the results of the present arrangement.
of the 27th August last, the Company's proposed
modifications, and the results of the present arrangement.
7. Should the Duke of Newcastle approve of the terms
now laid down, it will be probably thought advisable to
communicate them for the formal acceptance of the Company,
and when that is received, to forward them to the Governor
with instructions to carry them out as promptly as possible.
8. I would also suggest that the Arbitors should at
once be named (no better
person on the part of the Government
occurs to me than Colonel Moody) and that the Governor should
be further instructed to convey to the Company the lands at each
locality as fast as the boundaries &c are determined, taking
care that in each deed it is clearly made to appear that the
grant is in consideration and full discharge of all the
Company's claims against the Government in that locality.
person on the part of the Government
occurs to me than Colonel Moody) and that the Governor should
be further instructed to convey to the Company the lands at each
locality as fast as the boundaries &c are determined, taking
care that in each deed it is clearly made to appear that the
grant is in consideration and full discharge of all the
Company's claims against the Government in that locality.
Minutes by CO staff
This is an important letter. The extent of the
Company's claims originally put forth was no less than
98,000 acres in the conferences with Mr Walcott
they have consented to a settlement which will make
the whole of their claims not exceed 2913 acres.
So far as my imperfect knowledge of the subject
goes, it appears to me that Mr Walcott must have
exercised great tact in this negotiation, for that he
has succeeded in effecting an agreement which is
incomparably more moderate than was anticipated, and one
which also has the great advantage of precision and a
capability of prompt execution.
TFE
25 Oct
The concessions here made by the H.B.Co are
perfectly wonderful. To demand 98,000 acres and take
2,913 in full of all claims can only be explained to
the credit of the Parties by supposing some tremendous
error of calculation, and as the matter will now be
concluded this must be our supposition.
Mr Walcott has conducted the negotiation
with great ability & industry. Let Mr Fortescue see this.
N
27
Other documents included in the file
Elliot to H.H. Berens, Hudson's Bay Company, 2 November 1861,
stating a copy of the memorandum of agreement had been received
and that Newcastle was willing to adopt the arrangement.
Minutes by CO staff
These papers will of course be shown to Mr Fortescue
on his return, but I presume that the present letter had
better take it's course to lose no time in ratifying an
agreement which promises so well: the Company are aware
that it has been settled in Park Street between the parties
appointed for the purpose.
TFE
31/10
Other documents included in the file
Minutes by CO staff
This despatch does not appear, at this date, to have
been ansd by Govr Douglas.
22 Oct/63
Documents enclosed with the main document (not transcribed)
Memorandum of the Emigration Commission, 11 October 1861,
arrangements for settling land claims of the Hudson's Bay Company
in British Columbia.
Summary of the land claims of the HBC, and of the
proposals to settle them.