Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Public Offices document
Berens, Henry Hulse to Pelham-Clinton, 5th Duke of Newcastle Henry Pelham Fiennes 7 November 1861, CO 60:12, no. 9934, 158.
Abstract
Public Offices document.
Minutes (5).
Berens writes to Newcastle in response to the receipt of a “Memorandum of Agreement” designed to settle the
ongoing conflict over HBC land-claims in British Columbia. Berens reports that he has laid the memorandum, and Elliot's earlier letter on the same subject, before the HBC Board, which has assented to
“the proposed arrangement.”
In the minutes, Elliot asks that Douglas “be apprized of the agreement.” Then, Elliot deprecates Walcott's choice of Moody as arbitrator of the HBC land agreements, given the legacy of enmity between Moody and Douglas. Instead, Elliot suggests Gosset, a choice agreed to in the remainder of the minute entries.
Berens to Newcastle
7 November 1861
I have the honour to acknowledge the receipt of a letter
addressed to me by Mr Elliot, under date the 2nd instant,
on the subject of a Memorandum of Agreement, dated October 11th
1861, transmitted for Your Grace's consideration by the Emigration
Board, which had been settled between Mr Walcott on the part
of the Colonial Land and Emigration Commissioners, and Mr
Dallas, accompanied by Mr Maynard, on the part of the
Hudson's Bay Companyin
in reference to certain proposals made by
Governor Douglas for the Settlement of the Land claims of the
Company in British Columbia.
in reference to certain proposals made by
Governor Douglas for the Settlement of the Land claims of the
Company in British Columbia.
Mr Elliot states that Your Grace is willing to
adopt this arrangement, and request to be informed whether the
Directors are in like manner prepared to express their assent
to it, in order that in that case the requisite steps may be
taken for carrying it into effect without delay.
In reply I have the honour to inform Your Grace that I
have laid a Copy of the said Memorandum of Agreement,together
together
with Mr Elliot's letter, before my Colleagues in the
direction of the Hudson's Bay Company, and that I am now
empowered by the Board to give the assent of this Company to
the proposed arrangement.
together
with Mr Elliot's letter, before my Colleagues in the
direction of the Hudson's Bay Company, and that I am now
empowered by the Board to give the assent of this Company to
the proposed arrangement.
The Memorandum of Agreement will be communicated, without
delay, to the Company's Officers in Vancouver's Island with
instructions to use their best endeavours to carry the same into effect.
Minutes by CO staff
The
Governor should now be apprized of the agreement.
I annex a Draft for the purpose.
But there remains the important point of the selection
of the arbitrator on the part of the Govt. Mr Walcott
has suggested the name of Colonel Moody merely because he
knows of no other. I confess however that I should strongly
deprecate that selection; the objections to him are I think
these, first that he is not sufficiently clear-headed, secondly,
that he has not the gift of prospering in what he undertakes,
& thirdly that he is on bad terms with the
Governor, which is
in itself a most weighty reason against his employment. It
would be a source of discord and an obstacle in the way of
all his recommendations.
The only other person of adequate position in the Colony
that I know of; is Capt. Gosset R.E. His capacity cannot be
doubted, and his acquirements as an Engineer & a surveyor would
be very appropriate. Out of fear that he might be deficient
in conciliation and I entirely feel the desirableness of not
having differences with the other arbitrators unless they be
really both important and inevitable.
Still if as I apprehend, the choice lied between
the two, I should much prefer Captn Gosset to Colonel Moody,
for the simple reason that, with equal integrity, the abler
of the two men appears to me the right one to select for a
difficult public employment.
the two, I should much prefer Captn Gosset to Colonel Moody,
for the simple reason that, with equal integrity, the abler
of the two men appears to me the right one to select for a
difficult public employment.
A paragraph will have to be added to the Draft to the
Governor naming Captain Gosset, if he should be the person chosen.
TFE
12 Novr
Duke of Newcastle
Col. Moody from his position as Commr of Land & Works in B. Columbia, wd be the natural person to appoint as Arbitrator on the part of the Crown. But there seems reason to think that he wd. not be efficient. I am not sure whether he & the Engineers will soon be withdrawn. If that is so, it wd. be itself a sufficient reason against appointing him. Name Captain Gosset?
Col. Moody from his position as Commr of Land & Works in B. Columbia, wd be the natural person to appoint as Arbitrator on the part of the Crown. But there seems reason to think that he wd. not be efficient. I am not sure whether he & the Engineers will soon be withdrawn. If that is so, it wd. be itself a sufficient reason against appointing him. Name Captain Gosset?
CF
14
The choice is embarrassing, but I think upon the whole it is best
to appoint Captn Gosset.
N
15
P.S. I have just remembered that Col. Moody's Dt will
conduct the ordinary business; he will therefore be,
as it were, one of the disputants in case of differences,
& therefore not fit to be selected as arbitrator. This
seems to facilitate the matter, & I have shaped the last
paragraph accordingly.
TFE
Nov 15th