Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Public Offices document
Ward, Sir Henry George to
Hawes, Benjamin 5 February 1848, CO 305:1, no. 259, 299.
Abstract
Public Offices document.
Minutes (9), Enclosures (transcribed) (1), Other documents (1).
The subject of coal rights on Vancouver Island is raised in a letter by one Mr. Cunard, which Ward forwards to Hawes in hopes of reaching Lord Grey's eyes.
In the minutes, Blackwood reiterates the HBC's land-claim proposal, and arguments, following the 1846 Oregon
Treaty.
Hawes expresses urgency on the matter, provided that the coal proves to be "good." Lord Grey calls for Hawes to communicate privately with Pelly in order that the latter provide a detailed colonization proposal, especially in light of the coal discovery.
259 N America
Admiralty
5th February 1848
Sir.
I am commanded by my Lords Commissioners of the Admiralty to transmit to you, for
the information of Earl Grey, the enclosed copy of a letter from Mr Cunard, suggesting that on Land being granted on
Vancouver's Island, that the Coal Mines there should be reserved for the
use of the Crown.
Documents enclosed with the main document (transcribed)
Copy
Sir
in 259 N America
No 1 Hyde Park Place West
3 January 1848Sir
Observing in the public papers that Coal is to be had at Vancouvers Island I hope I may not be considered as intruding by bringing the
subject under the notice of the Lords of the Admiralty. Individuals in
the Oregon territory will be alive to the advantages resulting from the
possession of this valuable article and will endeavour to obtain the
best situations or acquire any right the natives may have or suppose
they may have.
It may therefore be well, in granting Lands on this Island to
reserve the mines for the use of the crown, and to take such measures as
may prevent the 
the natives, or others, from acquiring or ceding, rights to
these mines
the natives, or others, from acquiring or ceding, rights to
these minesThis subject will not long escape the vigilance of the Americans in
that neighbourhood
Minutes by CO staff
Mr MerivaleI conceive that if ever a Settlement were formed under the auspices of Govt or any Land were granted away to persons at Vancouver's Island the mines & minerals would necessarily be reserved to the Crown. I am not aware of the use to which Mr Cunard's suggestion can be turned at present.
ABd 7/2/48
Mr Merivale.
Vancouver's Island has been regarded by this Office as certainly not within the limits of the Hudson's Bay Company's Territories. Indeed a scheme was under consideration about a year ago / though it has fallen through / for placing it under the charge of that Company.
Vancouver's Island has been regarded by this Office as certainly not within the limits of the Hudson's Bay Company's Territories. Indeed a scheme was under consideration about a year ago / though it has fallen through / for placing it under the charge of that Company.
ABd 7/2/48.
Yes — Refer also to the correspondence mentioned by Mr Blackwood to see how the matter stands in order that measures
may be adopted for again taking up the plan which this discovery
wd seem to render it highly desirable to do. —
G. 9
259. N. America
1848.
My note on 259. North America. was written without having the necessary documents before me, but having since referred to them, I find that the statement, I have already made is correct.
1848.
Mr Merivale
My note on 259. North America. was written without having the necessary documents before me, but having since referred to them, I find that the statement, I have already made is correct.
The question relative to the occupation of Vancouver's Island stands at present in this posture.
The dispute with America concerning the Columbia Territory being settled, Sir John Pelly, as the organ of the Hudson's Bay. 
Bay
Company enquired, on the 7th of September 1846,
the intentions of the Government as to the acquisition of Lands or
formation of Settlements on the North side of the British Boundary Line.
He stated that the Hudson's Bay Company had formed an establishment on
the Southern part of VanCouver's Island, which they were annually
enlarging, and that therefore he was anxious to know whether they would
be confirmed in the possession of such Lands as 
as they might find it
expedient to add to those which they already possessed.
Bay
Company enquired, on the 7th of September 1846,
the intentions of the Government as to the acquisition of Lands or
formation of Settlements on the North side of the British Boundary Line.
He stated that the Hudson's Bay Company had formed an establishment on
the Southern part of VanCouver's Island, which they were annually
enlarging, and that therefore he was anxious to know whether they would
be confirmed in the possession of such Lands as 
as they might find it
expedient to add to those which they already possessed.This enquiry gave rise to various minutes on the part of Mr
Stephen and Mr Hawes on the subject both of the proprietary rights of
the Company, and of the policy of settling VanCouver's Island. I send
those minutes for your perusal.
They are attached to 1074 North America. 1846.
The information seeming 
seeming however to be defective, Sir J. Pelly was
called upon to state what were the limits of the Territory the Company
sought to obtain, and whether he was legally advised, that they could
receive and hold in their Corporate Capacity any Lands in the Dominion's
of the British Crown westward of the Rocky Mountains.
seeming however to be defective, Sir J. Pelly was
called upon to state what were the limits of the Territory the Company
sought to obtain, and whether he was legally advised, that they could
receive and hold in their Corporate Capacity any Lands in the Dominion's
of the British Crown westward of the Rocky Mountains.The answer returned by Sir John Pelly on the 24th of October
1846, was that in his opinion the Company might legally hold 
hold any portion of the Territory to the West of the Rocky Mountains which the Crown might choose to annex to Rupert's Land.
hold any portion of the Territory to the West of the Rocky Mountains which the Crown might choose to annex to Rupert's Land.On the question of the limits he forwarded certain reports which
do not explain with adequate precision the extent of Country sought for.
Lord. Grey then replied, that (14 Decr 1846,)
that as he could not announce the decision of the Government. on the
question of colonizing the Oregon Territory, his Lordship wished to have a specific 
specific proposal from the Company — that he was prepared to assent on
behalf of the Queen to a grant to the Hudson's Bay Company of certain
Lands in Van Couver's Island or in other parts of the Oregon Territory
but that before the issue of such grant, he would require the production
by the Company of an opinion from the Law Officers of the Crown, to the
effect that the acceptance by the Company of such grant would be
consistent with their Charter of Incorporation. Other
specific proposal from the Company — that he was prepared to assent on
behalf of the Queen to a grant to the Hudson's Bay Company of certain
Lands in Van Couver's Island or in other parts of the Oregon Territory
but that before the issue of such grant, he would require the production
by the Company of an opinion from the Law Officers of the Crown, to the
effect that the acceptance by the Company of such grant would be
consistent with their Charter of Incorporation. Other
Other stipulations were
also mentioned which though important in themselves, are not material to
the immediate question.On the 22 January 1847. Sir J. Pelly sent to this Office the case
proposed to the Law Officers of the Crown, and their opinion was that
"If, as was stated, the Charterof the Company containedno limitation preventingthem from acquiring Landbeyond a particular districtthey (the Law Officers of the
the Crown), considered thatthe Company might receiveand hold in its corporatecapacity Lands in theQueen's Dominions to thewest of
the Rocky Mountains."
"If, as was stated, the Charterof the Company containedno limitation preventingthem from acquiring Landbeyond a particular districtthey (the Law Officers of the
the Crown), considered thatthe Company might receiveand hold in its corporatecapacity Lands in theQueen's Dominions to thewest of
the Rocky Mountains."This opinion being regarded as satisfactory, Lord Grey wrote (2. Feby 1847) to Sir J. Pelly to say that he was ready to receive, and consider the draft of such a grant as the
Company would accept.
On the 5th of March 1847, Sir J. Pelly sent his Scheme for the proposedgrant 
grant which underwent criticism here, and Lord Grey decided that the Company had made too
extensive a proposal. The last minute on the last paper in the North
American Department on this subject states. "I have seen Sir J. Pelly who will communicatewith Mr Hawes andsubmit some less extensive demand.
G. 25/3/47."
grant which underwent criticism here, and Lord Grey decided that the Company had made too
extensive a proposal. The last minute on the last paper in the North
American Department on this subject states. "I have seen Sir J. Pelly who will communicatewith Mr Hawes andsubmit some less extensive demand.G. 25/3/47."
ABd 11/2/48.
Lord Grey
Feb 15
Sir J. Pelly called yesterday. He desires that some proposition shd be made by this office to the H.B. Company. The Company it appears wd be willing, to colonise this Island, towards which there are many parties directing their attention, & there is already formed a Company (the Pugets Sound Cy I think) which has capital & which wd be willing to join with & cooperate with the H.B.Cy in this undertaking. The
Question therefore is whether any proposition shd be made to the H.B.Cy or the Company shd be called upon to propose a plan.
Feb 15
Sir J. Pelly called yesterday. He desires that some proposition shd be made by this office to the H.B. Company. The Company it appears wd be willing, to colonise this Island, towards which there are many parties directing their attention, & there is already formed a Company (the Pugets Sound Cy I think) which has capital & which wd be willing to join with & cooperate with the H.B.Cy in this undertaking. The
Question therefore is whether any proposition shd be made to the H.B.Cy or the Company shd be called upon to propose a plan.If it be true that good coal has been discovered the undertaking
becomes of importance. See former minutes.
I think it wd be much more convenient that any propositn shd be made by the Co — Mr Hawes might privately communicate with Sir J.P. expressing my wish to receive from him some proposal to which I cd agree for colonizg the island. — The discovery of the coal makes this an object of great importance. The agreement
lately concluded with
Mr Wise may be shewn to Sir John as an example of the sort of agreement I shd think it reasonable to make regarding the coal. —
G.
15/
Other documents included in the file
Merivale to Ward, 18 February 1848, advising that Cunard's suggestion would be "borne in mind whenever an opportunity arises for the disposal
of Land in that portion of the British possessions."Minutes by CO staff
Mr Merivale
I have stated on a separate paper, which I send herewith, the present condition of the question of settling Vancouver's Island.
I have stated on a separate paper, which I send herewith, the present condition of the question of settling Vancouver's Island.
ABd
11/2/48.
Footnotes
- This addressee information appears at the foot of the first page of the despatch.
- This addressee information appears at the foot of the first page of the despatch.