Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Public Offices document
Merivale, Herman to
Hawes, Benjamin 15 April 1848, CO 305:1, no. 851, 165.
Abstract
Public Offices document.
Minutes (5), Enclosures (untranscribed) (1).
Merivale comments to Hawes on the legalities discussed in a draft grant of Vancouver Island to the HBC, which he encloses. Merivale appears wary of the simplicity of the grant, and its departure from "the original
grant of Charles II."
Largely, the minutes call for further details on matters such as colonization, coal
and land rights, and their respective legal and administrative requirements. Grey considers the "early colonization" of Vancouver Island "an object of some importance," in order to prevent the lands in question "from falling
into the hands of the Americans."
This file encloses a draft grant of "Territory in North America" to the HBC, authored
by Crowder and Maynard, on behalf of the Queen. It contains extensive revisions and notation from several authors, and is dense
with detail on the HBC's North American presence, territorial issues, Indigenous relations,
and more.
This is the draft grant1 of Vancouver's Island to the Hudson's
Bay Company. I have not suggested any alteration of importance,
except striking out the Grant of jurisdiction, which is done in
red-ink. Perhaps this is to be regretted, but on looking into the Statutes it
appeared to me that it wd require an Act of Parliament to effect this
object. Without going into details, the Chief obstacle is the Act
1st & 2nd Geo: IV c: 66, which establishes Courts of Judicature
&c for North West America, and saves the rights of the Hudson's Bay
Company only in their Charter Territory. I pointed out this to Mr
Maynard, the Solicitor of the Company, and the result is the letter
"No 979 North America", which I forward
herewith, in which he says,
that the authorities at Hudson's Bay House prefer relying on Government to appoint some of their own people to the necessary offices.
herewith, in which he says,
that the authorities at Hudson's Bay House prefer relying on Government to appoint some of their own people to the necessary offices.The result will be that The Hudson's Bay Company will legally
possess
1. In Rupert's Land, i.e. the territory East of the Rocky
Mountains — Proprietorship of Soil, Jurisdiction and Exclusive Trade,
under the original grant of Charles II as usually understood.
2. In the North West territory, between the Rocky Mountains and
the Pacific, — exclusive trade only, without land or jurisdiction : under
the License of 1838 : which will expire in 1859.
3. In Vancouver's Island, the Land under this grant, the exclusive trade under the License of 1838, but no
jurisdiction.
It is to be observed, that the Grant
is simple and without any
conditions like the original grant of Charles II. This, therefore,
requires to be considered. If it is intended to impose either any terms
in respect of Colonizing, or any Royalty on Coal or other Mines, this, I
apprehend, must be done in the grant. But I do not suggest this: on
the first point I collected Lord Grey's opinions rather to be, that the
Company should be left unfettered: on the second, inasmuch as the
Company must apply to Government to have any Civil Government
established, it may be enough to wait until the necessity arises to
impose on them terms for maintaining it?
is simple and without any
conditions like the original grant of Charles II. This, therefore,
requires to be considered. If it is intended to impose either any terms
in respect of Colonizing, or any Royalty on Coal or other Mines, this, I
apprehend, must be done in the grant. But I do not suggest this: on
the first point I collected Lord Grey's opinions rather to be, that the
Company should be left unfettered: on the second, inasmuch as the
Company must apply to Government to have any Civil Government
established, it may be enough to wait until the necessity arises to
impose on them terms for maintaining it?HM
May 20
Minutes by CO staff
May 20
Should this proceed pending the Enquiry referred to Lord Elgin?
Should this proceed pending the Enquiry referred to Lord Elgin?
And considering that many parties are now turning their attention
to the Colonization of Vancouvers Island is it consistent with imperial
policy to grant the Cy exclusive rights of trading. The License of 1838
I imagine did not include Vancouvers Island?
policy to grant the Cy exclusive rights of trading. The License of 1838
I imagine did not include Vancouvers Island?The Island contains Coal, & a great deal of good Land. Are the whole proceeds of the Land Coal
&c to become exclusively the
Companys — with no equivalent conditions as improvts — price of
Land — in the encouragt of Settlers? The interests of the Cy may be
adverse to the establishment of free settlements & good municipal
Govt. — This Island seems peculiarly the place considering its
proximity to the U States to establish a Colony with a good Charter?
Would the Company cooperate?
I do not think the enquiry into the Company's administratn of
Rupert's Land has anything to do with the questn of making them this
grant. — The early colonizatn of Vancouver's island is an object of
some importance to prevent it from falling into the hands of the
Americans, but as Parlt certainly would not & ought not to make a
grant for the expenses of such an undertakg it can only be attempted
by a company, nor is there the slightest probability but this cd be
formed for the purpose. But though I am not indisposed to make the grant I am of opinn that it shd contain a recital that its object
is to promote the colonizatn of Vancouver's island, & that in consequence
consideratn of this grant the Co undertakes to form a settlement upon
it & to defray the whole expense of any civil & military establishments
which may consequently be required there. — There shd also I think be
a conditn that the grant shd become void unless settlements shd
be formed within a definite time. The proposed grant as I understand is
to give no new rights of exclusive trade. It wd therefore be
convenient to avoid [...] any reference to their exertg rights of this
descriptn wh. is not absolutely necessary. These rights are highly
unpopular — some of those claimed by the Company are I believe disputed,
hence any words introduced into the grant wh wd imply a fresh
recognitn of such rights wd be highly objectionable. — It wd
likewise be desirable to have some general explanatn from the Company
as to the manner in which they propose to avail themselves of the
property to be conferred upon them. — If they really wish to colonize I
shd wish to afford them all the encouragement & assistance I can. —
Perhaps Mr Merivale had better see either their Solicitor or Sir J. Pelly.
G
22/
Documents enclosed with the main document (not transcribed)
This enclosure is a copy of Crowder and Maynard's "Grant of Territory in North America," from "Her Majesty Queen Victoria" to "The
Governer & Company of Adventurers of England trading into Hudsons Bay." It contains
extensive revisions and notation. Of note is that this enclosure appears to be out
of sequence in the Colonial Volumes, as it follows letter 979, but is marked as 851.
See the image scan for more detail.
Minutes by CO staff
This Paper reached the Dept. without any covering letter. The last
correspondence with Sir Jno. Pelly on the subject is annexed.
VJ.
29 April 48
It was left with me by Mr Maynard Solr to the Co.
2[...] but nevertheless upon condition that the sd Governor & Co shall
form such settlement or settlements as hereafter mentioned for the
purpose of colonizing the sd Island Provided that if the sd
Govr & Co shall not within years from the Grant hereafter
contained have established such settlemt or settlemts than this present Grant to be void otherwise to be of full force & effect.
Footnotes
- See Crowder and Maynard's non-transcribed enclosure below.
- This transcription of what is presumed to be Merivale's minute entry is taken from the overleaf of page 5 of the draft-grant enclosure. It was, apparently, not photographed or added to the microfilm images; however, it was transcribed from the original by Dr. Hendrickson. The text in question appears at the bottom of the page. It is faint, inverted, and in reverse.