Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Public Offices document
Blackwood, Arthur Johnstone to Pelham-Clinton, 5th Duke of Newcastle Henry Pelham Fiennes 18 May 1854, CO 305:5, 239.
Abstract
Public Offices document.
Minutes (1), Marginalia (1).
Blackwood writes a lengthy minute to Newcastle, which is in essence a synopsis of the HBC's grant, and subsequent rights and obligations,
on Vancouver Island.
Minute by Blackwood, 18 May 1854
Minutes by CO staff
Questn Monday 12 May
VanCouver's Island was granted to the Hudson's Bay Co on the 13 Jany 1849. The grant was made for the declared purpose of promoting the colonization of the Island; & accordingly it is provided in the Letters Patent conveying the grant that all monies realized by the Company for the sale of Land or of Coal or other Minerals should, after a deduction of 1/10th by way of profit to the Company, be applied towards the colonization & improvement of the Island.
What the Co have done in the way of Colonization
down to Novr 1852 the annexed P.P. (83) will
exhibit to Your Grace without the necessity of repetition.
Since that date a certain number of miners have been sent out to
the Colony, who are now employed in developing its mineral resources.
1;2.
Provision was made in the Grant that if the Co should not
within 5 years from the date of the grant have established on
the Island a settlement of resident Colonists,
emigrants from
the United Kingdom or other British Dominions, the Crown shd
be at liberty to revoke the grant [marginal note: See P.P. 103,
P. 16]. But it was also declared that this failure on the part
of the Company must be ascertained by a person appointed for the
purpose by the Crown, and "certified". As the company have not
been formally charged with neglecting this requirement, & no
person has yet been appointed to enquire into the condition of
the Colony the inference is that they have not brought
themselves within the terms and penalty specified in the grant.
It is however certain that the five years expired on the 13
Jany last, & that the Crown had then the power, if it chose to
exercise it, of instituting an enquiry into the state of the
Island to ascertain if all the conditions of the Grant had
been fulfilled.
emigrants from
the United Kingdom or other British Dominions, the Crown shd
be at liberty to revoke the grant [marginal note: See P.P. 103,
P. 16]. But it was also declared that this failure on the part
of the Company must be ascertained by a person appointed for the
purpose by the Crown, and "certified". As the company have not
been formally charged with neglecting this requirement, & no
person has yet been appointed to enquire into the condition of
the Colony the inference is that they have not brought
themselves within the terms and penalty specified in the grant.
It is however certain that the five years expired on the 13
Jany last, & that the Crown had then the power, if it chose to
exercise it, of instituting an enquiry into the state of the
Island to ascertain if all the conditions of the Grant had
been fulfilled.
1;3.
Land is sold in VanCouver's Island at £1 per acre under
regulations of the Company which the Govt have not the power of
interfering with. Those regulations require that purchasers of
Lands should introduce settlers. Lately the Company have agreed
to relax their rules on this subject and not to require
purchasers of so small a quantity of Land as 100 acres to
introduce Laborers. In answer to the comparison instituted by
persons opposed to the Hudson's Bay Co between the system of
disposing of Land in V.C. Island & the adjoining possessions
of
the United States it is maintained that the effect of free
grants is to enhance the value of labor—that in Oregon, where
free grants are made, great complaints exist as to the high
price of Labor, and that the public is better off in that respect
in the British than in the United States' settlement.
interfering with. Those regulations require that purchasers of
Lands should introduce settlers. Lately the Company have agreed
to relax their rules on this subject and not to require
purchasers of so small a quantity of Land as 100 acres to
introduce Laborers. In answer to the comparison instituted by
persons opposed to the Hudson's Bay Co between the system of
disposing of Land in V.C. Island & the adjoining possessions
of
the United States it is maintained that the effect of free
grants is to enhance the value of labor—that in Oregon, where
free grants are made, great complaints exist as to the high
price of Labor, and that the public is better off in that respect
in the British than in the United States' settlement.
With reference to the charges of monopoly it is proper to
observe that the Co do not really
exercise any monopoly
whatever within the limits of the Colony or it's dependencies,
Every branch of business being unreservedly free & open to all
parties who may choose to embark therein. It is true that the
H.B. Co do nearly all the business, but that arises from their
having superior goods for sale, & their selling them at lower
prices than other Importers of English Merchandize, & not from
any exclusive privilege or protection enjoyed by
their Agents in
the Colony. Though the Company always affirm that trade in the
Island is practically free Your Grace is well aware that they
have the exclusive right of trading with the Indians
in furs; but that the Crown has power to revoke that right whenever
any portion of the Territories over which the license to trade
extends becomes Settled. See last clause but one of the license
of 1838—P.P. 547, P 11.
exercise any monopoly
whatever within the limits of the Colony or it's dependencies,
Every branch of business being unreservedly free & open to all
parties who may choose to embark therein. It is true that the
H.B. Co do nearly all the business, but that arises from their
having superior goods for sale, & their selling them at lower
prices than other Importers of English Merchandize, & not from
any exclusive privilege or protection enjoyed by
their Agents in
the Colony. Though the Company always affirm that trade in the
Island is practically free Your Grace is well aware that they
have the exclusive right of trading with the Indians
in furs; but that the Crown has power to revoke that right whenever
any portion of the Territories over which the license to trade
extends becomes Settled. See last clause but one of the license
of 1838—P.P. 547, P 11.
Council
It has been alleged that the Council (which consists of 4
persons) is composed almost exclusively of the Servants of the
H.B.C. This is, no doubt, true: but the reason is that the
present population of the settlement is not possessed of
sufficient education to enable the Governor to make selections
out of any other class.
However one Member, a Mr Cooper, does
not belong to the Company's service.
However one Member, a Mr Cooper, does
not belong to the Company's service.
Establishment
The Establishment consists of the Governor
4 Members of Council
4 Magistrates
1 Surveyor
A Collector of Customs
A Clergyman (though there is no Church yet built, one is in Contemplation)
and a Schoolmaster
4 Members of Council
4 Magistrates
1 Surveyor
A Collector of Customs
A Clergyman (though there is no Church yet built, one is in Contemplation)
and a Schoolmaster
The last grant to the Hudson's Bay Company
of the Exclusive
trade with the Indians in B.N.A. was made on the 30 of May 1838
for a period of 21 years. The license consequently expires on
the 30th May, 1859, when the Govt may repurchase the land on
repayment of the sums expended by the Company & the value of
their Establishments.
of the Exclusive
trade with the Indians in B.N.A. was made on the 30 of May 1838
for a period of 21 years. The license consequently expires on
the 30th May, 1859, when the Govt may repurchase the land on
repayment of the sums expended by the Company & the value of
their Establishments.
ABd
18 May/54