Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Public Offices document
Colvile, Andrew Wedderburn to Merivale, Herman 16 April 1855, CO 305:6, no. 3578, 247.
Abstract
Public Offices document.
Minutes (4), Enclosures (transcribed) (1), Other documents (1).
Colvile writes to Merivale in response to Merivale’s earlier correspondence, which illuminated legislative shortcomings on Vancouver Island, and suggested that “under the present state of circumstances” the HBC abandon its
“Grant” to the Island. Colvile proposes a “provisional assembly” for the Island, and requests that the HBC receive further details on the government’s intentions,
in order to respond definitively to the question of dissolving said grant.
The minutes discuss the emergent complexities of Colvile’s document and, after some speculation, Merivale suggests that the more delicate matters be deferred to Lord Russell.
The file includes a “List of Persons Holding 20 Acres of Land and upwards in Vancouver Island, January 1855,” and a draft letter from Palmerston to Colvile, which advises that Douglas will receive the order from council to summon an assembly, and that the other matters
in Colvile’s letter are under consideration.
Colvile to Merivale (Permanent Under-Secretary)
Hudson's Bay House
16 April 1855
Sir
I have the honor to acknowledge the receipt of your communication
of the 5th Instant, enclosing a copy of an opinion of the Law
Advisers of Her Majesty, denying the right of the Governor and Council
of Vancouver Island to legislate for that Colony, and pointing out that
the power of legislation is really vested in the Governor, Council and
General Assembly; also enclosing the draft of a Confidential Dispatch
proposed to be sent to Governor Douglas, and at the same time
submitting, for the consideration of the Governor & Committee of the
Hudson's Bay Company, the question whether under the present state of
circumstances the Company would not consider it advisable to abandon the
Grant, and surrender the Land to the Crown.
The Governor and Committeehave
have given their best attention to the
subjects referred to, and I am desired to submit for the consideration
of the Secretary of State, whether it might not be expedient to postpone
the proposed communication to Governor Douglas until it can be
accompanied by the Order in Council providing for the administration of
Justice, and by instructions to summon an Assembly, there being now more
than Forty Freeholders possessed of twenty acres of land, and upwards,
which the Regulations have declared to be the qualification of voters
for Members of Assembly.
have given their best attention to the
subjects referred to, and I am desired to submit for the consideration
of the Secretary of State, whether it might not be expedient to postpone
the proposed communication to Governor Douglas until it can be
accompanied by the Order in Council providing for the administration of
Justice, and by instructions to summon an Assembly, there being now more
than Forty Freeholders possessed of twenty acres of land, and upwards,
which the Regulations have declared to be the qualification of voters
for Members of Assembly.
The first or provisional Assembly might consist of seven, or some
other moderate number, and although it would probably be impossible to
separate the present small number of Freeholders into distinct districts
for the separate election of Members, yet such an Assembly as could be
formed might obviate the legal difficulty, and be sufficient to carry
on
the Government for a few years until the settlement of the Island shall
be more advanced.
on
the Government for a few years until the settlement of the Island shall
be more advanced.
With respect to a surrender of the Grant, the Governor and
Committee would be disposed to recommend to the Company to meet the
views of Her Majesty's Government, in the event of what I have now
suggested not being considered to be a more convenient mode of
overcoming the present difficulties, provided the Company shall be
reimbursed the outlay which has been incurred in promoting the
settlement of the Colony. It will be necessary, however, to understand
more fully the intentions of Her Majesty's Government, and all the
details of the measure, before a definitive answer can be given to this
question; and I would propose to wait upon the Secretary of State,
accompanied by one or two of the members of the Committee, whenever it
may be convenient for his Lordship to receive us.
I
I enclose a nominal list of those freeholders who have already
received titles for their purchases, and also of those persons who have
purchased town lots, and built houses thereon.
Herman Merivale
&c &c &c
&c &c &c
Minutes by CO staff
Mr Merivale
The despatch to the Governor which it was "proposed to address to him by the earliest oppy" was sent yesterday.
The despatch to the Governor which it was "proposed to address to him by the earliest oppy" was sent yesterday.
ABd
17 Apl
Mr Ball
This short letter involves three questions
This short letter involves three questions
1. The "Order in Council" establishing a Supreme Court is under
the consideration of the Att. & S.G. and will soon be sent out. So I
have told Mr Colvile.
2. The proposal of the H.B.C. to summon an Assembly (although
there are but 40 Electors) is quite in accordance with the view taken by
Mr Sidney Herbert during his short administration here: Mr Peel
who had a good deal considered the subject was of a different opinion.
In my own part I rather agree with Mr S. Herbert, if it is thought
out of the question to apply to Parliament. The minutes in the Law
Officers' opinion, 6 Vanc. Id will best shew you the position of
the case.
3. But I can hardly help thinking
that this zeal of the HBC in
favour of constitutional rights has a somewhat ulterior view. If they
hold the island until the natural termination of their powers (1859
unless renewed) they will be entitled to reimbursement of their expenses
thereon. But if it is certified to Government before that time that
they have not succeeded in bona fide establishing a settlement on the
island, then Government can eject them, and there is no
stipulation in that case for their expenses—why, I cannot tell. See
printed papers annexed.
that this zeal of the HBC in
favour of constitutional rights has a somewhat ulterior view. If they
hold the island until the natural termination of their powers (1859
unless renewed) they will be entitled to reimbursement of their expenses
thereon. But if it is certified to Government before that time that
they have not succeeded in bona fide establishing a settlement on the
island, then Government can eject them, and there is no
stipulation in that case for their expenses—why, I cannot tell. See
printed papers annexed.
Now if Government were to accede to the establishment of an
assembly, this would be going a long way toward admitting the foundation
of a bona fide settlement.
The whole question is therefore difficult & delicate. I should
think it would be best to reserve it for Ld John Russell who must
deal with it in ulterior stages: and that in the mean time, the answer
might be that the O. in C. will be shortly sent out, but that the other
questions raised in the letter, and the application for an interview,
remain under consideration?
HM
Apl 17
I concur & meanwhile have kept the papers.
JB
17 Apr
This Course will be best. Ld John Russell will be here probably
by the End of next week & so think a Delay cannot be material.
by the End of next week & so think a Delay cannot be material.
P
21/4-55
Documents enclosed with the main document (transcribed)
List of Persons Holding 20 Acres of Land and upwards in
Vancouver Island, January 1855
James Douglas, Esqre
John Tod
Roderick Finlayson
*Charles Dodd
William Fraser Tolmie
Robert Clouston
John Sebastian Helmcken
James Sangster
John Gregg
Henry Nathan Peers
George McKenzie
John Frederick Kennedy
*James Yates
James Tod
George Frederick Hawkins
James Cooper
John Work
Isabella Ross
Thomas Skinner
*William Henry McNeill
*George Blenkinsop
Modeste DeMers
John Lemon
Batiste Botineau
*Leon Morell
William Richard Parson
Paul Fraser
Archibald Muir
*William Bamfield
Michael Muir
*Andrew Muir
John Muir
*William John MacDonald
William McNeill
Arthur Whaley Owen
Robert Weir
*Gideon Fifford Halcrow
John McGregor
William Huggins
John Ross
J.W. McKay
William H. Eller
William Leigh
NB. Those marked thus * are persons holding Town-lots at Victoria, in addition to their rural allotments.
List of persons holding Town-lots, having houses build upon them of value £50 and upwards, at Victoria, Vancouver Island, not included in the foregoing list.
Thomas Jonathan Cotsford
John Spence
Thomas Hall
Joseph Montgomery
Charles Edward Stuart
Eli Short
John Henry Johnston
William Logie Guthrie
Horace Rising
George Dixon
James Murray Reid
Aimie Leclerc
Camille Raymond
Frederick Minie
Francois Xavier Cabanagh
George Anderson
George Deans
Robert Laing
William Alexander Mowatt
Louis Trudelle
André Balthasar
George Frederick Johnston
James Thorne
Other documents included in the file
Draft, Palmerston to Colvile, 27 April 1855, advising that the order in council would be sent out when completed, and that the
other matters raised in his letter were under consideration.