Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Public Offices document
Shepherd, Captain, HBC Governor John to Labouchere, Henry 3 December 1856, CO 305:7, no. 10962, 413.
Abstract
Public Offices document.
Minutes (4), Enclosures (untranscribed) (1), Other documents (1).
Shepherd writes to Labouchere regarding the application of a “Native of Germany” for settlement on Vancouver Island. The HBC would enjoy the arrival of “industrious German emigrants” but is concerned
that there is policy which precludes the sale of land to anyone who is not a British
subject. Shepherd enquires if this is the case and if it would be possible “to modify the condition
so as to allow a limited number of German or other foreigners, to acquire land in
Vancouver’s Island.”
The minutes confirm that the grant given to the HBC precludes them from selling to
anyone other than a British subject. The second question is left to Labouchere who does not think that “it would be expedient to alter the letters patent at a moment.”
Enclosed is a draft from Merivale to Shepherd suggesting the the HBC seek a legal opinion to their concerns but that at present
the government was not interested in altering the letters patent. Merivale, however, noted on this document, after examining the grant further, that the provision
does not “forbid sale of land to foreigners (they being naturalized).”
Enclosed is a letter from Herman Cordua to Alexander Barclay asking if he would be permitted to settle a group of German emigrants on Vancouver Island.
Shepherd to Labouchere
Hudson's Bay House
December 3rd 1856
Sir,
I have the honour to enclose a Copy of an application that has
lately been made to the Committee of the Hudson's Bay Company by a
Native of Germany with reference to Vancouver's Island.
So far as the Hudson's Bay Company is concerned, they would have
much pleasure in seeing a large number of industrious German Emigrants,
who are generally very good settlers, located in Vancouver's Island, but
it appears to the Committee that by the terms of the Grant of
Vancouver's Island, the Hudson's Bay Company is precluded
precluded from selling
land to other than British Subjects.
precluded from selling
land to other than British Subjects.
Under the circumstances, I beg respectfully to enquire
1st Whether, in the opinion of Her Majesty's Government, the
Hudson's Bay Company is Precluded from disposing of land in Vancouver's
Island to other than British Subjects, and
2nd Whether, supposing this to be the case, the Government is
prepared to modify the condition so as to allow a limited number of
German or other Foreigners, to acquire land in Vancouver's Island.
Minutes by CO staff
Mr Merivale
With regard to the first question I annex the grant, which appears to me to preclude the Company from disposing of Land to other than Emigrants from the United Kingdom. The second question will be one for Mr Labouchere's consideration?
With regard to the first question I annex the grant, which appears to me to preclude the Company from disposing of Land to other than Emigrants from the United Kingdom. The second question will be one for Mr Labouchere's consideration?
VJ
5 Decr
Mr Jadis has clearly pointed out the answer to the 1st
question. The 2d is for Mr Labouchere's consideration.
question. The 2d is for Mr Labouchere's consideration.
Supplementary letters patent would apparently be necessary.
HM
D 5
Answer the 1st question as proposed. With regard to the
2d—say that I do not [think] that it would be expedient to alter the letters patent at a moment when it is proposed to submit the affairs of the H.B. Compy to the consideration of a Committee of the H. of C. and upon statement of so vague a character.
2d—say that I do not [think] that it would be expedient to alter the letters patent at a moment when it is proposed to submit the affairs of the H.B. Compy to the consideration of a Committee of the H. of C. and upon statement of so vague a character.
HL
D 9
Other documents included in the file
Draft, Merivale to Shepherd, 17 December 1856, suggesting the
Company seek a legal opinion as to whether they could dispose of land to
other than British subjects, but stating that the government was not
presently prepared to consider altering the letters patent should such
course be deemed necessary.
Minutes by CO staff
Mr Labouchere
On farther examining the terms of the grant, it appears to me, after all, that they do not forbid sale of land to foreigners (they being naturalized) though certainly they do not seem to contemplate it. To this extent I would propose to modify the present draft?
On farther examining the terms of the grant, it appears to me, after all, that they do not forbid sale of land to foreigners (they being naturalized) though certainly they do not seem to contemplate it. To this extent I would propose to modify the present draft?
Documents enclosed with the main document (not transcribed)
Herman Cordua to Alexander Barclay, Secretary to the Hudson's Bay
Company, 31 October 1856, asking whether he would be permitted to settle
a group of German emigrants on Vancouver Island.