Emigration Office
                     
                  
               19th April 1858
               
               Sir
                
            
            
            
               We have to acknowledge your letter of the 
11th ultimo,
               enclosing accounts furnished by the Hudsons Bay Company of sums
               expended by them in and upon 
VanCouvers Island, and desiring us
               to examine these Accounts and furnish a report for 
Lord Stanley's information.  These accounts are furnished with a view
               to the resumption of 
VancouversIsland Island
 
               Island 
               Island by H.M. Government under
               the stipulation inserted for that purpose in the Deed of Grant
               to the Company of 
13th of January 1849.  Our Report has been
               somewhat delayed by the necessity of personal communication with
               a Member of the Hudson's Bay Company.
               
               2.  The stipulation in the Deed of grant above referred to was
               to the effect that the Crown should on resumption of 
the Island
               make payment to the Governor and Company
               
               of the sum or sums of
               Money theretofore laid
out
 
               out and expended by them in and upon the
               said Island and premises and of the value of their
               establishments property and effects then being thereupon.
               
               
               Taking these words in their most extensive sense the Hudsons Bay
               Company have furnished accounts of the whole of their
               expenditure upon 
the Island, and of the estimated value of all
               their trading and other Establishments there.
               If it is intended by H.M. Government to remove the Company
               altogether from 
the Island
               and to take
over
 
               over the whole of their Establishments of every kind
               for the Crown the sums so claimed amounting probably to upwards
               of £200,000 will, subject to verification, be due to them.  But
               we can hardly suppose that this will be considered necessary
               if the Company desire to retain their trading
               Establishments, or in that case the amount to be reimbursed to them will be
               comparatively trifling.  We proceed to explain the several items
               of the Account.
               
 
            
            
               3.  (1) Balance due to the Company £8505.6.11.
               This amount is due to the Company on a Debtor and Creditor
               account called "Trust Account" which appears to have been kept
               by the Company against 
the Island from the time of the Grant.
               The Company debits itself with revenues from Land Sales, Coal
               Royalties, Licenses &c, and takes credit for payments chiefly
               of an administrative character—Salaries, roads, militia,
               Customs, gaols &c.  Some charges may require
ex=
 
               explanation, such
               as payments to Indians for extinction of Claims, but on the
               whole the account seems to be of a legitimate character, and
               would probably only require to be substantiated by vouchers and
               original documents to be admitted.
               
               4.  (2) Cost of sending out Colonists £25,550.
               From previous accounts it appears that a large portion of this
               sum is the moiety of the estimated cost of sending out between
               700 and 800 persons, the other moiety
being
 being borne by the Puget
               Sound Company and the Fort Rupert Coal Mine.  The charge
               includes not only conveyance but a twelve months wages, besides
               provisions, which the state of the Colony rendered it necessary
               to issue to the people.  This charge, if supported by evidence
               of the actual outlay of the money and of the allotments of one
               half of the people to 
Vancouvers Island, would not appear
               objectionable so far as regards the expense of passage money.
               But if the Government is to be debited with a years wages &
               provisions
for
 
               for the people it ought to be credited if possible
               with the value of their labor during that time.  As no doubt
               they were employed by the Hudsons Bay Company the simplest
               plan would be to set their labor against their wages and
               provisions and strike off the charge for the latter.
               
               5.  (3) Cost of searching for Coal &c—£12,469.5.7.
               For this charge which probably comprizes large amounts for wages
               it would perhaps be difficult to produce many
vouchers
 
               vouchers, but the
               Company ought to produce accounts giving every detail and
               extracted from their books, or bonâ fide documents furnished to
               them from the Colony.  The admission of this charge, however,
               and of the four which follow must depend on the decision of the
               question, to which we have alluded, whether it is intended to
               remove the Company altogether from 
the Island and take over all
               their Establishments—Trading and administrative—or to allow
               them to remain in 
the Island relieving them only of their public
               Establishments.
               
4 
 
               
               
               (4) Valuation of Farms &c            £12,384.—
               
               (5)    Do     of Mills                 3,000.—
               
               (6)    Do     of Buildings, Fort &c   12,575.—
               
               (7) Inventory at Nanaimo Coal Mine
               
               
31st Octr 1855                 38,326.9.3
               
               £66,285.9.3
               
               
               6.  Upon these items making a total of £66285.9.3 no confident
               opinion can be formed in this Country.  If these Establishments
               are to be taken over by the Crown, it will, as it appears to us,
               be indispensable to employ some person on behalf of the Crown
               to proceed to 
Vancouvers Island and verify the valuation
put
  
               put
               upon them by the Company.  It will be seen that the Inventory at
               Nanaimo Coal Mine is dated 2 1/2 years since, and can,
               therefore, be nothing more than a very rough approximation to
               the present value of the plant, Coal in hand &c.  The expense
               of employing a special valuer would be inconsiderable compared
               with the large sums to which his valuation would refer.
               
               7.  Besides the above charges amounting in all to £112,810.1.9.
               a note at the close of the account alludes to inventories of
               goods,
stock
   
               stock, and Trading Vessels, valued at £112,889.8.2. and
               proceeds to say,
               
               Should these inventories not be assumed by H.M. Government a
               serious loss may be sustained by the Hudsons Bay Company in the
               event of their Trade being suddenly terminated.  An equitable
               compensation in such case will have to be agreed upon.
               
               Here again the main question is the continuance of the Companys
               trading operations or their assumption by the Crown.  If the latter
               course should be
de=
 decided on, this claim, which it will be
               observed is very indefinite, must like the preceding be
               investigated on the spot.
               
               8.  In the account No 2 it is stated that the balances of
               Settlers on Sales of Land amount to £3,620.7.5. bearing interest
               at 5 per Cent.  This amount will of course be payable to the
               Crown instead of the Company.
               
            
            
               9.  The result to which we come is that if the Company is removed from 
VanCouvers Island claims
               will arise on their part
               under the Deed of Grant, for expenditure
and
 and property, which in
               these accounts are represented by the sum of £225,699.9.11. and
               that of these claims upwards of seven ninths would require to be
               investigated on the spot.  But that if the Company is allowed
               and is willing to remain and continue its operations, the amount
               to be repaid by the Crown will not exceed £34,000, the items of
               which can probably be investigated and settled in this Country.
               We would submit, therefore, that before any further steps are
               taken in the matter H.M. Government should decide
on
 
               on the course
               to be adopted on the above point and if they decide to allow the
               Company to remain, should ascertain whether the Company are
               willing to do so.  If the Company continue it will only be
               necessary to obtain vouchers for the first two items in their
               accounts, vizt, for the balance due on the Trust account and for the cost of sending
               out Settlers, and the
               account between them and H.M. Government may we should hope be
               brought at once to a close.
               
               Minutes by CO staff
               
               
                
                  
                  Mr Merivale
                     I conclude that the question of account between the 
Govt & the
                     Hudson's Bay C
o in reference to 
VanCouver's Island will
                     eventually be referred to the Treasury when this report will be
                     found useful.
                     
 
                  
                  
                  
                   
                  
                  Lord Carnarvon
                     The great importance of the distinction pointed out by the
                     Commissioners will be seen at once.
                     
 
                  
                  
                     It seems to me that the Company cannot be forced by Government
                     to surrender their grant of the island, unless Government is
                     willing to purchase their trading plant as well as their land.
                     
                  
                  
                     But that on the other hand, if the terms proposed by the Company
                     are thought exorbitant, the Company cannot force Government to
                     take the island at all, and must continue their occupation.
                     
                  
                  
                     This being the case, it is probable some middle course may be
                     found, not involving the enormous expense which would be
                     incurred by absolutely buying out the Company.
                     
                  
                  
                     I can therefore only suggest

 
                     negociation with the leading members
                     of the Company, & probably by conversation
                     in the first instance, but I do not expect that it will be very
                     easy to come to terms.
                     
                  
                  
                     I will see 
Capt. Shepherd, and discuss the matter.  But first
                     refer to Law Officers on the question of whether the trading
                     establishments are included in what we are bound to take off the
                     hands of the H.B.Co.
                     
 
               
                
                  
                  Lord Stanley
                     The estimated cost in buying out the Company—£225,699.9.11—is
                     enormous and if some middle course can be arrived at without
                     reestablishing exclusive rights & monopolies to the Company in
                     
Vancouver's Island it will undoubtedly be very satisfactory.  It
                     will therefore probably be desirable as suggested by 
MrMerivale to hear what terms the H.B.C. will agree to, without
                     compromising your ultimate decision.  There are however one or
                     two points 
wh I would suggest for what they may be worth.
                     
 
                  
                  
                     1.  The Balance due to the H.B.C. 8505.6.11.  This is part the
                     L. & E. Commissrs say, of a Trust account: in wh the Company
                     set off payments made by them on roads, militia, Customs, gaols,
                     salaries &c against receipts from land sales royalties &c.
                     
                  
                  
                     Is it quite fair to apply the proceeds of land sales—a
                     permanent alienation of a great source of revenue 
wh
                     diminishes pro tanto the resources of the island—to the
                     
current and annual expenses of militia, salaries, customs?  Roads
                     and gaols are permanent improvements to the Colony

 
                     but I almost
                     doubt whether in fairness the proceeds of land sales ought to be
                     applied to purposes—
wh however necessary in themselves &
                     forming a part of the general administration of the country—are
                     of a temporary & somewhat uncertain nature.
                     
                     2.
                     
Sending out Colonists  £25,550.
                     I doubt the propriety of this charge.  There is nothing in the
                     Grant—that I can see—
wh pledges directly or indirectly the
                     
Govt to allow it.  The terms upon 
wh the Island is granted to
                     the H.B.C. for nine years are laid down—the resources 
wh shall
                     be at their disposal are stated—their profits from minerals &c
                     are Limited to 10 per cent—and in consideration of all these
                     advantages the Company are to establish a settlement of resident
                     colonists.  This is declared to be the object in view for 
wh
                     this grant is made—the reason in fact for conferring upon the
                     Company rights of a very exclusive kind.  But if we are

 
                     to pay
                     for such an outlay we might as well have undertaken the
                     Emigration of these settlers.  In the accounts annexed they are
                     said to be "not required by the Company."  That may be so:  but
                     I can see nothing in the Grant 
wh obliged the Company to send
                     out persons whom they did not require for their commercial
                     operations.  Has any other condition be[en] made with them on
                     this subject?
                     
                     Still less do I understand the principle upon 
wh one years
                     wages and provisions are claimed for these settlers.  If these
                     men were really unrequired by the H.B.C. & therefore worthless
                     to them, one years wages & provisions are not sufficient to
                     indemnify the Company against the loss sustained and from their
                     point of view they ought to have claimed more—if on the other
                     hand they were valuable to the Company either immediately or in
                     a short time after their arrival they ought to bear the charge.
                     If they became of value

 
                     12 or 18 months after their arrival it
                     is fair that the Company s
d incur the loss of the first year as
                     they receive the profits of the next eight—if they became
                     useful on their arrival a portion [of] the burden fairly rests
                     with the Company.  It seems to me—at least without further
                     explanation—that this claim goes beyond the just limits of
                     compensation—that we are accepting the loss and leaving them
                     the gain of the whole transaction.  We gave them the island for
                     nine years upon certain conditions—how far have those
                     conditions been carried out by them?  We are to receive it back
                     only on a payment of £225,000.
                     
                     3.  It is to be ascertained and considered whether the
                     establishments, buildings &c 
wh we are under the contemplated
                     arrangement to take into our hands are such as will be valuable
                     and

 
                     useful to us.  They may serve the purposes of the H.B.C. but
                     be of very inconsiderable use as far as we are concerned.
                     
                     4. Searching for Coal £12,469.5.7.
                     Granting the correctness of the claim of one years wages &
                     provisions to the settlers sent out by the H.B.C. part of the
                     cost here wd probably fall within the charge for that first
                     year—for either the men were directly employed in searching for
                     minerals, or they relieved others engaged upon different work
                     and enabled them to search.
                     
                  
                  
                     5. 
Land sales
                     are alluded to in these papers.  To whom has land been sold?  to
                     the settlers whose passage we are to pay?  to private
                     individuals?  to such a Company as the Puget Sound Company?  to
                     members of the H.B.C. itself?  In the next place upon what terms
                     have those sales been made?  has there been any precaution taken
                     to limit the quantities, the character, the localities of such
                     purchases?  We had experience

 
                     a few days since of the mischief
                     arising out of the unadvised
                     sale of 
Thetis Island.  Under the Grant the Company are required
                     to furnish statements of sales of land &c to the Home
                     
Govt—Has this provision been complied with?
                     
                     These questions I think deserve to be considered before taking
                     any definite step in this matter.
                     
                  
                  
                  
                  
                  
                  
                     This matter can only be settled by negociation with the Compy,
                     and by ascertaining their intentions as to continuance of their
                     trading establishments on the island.