No. 11
               
            
            
               16 February 1860
               
            
            
               I have the honor to acknowledge the receipt of your Grace's Despatch
               N
o 24 of the 
1st December last, transmitting Copy of a letter from
               the Hudson Bay Company, enclosing one from 
Mr Dallas their Agent at
               this place, upon the subject of the repayment of the outlay I had
               incurred in erecting Public Offices in 
Vancouver's  Island Island
Island.
               
               2.  In reference thereto Your Grace remarks that the circumstances
               stated therein agree with the supposition originally formed by Your
               Grace that it was in the first instance intended that the cost of the
               buildings should be borne by the Mother Country, as coming within the
               Kind of expenditure incurred by the Hudson's Bay Company during their
               tenure of the Island; and your Grace therefore requires me to furnish
               some further explanation of the matter, and that I shall apprize you
               of the extent of the land surrendered to the Company's Agent to meet
               his advance, and of the 
mode
mode in which the price obtained for it was
               realized.
               
               3.  Having already in my Despatch N
o 47 of the 
12h September 1859,
               stated at some length to Your Grace the reasons which compelled me to
               institute measures to provide necessary and fitting accommodation for
               the transaction of the public business of the Colony, and of my
               inability to carry out my original intention of raising the requisite
               funds by the Sale of an allotment of Government reserved land, through
               my not being qualified to grant a Title; and also of the arrangement
               I consequently entered into with the Agent of the Hudsons Bay Company
               to surrender the land on condition of his placing at my disposal for
               
the
the erection of the Buildings the sum of money obtained by the Sale,
               I will not again touch upon these points, but will endeavor to lay
               before Your Grace such further information as I trust may disabuse
               your mind of the idea that I ever contemplated that the cost of these
               Buildings was to be ultimately
               "
repaid" by the Mother Country.
               
               4.  Your Grace will not fail to observe that in the letter of 
Mr
                  Dallas of the 
14h September 1859, no mention whatever is made of the
               land surrendered by me, but one would be led to infer that I had
               pressed upon him to advance the sum of about Twenty seven Thousand
               Dollars from the general funds of the Hudsons Bay Company, without 
in
in
               any way making provision for that sum being, almost before it was
               required, paid into their hands.  
Mr Dallas states that he advanced
               the money on condition that it should be passed by me "as coming
               within the head of sums expended by the Company during the period of
               their grant of the island."
               If by this 
Mr Dallas considered that I proposed the entire Advance
               should be repaid by the Home Government he was very much mistaken.  I
               had no objection to the amount being charged under the head of Sums
               Expended for Colonial purposes—indeed after the arrangement I had
               made to surrender the land, it was most desirable that it should be
               so—but it was my full intention that the 
money
money raised by the Sale of the land should be
               
accounted for, and should appear 
per contra; and therefore
               although the expense of the Buildings was in reality borne by the
               Colony—or more properly
               
the Crown—yet no actual 
repayment would be required to meet
               that expense.
               
               5.  I forward herewith a plan of the reserved portion of ground in
               question.  The whole piece contains an area of 2 Acres, 1 road, and
               19 2/10 perches.  The part surrendered to the Hudson Bay Company as
               before described contains 1 Acre, 3 Roads, and 19 4/10 perches, being
               the lots numbered on the plan from 1595 to 1626—except Lots 1603 and
               1605 on which at present stand two Government Buildings, one being
               the 
Post
Post Office.  There now remains of the original allotment about 1
               road, and 39 8/10 perches, occupied by the two Buildings just
               mentioned, and by the Police Court, Gaol and Yard, as exhibited by
               the plan.
               
               6.  The site was surveyed under the direction of the Colonial
               Surveyor, and sold after due notice at public auction to the highest
               bidder, and payment for the same was made into the hands of the
               Cashier of the Hudsons Bay Company.
               
            
            
               7.  I trust that this additional explanation may serve to place Your
               Grace in possession of the precise facts of the case, and that it may
               be satisfactory to you.
               
            
            
               8.  Before concluding I would desire to remark that I believe the
               
correspondence
correspondence enclosed by 
Mr Dallas in his letter of the 
14h
                  September and to which Your Grace adverts, in no way bears upon the
               case in point.  Those applications to 
Mr Dallas for money were
               simply to meet small items of current expense, most of which were
               incurred before the 
30th May 1859 and which under the state of things
               existing, I had no other means of defraying.
               
               I have etc.
               
               
            
            
            
            
               Minutes by CO staff
               
                
                  
                  
                     Mr Elliot
                     The report of the Governor on the points on which this Office has
                     called for explanation will not be complete until he shall have ans
d
                     the 
Duke of Newcastles despatch of the 
2 Jany.  I should suggest
                     therefore a short delay in the consideration of the subject.
                     
 
                  
                  
                  
                  
                  
                     Duke of Newcastle
                     Wait, as suggested?  I have asked 
 Mr Pemberton
Mr Pemberton, the Colonial
                     Surveyor (who sold the land in question) about this rather obscure
                     affair.  The fact is, that the H.B.Co. & 
Mr Dallas considered the
                     site of the old 
Govt offices as a portion of the "Fur Trade Reserve,"
                     of wh. we have heard so much lately, and therefore as their
                     
private property.  The Governor on the other hand holds it to
                     be 
Govt property,
                     
                     
                     
                        
                           
                           Private property of the Govt as being a Government Reserve.
                           
                      
                     
                     and to have been sold by the H.B.Co. in their public capacity.
                     
                     
                     
                        
                           
                           [But?] only in consequence of a defect in the title.
                           
                           
                           
                      
                     
                     In the former case, the money produced by the sale 
wd be an advance
                     from the Co., for wh. they 
wd be entitled to repayment.  In the
                     latter case, it would be merely a payment out of Colonial Revenue.
                     The decision of the Judicial Committee on the question of the Co's
                     title to their "Fur Trade Reserve" will, I suppose, carry
                     
this question with it.
                     
 
                  
                  
                   
               
               
                
            
            
               Documents enclosed with the main document (not transcribed)