Murdoch to Elliot (Assistant Under-Secretary)
               
            
            
               
               
                     Emigration Office
                     
                  
               13 November 1862
                
            
            
               I have to acknowledge your letter of 
7th instant, with one from the
               Hudsons Bay C
o on the subject of the recent Agreement between the
               Company and H.M. Government relative to land in the 
City of Victoria
               Van Couvers Island.
               
               2.  By that Agreement it was stipulated that all unsold land in
               
Victoria should revert to the Crown, except 50 Acres to be selected

               by the Company South of 
James' Bay.  In transmitting the Agreement to
               
Governor Douglas he was directed by the 
Duke of Newcastle to reserve
               out of the lands to be surrendered a site for barracks.  He answered
               that in fact after the selection of the 50 Acres above referred to by
               the Company there would remain no land to be surrendered to the
               Crown, and he intimated that 
Mr Dallas had taken a skilful advantage
               of his local knowledge to mislead the Government into the supposition
               that they were recovering for the Crown a considerable extent of Land,

               whereas they were in reality giving up to the Company what the Crown
               was before entitled to.
               
               3.  This despatch was communicated to the Hudsons Bay C
o.  In his
               answer 
Mr Berens makes no allusion to the deception said to have
               been practised by 
Mr Dallas, but expressed the anxiety of the
               Company to carry the Agreement into operation as quickly as possible,
               and discusses a question that has arisen in the Island between the
               Local Government and the Company's Agent, as to the site to be
               surrendered for a Harbour Masters Office.

  In that question the 
Duke
                  of Newcastle will probably not desire to enter before receiving a
               report from the Governor, and if so I would submit that M
r Beren's
               letter should be transmitted to 
Governor Douglas and that 
Mr Berens should be informed of his Grace's decision.
               
               4. 
Mr Berens offers to furnish copies of the plans of the Land to
               be surrendered which had been forwarded to the Colonial Secretary by
               the Company's Agent.  If no copies of these plans have been received
               at the Colonial Office (as I suppose is the case) his offer should, I
               presume, be accepted [marginal note:  None have been received].  They
               may probably show how far 
Governor Douglas
 is justified in stating
               that the Government had been overreached by 
Mr Dallas.
               
               5. 
Mr Berens likewise suggests that the reconveyance of the whole
               Island and of the Land at 
Victoria should be comprized as a single
               instrument and that with a view to its preparation and execution in
               this country instructions should be sent to the Governor to forward a
               plan of the Island showing the portions of it to be excepted from the
               reconveyance.  He states that very pressing instructions to this
               effect have been sent by the Company to their Agent.  I presume that
               the 
Duke of Newcastle will

 issue the instructions suggested to the
               Governor, but to prevent the difficulty and delay which would arise
               from discrepancies between the Maps sent home by the Governor and the
               Companys Agent it would be very desirable that those officers should
               communicate with each other on the spot—and agree on the exact
               extent of the reservations to be made and the manner in which they
               should be described in the reconveyance.
               
               I have the honor to be
               Sir
               Your Obedient
               Humble Servant
               
T.W.C. Murdoch
               
               Minutes by CO staff
               
                
                  
                  
                     Mr Elliot
                     See 10823 from the H.B. Company.  The Mail will be despatched
                     tomorrow.
                     
 
                  
                  
                  
                  
                  
                     I suppose that 
Mr Murdoch's advice will be likely to be followed.
                     As the mail goes tomorrow, I have thought that it may be best to
                     forward with 
Mr Murdoch's report, for consideration, the draft of a
                     despatch executing it's suggestions.
                     
 
               
               
                
            
            
               Other documents included in the file
               
                
                  
                  
                     Colonial Office to 
H.H. Berens, Hudson's Bay Company, 
15 November
                        1862, responding to the contents of his recent letter and observing
                     that no comment had been made on the charge by 
Douglas that 
Dallas
                     had "led the Government of this country into error on the extent of
                     land which the Crown would recover by the Agreement
                     relative to lands in the 
City of Victoria."
                     
 
                  
                  
                     Elliot to Emigration Commissioners, 
18 November 1862, forwarding
                     copies of a despatch sent to 
Douglas and a letter sent to the
                     Hudson's Bay Company relative to their report.