17 March 1863
               
               My Lord Duke,
                
            
            
            
            
               In my letter to your Grace of the 
3rd November last I had the honour
               to place before your Grace the sketched Maps of the property which
               
Mr W.A. Young had forwarded to the Company
for
 for Conveyance to the
               Crown and I was not aware that there was any difficulty in regard to
               them except as to the site to be reserved for the Harbour Master.  I
               however immediately wrote out to the Company's Agents with directions
               to have a plan made of the whole Island shewing exactly, also what
               had been disposed of and what remained for the Government, and I
               ventured to suggest that your Grace should give instructions to the
               Agents of the Crown for the Colony to make a similar plan.  Indeed I
               was surprised to find from 
Governor Douglas' letter that he should
               not have provided himself with a correct plan of
the
 the whole Island,
               and of the different holdings by parties who had acquired any portion
               of it.
               
               I have always understood that there was such a plan in the Office of
               the Colonial Secretary, although it has been intimated to us that
               alterations have from time to time been made in it.
               
            
            
               I beg to assure your Grace that it is the earnest desire of this
               Company to adhere most strictly and in perfect good faith to the
               conditions of the Agreement entered into with the Government and I
               quite assent to your Grace's suggestions
that
 that no grants made by the
               Company within the 
Victoria reserve after the 
1st of January 1862
               ought to be recognised by Her Majestys Government, unless it could be
               shown that the negociations for them had proceeded so far before that
               date as to make their completion a matter of right, and it has never
               been intended to raise any question as to the right of the Crown to
               receive the price of any land sold after the 
1st of January 1862.
               My belief is that it will be found that there is none such.
               
               It is quite obvious that
Governor Governor Douglas
 Governor Douglas' communications are
               conceived in a spirit of hostility to the Company and their
               representatives in the Island, and it is very strange that as the
               reserve in question was planned by himself while in the Company's
               employ that he should not have himself any map or plan shewing its
               exact boundaries.
               
               I am however now enabled to inform your Grace that by the last Mail
               we have received from our Agent 
Mr Mctavish full particulars of the
               land to revert to the Crown with a Map shewing its exact position and
I
               I cannot do better than transmit herewith for your Grace's
               information a copy of the plan and of a letter from 
Mr Mactavish in
               reference to it.  The plan was forwarded by 
Mr Mctavish to 
Mr Young
               the Colonial Secretary on the 
7th of January last.
               
               I beg to add that from the communications received from the Company's
               Officials it is quite clear that the mention of Fort Street as the
               site of the Office for the Harbour Master instead of Broughton Street
               was purely a clerical mistake, as in the Company's plan in
the
 the Island
               it is marked as being at the foot of Broughton Street, and the land
               at the foot of Fort Street is covered with buildings long previously
               erected by the Company and occupied by their Officers, and the clear
               understanding was that the Office for the Harbour Master was to be
               erected on a part of the vacant ground.
               
               I hope therefore that your Grace will give instructions to His
               Excellency 
Governor Douglas for the correction of this error.
               
               I have the honor to be,
               My Lord Duke,
               Your Grace's most obedient
 
               humble Servant,
               
H.H. Berens
               
               Govr
               
               
P.S. Since the above was written a letter has been received from
               
Mr Dallas dated 
January 21st 1863 in which he defends himself from
               the charge brought against him of having led Her Majestys Secretary
               for the Colonies into error with respect to the arrangement concluded
               for the settlement of the Company's Land Claims at 
Victoria; and in
               compliance with 
Mr Dallas request I have the honour of transmitting
               a copy of the letter herewith.
               
H.H. Berens
               
               Govr
               
               
               Documents enclosed with the main document (not transcribed)
               
                
                  
                  
                     Dugald Mactavish, Chief Factor, Hudson's Bay Company, to 
Thomas
                        Fraser, Secretary, Hudson's Bay Company, 
21 January 1863, forwarding
                     correspondence relating to the settlement of the land question, with
                     explanation of the quantities of land to revert to the Crown.
                     
 
                   
                  
                  
                     Mactavish to 
W.A.G. Young, Colonial Secretary, 
7 January 1863,
                     forwarding copy of a map showing the land to the south and west of
                     
James Bay and providing a detailed explanation of its contents.
                     
 
                   
                  
                  
                     Young to 
Mactavish, 
8 January 1863, acknowledging receipt of his
                     letter and enclosure and advising that they had been laid before the
                     governor for his immediate consideration.
                     
 
                   
                  
                  
                     A.G. Dallas to 
Fraser, 
20 January 1863, commenting at length on
                     the charge that he had "led the Government into error, and that they
                     had expected more land then they were likely to obtain."
                     
 
                   
            
            
               Other documents included in the file
               
                
                  
                  
                     Draft reply, 
Newcastle to 
Douglas, No. 19, 
14 May 1863, which informs 
Douglas that 
Newcastle received his despatches and has transmitted them to the HBC, forwards a copy of 
Berens' reply, and advises 
Douglas on matters of correspondence with the HBC.
                     
 
                  
                  
                     Elliot to Emigration Commissioners, 
20 March 1863, forwarding copy of the
                     letter and enclosures for their suggestions and observations.