Richards to Elliot (Assistant Under-Secretary)
               
            
            
               
               
                     Hydrographic Office, Admiralty
                     
                  
               20th August 1864
               
               Sir,
                
            
            
               I have the honor to acknowledge the receipt of your letter of 
19th
                  instant enclosing copies of dispatches from the Governor of 
Vancouver
                  Island on the subject of the ownership of 
Fisgard Island, and
               requesting that I will communicate to you for 
Mr Cardwell's use any
               information I may be able to supply relative to the ownership of this
               Rock in the first instance by a Private Individual.
               
               Previous to the transfer of the Colony of 
Vancouver Island from the
               Hudson's Bay Company to Her Majesty's Government, the whole or nearly
               the whole of the Shores of 
Esquimalt Harbour together with the
               numerous small Islands in it were owned either by the 
Puget Sound
               Company or by private individuals.
               
               The property of Belmont at the Entrance of the harbour was I believe
               owned by 
Mrs Young before her marriage, or by her father, and
               
Fisgard Island, a bare Islet between
100
 100 and 200 yards in extent and
               20 feet high, lying about 100 yards from Belmont, was I believe an
               adjunct of that property.
               
               When the Colony was established under Government auspices and became
               the head quarters of the Navy with a prospect of Government
               Establishments Light Houses &c, the price of land in 
Esquimalt
                  Harbour rose very considerably.
               
               Although 
Fisgard Island is very small and of no intrinsic value, yet
               I think it must be considered in the same category as various other
               apparently equally valueless spots of ground in 
Esquimalt, and when
               it was chosen as the site of a Light House.  I do not think it was
               unfair that the Proprietor of it should have expected some
               remuneration, nor do I conceive, looking to parallel cases, that the
               remuneration paid to 
Mrs Young was unreasonable.
               
               As regards the money having been paid before a deed of Transfer was
               made; there was not the greatest regularity observed in such matters
               owing to the want of Legal Officers &c, but I apprehend that the
               omission lay with the Surveyor General,

 and not with 
Mrs Young.
               
               I beg to enclose a Chart of 
Esquimalt Harbour by which 
Mr Cardwell
               will better understand the bearings of the case, and I shall be very
               happy to give any further information personally if required.
               
               Minutes by CO staff
               
                
                  
                  
                  
                  
                     I think the 
Govr shd be ans
d by sending him a copy of this report
                     of the Hydrographer of the Adm
y, & that he 
shd be instructed to
                     follow the advice of the Attorney 
Genl of 
V.C.I. as to the proper
                     mode of completing the conveyance to the Crown of 
Fisgard Island, as
                     the Surveyor 
Genl has neglected to sign the Deed.
                     
                  
                  
                     But the Governor asks us to communicate on the subject with 
Mr Young
                     who is in this Country.  Have we got his address?
                     
 
               
               
               
               
                  
                  
                     I cannot help thinking that 
Gov Kennedy may be unnecessarily
                     apprehensive about this Case.  I submit a draft of a reference to the
                     Land Board.
                     
 
                
            
            
               Documents enclosed with the main document (not transcribed)
               
               
                
            
            
               Other documents included in the file
               
                
                  
                  
                     Elliot to Emigration Commissioners, 
29 August 1864, forwarding
                     copy of correspondence relative to the dispute over ownership
                     of 
Fisgard Island for their observations.