<persName ref="prs:musgrave_a"><surname>Musgrave</surname>, <forename>Anthony</forename></persName> to <persName ref="prs:wodehouse"><surname>Wodehouse</surname>, <forename>John</forename><!--<roleName>Sir</roleName> <forename>Philip</forename> <forename>Edmond</forename>--></persName> 16 November 1870, CO 60:41, no. 142, 202. Musgrave addressee Kimberley

Published by Jim Hendrickson and the University of Victoria.

Musgrave, Anthony to Wodehouse, John 16 November 1870, CO 60:41, no. 142, 202.The Colonial Despatches of Vancouver Island and British Columbia 1846-1871, Edition 2.6, ed. James Hendrickson and the Colonial Despatches project. Victoria, B.C.: University of Victoria. https://bcgenesis.uvic.ca/B70145.html. CO 60:41 CO 60 41 142 202 145 B.C. 1870 received 2 January 1871 co_60_41_00203r.jpg Transcribed from microfilm archives, marked up in Waterloo Script, then transformed into TEI P5 XML.

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Musgrave, Anthony to Wodehouse, John 16 November 1870, CO 60:41, no. 142, 202.

Despatch to London. Minutes (3), Enclosures (untranscribed) (3), Other documents (1).

 Musgrave, Anthony Wodehouse, John Inserted revisionDesc with @status="unproofed". Changed idno @type="received" into a date element. Gave existing date an @type="sent" and reordered bibl contents.
No. 145 142, CO 60/41, p. 202; received 2 January 1871 16th November 1870 My Lord,

I have had the honor to receive Your Lordship's Despatch No 14 of the 1st September, with a copy of a further Letter received by your Department from Mr Nias, and expressing a desire to be informed whether Mr Nias has any ground for claiming a title to the land in question.

2.

2. I am advised by the Crown Law Officers that Mr Nias has not; and this is the point at issue between the Government and other parties as well as Mr Nias, who are in the same position. I enclose a Memorandum prepared by the Colonial Secretary which will I think afford Your Lordship the necessary information as to the circumstances of the case. There is not any desire to withhold from Mr Nias what he may be legally entitled to, but any concession to him of more than he canlegally legally establish would immediately be made a precedent in other instances.

I have the honor to be, My Lord, Your most obedient humble Servant A. Musgrave
Mr Herbert This appears to me a satisfactory explanation as regards the proceedings of the local GovtGovernment in Mr Nias' case—who I incline to think thought, with others, that he was doing a clever thing.

Mr Nias should have a copy of this Memo by the Colonial SecycompanySecretary, & be told that the SecycompanySecretary of State cannot interfere any further? This might be done in ackng q[uery] recdreceived from Mr Nias yesterday.

CC 3 Jan 71
Sir F. Rogers I agree. RGWH Jan 3/71
At once. I would not I think inform Mr Nias that the GovtGovernment were afraid of going to a jury (vide p. 5) but would merely say that the S. of State having enquired into the matter found that the GovtGovernment disputed Mr Nias' title—that the right in a case similar to his own (that of Dr Trimble) was under arbitration and that his case will be dealt with by GovtGovernment when a decision on that arbitration is obtained.

& that in any case the matter appears to be one to be settled by a Court of Law & not by the Secretary of State.

FR 4/1
P.J. Hankin, Colonial Secretary, memorandum outlining the nature of the dispute with Nias and others, with specific reference to a case involving Dr. Trimble presently before the Supreme Court which "will be a guide to the Government in their dealings with Mr Nias."
Vancouver Island Proclamation, signed by James Douglas, no date, detailing the method by which settlers may obtain land in the colony.
Hankin to Nias, 11 June 1870, advising his memorial would be answered as soon as the dispute with Dr. Trimble was concluded.
Herbert to Y.E. Nias, 17 January 1871, acknowledging his letter of 7 November 1870 and advising that the dispute should be settled in a court of law and not by the Secretary of State.