<persName ref="prs:pelly_jh"><surname>Pelly</surname>, <forename>John</forename> <forename>Henry</forename> </persName> to <persName ref="prs:grey_g"><surname>Grey</surname>, <forename>George</forename></persName> 22 January 1847, CO 305:1, no. 93, 91. Pelly addressee Grey

Published by Jim Hendrickson and the University of Victoria.

Pelly, John Henry to Grey, George 22 January 1847, CO 305:1, no. 93, 91.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/V475HB01.html. CO 305:01 CO 305 1 93 91 V.I. 1847 received 23 January co_305_01_00045r.jpg Transcribed from microfilm archives, marked up in Waterloo Script, then transformed into TEI P5 XML.

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Public Offices document. Minutes (3), Enclosures (untranscribed) (1), Other documents (1), Marginalia (3).

Pelly again writes to Lord Grey on the subject of land grants to the Hudson's Bay Company in the wake of the Oregon Treaty of 1846. In response to Grey's earlier request, Pelly provides as an enclosure of historical significance: a case note drawn up for, and approved by, Attorney General John Jervis and Solicitor General David Dundas.

Pelly, John Henry
Hudson's Bay House
Grey, George Inserted revisionDesc with @status="proofed". Changed idno @type="received" into a date element. Gave existing date an @type="sent" and reordered bibl contents.
93, CO 305/1, p. 91; received 23 January 93 North America
Hudson's Bay House
January 22. 1847 My Lord

Mr Under Secretary Hawes, in the letter which, by your Lordship's direction, he did me the honour to address to me on the 14th Ult, stated that you were prepared to assent, on Her Majesty's behalf, to my propo-salproposal that certain lands in Vancouver's Island, or in other parts of the Oregon Territory, should be granted to the Hudson's Bay Company; but that before making that grant, you would require the production, by the Company, of an Opinion from Her Majesty's Attorney and Solicitor General to the effect that the acceptance by the Company of such a grant would be consistent with their Charter of Incorporation

On receiving this intimation I directed a Case to be drawn up for the Opinion of the Attorney and Solicitor General which Case, with their Opinion thereon, I have the honour to transmit to your Lordship herewith.

Your Lordship will perceive that the question raised in the Case is confined to the single point on which you expressed a wish to receive information, namely, whether the Hudson's Bay Company have power under their Charter to hold lands, within Her Majesty's Dominions, westward of the Rocky Mountains.

I have the honour to be My Lord Your Lordship's Obedient humble Servant JH Pelly This addressee information appears at the foot of the first page of the despatch.To the Right Honourable The Earl Grey &c &c &c.
25 Jany MrHawes The next step is, I apprehend to desire the Compy to transmit the Draft of such a Grant from the as they are desirous to receive from the Crown, of the Lands in question. JS Jy 25 BH G. 27/
Draft, Hawes to Pelly, 2 February 1847, saying Grey is prepared to "receive and consider the Draft of such a Grant as the Company would desire to receive. . . ."
The following case, though not transcribed here at this time, is significant. It details a legal opinion as to whether or not, and to what extent, the Hudson's Bay Company is able "to receive and hold in their Corporate Capacity any Lands within the Dominions of the British Crown" westward of the Rocky Mountains. The basis for this legal argument invokes the "Charter granted by Charles the 2nd in the year 1670."Case presented by Crowder and Maynard on behalf of the Hudson's Bay Company, no date, as per despatch.The following minutes appear on the enclosure document.
For the opinions of the AttyAttorney GenlGeneral, & to confer with the Solr GenlGeneral. BP Compy  2
The charter ordains that the Company shall at all times thereafter be capable to purchase & retain lands. Their ability in that respect is not therefore limited to the lands specifically granted by the charter, and if, as is stated, the charter contains no limitation preventing them from acquiring land beyond a particular district, we are of opinion that they may receive & hold in their Corporate Capacity and lands within her Majestys Dominions situate westward of the Rocky Mountains — Temple   19 Jany 47. John Jervis. David Dundas.
Printed for Parlt 10 Aug /48 (P.P. 619)
No 5
This text runs perpendicular to main body text; see image scan.Ansd. 2d Feby