CONFIDENTIAL.
Vancouver's Island.
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IN the year 18231821, after the long-continued differences
between the Hudson's Bay Company and the North-West Company had ended in
an amalgamation, an Act passed (1 and 2 Geo. IV, c. 66) empowering the
Crown to grant exclusive privileges of trade with the Indians in such
parts of North America as were neither within the original Hudson's Bay
Company's charter, nor part of any already established province.
Under this Act the Hudson's Bay Company received exclusive
privileges of trade over what is termed the North-West Territory. Their
present licence bears date May 1330, 1838, and will last until May 13, 1859. It contains, however, a power of revocation as to any territories
which may in the interval become comprised in any colony.
The so-called North-West Territory was bounded at this period, eastward by the Rocky Mountains; north by the Russian territories and the
Frozen Ocean; south by the undetermined frontier of the United States.
The Puget's Sound Company, established about This blank space was left, presumably, for the entry of the appropriate date., are a branch of the Hudson's Bay Company, constituted mainly for the purpose of
conducting agricultural undertakings in these north-western regions,
which had been found to contain districts far more suitable for this
purpose than any in Rupert's Land, the territory comprised in the Hudson's Bay Company's original grant. The Puget's Sound Company
possessed in 1846 considerable establishments of this kind on the banks
of the Columbia; and there was also one on
[104]
B2
the southern point of
Vancouver's Island, an island containing about 10,000 or 12,000 square miles (English) and adjoining the main land from west latitude 48° to
51°. On this latter about twenty-seven servants of the Company were
established at the date of the last particular accounts (April 1848).
In June 1846 the Treaty of Washington was made. By this Treaty the
Puget's Sound Company's esta-
blishmentsestablishments on the Columbia were placed within
the United States' territory, and the United States engaged to purchase
this property, the negotiation for which purpose is still pending.
This circumstance induced the Company to turn their attention more
than before to their establish-
mentestablishment on Vancouver's Island. Accordingly, in September 1846 they commenced negotiations with
son'sHudson's Bay
Company then proposed that a grant should be made to them of all the
Crown lands in the North-West Territory. This was not acceded to, but it
was ultimately agreed that a grant of the land of Van-
couver'sVancouver's Island should be made to them.
This grant is embodied in a charter, which, after reciting the
original charter of the Hudson's Bay Company, the Act of 1 and 2 Geo. IV,
and the licence of May 1330, 1838, and the provisions of the Treaty of
Washington, grants the land of Van-
couver'sVancouver's Island with all mines to the Company. The condition of the grant is declared to be the colonization
of the island. With this object the Company are bound to dispose of the land in question at a reasonable price, and to expend all the sums they
may receive for land or minerals (after the deduction of not more than 10
per cent. for profit) on the colonization of the island, reserving also to the Crown at a reasonable price such land as may be required for naval establishments.
The manner in which these provisions are intended to be inforced is
this. The Company are to certify every two years the number of their
colonists and 3the amount of their land sold; and after five years Her
Majesty's Government has power to cause a farther inquiry to be made into
the condition of the island. If the result of this inquiry be that Govern-
mentGovernment is certified that the conditions of the grant are not fulfilled, the grant may be revoked.
When the Company's licence to trade terminates, i.e. in 1859, Government may repurchase the land on repayment of the sums expended by
the Com-
panyCompany on the island and the value of their esta-
blishmentsestablishments.
The grant contains no provision respecting the government of the
island. The power of the Crown in this respect, therefore, remains the
same as in the case of any other settlement formed by British sub-
jectssubjects.
And it is proposed to issue a Commission and Instructions, under which
the Legislature of the island will consist of a House of Assembly elected by freeholders owning land to the extent of This blank space was left, presumably, for the entry of the appropriate number. acres and a Council nominated in the usual manner by the Crown.
The whole of these necessary arrangements may be effected without
the aid of Parliament, except as to one point. By the 1 & 2 Geo. IV, c.
66, already referred to, the cognizance of all cases amounting to 200l. in
value, and of all criminal cases of a capital or transportable nature
(within the Indian territories, except that portion comprised in the
original charter of the Hudson's Bay Company), appears to be vested in
the courts of Upper Canada. Consequently it should seem that
jurisdiction over such cases cannot be conferred by Her Majesty without
the aid of Parliament on any courts to be constituted in Vancouver's Island or elsewhere in the parts of North America to which the Act
applies.
With regard to the Indians it has been thought on the whole the
better course to make no stipula-
tionsstipulations respecting them in the grant. Little is in fact known of the natives of this island, by the Company or by any one else. Whether they are numerous or few, strong or weak;
whether or not they use the land for such purposes as would render the
reservation of a large portion of it for their use important or4 not, are
questions which we have not the full mate-
rialsmaterials to answer. Under these
circumstances, any provisions that could be made for a people so distant
and so imperfectly known, might turn out impedi-
mentsimpediments in the way of
colonization, without any real advantage to themselves. And it is
thought the more safe to leave this matter to the Company, inas-
muchinasmuch as
its dealings with and knowledge of the North American Indians are of
course very exten-
siveextensive; and inasmuch as, notwithstanding the many
accusations of which that Company has been the object, no distinct
charges of cruelty or miscon-
ductmisconduct toward the Indian tribes under its
control have been made out by reasonable evidence; while every year
brings painful accounts of mutual wrongs and mutual revenge between
Indians and whites from the neighbouring regions not under their con-
trolcontrol.
It must however be added that in parting with the land of the island Her
Majesty parts only with her own right therein, and that whatever measures
she was bound to take in order to extin-
guishextinguish the Indian title are equally obligatory on the Company.
The general effect of the grant therefore is that the Company hold
the land, as any individual grantee might hold it, without any powers or
authorities such as are contained in their old charter. These remain
with the Crown. And as they are bound to part with the land by sale on
reasonable terms, their vendees become wholly independent of the Com-
panyCompany,
except as regards the licence of the latter to take minerals.
The Company's licence for exclusive trade is not touched. By
the terms of that licence, as has been said, the Crown may
revoke it as to any colony which may be established within its
limits. It is therefore revocable at any time, as to
Vancouver's Island, should sufficient reason be shown for
revoking it, notwithstanding the grant of the land.
That as far as regards their power, the Hudson's Bay Company are
better fitted than any association of individuals can be to form
a settlement in Van-
couver'sVancouver's Island, cannot be doubted. They
have already the exclusive Indian trade of the island and the
adjoining continent; and although, if a settle-5 ment had been
formed by other adventurers on the island, the licence would
have been revoked quoàd the island, yet as it must have remained in force for eleven
years, as regards the continent, the settlers would have found
themselves hemmed in by the territories of a company which (if
half that is alleged of its monopolising spirit be true) might
have placed them effectually under its subjection. They have
also already a flourishing and increasing establishment on the
island itself. They have a still larger and indeed very
extensive establishment on the Columbia, of which, if they can
effect their negotiation with the United States, it would be
their interest to transfer as much as was capable of transfer to this island. They have numerous ser-
vantsservants, a most remarkable and
effective system of discipline, great power over the Indian
tribes. These qualities are fully conceded to them by their
enemies, and especially by their rivals the Americans, and they
are qualities which would be serviceable for the purpose of
colonization as for those of trade, if the Company was willing
to use them.
But it is said they are not willing; that their only object is
exclusive trade; their only purpose in obtaining possession of
Vancouver's Island, the ex-
clusionexclusion of competition. How far this
is true in fact of the present policy of the Directors, must be
judged of as a matter of evidence, not of reasoning. But
assuming this to be the traditionary policy of the Company, it
is evident that its application must depend on the respective
circumstances of the different portions of their immense
territories. In by far the greater part of these the Fur trade
is the only employment which affords a chance of profit; and we
may well suppose the main object of the Company to be to secure
the monopoly of it, and that for this purpose they would
discourage colonization in these regions by other parties, if
any attempt was made at an undertaking against which nature has
interposed such powerful obstacles. But the case is very
different with the narrow maritime region of the north-west
with its comparatively mild climate. There, the Fur trade must
soon be, if it is not already, a very secondary matter. The
very natives of that tract are not so much hunters as C6fishermen
and root-diggers. If that region is worth holding, it must be
not as a game preserve, but for purposes of trade, to which its
situation so well adapts it, with the neighbouring American
country, with the numerous and very commercial population of the
South Sea Islands, and eventually to more distant markets.
For these purposes, colonization would apparently be to the
Hudson's Bay Company an advantage instead of a loss, in the
strictest mercantile sense. And the evidence that they so feel
it is to be found in the remarkable progress already made in
agricul-
turalagricultural undertakings, so foreign to their ancient policy on
the Columbia, and in this island itself.
The Company have now passed resolutions to the effect that land
in Vancouver's Island is to be sold to emigrants in lots of not
less than twenty acres, at the rate of 1l. per acre, taking out
with them five single men or three married couples for every
hundred acres; the Company reserving a right to dig for
minerals, but leaving also the same right to the owner of the
land, on payment of a royalty of 2s. 6d. per ton. The company
by their resolutions further agree to reserve one-eighth of the
land or the proceeds for religious purposes.
(See the Resolutions annexed.)
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7
Resolutions of the Hudson's Bay Company
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COLONIZATION OF VANCOUVER'S ISLAND.
WHEREAS, by a Royal grant or Letters Patent under the Great Seal
of the United Kingdom of Great Britain and Ireland, bearing date
at Westminster, the thirteenth day of January, one thousand
eight hundred and forty-nine, the conditions of which are
hereunto appended, Her Gracious Majesty Queen Victoria did give,
grant, and confirm to the Governor and Company of Adven-
turersAdventurers of
England, trading into Hudson's Bay, and their successors, that
portion of North American called Vancouver Island: and whereas
the said Governor and Company are desirous of effecting the
objects therein set forth, resolved, that the Committee are
ready to make grants of land to any emigrants from Great Britain
or Ireland, or from any other part of Her Majesty's dominions,
who may be desirous of settling on the said island, on the
following conditions:—
1st. That no grant of land shall contain less than
twenty acres.
2nd. That the purchasers of land shall pay to the Hudson's
Bay Company, at their House in London, the sum of one pound per
acre for the land sold to them, to be held in free and common
soccage.
3rd. That purchasers of land shall provide a passage to
Vancouver's Island for themselves and their families, if they
have any; or be provided with a passage (if they prefer it) on
paying for the same at a reason-
ablereasonable rate.
4th. That purchasers of larger quantities of land shall pay
the same price per acre, namely, one pound, and shall take out
with them five single men, or three married couples, for every
hundred acres.
5th. That all minerals, wherever found, shall belong to
the Company, who shall have the right of digging for the same,
compensation being made to the owner of the soil for any injury
done to the surface; but that the said owner shall have the
privilege of working for his own benefit any coal mine that may
be on his land, or payment of a royalty of two shillings and
sixpence per ton.
6th. That the right of fishing proposed to be given to the
Hudson's Bay Company in the grant as printed in the
Parliamentary Papers, relative to Vancouver's Island, having
been relinquished, every freeholder will enjoy the right of
fishing all sorts of fish in the seas, bays, and inlets of, or
surrounding, the said island; and that all the ports and
harbours shall be open and free to them, and to all nations,
either trading or seeking shelter therein.
Resolved,—That as it is essential to the well-being of society
that the means of religious instruction should be within the
reach of every member of the community, provision be made for
the establishment of places of public worship, and for the
maintenance of ministers of religion.
Resolved,—That for these purposes a plan, of which the
following is an outline, be adopted:—
1st. The island is to be divided into districts of from
five to ten square miles where it is practicable.
2nd. A portion of land equal to one-eighth of the quantity
sold to be set aside for the minister of religion. Thus, in a
district of ten square miles, con-
tainingcontaining 6,400 acres, supposing
5,120 acres sold, the minister would be entitled to 640 acres.
The remaining 640 acres would be available for 8roads, site for
church and churchyard, schools, or other public purposes; the
land so reserved, or its proceeds, to be appropriated for these
purposes in such manner as may appear advisable.
3rd. With the view of enabling the ministers
to bring their lands into cultivation a free passage to be granted to such a
number of persons as a settler having an equal quantity of land
would be required to take out, the cost to be paid out of the
fund held in trust for the benefit of the colony.
4th. The several apportionments for purposes of religion to be conveyed to, and to be held by, the Governor and Council, in trust for the parties appointed to perform the clerical duties of the respective districts.
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