<persName ref="prs:shepherd"><surname>Shepherd</surname>,<!--<roleName>HBC Governor</roleName>--><!-- GL, Not sure if HBC Gov role is really needed, it is explained in the bio and I don't think other HBC governors have the roleName --><forename>John</forename></persName> to <persName ref="prs:labouchere_h"><surname>Labouchere</surname>, <forename>Henry</forename></persName> 3 December 1856, CO 305:7, no. 10962, 413. Shepherd addressee Labouchere

Published by Jim Hendrickson and the University of Victoria.

Shepherd,John to Labouchere, Henry 3 December 1856, CO 305:7, no. 10962, 413.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/V565MI31.html. CO 305:07 CO 305 7 10962 413 V.I. 1856 registered 4 December co_305_07_00415r.jpg Transcribed from microfilm archives, marked up in Waterloo Script, then transformed into TEI P5 XML.

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Public Offices document. Minutes (4), Enclosures (untranscribed) (1), Other documents (1).

Shepherd writes to Labouchere regarding the application of a Native of Germany for settlement on Vancouver Island. The HBC would enjoy the arrival of industrious German emigrants but is concerned that there is policy which precludes the sale of land to anyone who is not a British subject. Shepherd enquires if this is the case and if it would be possible to modify the condition so as to allow a limited number of German or other foreigners, to acquire land in Vancouver’s Island.

The minutes confirm that the grant given to the HBC precludes them from selling to anyone other than a British subject. The second question is left to Labouchere who does not think that it would be expedient to alter the letters patent at a moment.

Enclosed is a draft from Merivale to Shepherd suggesting the the HBC seek a legal opinion to their concerns but that at present the government was not interested in altering the letters patent. Merivale, however, noted on this document, after examining the grant further, that the provision does not forbid sale of land to foreigners (they being naturalized).

Enclosed is a letter from Herman Cordua to Alexander Barclay asking if he would be permitted to settle a group of German emigrants on Vancouver Island.

 Shepherd,John
Hudson's Bay House
Labouchere, Henry Inserted revisionDesc with @status="unproofed". Changed idno @type="received" into a date element. Gave existing date an @type="sent" and reordered bibl contents.
Shepherd to Labouchere 10962, CO 305/7, p. 413; registered 4 December
Hudson's Bay House
December 3rd 1856 Sir,

I have the honour to enclose a Copy of an application that has lately been made to the Committee of the Hudson's Bay Company by a Native of Germany with reference to Vancouver's Island.

So far as the Hudson's Bay Company is concerned, they would have much pleasure in seeing a large number of industrious German Emigrants, who are generally very good settlers, located in Vancouver's Island, but it appears to the Committee that by the terms of the Grant of Vancouver's Island, the Hudson's Bay Company is precludedprecluded from selling land to other than British Subjects.

Under the circumstances, I beg respectfully to enquire

1st Whether, in the opinion of Her Majesty's Government, the Hudson's Bay Company is Precluded from disposing of land in Vancouver's Island to other than British Subjects, and

2nd Whether, supposing this to be the case, the Government is prepared to modify the condition so as to allow a limited number of German or other Foreigners, to acquire land in Vancouver's Island.

I have the honour to be Sir, Your most obedient humble Servant John Shepherd GovrGovernor
Mr Merivale With regard to the first question I annex the grant, which appears to me to preclude the Company from disposing of Land to other than Emigrants from the United Kingdom. The second question will be one for Mr Labouchere's consideration? VJ 5 Decr
Mr Jadis has clearly pointed out the answer to the 1st question. The 2d is for Mr Labouchere's consideration.

Supplementary letters patent would apparently be necessary.

HM D 5
Answer the 1st question as proposed. With regard to the 2d—say that I do not [think] that it would be expedient to alter the letters patent at a moment when it is proposed to submit the affairs of the H.B. Compy to the consideration of a Committee of the H. of C. and upon statement of so vague a character. HL D 9
Draft, Merivale to Shepherd, 17 December 1856, suggesting the Company seek a legal opinion as to whether they could dispose of land to other than British subjects, but stating that the government was not presently prepared to consider altering the letters patent should such course be deemed necessary.
Mr Labouchere On farther examining the terms of the grant, it appears to me, after all, that they do not forbid sale of land to foreigners (they being naturalized) though certainly they do not seem to contemplate it. To this extent I would propose to modify the present draft? HM
Herman Cordua to Alexander Barclay, Secretary to the Hudson's Bay Company, 31 October 1856, asking whether he would be permitted to settle a group of German emigrants on Vancouver Island.