<persName ref="prs:douglas_j"><surname>Douglas</surname>, <forename>James</forename></persName> to <persName ref="prs:newcastle"><surname>Pelham-Clinton</surname>, <forename>Henry</forename> <forename>Pelham</forename> <forename>Fiennes</forename></persName> 10 January 1861, CO 305:17, no. 2038, 27. Douglas addressee Newcastle

Published by Jim Hendrickson and the University of Victoria.

Douglas, James to Pelham-Clinton, Henry Pelham Fiennes 10 January 1861, CO 305:17, no. 2038, 27.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/V61006.html. CO 305:17 CO 305 17 2038 27 6 V.I. 1861 received 7 March co_305_17_00028r.jpg Transcribed from microfilm archives, marked up in Waterloo Script, then transformed into TEI P5 XML.

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Despatch to London. Minutes (3), Enclosures (untranscribed) (2), Other documents (1).

Douglas complains to Newcastle that the temporary requirement that all land transactions on Vancouver Island be approved by the HBC by forwarding the transfer documents from the colony to the company's London office, and then waiting for their return, is causing considerable delays. He also complains about what he feels is a lack of cooperation from the company in addressing these delays and other outstanding issues regarding the transfer of land.

Douglas, James Pelham-Clinton, Henry Pelham Fiennes Inserted revisionDesc. added, edited, or reviewed abstract
No. 6 2038, CO 305/17, p. 27; received 7 March 10 January 1861

With reference to Your Grace's Despatch of the 28th June 1860, No 26, upon the subject of the resumption of Vancouver's Island by Her Majesty's Government, and of the temporary arrangementmade made for the disposal of land not heretofore dealt with by the Company, I have the honor to acquaint Your Grace that I received by the same Mail with Your Despatch, the undertaking, to which you allude, from the Governor of the Company, to confirm all sales of such land that I might make.

2. There is however, one serious drawback to this arrangement, for by it, all the Deeds must be forwarded to the Companyin in England to be perfected by the attachment of the Corporate Seal of the Company, the use of which it is stated cannot be delegated. I am not aware whether Your Grace contemplated this process, but it is one which will be productive of much embarrassment. Under the old system when Land was paid for by instalments the practice was found inconvenient, but under existing circumstances, when Land may be sold by Auction and paid forat at once, the delay and uncertainty attending the issue of the Title may, I fear, have the effect of depreciating its value.

3. As an instance of the delay consequent upon sending the Deeds to England, I would mention that in February 1859, certain Title Deeds were forwarded for execution, and that up to the present time they have not been returned. Constant enquiries have been made at the Land office for them, and their non-arrival, combined with a rumour which has circulated that the Company do not intend to confirm the appropriation made of Land for the Public Park and Church Reserves, has created a feeling of distrust embarrassing to this Government.

4. I have specially addressed the Company upon the subject of the non-arrival of these Deeds, and in replying to the Communication before alluded to, from the Governor of the Company, I have again adverted to the circumstanceas as will be seen from the Copy of the letter I enclose herewith.

5. My recent Despatch No 51 of the 7th December last, will throw much light upon the claim, now under the consideration of the Judicial Committee of the Privy Council, made by the Company to 3084 acres around Fort Victoria; and I trust I may be pardoned for urging upon Your Grace that no settlement of the claim should beadmitted admitted which would in any way infringe upon the Reserves made and virtually guaranteed to the Public by being marked upon the Official Plan, and used as appropriated.

6. To convey a clearer idea of the position of the land in question, I forward herewith a Rough Sketch Map of the Town of Victoria and Environs, upon which the portions reserved for Governmental and Publicpurposes purposes are distinctly noted and marked in color.

I have the honor to be My Lord Duke, Your Grace's most obedient and humble Servant James Douglas
Mr Elliot Land Board? ABd 7/March/61
Mr Fortescue Refer to them in the first instance? TFE 7/3
At once. CF 8
Douglas to Governor H.H. Berens, Hudson's Bay Company, 8 January 1861, explaining the difficulty anticipated if deeds of conveyance were to be forwarded to London for execution, using as an example the non-return of deeds sent for execution in 1859, as per despatch.
"A Sketch Map of the City of Victoria and Environs, exhibiting the Reserves made of Land for governmental and public purposes."
Draft reply, Newcastle to Douglas, No. 54, 15 April 1861, acknowledging the problems that sending land transfers to the HBC in London is causing, but informing Douglas that the temporary process appears to be unavoidable until negotiations between the company and the government regarding the reconveyance of Vancouver Island to the Crown are concluded.