<persName ref="prs:head_ew"><surname>Head</surname>, <forename>Edmund</forename> <forename>Walker</forename></persName> to <persName ref="prs:rogers_f"><surname>Rogers</surname>, <forename>Frederic</forename></persName> 24 October 1864, CO 305:24, no. 9841, 207. Head addressee Rogers (Permanent Under-Secretary)

Published by Jim Hendrickson and the University of Victoria.

Head, Edmund Walker to Rogers, Frederic 24 October 1864, CO 305:24, no. 9841, 207.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/V645MI07.html. CO 305:24 CO 305 24 9841 207 V.I. 1864 received 25 October co_305_24_00209r.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 (2).

Head sends detailed legal documents filed in the Supreme Court of Civil Justice relating to proceedings commenced against the Hudson's Bay Company. He comments that in his opinion the legal proceedings were at variance with a prior agreement that stipulated all HBC land sales prior to 13 January 1862 would be held valid. The Colonial Office sends the documents to the Land Board.

 Head, Edmund Walker
Hudson's Bay House
Rogers, Frederic Added abstract. Inserted revisionDesc.
Head to Rogers (Permanent Under-Secretary) 9841, CO 305/24, p. 207; received 25 October
Hudson's Bay House
October - 24th / 64 Sir,

I have the honour to enclose for the information of the Secretary of State a copy of a document transmitted from Vancouver's Island, being an information & interrogatives filed against the Hudson's Bay Company in Chancery by the Attorney General of the Colony.

It appears to me that these proceedings are entirely at variance with the purport of the agreement entered into on February 3d 1862 by which it was stipulated that the sales made by the Company previous to January 13 1862 were to be held valid & effectual as against the Crown.

It is true that the alleged relator is not the Crown but Mr John Despard Pemberton the Surveyor General of the Colony, but of the character & object of the proceedings there can be no doubt. We trust that the Right Honble. The Secretary of State will give instructions to stop all proceedings on the part of the Crown Officers contrary to the tenor of the Indenture of February 1862, which we on the part of the Company are prepared at once to carry out by the best means which can be derived. For this purpose Mr Dallas & myself last week had an interview with Mr Murdoch & the course to be pursued was in the main agreed upon.

I have the honor to be Sir Your obedt Servant Edmund Head
Mr Elliot Land Board? ABd 25 Oct
Detailed legal documents filed in the Supreme Court of Civil Justice relating to proceedings commenced against the Hudson's Bay Company, as per despatch, three documents (ten pages).
Draft, Cardwell to Kennedy, No. 60, 1 November 1864, asking for an explanation for the colony’s position in the matter.
Draft settled & approved by Mr Cardwell yesterday. TFE 2/11
*
Elliot to Head, 3 November 1864, advising that a decision on this and other matters recently communicated to the Colonial Office must wait until information is received from the colony.
Mr Cardwell I appreciate that we ought to give some answer to Sir Edmund Head; and I submit this for your consideration. TFE 2 Novr