<persName ref="prs:murdoch_twc"><surname>Murdoch</surname>, <forename>Thomas</forename> <forename>William</forename> <forename>Clinton</forename></persName> to <persName ref="prs:rogers_f"><surname>Rogers</surname>, <forename>Frederic</forename></persName> 28 February 1867, CO 305:30, no. 2039, 206. Murdoch addressee Rogers (Permanent Under-Secretary)

Published by Jim Hendrickson and the University of Victoria.

Murdoch, Thomas William Clinton to Rogers, Frederic 28 February 1867, CO 305:30, no. 2039, 206.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/V665LN06.html. CO 305:30 CO 305 30 2039 206 V.I. 1867 received 28 February co_305_30_00204r.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), Other documents (1).

Regarding the Re-conveyance of Vancouver Island from the Hudson’s Bay Company to Britain, Murdoch informs Rogers that the Hudson’s Bay Company agrees to the proposed Draft Re-conveyance … if certain words introduced by the Colonial Authorities are expunged. Murdoch proposes that the Deed [be] engrossed without the words from the Colonial Authorities … and presented to the Company for execution. Rogers and Carnarvon minute their approval, noting the agreed upon intention of allowing property holders to retain title to their lands.

Murdoch, Thomas William Clinton
Emigration Board
Rogers, Frederic Added abstract. Inserted revisionDesc.
Murdoch to Rogers (Permanent Under-Secretary) 2039, CO 305/30, p. 206; received 28 February
Emigration Board
28th February 1867 Sir

With reference to your letter of 2nd ultimo, and the subsequent correspondence on the subject of the retransfer to the Crown of Vancouver Island, I have to report, for the information of the Earl of Carnarvon, that we have received back from the Hudsons Bay Co the proposed Draft Re-conveyance, the alterations in which, suggested by the Colonial Government, we had submitted for their consideration.

2. Messrs Maynard & Sons, the Solicitors of the Company, in returning the Draft state that it appears to be quite correct, if certain words introduced by the Colonial Authorities in the first head of exceptions to the Reconveyance, be expunged. The exception as altered runs thus And also all land situated in the Victoria District forming any portions of sections 18 & 32 on the Colonial Official plan of the said Island, which may have been sold by the said Company previous to the 1st day of January 1862. The words underlined in red ink were introduced by the Colonial Authorities, and are the words objected to on the part of the Company. Their effect is to limit the exception to land sold by the Company in Sections 18 & 32, which are the Sections comprizing what the Company claimed as their private property on the ground of possession before January 1849, whereas by the Agreement of 3rd Febry 1862 all sales of Land by the Company in any portion of the Victoria District were to be effectual against the Crown. Sales, therefore, made by the Company of Land in the Victoria District, although beyond sections 18 and 32, should, as the Draft was originally framed, be excepted from the Re-conveyance.

3. As the Company's objection to the restrictive words appears to be well founded, we propose to have the Deed engrossed without those words, and presented to the Company for execution, unless we should receive Lord Carnarvons instructions to the contrary.

I have the honor to be, Sir Your obedient humble Servant T.W.C. Murdoch
Mr E. Sir F. Rogers ABd 28 Feb TFE 2 March
Approve. FR 1/3
What was intended was that the persons who had purchased land from the Compy shdshould not be disturbed in their titles. The Company are bound in honour & intend to stipulate that these titles shdshould be upheld: And GovtGovernment I conceive are quite right in making this the basis of the arrangement. FR 1/3 CBA 2/3
So proceed. C 2/3
Elliot to Emigration Commissioners, 9 March 1867, agreeing to the alteration made by the company.