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Vancouver's Island. Return to an address of the Honourable The House of Commons, dated 7 August 1848;-for,… Great Britain. Colonial Office; Hawes, B. (Benjamin), 1797-1862 1848

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VANCOUVER'S  ISLAND.
RETURN to an Address of the Honourable The House of Commons,
dated 7 August 1848 ;—Jvr,
I COPY of Correspondence between the Chairman of the Hudson's
Bay Company and the Secretary of State for the Colonies, relative
to the Colonization of Vancouver's Island."
Colonial Office, Downing-street, \
8 August 1848. J
B.   HAWES.
(Mr. Zabpuchere.')
Ordered, by The House of Commons, to be Printed,
10 August 1848.
619. C     2
SCHEDULE.
No. Date,
l. Sir J. Pelly to Earl Grey     -     7 Sept.   1846
2. B. Hawes, Esq. to Sir J. Pelly      3 Oct.
3. Sir J. Pelly to B. Haw.es, Esq.    34 Oct.
1846
4. B. Hawes, Esq. to Sir J. Pelly    14 Dec 1846
5. Sir J. Pelly to Earl Grey      -    22 Jan.    1847
6. B. Hawes, Esq. to Sir J. Pelly       2 Feb.   1847
7. Si r J, Pelly to Earl Grey     -     5 Mar.  1847
8. B. Hawes, Esq. to Sir J. Pelly    25 Feb.   1848
9. Sir J. Pelly to Earl Grey       -    4 Mar.   1848
10. Sir J. Pelly to Earl Grey     -    4 Mar.   1848
11. B. Hawes, Esq. to Earl Grey     13 Mar. 1848
12. Sir J. Pelly to Earl Grey      -    20 July   1848
Subject. Page..
Colonization of the British Territories westward of the Rocky Mountains, and northward of the 49th degree of north latitude    3
1846    Reply to preceding Letter
Transmitting Report from Mr. Douglas of
the locality westward of the Rocky
Mountains ; presumed power of tbe
Hudson's Bay Company to receive a
Grant of Land under their Charter     |
Answer to preceding Letter    -
Transmitting Case, and Opinion of Attorney and Solicitor-general thereon, as
to whether the Hudson's Bay Company
have power under their Charter to hold
Lands westward of the Rocky Mountains
Reply to preceding Letter •>
Willingness of the Hudson's Bay Company
to undertake the Government and Colonization of all Territories belonging.to
the Crown, north and west of Rupert's
Land        ------
Reply to preceding Letter *.
Proposal for limiting the Grant to the
Hudson's Bay Company to the Territory
north of 49tb degree of latitude, bounded
on tbe east by the Rocky Mountains
Reasons why the Company were desirous
of tbe more extended Grant of Territory
applied for in Letter of the 5th of March 11
Reply to preceding Letter      -       -       - 13
Transmitting Draft of the Grant to the
Hudson's Bay Company of Vancouver's
Island       -        -        -       -       -       -13
9
10
- 10
13. B, Hawes, Esq. to Sir J. Pelly   31 July   1848   Reply to preceding Letter
16 COPY of Correspondence between the Chairman of the Hudson's Bay
Company and the Secretary of State for the Colonies, relative to the
Colonization of Vancouver's Island.
— No. 1.—
Copy of a LETTER from Sir J. H. Pelly, Bart, to Earl Grey.
My Lord, Hudson's Bay House, 7 September 1846. No. i.
The annual ship of the Hudson's Bay Company to the Columbia and north- Sir J. H. Pelly,
west coast of America is now loading, and will be ready to sail about the middle Bart., to Earl Grey.
of this month.    By this opportunity the Company send out their instructions 7 bePtem er l 4 •
for the information and guidance of the officers in charge of their interests in
that quarter.
The treaty for the division of the Oregon territory having been concluded,
I conceive that all questions respecting the possessory rights of the Hudson's
Bay Company, and of all other British subjects who may be already in the
occupation of lands or other property, as stated in the 3d Article of the
treaty; or respecting the lands, farms and other property of every description
belonging to the Puget Sound Agricultural Company, as mentioned in the
4th Article (the whole of which is on the south side of the line of demarcation, viz. latitude 49), will be referred to the Secretary of State for Foreign
Affairs ; but that questions relating to settlement in the territory on the north
side of the boundary line (now exclusively British) will belong to the Colonial
Department over which your Lordship presides.
Assuming that I am right in this opinion, I now address your Lordship with
the view of ascertaining the intentions of Her Majesty's Government as to the
acquisition of lands, or formation of settlements, to the north of latitude 49.
The Hudson's Bay Company having formed an establishment on the southern
point of Vancouver's Island, which they are annually enlarging, are anxious to
know whether they will be confirmed in the possession of such lands, as the'y
may find it expedient to add to those which they already possess.
With regard to the question of trade, your Lordship is aware that the Company, by a grant from the Crown, dated May 13, 1838, have the exclusive
right of trading with the natives of the countries west of the Rocky Mountains
for 21 years from that date.
I have, &c.
(signed)       /. H. Pelly.
— No. 2.
Copy of a LETTER from B. Hawes, Esq., to Sir J. II. Pelly, Bart.
Sir, Downing-street, 3 October 1846. j*t0
In reference to your letter of the 7th ultimo, respecting the colonization B. Hawes,
Esc
of the British territories in North America   situate to the westward of the toSir J. H.Peily,.
Rocky Mountains, and to the northward of the 49th degree of north latitude,    ^t-
and in reference to what passed at the interview which took place with you on er i 4 .
that subject at this office on the 23d of September, I have received the directions of Earl Grey to request that you would move the Directors of the
Hudson's Bay Company to apprise his Lordship, with as much exactness as
may be possible, what is the extent and what are the natural or other limits of
the territory in the possession of which they desire to be confirmed, pointing
out what may be known regarding the soil, harbour and navigable streams comprised within it. I am further to signify to you Lord Grey's wish to be informed
by the Company, whether they are advised that their right is clear in point of
619. a 2 law
MM PAPERS RELATING TO THE
law to receive and hold in their corporate capacity any lands within the dominions
of the British Crown westward of the Rocky Mountains.
The Company's answer to these inquiries may perhaps relieve his Lordship
from the difficulty which he at present feels in returning any definite answer to
their application.
&c.
I have,
f signed)
B. Hawes.
No. 3.
No. 3.
Sir J. H. Pellv
Bart., to B. tit
Esq.
24 October 18
46.
Copy of a LETTER from Sir J. H. Pelly, Bart., to B. Hawes, Esq.
Sir, Hudson's Bay House, 24 October 1846.
I have to acknowledge the receipt of your letter of the 3d instant, stating
that you had received the directions of Earl Grey to make certain inquiries of the Directors of the Hudson Bay Company, the answers to which
might perhaps relieve his Lordship from the difficulty he at present feels in
returning any definite answer to the application made in my letter of the 7th
September, respecting an establishment which the Company have formed on
the south point of Vancouver's Island.
In reply to his Lordship's inquiries as to the extent and limits of the territory
in the possession of which the Company desire to be confirmed, and the soil,
harbours and navigable streams comprised within it, I enclose the Report,
dated July 12, 1842, made by Mr. Chief Factor Douglas, the officer who was
sent to survey the locality, and to select an advantageous situation for carrying
on the Company's trade in the event of any portion of the territory north of
the Columbian River falling under the dominion of the United States, together
with extracts from despatches of various dates received at the Hudson's Bay
House since the receipt of that report.
The only additional information in the Company's possession will be found
in the report of Lieutenants Warre and Vavasour, dated November 1, 1845,
addressed to the Secretary of State for the Colonies, and in that of Lieutenant
Vavasour to Colonel Holloway of the Royal Engineers, Canada, dated March 1,
1846, which is accompanied by a sketch of the harbour of Lamoosan, and a
plan of Fort Victoria.
In reference to the question, whether the Company are advised that their
right is clear in point of law to receive and hold in their corporate capacity any
lands within the dominions of the British Crown westward of the Rocky
Mountains, I beg to observe that there is nothing in the Charter of Incorporation, granted to the Company by Charles II., to preclude them from holding
lands in addition to those comprehended within it; and I entertain no doubt
whatever, that if Her Majesty be graciously pleased to grant the Company, in
perpetuity, any portion of the territory westward of the Rocky Mountains now
under the dominion of the British Crown, such grant will be perfectlv valid.
Had I, indeed, ever had any doubt on that point, it would have been removed
by the treaty lately concluded between Great Britain and the United States, in
the 3d Article of which (as I interpret it) the British Government has fully
recognized the right in question.
The lands held by the Company south of the 49th parallel have been confirmed
to them under that treaty by an Act of the Crown, and they therefore hope that
Her Majesty's Government will not see reason to withhold from them a similar
confirmation in the lands they held north of that parallel at the time the treaty
was concluded.
This, however, is a matter of small importance compared with the colonization
of such parts of the territory as may be adapted to that purpose.
The Royal grant to the Hudson's Bay Company of the exclusive privilege
of trading with the natives of the territories westward of the Rocky Mountains,
dated May 13, 1838, reserves to the Crown the right of establishing colonies
within those territories, or of annexing any part of the territories to any existing colony or colonies; and the Company's charter constitutes the territory
included within the limits therein prescribed, "one of His Majesty's planta-
" tions and colonies in America," under the name of Rupert's Land. The
informed, therefore, appears to me to be clear and obvious that the Company
may COLONIZATION OF VANCOUVER'S ISLAND. 5
may legally hold any portion of the territories belonging to the Crown, westward of the Rocky Mountains, that it may please Her Majesty to annex' to
Rupert's Land.
It would be a superfluous task to enter into a detail of the reasons which
render the colonization of Vancouver's Island an object of great importance ; I
shall, at present, merely submit to Earl Grey's consideration whether that
object, embracing as I trust it will, the conversion to Christianity and civilization of the native population, might not be most readily and effectually accomplished through the instrumentality of the Hudson's Bay Company, either by
a grant of the island on terms to be hereafter agreed upon, or in some other
way in which the influence and resources of the Company might be made subservient to that end.
I have, &c.
(signed)        J H. Pelly.
P. S.—Please to return Mr. Douglas's report, of which you may take a copy
if you wish to do so.
Enclosure 1, in No. 3.
Dear Sir, Fort Vancouver, 12 July 1842.
According to your instructions, I embarked with a party of six men in the schooner
" Cadboro'," at Fort Nisqually, and proceeded with her to the south end of Vancouver's
Island, visited, the most promising points of that coast, and, after a careful survey of its
several ports and harbours, I made choice of a site for the proposed new establishment in the
port of Camosack, which appears to me decidedly the most advantageous situation for the
purpose within the straits of De Fuca.
. 2. As a harbour it is equally safe and accessible, and abundance of timber'grows near it
for home consumption and exportation. There being no fresh-water stream of sufficient
power, flour or saw-mills may be erected on the canal of Camosack, at a point where the
channel is contracted to a breadth of 47 feet by two narrow ridges of granite projecting from
either bank into the canal, through which the tide rushes out and in with a degree of force
and velocity capable of driving the most powerful machinery, if guided and applied by
mechanical skill.
3. In the several important points just stated, the position of Camosack can claim no superiority over some other excellent harbours on the south coast of Vancouver's Island; but the.
latter are, generally speaking, surrounded by rocks and forests, which it will require ages to
level and adapt extensively to the purposes of agriculture, whereas at Camosack there is a
range of plains nearly six miles square, containing a great extent of valuable tillage and
pasture land equally well adapted for the plough or for feeding stock. It was this advantage
and distinguishing feature of Camosack, which no other part of the coast possesses, combined
with the water privilege on the canal, the security of the harbour, and abundance of timber
around it, which led me to choose a site for the establishment at that place in preference to
all others met with on the island.
4. I will now proceed to describe the most prominent features of the other ports visited
during this cruize, in order that you may know and weigh the grounds of my objections to
them as eligible places of settlement.
5. The' finest and only district of Vancouver's Island which contains any considerable
extent of clear land is situated immediately on the straits of De Fuca, beginning at Point
Gonzalo, the south-east corner of the island, and running westward from it to the port of
Sy-yousung; from whence, to the south-west point of the island, opposite Cape Flattery,
there are no safe harbours for shipping, and the country is high, rocky, and covered with
wood, presenting in its outline the almost unvarying characters of the coast of North-west
America, to which it unfortunately bears a too faithful resemblance.
6. On the contrary, the former district of the island, extending from Port Sy-yousung to
Point Gonzalo, is less elevated, more even, and diversified by wood and plain. The coast is
indented with bays and inlets; there are several good harbours, with anchorage at almost
every point, where vessels may bring up in calms., To this part of the coast I directed much
attention; and having travelled over almost every mile of it, I will here state the result of
my observations, beginning with Port Sy-yousung, the most westerly harbour deserving of
notice.
7. Sy-yousung is a spacious inlet, extending more than two miles into the country, where
shipping may lie at all seasons of the year in perfect safety, as it is protected from every
wind; there is, however, a strong current setting through the entrance with the flood and ebb,
that might detain and prove inconvenient to vessels entering or leaving port, otherwise it is
unexceptionable as a harbour. A shallow rivulet, 30 feet wide, which takes its rise from a
lake in the interior of the island, falls into the north end of the inlet, remarkable as being the
largest and only fresh-water stream capable of floating a canoe, that we found on this part
of the island.
619. A3 It
Encl. 1, in No. 3. 6
PAPERS RELATING TO THE
It can, however, hardly be called navigable, as, during a short excursion I made upon it,
we had to drag our canoe over banks of gravel that traverse the bed of the stream at every
100 yards. An extensive mud-flat also lies off its mouth, which is nearly dry and
impassable in the smallest craft at low water. It has also the reputation of being a good
.fishing-stream; and, as far as I could learn from the natives of the place, a considerable
quantity of salmon is caught there annually, a consideration which would make it exceedingly
valuable to an establishment. These are the only good points of this harbour, which the
character of the country in its vicinity render of no avail, as the place is totally unfit for our
purpose, the shores being high, steep, rocky, and everywhere covered with woods. In ranging
through the forest, we found one small plain, containing 300 or 400 acres of land, at the
distance of one mile from the harbour; but the rest of the country in its neighbourhood
appeared to consist either of wood-land or rocky hills.
8'. Eight miles east of Sy-yousung is the port of Whyring, divided from the former by a
ridge of woody hills extending from the coast to the central high land of the island. This is a
pretty good harbour, but has nothing further to recommend it, as a single glance at the high
broken hills of naked granite, which form the east side of the basin, and the equally sterile
character of the west shore, satisfied me that this place would not answer our purpose.
In one of our excursions we found a narrow plain, nearly a mile long, at the same distance
from the harbour, which is the only clear land in its vicinity.
9. Metcho-sin is an open roadstead, one and a half mile east of the former port. It is a
very pretty place, and has a small fresh-water run near it. There is, however, no harbour,
and the anchorage is exposed, and must be insecure in rough weather; in addition to that
disadvantage, the extent of clear ground is much too small for the demands of a large establishment, and a great part of what is clear, is poor, stony land, with a rolling surface, so that
on the whole it would not do for us.
10. Is-whoy-malth is the next harbour to the eastward, and appears on the ground plan
accompanying this letter. It is one of the best harbours on the coast, being perfectly safe
and of easy access, but in other respects it possesses no attraction. Its appearance is strikingly unprepossessing, the outline of the country exhibiting a confused assemblage of rock
and wood. More distant appear isolated ridges, thinly covered with scattered trees and
masses of bare rock; and the view is closed by a range of low mountains, which traverse
the island at the distance of about 12 miles. The shores of the harbour are rugged and
precipitous, and I did not see one level spot clear of trees of sufficient extent to build a
large fort upon. There is, in fact, no clear land within a quarter of a mile of the harbour, and
that lies in small patches here and there, on the acclivities and bottoms of the rising ground.
At a greater distance are two elevated plains, on different sides of the harbour, containing
several bottoms of rich land, the largest of which does not exceed 50 acres of clear space,
much broken by masses of limestone and granite.
Another serious objection to this place is the scarcity of fresh water. There are several
good runs in winter, but we found them all dried up, and we could not manage to fill a
single beaker in the harbour.
11. The next harbour, about one mile and a half east of the former, is the port and canal
of Camosack, which, as already said, I think the most advantageous place for the new establishment. From the general description here given, I fear you will not discover many traces of
the level champaign country so fancifully described by other travellers who preceded me in
this field; and you will also observe, that there is one important objection which applies to
all the places except " Camosack," mentioned in this sketch, namely, the absence of any
tract of clear land sufficiently extensive for the tillage and pasture of a large agricultural
establishment. It would also be difficult to find a convenient situation for an establishment on
the rugged high shores of any of the other harbours, and, moreover, these latter places, with
the exception of "Sy-yousung" and "Metshosin" are all scantily supplied with fresh water.
12. On the contrary, at Camosack, there is a pleasant and convenient site for the establishment, within 50 yards of the anchorage, on the border of a large tract of clear land
which extends eastward to Point Gonzalo at the south-east extremity of the island, and about
six miles interiorly, being the most picturesque and decidedly the most valuable part of the
island that we bad the good fortune to discover.
The accompanying ground-plan shows pretty correctly the distribution of wood, water and
prairie upon the surface, and to it I beg to refer you for information upon such points.
13. More than two-thirds of this section consists of prairie land, and may be converted
either to purposes of tillage or pasture, for which I have seen no part of the Indian country
better adapted; the rest of it, with the exception of the ponds of water, is covered with
valuable oak and pine timber. I observed, generally speaking, but two marked varieties of
soil on these prairies, that of the best land is a dark vegetable mould, varying from 9 to 14
inches in depth, overlaying a substrate of greyish clayey loam, which produces the rankest
growth of native plants that 1 have seen in America. The other variety is of inferior value
and to judge from the less vigorous appearance of the vegetation upon it, naturally more
unproductive.
Both kinds, however, produce abundance of grass, and several varieties of red clover grow-
on the rich moist bottoms.
In two places particularly we saw several acres of clover growing with a luxuriance and
compactness more resembling the close sward of a well-managed lea than the produce of an
uncultivated waste.
14. Being: COLONIZATION OF VANCOUVER'S ISLAND.
14. Being pretty well assured of the capabilities of the soil as respects the purposes of
agriculture, the climate being also mild arid pleasant, we ought to be able to grow every kind
of grain raised in England. On this point, however, we cannot speak confidently until we
have tried the experiment and tested the climate, as there may exist local influences destructive of the husbandman's hopes, which cannot be discovered by other means. As, for instance,
it is well known that the damp fogs which daily spread over the shores of Upper California
blight the crops and greatly deteriorate the wheat grown near the sea-coast in that country.
I am not aware that any such effect is ever felt in the temperate climate of Britain, nearly
■corresponding in its insular situation and geographical position with Vancouver's Island,
and I hope the latter will also enjoy an exemption from an evil at once disastrous and
irremediable. We are certain that potatoes thrive, and grow to a large size, as the Indians
have many small fields in cultivation which appear to repay the labour bestowed upon them,
and I hope that other crops will do as well.
The canal of Camosack is nearly six miles long, and its banks are well wooded throughout
its whole length, so that it will supply the establishment with wood for many years to come,
which can be conveyed in large rafts with very little trouble, from one extreme of the canal
to the other.
I mentioned in a former part of this letter that I proposed to erect any machinery required
for the establishment at the narrows of tins canal, about two miles distant from the site of the
fort, where there is a boundless water power, which our two millwrights," Crate and Fenton,
think might, at a moderate expense, be applied to that object. A fresh-water river would
certainly be in many respects more convenient, as the moving power could be made to act wiih
greater regularity, and be applied to machinery at probably less labour and expense than a
tide power; besides the facilities and immense advantage of having a water communication,
instead of a tedious land transport for the conveyance of timber from a distance, after exhausting that growing in the immediate vicinity of the mill seat. But I saw no stream
that would fully answer these purposes, not even excepting the one in the harbour of
" Sy-yousung;" we must, therefore, of necessity have recourse to the canal, or select a mill.
seat on the continental shore, a step that I would not advise until we have gained the confidence and respect of the native tribes.
The natural supply of fresh water will probably be found scanty enough for the establishment in very dry seasons; but I think that between a small stream at the distance of 300
paces, and its feeder, a lake 800 yards from the site of the fort, we may always depend on
having at least a sufficiency of this indispensable element. The labour of carting it from a
distance of even 800 yards would, however, be very great, and I would, therefore, recommend
that wells should be dug within the fort, of sufficient depth to yield a constant and regular
supply at all times. This, I have no doubt, will be found the cheapest plan in the end,
besides the importance of having water at hand in cases of fire, or in the event of any
rupture with the natives.
17- It is unnecessary to occupy your time with any further details on the subject of this
cruize, as the present sketch will enable you to form a correct estimate of the advantages and
disadvantages of the several places visited, and I think your opinion cannot vary much from
my own respecting the decided superiority of Camosack over the other parts of the island,
or of the continental shore known to us, as-a place of settlement. The situation is not
faultless, or so completely suited to our purposes as it might be, but Idespair of any better
being found on this coast, as I am confident thait there is no other seaport north of the
Columbia where so many advantages will be found combined.
John M'Loughljn, Esq,
&c. &c.
I have, &c.
(signed)        James Douglas..
Enclosure 2, in No. 3.
Extract of Despatch from Sir George Simpson to the Governor and Committee of the
Hudson's Bay Company, dated Red River Settlement, 21 June 1844,
By advices from Fort Victoria, up to the latter end of February, I am glad to find that
the business of that new establishment was gojng on in a satisfactory manner.
The situation of Fort Victoria is represented as peculiarly eligible for a depot in every
respect, except the possible scarcity of water in very dry seasons, but that it was hoped to
overcome by sinking a well; while abundance of water can always be had from a never-
failing stream about a mile and a half from the establishment. The country and climate are
said to be remarkably fine ; an excellent harbour, and the means of living abundant, say fish,
venison, domestic cattle, and agricultural produce, The harbour being easy of access at all
times, Fort Victoria will in all probability become valuable as a port of refuge and refreshment for any vessels frequenting those seas.
The natives are not so numerous or formidable as we were led to believe, and seem peaceably and well disposed ; but as yet, judging from the quantity of furs brought in, it does not
appear that they are very active, either as traders or hunters, or .that their country is rich in
that way,
Epcl. 2, in No. 3,
6lQ.
A 4
Enclosure
SB '■■-••'-rfflgfl
PAPERS RELATING TO THE
Enclosure 3, in No. 3.
Extract of Despatch from Messrs. Peter Skene Ogden and James Douglas to Sir
George Simpson, dated Fort Vancouver, 19 March 1846.
Encl. 3, in No. 3. The outfit of the north-west coast was landed at Fort Victoria, direct from England,
and in course of the summer, the returns and produce of Forts Nisqually, Longley and other
posts on the coasts, and from this river, were transported thither and deposited for exportation ; an exceedingly convenient arrangement, which obviates the necessity of exposing so
much valuable property to the risks and dangers of the Columbia bar. We are now enlarging
the fort, and getting two additional buildings erected of 100 x 40 feet to store the depot
goods away, and other improvements to facilitate the landing and discharging the vessels
are also in progress. The farm has been considerably enlarged, and upwards of 100 head
of cattle and horses carried thither from Puget's Sound. In short, every effort is and will
be directed towards giving form and substance to the plan proposed in your letter.
Encl. 4, in No. 3.
No. 4.
B. Hawes, Esq.,
to Sir J. H. Pelly,
Bart.
14 December 1846.
Enclosure 4, in No. 3.
Extract of Despatch from Sir George Simpson to the Governor and Committee of the
Hudson-'s Bay Company, dated Red River Settlement, 18 June 1846.
Fort Victoria promises to become a very important place, and is decidedly better
adapted, as regards situation, to be the great depot for the country than any other of our
establishments on the coast, being easy of access at all seasons, and so far distant from the
disorderly population of Columbia that we have little cause for apprehension from that
quarter.
From the observations of Messrs. Warre and Vavasour, who visited the establishment,
I should infer that the fort has not been erected on the most convenient site as regards the
shipping. I shall draw the attention of the Board of Management to this subject, after
Messrs. Warre and Vavasour have afforded me a perusal of the report they have prepared
for the information of Her Majesty's Government, giving the result of the visit to the Oregon
territory. It is intended to increase the farm at Fort Victoria, for which the country appears
well adapted, but I have not been furnished with any detailed information on the subject.
During the first winter, about 100 head of cattle and horses were conveyed thither from
Nisqually, and the farm last season produced 1,000 bushels of wheat over and above the
expenditure of the post.
Three American whaling ships entered the Straits of Fuca last autumn, for the purposes of
obtaining supplies ; and I think it likely an advantageous branch of business may be formed
at Victoria, by supplying the ships engaged in the whale fishery with clothing, marine stores,
refreshments, &c, being much nearer the fishing grounds than either California or the Sandwich Islands, the dangerous bar of the Columbia river interdicting frequent intercourse with
that quarter.
—No. 4.—
Extract of a LETTER from B. Hawes, Esq. to Sir J. H. Pelly, Bart.,
dated Downing-street, 14 December 1846.
I am directed by Earl Grey to acknowledge the receipt of your letter of the
24th of October last, and to return to you the following answer to it.
Lord Grey is unable to announce to you any decision of Her Majesty's
Government with regard to the colonization of the Oregon territory. His
Lordship will be happy to receive, and will consider with every disposition to
accede to it, any specific proposal for that purpose which may be suggested to
him either by the Hudson's Bay Company or by any other person interested on
the subject.
Lord Grey further directs me to state that he is prepared to assent, on Her
Majesty's behalf, to your proposal, that certain lands in Vancouver's Island, or
in other parts of the Oregon territory, should be granted to the Hudson's Bay
Company ; but before making that grant his Lordship would require the production, by the Company, of an opinion from Her Majesty's Attorney and
Solicitor-general, to the effect that the acceptance by the Company of such a
grant would be consistent with their charter of incorporation.
-No.
Copy of a LETTER from Sir J. H. Pelly, Bart., to Earl Gr
ey.
N
Sir J. H.l
Bart
My Lord, Hudson's Bay House, 22 January 1847.
«& Under Secretary Hawes, in the letter which, by your Lordship's
to Earl Grey, direction, he did me the honour to address to me on the 14th ultimo, stated that
Mi
January 1847
you were prepared to assent, on Her Majesty's behalf, to my proposal that certain
lands u
COLONIZATION OF VANCOUVER'S ISLAND. 9
lands in Vancouver's Island, or in other parts of the Oregon territory, should
be granted to the Hudson's Bay Company • but that before making that grant
you would require the production, by the Company, of an opinion from Her
Majesty's Attorney and Solicitor-General to the effect that the acceptance by
the Company of such a grant would be consistent with the Charter of Incorporation.
On receiving this intimation I directed a case to be drawn up for the opinion
of the Attorney and Solicitor-General, which case, with their opinion thereon,
I have the honour to transmit to your Lordship herewith.
Your Lordship will perceive that the question raised in the case is confined
to the single point on which you expressed a wish to receive information,
namely, whether the Hudson's Bay Company have power under their Charter
to hold lands within Her Majesty's dominions westward of the Rocky
Mountains.
I have, &c.
(signed)        /. H. Pelly.
No. 6.
Copy of a LETTER from B. Hawes, Esq., .to Sir /. H. Pelly, Bart.
Sir, Downing-street, 2 February 1847. ^0t g
Having laid before Earl Grey your letter of the 22d instant, together with b. Hawes, Esq., to
tfhe opinion of Her Majesty's Attorney and Solicitor-General upon the question Sir J. H. Pelly,
submitted to them as to the power of the Hudson's Bay Company, under their Bart*
charter, to hold lands in the Queen's dominions westward of the Rocky Moun- a February1 47-
tains in North America, I am directed by his Lordship to inform you that, on
the perusal of that opinion, he is now ready to receive and consider the draft of
such a grant as the Company would desire to receive of lands belonging to the
British Crown in the Oregon territory.
I have, &c.
(signed)
B. H
awes.
— No. 7.—
Copy of a LETTER from Sir J. H. Pelly, Bart., to Earl Grey.
My Lord, Hudson's Bay House, 5 March 1847. ,,
I have the honour to acknowledge the receipt of Mr. Under Secretary Hawes' s. , 'Y»0v71"1
letter of the 2d February, stating that your Lordship, on the perusal of the Bart." to Earl Gre
opinion of Her Majesty's Attorney and Solicitor-General as to the power of the 5 March 1847.
Hudson's Bay Company, under their charter, to hold lands within the Queen's
dominions westward of the Rocky Mountains in North America, is ready to
receive and consider the draft of such a grant as the Company would desire to
receive of lands belonging to the British Crown in the Oregon territory.
In reply to this communication, I beg leave to say, that if Her Majesty's
Ministers should be of opinion that the territory in question would be more
conveniently governed and colonized (as far as that may be practicable) through
the Hudson's Bay Company, the Company are willing to undertake it, and will
be ready to receive a grant of all the territories belonging to the Crown which
are situated to the north and west of Rupert's Land.
The draft which I have the honour to transmit to your Lordship herewith is
framed on the supposition that Her Majesty's Government, after considering the
nature and circumstances of those territories, will be of this opinion.
I have, &c,
(signed,!       /. H. Pelly.
619.
B
■No. 8. 10
PAPERS RELATING TO THE
No. 8.
B. Hawes, Esq , to
Sir J. H. Pelly,
Bart.
25 Fehruary 1848.
For copy of agieement
entered into with
Mr. Wise, vide Papers
relative to Labuan,
ordered by the House of
Commons to be printed,
3 July 1848, No. 460.
— No. 8.—
Copy of a LETTER from B. Hawes, Esq., to Sir J. H. Pelly, Bart.
Sir, Downing-street, 25 February 1848.
I am desired to remind you of your letter of the 5th March 1847, submitting,
for Lord Grey's consideration, an application on the part of the Hudson's Bay
Company for a grant of all the territories belonging to the Crown which are
situated to the north and west of Rupert's Land.
In an interview which Earl Grey had with you subsequently to that application, you were informed that the proposal you had made was too extensive for
Her Majesty's Government to entertain.
1 am now directed by his Lordship to state, that if you are prepared to submit
another scheme which shall be more limited and definite in its object, and yet
embrace a plan for the colonization and government of Vancouver's Island, Her
Majesty's Government will be ready to give their immediate and attentive consideration to such proposal. Assuming that in any negotiation which may take
place on this subject, the value of the coal at Vancouver's Island will necessarily
form a material consideration on the part of the Hudson's Bay Company,
Lord Grey directs me to send you the copy of an agreement recently entered
into with Mr. Wise, from which you will learn the terms on which the Government have granted a lease to that gentleman of the coal at Labuan, and which
may possibly serve as a guide in any proposal which the Company may think
proper to make for working the coal at Vancouver's Island.
I have, &c,
(signed)        B. Hawes.
4 March 1848.
— No. 9. —
Copy of a LETTER from Sir J. H. Pelly, Bart., to Earl Grey.
No. 9. My Lord, Hudson's Bay House, 4 March 1848.
Sir J. H. Pelly, I have to  acknowledge the  receipt of a  letter from  Mr.   Hawes,   dated
1iij''tuEQrlQGrey' February 25, acquainting me that he is desired to remind me of my letter of
March 5, 1847, in which I submitted for your Lordship's consideration an
application, on the part of the Hudson's Bay Company, for a grant of all the
territories belonging to the Crown which are situated to the north and west of
Rupert's Land.
Mr. Hawes also states, that in an interview which I had with your Lordship,
subsequently to that application, I was informed that the proposal I had made
was too extensive for Her Majesty's Government to entertain.
In the interview to which allusion is made, your Lordship did not appear to
me to express yourself so decidedly as to lead me to believe that Her Majesty's
Government had made up their minds on the subject, and, therefore, I did not
consider what then fell from your Lordship as an answer to my official letter
of the 5th March. I regret this misapprehension, and shall now proceed to
the consideration of that part of Mr. Hawes's letter now before me, in which
he says that he is directed by your Lordship to state that, if I am prepared to
submit another scheme which shall be more limited and definite in its object,
and yet embrace a plan for the colonization and government of Vancouver's
Island, Her Majesty's Government will be ready to give their attentive and
immediate consideration to such proposal.
As far as the Hudson's Bay Company are concerned, all that they would
require would be the very limited grant of lands which I had in view in my
letter to your Lordship of the 7th September 1846. To such a grant Mr.
Hawes informed me, in his letter of 14th December 1846, your Lordship was
prepared to assent on behalf of Her Majesty's Government, provided Her
Majesty's Attorney and Solicitor-General should be of opinion that the acceptance of it by the Company would be consistent with their charter.
The opinion of the Attorney and Solicitor-General in the affirmative was
forwarded to you on the 22d January 1847, and on the 2d February I
received a letter from Mr. Hawes, stating that your Lordship was then " ready
" to receive and consider the draft of such a grant as the Company would
" desire COLONIZATION OF VANCOUVER'S ISLAND.
11
to receive of lands belonging to
the British Crown in the Oregon
§j desire
% territory."
In my reply to that communication, dated March 5, and with reference to
what from some casual conversations with your Lordship I had conceived was
your opinion, I proposed a grant which might appear extensive, but I did this
not with the view of obtaining for the Hudson's Bay Company any advantage,
for, as I have already said, they as a Company require no more for the purpose
of carrying on their trade than was asked in my letter of the 7th September
1846, and assented to by your Lordship.
When I understood that you were desirous that a part or the whole of the
country recently confirmed to Great Britain should be colonized, I was induced
to propose that the whole should be included in a grant to the Hudson's Bay
Company, because I was persuaded that the colonization would be much more
successfully conducted under the auspices of the Company than it could be in
any other manner, as I foresaw serious difficulties, should different parts of the
territory be colonized under different authorities.
As to the territory lying eastward of the Rocky Mountains, and between the
Arctic Sea and the Company's territories (from which it is separated by no
defined or definable boundary), though its addition to the grant gives the latter
a formidable appearance in point of extent, it is little better than a barren
waste. It is besides inaccessible, except through the Company's territories, or
by crossing the Rocky Mountains from the westward.
My object in proposing this tract of country to form a part of the grant
was, that its annexation to Rupert's Land, held of the Crown as of the manor
of East Greenwich in free and common soccage, and not in capite or knights'
service, would place the whole territory north of 49°, the American boundary
line, under one governing power, and thereby simplify any arrangements
respecting any part or parcel of the same ; but, if your Lordship should be still
of opinion that the grant is too extensive, the Hudson's Bay Company are
willing that it should be limited to the territory north of 49°, bounded on the
east by the Rocky Mountains, or even to Vancouver's Island alone. In fact,
the Company are ready and willing to give every assistance in their power to
promote colonization, and in any way in which your Lordship may be of
opinion that their services can be made available towards that important
object.
On that part of Mr. Hawes's letter, in which it is assumed that the value of
the coal in Vancouver's Island will form a material consideration on the part
of the Hudson's Bay Company in any negotiation that may take place on this
subject, I have only to observe, that the Company expect no pecuniary advantage
from colonizing the territory in question. AH monies received for land or
minerals would be applied to purposes connected with the improvement of
the country, and, therefore, if the grant is to be clogged with any payment
to the mother country, the Company would be under the necessity of declining it.
I have, &c.
(signed) J. H. Pelly.
—No. 10.
No. io.
Sir J. H. Pelly,
Copy of a LETTER from Sir J. H. Pelly, Bart., to Earl Grey.
(Private.)
My Lord, Hudson's Bay House, 4 March 1848.
I have to acknowledge the receipt of your private letter of the 25th February, Bart-! to Earl Grey,
which came with Mr. Hawes' official letter of the same date. I certainly under- 4 March 1848.
stood, in the conference I had with your Lordship on the subject of colonizing
the territory north of 49°, that you considered my proposition too large, and I
expected a modification of it from your Lordship, but I am quite ready to admit
that I was in error in this expectation. I shall therefore briefly state why I asked
for so extensive a grant.
In considering the subject, I did not see how the territory west of the
Rocky Mountains could properly be separated into parts for the purpose of
colonization.    If I had confined myself to the islands west of the continent or
619. C to 9H  aflBBai
12
PAPERS RELATING TO THE
to Vancouver's Island alone, then other settlements might have been made on
the main land or on some of the islands, under a different authority, and the
want of unity in the ruling power would probably have been attended with
some diversity of purpose and conflict of interests, real or apparent, which it
was desirable to avoid as tending to impede the object in view..
Then, again, the Company by their license of exclusive trade from the
Crown, which has still more than 11 years to run, have had virtual possession
of all this territory for nearly 30 years. It is studded from end to end with
their trading posts, and they have acquired great influence with the natives,
which I thought a matter well worthy of consideration in any plan that might
be formed for colonizing the country. After much reflection, and looking at the
question in its various bearings, I was convinced that a grant having colonization
for its object, should, in order to carry out that object effectually, comprehend
the whole of the territory west of the Rocky Mountains.
This was the extent of the grant which I had originally intended to propose
should be given to the Company; but it was suggested to me that, in the event
of such a grant being obtained, the territory lying east of the Rocky Mountains,
and north of the Company's territories, which may be considered as a sort of
debateable land, would be in an isolated position, there being no access to it
except through the Company's territories, or by way of the Rocky Mountains
through the country comprehended in the grant proposed.
Under these circumstances, and as it formed part of the territories over
which the royal license of exclusive trade extended, I thought it best that it
should be included in the grant, but really caring very little whether it was so or not.
I am very glad lb learn that your Lordship is exceedingly anxious for the
colonization of Vancouver's Mand. I have no doubt that your Lordship, as a
statesman, must feel the importance of a settlement in this part of the Pacific,
where Great Britain has none, and the Americans, having one already on the
Wallametta, are proposing to take measures for establishing another on the
opposite side of the straits to Vancouver's Island, and are building large
steamers for communication with the district. I shall not occupy your Lordship's time by offering my views of the nationality of the object any further than
to say they are in accordance with those of your Lordship.
Such being the case, the Company would accept of any grant, even for the
island of Vancouver alone, to effect the object; but for the reasons I have
given, I think you will be of opinion with me, that it should be more extensive. By the charter of the Hudson's Bay Company power is given to them to
appoint and establish governors and all other officers to govern their territories,
and a council for the several respective places where the Company have
plantations, factories, colonies, &c, and to judge all persons who •shall live
under them in all causes whether civil or criminal, &c. &c.; all which rights
are recognized by the Act of 1 and 2 Geo. IV., cap. 66, so that at once, by
making such a grant, all the powers of jurisdiction vested in the Company
would come into operation over the whole territory. As the Company have
officers at Vancouver, who are competent to hold, temporarily, the situations
of governors and of councillors, no new legislative measure would be, in the
first instance, at all necessary, and any subsequent one that might be found
requisite would be arranged with the settlers, or other persons who might be
disposed to associate together, for the purpose of bringing land into cultivation,
working mines of coal, or whatever else the country might produce.
Thus the Hudson's Bay Company having an allotment of land for the purposes of their free trade, might, as they now do in the Columbia, cut timber,
catch and preserve salmon, and export the same to the Sandwich Islands. The
Puget Sound Association, in the same way, might cultivate land either in connexion with their establishment at Nisqually and the Cowlitz, or (in the event
of the Americans taking these lands under the treaty) transfer all their farming
operations to Vancouver Island, or take up the working of coal, and if there
were any probability of profit, convey it to Panama and other places, as proposed in the prospectus I enclosed in my last.
The Hudson's Bay Company would not desire to derive any pecuniary benefit
from grants for these purposes, as the proceeds of all such grants would be
applicable only to the objects of colonization. The security of their property
from American aggression would be the advantage they would expect to derive
from the contemplated plan.
I fear, COLONIZATION OF VANCOUVER'S ISLAND.
I fear, my Lord, you will think nie very prolix, as my proposition lies in a
nutshell.
Great Britain has a territory bounded on the south, principally by the 49th
parallel of latitude (the boundary between it and the United States): on the
west by the Pacific Ocean, from 49° to 54°, and thence to 60° by a strip of
Russian territory (20 leagues in breadth and following the sinuosities of the
coast); from 60° to the Polar Sea in about 70° likewise by the Russian territory; on the north by the Polar Sea; and on the east by the Atlantic Ocean.
A large portion of this has been granted to the Hudson's Bay Company, in
which they can establish colonies, governments, courts of justice, &c. &c, and
over the whole of the remainder (with the exception of Canada) by a grant
from the Crown under an Act of Parliament, they enjoy the exclusive right of
trade. I propose that the privileges which they possess under the grant of
Rupert's Land should be extended over the whole territory in question. Your
Lordship may feel a difficulty (however expedient it may be) under the
present feeling in favour of free trade, to make so extensive a grant to any
Company, though the Hudson's Bay Company did virtually possess, in addition
to what they have asked for, the exclusive right of trade over all the disputed
territory west of the Rocky Mountains, from the latitude of 42°, the Mexican
boundary, to 49°; but I think this feeling may be met by an agreement on
their part to relinquish to the country, at the expiration of their present
license of exclusive trade, all advantages derived from the colonization of those
parts not within the original grant to the Hudson's Bay Company, without
receiving any compensation, on that account, beyond the cost value of any
improvements which, at the time of such relinquishment, might have been
effected, as was proposed with respect to the limited grant referred to in Mr.
Hawes's letter of the 14th December. Indeed, as far as I am concerned, (and
I think the Company would concur if any great national benefit would be
expected from it), I would be willing to relinquish the whole of the territory
held under the Charter on similar terms to those which it is proposed the East
India Company shall receive on the expiration of their Charter, namely, securing
to the proprietors an interest on their capital of ten per cent.
I have, &c.
(signed)        /. H. Pelly.
No.'n.
B. Hawes, Esq., to
— No. 11.—
Copy of a LETTER from B. Hawes, Esq., to Sir J. H. PeUy, Bart.
Sir, Downing-street, 13 March 1848.
I am directed by Earl Grey to acknowledge the receipt of your letter of the
4th instant on the subject of the application of the Hudson's Bay Company for j>ir J'   H-Pe%>
a grant of all the territories belonging to the Crown which are situated to the jo March 1848
north and west of Rupert's Land in British North America.
Earl Grey directs me to state that he has fully considered the contents of 1
your letter above mentioned, and is of opinion that it will be advisable in the 1
first instance that the grant to the Hudson's Bay Company should be confined
to Vancouver's Island.    His Lordship will be happy to entertain any such pro- 1
posal as you may think proper to submit to him for this purpose, proceeding
on the principle which you have suggested, that the Company shall not derive
any pecuniary profit from the undertaking, but shall apply all funds arising
from the sale of lands or minerals towards the colonization and improvement of
the island.
I have, &c.
(signed)        B. Hawes.
— No. 12. —
Copy of a LETTER from Sir J. II. Pelly, Bart., to Earl Grey. sir J. H. Pelly,
My Lord, Hudson's Bay House, 20 July 1848.      2o July 1848.
With  reference  to your Lordship's  communication made to me  through y^ Letter to Sir
Mr. Merivale, under the date of the 13th March last, and to the various inter- J. Pelley, July 31,
619. c 2 views *848- M
PAPERS RELATING TO THE
views with which you have favoured me since that time, I have the honour to
transmit to you herewith, for your Lordship's approval, the draft of the grant
of Vancouver's Island to the Hudson's Bay Company in the form in which it
has been settled under your directions by Mr. Merivale and the Company's
solicitors.
I have, &c.
(signed)       J. H. Pelly.
Encl. in No. 12.
Enclosure in No 12.
Victoria, by the Grace of God of the United Kingdom of Great Britain and Ireland
Queen, Defender of the Faith, to all to whom these presents shall come, greeting;: Whereas
by the Royal Charter or letters patent of his late Majesty King Charles the Second,
bearing date the 2d day of May, in the 22d year of his reign, his said late Majesty
did (amongst other things) ordain and declare that the Governor and Company of Adventurers
of England trading into Hudson's Bay, thereby incorporated, and their successors by that
name, should at all times thereafter be personable and capable in law to have, purchase,
receive, possess, and enjoy and retain lands, rents, privileges, liberties, jurisdictions, franchises
and hereditaments, of what nature or kind soever they were, to them or their successors :
And also to give, grant, demise, alien, assign and dispose lands, tenements and hereditaments, and to do and execute all and singular other things by the same name that to them
should or might appertain to do: And his said late Majesty did thereby for himself, his
heirs and successors, give, grant and confirm unto the said Governor and Company and
their successors the sole trade and commerce of all those seas, straits, bays, rivers, lakes,
creeks and sounds, in whatsoever latitude they should be, that lay within the entrance of the
straits commonly called Hudson's Straits, together with all the lands and territories upon the
countries, coasts and confines of the seas, bays, lakes, rivers, creeks and sounds aforesaid, that
-were not already actually possessed by or granted to any of his said late Majesty's subjects,
or possessed by the subjects of any other Christian prince or state, with the fishing of all sorts
of fish, whales, sturgeons and all other royalfishes in the seas, bays, inlets and rivers within
the premises, and the fish therein taken; together with the royalty of the sea upon the coasts
within the limits aforesaid, and all mines royal, as well then discovered as not then discovered,
of gold, silver, gems and precious stones to be found or discovered within the territories, limits,
and places aforesaid, and that the said land should be from thenceforth reckoned and reputed
as one of his said late Majesty's plantations or colonies in America; And further, his said
Jate Majesty did thereby for himself, his heirs and successors, make, create, and constitute the
said Governor and Company for the time being and their successors the true and absolute
lords and proprietors of the same territory, limits and places aforesaid, and of all other the
premises (saving always the faith, allegiance, and sovereign dominion due to his said late
Majesty, his heirs and successors for the same); to hold, possess and enjoy the said territory,
limits, and places, and all and singular other the premises thereby granted as aforesaid, with
their and every of their rights, members, jurisdictions, prerogatives, royalties, and appurtenances whatsoever to them the said Governor and Company and their successors for ever; to
be holden of his said late Majesty, his heirs and successors, as of his manor of East Greenwich, in the county of Kent, in free and common soccage, and not in capite or by knights'
service; yielding and paying yearly to his said late Majesty, his heirs and successors, for the
same, two elks and two black beavers whensoever and as often as his said late Majesty, his
. heirs and successors, should happen to enter into the said countries, territories, and regions
thereby granted : And' whereas by an Act passed in the session of Parliament held in the
43d year of the reign of his late Majesty King George the Third, intituled, "An Act for
extending the Jurisdiction of the Courts of Justice in the Provinces of Lower and Upper
Canada, to the Trial and Punishment of Persons guilty of Crimes and Offences within certain
Parts of North America adjoining to the said Provinces," it was enacted that from and after
the passing of that Act all offences committed within any of the Indian territories or parts of
America not within the limits of either of the said provinces of Lower or Upper Canada, or of
any Civil Government of the United States of America, should be and be deemed to be
offences of the same nature, and should be tried in the same manner and subject to the same
punishment as if the same had been committed within the Provinces of Upper or Lower
Canada, and provisions were contained in the said Act regulating the committal and trial of
the offenders:
And whereas, by an Act passed in the session of Parliament holden in the first and second
years of the reign of his late Majesty King George the Fourth, intituled, " An Act for regulating the Fur Trade, and establishing a Criminal and Civil Jurisdiction within certain Parts
of North America," after reciting, among other things, that doubts had been entertained
whether the provisions of said Act of the 43d George III. extended to the territories granted
by Charter to the said Governor and Company, and that it was expedient that such doubts
should be removed, and that the said Act should be further extended; it was enacted
(amongst other things), that from and after the passing of said last-mentioned Act, it should
be lawful for his then Majesty, his heirs and successors, to make grants or give his Royal
license under the hand and seal of one of his Majesty's Principal Secretaries of State to any
body COLONIZATION OF VANCOUVER'S ISLAND.
body corporate or company, or person or persons of or for the exclusive privilege of trading
with the Indians in all such parts of North America as should be specified in any of such
grants or licenses respectively, not being part of the lands or territories theretofore granted to
the said Governor and Company of Adventurers of England trading into Hudson's Bay, and
not being part of any of his Majesty's provinces in North America, or of any lands or territories belonging to the United States of America, subject to the provisions and restrictions
in the said Act mentioned : And it was thereby further enacted, that the said Act of the
43d George III., and all the clauses and provisoes therein contained, should be deemed and
construed, and was and were thereby respectively declared to extend to and over, and to be
in full force in and through all the territories theretofore granted to the said Company of
Adventurers trading to Hudson's Bay : And whereas by our grant or royal license bearing
date the 13th day of May 1838, under the hand and seal of one of our then Principal Secretaries of State, we granted and gave our license to the said Governor and Company and their
successors for the exclusive privilege of trading with the Indians in all such parts of North
America to the northward and westward of the lands and territories belonging to the United
States of America as should not form part of any of our provinces in North America, or of
any lands or territories belonging to the United States of America, or to any European
Government, State or Power, subject nevertheless as therein mentioned : And we did thereby
give and grant and secure to the said Governor and Company, and their successors, the sole
and exclusive privilege for the full period of twenty-one years from the date thereof, of trading
with the Indians in all such parts of North America as aforesaid, except as therein mentioned,
at the rent therein reserved, and upon the terms and subject to the qualification and power
of revocation therein contained : And whereas by a treaty between ourselves and the United
States of America, for the settlement of the Oregon boundary, signed at Washington on the
•15th day of June 1846, it was agreed upon and concluded (amongst other things) as follows :
That from the point of the 49th parallel of north latitude, where the boundary laid down in
existing treaties and conventions between Great Britain and the said United States, terminated
the line of boundary between our territories and those of the said United States, should be
continued westward along the said parallel of north latitude to the middle of the channel
which separates the Continent from Vancouver's Island, and thence southerly through the
middle of the said channel and of De Fuca's Straits to the Pacific Ocean: Provided, however, that the navigation of the whole of the said channel and straits south of the 49th paral lei
of north latitude should remain free and open to both parties: And whereas certain of our
lands and territories in North America lie to the westward and also to the northward of the
territory granted to the said Governor and Company by the hereinbefore recited grant  or
letters patent of his said late Majesty King Charles the Second, and which is, pursuant to the
direction in that behalf contained in such  grant or letters patent, called or known as
Rupert's Land, and to the eastward of the territories the boundary line of which is defined
by the hereinbefore recited treaty with the United States of North America : And whereas
under the said last-mentioned grant or letters patent, and also under our hereinbefore recited
grant or license of the 13th day of May 1838, the said Governor and Company have traded
as well within as beyond the limits of the lands and territories granted to them by the said
grant or letters patent of his said late Majesty King Charles the Second, and have, in connexion with and for the protection of their trade beyond the said limits, been in the habit of
erecting forts and other isolated establishments without the said limits, and some of such forts
and establishments of the said Governor and Company are now existing in that part of our
said territories in North America, including Vancouver's Island, the boundary line between
which and the territories of the said United States is determined by the hereinbefore recited
treaty between ourselves and the said United States : And whereas it would conduce greatly
to the maintenance of peace, justice and good order, and the advancement of colonization
and the promotion and encouragement of trade and commerce in, and also to the protection
and welfare of the native Indians residing within that portion of our territories in North
America called Vancouver's Island, if such island were colonized by settlers from the British
dominions, and if the property in the land of such island were vested for the purpose of such
colonization in the said Governor and Company of Adventurers of England trading into
Hudson's Bay • but nevertheless, upon condition that the said Governor and Company should
form on the said island a settlement or settlements, as hereinafter mentioned, for the purpose
of colonizing the said island, and also should defray the entire expense of any civil and military
establishments which may be required for the protection and government of such settlement
or settlements (except, nevertheless, during the time of hostilities between Great Britain and
any foreign European or American power): Now know ye, that We, being moved by the reasons
before mentioned, no by these presents, for us, our heirs and successors, give, grant, and confirm
unto the said Governor and Company of Adventurers of England trading into Hudson's Bay,
and their successors, all that the said island called Vancouver's Island, with the fishing of all
sorts of fish in the seas, bays, inlets and rivers within or surrounding the same, together with
all royalties of the seas upon the coasts within the limits aforesaid, and all mines royal thereto
belonging: ANn further We do, by these presents, for us, ourjheirs and successors, make,
create and constitute, the said Governor and Company for the time being, and their successors,
,the true and absolute lords and proprietors of the same territories, limits and places, and
of all  other the premises  (saving always the faith, allegiance, and sovereign dominion
due to us, our heirs, and successors for the.same), to have, hold, possess and enjoy the
said territory, limits, and places, and all and singular other the premises hereby granted
as aforesaid, with their and every of their rights, members, royalties, and appurtenances
whatsoever to them, the said Governor and Company, and their successors for ever, to be
619. c 3 holden i6
PAPERS RELATING TO THE
«
holden of us, our heirs and successors, in free and common soccage, at the yearly rent
of 7 s., payable to us and our successors for ever, on the 1st day of January in every
year: Provided always, and we declare, That this present grant is made to the intent that the
said Governor and Company shall establish upon the said island a settlement or settlements
of resident colonists, emigrants from our United Kingdom of Great Britain and Ireland, or
from other our dominions, and shall dispose of the land there as may be necessary for the
purpose of promoting settlements (and for the actual purpose of promoting settlements), and
for the actualpurposes of colonization, and shall, once in every two years at the least, certify
under the seal of the said Governor and Company, to one of our Principal Secretaries of State,
what colonists shall have been from time to time settled in the said island, and what land shall
have been disposed of as aforesaid: And we further declare, that this present grant is made
upon this condition, that if the said Governor and Company shall not, within the term of five
years ftom the date of these presents, have established upon the said island a settlement of
resident colonists, emigrants from the United Kingdom of Great Britain and Ireland, or from
other our dominions, and it shall at any time, after the expiration of such term of .five years,
be certified to us, our heirs or successors, by any person who shall be appointed by us, our
heirs or successors, to inquire into the condition of such island, that such settlement has not
been established according to the intent of this our grant, it shall be lawful for us, our heirs
and successors, to revoke this present grant, and to enter upon and resume the said island
and premises hereby granted, without prejudice, nevertheless, to such dispositions as may have
been made in the mean time by the said Governor and Company of any laud in the said island
for the actual purposes of colonization and settlement, and as shall have been certified as aforesaid to one of our Principal Secretaries of State : And we hereby declare, that this present
grant is and shall be deemed and taken to be made upon this further condition, that we, our
heirs and successors, shall have, and we accordingly reserve unto us and them, full power,
at the expiration of the said Governor and Company's grant or license of or for the exclusive
privilege of trading with the Indians, to repurchase and take of and from the said Governor and
Company the said Vancouver's Island and premises hereby granted, in consideration of payment being made by us, our heirs or successors, to the said Governor and Company of the
sum or sums of money theretofore laid out and expended by them in and upon the said
island and premises, and of the value of their establishments, property and effects then
being thereon. In witness whereof, we have caused these our letters to be made patent.
Witness Ourselves at Westminster the day of in the year
of our reign.
•No. 13.
Copy of a LETTER from B. Hawes, Esq., to Sir J. H. Pelly, Bart.
No. 13.
B. Hawes, Esq
Sir J. H.Pelly
Bart.
31 July 1848.
Sir,
Downing-street, 31 Julv 1848.
.,to I am directed by Earl Grey to inform you, that he sees no reason to object to
the draft of the grant of Vancouver's Island to the Hudson's Bay Company,
which was forwarded to this department with your letter of the 20th of this
month, and he will be prepared to take the proper steps for the formal execution
of the grant in these terms so soon as the other arrangements required for the
settlement of the island shall be finally agreed upon.
With this view it will, in the first place, be necessary to provide for the
government of the colony, which the Company undertakes to found on the
island, and to make provision also for the establishment of legislative authority
among the colonists. It appears to his Lordship, as has been already explained
to you in the interviews which have taken place on this subject, that, with
reference to the probable circumstances of the future settlement, the best course
which suggests itself is, to confer on the emigrants the same powers of local
self-government which it was usual to grant to the settlers in new colonies in
the earlier days of our colonial history. With this view, it is proposed that a
Commission, as nearly as possible in the same form as those granted to the first
Governors of Jamaica, should be issued to a Governor, who must he appointed
by the Crown, though in the selection of the person to be recommended to Her
Majesty for the office, Lord Grey would think it right to he guided in a great
measure by the wishes of the Company. By such a Commission the Governor
would be directed to summon an Assembly, elected by the general votes of the
inhabitants, to exercise, in conjunction with himself and a Council nominated in
the usual manner, the powers of legislation. Provision is already made for
establishing a judicial authority under the " Act for establishing a Criminal and
Civil Jurisdiction in certain parts of North America," 1 & 2 Geo. 4, c. 66.
Lord COLONIZATION OF VANCOUVER'S ISLAND.
17
Lord Grey will direct the draft of a Commission, and instructions for the
Governor of the proposed settlement to be prepared without delay, and will
cause them to be communicated to you, and he will also he glad to receive from
you an expression of your opinion as to the person who may most properly be
recommended to Her Majesty for the office of Governor.
I have, &c.
(signed)       B. Hemes.
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fjj COPY of the CORRESPONDENCE
BETWEEN  THE
CHAIRMAN   OF   THE   HUDSON'S   BAY   COMPANY
AND   THE
SECRETARY OF STATE  FOR THE  COLONIES
RELATIVE  TO  THE
COLONIZATION OF VANCOUVER'S ISLAND,
Pursuant to Address, dated 24th August 1848.
Colonial Office, Downing Street, 1
1st February 1849.
B. HAWES.
Ordered to be printed 12th February 1849.
(18.) HB
SCHEDULE.
No.
1. Sir J. Pelly to Earl Grey
Date.
7th Sept. 1846
2. B. Hawes, Esq., to Sir J. Pelly ' 3d Oct. 1846
3. Sir J. Pelly to B. Hawes, Esq. 24th Oct. 1846
4. B. Hawes, Esq., to Sir J. Pelly 14th Dec. 1846
5. Sir J. Pelly to Earl Grey       - 22d Jan. 1847
6. B. Hawes, Esq., to Sir J. Pelly    2d Feb. 1847
7. Sir J. Pelly to Earl Grey       -    5th Mar. 1847
8. B. Hawes, Esq., to Sir J. Pelly 25th Feb. 1848
9. Sir J. Pelly to Earl Grey       -   4th Mar. 1848
10. Sir J. Pelly to Earl Grey
4th Mar. 1848
11. B. Hawes, Esq., to Earl Grey   13th Mar. 1848
12. Sir J. Pelly to Earl Grey       - 20th July 1848
13. B;Hawes, Esq., to Sir J. Pelly 31st May 1848
Subject. Page.
Colonization  of the British Territories
Westward of the Rocky Mountains,
and Northward of the 49th Degree of
. North Latitude        - - -      3
Reply to preceding Letter       - -     3
Transmitting Report from Mr. Douglas
of the Locality Westward of the Rocky
Mountains; presumed Power of the
Hudson's Bay Company to receive a
Grant of Land under their Charter -     4
Answer to preceding Letter       - -      8
Transmitting Case, and Opinion of Attorney and Solicitor General thereon,
as to whether the Hudson's Bay Company have Power under their Charter
to hold Lands Westward of the Rocky
Mountains       » - 9
Reply to preceding Letter       - 9
Willingness of the Hudson's Bay Company to undertake the Government
and. Colonization of all Territories
belonging to the Crown North and
West of Rupert's Land
Reply to preceding Letter
Proposal for limiting the Grant to the
Hudson's Bay Company to the Territory North of 49th Degree of Latitude, bounded on the East by the
Rocky Mountains       - -        -
Reasons why the Company were desirous of the more extended Grant of
Territory applied for in Letter of the
5th of March  -        -
Reply to preceding Letter
Transmitting Draft of the Grant to the
Hudson's Bay Company of Vancouver's Island ...
Reply to preceding Letter
9
10
10
12
13
14
17 (    3    )
COPY
OF
Correspondence between the Chairman of the Hudson's Bay Company
and the Secretary of State for the Colonies, relative to the
Colonization of Vancouver's Island.
No. 1.
Copy of a Letter from Sir J. H. Pelly Bart, to Earl Grey.
My Lord, Hudson's Bay House, 7th September 184<6.
The annual Ship of the Hudson's Bay Company to the Columbia and Northwest Coast of America is now loading, and will be ready to sail about the
Middle of this Month. By this Opportunity the Company send out their Instructions for the Information and Guidance of the Officers in charge of their
Interests in that Quarter.
The Treaty for the Division of the Oregon Territory having been concluded,
I conceive that all Questions respecting the possessory Rights of the Hudson's
Bay Company, and of all other 'British Subjects who may be already in the
Occupation of Lands or other Property, as stated in the Third Article of the
Treaty, or respecting the Lands, Farms, and other Property of every Description belonging to the Puget Sound Agricultural Company, as mentioned in the
Fourth Article, (the whole of which is on the South Side of the Line of Demarcation, viz. Latitude Forty-nine,) will be referred to the Secretary of State for
Foreign Affairs ; but that Questions relating to Settlement in the Territory on
the North Side of the Boundary Line (now exclusively British) will belong to
the Colonial Department over which your Lordship presides.
Assuming that I am right in this Opinion, I now address your Lordship with
the view of ascertaining the Intentions of Her Majesty's Government as to the
Acquisition of Lands or Formation of Settlements to the North of Latitude
Forty-nine.
The Hudson's Bay Company having formed an Establishment on the
Southern Point of Vancouver's Island, which they are annually enlarging, are
anxious to know whether they will be confirmed in the Possession of such
Lands as they may find it expedient to add to those which they already
possess.
With regard to the Question of Trade, your Lordship is aware that the Company, by a Grant from the Crown, dated 13th May 1838, have the exclusive
Bight of trading with the Natives of the Countries West of the Rocky Mountains for Twenty-one Years from that Date.
I have, &c.
(Signed)       J. H. Pelly.
No. 1.
Sir
J. H. Pelly, Bart.,
to
Earl Grey.
7th Sept. 1846.
No. 2.
Copy of a Letter from B. Hawes Esq. to Sir J. H. Pelly Bart.
Sir, Downing Street, 3d October 1846.
In reference to your Letter of the 7th ultimo, respecting the Colonization
of the British Territories in North America situate to the Westward of the
Rocky Mountains, and to the Northward of the Forty-ninth Degree of North
Latitude, and in reference to what passed at the Interview which took place
with you .on that Subject at this Office on the 23d of September, I have received
the Directions of Earl Grey to request that you would move the Directors of
the Hudson's Bay Company to apprise his Lordship, with as much Exactness as
B
J.
3d
No. 2.
. Hawes,
Esq.,
to
Sir
H. Pelly,
Bart.
October
184.6
(18.)
A 2
may 4
PAPERS RELATING TO THE
may be possible, what is the Extent and what are the natural or other Limits of
the Territory in the Possession of which they desire to be confirmed, pointing
out what may be known regarding the Soil, Harbour, and navigable Streams
comprised within it. I am further to signify to you Lord Grey's Wish to be
informed by the Company, whether they are advised that their Right is clear in
point of Law to receive and hold in their corporate Capacity any Lands within
the Dominions of the British Crown Westward of the Rocky Mountains.
The Company's Answer to these Inquiries may perhaps relieve his Lordship
from the Difficulty which he at presents feels in returning any definite Answer
to their Aplication.
I have, &c.
(Signed)       B. Hawes.
No. 3.
Sir
J. H. Pelly, Bart.,
to
B. Hawes, Esq.
No. 3.
:!'l
Copy of a Letter from Sir J. H. Pelly Bart, to B. Hawes Esq.
Sir, Hudson's Bay House, 24th October 1846.
I have to acknowledge the Receipt of your Letter of the 3d instant, stating
2+th October 1846. that you had received the Directions of Earl Grey to make certain Inquiries
       of the Directors of the Hudson's Bay Company, the Answers to which might
perhaps relieve his Lordship from the Difficulty he at present feels in returning
any definite Answer to the Application made in my Letter of the 7th September,
respecting an Establishment which the Company have formed on the South
Point of Vancouver's Island.
In reply to his Lordship's Inquiries as to the Extent and Limits of the Territory in the Possession of which the Company desire to be confirmed, and the
Soil, Harbours, and navigable Streams comprised within it, I enclose the
Report, dated 12th July 1842, made by Mr. Chief Factor Douglas, the Officer
- who was sent to survey the Locality, and to select an advantageous Situation
for carrying on the Company's Trade, in the event of any Portion of the Territory North of the Columbian River falling under the Dominion of the United
States, together with Extracts from Despatches of various Dates received at
the Hudson's Bay House since the Receipt of that Report.
The only additional Information in the Company's Possession will be found
in the Report of Lieutenants Warre and Vavasour, dated 1st November 1845,
addressed to the Secretary of State for the Colonies, and in that of Lieutenant
Vavasour to Colonel Holloway of the Royal Engineers, Canada, dated
1st March 1846, which is accompanied by a Sketch of the Harbour of
Lamoosan, and a Plan of Fort Victoria.
In reference to the Question, whether the Company are advised that their
Right is clear in point of Law to receive and hold in their Corporate Capacity
any Lands within the Dominions of the British Crown Westward of the Rocky
Mountains, I beg to observe, that there is nothing in the Charter of Incorporation granted to the Company by Charles II. to preclude them from holding
Lands in addition to those comprehended within it; and I entertain no Doubt
whatever, that if Her Majesty be graciously pleased to grant the Company, in
perpetuity, any Portion of the Territory Westward of the Rocky Mountains
now under the Dominion of the British Crown, such Grant will be perfectly
valid. Had I, indeed, ever had any Doubt on that Point, it would have been
removed by the Treaty lately concluded between Great Britain and the United
States, in the 3d Article of which (as I interpret it) the British Government
has fully recognized the Right in question.
The Lands held by the Company South of the 49th Parallel have been
confirmed to them under that Treaty by an Act of the Crown, and they therefore hope that Her Majesty's Government will not see Reason to withhold from
them a similar Confirmation in the Lands they held North of that Parallel at
the Time the Treaty was concluded.
This, however, is a Matter of small Importance compared with the
Colonization of such Parts of the Territory as may be adapted to that
Purpose.
The Royal Grant to the Hudson's Bay Company of the exclusive Privilege
of trading with the Natives of the Territories Westward of the Rocky
Mountains, dated 13th May 1838, reserves to the Crown the Right of establishing COLONIZATION OF VANCOUVER'S ISLAND. 5
llshing Colonies within those Territories, or of annexing any Part of the
Territories to any existing Colony or Colonies; and the Company's Charter constitutes the Territory included within the Limits therein prescribed, " One of
" His Majesty's Plantations and Colonies in America," under the Name of
Rupert's Land. The Inference, therefore, appears to me to be clear and
obvious, that.the Company may legally hold any Portion of the Territories
belonging to the Crown Westward of the Rocky Mountains that it may please
Her Majesty to annex to Rupert's Land.
It would be a superfluous Task to enter into a Detail of the Reasons which
render the Colonization of Vancouver's Island an Object of great Importance.
I shall at present merely submit to Earl Grey's Consideration, whether that
Object, embracing as I trust it will the Conversion to Christianity and Civilization of the native Population, might not be most readily and effectually
accomplished through the Instrumentality of the Hudson's Bay Company,
either by a Grant of the Island on Terms to be hereafter agreed upon, or in
some other Way in which the Influence and Resources of the Company might
be made subservient to that End.
I have, &c.
(Signed)        J. H. Pelly.
P-S.—Please to return Mr. Douglas's Report, of which you may take a
Copy if you wish to do so.
Enclosure 1. in No. 3.
Dear Sir, Fort Vancouver, 12th July 1842.
According to your Instructions, I embarked with a Party of Six Men in the Schooner
** Cadboi'o'," at Fort Nisqually, and proceeded with her to the South End of Vancouver's
Island, visited the most promising Points of that Coast, and, after a careful Survey of its
several Ports and Harbours, I made Choice of a Site for the proposed new Establishment
in the Port of Camosack, which appears to me decidedly the most advantageous Situation
for the Purpose within the Straits of De Fuca.
2. As a Harbour it is equally safe and accessible, and Abundance of Timber grows near
it for Home Consumption and Exportation. There being no fresh-water Stream of
sufficient Power, Flour or Saw Mills may be erected on the Canal of Camosack at a Point
where the Channel is contracted to a Breadth of Forty-seven Feet by Two narrow Ridges
of Granite projecting from either Bank into the Canal, through which the Tide rushes out
and in with a Degree of Force and Velocity capable of driving the most powerful Machinery,
if guided and applied by mechanical Skill.
3. In the several important Points just stated, the Position of Camosack can claim no
Superiority over some other excellent Harbours on the South Coast of Vancouver's Island;
but the latter are, generally speaking, surrounded by Rocks and Forests, which it will
require Ages to level and adapt extensively to the Purposes of Agriculture, whereas at
Camosack there is a Range of Plains nearly Six Miles Square, containing a great Extent
of valuable Tillage and Pasture Land equally well adapted for the Plough or for feeding
Stock. It was this Advantage and distinguishing Feature of Camosack, which no other
Part of the Coast possesses, combined with the Water Privilege on the Canal, the Security
of the Harbour, and Abundance of Timber around it, which led me to choose a Site for the
Establishment at that Place, in preference to all others met with on the Island.
4. I will now proceed to describe the most prominent Features of the other Ports visited
during this Cruise, in order that you may know and weigh the Grounds of my Objections
to them as eligible Places of Settlement.
5. The finest and only District of Vancouver's Island which contains any considerable
Extent of clear Land is situated immediately on .the Straits of De Fuca, beginning at Point
Gonzalo, the South-east Corner of the Island, and running Westward from it to the Port
of Sy-yousung; from whence, to the South-west Point of the Island opposite Cape Flattery,
there are no safe Harbours for Shipping, and the Country is high, rocky, and covered with
Wood, presenting in its Outline the almost unvarying Characters of the Coast of Northwest America, to which it unfortunately bears a too faithful Resemblance.
6. On the contrary, the former District of the Island, extending from Port Sy-yousung
to Point Gonzalo, is less elevated, more even, and diversified by Wood and Plain. The
Coast is indented with Bays and Inlets; there are several good Harbours, with Anchorage
at almost every Point, where Vessels may bring up in Calms. To this Part of the Coast I
directed much Attention ; and having travelled over almost every Mile of it, I will here state
the Result of my Observations, beginning with Port Sy-yousung, the most Westerly Harbour deserving of Notice.
7. Sy-yousung is a spacious Inlet, extending more than Two Miles into the Country,
where Shipping may lie at all Seasons of the Year in perfect Safety, as it is protected from
every Wind; there is, however, a strong Current setting through the Entrance with the
(18.) B Flood
End 1. in No. 3. PAPERS RELATING TO THE
Flood and Ebb that might detain and prove inconvenient to Vessels entering or leaving
Port, otherwise it is unexceptionable as a Harbour. A shallow Rivulet, Thirty Feet wide,
which takes its Rise from a Lake in the Interior of the Island, falls into the North End of
the Inlet, remarkable as being the largest and only fresh-water Stream capable of floating
a Canoe that we found on this Part of the Island.
It can, however, hardly be called navigable, as during a short Excursion I made upon
it we had to drag our Canoe over Banks of Gravel that traverse the Bed of the Stream at
every 100 Yards. An extensive Mud-flat also lies off its Mouth, which is nearly dry and
impassable in the smallest Craft at Low Water. It has also the Reputation of being a
good Fishing Stream; and, as far as I could learn from the Natives of the Place, a
considerable Quantity of Salmon is caught there annually, a Consideration which would
make it exceedingly valuable to an Establishment. These are the only good Points of this
Harbour, which the Character of the Country in its Vicinity render of no Avail, as the Place
is totally unfit for our Purpose, the Shores being high, steep, rocky, and everywhere
covered with Woods. In ranging through the Forest we found One small Plain, containing
300 or 400 Acres of Land, at the Distance of One Mile from the Harbour; but the rest
of the Country in its Neighbourhood appeared to consist either of Wood Land or Rocky
Hills.
8. Eight Miles East of Sy-yousung is the Port of Whyring, divided from the former by
a Ridge of Woody Hills extending from the Coast to the central high Land of the Island.
This is a pretty good Harbour, but has nothing further to recommend it, as a single Glance
at the high broken Hills of naked Granite which form the East Side of the Basin, and the
equally sterile Character of the West Shore, satisfied me that this Place would not answer
our Purpose.
In One of our Excursions we found a narrow Plain, nearly a Mile long, at the same
Distance from the Harbour, which is the only clear Land in its Vicinity.
9. Metchosin is an open Roadstead, One and a Half Mile East of the former Port. It
is a very pretty Place, and has a small fresh-water Run near it. There is, however, no
Harbour, and the Anchorage is exposed, and must be insecure in rough Weather. In
addition to that Disadvantage, the Extent of clear Ground is much too small for the
Demands of a large Establishment, and a great Part of what is clear is poor, Stony Land,'
with a rolling Surface, so that on the whole it would not do for us.
10. Is-whoy-malth is the next Harbour to the Eastward, and appears on the Ground
Plan accompanying this Letter. It is one of the best Harbours on the Coast, being perfectly safe and of easy Access, but in other respects it possesses no Attraction. Its
Appearance is strikingly unprepossessing, the Outline of the Country exhibiting a confused
Assemblage of Rock and Wood. More distant appear isolated Ridges, thinly covered with
scattered Trees and Masses of bare Rock; and the View is closed by a Range of low
Mountains, which traverse the Island at the Distance of about Twelve Miles. The Shores'
of the Harbour are rugged and precipitous, and I did not see One level Spot clear of Trees'
of sufficient Extent to build a large Fort upon; there is in fact no clear Land within a
Quarter of a Mile of the Harbour, and that lies in small Patches here and there on the
Acclivities and Bottoms of the rising Ground. At a greater Distance are Two elevated
Plains, on different Sides of the Harbour, containing several Bottoms of rich Land, the
largest of which does not exceed Fifty Acres of clear Space, much broken bv Masses of
Limestone and Granite.
Another serious Objection to this Place is the Scarcity of fresh Water. There are
several good Runs in Winter, but we found them all dried up, and we could not manage to
fill a single Beaker in the Harbour.
] 1. The next Harbour, about One Mile and a Half East of the former, is the Port and
Canal of Camosack, which, as already said, I think the most advantageous Place for the new
Establishment. From the general Description here given, I fear you will not discover
many Traces of the level champaign Country so fancifully described by other Travellers
who preceded me in this Field; and you will also observe, that there is One important
Objection which applies to all the Places except g Camosack," mentioned in this Sketch,
namely, the Absence of any Tract of clear Land sufficiently extensive for the Tillage and
Pasture of a large agricultural Establishment. It would also be difficult to find a convenient Situation for an Establishment on the rugged high Shores of any of the other
Harbours, and, moreover, these latter Places, with the Exception of " Sy-yousung" and
" Metshosin, " are all scantily supplied with fresh Water.
12.. On the contrary, at Camosack, there is a pleasant and convenient Site for the
Establishment within Fifty Yards of the Anchorage, on the Border of a large Tract of clear
Land, which extends Eastward to Point Gonzalo at the South-east Extremity of the Island,
and about Six Miles interiorly, being the most picturesque and decidedly the most valuable
Part of the Island that we had the good Fortune to discover.
The accompanying Ground Plan shows pretty correctly the Distribution of Wood,
Water, and Prairie upon the Surface, and to it I beg to refer you for Information upon
such Points.
13. More than Two Thirds of this Section consist of Prairie Land, and may be converted either to Purposes of Tillage or Pasture, for which I have seen no Part of the
Indian Country better adapted; the rest of it, with the Exception of the Ponds of Water,
is COLONIZATION OF VANCOUVER'S ISLAND. 7
is covered with valuable Oak and Pine Timber. I observed, generally speaking, but Two
marked Varieties of Soil on these Prairies; that of the best Land is a dark vegetable Mould,
varying from Nine to Fourteen Inches in Depth, overlaying a Substrata of greyish clayey
Loam, which produces, the rankest Growth of native Plants that I have seen in America.
The other Variety is of inferior Value, and to judge from the less vigorous Appearance of
the Vegetation upon it, naturally more unproductive.
Both' Kinds, however, produce Abundance of Grass, and several Varieties of Red Clover
grow on the rich moist Bottoms.
In Two Places particularly we saw several Acres of Clover growing with a Luxuriance
and Compactness more resembling the close Sward of a well-managed Lea than the Produce of an uncultivated Waste.
14. Being pretty well assured of the Capabilities of the Soil as respects the Purposes
of Agriculture, the Climate being also mild and pleasant, we ought to be able to grow
every Kind of Grain raised in England. On this Point, however, we cannot speak confidently until we have tried the Experiment and tested the Climate, as there may exist local
Influences destructive of the Husbandman's Hopes, which cannot be discovered by other
Means. As, for instance, it is well known that the damp Fogs which daily spread over the
Shores of Upper California blight the Crops, and greatly deteriorate the Wheat grown near
the Sea Coast in that Country. I am not aware that any such Effect is ever felt in the
temperate Climate of Britain, nearly corresponding in its insular Situation and geographical
Position with Vancouver's Island, and I hope the latter will also enjoy an Exemption from
an Evil at once disastrous and irremediable. We are certain that Potatoes thrive and
grow to a large Size, as the Indians have many small Fields in cultivation which appear to
repay the Labour bestowed upon them, and I hope that other Crops will do as well.
The Canal of Camosack is nearly Six Miles long, and its Banks are well wooded throughout its whole Length, so that it will supply the Establishment with Wood for many Years
to come, which can be conveyed in large Rafts, with very little Trouble, from one Extreme
of the Canal to the other.
I mentioned in a former Part of this Letter that I proposed to erect any Machinery
required for the Establishment at the Narrows of this Canal, about Two Miles distant
from the Site of the Fort, where there is a boundless Water-power, which our Two Millwrights, Crate and Fenton, think might, at a moderate Expense, be applied to that Object.
A fresh-water River would certainly be in many respects more convenient, as the moving
Power could be made to act with greater Regularity and be applied to Machinery at
probably less Labour and Expense than a Tide Power; besides the Facilities and immense Advantage of having a Water Communication, instead of a tedious Land Transport
for the Conveyance of Timber from a Distance, after exhausting that growing in the immediate Vicinity of the Mill Seat. But I saw no Stream that would fully answer these
Purposes, not even excepting the one in the Harbour of " Sy-yousung." We must therefore
of Necessity have recourse to the Canal, or select a Mill Seat on the Continental Shore, a
Step that I would not advise until we have gained the Confidence and Respect of the
native Tribes.
The natural Supply of fresh Water will probably be found scanty enough for the Establishment in very dry Seasons; but I think that between a small Stream at the Distance of
300 Paces, and its Feeder, a Lake 800 Yards from the Site of the Fort, we may always
depend on having at least a Sufficiency of this indispensable Element. The Labour of
carting it from a Distance of even 800 Yards would, however, be very great, and I would
therefore recommend that Wells should be dug within the Fort of sufficient Depth to yield
a constant and regular Supply at all Times. This, I have no Doubt, will be found the
cheapest Plan in the End, besides the Importance of having Water at hand in Cases of
Fire, or in the event of any Rupture with the Natives.
17. It is unnecessary to occupy your Time with any further Details on the Subject of
this Cruise, as the present Sketch will enable you to form a correct Estimate of the Advantages and Disadvantages of the several Places visited; and I think your Opinion cannot
vary much from my own respecting the decided Superiority of Camosack over the other
Parts of the Island, or of the Continental Shore known to us as a Place of Settlement.
The Situation is not faultless, or so completely suited to our Purposes as it might be; but I
despair of any better being found on this Coast, as I am confident that there is no other
Seaport North of the Columbia where so many Advantages will be found combined.
I have, &c.
John M'Loughlin, Esq. (Signed)        James Douglas.
&c. &c.
Enclosure 2. in No. 3.
Extract of Despatch from Sir George Simpson to the Governor and Committee of the
Hudson's Bay Company, dated Red River Settlement, 21st June 1844.
By Advices from Fort Victoria up to the latter End of February I am glad to find that
the Business of that new Establishment was going on in a satisfactory Manner.
The Situation of Fort Victoria is represented as peculiarly eligible for a Depot in every
respect, except the possible Scarcity of Water in very dry Seasons, but that it was hoped to
(18.) overcome
Encl. 2. in No. PAPERS RELATING TO THE
overcome by sinking a Well; while Abundance of Water can always be had from a never-
failing Stream about a Mile and a Half from the Establishment. The Country and Climate
are said to be remarkably fine; an excellent Harbour, and the Means of living abundant,'
say Fish, Venison, domestic Cattle, and agricultural Produce. The Harbour being easy
of Access at all Times, Fort Victoria will in all probability become valuable as a Port of
Refuge and Refreshment for any Vessels frequenting those Seas.
The Natives are not so numerous or formidable as we were led to believe, and seem
peaceably and well disposed; but as yet, judging from the Quantity of Furs brought in, it
does not appear that they are very active, either as Traders or Hunters, or that their
Country is rich in that Way.
Enclosure 3. in No. 3.
Extract of Despatch  from  Messrs. Peter   Skene  Ogden  and James  Douglas   to
Sir George Simpson, dated Fort Vancouver, 19th March 1846.
The Outfit of the North-west Coast was landed at Fort Victoria, direct from England,
and in course of the Summer the Returns and Produce of Forts Nisqually, Longley, and
other Posts on the Coasts, and from this River, were transported thither, and deposited for
Exportation; an exceedingly convenient Arrangement, which obviates the Necessity of
exposing so much valuable Property to the Risks and Dangers of the Columbia Bar. We
are now enlarging the Fort, and getting Two additional Buildings erected of 100 x 40
Feet to store the Depot Goods away, and other Improvements to facilitate the landing and
discharging the Vessels are also in progress. The Farm has been considerably enlarged,
and upwards of 100 Head of Cattle and Horses carried thither from Puget's Sound. In
short, every Effort is and will be directed towards giving Form and Substance to the Plan
proposed in your Letter.
Encl. 4. in No. 3.
Enclosure 4. in No. 3.
Extract of Despatch from Sir George Simpson to the Governor and Committee of the
Hudson's Bay Company, dated Red River Settlement, 18th June 1846.
Fort Victoria promises to become a very important Place, and is decidedly better
adapted, as regards Situation, to be the great Depot for the Country, than any other of our
Establishments on the Coast, being easy of Access at all Seasons, and so far distant from the
disorderly Population of Columbia that we have little Cause for Apprehension from that
Quarter.
From the Observations of Messrs. Warre and Vavasour, who visited the Establishment,
I should infer that the Fort has not been erected on the most convenient Site as regards
the Shipping. I shall draw the Attention of the Board of Management to this Subject,
after Messrs. Warre and Vavasour have afforded me a Perusal of the Report they have
prepared for the Information of Her Majesty's Government, giving the Result of the Visit
to the Oregon Territory. It is intended to increase the Farm at Fort Victoria, for which
the Country appears well adapted, but I have not been furnished with any detailed Information on the Subject.
During the first Winter, about 100 Head of Cattle and Horses were conveyed thither
from Nisqually, and the Farm last Season produced 1,000 Bushels of Wheat over and above
the Expenditure of the Post.
Three American Whaling Ships entered the Straits of Fuca last Autumn for the Purposes of obtaining Supplies; and I think it likely an advantageous Branch of Business may
be formed at Victoria, by supplying the Ships engaged in the Whale Fishery with Clothing,
Marine Stores, Refreshments, &c, being much nearer the Fishing Grounds than either
California or the Sandwich Islands, the dangerous Bar of the Columbia River interdicting
frequent Intercourse with that Quarter.
No. 4.
B. Hawes, Esq.,
to
Sir
1. II, Pelly, Bart.
1846.
No. 4.
Extract of a Letter from B. Hawes Esq. to Sir J. H. Pelly Bart., dated
Downing Street, 14th December 1846.
I am directed by Earl Grey to acknowledge the Receipt of your Letter of the
24th of October last, and to return to you the following Answer to it.
Lord Grey is unable to announce to you any Decision of Her Majesty's
Government with regard to the Colonization of the Oregon Territory. His'
Lordship will be happy to receive, and will consider with every Disposition to
accede to it, any specific Proposal for that Purpose which may be suggested to
him either by the Hudson's Bay Company or by any other Person interested
on the Subject.
Lord COLONIZATION OF VANCOUVER'S ISLAND.
9
Lord Grey further directs me to state, that he is prepared to assent, on Her
•Majesty's Behalf, to your Proposal that certain Lands in Vancouver's Island^
pr in other Parts of the Oregon Territory, should be granted to the Hudson's
B,ay Company ; but before making that Grant his Lordship would require the
Production by the Company of an Opinion from Her Majesty's Attorney and
Solicitor General, to the EfFect that the Acceptance by the Company of such a
Grant would be consistent with their Charter of Incorporation.
No. 5.
Copy of a Letter from Sir J. H. Pelly Bart, to Earl Grey.
No. 5.
Sir
J. H. Pelly, Bart.,
to
My Lord, Hudson's Bay House, 22d January 1847. Earl Gre?-
Mr. Under Secretary  Hawes,  in  the  Letter   which  by your Lordship's 22cl janu     lg.7
Direction he did me the Honour to address to me on the 14th ultimo, stated that	
you were prepared to assent, on Her Majesty's Behalf, to my Proposal that certain
Lands in Vancouver's Island, or in other Parts of the Oregon Territory, should
be granted to the Hudson's Bay Company ; but that before making that Grant
you would require the Production by the Company of an Opinion from Her
Majesty's Attorney and Solicitor General to the Effect that the Acceptance by
the Company of such a Grant would be consistent with the Charter of Incorporation.
On receiving this Intimation I directed a Case to be drawn up for the Opinion
of the Attorney and Solicitor General, which Case, with their Opinion thereon,
I have the Honour to transmit to your Lordship herewith.
Your Lordship will perceive that the Question raised in the Case is confined .
to the single Point on which you expressed a Wish to receive Information,
namely, whether the Hudson's Bay Company have Power under their Charter
to  hold  Lands   within   Her Majesty's Dominions Westward  of the Rocky
Mountains.
I have, &c.
(Signed)        J. H. Pelly.
No. 6.
Copy of a Letter from B. Hawes Esq. to Sir J. H. Pelly Bart.
Sir,
Downing Street, 2d February 1847.
No. 6.
B. Hawes, Esq.,
to
Sir
J. H. Pelly, Bart.
Having laid before Earl Grey your Letter of the 22d instant, together with 2d February 1847.
the Opinion of Her Majesty's Attorney and Solicitor General upon the Question     "i jj
submitted to them, as to the Power of the Hudson's Bay Company, under their
Charter, to hold Lands in the Queen's Dominions Westward of the Rocky Mountains in North America, I am directed by his Lordship to inform you that, on
the Perusal of that Opinion, he is now ready to receive and consider the Draft
of such a Grant as the Company would desire to receive of Lands belonging to
the British Crown in the Oregon Territory. i|||
I have, &c.
(Signed)        B. Hawes.
No. 7.
Copy of a Letter from Sir J. H. Pelly Bart, to Earl Grey.
My Lord, Hudson's Bay House, 5th March 1847-
I have the Honour to acknowledge the Receipt of Mr. Under Secretary
Hawes's Letter of the %d February, stating that your Lordship, on the Perusal of
the Opinion of Her Majesty's Attorney and Solicitor General as to the Power of
the Hudson's Bay Company under their Charter, to hold Lands within the Queen's
Dominions Westward of the Rocky Mountains in North America, is ready to
receive and consider the Draft of such a Grant as the Company would desire to
receive of Lands belonging to the British Crown in the Oregon Territory.
(18.) C In
No. 7.
Sir
J. H. Pelly, Bart.,
to
Earl Grey.
5th March 184-7.
Jill 10
PAPERS RELATING TO THE
In reply to this Communication, I beg leave to say, that if Her Majesty's
Ministers should be of opinion that the Territory in question would be more
conveniently governed and colonized (as far as that may be practicable) through
the Hudson's Bay Company, the Company are willing to undertake it, and will
be ready to receive a Grant of all the Territories belonging to the Crown which
are situated to the North and West of Rupert's Land.
The Draft which I have the Honour to transmit to your Lordship herewith is
framed on the Supposition that Her Majesty's Government, after considering
the Nature and Circumstances of those Territories, will be of this Opinion.
I have, &c.
(Signed)        J. H. Pelly.
No. 8.
B. Hawes, Esq.,
to
Sir J. H. Pelly,
Bart.
25th Feb. 1848.
For Copy of Agreement entered into with
Mr. Wise, vide Papers
relative to Labuan,
ordered by the House
of Commons to be
printed, 3d July 1848,
No. 460.
No. 8.
Copy of a Letter from B. Hawes Esq. to Sir J. H. Pelly Bart.
Sir, Downing Street, 25th February 1848.
I am desired to remind you of your Letter of the 5th March 1847, submitting,
for Lord Grey's Consideration, an Application on the Part of the Hudson's Bay
Company for a Grant of all the Territories belonging to the Crown which are
situated to the North and West of Rupert's Land.
In an Interview which Earl Grey had with you subsequently to that Application, you were informed that the Proposal you had made was too extensive for
Her Majesty's Government to entertain.
I am now directed by his Lordship to state, that if you are prepared to submit
another Scheme which shall be more limited and definite in its Object, and yet
embrace a Plan for the Colonization and Government of Vancouver's Island,
Her Majesty's Government will be ready to give their immediate and attentive
Consideration to such Proposal. Assuming that in any Negotiation which may
take place on this Subject the Value of the Coal at Vancouver's Insland will
necessarily form a material Consideration on the Part of the Hudson's Bay
Company, Lord Grey directs me to send you the Copy of an Agreement
recently entered into with Mr. Wise, from which you will learn the Terms on
which the Government have granted a Lease to that Gentleman of the Coal at
Labuan, and which may possibly serve as a Guide in any Proposal which the
Company may think proper to make for working the Coal at Vancouver's
Island.
I have, &c.
(Signed)        B. Hawes.
No. 9.
Sir J. H. Pelly,
Bart.,
to
Earl Grey.
4th March 1848.
No. 9.
Copy of Letter from Sir J. H. Pelly Bart, to Earl Grey.
My Lord, Hudson's Bay House, 4th March 1848.
I have to acknowledge the Receipt of a Letter from Mr. Hawes, dated
25th February, acquainting me that he is desired to remind me of my Letter of
5th March 1847? in which I submitted for your Lordship's Consideration an
Application on the Part of the Hudson's Bay Company for a Grant of all the
Territories belonging to the Crown which are situated to the North and West
of Rupert's Land.
Mr. Hawes also states, that in an Interview which I had with your Lordship
subsequently to that Application I was informed that the Proposal I had made
was too extensive for Her Majesty's Government to entertain.
In the Interview to which Allusion is made your Lordship did not appear to
me to express yourself so decidedly as to lead me to believe that Her Majesty's
Government had made up their Minds on the Subject, and therefore I did not
consider what then fell from your Lordship as an Answer to my official Letter
of the 5th March. I regret this Misapprehension, and shall now proceed to
the Consideration of that Part of Mr. Hawes's Letter now before me in which
he says that he is directed by your Lordship to state, that if I am prepared to
submit another Scheme, which shall be more limited and definite in its Object,
and
»
SB COLONIZATION OF VANCOUVER'S ISLAND.
ai
and yet embrace a Plan for the Colonization and Government of Vancouver's
Island, Her Majesty's Government will be ready to give their attentive and
immediate Consideration to such Proposal.
As far as the Hudson's Bay Company are concerned, all that they would
require would be the very limited Grant of Lands which I had in view in my
Letter to your Lordship of the 7th September 1846. To such a Grant
Mr. Hawes informed me, in his Letter of 14th December 1846, your Lordship
was prepared to assent on behalf of Her Majesty's Government, provided Her
Majesty's Attorney and Solicitor General should be of opinion that the Acceptance of it by the Company would be consistent with their Charter.
The Opinion of the Attorney and Solicitor General in the Affirmative was
forwarded to you on the 22d January 1847, and on the 2d February I received
a Letter from Mr. Hawes, stating that your Lordship was then " ready
" to receive and consider the Draft of such a Grant as the Company would
f desire to receive of Lands belonging to the British Crown in the Oregon
I Territory."
In my Reply to that Communication, dated 5th March, and with reference
to what from some casual Conversations with your Lordship I had conceived
was your Opinion, I proposed a Grant which might appear extensive, but I did
this, not with the View of obtaining for the Hudson's Bay Company any Advantage, for, as I have already said, they as a Company require no more for the
Purpose of carrying on their Trade than was asked in my Letter of the
7th September 1846, and assented to by your Lordship.
When I understood that you were desirous that a Part or the whole of the
Country recently confirmed to Great Britain should be colonized, I was induced
to propose that the whole should be included in a Grant to the Hudson's Bay
Company, because I was persuaded that the Colonization would be much more
successfully conducted under the Auspices of the Company than it could be in
any other Manner, as I foresaw serious Difficulties should different Parts of the
Territory be colonized under different Authorities.
As to the Territory lying Eastward of the Rocky Mountains, and between
the Arctic Sea and the Company's Territories (from which it is separated by no
defined or definable Boundary), though its Addition to the Grant gives the
latter a formidable Appearance in point of Extent, it is little better than a
barren Waste. It is besides inaccessible, except through the Company's
Territories, or by crossing the Rocky Mountains from the Westward.
My Object in proposing this Tract of Country to form a-Part of the Grant
was, that its Annexation to Rupert's Land, held of the Crown as of the Manor
of East Greenwich in Free and Common Soccage, and not in Capite or Knights
Service, would place the whole Territory North of 49°, the American Boundary
Line, under one governing Power, and thereby simplify any Arrangements
respecting any Part or Parcel of the same ; but if your Lordship should be still
of opinion that the Grant is too extensive, the Hudson's Bay Company are
willing that it should be limited to the Territory North of 49°, bounded on the
East by the Rocky Mountains, or even to Vancouver's Island alone. In fact
the Company are ready and willing to give every Assistance in their Power to
promote Colonization, and in any way in which your Lordship may be of
opinion that their Services can be made available towards that important
Object.
On that Part of Mr. Hawes's Letter in which it is assumed that the Value
of the Coal in Vancouver's Island will form a material Consideration on the
Part of the Hudson's Bay Company in any Negotiation that may take place on
this Subject, I have only to observe that the Company expect no pecuniary
Advantage from colonizing the Territory in question. All Monies received for
Land or Minerals would be applied to Purposes connected with the Improvement of the Country, and therefore, if the Grant is to be clogged with any
Payment to the Mother Country, the Company would be under the Necessity
of declining it.
I have, &c.
(Signed)       J. H. Pelly.
(18.) 12
PAPERS RELATING TO THE
No. 10.
No. 10.
Sir J. H. Pell
Bart.,
to
Earl Grey
V.
4th March 1848.
Copy of a Letter from Sir J. H. Pelly Bart, to Earl Grey.
(Private.)
My Lord, Hudson's Bay House, 4th March 1848.
I have to acknowledge the Receipt of your private Letter of the 25th
February, which came with Mr. Hawes's official Letter of the same Date. I
certainly understood, in the Conference I had with your Lordship on the Subject
of colonizing the Territory North of 49°, that you considered my Proposition
too large, and I expected a Modification of it from your Lordship ; but I am
quite ready to admit that I was in error in. this Expectation. I shall therefore
briefly state why I asked for so extensive a Grant.
In considering the Subject, I did- not see how the Territory West of the
Rocky Mountains could properly be separated into Parts for the Purpose of
Colonization. If I had confined myself to the Islands West of the Continent, or
to Vancouver's Island alone, then other Settlements might have been made on
the main Land or on some of the Islands, under a different Authority, and the
Want of Unity in the ruling Power would probably have been attended with
some Diversity of Purpose and Conflict of Interests, real or apparent, which it
was desirable to avoid, as tending to impede the Object in view.
Then, again, the Company by their Licence of exclusive Trade from the
Crown, which has still more than Eleven Years to run, have had virtual Possession of all this Territory for nearly Thirty Years. It is studded from End to
End with their trading Posts, and they have acquired great Influence with the
Natives, which I thought a Matter well worthy of Consideration in any Plan
that might be formed for colonizing the Country. After much Reflection, and
looking at the Question in its various Bearings, I was convinced that a Grant
having Colonization for its Object should, in order to carry out that Object
effectually, comprehend the whole of the Territory West of the Rocky Mountains.
This was the Extent of the Grant which I had originally intended to propose
should be given to the Company; but it was suggested to me that, in the event
of such a Grant being obtained, the Territory lying East of the Rocky Mountains, and North of the Company's Territories, which may be considered as a
Sort of debateable Land, would be in an isolated Position, there being no
Access to it except through the Company's Territories, or by way of the Rocky
Mountains through the Country comprehended in the Grant proposed.
Under these Circumstances, and as it formed Part of the Territories over
which the Royal Licence of exclusive Trade extended, I thought it best that it
should be included in the Grant, but really caring very little whether it was so
or not.
I am very glad to learn that your Lordship is exceedingly anxious for the
Colonization of Vancouver's Island. I have no Doubt that your Lordship, as a
Stateman, must feel the Importance of a Settlement in this Part of the Pacific,
where Great Britain has none, and the Americans, having One already on the
Wallametta, are proposing to take Measures for establishing another on the
opposite Side of the Straits to Vancouver's Island, and are building large
Steamers for Communication with the District. I shall not occupy your Lordship's Time by offering my Views of the Nationality of the Object, any further
than to say they are in accordance with those of your Lordship.
Such being the Case, the Company would accept of any Grant, even for the
Island of Vancouver alone, to effect the Object; but for the Reasons I have
given, I think you will be of opinion with me that it should be more extensive. By the Charter of the Hudson's Bay Company Power is given to them to
appoint and establish Governors and all other Officers to govern their Territories,
and a Council for the several respective Places where the Company have
Plantations, Factories, Colonies, &c, and to judge all Persons who shall live
under them in all Causes, whether Civil or Criminal, &c. &c.; all which Rights
are recognized by the Act of 1 & 2 G. 4. c. 66., so that at once, by making such
a Grant, all the Powers of Jurisdiction vested in the Company would come into
operation over the whole Territory. As the Company have Officers at Vancouver who are competent to hold, temporarily, the Situations of Governors
and a
COLONIZATION OF VANCOUVER'S ISLAND.
IS
and of Councillors, no new legislative Measure would be, in the" first instance,
at all necessary, and any subsequent one that might be found requisite would
be arranged with the Settlers or other Persons who might be disposed to
associate together for the Purpose of bringing Land into cultivation, working
Mines of Coal, or whatever else the Country might produce.
Thus the Hudson's Bay Company, having an Allotment of Land for the Purposes of their Fur Trade, might, as they now do in the Columbia, cut Timber,
catch and preserve Salmon, and export the same to the Sandwich Islands. The
Puget Sound Association, in the same Way, might cultivate Land, either in connexion with their Establishment at Nisqually and the Cowlitz, or (in the event
of the Americans taking these Lands under the Treaty) transfer all their Farming
Operations to Vancouver's Island, or take up the working of Coal, and if there
were any Probability of Profit, convey it to Panama and other Places, as proposed in the Prospectus I enclosed in my last.
The Hudson's Bay Company would not desire to derive any pecuniary Benefit
from Grants for these Purposes, as the Proceeds of all such Grants would be
applicable only to the Objects of Colonization. The Security of their Property
from American Aggression would be the Advantage they would expect to derive
from the contemplated Plan.
I fear, my Lord, you will think me very prolix, as my Proposition lies in a
Nutshell.
Great Britain has a Territory bounded on the South, principally by the
49th Parallel of Latitude (the Boundary between it and the United States);
on the West by the Pacific Ocean, from 49° to 51°, and thence to 60° by a
Strip of Russian Territory (Twenty Leagues in Breadth, and following the
Sinuosities of the Coast) ; from 60° to the Polar Sea in about 70°> likewise by
the Russian Territory ; on the North by the Polar Sea; and on the East by
the Atlantic Ocean. A large Portion of this has been granted to the Hudson's
Bay Company, in which they can establish Colonies, Governments, Courts of
Justice, &c. &c, and over the whole of the Remainder (with the Exception
of Canada), by a Grant from the Crown under an Act of Parliament, they
enjoy the exclusive Right of Trade. I propose that the Privileges which they
possess under the Grant of Rupert's Land should be extended over the whole
Territory in question. Your Lordship may feel a Difficulty (however expedient it may be), under the present Feeling in favour of Free Trade, to make
so extensive a Grant to any Company, though the Hudson's Bay Company
did virtually possess, in addition to what they have asked for, the exclusive
Right of Trade over all the disputed Territory West of the Rocky Mountains,
from the Latitude of 42°, the Mexican Boundary, to 49°; but I think this
Feeling may be met by an Ageement on their Part to relinquish to the Country,
at the Expiration of their present Licence of exclusive Trade, all Advantages
derived from the Colonization of those Parts not within the original Grant to
the Hudson's Bay Company, without receiving any Compensation on that
Account, beyond the cost Value of any Improvements which, at the Time of
such Relinquishment, might have been effected, as was proposed with respect
to the limited Grant referred to in Mr. Hawes's Letter of the 14th December.
Indeed, as far as I am concerned, (and I think the Company would concur if
any great national Benefit would be expected from it,) I would be willing to
relinquish the whole of the Territory held under the Charter on similar Terms
to those which it is proposed the East India Company shall receive on the
Expiration of their Charter, namely, securing to the Proprietors an Interest on
their Capital of Ten per Cent.
I have, &c.
(Signed)        J. H. Pelly.
No. 11.
Copy of a Letter from B. Hawes Esq. to Sir J. H. Pelly Bart.
Sir, Downing Street 13th March 1848.
I am directed by Earl Grey to acknowledge the Receipt of your Letter of
the 4th instant, on the Subject of the Application of the Hudson's Bay Company for a Grant of all the Territories belonging to the Crown which are
situated to the North and West of Rupert's Land in British North America.
!        (18.) D
No. 11.
B. Hawes, Esq.,
to
Sir J. H. Pelly,
Bart.
13th March 1848. 14
PAPERS RELATING TO THE
No 12.
Sir
J. H. Pelly, Bart.,
to
Earl Grey.
20th July 1848.
Vide Letter to
Sir J. Pelly,
31st July 1848.
Earl Grey directs me to state, that he has fully considered the Contents of
your Letter above mentioned, and is of opinion that it will be advisable in the
first instance that the Grant to the Hudson's Bay Company should be confined
to Vancouver's Island. His Lordship will be happy to entertain any such
Proposal as you may think proper to submit to him for this Purpose, proceeding
on the Principle which you have suggested, that the Company shall not derive
any pecuniary Profit from the Undertaking, but shall apply all Funds arising
from the Sale of Lands or Minerals towards the Colonization and Improvement
of the Island.
I have, &c.
(Signed)        B. Hawes.
No. 12.
. Copy of a Letter from Sir J. H. Pelly Bart, to Earl Grey.
My Lord, ' Hudson's Bay House, 20th July 1848.
With reference to your Lordship's Communication made to me through
Mr. Merivale, under the Date of the 13th March last, and to the various Interviews with which you have favoured me since that Time, I have the Honour to
transmit to you herewith, for your Lordship's Approval, the Draft of the Grant
of Vancouver's Island to the Hudson's Bay Company in the Form in.which it
has been settled, under your Directions, by Mr. Merivale and the Company's
Solicitors.
I have,.&c.
(Signed)        J. H. Pelly.
Enclosure in No. 12.
EncJ. in No. 12. Victoria, by the Grace of God of the United Kingdom of Great Britain and Ireland
  Queen, Defender of the Faith, to all to whom these Presents shall come, greeting: Whereas
by the Royal Charter or Letters Patent of His late Majesty King Charles the Second, bearing Date the 2d Day of May in the Twenty-second Year of His Reign, His said late Majesty
did (amongst other things) ordain and declare that the Governor and Company of Adventurers of England trading into Hudson's Bay, thereby incorporated, and their Successors,
by that Name, should at all Times thereafter be personable and capable in Law to have,
purchase, receive, possess, and enjoy and retain Lands, Rents, Privileges, Liberties, Juris*
dictions, Franchises, and Hereditaments, of what Nature or Kind soever they were, to them
or their Successors, and also to give, grant, demise, alien, assign, and dispose Lands, Tenements, and Hereditaments, and to do and execute all and singular other Things by the same
Name that to them should or might appertain to do; and His said late Majesty did thereby
for Himself, His Heirs and Successors, give, grant, and confirm unto the said Governor and
Company and their Successors the sole Trade and Commerce of all those Seas, Straits, Bays,
Rivers, Lakes, Creeks, and Sounds, in whatsover Latitude they should be, that lay within
the Entrance of the Straits commonly called Hudson's Straits, together with all the Lands
and Territories upon the Countries, Coasts, and Confines of the Seas, Bays, Lakes, Rivers,
Creeks, and Sounds aforesaid, that were not already actually possessed by or granted to any
of His said late Majesty's Subjects, or possessed by the Subjects of any other Christian
Prince or State, with the fishing of all Sorts of Fish, Whales, Sturgeons, and all other Royal
Fishes in the Seas, Bays, Inlets, and Rivers within the Premises, and the Fish therein taken,
together with the Royalty of the Sea upon the Coasts within the Limits aforesaid, and all
Mines Royal, as well then discovered as not then discovered, of Gold, Silver, Gems, and
precious Stones, to be found or discovered within the Territories, Limits, and Places aforesaid, and that the said Land should be from thenceforth reckoned and reputed as One of His
said late Majesty's Plantations or Colonies in'America; and further, His late said Majesty
did thereby, for Himself, His Heirs and Successors, make, create, and constitute the said
Governor and Company for the Time being and their Successors the true and absolute Lords
and Proprietors of the same Territory, Limits, and Places aforesaid, and of all other the
Premises (saving always the Faith, Allegiance, and Sovereign Dominion due to His said
late Majesty, His Heirs and Successors, for the same), to hold, possess, and enjoy the said
Territory, Limits, and Places, and all and singular other the Premises thereby granted as
aforesaid, with their and every of their Rights, Members, Jurisdictions, Prerogatives, Royalties, and Appurtenances whatsoever, to them the said Governor and Company and their
Successors for ever, to be holden of His said late Majesty, His Heirs and Successors, as of
his Manor of East Greenwich in the County of Kent, in Free and Common Soccage, and
not in Capite or by Knight's Service, yielding and paying yearly to His said late Majesty*
His Heirs and Successors, for the same, Two Elks and Two Black Beavers, whensoever and
as often as His said late Majesty, His Heirs and Successors, should happen to enter into
the
SB COLONIZATION OF VANCOUVER'S ISLAND.
15
■
the said Countries, Territories, and Regions thereby granted: And whereas by an Act
passed in the Session of Parliament held in the Forty-third Year of the Reign of His late
Majesty King George the Third, intituled " An Act for extending the Jurisdiction of the
" Courts of Justice in the Provinces of Lower and Upper Canada to the Trial andPunish-
" ment of Persons guilty of Crimes and Offences within certain Parts of North America
" adjoining to the said Provinces," it was enacted that from and after the passing ,of that
Act all Offences committed within any of the Indian Territories or Parts of America not
within the Limits of either of the said Provinces of Lower or Upper Canada, or of any
Civil Government of the United States of America, should be and be deemed to be Offences
of the same Nature, and should be tried in the same Manner, and subject to the same
Punishment, as if the same had been committed within the Provinces of Upper or Lower
Canada, and Provisions were contained in the said Act regulating the Committal and Trial
of the Offenders:
And whereas by an Act passed in the Session of Parliament holden in the First and
Second Years of the Reign of His late Majesty King George the Fourth, intituled " An Act
" for regulating the Fur Trade, and establishing a Criminal and Civil Jurisdiction within
" certain Parts of North America," after reciting, among other things, that Doubts had
been entertained whether the Provisions of said Act of the 43d George JII. extended to the
Territories granted by Charter to the said Governor and Company, and that it was expedient that such Doubts should be removed, and that the said Act should be further extended,
it was enacted (amongst other things), that from and after the passing of said last-mentioned
Act it should be lawful for His then Majesty, His Heirs and Successors, to make Grants or
give His Royal Licence, under the Hand and Seal of One of His Majesty's Principal Secretaries of State, to any Body Corporate or Company, or Person or Persons, of or for the
exclusive Privilege of trading with the Indians in all such Parts of North America as should
be specified in any of such Grants or Licences respectively, not being Part of the Lands or
Territories theretofore granted to the said Governor and Company of Adventurers of England
trading into Hudson's Bay, and not being Part of any of His Majesty's Provinces in North
America, or of any Lands or Territories belonging to the United States of America, subject
to the Provisions and Restrictions in the said Act mentioned; and it was thereby further
enacted, that the said Act of the 43d George III., and all the Clauses and Provisoes therein
contained, should be deemed and construed and was and were thereby respectively declared
to extend to and over and to be in full Force in and through all the Territories theretofore
granted to the said Company of Adventurers trading to Hudson's Bay: And whereas by
Our Grant or Royal Licence bearing Date the 13th Day of May 1838, under the Hand and
Seal of One of Our then Principal Secretaries of State, We granted and gave Our licence to
the said Governor and Company- and their Successors for the exclusive Privilege of
trading with the Indians in all such Parts of North America to the Northward and
Westward of the Lands and Territories   belonging to  the   United   States of America
zj     eo
as should not form Part of any of Our Provinces in North America, or of any Lands or Territories belonging to the United States of America, or to any European Government, State,
or Power, subject nevertheless as therein mentioned; and We did thereby give and grant
and secure to the said Governor and Company and their Successors the sole and exclusive
Privilege, for the full Period of Twenty-one Years from the Date thereof, of trading with
the Indians in all such Parts of North America as aforesaid, except as therein mentioned^
at the Rent therein reserved, and upon the Terms and subject to the Qualification and
Power of Revocation therein contained: And whereas by a Treaty between Ourselves and
the United States of America for the Settlement of the Oregon Boundary, signed at
Washington on the 15th Day of June 1846, it was agreed upon and concluded (amongst
other things) as follows: That from the Point of the 49th Parallel of North Latitude,
where the Boundary laid down in existing Treaties and Conventions between Great Britain
and the said United States terminated, the Line of Boundary between Our Territories and
those of the said United Stales should be continued Westward along the said Parallel of
North Latitude to the Middle of the Channel which separates the Continent from Vancouver's Island, and then Southerly through the Middle of the said Channel and of
De Fuca's Straits to the Pacific Ocean; provided, however, that the Navigation of the
whole of the said Channel and Straits South of the 49th Parallel of North Latitude should
remain free and open to both Parties: And whereas certain of Our Lands and Territories
in North America lie to the Westward and also to the Northward of the Territory
granted to the said Governor and Company by the herein-before recited Grant or Letters
Patent of His said late Majesty King Charles the Second, and which is, pursuant to the
Direction in that Behalf contained in such Grant or Letters Patent, called or known as
Rupert's Land, and to the Eastward of the Territories the Boundary Line of which is defined
by the herein-before recited Treaty with the United States of North America: And
whereas under the said last-mentioned Grant or Letters Patent, and also under Our.hereinbefore recited Grant or Licence of the 13th Day of May 1838, the said Governor and
Company have traded as well within as beyond the Limits of the Lands and Territories
granted to them by the said Grant or Letters Patent of His said late Majesty King Charles
the Second, and have, in connexion with and for the Protection of their Trade beyond the
said Limits, been in the habit of erecting Forts and other isolated Establishments without
the said Limits, and some of such Forts and Establishments of the said Governor and Com-
nany are now existing in that Part of Our said Territories in North America, including
(18.) E Vancouver's 16
PAPERS RELATING TO THE
Vancouver's Island, the Boundary Line between which and the Territories of the said
United States is determined by the herein-before recited Treaty between Ourselves and the
said United States: And whereas it would conduce greatly to the Maintenance of Peace,
Justice, and good Order, and the Advancement of Colonization, and the Promotion and
Encouragement of Trade and Commerce in, and also to the Protection and Welfare of the
native Indians residing within that Portion of Our Territories in North America called
Vancouver's Island, if such Island were colonized by Settlers from the British Dominions,
and if the Property in the Land of such Island were vested for the Purpose of such Colonization in the said Governor and Company of Adventurers of England trading into
Hudson's Bay, but nevertheless upon Condition that the said Governor and Company
should form on the said Island a Settlement or Settlements as herein-after mentioned,
for the Purpose of colonizing the said Island, and also should defray the entire Expense
of any Civil and Military Establishments which may be required for the Protection and
Government of such Settlement or Settlements (except, nevertheless, during the Time
of Hostilities between Great Britain and any Foreign European or American Power) :
Now know ye, that We, being moved by the Reasons before mentioned, do by these Presents,
for us, Our Heirs and Successors, give, grant, and confirm unto the said Governor and
Company of Adventurers of England trading into Hudson's Bay, and their Successors, all
that the said Island called Vancouver's Island, with the fishing of all Sorts of Fish in the
Seas, Bays, Inlets, and Rivers within or surrounding the same, together with all Royalties
of the Seas upon the Coasts within the Limits aforesaid, and all Mines Royal thereto belonging: And further We do by these Presents, for Us, Our Heirs and Successors, make, create,
and constitute the said Governor and Company for the Time being, and their Successors,
the true and absolute Lords and Proprietors of the same Territories, Limits, and Places,
and of all other the Premises, (saving always the Faith, Allegiance, and Sovereign Dominion
due to Us, Our Heirs and Successors, for the same,) to have, hold, possess, and enjoy the said
Territory, Limits, and Places, and all and singular other the Premises hereby granted as
aforesaid, with their and every of their Rights, Members, Royalties, and Appurtenances
whatsoever, to them the said Governor and Company, and their Successors for ever, to be
holden of Us, Our Heirs and Successors, in Free and Common Soccage, at the yearly Rent
of 7s. payable to us and our Successors for ever on the 1st Day of January in every Year:
Provided always, and We declare, that this present Grant is made to the Intent that the
said Governor and Company shall establish upon the said Island a Settlement or Settlements of resident Colonists, Emigrants from Our United Kingdom of Great Britain and
Ireland, or from other Our Dominions, and shall dispose of the Land there as may be
necessary for the Purpose of promoting Settlements (and for the actual Purpose of promoting Settlements), and for the actual Purposes of Colonization, and shall once in every Two
Years at the least certify, under the Seal of the said Governor and Company, to One of Our
Principal Secretaries of State, what Colonists shall have been from Time to Time settled in
the said Island, and what Land shall have been disposed of as aforesaid: And We further
declare, that this present Grant is made upon this Condition, that if the said Governor and
Company shall not, within the Term of Five Years from the Date of these Presents, have
established upon the said Island a Settlement of resident Colonists, Emigrants from the
United Kingdom of Great Britain and Ireland, or from other Our Dominions, and it shall
at any Time after the Expiration of such Term of Five Years be certified to Us, Our
Heirs or Successors, by any Person who shall be appointed by Us, Our Heirs or Successors,
to inquire into the Condition of such Island, that such Settlement has not been established
according to the Intent of this Our Grant, it shall be lawful for Us, Our Heirs and Successors, to revoke this present Grant, and to enter upon and resume the said Island and
Premises hereby granted; without Prejudice, nevertheless, to such Dispositions as may have
been made in the meantime by the said Governor and Company of any Land in the said
Island for the actual Purposes of Colonization and Settlement, and as shall have been certified as aforesaid to One of Our Principal Secretaries of State: And We hereby declare,
that this present Grant is and shall be deemed and taken to be made upon this further
Condition, that We, Our Heirs and Successors, shall have, and We accordingly reserve unto
Us and them, full Power, at the Expiration of the said Governor and Company's Grant or
Licence of or for the exclusive Privilege of trading with the Indians, to repurchase and take
of and from the said Governor and Company the said Vancouver's Island and Premises
hereby granted, in consideration of Payment being made by Us, Our Heirs or Successors,
to the said Governor and Company, of the Sum or Sums of Money theretofore laid out and
expended by them in and upon the said Island and Premises, and of the Value of their
Establishments, Property, and Effects then being thereon. In witness whereof we have
caused these Our Letters to be made patent.
Witness Ourselves at Westminster, the Day of in the
Year of Our Reign. COLONIZATION OF VANCOUVER'S ISLAND.
17
No. 13.
CorY of a Letter from B. Hawes Esq. to Sir J. H. Pelly Bart.
Sir, Downing Street, 31st July 1848.
I am directed by Earl Grey to inform you, that he sees no Reason to object
to the Draft of the Grant of Vancouver's Island to the Hudson's Bay Company
which was forwarded to this Department with your Letter of the 20th of this
Month, and he will be prepared to take the proper Steps for the formal Execution of the Grant in these Terms, so soon as the other Arrangements required
for the Settlement of the Island shall be finally agreed upon.
With this view, it will, in the first place, be necessary to provide for the
Government of the Colony which the Company undertakes to found on the
Island, and to make Provision also for the Establishment of legislative Authority among the Colonists. It appears to his Lordship, as has been already
explained to you in the Interviews which have taken place on this Subject, that,
with reference to the probable Circumstances of the future Settlement, the best
Cour%g which suggests itself is, to confer on the Emigrants the same Powers of
local Self-government which it was usual to grant to the Settlers in new Colonies
in the earlier Days of our Colonial History. With this view, it is proposed
that a Commission, as nearly as possible in the same Form as those granted to
the first Governors of Jamaica, should be issued to a Governor, who must be
appointed by the Crown, though in the Selection of the Person to be recommended to Her Majesty for the Office Lord Grey would think it right to be
guided in a great measure by the Wishes of the'Company. By such a Commission the Governor would be directed to summon an Assembly, elected by
the general Votes of the Inhabitants, to exercise, in conjunction with himself
and a Council nominated in the usual Manner, the Powers of Legislation.
Provision is already made for establishing a judicial Authority under the " Act
" for establishing a Criminal and Civil Jurisdiction in certain Parts of North
" America," 1 & 2 Geo. 4. c. 66.
Lord Grey will direct the Draft of a Commission, and Instructions for the
Governor of the proposed Settlement, to be prepared without Delay, and will
ciuse them to be communicated to you, and he will also be glad to receive from
you an Expression of your Opinion as to the Person who may most properly be
recommended to Her Majesty for the Office of Governor.
I have, &c.
(Signed)       B. Hawes,
No. 13-
B. Hawes, Esq.,
to
Sir J- H. Pelly,
Bart.
31st July 1848. IS BE
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