Murdoch to Rogers (Permanent Under-Secretary)

I have to report, for the information of Mr Secretary Cardwell, the
steps we have taken to carry out your oral instructions to have
engrossed and executed the Deed of Grant for endowing Christ Church,
Victoria, in Vancouver Island.

2. On the day after we received from you the Draft Deed for
engrossment we applied to Messrs Maynard and Son, the Solicitors of
the Hudsons Bay Co (who are made parties to the Deed for the purpose
of conveying the legal Estate of the Land) to fix a time for the
execution of the Deed.

3. We then learned that the Company had not yet seen the Deed, and
that it was necessary that the Draft should be left with them for the
purpose of verifying the description of the Land and the plan of the
premises. The Draft was accordingly left with Messrs Maynard and
Son on the 7th ultimo. On the 17th we wrote to Mr Maynard to
request its return, and were informed that the Company wished it to
be seen by Mr McTavish, their representative at Victoria, who
happened to be in this Country, but was not then in London. On the
1st instant we wrote to the Secretary of the Company to urge the
matter on, and on the 4th we were informed in reply that Mr
McTavish was then in France but expected back on the 8th and that on
his return the transaction should be completed as soon as possible.
Mr Fraser, the Secretary of the Company, added, that the only cause
for the delay was the wish of Mr McTavish to have an opportunity of
examining the Draft and the Map attached to it, before the Deed was
signed on behalf of the Company. Not hearing further on the subject
we again wrote on the 19th instant to Mr Fraser a letter of
reminder, and received from him a reply dated the 27th. Copies of
the correspondence with the Company are enclosed.

4. From Mr Fraser's last letter it will be seen that the Company
have no objection to the deed. Indeed unless there had been some
error in the description of the Lands they could have no objection to
it, since it only completed an arrangement which they had sanctioned
and commenced. At the last moment, however, they have shifted their
ground, and started a difficulty with which we are incapable of
dealing. They decline it seems to part with the legal Estate in the
lands in question until the Colonial Authorities are prepared to
carry out in its integrity the Agreement between the Crown and the
Company of the 3rd Febry 1862, thus using their fiduciary power in
one transaction to enforce a settlement of their Land Claims in another.

*

5. Mr McTavish called upon us yesterday as intimated in Mr Frasers
last letter—but the result of the interview produced no change in
the position of the affair.

6. As we were aware that an early termination of the matter was
desired by the Bishop of Columbia and as there was no reason to
anticipate any objection to the measure on the part of the Company, to
save time we had the Deed engrossed for signature. We enclose it
herewith together with the Draft which we received from you.