Murdoch to Rogers (Permanent Under-Secretary)

I have to acknowledge your letter of 23rd instant
enclosing an extract of a letter addressed to the Duke of
Newcastle by Mr Berens the Governor of the Hudsons Bay Co.

2. Mr Berens complains that Governor Douglas has
put up to sale, not only a portion of the land which
had been staked out by himself in 1858 as claimed by the
Hudsons Bay Co, but also some of the Buildings upon
it—and he expresses a hope that the Duke of Newcastle will
at once direct the Governor to discontinue proceedings of
this description, until the title of the Company to the
lands claimed by them has been decided. In the absence of
any explanation from Governor Douglas it is impossible to
form an opinion upon the specific facts complained of, but
the following is the present position of the question in
regard to the land claims of the Hudsons Bay Company in British Columbia.

3. Prior to the erection of British Columbia into a Colony the Hudsons Bay Co had occupied many tracts of land for the erection of Forts or Trading Establishments as well as for purposes of cultivation. After the erection
of the Colony and the resort to it of Settlers the title
of the Company to lands so occupied was brought into
question. There is no doubt that the Company never
received any formal title to the lands—but they maintain
that long and continuous occupation gives them a title,
and that this title is supported by the stipulations in the
Oregon Treaty of 1846, in regard to land held by them South
of Latitude 49o on exactly the same tenure.

4. A considerable correspondence took place on the
subject in 1858-1859 but without leading to any satisfactory result. Under these circumstances it was arranged with
the Company that the question should be referred to the
Judicial Committee of the Privy Council, and in order to
raise it in the regular form, the Company addressed the
necessary Petitions to Her Majesty in Council—the reference
of which to the Judicial Committee the Duke of Newcastle
assented to on 4th of July last. What further steps have
been since taken to bring the question to decision I do not
know, but it would be manifestly desirable (if it were possible)
to obtain a decision of the Judicial Committee at an early
date. In the meantime it would also be desirable that Governor
Douglas should abstain from dealing with the Land claimed by
the Company, except in cases of absolute necessity. If the
Title of the Company should be affirmed by the Judicial Committee,
H.M. Government would be clearly at a greater disadvantage in
dealing with them for land which had been already appropriated,
then for what had been left untouched in their hands. Without,
therefore expressing any opinion on the transactions alluded to
by Mr Berens of which we have so little information, I
would submit that Governor Douglas should be directed, pending the settlement of the question before the Judicial Committee,
to avoid as far as possible all interference with lands claimed
by the Hudsons Bay Company.