Murdoch to Elliot (Assistant Under-Secretary)

I have to acknowledge your letter of 8th Inst, with a Despatch from
the Governor of Vancouver Island on the subject of the steps said to
have been taken by him for enclosing the public Park, whereby it was
alleged that the public had been deprived of advantages they had
previously enjoyed. This complaint was brought under Mr Cardwell's
notice by a letter from the Governor of the Hudsons Bay Company,
which was forwarded to Mr Kennedy for his report.

2. Mr Kennedy states in answer that this question is connected with
the disputes which have arisen out of the encroachments of the
Hudsons Bay Company on the public Park—that in July 1864 his
attention was called to unauthorized openings which had been made
into the Park, and especially to one connected with a Public
House—that in consequence, with the advice of the Surveyor General,
the Attorney General and the Executive Council, he directed that
Fences should be placed on the Park boundary to prevent the creation
of future claims to right of way—that a meeting having been got up
to denounce this proceeding he received a Deputation from it, who, on
hearing his explanation of his reasons, appeared to be satisfied—and
that he had placed gates at every point required for the convenience
of those residing in the vicinity. He adds that if the fencing had,
as alleged by the complainants, Mr Medana, and Mr Finlayson, been
illegal, they had a remedy by appealing to the Courts of Law which
they did not do—and encloses a letter from the Secretary to the
public meeting and extracts from the public papers, to show that the
course he adopted has been generally approved in the Colony.

3. It appears to me that the Governors explanation sufficiently
justifies the steps he adopted in this matter, and if Mr Cardwell
should agree in that view I would submit that the Governor should be
so informed. His position in the Colony is one of considerable
difficulty, but will be rendered less difficult if it is known that
his measures receive the approbation of the Secretary of State. As
the complaint was received from the Governor of the Hudsons Bay
Company it would also, I think, be advisable to communicate to Sir E.
Head the Governors answer to it.