Murdoch to Elliot (Assistant Under-Secretary)

I have to acknowledge your letter of 23rd inst, with
a letter from the Under Secretary of State for the War
Department, on the subject of the claim of the discharged
Soldiers of the Royal Engineers in B. Columbia to grants of Land.

2. It appears that when the men of the Royal Engineers
were sent to B. Columbia in 1858, they were promised "grants
of Agricultural Land not exceeding 30 Acres each after
6 years continuous good faithful service in British Columbia, on
condition of residence & Military Service in the Colony if
called upon." Seven of these men were discharged in 1865,
and they complain that they have not obtained the 30 Acres
of Land "unconditionally promised" them—and they allege that
"not a man was aware on volunteering for the Colony that the
acceptance of such land would be coupled with the condition
that he would render himself liable to be called on for
Military duty". They accordingly refuse the Land coupled
with this condition. They further represent that as the
price of the Land at the time it was promised them was
20s/ an Acre, they are entitled to £30 worth of Land
at its present price instead of 30 Acres.

3. This Memorial was transmitted by the Assist.
Adjutant General of the Royal Engineers to GeneralMoody
who commanded the Engineers in British Columbia. He states
in answer that the Petitioners "were aware of the conditions
on which Land would be granted to them"—but he was not
surprized at their refusing it on those conditions, as
under the preemption Law any man may obtain 160 Acres of
Land in any part of the Colony, without payment until the
Survey comes up to him—which may not be in his lifetime.
He adds that several of the Royal Engineers have obtained
Land on those terms.

4. Under these circumstances, I do not see that anything
can be done in regard to the Land claimed by these men. As
General Moody went out in command of the R. Engineers at the
first establishment of the Colony, and was in command till
after the time of these men's discharge, he must be
assumed to be conversant with all the circumstances connected
with the original promise to them. As they decline to accept
the conditions attached to that promise Her Majesty's
Government are of course relieved from the obligation to
give it effect. Nor is there any real hardship thereby
inflicted on the men—considering the easy terms on which,
as General Moody points out, they can become possessed of Land
free from all condition in any part of the Colony.

5. In respect to their claims of £30 worth of Land
instead of 30 Acres—in the first place the highest price
of Land in British Columbia was 10s/ an Acre and secondly,
the object was not to give them a marketable commodity of a
certain value, but to attach them to the Colony by giving
the means of Settling. The extent of Land promised was not
measured by its value to sell—but by its capacity to support
the Settler. It is clear that they have no claim on this ground.

6. I return the original papers which accompanied your letter.