0018!
13557.
PUBLIC RECORD
OFFICE
Reference :-
PMC.O. 885
11 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
No. 616.
(CANADA.)
LAW OFFICERS to COLONIAL OFFICE.
MY LORD,
Temple, December 10, 1869. We are honoured with your Lordship's commands, signified in Mr. Sandford's letter of the 6th instant, stating that he was directed by your Lordship to transmit to us a copy of the Draft Order in Council which had been prepared for uniting Rupert's Land and the North-Western Territory to the Dominion of Canada.
2. It would be seen from the Draft Order that subsequently to the passing of the British North America Act, 1867 (30 Vict. c. 3.), an address from the Houses of the Parliament of Canada was presented to Her Majesty praying for the union of Rupert's Land and the North-West Territory with the Dominion.
3. The terms of that address, however, so far as regarded Rupert's Land, were not such as could be entirely approved of by Her Majesty, and a further question was raised as to the proper mode of effecting the transfer to Canada of the property and rights of the Hudson Bay Company.
4. Thereupon the Rupert's Land Act, 1868 (31 & 32 Vict. c. 105.), was passed, and that he was desired to request our particular attention to the provisions of
that Act.
5. A second address from the Houses of the Parliament of Canada had been received, and the terms and conditions of transfer had been approved of by Her Majesty. The terms of that address would be found in Schedule B. to the Draft Order in Council.
6. A deed of surrender had been prepared by the Hudson's Bay Company (of which a copy was in Schedule C. to the Draft Order in Council), and that surrender Her Majesty was prepared to accept by an instrument under Her Sign Manual and Signet in pursuance of the power vested in Her by the Rupert's Land Act, 1868.
7. From a letter of the Hudson's Bay Company of the 23rd November, copy of which was enclosed for reference, it would be seen that the deed of surrender had been executed by the Company, though still retained by them, and that the financial agents of the Canadian Government (Messrs. Baring & Co.) had informed the Com- pany that the 300,000l. would be deposited on the 30th November to be paid over to the Company on production of a certificate that the surrender had been made and accepted by Her Majesty. No answer had been returned to that letter. A copy of the letter of Messrs. Baring of 17th November was sent for reference.
8. Disturbances had since arisen in the territory of the Hudson's Bay Company, and a letter had been received from Mr. Rose, who was the authorised agent of the Canada Government in England, requesting your Lordship to defer for the present the acceptance of the surrender by the Hudson's Bay Company, and desiring that the payment of the money should also be deferred, and it might be assumed for the purpose of the case that the Canadian Government were unwilling to accept the transfer to them of the Hudson's Bay Territory unless quiet possession could be given.
9. The Hudson's Bay Company were willing and desirous to complete the surrender and obtain the certificate referred to in the letter of Messrs. Baring & Co.
That under these circumstances your Lordship requested that we would favour your Lordship with our opinion upon the following points:-
1. Supposing the surrender to be made by the Hudson's Bay Company and accepted by Her Majesty, and a certificate to be given by the Secretary of State as required in Messrs. Baring's letter, would that letter constitute a legal obligation for the pay- ment of the 300,000l. enforceable by the Company upon production of such certificate against Messrs. Baring or the Canadian Government.
2. Could the Canadian Government, before the surrender by the Hudson's Bay Company is accepted by Her Majesty, legally revoke the authority given to Messrs. Baring as financial agents, and require them not to pay over the 300,000l. upon production of the certificate?
3. Looking to the facts above stated and to the terms of the Rupert's Land Act, 1868, is there any legal or equitable obligation imposed on Her Majesty to accept the
0 16978.-609. 25.-5/86.
2