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| PUBLIC RECORD OFFICE

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Reference :-

C.O. 885

11

PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

MY LORD,

No. 685.

(CANADA.)

LAW OFFICERS TO COLONIAL OFFICE.

Temple, April 5, 1870.

We are honoured with your Lordship's commands, signified to us in Sir Frederic Rogers' letter of the 31st ultimo, stating:-

Ist. That he was directed by your Lordship to transmit to us a copy of the charter of the Hudson's Bay Company, which was to be found at page 408 of the Parlia mentary Blue Book upon the Hudson's Bay Company, and to direct our special attention to the powers conferred upon the company in pages 411 and 413.

2nd. That he was also to call our attention to the opinion of the Law Officers in July 1857, which was to be found at page 403 of that book, the opinion of the Law Officers in January 1850, which was to be found at page 7 of the Hudson's Bay Parliamentary Paper therewith transmitted, and the opinion of the Law Officers in January 1868, at page 3 of the confidential paper there with transmitted.

3rd. That in consequence of the disturbances which, as we were aware, had recently broken out in Rupert's Land, it might become necessary for Her Majesty's Government, as soon as it was practicable, to send troops to restore and preserve peace and order in that territory.

4th. That it was of course very desirable that those forces should not act except under a clearly defined legal authority, and to secure that end it had been suggested that Sir J. Young, the Governor General of Canada, should be appointed Governor of Rupert's Land and invested as such Governor, with the practical power of appointing a Lieutenant-Governor of Rupert's Land, or of any district therein, during the three following periods:

1. Before the surrender of the territory by the Hudson's Bay Company to the Crown, under the Rupert's Land Act, 1868.

2. After such surrender and before the admission of Rupert's Land into the Dominion

of Canada under that Act and the British North America Act, 1867.

3. After the admission of Rupert's Land into Canada.

5th. That it was apprehended that after the admission into Canada the Governor General would clearly have full power over the territory, and would be able to convey that power to any one whom he might choose to appoint; and as regards the second point, it was proposed to appoint him by Letters Patent to be Governor of Rupert's Land from the time of surrender until the transfer to Canada, and to give him powers as such Governor from time to time to appoint a Lieutenant-Governor thereof.

6th. That some doubt had been entertained as to the proper mode of dealing with the first period when the charter of the company was in full force, and we were requested to favour your Lordship with our opinion upon the following question.

Whether Sir John Young could be at once appointed Governor of Rupert's Land with power to appoint a deputy-

1. Either by Her Majesty pending and notwithstanding the terms of the charter; or 2. By the Hudson's Bay Company under the powers conferred upon them by the

charter?

That with reference to that point Sir F. Rogers was pleased to transmit to us the correspondence which had passed between the Colonial Office and the Hudson's Bay Company.

7th. That he was pleased to add that should any difficulty present itself to us in respect of the proposed appointment your Lordship requested to be favoured with any suggestion as to the way by which the desired object could be effected.

8th. That in connexion with that part of the case your Lordship would be glad to know whether, before a surrender was made to the Crown, Her Majesty might, in the exercise of the Sovereign dominion reserved to her by the charter, send troops into Rupert's Land under the command of a military officer to act in protecting Her Majesty's subjects and in restoring and preserving peace and order, independently of any civil authority established there by the Hudson's Bay Company.

That as it would be necessary to communicate as soon as possible with the Governor General of Canada, Sir F. Rogers was pleased to request that we would favour your Lordship with our report at our earliest convenience.

0 16278.-486. 25.-5/85.

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