HC Deb 22 February 1849 vol 102 cc1168-71

Mr. HUME moved— That an humble Address be presented to Her Majesty that She will be graciously pleased to give directions that there be laid before this House a Copy of the Correspondence between the Hudson's Bay Company and the Secretary for the Colonies, in which the Case submitted to Her Majesty's Attorney and Solicitor General, and opinion thereon, respecting the capability of the Hudson's Bay Company to hold land as a grant from the Crown on the North West Coast of America, was specially forwarded and referred to in the letters of Mr. Hawes and Sir J. H. Pelly, printed in the Parliamentary Papers presented to this House in August last, respecting Vancouver's Island. He thought it was proper they should have this information previous to the discussion on the subject. He was informed that the Company to whom Government had ceded this territory consisted of a few individuals only, who were without money or means sufficient to enable them to colonise the island, or transport emigrants thereto. Since the occupation of California by the United States, Vancouver's Island had become of even more importance than it had been before, inasmuch as it was the only place where we could establish a port for refitting shipping, in case of a war, on the whole line of that side of the American coast from Cape Hern to Behring's Straits; and it appeared to him that the Colonial Office and the Admiralty were neglecting their duty to the country in giving it away to the Hudson's Bay Company. Yet they were giving such a Company an island which was the more valuable now in consequence of what was taking place in California. He repeated it, that the events in California made Vancouver's Island more important to this country than before. Vancouver's Island ought to be made the seat of a large colony, instead of being handed over to a Company whose interests did not lead them to encourage emigration.

MR. HAWES

assured his hon. Friend that it was not in the power of the Colonial Office—and he doubted whether it was in the power of Parliament—to obtain the return he required. The opinion alluded to in the correspondence now before Parliament was obtained by the Hudson's Bay Company on a case submitted by them to the Attorney and Solicitor Generals, in consequence of the Colonial Office having required from them an assurance, fortified by legal opinion, that they could receive the grant if made. They obtained that opinion, and on the authority of the Attorney and Solicitor Generals as therein laid down, the Colonial Office were satisfied, and conveyed the island to the Company, who were now in possession of it. But if it were not so—if the opinion were in the hands of the Colonial Office, it would, according to all precedent, be refused. It was not usual to lay before the House the opinions obtained from the law officers of the Crown confidentially for the guidance of the Government, nor did he think it advisable that such a practice should be established. He hoped, therefore, his hon. Friend would not press his Motion. Beyond the legal opinion alluded to, Government had no correspondence on the subject except that which was either already on the table, or included in the order which had been made at the instance of another hon. Friend, and which would be produced previous to the discussion. If the power of the Crown to make the grant was disputed, it was open to the parties disputing to obtain other legal authority on the subject.

MR. AGLIONBY

said, that as regarded the power of Parliament to order papers, that was a matter of some importance, and he believed there were precedents of the opinions of the law officers of the Crown being called for and given. If he was not mistaken, on a very recent occasion the opinion of the Attorney General on the working of the Factory Act had been presented to Parliament. That, however, was not the present question; for here the opinions had not been taken by Ministers, but by another party, and having afterwards come into the custody of one department of the Government, the question was whether they should be called upon by Parliament to produce it. In an ordinary case, he should be disposed, he thought, to oppose such a proposition; but bore a letter was produced by the Colonial Office from the Hudson's Bay Company, accompanying which was a case and opinion referred to in the letter, and which was forwarded to the Colonial Office to guide their judgment. As it appeared to him, therefore, these documents had been part of the Bill, and ought to be produced with it.

MR. WYLD

thought that in a case like the present, where a part of the British dominions had been ceded to a private Company, in respect to whom it was doubted whether they could legally accept the territory on such a tenure, that the legal opinions on which the Government had acted should be given.

Motion, by leave, withdrawn.

House adjourned at a quarter before One o'clock.