CHAPTER II.

HUDSON'S BAY COMPANY FOUNDED.

Royal charters--Good Queen Bess--"So miserable a

wilderness"--Courtly stockholders--Correct spelling--"The nonsense

of the Charters"--Mighty rivers--Lords of the territory--To execute

justice--War on infidels--Power to seize--"Skin for skin"--Friends

of the red man.

The success of the first voyage made by the London merchants to Hudson

Bay was so marked that the way was open for establishing the Company and

carrying on a promising trade. The merchants who had given their names

or credit for Gillam's expedition lost no time in applying, with their

patron, Prince Rupert, at their head, to King Charles II. for a Charter

to enable them more safely to carry out their plans. Their application

was, after some delay, granted on May 2nd, 1670.

The modern method of obtaining privileges such as they sought would have

been by an application to Parliament; but the seventeenth century was

the era of Royal Charters. Much was said in England eighty years after

the giving of this Charter, and again in Canada forty years ago, against

the illegality and unwisdom of such Royal Charters as the one granted to

the Hudson's Bay Company. These criticisms, while perhaps just, scarcely

cover the ground in question.

As to the abstract point of the granting of Royal Charters, there

would probably be no two opinions to-day, but it was conceded to be a

royal prerogative two centuries ago, although the famous scene cannot

be forgotten where Queen Elizabeth, in allowing many monopolies which

she had granted to be repealed, said in answer to the Address from the

House of Commons: "Never since I was a queen did I put my pen to any

grant but upon pretext and semblance made to me that it was both good

and beneficial to the subject in general, though private profit to some

of my ancient servants who had deserved well.... Never thought was

cherished in my heart that tended not to my people's good."

The words, however, of the Imperial Attorney-General and

Solicitor-General, Messrs. Bethel and Keating, of Lincoln's Inn, when

appealed to by the British Parliament, are very wise: "The questions of

the validity and construction of the Hudson's Bay Company Charter cannot

be considered apart from the enjoyment that has been had under it during

nearly two centuries, and the recognition made of the rights of the

Company in various acts, both of the Government and Legislature."

The bestowal of such great privileges as those given to the Hudson's Bay

Company are easily accounted for in the prevailing idea as to the royal

prerogative, the strong influence at Court in favour of the applicants

for the Charter, and, it may be said, in such opinions as that expressed

forty years after by Oldmixon: "There being no towns or plantations

in this country (Rupert's Land), but two or three forts to defend the

factories, we thought we were at liberty to place it in our book where

we pleased, and were loth to let our history open with the description

of so wretched a Colony. For as rich as the trade to those parts has

been or may be, the way of living is such that we cannot reckon any man

happy whose lot is cast upon this Bay."

The Charter certainly opens with a breath of unrestrained heartiness

on the part of the good-natured King Charles. First on the list of

recipients is "our dear entirely beloved Prince Rupert, Count Palatine

of the Rhine, Duke of Bavaria and Cumberland, etc," who seems to have

taken the King captive, as if by one of his old charges when he gained

the name of the fiery Rupert of Edgehill. Though the stock book of the

Company has the entry made in favour of Christopher, Duke of Albemarle,

yet the Charter contains that of the famous General Monk, who, as "Old

George," stood his ground in London during the year of the plague

and kept order in the terror-stricken city. The explanation of the

occurrence of the two names is found in the fact that the father died in

the year of the granting of the Charter. The reason for the appearance

of the name of Sir Philip Carteret in the Charter is not so evident, for

not only was Sir George Carteret one of the promoters of the Company,

but his name occurs as one of the Court of Adventurers in the year after

the granting of the Charter. John Portman, citizen and goldsmith of

London, is the only member named who is neither nobleman, knight, nor

esquire, but he would seem to have been very useful to the Company as a

man of means.

The Charter states that the eighteen incorporators named deserve the

privileges granted because they "have at their own great cost and

charges undertaken an expedition for Hudson Bay, in the north-west parts

of America, for a discovery of a new passage into the South Sea, and for

the finding of some trade for furs, minerals, and other considerable

commodities, and by such their undertakings, have already made such

discoveries as to encourage them to proceed farther in pursuance of

their said design, by means whereof there may probably arise great

advantage to Us and our kingdoms."

The full name of the Company given in the Charter is, "The Governor

and Company of Adventurers of England, trading into Hudson Bay." They

have usually been called "The Hudson's Bay Company," the form of the

possessive case being kept in the name, though it is usual to speak

of the bay itself as Hudson Bay. The adventurers are given the powers

of possession, succession, and the legal rights and responsibilities

usually bestowed in incorporation, with the power of adopting a seal

or changing the same at their "will and pleasure"; and this is granted

in the elaborate phraseology found in documents of that period.

Full provision is made in the Charter for the election of Governor,

Deputy-Governor, and the Managing Committee of seven. It is interesting

to notice during the long career of the Company how the simple machinery

thus provided was adapted, without amendment, in carrying out the

immense projects of the Company during the two and a quarter centuries

of its existence.

The grant was certainly sufficiently comprehensive. The opponents of

the Company in later days mentioned that King Charles gave away in

his sweeping phrase a vast territory of which he had no conception,

and that it was impossible to transfer property which could not be

described. In the case of the English Colonies along the Atlantic

coast it was held by the holders of the charters that the frontage

of the seaboard carried with it the strip of land all the way across

the continent. It will be remembered how, in the settlement with the

Commissioners after the American Revolution, Lord Shelburne spoke of

this theory as the "nonsense of the charters." The Hudson's Bay Company

was always very successful in the maintenance of its claim to the full

privileges of the Charter, and until the time of the surrender of its

territory to Canada kept firm possession of the country from the shore

of Hudson Bay even to the Rocky Mountains.

The generous monarch gave the Company "the whole trade of all those

seas, streights, and bays, rivers, lakes, creeks, and sounds, in

whatsoever latitude they shall be, that lie within the entrance of the

streights commonly called Hudson's Streights, together with all the

lands, countries, and territories upon the coasts and confines of the

seas, streights, bays, lakes, rivers, creeks, and sounds aforesaid,

which are not now actually possessed by any of our subjects, or by the

subjects of any other Christian prince or State."

The wonderful water system by which this great claim was extended over

so vast a portion of the American continent has been often described.

The streams running from near the shore of Lake Superior find their way

by Rainy Lake, Lake of the Woods, and Lake Winnipeg, then by the River

Nelson, to Hudson Bay. Into Lake Winnipeg, which acts as a collecting

basin for the interior, also run the Red River and mighty Saskatchewan,

the latter in some ways rivalling the Mississippi, and springing from

the very heart of the Rocky Mountains. The territory thus drained was

all legitimately covered by the language of the Charter. The tenacious

hold of its vast domain enabled the Company to secure in later years

leases of territory lying beyond it on the Arctic and Pacific slopes.

In the grant thus given perhaps the most troublesome feature was the

exclusion, even from the territory granted, of the portion "possessed

by the subjects of any other Christian prince or State." We shall see

afterwards that within less than twenty years claims were made by the

French of a portion of the country on the south side of the Bay; and

also a most strenuous contention was put forth at a later date for the

French explorers, as having first entered in the territory lying in

the basin of the Red and Saskatchewan Rivers. This claim, indeed, was

advanced less than fifty years ago by Canada as the possessor of the

rights once maintained by French Canada.

The grant in general included the trade of the country, but is made

more specific in one of the articles of the Charter, in that "the

fisheries within Hudson's Streights, the minerals, including gold,

silver, gems, and precious stones, shall be possessed by the Company."

It is interesting to note that the country thus vaguely described is

recognized as one of the English "Plantations or Colonies in America,"

and is called, in compliment to the popular Prince, "Rupert's Land."

Perhaps the most astounding gift bestowed by the Charter is not that of

the trade, or what might be called, in the phrase of the old Roman law,

the "usufruct," but the transfer of the vast territory, possibly more

than one quarter or a third of the whole of North America, to hold it

"in free and common socage," i.e., as absolute proprietors. The value

of this concession was tested in the early years of this century, when

the Hudson's Bay Company sold to the Earl of Selkirk a portion of the

territory greater in area than the whole of England and Scotland; and

in this the Company was supported by the highest legal authorities in

England.

To the minds of some, even more remarkable than the transfer of the

ownership of so large a territory was the conferring upon the Company by

the Crown of the power to make laws, not only for their own forts and

plantations, with all their officers and servants, but having force over

all persons upon the lands ceded to them so absolutely.

The authority to administer justice is also given in no uncertain

terms. The officers of the Company "may have power to judge all persons

belonging to the said Governor and Company, or that shall live under

them, in all causes, whether civil or criminal, according to the laws of

this kingdom, and execute justice accordingly." To this was also added

the power of sending those charged with offences to England to be tried

and punished. The authorities, in the course of time, availed themselves

of this right. We shall see in the history of the Red River Settlement,

in the very heart of Rupert's Land, the spectacle of a community of

several thousands of people within a circle having a radius of fifty

miles ruled by Hudson's Bay Company authority, with the customs duties

collected, certain municipal institutions established, and justice

administered, and the people for two generations not possessed of

representative institutions.

One of the powers most jealously guarded by all governments is the

control of military expeditions. There is a settled unwillingness to

allow private individuals to direct or influence them. No qualms of this

sort seem to have been in the royal mind over this matter in connection

with the Hudson's Bay Company. The Company is fully empowered in the

Charter to send ships of war, men, or ammunition into their plantations,

allowed to choose and appoint commanders and officers, and even to issue

them their commissions.

There is a ludicrous ring about the words empowering the Company to

make peace or war with any prince or people whatsoever that are not

Christians, and to be permitted for this end to build all necessary

castles and fortifications. It seems to have the spirit of the old

formula leaving Jews, Turks, and Saracens to the uncovenanted mercies

rather than to breathe the nobler principles of a Christian land.

Surely, seldom before or since has a Company gone forth thus armed

_cap-à-pie_ to win glory and profit for their country.

An important proviso of the Charter, which was largely a logical

sequence of the power given to possess the wide territory, was the

grant of the "whole, entire, and only Liberty of Trade and Traffick."

The claim of a complete monopoly of trade was held most strenuously by

the Company from the very beginning. The early history of the Company

abounds with accounts of the steps taken to prevent the incoming of

interlopers. These were private traders, some from the English colonies

in America, and others from England, who fitted out expeditions to trade

upon the Bay. Full power was given by the Charter "to seize upon the

persons of all such English or any other subjects, which sail into

Hudson's Bay or inhabit in any of the countries, islands, or territories

granted to the said Governor and Company, without their leave and

license in that behalf first had and obtained."

The abstract question of whether such monopoly may rightly be granted

by a free government is a difficult one, and is variously decided by

different authorities. The "free trader" was certainly a person greatly

disliked in the early days of the Company. Frequent allusions are made

in the minutes of the Company, during the first fifty years of its

existence, to the arrest and punishment of servants or employés of the

Company who secreted valuable furs on their homeward voyage for the

purpose of disposing of them. As late as half a century ago, in the more

settled parts of Rupert's Land, on the advice of a judge who had a high

sense of its prerogative, an attempt was made by the Company to prevent

private trading in furs. Very serious local disturbances took place in

the Red River Settlement at that time, but wiser counsels prevailed, and

in the later years of the Company's régime the imperative character of

the right was largely relaxed.

The Charter fittingly closes with a commendation of the Company by the

King to the good offices of all admirals, justices, mayors, sheriffs,

and other officers of the Crown, enjoining them to give aid, favour,

help, and assistance.

With such extensive powers, the wonder is that the Company bears, on the

whole, after its long career over such an extended area of operations,

and among savage and border people unaccustomed to the restraints of

law, so honourable a record. Being governed by men of high standing,

many of them closely associated with the operations of government

at home, it is very easy to trace how, as "freedom broadened slowly

down" from Charles II. to the present time, the method of dealing with

subjects and subordinates became more and more gentle and considerate.

As one reads the minutes of the Company in the Hudson's Bay House for

the first quarter of a century of its history, the tyrannical spirit,

even so far at the removal of troublesome or unpopular members of the

Committee and the treatment of rivals, is very evident.

This intolerance was of the spirit of the age. In the Restoration,

the Revolution, and the trials of prisoners after rebellion, men were

accustomed to the exercise of the severest penalties for the crimes

committed. As the spirit of more gentle administration of law found its

way into more peaceful times the Company modified its policy.

[Illustration: ARMS OF THE HUDSON'S BAY COMPANY.]

The Hudson's Bay Company was, it is true, a keen trader, as the motto,

"Pro Pelle Cutem"--"skin for skin"--clearly implies. With this no fault

can be found, the more that its methods were nearly all honourable

British methods. It never forgot the flag that floated over it. One of

the greatest testimonies in its favour was that, when two centuries

after its organization it gave up, except as a purely trading company,

its power to Canada, yet its authority over the wide-spread Indian

population of Rupert's Land was so great, that it was asked by the

Canadian Government to retain one-twentieth of the land of that wide

domain as a guarantee of its assistance in transferring power from the

old to the new régime.

The Indian had in every part of Rupert's Land absolute trust in the

good faith of the Company. To have been the possessor of such absolute

powers as those given by the Charter; to have on the whole "borne their

faculties so meek"; to have been able to carry on government and trade

so long and so successfully, is not so much a commendation of the royal

donor of the Charter as it is of the clemency and general fairness of

the administration, which entitled it not only officially but also

really, to the title "The Honourable Hudson's Bay Company."

The Remarkable History of the Hudson's Bay Company Including that of the French Traders of North-Western Canada and of the North-West, XY, and Astor Fur Companies · 第 2 / 47 章