CHAPTER XXVII.

THE BLUE-BOOK OF 1819 AND THE NORTH-WEST TRIALS.

British law disgraced--Governor Sherbrooke's distress--A

Commission decided on--Few unbiassed Canadians--Colonel Coltman

chosen--Over ice and snow--Alarming rumours--The Prince

Regent's order--Coltman at Red River--The Earl submissive--The

Commissioner's report admirable--The celebrated Reinhart

case--Disturbing lawsuits--Justice perverted--A store-house of

facts--Sympathy of Sir Walter Scott--Lord Selkirk's death--Tomb at

Orthes, in France.

The state of things in Rupert's Land in 1816 was a disgrace to British

institutions. That subjects of the realm, divided into two parties,

should be virtually carrying on war against each other on British soil,

was simply intolerable. Not only was force being used, but warrants were

being issued and the forms of law employed on both sides to carry out

the selfish ends of each party. An impartial historian cannot but say

that both parties were chargeable with grievous wrong.

Sir John Coape Sherbrooke, Governor-General of Canada, felt very keenly

the shameful situation, and yet the difficulties of transport and the

remote distance of the interior where the conflict was taking place made

interference almost impossible. He was in constant communication with

Lord Bathurst, the Imperial Colonial Secretary.

Governor Sherbrooke's difficulties were, however, more than those of

distance. The influence of the North-West Company in Canada was supreme,

and public sentiment simply reflected the views of the traders. The plan

of sending a commission to the interior to stop hostilities and examine

the conflicting statements which were constantly coming to the Governor,

seemed the most feasible; but with his sense of British fair-play,

Governor Sherbrooke knew he could find no one suitable to recommend.

At last, driven to take some action, Sir John named Mr. W. B. Coltman,

a merchant of Quebec and a Lieutenant-Colonel in the Militia, a man

accustomed to Government matters, and one who bore a good reputation for

fairness and justice. With this Commissioner, who did not enter on his

task with much alacrity, was associated Major Fletcher, a man of good

legal qualifications.

The Commissioners were instructed to proceed immediately to the

North-West. They were invested with the power of magistrates, and were

authorized to make a thorough investigation into the troubles which were

disturbing the country. "You are particularly," say the instructions,

"to apply yourselves to mediate between the contending parties in the

aforesaid territories; to remove, as far as possible, all causes of

dissension between them; to take all legal measures to prevent the

recurrence of those violences which have already so unhappily disturbed

the public peace; and generally to enforce and establish, within the

territory where you shall be, the influence and authority of the laws."

Various accidents prevented the Commissioners from leaving for the

Indian country as soon as had been expected. They did not reach York

(Toronto) till November 23rd, and on their arriving on the shores of

Lake Huron they found the lake frozen over and impassable. They could

do nothing themselves other than return to York, but they succeeded in

fitting out an expedition under North-Western auspices to find its way

over the ice and snow to Fort William, carrying the revocation of all

the commissions of magistrates west of Sault Ste. Marie and the news of

the new appointments in their stead. Reports during the winter continued

to be of a disquieting kind, and as the spring drew nigh, preparations

were made for sending up the Commissioners with a small armed force.

The gravity of the situation may be judged from the steps taken

by the Imperial Government and the instructions sent out by the

authority of George, the Prince Regent, to Governor Sherbrooke to

issue a proclamation in his name calling on all parties to desist from

hostilities, and requiring all military officers or men employed by any

of the parties to immediately retire from such service. All property,

including forts or trading stations, was to be immediately restored to

the rightful owners, and any impediment or blockade preventing transport

to be at once removed.

It is worthy of note that the proclamation and instructions given had

the desired effect. Coltman and his fellow Commissioner left in May for

the field of their operations, accompanied by forty men of the 37th

Regiment as a body-guard. On arriving at Sault Ste. Marie, Commissioner

Coltman, after waiting two or three weeks, hastened on to Fort William,

leaving Fletcher and the troops to follow him. On July 2nd he wrote from

the mouth of the River Winnipeg, stating that his presence had no doubt

tended to preserve peace in the North-West, and that in two days he

would see Lord Selkirk in his own Fort Douglas at Red River.

Three days after the despatch of this letter, Commissioner Coltman

arrived at Red River. He immediately grappled with the difficulties and

met them with much success. The news of Lord Selkirk's actions had all

arrived at Montreal through the North-West sources, so that both in

Quebec and London a strong prejudice had sprung up against his Lordship.

Colonel Coltman found, however, that Lord Selkirk had been much

misrepresented. The illegal seizures he had made at Fort William were

dictated only by prudence in dealing with what he considered a daring

and treacherous enemy. He had submitted to the ordinance recalling

magistrates' commissions immediately on receiving it. Colonel Coltman

was so impressed with Lord Selkirk's reasonableness and good faith that

he recommended that the legal charges made against him should not be

proceeded with.

Colonel Coltman then started on his return journey, and wrote that

he had stopped at the mouth of the Winnipeg River for the purpose of

investigating the conspiracy, in which he states he fears the North-West

Company had been implicated, to destroy the Selkirk settlement. The

energetic Commissioner returned to Quebec in November of that year.

Governor Sherbrooke had the satisfaction of reporting to Lord Bathurst

the return of Mr. Coltman from his mission to the Indian territories,

and "that the general result of his exertions had been so far

successful, that he had restored a degree of tranquillity there which

promises to continue during the winter."

Colonel Coltman's report, of about one hundred folio pages, is an

admirable one. His summary of the causes and events of the great

struggle between the Companies is well arranged and clearly stated. The

writer, in an earlier work, strongly took up Lord Selkirk's view of

the case, and criticised Coltman. Subsequent investigations and calmer

reflection have led him to the conclusion that while Lord Selkirk was in

the right and exhibited a high and noble character, yet the provoking

circumstances came from both directions, and Colonel Coltman's account

seems fairly impartial.

The cessation of hostilities brought about by the influence of Colonel

Coltman did not, however, bring a state of peace. The conflict was

transferred to the Courts of Lower and Upper Canada, these having been

given power some time before by the Imperial Parliament to deal with

cases in the Indian territories.

A _cause célèbre_ was that of the trial of Charles Reinhart, an employé

of the North-West Company, who had been a sergeant in the disbanded

De Meuron Regiment. Having gone to the North-West, he was during the

troubles given charge of a Hudson's Bay Company official named Owen

Keveny, against whom it was urged that he had maltreated a servant of

the North-West Company. In bringing Keveny down from Lake Winnipeg to

Rat Portage, it was brought against Reinhart that at a place called the

Falls of the River Winnipeg, he had brutally killed the prisoner under

his charge. While Lord Selkirk was at Fort William, Reinhart arrived

at that point and made a voluntary confession before his Lordship as

a magistrate. This case was afterwards tried at Quebec and gave rise

to an argument as to the jurisdiction of the Court, viz. whether the

point where the murder occurred on the River Winnipeg was in Upper

Canada, Lower Canada, or the Indian territories. Though Reinhart was

found guilty, sentence was not carried out, probably on account of the

uncertainty of jurisdiction. The Reinhart case became an important

precedent in settling the boundary line of Upper Canada, and also in

dealing with the troubles arising out of the Riel rebellion of 1869.

In the year after Colonel Coltman's return, numerous cases were referred

to the Courts, all these arising out of the violence at Red River.

Colonel Coltman had bound Lord Selkirk, though only accused of an

offence amounting to a misdemeanour, in the large sum of 6,000_l._ and

under two sureties of 3,000_l._ each--in all 12,000_l._ Mr. Gale, Lord

Selkirk's legal adviser, called attention to the illegality of this

proceeding, but all to no effect.

After Lord Selkirk had settled up his affairs with his colonists, he

journeyed south from the Red River to St. Louis in the Western States,

and then went eastward to Albany in New York, whence he appeared in

Sandwich in Upper Canada, the circuit town where information had been

laid. Here he found four accusations made against him by the North-West

Company. These were: (1) Having stolen eighty-three muskets at Fort

William; (2) Having riotously entered Fort William, August 13th; (3)

Assault and false imprisonment of Deputy-Sheriff Smith; (4) Resistance

to legal warrant.

On these matters being taken up, the first charge was so contradictory

that the magistrates dismissed it; but the other three could not be

dealt with on account of the absence of witnesses, and so bail was

accepted from Lord Selkirk of 350_l._ for his appearance. When Lord

Selkirk presented himself at Montreal to answer to the charges for which

Colonel Coltman's heavy bail had bound him, the Court admitted it had no

jurisdiction, but with singular high-handedness bound Lord Selkirk to

appear in Upper Canada under the same bail.

In Montreal in May, 1818, an action was brought before Chief Justice

Monk and Justice Bowen against Colin Robertson and four others, charging

them with riotously destroying Fort Gibraltar, the Nor'-Wester fort.

A number of witnesses were called, including Miles Macdonell, John

Pritchard, Auguste Cadot, and others. A verdict of not guilty was

rendered.

In September of the same year a charge was laid against Lord Selkirk

and others of a conspiracy to ruin the trade of the North-West Company.

This was before the celebrated Chief Justice Powell. The grand jury

refused to give the Chief Justice an answer in the case. The Court was

summarily adjourned, and legislation was introduced at the next meeting

of the Legislature of Upper Canada to remedy defects in the Act in order

that the case might be tried. Afterward the cases were taken up in York,

and Deputy-Sheriff Smith was given a verdict against Lord Selkirk for

500_l._, and McKenzie, a North-West partner, a verdict of 1,500_l._ for

false imprisonment at Fort William. The general impression has always

prevailed there that the whole procedure in these cases against Lord

Selkirk was high-handed and unjust, though it is quite possible that

Lord Selkirk had exceeded his powers in the troubled state of affairs at

Fort William.

On his Lordship's side charges were also brought in October, 1818. In

the full Court Chief Justice Powell and Justices Campbell and Boulter

presided. The most notable of these cases was against Cuthbert Grant,

Boucher, and sixteen others as either principals or accessories in the

murder of Robert Semple on June 19th, 1816. A few days later, in the

same month, a slightly different charge was brought against six of the

North-West partners in connection with the murder of Governor Semple.

Upwards of three hundred pages of evidence gave a minute and complete

account of the affair of Seven Oaks and of the whole conflict as found

in a volume of Canadian trials. In these two cases a verdict of not

guilty was also rendered.

Two other trials, one by Lord Selkirk's party against Paul Brown for

robbery of a blanket and a gun, and the other against John Cooper

and Hugh Bannerman for stealing a cannon in a dwelling-house of Lord

Selkirk, were also carried through, with in both cases a verdict of not

guilty. The evidence in these cases was printed by both parties, with

foot-notes, giving a colour to each side concerned of a more favourable

kind.

So much for this most disheartening controversy. It would be idle to

say that Lord Selkirk was faultless; but as we dispassionately read

the accounts of the trials, and consider that while Lord Selkirk was

friendless in Canada, the North-West Company had enormous influence, we

cannot resist the conclusion that advantage was taken of his Lordship,

and that justice was not done. It is true that, in the majority of

cases, the conclusion was reached that it was impossible to precisely

place the blame on either side; but we cannot be surprised that Lord

Selkirk, harassed and discouraged by the difficulties of his colony and

his treatment in the courts of Upper Canada and Lower Canada, should

write as he did in October, 1818, to the Duke of Richmond, the new

Governor-General of Canada:--

"To contend alone and unsupported, not only against a powerful

association of individuals, but also against all those whose official

duty it should have been to arrest them in the prosecution of their

crimes, was at the best an arduous task; and, however confident one

might be of the intrinsic strength of his cause, it was impossible to

feel a very sanguine expectation that this alone would be sufficient to

bear him up against the swollen tide of corruption which threatened to

overwhelm him. He knew that in persevering under existing circumstances

he must necessarily submit to a heavy sacrifice of personal comfort,

incur an expense of ruinous amount, and possibly render himself the

object of harassing and relentless persecution."

Though Lord Selkirk crossed the Atlantic in 1818, yet the sounds of the

judicial battle through which he had passed were still in his ears. In

June his friend, Sir James Montgomery, brought the matter before the

British House of Commons, moving for all the official papers in the

case. The motion was carried, and the Blue Book containing this matter

is a store-house where we may find the chief facts of this long and

heart-breaking struggle recorded.

In June, 1818, we find in a copy of a letter in the possession of the

writer, written by Sir Walter Scott, a reference to the very poor health

of his Lordship. Worn out and heart-broken by his trials, Lord Selkirk

did not rally, but in the course of a few months died at Pau, in the

South of France, April, 1820. His Countess and daughters had accompanied

him to Montreal on his Canadian visit, and they were now with him to

soothe his dying hours and to see him laid to rest in the Protestant

cemetery of Orthes.

Though he was engaged in a difficult undertaking in seeking so early

in the century to establish a colony on the Red River, and though it

has been common to represent him as being half a century before his

time, yet we cannot resist the conclusion that he was an honourable,

patriotic, and far-seeing man, and that the burden of right in this

grand conflict was on his side.

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 27 / 47 章