CHAPTER XXIX.

1808-1812.

Crisis in the Company's Affairs -- No Dividend Paid -- Petition

to Lords of the Treasury -- Factors Allowed a Share in the

Trade -- Canada Jurisdiction Act -- The Killing of MacDonnell

-- Mowat's Ill-treatment -- Lord Selkirk -- His Scheme laid

before the Company -- A Protest by Thwaytes and others -- The

Project Carried -- Emigrants sent out to Red River -- Northmen

Stirred to Reprisal.

England was again at war with France. Napoleon had placed an embargo

on English commerce, and to the uttermost corner of Europe was this

measure felt. Tons of the most costly furs, for which there was no

market, lay heaped in the Company's warehouse. The greatest difficulty

was experienced in procuring servants, especially seamen, and when

these were procured, they were often seized by a press-gang; shares

began to decline in value; numerous partners were selling out their

interests, and no strong man appeared at the head of affairs.

In 1808 no dividend was paid, chiefly the result of the

non-exportation of the Company's furs to the Continent of Europe.

There were the accumulations of furs imported during 1806, 1807 and

1808 lying in the warehouse without prospect of sale.

The pressure still continued and at last, in 1809, the Company was

driven to petition the Chancellor of the Exchequer for transmission to

Lords of the Treasury, setting forth the Company's position and its

claims on the nation.

[Sidenote: The Company in difficulties.]

"Accumulated difficulties," it said, "have pressed hardly on the

Company and we ask assistance to maintain a colony that till now has

found within itself resources to withstand the pressure of all former

wars and to continue those outfits on which six hundred Europeans and

their families and some thousands of native Indians depend for their

very existence.

"We assure your worships that it was not until all those resources

were exhausted that we came to the resolution of making the present

application."

The petition recited that after having received their charter the

Company had colonized such parts of newly granted territories as

appeared most convenient for carrying on their commerce with the

natives. This commerce "consisted in the barter of British

manufactures for the furs of animals killed by the different tribes of

Indians who were within reach of factories and gradually extended

itself till, as at the present moment, the manufactures of Great

Britain are borne by the traders of Hudson's Bay over the face of the

whole country from Lake Superior to the Athabasca.

"The trade is at present pursued by the export of furs, gunpowder,

shot, woollens, hardware and other articles, which together with large

supplies of provisions for the factories, constitute an annual outfit

consisting wholly of British manufactures and British produce of from

£40,000 to £50,000, in return for which we receive the furs of bears,

wolves, foxes, otters, martens, beaver and other animals, together

with some oil and articles of inferior value. The cargoes are sold at

public sale. The beaver and some few inferior furs, together with the

oil, are bought for home consumption and sell for about £30,000, but

the fine furs were, till after the sale of 1806, bought by the fur

merchants for the fairs of Frankfort and of Leipsic for Petersburg,

and before the present war, for France. Since that year there has not

been a fur sold for exportation, and as a proof to your worships that

the deficiency of buyers did not arise from our holding back for a

higher market, we sold in 1806 for seven shillings per skin furs that

in the more quiet state of Europe in 1804 had brought us 20s. 3d., and

which for years previous to that time had sold for a similar price;

and other depreciation pervaded in about the same proportion the whole

of those furs calculated only for the foreign market, and in some

instances furs were sold for a less price than the duties we had paid

for them.

"Since that period no orders have been received from abroad, and our

warehouses are filled with the most valuable productions of three

years' import that if sold at the prices of those years before the

closing of the ports on the Continent would have produced us at least

£150,000.

"It may be objected to us, that we were improvident in pursuing under

such circumstances a trade which must so inevitably tend to ruin. But

a certainty that a considerable quantity of furs found their way to

New York, and an earnest zeal for the preservation of trade which by

the conduct of the Hudson's Bay Company had been secured to this

country for a century and a half, prompted us to every exertion to

maintain the footing we had established, and the annually increasing

amount of our trade gave us just grounds to look forward with

confidence to the opening of the northern ports of Europe as the

period when all our difficulties would cease; an event which, anterior

to the battles of Austerlitz or of Jena, was looked for with the most

sanguine expectation.

"Above all were we impelled by the strongest motives to continue these

supplies which were necessary for the subsistence of six hundred

European servants, their wives and children, dispersed over a vast and

extended field of the North American Continent, and who would not be

brought to Europe under a period of three years as well as those upon

whom the many Indian nations now depend for their very existence.

"The nations of hunters taught for one hundred and fifty years the use

of fire-arms could no more resort, with certainty, to the bow or the

javelin for their daily subsistence. Accustomed to the hatchet of

Great Britain, they could ill adopt the rude sharpened stone to the

purposes of building, and until years of misery and of famine had

extirpated the present race, they could not recur to the simple arts

by which they supported themselves before the introduction of British

manufactures. As the outfits of the Hudson's Bay Company consist

principally of articles which long habit have taught them now to

consider of first necessity, if we withhold these outfits, we leave

them destitute of their only means of support. The truth of this

observation had a melancholy proof in the year 1782, when from the

attack made upon the settlements by La Pérouse, and the consequent

failure of our supplies, many of the Indians were found starved to

death.

[Sidenote: Petition of the Company.]

"It was not only from the firm conviction that we felt of the

necessity of European manufactures to the present existence of whole

nations of North American Indians that we considered ourselves bound

by the most powerful ties to exert every effort in their favour; but

also that we might continue to them those advantages which would

result to their religious as well as civil welfare from the

progressive improvements, and a gradual system of civilisation and

education which we have introduced throughout the country;

improvements which are now diffusing the comforts of civilized life,

as well as the blessings of the Christian faith to thousands of

uninstructed Indians, and would in their completion, we can

confidently assert, have tended to the future cultivation of lands,

which from experiments we found capable of growing most of the grains

of Northern Europe, and from their climate adapted to the culture of

hemp and flax, and from the labour of those families who would have

been induced to settle at our factories, might soon have brought to

this country the produce of the boundless forests of pine that spread

themselves over almost the southern parts of our possessions.

"To realize these not visionary schemes, but sure and certain plans,

founded upon the progressive civilization of the natives, were objects

not to be given up without the most urgent necessity, and the hope

that the ruler of the French Empire could not forever shut out our

trade from Europe, induced us to resort to every means within our

power to preserve the advantages resulting to ourselves and to the

Indians, and to the British nation.

"We have exhausted those funds which we set apart for their

completion; we have pledged our credit till we feel, as honest men,

that upon the present uncertainty we can pledge it no farther, and we

throw ourselves upon your Worship's wisdom to afford us that temporary

assistance which we cannot ask at any other hands.

"Were we to resort to the early history of our settlements, we might

lay the foundations of just claims upon the public to assist our

present wants. We could show instances of most destructive attacks by

the French upon our factories. Our forts and military works, mounted

with a numerous and expensive artillery for the defence of the colony

against their future operations, were destroyed and the guns ruined.

And particularly was a most grievous loss occasioned to us by the

predatory attack of La Pérouse about the conclusion of the American

War, which caused the distress to which we have above alluded.

"Against these pressures when our trade flourished we were able to

hold up, and we found within ourselves those resources which defeated

the enemy's views and continued to Great Britain the trade we had

established.

"And it is not until pressed to our last resort that we ask of your

Lordships that assistance with which we may confidently hope to

preserve our trade until the continent may be again opened, when we

shall be delivered from those difficulties under which we are now

sinking."

The petition was signed by Wm. Mainwaring, Governor; Joseph Berens,

Deputy Governor; George Hyde Wollaston, Thomas Neave, Job Mathew

Raikes, Thomas Langley, John Henry Pelly, Benjamin Harrison, John

Webb.

In April the Adventurers petitioned the King in Council to reduce

duties on furs to one-half, or trade must suffer extinction. No profit

was derivable, it said, on marten, wolf, bear, wolverine and

fisher-skins.

To this petition the Office of Committee of Privy Council for Trade,

Whitehall, replied in the following February, that the memorial of the

Hudson's Bay Company contained no proposition on which the Lords of

this Council could "offer any opinion to the Lords of Treasury."

[Sidenote: Small Government assistance.]

As their petition was denied, the Company now boldly prepared a

request and asked for a loan of £60,000, and that time be extended for

paying the duties on furs imported until the continental market

re-opened. To this request an answer was returned, allowing twelve

months storage of furs free of duty and promising drawbacks as if

storage had only been for one year, but stating that there were no

funds out of which a loan could be made without special authority of

Parliament.

It was clear that the Company was in very low water, and that some new

salutary policy was demanded. By way of a beginning, barter was

abolished as a basis of trade, and money payments ordered. At the same

time the Adventurers stole a leaf out of the book of the North-West

company, and new regulations, comprising thirty-five articles, were

made in the early months of 1810, for carrying on the business in

Hudson's Bay.

The principle of allowing to their chief officers a considerable

participation in the profits of their trade was admitted. It was found

absolutely necessary to adopt some step of this sort, as nothing of

such a measure could be sufficient to stem the torrent of aggression

with which they had been assailed by the North-West company; and their

absolute ruin must have ensued if some effectual means had not been

taken, not only to rectify some of the abuses which had crept in under

the former system, but also to rouse their officers to a more

effectual resistance of the lawless violence practised against them.

The total lack of jurisdiction in the Indian country, as the territory

which was the scene of the operations of the fur-traders was called,

permitted crime to go unpunished, and numerous representations were

made in respect to the evils of this practical immunity from

punishment. In Sir Alexander Mackenzie's letter of the 25th of

October, 1802, he says that, in view of the improbability of the two

companies amalgamating, a jurisdiction should be established as

speedily as possible, to prevent the contending fur companies from

abusing the power either might possess, so as to secure to each the

fruits of fair, honest and industrious exertion; it would also, he

believed, tend to put a stop to the increasing animosity between the

two companies. Mr. Richardson, of the other company, also pressed for

the establishment of a competent jurisdiction and instanced the case

of one of the clerks in his company who had killed a clerk of the

other in defending the property in his care. The young man had come to

Montreal to be tried, but there being no jurisdiction there for such

trial, "he remains in the deplorable predicament that neither his

innocence nor his guilt can be legally ascertained." He also proposed

that a military post should be established at Thunder Bay, on Lake

Superior, as an additional means of securing peace.

Repeatedly had the Grand Juries of Quebec and Montreal called

attention to this want of jurisdiction. In one report the number of

people from the Canadas, chiefly from Lower Canada, was urged as one

reason for establishing in the Indian country a court of competent

jurisdiction for the trial of offences committed in these territories,

including Hudson's Bay.

[Sidenote: Plea for establishment of jurisdiction.]

"The very heavy expense," observes the report, "incident to the

conveyance of offenders from the Territory of Hudson's Bay to England,

with the necessary witnesses on both sides, and the cost of

prosecution and defence, must generally operate, either to prevent

recourse to a tribunal across the ocean, and thereby stimulate to

private retaliation and revenge, or where such course can or shall be

had, the guilty may escape punishment, and the innocent be sacrificed

from the distance of time and place of trial, the death or absence of

witnesses, or other causes; and the mind cannot contemplate without

horror the possible abuses to which such circumstances might give

rise; as in the instance of a prosecutor coming from and at a remote

day, when the accused may be destitute of pecuniary means, and the

exculpatory evidence may either be dead, removed, or be otherwise

beyond his reach, who at all events (however innocent he may finally

be found) will have undergone a long and painful confinement, far

removed from his family and connections, and perhaps ruinous to every

prospect he had in life."

Sir Robert Milnes strongly supported the representation of the Grand

Jury, and added that "Under such circumstances every species of

offence is to be apprehended, from Trespasses to Murder," and also

that "the national character of the English will be debased among the

Indians, and the numerous tribes of those people will in consequence

thereof be more easily wrought upon by foreign emissaries employed by

the Enemies of Great Britain."[88]

In consequence of these representations Lord Hobart promised that

immediate steps should be taken to remedy the existing state of

affairs. But Milnes became impatient for a decision, and writing in

September, 1803, to the Under-Secretary, he reminded him of the

promise, the great increase and extent of the fur-trade rendering such

an Act daily more necessary. The Act to give jurisdiction to the

Courts of Upper and Lower Canada had, however, been assented to on the

11th of the preceding month.

[Illustration: VOYAGEURS TRACKING CANOES UP A RAPID.]

[Sidenote: Canada Jurisdiction Act.]

The first case brought to trial under the Act became celebrated. In

the autumn of 1809 William Corrigal was the trader at a Company's post

near Eagle Lake. On the 15th of September a party of North-Westers

established an encampment about forty yards from the Company's post,

under one of their clerks, Aeneas MacDonnell. In the evening an Indian

arrived in his canoe to trade with Corrigal and to pay a debt which he

owed him. As he was not able to defray the whole amount, Corrigal

accepted the canoe in part payment. The Indian requested that it might

be lent to him for a few days, which was agreed to; and the Indian

spent the night at the post with his canoe. In the morning he received

in advance some more merchandise, such as clothing for his family and

ammunition for his winter hunt. When he finally departed, three of the

Company's servants were sent down to the wharf with the canoe and the

goods. On their way they were observed by a number of Northmen,

including MacDonnell, who went immediately down to the lake, armed

with a sword and accompanied by a voyageur named Adhemer, armed with a

brace of pistols. Upon pretence that the unhappy Red man was indebted

to the North-West company, they proceeded to seize and drag away the

canoe and the merchandise to their own wharf. Corrigal observing this,

commanded two of his men, James Tate and John Corrigal, to go into the

water and prevent the seizure, and as they approached on this mission

MacDonnell drew his sword and struck two blows at Tate's head. The

latter was unarmed, and warded the blows with his wrist, which was

severely gashed. He then received another deep wound in the neck,

which felled him to the ground. In the meantime Adhemer had seized

John Corrigal (who was also unarmed) and presenting a cocked pistol at

his head, swore that if he went near the canoe he would blow out his

brains.

Several of the Company's servants who were near the spot, perceiving

what was going on, and observing that the rest of MacDonnell's men

were collecting with arms, ran up to their own house, which was only

about forty or fifty yards from the lake, for weapons of defence.

MacDonnell next attacked John Corrigal, who to escape him ran into the

lake. Finding the water too deep, however, he was soon obliged to make

a turn towards the shore. His pursuer wading after him, aimed a blow

at him with his sword, cut his arm above the elbow and laid the bone

bare. He followed this up with a tremendous blow at his head, which

Robert Leask, one of the Company's servants, fortunately warded off

with the paddle of his canoe, which was cut in two by the blow. The

North-West leader in a fury now attacked another servant named Essen,

aimed a blow at him with his sword, which, however, only struck his

hat off. But in making his escape Essen fell into the water. Before he

could recover himself another Canadian aimed a blow at his head with a

heavy axe, which missed its aim, but dislocated his shoulder, so that

he could make no use of his arm for over two months after this

affray.

[Sidenote: Killing of MacDonnell.]

MacDonnell and Adhemer, the one with a drawn sword and the other with

a cocked pistol, continued to pursue several other of the Company's

servants towards the fort, when one of them, named John Mowat, whom

MacDonnell had previously struck with his sword, and was preparing to

strike again, shot MacDonnell on the spot.

[Sidenote: Trial of Mowat.]

MacDonnell's body was carried away, and the parties separated,

Corrigal fearing a further attack. On the 24th, a partner of the

North-West Company, named Haldane, arrived in a canoe with ten men,

and on the following day another partner, McLellan, also arrived. They

came to the gates of the stockades, behind which Corrigal and his men

had barricaded themselves, and demanded the man who had shot

MacDonnell. They declared that if the person was not immediately given

up they would either shoot every one of the Company's men, or get the

Indians to kill them, were it even to cost them a keg of brandy for

each of their heads! Mowat now stepped forward and acknowledged that

he was the man, and that he would shoot MacDonnell again in the same

circumstances. Much to his surprise the North-Westers announced their

intention of taking him and two witnesses down to Montreal for trial.

Mowat was thereupon put in irons. From the 2nd of October, when they

arrived at Rainy Lake, the unhappy man was generally kept in irons

from six in the morning till eight in the evening, and during the

night until the 14th of December. During the whole winter he was kept

in close confinement, and the two witnesses, Tate and Leask, who had

voluntarily accompanied him, were themselves subjected to much insult

and indignity, and were obliged to submit to every species of drudgery

and labour in order to obtain a bare subsistence. In June the whole

party, including Corrigal, arrived at Fort William, the chief

trading-post rendezvous of the North-Westers. Here Mowat was

imprisoned in a close and miserable dungeon, about six feet square,

without any window or light of any kind whatsoever, and when he

finally reached Montreal he was in a most pitiable condition. The

witnesses were seized on a charge of aiding and abetting the murder

of MacDonnell, and this upon the oath of one of the North-West

half-breeds. The Hudson's Bay Company had at this time no agent or

correspondent at Montreal or any place in Canada, and it was not until

the end of November that the Honourable Adventurers heard of the

prosecution being carried on against their servants. Immediate steps

were taken for their protection, and counsel engaged for the defence.

Mowat and his witnesses were indicted for murder. The grand jury found

a true bill against Mowat, but not against the others, and Tate and

Leask were accordingly discharged.[89]

In spite of the evidence, the jury brought in a verdict of

manslaughter. The judge, however, had charged them to find it murder.

Mowat was sentenced to be imprisoned six months and branded on the

hand with a hot iron. After his discharge, two years from the time he

was first put in irons at Eagle Lake, Mowat proceeded from Canada to

the United States in order to return to England, but was never heard

of again. He is supposed to have been drowned by the breaking of the

ice in one of the rivers he had to cross on his way.

[Sidenote: The Earl of Selkirk.]

Such was the situation in the early years of the century. At this time

there rose a name destined to be of more than local fame, that of

Thomas Douglas, fifth Earl of Selkirk, a young man of benevolent

character, whose feelings had been deeply moved by the sufferings of

his countrymen in the Scottish Highlands. Nor was the nobleman's

compassion excited without cause. A compulsory exodus of the

inhabitants of the mountainous regions in the county of Sutherland was

in progress. The tale of expulsion of a vast number of poor tenantry

from the estates of the Duchess of Sutherland, which they and their

ancestors had looked upon as their own without the necessity of rent

and taxes, may be heard to-day from some white-haired old grandfather,

who had it from the lips of his sire, in the far north of Scotland.

The system of rents and land-management as it prevails to-day all over

the Highlands had only then been put in force, and the squatters were

driven to seek their homes as best they might in the remote and

sequestered places of the earth. Selkirk encouraged this emigration as

the only remedy; and having endeavoured in vain to secure the active

co-operation of the Government, resolved to settle a colony on waste

lands granted him in Prince Edward Island. The better to ensure

success, he went in person to oversee the whole enterprise. Gathering

together about eight hundred of these poor people, who bade a

melancholy farewell to their heather-robed hills, they arrived at

their future home early in September, 1803.

[Illustration: LORD SELKIRK.]

Selkirk visited Montreal in this and also in the following year on

matters connected with his philanthropic undertaking, and on both

occasions evinced the heartiest interest in the great territory to the

north-west which formed the theatre of action for the two rival

fur-trading companies.

The Prince Edward Island colony continuing to prosper, Lord Selkirk

now conceived the plan of forming a colony on the banks of the Red

River, in Rupert's Land.[90] In order to execute his project with a

greater assurance of success, he again, in 1805, addressed the British

Government and nation, pointing out the successful issue of his colony

as an example of the excellent results which would attend a further

exodus of the superfluous population.

Time went on and the execution of the plan being still in abeyance,

the great decline in Hudson's Bay stock suggested an idea to Selkirk.

He submitted the charter to several of the highest legal authorities

in England, and got from them the following:

"We are of the opinion that the grant of the said contained charter is

good, and that it will include all the country, the waters of which

run into Hudson's Bay, as ascertained by geographical observations.

[Sidenote: Legal opinion on the Company's charter.]

"We are of opinion that an individual holding from the Hudson's Bay

Company a lease or grant in fee simple of any part of their territory,

will be entitled to all the ordinary rights of landed property in

England, and will be entitled to prevent other persons from occupying

any part of the lands; from cutting down timber and fishing in the

adjoining waters (being such as a private right of fishing may subsist

in), and may (if he can peaceably or otherwise in due course of law)

dispossess them of any buildings which they have recently erected

within the limits of their property.

"We are of opinion that the grant of the civil and criminal

jurisdiction is valid, though it is not granted to the Company, but

to the Governor and Council at their respective establishments. We

cannot recommend, however, it to be exercised so as to affect the

lives or limbs of criminals. It is to be exercised by the Governor and

Council as judges, who are to proceed according to the laws of

England.

"The Company may appoint a sheriff to execute judgments and do his

duty as in England.

"We are of opinion that the sheriff, in case of resistance to his

authority, may collect the population to his assistance, and put arms

into the hands of his servants for defence against attack, and to

assist in enforcing the judgments of the courts; but such powers

cannot be exercised with too much circumspection.

"We are of opinion that all persons will be subject to the

jurisdiction of the court, who reside or are found within the

territories over which it extends.

"We do not think the Canada Jurisdiction Act (43 George III.) gives

jurisdiction within the territories of the Hudson's Bay Company, the

same being within the jurisdiction of their own governors and

council.[91]

"We are of opinion that the Governor (in Hudson's) might under the

authority of the Company, appoint constables and other officers for

the preservation of the peace and that the officers so appointed would

have the same duties and privileges as the same officers in England,

so far as these duties and privileges may be applicable to their

situation in the territories of the Company." This was signed by Sir

Samuel Ronully, Mr. Justice Holroyd, W. M. Cruise, J. Scarlett and

John Bell. There could be thus no question of Selkirk's right. The

Company's charter, amongst other provisions, expressly forbids all

English subjects from entering, without license or authority, upon the

territories of the Hudson's Bay Company. The Governor and Company only

are empowered to grant such authority and on them also is conferred

the right of establishing castles, fortifications, forts, garrisons,

colonies, plantations, towns and villages, in any parts or places

within the limits of their territory. They had also the right of

sending ships of war, men or ammunition, to their colonies,

fortifications or plantations, and of appointing governors, commanders

and officers over them.

Selkirk began by purchasing several thousand pounds worth of shares in

the Company.

Late in 1810 he made a formal proposition to the Company, a

proposition previously made and rejected, for a settlement to be made

within its territory. This time some of the Honourable Adventurers

began to see that the scheme might be fraught with salvation for

themselves.

Lord Selkirk was asked to lay before the committee the terms on which

he would accept a grant of land within the Hudson's Bay territories,

"specifying what restrictions he would be prepared to consent to be

imposed on the settlers." Also what security he would offer to the

Company against any injury to its trade or to its rights and

privileges.

Lord Selkirk responded to this, and his proposals were agreed to,

subject to final approbation of a general court of all the

Adventurers.

[Sidenote: Selkirk's project.]

It now dawned upon the wiser spirits that here was being offered them

the means for the Company's salvation. Nevertheless, the traditional

opposition of the Company to any project of the kind still lingered,

and was not easily disposed of. For weeks the meetings in committee

resounded with appeals to "traditional policy," to "loyalty to the

noble, the ancient founders," to "a spirit of reverence for the

history of our Company," but all to no purpose. Selkirk was to carry

the day. A general court was convened, by public notice, in May 1811,

when the stockholders were informed that the Governor and Committee

considered it beneficial to their general interests to grant Lord

Selkirk 116,000 square miles of their territory, on condition that he

should establish a colony and furnish, on certain terms, from amongst

the settlers, such labourers as would be required by the Company in

their trade.

In order to give the partners a further opportunity of making

themselves fully informed of the nature of the proposed measure, an

adjournment of the court took place. In the meanwhile notice was given

to all the stockholders that the terms of the proposed grant were left

at the secretary's office for their inspection.

This interval was the opportunity of McGillivray and his friends.

In certain quarters, no pains or misrepresentations were spared by

persons associated with the North-West Company to prejudice the public

mind against it. The newspapers teemed with falsehoods representing

the country as cold or barren, as a dreary waste or interminable

forest, unfit to be the abode of men and incapable of improvement.

Selkirk was accosted in Pall Mall by a friend who remarked: "By God,

sir, if you are bent on doing something futile, why do you not sow

tares at home in order to reap wheat, or plough the desert of Sahara,

which is nearer."

Old servants of the Company came forward to dispel these calumnies,

and seeing their first falsehoods destroyed, Selkirk's enemies now

proceeded to follow new tactics. They spoke with feigned alarm

concerning the hostile disposition of the aborigines; they lamented

with affected sympathy and humanity the injuries and slaughters to

which the colonists would be exposed from the savages.

At the adjourned meeting the proposition was again discussed amidst

the greatest excitement and tumult, and adopted. A memorial or protest

was however entered against the measure, bearing the signature of six

of the proprietors.

[Sidenote: Opposition by agents of the North-West Company.]

Of these six signing the protest, three were persons closely connected

with and interested in the rival commercial concerns of the North-West

Company of Montreal; and two of the three were, at the very moment,

avowed London agents of that association. These had become proprietors

of Hudson's Bay stock only eight and forty hours before the general

meeting. They were not indeed possessed of it long enough to entitle

them to vote at the meeting; but their names now being entered in the

Company's books, though the ink was scarcely dry with which they were

inserted, they felt themselves competent to formally raise their

voices in condemnation of those measures which the committee of

directors unanimously, and the general court by a great majority, had

approved of.

Their design in acquiring the Company's stock was obvious. However

circuitous the stratagem might be, it was clear that they had thus

become proprietors of one commercial company for the purpose of

advancing the fortunes of another, and a rival concern.[92] The

stratagem did not altogether fail, for Lord Selkirk's agents were yet

to encounter much friction in distant quarters supposed to be

friendly, and required to be obedient to the orders of the Company.

When the vote was taken, it was found that for the question there

appeared holders of stock valued at £29,937; against it, £14,823. The

Earl, himself, voted "for"--£4,087; the principal opponent of the

scheme being one William Thwaytes, whose interest was represented at

£9,233.

At this meeting a memorial was read violently opposing the scheme,

signed by Thwaytes and four or five others. According to them, the

main objections were:--(_a_) Impolitic; (_b_) Consideration

inadequate; (_c_) Grant asked for very large proportion of Company's

holding, viz.: 70,000 square miles, or about 45,000,000 acres; (_d_)

Should be a public sale, if any, not a private contract with a member

of the Company; (_e_) No penalty for failure to find settlers; (_f_)

Colonization unfavourable to the fur-trade; private traffic would be

carried on with the United States of America.

The Earl proposed to find a number of effective men as servants to the

Hudson's Bay Company in return for a grant of land, viz., two hundred

men for ten years, from 1812, who would every year be ready to embark

between May 1st and July 1st at an appointed place in Scotland.

The Company were to pay wages to each man not exceeding £20. Should

the Earl fail, he agreed to forfeit £10 per man short of two hundred.

As to proposed grants of land to settlers, two hundred acres were to

be given to labourers or artificers; one thousand acres to a master of

a trading-house. The Company were, of course, to have full rights of

access to all the surrendered districts.

[Sidenote: Earl Selkirk's proposal accepted.]

The customs duties, exports and imports, payable by settlers were not

to exceed five per cent, at Port Nelson, unless it happened that a

higher duty was levied at Quebec. The duties so to be levied were to

be applied to the expense of Government police, communication between

Lake Winnipeg and Port Nelson, etc., and not to be taken as profits

for the Company. The show of hands was in favour of the proposal; but

a protest was handed in to the Governor by Thwaytes and others. In

spite of this, on the 13th of June, the deed was signed, sealed and

delivered by the secretary on behalf of the Company.

The lands were defined by deed as situate between 52° 30' north

latitude and 102° 30' west longitude, a map being affixed to the

deed.

In reading this protest, one who was ignorant of the true state of

affairs would have been led to believe that the partners concerned had

no object so dear to them as the welfare and prosperity of the

Hudson's Bay Company. These gentlemen appeared to be animated by the

most thorough devotion and zeal, as they stood together declaiming in

loud, earnest tones against the errors into which their beloved

Company was falling, and pouring out their sympathy to the emigrant

settlers who might be lured to their destruction by establishing

themselves on the lands so granted "out of reach," to employ their own

phrase, "of all those aids and comforts which are derived from civil

society;" and so it did truly appear to many then as it has done

since. But let us examine those signatures, and lo, the wolf obtrudes

himself basking in the skin of a lamb!

The grant was thus confirmed. The opposition had found itself

powerless, and Selkirk was put into possession of a territory only

5,115 square miles less than the entire area of the United Kingdom of

Great Britain and Ireland.[93]

The grant secured, Selkirk at once despatched agents to Ireland and

throughout the highlands of Scotland, to engage servants, some for the

Company's service, others for general labourers in the colony. These

last were known as "his lordship's servants," and were engaged for a

term of years, at the expiration of which they became entitled to one

hundred acres of land, free of cost. They were placed under the charge

of Miles McDonnell, who received a joint appointment from Selkirk and

the Company, as first Governor of the new colony.

[Sidenote: Selkirk's immigrants arrive.]

The first section of the immigrant party arrived at York Factory late

in the autumn of 1811.[94] This post was then in charge of William

Auld, who, as we have seen, occupied the position of Superintendent of

the Northern Department of Rupert's Land. After a short residence at

the fort, where they were treated in a somewhat tyrannical and

high-handed fashion by the Governor, who had scant sympathy for the

new _régime_, the party were sent forward to Seal Creek, fifty miles

up Nelson River. Governor McDonnell and one Hillier, in the character

of justice of the peace, accompanied them thither, and preparations

were at once made for the erection of a suitable shelter.

[Illustration: STORNAWAY.

(_The Hebrides._)]

McDonnell experienced a great deal of trouble during the winter with

the men under his charge, for a mutinous spirit broke out, and he was

put to his wits' end to enforce discipline. He put it all down to the

Glasgow servants. "These Glasgow rascals," he declared to Auld, the

Governor of York Factory, "have caused us both much trouble and

uneasiness. A more stubborn, litigious and cross-grained lot were

never put under any person's care. I cannot think that any liberality

of rum or rations could have availed to stop their dissatisfaction.

Army and navy discipline is the only thing fit to manage such fierce

spirits."

But the Irish of the party were hardly more tractable. On New Year's

night, 1812, a violent and unprovoked attack was made by some of the

Irish on a party of Orkneymen, who were celebrating the occasion.

Three of the latter were so severely beaten that for a month the

surgeon could not report their lives entirely out of danger. Four of

the Irishmen concerned in this assault were sent back home. "Worthless

blackguards," records the Governor; "the lash may make them

serviceable to the Government in the army or navy, but they will never

do for us."

On the subject of the Orkney servants of the Company all critics were

not agreed. Governor McDonnell's opinion, for instance, was not

flattering:--

"There cannot," he reported, "be much improvement made in the country

while the Orkneymen form the majority of labourers; they are lazy,

spiritless, and ill-disposed--wedded to old habits, strongly

prejudiced against any change, however beneficial. It was with the

utmost reluctance they could be prevailed on to drink the spruce juice

to save themselves from the scurvy; they think nothing of the scurvy,

as they are then idle, and their wages run on.... It is not uncommon

for an Orkneyman to consume six pounds or eight pounds of meat in a

day, and some have ate as much in a single meal. This gluttonous

appetite, they say, is occasioned by the cold. I entirely discredit

the assertion, as I think it rather to be natural to themselves. All

the labour I have seen these men do would scarcely pay for the

victuals they consume. With twenty-five men belonging to it, the

factory was last winter distressed for firewood, and the people sent

to tent in the woods."[95]

[Sidenote: Opposition by the Nor'-Westers.]

Meanwhile, leaving the shivering immigrants, distrustful of their

officers and doubtful of what the future had in store for them, to

encamp at Seal Creek, let us turn to the state of affairs amongst the

parties concerned elsewhere, particularly amongst the Nor'-Westers.

Simon McGillivray, who was agent in London for that Company, watched

all Selkirk's acts with the utmost distrust, and kept the partners

continually informed of the turn affairs were taking. He assured them

that Selkirk's philanthropy was all a cloak, designed to cover up a

scheme for the total extinction of the Hudson's Bay Company's rivals.

The colony was to be planted to ruin their trade. It was an endeavour

to check the physical superiority of the Nor'-Westers and by means of

this settlement secure to the Hudson's Bay Company and to himself, not

only the extensive and sole trade of the country within their own

territories, but a "safe and convenient stepping-stone for

monopolizing all the fur-trade of the Far West."

The partners in Montreal were stirred to action. Regarding Lord

Selkirk's motives in this light, they warmly disputed the validity of

the Hudson's Bay Company's Charter and of the grants of land made to

him. It was decided to bring all the forces of opposition they

possessed to bear on this "invasion of their hunting grounds."

FOOTNOTES:

[88] Canadian Archives.

[89] It has been noted that several partners of the North-West concern

were upon the grand jury which found the bill of indictment, and out

of four judges who sat upon the bench, two were nearly related to

individuals of that association.

[90] Already, in April, 1802, Lord Selkirk had addressed a letter and

memorial to Lord Pelham, the Home Secretary, detailing the

practicability of promoting emigration to Rupert's Land. "To a colony

in these territories," he concluded, "the channel of trade must be the

river of Port Nelson."

[91] In the course of a letter reporting on the disputes between the

Hudson's Bay Company and the North-Westers, Commissioner Coltman

attributed the disasters in the territories to the Company having held

in abeyance its right to jurisdiction and that this neglect was the

reason for passing the act of 1803. This letter is in the Canadian

Archives, _v._ Report 1892.

[92] "I have," writes Sir Alexander Mackenzie from London, 13th April,

1812, "finally settled with that Lord (Selkirk). After having prepared

a bill to carry him before the Lord Chancellor, it was proposed to my

solicitor by the solicitor of his Lordship that one-third of the stock

that was purchased on joint account before I went to America,

amounting to £47,000, and the balance of cash in his Lordship's hands,

belonging to me, should be given up to me; of this I accepted, though

I might have obliged his Lordship to make over to me one-third of the

whole purchase made by him in this stock, which at one time I was

determined to do, having been encouraged thereto by the house of

Suffolk Lane and countenanced by that of Mark Lane. But these houses

thought it prudent to desist from any further purchases."

Mackenzie says that by a verbal understanding with Mr. McGillivray,

his purchase of the Hudson's Bay stock belonged to the North-West

Company, and that, if Mr. McGillivray himself had been there, a sum of

£30,000 might have been invested in that stock, "all of which Lord

Selkirk purchased, and if he persists in his present scheme, it will

be the dearest he yet made.

"He will put the North-West Company to a greater expense than you seem

to apprehend, and had the Company sacrificed £20,000 which might have

secured a preponderance in the stock of Hudson's Bay Co., it would

have been money well spent."

[93] The district thus granted was called Assiniboia, a name

undoubtedly derived from the Assiniboine tribe and river, yet alleged

by some at the time to be taken from two Gaelic words "osni" and

"boia"--the house of Ossian.

[94] "None of the young men," says McDonnell, "made any progress in

learning the Gaelic or Irish language on the voyage. I had some drills

of the people with arms, but the weather was generally boisterous, and

there were few days when a person could stand steady on deck. There

never was a more awkward squad--not a man, or even officer, of the

party knew how to put a gun to his eye or had ever fired a shot."

[95] Governor McDonnell's observations are not always to be relied

upon. For instance, he says in one report, "I am surprised the Company

never directed a survey to be made of the coast on each side of

Hudson's Straits. From the appearance of the country there must be

many harbours and inlets for vessels to go in case of an accident from

ice, want of water, etc. We were often, ourselves, much in doubt for

the accomplishment of our voyage, and had we been under the necessity

of putting back, must have suffered for want of water. Two of the

ships, without any additional expense, might execute this survey on

the voyage out, with only the detention of a few days, one taking the

north and the other the south shore." Such a survey had been made as

early as 1728. Mention has already been made of Captain Coats, who, in

1739, prepared a chart of the Straits and Bay. To some of the older

captains in the service, the Straits were as well-known as the harbour

of Stromness.

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