CHAPTER XXXII.

1817-1821.

The English Government Intervenes -- Selkirk at Red River --

Makes a Treaty with the Indians -- Hostilities at Peace River

-- Governor Williams makes Arrests -- Franklin at York Factory

-- The Duke of Richmond Interferes -- Trial of Semple's

Murderers -- Death of Selkirk -- Amalgamation.

Tidings of the brutal massacre of the 19th of June, and the subsequent

acts of robbery and bloodshed in the wilderness, reached London in due

course, awakening the Imperial authorities to the necessity of at once

terminating a strife which had now become chronic. In February, 1817,

therefore, while Lord Selkirk was still at Fort William, the

Governor-General of Canada received a despatch from the Home

Government, which contained the following passage:--

You will also require, under similar penalties, a restitution

of all forts, buildings and trading stations, with the property

which they contain, which may have been seized, or taken

possession of by either party, to the party who originally

established or constructed the same, and who were in possession

of them previous to the recent disputes between the two

companies. You will also require the removal of any blockade or

impediment by which any party may have attempted to prevent the

free passage of traders, or other of his Majesty's subjects, or

the natives of the country, with their merchandise, furs,

provisions or other effects throughout the lakes, rivers,

roads, and every other usual route or communication heretofore

used for the purpose of the fur-trade in the interior of North

America, and the full and free permission of all persons to

pursue their usual and accustomed trade without hindrance or

molestation. The mutual restoration of all property captured

during these disputes, and the freedom of trade and intercourse

with the Indians, until the trials now pending can be brought

to a judicial decision, and the great question at issue, with

respect to the rights of the companies, shall be definitely

settled.

[Sidenote: Fort William restored to the Nor'-Westers.]

The Governor-General appointed Colonel Coltman and Major Fletcher, two

military personages of high character, to act as commissioners, in

order to carry out the Imperial Government's intentions. Coltman and

Fletcher left Montreal in the same month that Selkirk evacuated Fort

William. No sooner had Lord Selkirk and his party left this great

trading post than the Sheriff of Upper Canada arrived, and by virtue

of a writ of restitution took possession and restored it to its

original owners. The commissioners, confronted by this fact, continued

their journey on to Red River, arriving at Fort Douglas while Lord

Selkirk was still in that locality. They proceeded to execute their

commission, and to endeavour to restore the region to law and order.

The merchandise, provisions and furs were in the course of the summer

apportioned to their respective proprietors; the channels of

communication were opened, and in time the commissioners were enabled

to return to Canada, flattering themselves with the hope that the

orders of the Prince Regent would be everywhere obeyed. The

commissioners made a most circumstantial report of their mission, of

which both parties complained that neither had received justice, which

(as Senator Masson truly observes) was a very good reason for

supposing that the report was just and impartial.

Unhappily, this hope of theirs was not destined to be fulfilled. Fort

Gibraltar had been destroyed, but the North-Westers at once set about

erecting buildings for carrying on their trade. Selkirk meanwhile

devoted himself to the affairs of his colony, making provision for the

soldiers of the De Meuron and Watteville regiments according to the

contract mutually entered into. He allotted each man a plot of land

either in the vicinity of Fort Douglas, or on the other side of the

river, close at hand; and the officers were stationed amongst them.

This was done so that in case of any necessity arising, a signal from

headquarters would enable the whole body to join their commanders in

the fort at short notice. Everything was effected which, in his

opinion, could conduce to the well-being of the colony. Selkirk now

turned his attention to the Indians, whom he called together within

the walls of the fort, and after bestowing amongst them presents,

concluded the following treaty with them:--

[Sidenote: Treaty with Red River Indians.]

This Indenture, made on the 18th day of July, in the

fifty-seventh year of the reign of our Sovereign Lord, King

George the Third, and in the year of our Lord, 1817, between

the undersigned Chiefs and Warriors of the Chippeway or

Saulteaux Nation, and of the Killistins or Cree Nation, on the

one part, and the Right Honourable Thomas, Earl of Selkirk, on

the other part. Witnesseth, that for and in consideration of

the annual present or quit rent hereinafter mentioned, the said

Chiefs have given, granted and confirmed, and do by these

presents give, grant and confirm unto our Sovereign Lord, the

King, all that tract of land adjacent to Red River and

Assiniboine River, beginning at the mouth of the Red River, and

extending along the same as far as the great Forks at the mouth

of the Red Lake River, and along Assiniboine River as far as

Musk-Rat River, otherwise called Riviere des Champignons, and

extending to the distance of six miles from Fort Douglas on

every side, and likewise from Fort Daer (Pembina), and also

from the Great Forks, and in other parts extending in the

breadth to the distance of two English statute miles back from

the banks of the said rivers, on each side, together with all

the appurtenances whatsoever of the said tract of land, to have

and to hold forever the said tract of land and appurtenances,

to the use of the said Earl of Selkirk, and of the settlers

being established thereon, with the consent and permission of

our Sovereign Lord, the King, or of the said Earl of Selkirk.

Provided always, that these presents are under the express

condition that the Earl, his heirs and successors, or their

agents, shall annually pay to the Chiefs and Warriors of the

Chippeway or Saulteaux Nation the present, or quit rent,

consisting of one hundred pounds weight of good merchantable

tobacco, to be delivered on or before the tenth day of October,

at the Forks of the Assiniboine River; and to the Chiefs and

Warriors of the Kinstineaux or Cree Nation, a like present, or

quit rent, of one hundred pounds of tobacco, to be delivered to

them on or before the said tenth day of October, at Portage de

la Prairie, on the banks of Assiniboine River. Provided always

that the traders hitherto established upon any part of the

above-mentioned tract of land shall not be molested in the

possession of the lands which they have already cultivated and

improved, till his Majesty's pleasure shall be known.

In witness whereof the Chiefs aforesaid have set their marks at

the Forks of Red River on the day aforesaid.

Signed, SELKIRK.

Signed in presence of Thomas Thomas, James Bird, F. Matthey,

Captain; P. D. Orsonnens, Captain; Miles McDonell, J. Bate,

Chr. De Lovimier, Louis Nolin, Interpreter; and the following

Chiefs, each of whom made his mark, being a rude outline of

some animal.

Moche W. Keocab (Le Sonent); Ouckidoat (Premier alias Grande

Oreilles); Mechudewikonaie (La Robe Noire); Kayajickebinoa

(L'Homme Noir); Pegawis.

As a matter of fact, the Saulteaux Indians, who were given precedence

in the above treaty, had no real claim to the lands on the Red River,

which were possessed by the Crees alone. This latter tribe afterwards

took great offence at this circumstance and made various threats to

recede from their covenant and claim their lands from the settlers.

These threats, however, were not carried out. Selkirk having in this

manner arranged all to his satisfaction, bade farewell to Red River,

and accompanied by a guide and a few friends, directed his course

southward across the frontier into American territory. He made his way

to New York and there embarked for England.

It has been remarked that his Majesty's commissioners flattered

themselves that in the formal and peaceful manner described, law and

order was to be introduced into the North-West.

It is true that the proclamation of the Prince Regent and the creation

of the commission of inquiry had quieted much of the turbulence, and

that all who came in contact with the recognized officers were ready

to submit to their authority; but it was by no means so in the more

remotely situated departments.

[Sidenote: Attack on Fort Vermilion.]

Governor Robertson, Semple's lieutenant, had delegated his authority

to Clarke, another ex-employee of the North-West Company. This trader

now sought upon Lord Selkirk's authority to penetrate, with an

effective force, and a quantity of merchandise, into the very heart of

the territory occupied by the North-Westers. One of Clarke's first

acts on arriving at Peace River was to attack Fort Vermilion, with the

design of acquiring a supply of provisions; but here he met with so

vigorous a resistance that he was constrained to beat a retreat

without having succeeded in his project. On the other hand, two

partners, Black and McGillivray, on the pretence that Robertson had

incited the savages to massacre some of their number, and that their

men would refuse to serve if an example were not made, took him

prisoner to Fort Athabasca, and there confined him during an entire

winter. There were numerous examples of the abuse of force and the

utter abandonment to lawlessness during this and the following year.

[Sidenote: Arrest of Nor'-Westers.]

Upon most of those Northmen named in the warrants issued at the

instance of the Earl of Selkirk, it had been impossible to serve

papers owing to their absence in the distant fur country. Williams,

Semple's successor as Governor of the colony of Assiniboia, was

consumed with a desire to effect the arrest of all those persons

himself. It is possible that he also wished to avenge the

incarceration of Robertson. Taking with him a number of De Meuron

soldiers and two pieces of cannon, Governor Williams departed to lie

in ambush for the North-Westers at a portage called Grand Rapids,

which spot it was necessary for the enemy to pass in order to enter

Lake Winnipeg. Beyond question, the North-Westers had no suspicion of

what was in store for them, inasmuch as the party did not arrive in a

large body, but in small detachments, and successively, often at an

interval of several days. As fast as they arrived, however, Governor

Williams and his soldiers were on the watch. It was new work to the

veterans, but they entered into it with a zest and spirit. The

North-Westers were seized and disarmed, being subjected to

considerable violence. Some were permitted to continue their route;

others were dispatched to York Factory, on the Bay. Here they were,

during many weeks, detained as prisoners and treated with scant

courtesy, up to the arrival of a certain British naval officer. This

was Lieut. Franklin, who was then about to undertake his celebrated

land voyage to the Arctic Sea. Franklin had in his possession several

letters of introduction to partners in the North-West Company. Under

these circumstances the consideration, not to say compassion, which he

evinced for the Hudson's Bay Company's prisoners was much in their

favour. McTavish and Shaw, two of the North-West partners, were

granted permission to return to England as passengers on the ship

which had brought Franklin, but the others were not so fortunate.

Duncan Campbell was sent to Canada, _via_ Moose Factory and

Michipicoten, and there placed at liberty. As to Benjamin Frobisher,

there was no accusation or warrant of arrest against him, but it was

felt that he should not escape punishment for his long hostility to

the Company, as well as for the violent and crafty resistance which he

had offered in the first instance to his arrest. Frobisher is

described as being a man of great strength and herculean stature. On

numerous occasions he had had the good or ill-fortune to come in

contact with the servants of the Hudson's Bay Company, and there were

many to testify that he had on such occasions not emerged with the

loss either of prestige or property. His whole ambition now, whilst

suffering from a severe wound in the head, was to escape from his

captors. The nearest North-West post was distant about five hundred

miles as the crow flies, but this circumstance had little restraining

power upon his project. Two of his French-Canadian companions,

Turcotte and Lépine, endeavoured to dissuade him, but without success;

and at length they consented to participate in the escape should it be

possible to elude the vigilance of their captors. They succeeded in

doing this on the 30th September; launched themselves in an old canoe,

into which they had stored some pounds of pemmican saved from their

rations, and so commenced their painful journey.

[Sidenote: Flight of prisoners from York Factory.]

For two whole months these three fugitives from York Factory travelled

through the wilderness. They suffered from cold and hunger, even

devouring the buffalo skins that the Indians had left suspended in the

trees as an indication of their route. At last the doughty Frobisher

arrived at such a state of weakness that he was fain to lie down

without further power of exertion. The trio were then not more than

two days' journey from Lac L'Orignal, near Lake Bourbon, where the

North-Westers had a post. Frobisher begged his companions, whose

greater power of endurance and devotion to their superior had led to

their carrying him on their shoulders, to leave him and seek

assistance. This they did, after having deposited their burden at the

side of a fire, and grilled a morsel of buffalo skin for his

nourishment. Four days later they reached the fort, and a search party

did not arrive on the spot until the 27th of November. Their eyes

were greeted by the corpse of Frobisher, partly burnt, and extended at

full length on the ground. Within his scanty clothing was found a

journal, which he had kept ever since his arrest at Grand Rapids, and

in which he had recorded his daily sufferings.[106]

After considerable delay the news of Frobisher's escape and subsequent

death was spread throughout the West. A courier arrived at Fort

William in hot haste with the news of the affair at Grand Rapids. The

utmost indignation prevailed. Many of the partners, fearing a descent

of the Hudson's Bay soldiery, left in disorder for Montreal. The

agents of the Company instantly addressed themselves to the Duke of

Richmond, then Governor of Canada, representing to him that if the

civil authorities did not interfere to compel respect for the orders

of the Prince Regent, the fortunes of the North-West co-partnery would

suffer a great and irreparable blow.

[Sidenote: Envoys of the Government enjoin peace.]

The Duke was then at Little York. He lost no time in dispatching one

of the officers of his suite, Major MacLeod, with a budget of

dispatches for delivery at the chief forts of the North-West. In these

he enjoined obedience to the laws. MacLeod was accompanied, at the

last moment, by Sir Charles Saxton. The envoys of the Governor reached

Fort William and pressed on to the Grand Rapids, where they learned

that Williams had raised the blockade of the river, and had left for

the Bay with his soldiers and prisoners. It was too late in the autumn

to follow them, so there was nothing left but to arrange to have their

dispatches forwarded to the parties in the interior, and to return

immediately to Little York. The alarm of the partners in Canada was

matched by that of their agents in London. They addressed themselves

to the Imperial Government, soliciting his Majesty's interference in

order to put an end to the outrages and lawlessness, as they expressed

it, of Lord Selkirk and the Hudson's Bay Company. They recalled that

they had often demanded that the rights of the Company should be

submitted to law, and warned the authorities that when their rivals

mocked the orders of the Prince Regent, it would be impossible for

themselves to confide their persons and their property to the

protection of an authority with a seat so remote and exacting, so

reluctant an obedience.

"What is to become of us," they demanded, "if we are to have no

protection for our servants in these wild regions of the North?"

"You have no right in these regions," was, in effect, the retort of

the Company. "They are vested in us by Royal charter, and the sooner

you apprehend this truth the better."

Whereupon the partners declared that if the Hudson's Bay Company or

Lord Selkirk continued to exercise illegal powers, which had for their

end the destruction of the commerce of their rivals, it was inevitable

that more bloodshed should follow. Such protestations had the desired

effect. The Government entered into correspondence with the directors

of the Company and ordered that they should exert themselves to the

utmost to prevent a repetition of lawlessness, else the consequences

must be on their own head.

[Sidenote: Trial of Semple's murderers.]

The trials which took place at Little York and at Montreal had been

very costly to both parties. Those relating to the Semple massacre

were not tried until 1818.[107] Application had been made to the

Governor-in-Chief of Canada in the previous March (1817) to have them

removed to Upper Canada, and this naturally caused delay, the

Governor judging it expedient to consult the Home Government in the

matter. A favourable reply was received on the 24th of October, and

warrants under the Great Seal were issued to try the cases at York.

The North-Westers were finally brought before the court, and

indictments found against them for participating in the affairs of the

11th of June, and the 28th of June, 1815; for larceny at Qu'Appelle

River on the 12th of May, and the Semple massacre on the 19th of June,

1816. It surprised nobody in Canada that the jury in each case brought

in a verdict of not guilty, however it may have astonished the British

public.

McGillivray, who had been waiting two years for trial, and now finding

the further indictments abandoned, caused Lord Selkirk, Miles

McDonnell, and eighteen others, to be indicted for the part they took

in the capture of Fort William. The Earl had also several civil suits

entered against him, one of which was by William Smith, the constable

whom he ejected from Fort William, "taking hold of him and pushing him

out of doors, and afterwards keeping him in close custody in the fort,

under a military guard." The constable got a verdict of £500 damages

against the Earl. Daniel McKenzie also entered suit against Lord

Selkirk, and received a verdict of £1,500.

[Sidenote: Prosperity at Red River.]

Whilst these various proceedings were in progress, the Red River

colony was struggling against adversity. In the winter of 1817 they

were forced to resort again to Pembina, owing to a scarcity of food.

The next year, when a considerable area of land had been planted, and

followed by a favourable summer, the July sky suddenly darkened, and a

cloud of grasshoppers descended upon the earth. Every green thing

perished before them. In greater despair and wretchedness than ever,

the colonists again migrated across the border. The same disaster

occurred in the ensuing year, and if it had not been for the bounty

and care of the Company, many would have perished. It was not until

1822 that the Red River colony, now recruited by French, Irish,

German and Swiss, as well as Scotch settlers, began to take on a

flourishing condition; but the news of this prosperity was not

destined to reach the ears and gladden the heart of its founder.

Selkirk had reached England disheartened, and with a well-founded

grievance against the Canadian authorities, who, he declares, and with

justice, had not accorded him the encouragement to which he had a

right; and against the Canadian tribunals, from whom it had been

impossible to obtain justice.

The health of the Earl, shattered by the anxieties and episodes which

have been recorded, rendered it necessary that he should seek repose

in the south of France. But his ailment was mortal. He breathed his

last at Pau, in the month of April, 1820, surrounded by his wife and

children, leaving behind him many friends, and numerous admirers of

his intellectual qualities and his courage. The Great North-West of

to-day is his monument.

The death of its principal Adventurer strengthened, on the part of the

Company, the sentiment for peace; and by removing the chief obstacle

hastened an amalgamation of interests of the rival traders. None then

could nor can now but perceive, if they examine the situation broadly,

that the complete annihilation of the North-West Association was a

mere matter of time. None recognized this more than their agents in

London, who had repeatedly made overtures to Lord Selkirk for

amalgamation, but which were by him rejected as often as made.

To Edward Ellice, a leading partner, an enterprising merchant, and a

rising parliamentarian, belongs the chief credit of bringing about

this union. This young man was the son of Alexander Ellice, a wealthy

London merchant, and himself directly interested in the Canadian

fur-trade. In 1803, when a lad of but fourteen, young Ellice had gone

out to Canada, and animated by a love of adventure, had entered into

the life of a trader, under the auspices of his father's friends.

Ellice was quick to grasp the tendency of affairs. The terrible

struggle of recent years made by the Northmen had told severely upon

them.[108]

[Illustration: SIR GEORGE SIMPSON.]

The partners met at Fort William, in July, 1820, and a stormy session

served to reflect their vexed plight. Dissensions exhibited

themselves; the minority, at least, felt that in their London

agents--Ellice and the McGillivrays--coming to terms with the Hudson's

Bay Company, lay their only hope of salvation.

[Sidenote: Union of the two Companies.]

Without, however, consulting the powers at Fort William, these agents

in London were acting on their own account. Conferences with the

Chartered Adventurers took place daily. By the time the partnership

between the Northmen themselves expired, in 1821, the negotiations had

attained the form of an agreement. Delegates had been sent from Fort

William to confer with their English representatives as to the future

of the interests of the North-West Company. Ellice received them

cordially in his office in Mark Lane and showed them an instrument

which he called the Deed Poll. This document bore the names of the

Governor, Berens, and the Committee of the Honourable Hudson's Bay

Company, on the one part, and the McGillivrays and Ellice, on the

other. The astonished delegates gazed upon the signed and sealed

instrument, and recognized that the North-West Company had ceased to

exist. "Amalgamation," cried one of them, "this is not amalgamation,

but submersion. We are drowned men."

A coalition and partnership had been agreed upon for twenty-one years,

on the basis that each should furnish an equal capital for conducting

the trade. This Deed Poll, which bore date of March 26, 1821, provided

that the expenses of the establishment should be paid out of the

trade, and that no expense of colonization or any commerce not

directly relating to the fur-trade, was to fall upon the Company.

The profits were to be divided into one hundred equal parts, of which

forty were to be shared between the chief factors and chief traders,

according to profit and loss. If a loss should occur in one year on

these forty shares it was to be made good out of the profits of the

year ensuing. A general inventory and account was to be made out

annually on the 1st of June. If profits were not paid to any parties

within fourteen days of that date, interest was to be allowed then at

the rate of five per cent.

When the Deed Poll was signed, it was stipulated that twenty-five

chief factors and twenty-eight chief traders should be appointed, to

be named in alternate succession from the Hudson's Bay and the

North-West Company's servants. Both were placed on an equal footing,

the forty shares out of the hundred being again subdivided into

eighty-five shares, in order that each of the twenty-five chief

factors should receive two (or 2/85ths), and each of the chief traders

one of such shares. The remaining seven shares, to complete the

eighty-five, were set apart for old servants, to be paid them during a

term of seven years.

[Sidenote: Plan of union.]

The chief factors were to superintend the business of the Company at

their respective stations, while the chief traders under them were to

conduct the commerce with the Indians. The third class was the clerks,

who were promoted to factorships and traderships, according to good

conduct and seniority, but whose clerical salaries ranged from £20 to

£100 per annum. The chief factors and traders, who wintered in the

interior, were granted, in addition to their share of profits, certain

personal necessaries free of cost. They were not, however, permitted

to carry on any private trade on their own account with the Indians.

Strict accounts were required of them annually. The councils at the

various posts were empowered to mulct, admonish or suspend any of the

Company's servants. Each year three chief factors and two chief

traders were granted twelve months leave of absence. A chief factor or

chief trader, after wintering three years in the service might retire,

and hold his full share of profits for one year after so retiring,

with half the share for the four succeeding years. If he wintered for

five years, he was granted half profits for six years on retiring.

Retirements of chief factors and chief traders were made annually by

rotation, three of the former, or two of the former and two of the

latter. The heirs of a chief factor or chief trader who died after

wintering five years received all the benefit to which the deceased or

himself would have been entitled had he lived, or in proportion

otherwise. Everything was thus regulated, provision was effected for

everything. The Northmen, rough, enterprising, adventurous, as many of

them were, found themselves part of a huge machine, operated with

sleepless vigilance of a governor and committee in London. As for the

profits, they were to be estimated after the entire expenses, both in

London and the fur country, were deducted. They were then to be

divided into fifths, of which three-fifths went to the proprietary and

two-fifths to the chief factors, chief traders and clerks, who were to

be thenceforward known as the "fur-trade" or the "wintering partners."

No wonder that many of the Northmen were constrained to cry out, in

the language of one of their number[109]: "Alas, the North-West is now

beginning to be ruled with an iron rod!"

FOOTNOTES:

[106] Benjamin Frobisher was a native of York, England.

[107] At the trials at York in October, 1818, Sherwood, the North-West

Company's counsel, continually demanded to know why Semple was called

governor. "Why," he exclaimed, with ludicrous energy, "why should this

gentleman be continually dignified by the appellation of governor? The

indictment charged that Robert Semple was killed and murdered; it said

nothing about his being a governor. If he was a governor, then he was

also an emperor. Yes, gentlemen," shrieked the counsel, working

himself up to fever heat, "I repeat, an emperor--a bashaw in that land

of milk and honey, where nothing, not even a blade of corn, will

ripen. Who made him governor? Did the King? Did the Prince Regent? No;

this pretended authority was an illegal assumption of power,

arrogating to itself prerogatives such as are not exercised even by

the King of England. I demand that Robert Semple be called Robert

Semple--but as he was not a governor let us not be ----"

"Come, come," cried Chief Justice Powell, "do let this trial go on! It

is no matter whether he was or was not a governor, or what he was

called, or called himself, he is not to be murdered, though he was not

a governor."

[108] "Ses postes," says Senator Masson, "avient été pillés et

devastés; ses exportatiors considerablement sédintes." On the other

hand, he adds, these losses were partly compensated for by the high

prices secured in England for their furs.

[109] Wentzel.

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