Report on the Boundaries of the Province of Ontario

of Sieur de Tracy, Our Lieutenant-General in America, and of Courcelles, Governor and Our Lieutenant-General in Our said Countries of Canada; to judge sovereignly alone in civil matters, and to order everything as you shall see just and fit, confirming from this present time, as well as then, the judgments which shall be rendered thus by you, in the same manner as if they had issued from our Sovereign Courts, all exceptions, citations (prises à partie), edicts, ordinances and other things to the contrary notwithstanding. We will, likewise, that you superintend the direction, management and distribution of Our funds destined, and hereafter intended, for the support of the military; also of the provisions, ammunition, repairs, fortifications, contingencies, loans and contributions which may have been, or may be for the expenses therein, and other disbursements which shall be made there for Our service; to verify and adjust (arrêter) the statements and ordinances thereof, which shall be expedited by Our Lieutenant-General-in-Chief, and, in his absence, by Our other Lieutenant-Generals, to the payers whom it shall concern; to cause to be reported to you the rolls and musters, to check and register them; and in all the above circumstances and appurtenances, to do and order what you shall deem necessary and expedient for the good and advantage of Our service, and what will relate to the duty and exercise of the office of Intendant of Justice, Police and Finances in Our said Country.

The honours, powers, authorities, prerogatives, pre-eminences appertaining thereto, We intend that you enjoy, with the appointments which shall be ordered you by Us; to do which We give you power, authority, commission and special order; We command the said Sieur de Tracy and de Courcelles to place you in the enjoyment of the effect and contents of these presents; We order the officers of the Sovereign Council and all others our officers, justices, subjects, to acknowledge, hear and obey you in said quality, to assist you and lend you efficient aid, and prisons if necessary, for the execution of these presents; for such is Our pleasure.

Given at Paris, the 23rd day of March, in the year of Grace, 1665, and of Our Reign the 22nd.

LOUIS.

By the King,

D'LIONNE.

[And sealed with the Great Seal in yellow wax.]

CIRCUMSTANCES ATTENDING THE RENEWAL OF THE HUDSON'S BAY COMPANY'S CHARTER, FOR SEVEN YEARS, 1690.*

It being alleged in the Committee, that the Company's charter was confirmed by Act of Parliament, the Lords and Commons Journals were inspected; in which it appeared, that in 1690, the Company, sensible that they had no legal title to their monopoly, petitioned the Commons for a bill to confirm their charter, upon account of the great losses they had sustained from the French, and their having no right to restrain English interlopers. Accordingly a bill for a perpetual confirmation was brought into the House; but upon a petition against the bill from the furriers, and afterwards from the Northern Colonies of America, some of which came too late to be heard, at the third reading a rider was proposed, to make it temporary; and upon a division, whether for seven or ten years, it was carried for the latter; but the Lords returning it amended, by inserting seven years instead of ten, the Commons agreed to the amendment, and passed the bill. The Commons, however, to prevent their being surprised into such an act for the future, came to a resolution, which was made a standing order of the House, that no petition should be received for confirming any charter, unless the charter itself was annexed to the petition.

* From Sessional Papers, English House of Commons, ordered to be printed 23 April, 1849. No. 227.

JOINT OPINION OF THE ATTORNEY AND SOLICITOR-GENERAL, SIR DUDLEY RYDER AND SIR WILLIAM MURRAY, ON THE HUDSON'S BAY COMPANY'S CHARTER, 1748.*

To the Right Honourable the Lords of a Committee of His Majesty's Most Honourable Privy Council.

May it please your Lordships :

In humble obedience to Your Lordships' Order in Council of the 4th of February last, representing that by an Order in Council, bearing date the 26th day of January last, there was referred to Your Lordships the humble petition of Arthur Dobbs, Esq., and the rest of the Committee appointed by the subscribers for finding out a passage to the Western and Southern Ocean of America for themselves and the other adventurers, and that Your Lordships having taken the said petition into consideration, were pleased to refer the same to us to consider thereof, and to report our opinion thereupon to Your Lordships.

Which petition sets forth that the petitioners in the year 1746 did at their own costs and charges fit out two ships upon an expedition in search of the north-west passage to the western and southern ocean of America, in order to extend the trade and increase the wealth and power of Great Britain by finding out new countries and nations to trade with, as well in the great north-western continent of America, beyond Hudson's Bay, as in countries still further distant and hitherto unknown to the Europeans, and also to many large and populous islands in that great western ocean.

That the petitioners, by means of the said expedition, have made several discoveries of bays, inlets, and coasts, before unknown, and have a reasonable prospect of finding a passage to the Southern Ocean by sea, although the discovery may not be perfected without repeated trials, upon account of the difficulties and dangers of searching different unknown inlets and streights, and sailing through new seas, and of procuring men of resolution, capacity, and integrity to pursue it effectually.

That the petitioners find that the reward of £20,000 given by Parliament is not adequate to the expense the adventurers must be at to perfect the discovery, they having already expended above half that sum in their late expedition.

That the petitioners find that upon a former attempt His Majesty's predecessor, King Charles the Second, as a suitable encouragement granted a Royal Charter to the Governor and Company of Adventurers of England trading to Hudson's Bay, making them a body corporate forever, upon their petition setting forth that they had, at their own proper costs and charges, made an expedition to discover a new passage into the South Sea, and for finding some trade of furs, mines, and other commodities, and gave them the sole property of all the lands they should discover, together with an exclusive trade to all the countries within Hudson's Streights not in possession of any of his subjects, or of any other Christian power, with the royalties of mines, minerals, gems, and royal fish, to enable them to find out the passage, extend the trade, and to plant the countries they should discover, paying two elks and two black beavers whenever and as often as His Majesty and his successors should enter their territories, granting to them the greatest privileges as lords proprietors, saving only their faith and allegiance to the Crown of Great Britain.

The petitioners beg leave to observe that the said Company have not since effectually or in earnest searched for the said passage, but have rather endeavoured to conceal the same and to obstruct the discovery thereof by others; nor have they made any new discovery either upon the coast or in the inland countries adjoining to Hudson's Bay since the grant of their charter, nor have they taken possession of or occupied any of the lands granted to them, or extended their trade into the inland parts of the adjoining continent, nor made any plantations or settlements except four factories and one small trading house,

*That portion only, of this opinion, which appears in Forsyth's "Constitutional Law," having been printed in the proper section, p. 193, ante, and the full text having since been found, it has been thought well to give it here in extenso. It is from the Report of the Parliamentary Committee, 1749, Appendix [E.]

in all which they have maintained in time of peace about one hundred and twenty persons, servants to the Company, nor have they allowed any other of his Majesty's subjects to plant, settle, or trade in any of the countries adjoining to the Bay, granted to them by their charter, yet have connived at or allowed the French to encroach, settle, and trade within their limits on the south side of the Bay, to the great detriment and loss of Great Britain.

That the petitioners being desirous to pursue the discovery of the passage to the Southern Ocean of America by land or by water, will engage not only to prosecute the same until it be thoroughly discovered as far as practicable, but also to settle and improve the land in all the countries on that northern continent, by making alliances with and civilizing the natives, and incorporating with them, and by that means lay a foundation for their becoming Christians and industrious subjects of his Majesty, and also extend the British trade into the heart of that northern continent around the Bay, and into such countries as they may discover beyond it in the Western Ocean, and to use their utmost endeavours to prevent the French encroachments upon the British rights and trade in that continent.

In order, therefore, to enable the petitioners to prosecute and bring to perfection so valuable a discovery, and to civilize the natives and settle the lands without loss of time, and that the trade and settlement of such extensive countries may not be longer delayed or perhaps for ever lost to his Majesty and his successors by the encroachments of the French,

The petitioners most humbly pray that his Majesty would be graciously pleased to incorporate the petitioners and the other subscribers for finding out the said passage, or such of them and such other persons as they shall engage in the said undertaking, and their successors for ever, and grant to them the property of all the lands they shall discover, settle, and plant in a limited time in the northern continent of America, adjoining to Hudson's Bay and Streights, not already occupied and settled by the present Company of Adventurers trading to Hudson's Bay, with the like privileges and royalties as were granted to the said Company, and that his Majesty would be pleased to grant unto the petitioners, (during the infancy of their settlements,) an exclusive trade, for such a term of years as may be granted to discoverers of new arts and trade, to all such countries into which they shall extend their trade by land or by water, not already granted by Act of Parliament to other companies, reserving to the present Company of Adventurers trading to Hudson's Bay all the forts, factories and settlements, they at present occupy and possess, with a reasonable district round each of their possessions and factories; or that his Majesty would be pleased to grant the petitioners such other relief and encouragement as to his Majesty in his great wisdom should seem meet.

We have taken the same into consideration, and have been attended by counsel both in behalf of the petitioners and the Hudson's Bay Company, who oppose the petition as it interferes with their Charter.

The petitioners insisted on two general things: that the Company's charter was either void in its original creation, or became forfeited by the Company's conduct

under it.

That the petitioners have by their late attempts to discover the North-West Passage and Navigation in those parts merited the favour petitioned for.

As to the first, the petitioners endeavoured to show, that the grant of the country and territories included in the Company's Charter was void for the uncertainty of its extent, being bounded by no limits of mountains, rivers, seas, latitude or longitude, and that the grant of the exclusive trade within such limits as there were, was a monopoly, and void on that account.

With respect to both these, considering how long the Company have enjoyed and acted under this charter without interruption or encroachment, we cannot think it advisable for his Majesty to make any express or implied declaration against the validity of it, till there has been some judgment of a Court of Justice to warrant it; and the rather because if the charter is void in either respect, there is nothing to hinder the petitioners from exercising the same trade which the Company now carries on; and the petitioner's own grant, if obtained, will itself be liable in a great degree to the same objection.

As to the supposed forfeiture of the Company's Charter by non-user or abuser, the

charge upon that head is of several sorts; viz.: That they have not discovered nor sufficiently attempted to discover the North-West Passage into the South Seas or Western Ocean.

That they have not extended their settlements through the limits of their Charter. That they have designedly confined their trade to a very narrow compass, and have for that purpose abused the Indians, neglected their own Forts, ill-treated their own servants, and encouraged the French.

But on consideration of all the evidence laid before us, by many affidavits on both sides (herewith enclosed), we think these charges are either not sufficiently supported in point of fact, or in a great measure accounted for from the nature or circumstances of the

case.

As to the petitioners' merit, it consists in the late attempts made to discover the same passage, which, however, as yet unsuccessful in the main point, may probably be of use hereafter in that discovery, if it should ever be made, or in opening some trade or other, if any should hereafter be found practicable; and have certainly lost the petitioners considerable sums of money.

But as the grant proposed is not necessary in order to prosecute any future attempt of the like kind, and the charter of the Hudson's Bay Company does not prohibit the petitioners from the use of any of the ports, rivers, or seas included in their charter or deprive them of the protection of the present settlements there, we humbly submit to your Lordships' consideration whether it will be proper at present to grant a charter to the petitioners, which must necessarily break in upon that of the Hudson's Bay Company, and may occasion great confusion by the interfering interest of two companies setting up the same trade against each other in the same parts and under like exclusive charters. which is humbly submitted to your Lordships' consideration.

All

August 10th, 1748.

D. RYDER,
W. MURRAY.

REPORT OF THE COMMITTEE APPOINTED TO ENQUIRE INTO THE AFFAIRS OF THE HUDSON'S BAY COMPANY. 1749.*

EXTRACTS FROM THE EVIDENCE OF WITNESSES.

JOSEPH ROBSON :-"Thinks that the beavers which are brought down to the Company are refused by the French from their being a heavy commodity; for the natives who come to trade with the Company dispose of their small valuable furs to the French, and bring down their heavy goods to the Company in summer, when the rivers are open, which they sell, and supply the French with European goods purchased from the Company."

RICHARD WHITE :- "The French intercept the Indians coming down with their trade as the witness believes, he having seen them with guns and cloth of French manufacture; and that an Indian told him there was a French settlement up Moose River, something to the southward of the West, at the distance, as the witness apprehends, of about 50 miles... The French deal in light furs, and take all of that sort they can get, and the Indians bring the heavy to us. Sometimes the Indians bring down marten's skins, but that is when they don't meet with the French; but he never knew any Indians who had met the French bring down any light furs... The French settlement on Moose River is on Abbitibis Lake...The trade might be further extended by sending up Europeans to winter among the natives, which, though the Company have not lately attempted, the French actually do."

ROBERT GRIFFIN: -"The French intercept the trade; to prevent which the Company some time ago built Henly House, which did in some measure answer the purpose;

*Report from the Committee appointed to enquire into the state and condition of the countries adjoining to Hudson's Bay, and of the trade carried on there, together with an appendix. Reported by Lord Strange, April 24, 1749. (pp. 216, 218, 226-7, 234.)

but if they would build further in the country it would have a better effect. The Frenchwent there first and are better beloved, but if we would go up into the country the French Indians would trade with us.'

ALEXANDER BROWN:-"The French intercepting the southern Indians, and by that means obtaining the valuable furs... Has been informed by the Indians that the French Canadese Indians come within six score miles of the English factories...The French Indians come to Albany to trade for their heavy goods... Has heard Mr. Norton [the Governor] say that the French ran away with our trade... If the trade was opened the French would not intercept the Indians, since in that case the separate traders must have out-factories in the same manner the French have, which the Company have not; and being asked "In case those out-settlements were erected, whether the same trade could be carried on at the present settlements?" he said "That was impossible, but the trade would be extended, and by that means they would take it from the French. That if these settlements were near the French they must have garrisons to secure them against the French, and the Indians who trade with and are in friendship with them, (whom he distinguished by the name of French Indians)...He heard the Indians tell Governor Norton, in the year 1739, that the French had a settlement at about the distance of 100 or six score miles from Churchill, which had then been built about a year, and contained 60 men with small arms...... That the witness was informed by an Indian and his whole family that this settlement was upon Seel River, which was navigable up to it for canoes. WILLIAM WANSEY:-" Has been told the French draw the Indians from Hudson's Bay......The creating settlements up in the country would be the most proper method to increase the trade."

EXTRACTS FROM THE APPENDIX TO THE SAME REPORT.

No. IX.

AN ACCOUNT OF THE NAMES OF THE HUDSON'S BAY COMPANY'S FORTS AND SETTLEMENTS IN THE BAY SITUATED IN OR NEAR THE FOLLOWING Latitudes:

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AN ACCOUNT OF THE NUMBER OF SHIPS AND THE BURDEN OF EACH EMPLOYED IN THE HUDSON'S BAY COMPANY IN THEIR TRADE TO THE SAID BAY FOR TEN YEARS LAST PAST, DISTINGUISHING EACH YEAR.