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Lorsque le document est trop grand pour etre reproduit en un seul cliche, il est film6 d partir de Tangle supdrieur gauche, de gauche d droite, et de haut en bas, en prenant le nombre d'images n^cessaire. Les diagrammes suivants illustrent la mdthode. 1 2 3 1 2 3 4 5 6 MICROCOPY RESOLUTION TEST CHART (ANSI and ISO TEST CHaRT No. 2) "^ IIIM ■ 5.0 ""^^ i" IIIM It 13.6 Ui 14.0 1 2.5 1 2.2 2£ 1.8 1.25 111111.4 1.6 ^ ^PPLIF'-n ifvHGE •el 165J Eost ms^^il;., ' , '«09 USA (/16) 48. - . - I-,, one (716) 288 - 6989 - Fa» NOTICES •* THE CLAIMS «« The Hudson s Bay Company, AN» THE CONDUCT ll im^i I OF IT» ADVERSARIES. « THK ADVERSARIES WERE THE CHIEF. THE ENEMIES f e&t.vblislied authority, liiat the succc&s which has att^ iidrd the atleiiDtb a"i'.in3t the lives ol the colonists, bhould aotexiLad to tiie atljnipts agutiist the rr^^lus nicer v.hich the- culoiiy waa founded. The object of these pages is therefore, in the first plare, to suggest some considerations respecting the validity of the Hudson's Iky Charter, and the extent of tha rights, particu- larly as to territory, which it must be understood to convey; in the ne.a, to show the absence of any claim cr title or. the part of the Noith West Company, to nold possessions in the Hudson's Bay tejritorics, or even in the Noith West or In- dian Territories, without the limits of the Iludaoi/s Bay- Char er ; and lastly to give a succinct account of the esta- ■?)li8hmoDt, and destruction ol the Colony at l\«l River. The a I 3 ] The King! of Great Hritain havo. for centuries, in oui- mon with the other Sovereigns of Kuuipe, exercised the rit;,ht of Granting Territories for the esubhshmcnt of Colonies and Plantations. The prerogative of the Crown of luigland, aU ready so restricted and limited, that Us further reduction, \vould be vievvud by tliose who feel an interest in the tup- port of establisihed governments with greater A.'.riu than its flxtcntion, lias in this point never been contuted, aud is fiiunded upon, as well as sanctioned by the law and p:.;oi:ce of nations. Under this branch of the prerogative, raore li.:.: been done tawarda extending British insiifilians, hws, a;;! language, than conquests could have eftected ; bcundl^rs f jr- Q8ts have been tiansformed ii:to cultiviiteil coumrius, 8.'/ ■" wastes have been (iUed with popjlation, a.xfl iliu E:«tl!* (! » ..I social habits of civilised life iiuve b-ren EuLstitats-l C.-.r tie wild and wandering Cv;r.ditiun of tlie c^vaj^e. In 1670, the King of Great Britain by Grant or Ci:,i:l'T, establiabeda new colony or plantation as hai! frequently wu\ done by his predecessors in the case of several of the col;n-t?, now the I'nited States of America This Grant was uiaiio in favor of Prince Rapsrt.the Duke of Albtruul,-, the Karl of Craven, the Lords .Vrlington, Ashlej, and i; . ; t»therc-, who with their successors, v;ere, by the C:;,irler, r,ii:stituied a Company by the name of the " Company uf .'uhaiturers vf England trading hitj Iludua's Rai/." The Territory com- prehended in this gra:.t ta :h? c«r:;!)auy and th.ir HiccL-ss^rs was h i'a I ^t** I G ] ^:v >fe wu^ »,v *|,e cJiflitfr (Jeclared to be one of His MnjeHfn C(v Jof.ic« .,r I'lnr ttuions jn Amcr.ru, to bt ralUd " llupert*. L«:. • win n are jJiUitled to the fii-nominuiinii of " pimciple* ," ;l.e luor. ro jjuent subjects of contest c;.nc in only their Hpilicutiin. but pn this position, dignilied with the appelluio'i if 4 " princi- |>lo," it may be observed, ihul thf onl\ judic ui *<\ inion f\t-r given bv Knghsh Courts on such a subject, d-clari'l .1 i-Mnt of oxclus've trade by the crown to bt l.gal. i'nis i'|.!,„i,n, it It true, was given by Chief Justice Jeifenes, and may not, therefnie, be considered as entitled to xucii authority us opi- hions drawn from other sourcei might obtain ; but it must here be rfiniarked, and the observation will In- conclusivi? with respect to th? pretentions oi' the Iludsons' i5ay Compa* fly, even were the above in. nti-ne! ji'di-i.il opinion idaiit* ted to be erroneous, — th tt wher-- a gr lOt of soi! i3 m^dc ul the aanrae time with a ^.rant of e\chi ive hade, the right of the crown to confer thf? latter priviledye becomes rather ;; qiies* jtinn of curiosity tlian of utility ; because by the grant of the ,8oil alone, the propnet ir becomes legally entitled to exclude all othf-rs fro n .my enaar.cc upon, cr any eatabli'slinjents within it. If t"; '. King's authority .si; M not be conn Ju red to entitle him to prohibit to any individuals the exercise of any lawful occupation upon their ov;« domains, because tuck prohibition might be thought a restraint upon their hborty, j»compatiblo with the fieedcm of oar l>tW8, the rovi-1 pre- ri'gilive' » U i i » ] l"^ n !\)^at;ve unqiiesiiouabSy craeads to the ibunJj.ig of ColonieLi a.ui I'lanta:i.>n6, anti to ihe granting of Lanrij and Terriu^ Ti:s : und upon ,vexy euch exercise of the royal prerogative, the right of entering into, or of reinuini,,. witb.n the lin.iu of the Grani, i* vested legally and solely n, the Grantees, to the excbaion of the other subjects of his Majesty, for whom it would not be possible to carry on a trade in a cojntry iu« to which they were, neither entitled to enter nor remain. That part .f the Ilu^Jaons li.y Company's Charter which conveys ti:e g.ant of the trade aad o.ntry, is in the worde i«110v;ing :~" We hav. given, grained, and c U I'f B (bsir * \ I 7 N f 10 ] their territory, without which the means of carrying oi « comme.ce there could not legally exist. With respect to the second point, the linrts of the I'ud- son'. I.Hv frritory, sonrie ha^e laid it down as a ,ule, which they have also dignified with the name of a " priaciple," that the king could not grant a territory, wb^ch at tne time of the gr.nt Ui.nged to and was in ihe unijnurhed occupancy of the su^>jects .f another Sovereign. It would be useless to make any obsarvations on such a p.,siti.,n, unt.l it be shewn how a w.U «pply to tl.e teiritory granted in 167O Ly the Hudson'. Bay Charter. It has indeed been said, that the turrit -,ry was claimed by F.ance ; but it will „.t surely be in-' 8i.ted that a!l Uut has been claimed by France, therefore be- longed to Frarce. or was in its actual p.s.e,5i.„. It has been related that tw. French Travellers. Mr. IJades.on and I)e Grozeiliers, we.e the first who approached Hudson', Bay by Land ; and after visiting the country, these persons re- turned to France, with an account of .hnr (discoveries, which were considered of so little estiamtion there, as to produc. no strps towards the occupation of the country. Funding themseU.. and their enterpizes thu. reglrcted in France, il is related th.t these g. nll.men travelled to England, whl.e their representations proved more effectual than they had dune in their own countrj , and were the cause of an Kxpedj, tion bei.g fit.rd out for Hudson's Bay, under one Gillam, who erected t'^e fir«t Fort i, that country, and gave occasioa t« the Oruni .f the Ikds«Js Bny Charter ibelf. Even if this in] thrs ralation were perfectly founded in ,1 t a is scarcely to be sujjp ,sed that any one should be so djsiruas of extending Fieach domination ^s to insujuate, t^at becms? two l\nnch Genthra'D travilkd thnxiili a ctuntrj?, u tl.erefore becfctOie the propertjr of Iraflce. But, in truth, a ver- •ign. would be ferfertly idle, since if such a right u.idei any fircu 71 stances could be supposed to exist, it was not on this occasion exerted. The Charter, as appears from the extract already given, grants only such of the lands within the de- fined limits as were not then, to wit, in l6'70, " actunllti pot- " sesitd bit, or granted to English subjects, or possessed by the " auiijectt of ant/ other Christian Prince or State." In three xnf>des tl.erefore, Lut in three modes only, it may be shewn, that the territory to the south of Hudson's Bay has not oeen conveyed by the Charter. One is, that it was in 1*50 pos.. sessed by or granted t> English subjects ; u second is, that it was possessed by the subjects of some other state ; and a third is, that by fair and leg il interpretation, it corld not be comprehended within the liniiis of the Grant. It has nevsr teeij pretended, and it cannot be asserted with truth, that eny part of the country in question was granted to or legally possessed by any English subjects prior to tlie date of the Charter. The second c;n!se of exception, to wit : the pog- jsessim of the subjects of s inie other s^tate is r^xt to be con- |id«red. In this case as in others of a similar nature, by the B 3 ternj '/I 14 , ^.—^ijjhjji^ i^-w4ifa»,^S9>«i_ ^ ii ( ^f term « poswssed." an actual permanent and honaji.k cccu- pancy must be under8to.,d to be meant, and n.t merely a fie taiou. or emblematic possess.on. or a delay in transUu, on a tradmg journey or a voyage of discovery. And the best h.s- tor,es of the times, the sole authonti -s to which on such a •ubject we can refer for mformation entitled to credit, con- tain oo mention of any actual or permanent establishments or occupants of land in i670, or berore that period uUhin aa "nmen.e distance of any part of the territories ever claimed by the Hudson's Bay Company. On the cntrary. their earliest mention even trading journies into those couniries is of a date much subsequent to that of the Charter. It is related by those who are inclined to contest the va- l>CUy of the Charter, that a Beaver Company was formed « Canada in I63O, who traded to the " interior" for peltries If the boundaries had been defined which circumscribe that uncertain country alluded to. under the ambig.ous denomina. t.on of the '. interi ,r," the statement would have been more clearly understood ; but if it be intended to import that the Beaver Company formed in 1630 (aj traded into the Hud- son's Bay territories, the assertion would only be entitled t. "d'cule. Quebec was tak.n by the English under Kirk commonly called Sir David Kirk, and the government of the' Col<.ny was in 1630. in th • hands of his brother Lewis Kirk, and so remained until 1632 when it was restored to France' (a) See d.e opinion of Afe.srs. Rgo.t, Spanl^and Drot^ prmied at tLe end of this publication. I i 13 J by the treaty of St. Germain? (bj. At the time Quebec •urrenrlered to Kirk the number of the coloiiists scarcely ex- ceeded those of Red River at the period of tDejr last expul- sion and massacre by the North West Company in 18j6\ The colonists at Quebec, when Kirk Hppeared btfore the place wtre engng^d iu hostilities > ith the Indians, and were in extreme distress for want of the absolute netecsiries of life, so that the sammons to surrei. ler was hailed a? a deli- verance from farnine aud danger. Under these circurastan- ces no person could hesitate as to the credit due to accnunts of their forming Heav-r Companies, ard makint/ establibh- meats Lr trade in distant and uiic.-iplo.ed regions. That asBociatiors for the beaver fad' were formed in Canada both before and after the year l6..a, w,.i!ld, however, be sufficiently proba'ls, benu^.e the p ovinoe was originally granted to a society of Mei chants, and the Commerce of Peltries was the earliest occupation of its inh:tbi',ant8. But were it granted that such absociations di-l vxist, vihat infer- ence could be drawn from the conresiion? Not saiely that such associations had traders, and posse sio.is in tiie territo- fics comprehended by the Hu.Jsou's U^iy Charter. It ap, pears from the history of Father Charlevoix and Ilr^nnepin, whose inclination would ba^e certainly !vd them to give as much extension to the progress of the scatteied possessiuns of the French in North Amtrici as the truth would war- rant, that foz some years afier the date of the Charter, the French '» * •' 1 ! ( I i 4 it (b) See Mod. Univ. Hist. vol. SO, p. 4S;3, 4, k f r u 3 Pr.ncf, ^ad no est.bli.h ,d trading poatj evm ., f.r as Lake Superior, wlncL ,e, f u disiaui from an^ b undary ever assign- ed to .he Ilujsou's Hay terntorieg. The very year after the charter, and probably i. consequence of the alarm which that measure cxcUe.J, officers were » ..t i cm Qutbec f tuke at r,nu» „r .ctit.us possession of th. country about Ukt Superior, an'l to establish a correspondence «ith ihe- rative.n I'nt.i verj many y-are af,er this, th. French ne- ve. had any esubh. : ed possession i. lluL-on's P.ay, or o» any?..f tne waters which run uUo it. unl,-ss th.t dcnonwnati.. be t'jven to the eu;bkr.iat,cal possession usually taker, by Be.rne. v.he„ :iew dis.oven.s are m:.,le, by planting a post and set:,ng up ih. ara.s of the Sovereign ; but as has bee« already ob,crvea, ti:e tern.s f the cbarrer inply actual occb- pancv. and s e.n to h.-e b..n r.serteJ expressly to exclude this species of ficUiious pctse.sion. From eveiy source, therefore, f oai wbich credible author- ity can be obtained on the s.bj .ct, it >s ...parent, that " the, « po^sessons of ,he a:! Jens .f air. ot'.er Christian Prince *' or State at the Jate of ,h • C|...rter.- cannot be urged to re- duce the extent of tl.e gr.,M to the Hudson's Hay Company. And no subsequent occt.p..cy by .ny Furopean subjects, if Euch occupancy h.s ..xi.vd, can h on iriered to have divest- ed the Hudson's IJay Coaf^ny of ary portion of their ori- ginal claio. ; because no express peui.ission or grant of nny goxermnf has authorised its tuljects to Jiold lands .n the territories 1^ [ li 3 territories in question, while on the other hand, all estiiblish- ments tht^rein, except under the sanction of the Company, ha^-e been expressly p.ohibited to Bjitish and other subjecCB, fcy vaiiuus and repeated uiterdicjons. The tw.) fi->tand triv..l. us gro-.uKs upon which it has been attempted to lessen the exJent of the grant to the liud- tor.'s Bay Coni|.any having been sufhcirntly examined and exposed, it remains for us to consider the actual limits of the Charter.-— With respect to these limits, we have attentively examin- ed the opinions of Messrs, Pigott, Spankic, and Brougham, inserted at the ccnclusion of this publication. Their claims to reputation, we doubt not, are founded upon greater speci- mens of ability, than any which are displayed upon the sub- ject in question. They say that, " within the streights must " mean, such a proximity to tiiestn igbts, a» would give the « land spoken of, a sort of affinity or relation to the •* streights." We should really have Uen gratified, if these gentlemen had been pleased to give u« something more ex- Jjlicit, as to what constituted, in their opinion, " a sort of affi- nity or relation" between lands and streights ; as these are " affinities and relations," which although referred to, in a legal opinion, are not perleotly intelligir.le even to legal cliaracters on this side the Atl.-.iuic, nor reducible, as far as our » .M i I ;' ' , I \ ■ I r • fi 1^ [ 15 ] our reading exfends to any statute roea-Mre. Are these -affinities or re!.,i...,s" -be nie.e cre.uns of a luxuriant fancy ? If so in whatever e.t-mation, ...nd that If not a low one, we may hold in th.ir proper sphere, the flights of .ma- gination, they are unworthy of a place in a legal opinion : but if these " affinities" have a real existence, the limits to ^hich they extend, are capable of being defined. Over what extent of ground then would they reach ? ^Vould the intervention of a mountain or a valley destroy them f are they dependent upon circumstances, or are they fixed and invariable ? In the uncerta nty as to what answer might be given, we are unfortunately reduced to the necessity of in- terpreting the Charter, not according to the new doctrines of Ideal " affinities and relations" but according to the ancient zeroise of rational construction, and established precedent in similar cases. ftJessrs. P.gott. Spankie, and Brougham, also declare, that by the charter, " such a boundary must « be implied, as is consistent with tiiis view," to wit " ofaffi- «Ditie8 and relations," and "with the objects of a trading « Company, no.^. intending to found kingdoms and establish " states, but to carry on fisheries," and " to traffic for the " acquisition of Fnrs and l\It ie,. and othei articles." Do these learned gentler.ien then forpet, while in the act of ex. amining the Ch.vtcr t».atit.8t.Mishes a o. l.^ny, and consti- tute« a government ? And that previously ti^ere never had been I I 17 ] been a n.itibh colony founded in America, to which an ex- tent of ti:rritor> was not given superior U> that t f many states and kingloms in Eurooe ? Let us however quit these comoient?, unworthy the appd- lition of l..g,d opinions, by which our attent:on h.is been for a moment arrested^ and proceed to tlie rati-.n:il and legal ex- amination of the limits of tiie Charter. This Charter en- veye, " al! the lands and territoi i. s upim tlse c luntneg, coaf ta, "and confines, of the seas, bays, lakes, rivers, creeks and " sounds, that lie within the entrance of Iluds m'a Streights." It must, therefore appear indisputably evident, 1. That a!i the Rivers into which a vessel can siil fioip Hudson's Buy, fall und^r the description of Rivers that lie within the entrance of Hudson's Streights. 2. That as the grant is not limited to lands near the mouths of rivers, nor to any specified distance from the sea, it must L-.clude the lands adjacent to the rivers, all the wav from the mouth of each to its source. The course of some of them is through lakes, and the lakes and lands upon them are expressly granted by the Charter. 3. That there is nothing to limit the grant to land adja- i J I' It) # r 18 J cannot be maintained that one of these is a river lying witii* in the entrance «f HuJson'B Strei«hs. and that the other i. not. The grant must therefor, apply equally to the land, adjacent to all the subordinate branches of the principal riv- ers. Those feeders which cannot be called rivers, will fa]] under the denomination of creeks. 4. That the grant is not limited to the land within any specified distance back from the banks of the rivers, and that it includes not only the lands upon the " coasts and con- fines," but also upon " the countries* «f the rivers." a term well understood in America, as expressing the space •which it included between the different branches of a river, and to the waters of which that river forms the princ.pal ou let ; in other words, that it extends as far as the height of land which divides its waters for those of some other ri- ver. Under this conatruction of the Charter, the lands th.re described are capable of being reduced to certainty and m.a- sure, without any departure from the rules of reason and precedent, in the interpretation of grants, which under an, other construction would be impossible. An • This word which i.s stated in ,|,e opinio,, of Me.srs. PIgott, Snanki. an Bro„.,an, to have Oeen transposed and . I... .eleZ!^^ alt .. T''^"" '" "" ''""'"•^'"' "^ ""' ^'-'' -" '- "-n P aced ,vMi. perfect propriety, where i. ,.as acquired the greatest force and ^.0, cano,,.„s,eadof „ei,„,ostas ,o any peculiar La.in. , «hch ^ouia U..e h. ,. the ca.e .f placed whe.e these ge,ul«,nen have :4l [ 19 1 An mtrrpretafion so closely and perfectly consistenv wUh the true, and only legal import of the tetnaof the grant, must appear conclusive on the subject ; but if the general opinion can be thought to give weight or confirmation to the deductions of reason, there it evidence, that at a period when there was no interest to misrepresent the matter, all the country of wliich the wateis run into the Hudson's B »y, was generally considered as includ>d i.i the Companv's Char, ter. Tliis may be inferred even from the language of i^Ir. Dftbbs, an J the other persons who joined with him about tb« year 1748 in a fruitless uppliralion to Parliament to set aside the Charter. It is also shewn from Jeffrey's Maps., publisii- cd during the war of 1736, and by a passage in Carver'a Travels, published soon after the Peace of 1763, in which he describes the country about the Lake Winipic, Red River, &c. &c. as within the acknowledged limits of the Hudson's Bay Company, and speaks of the Trade cairied on there from Canada as an encroachment, which under the peculiar circumstances of the case, the Company was under the nc- cessity of winking at, sse p. 110, 2d Edit. The same inference is supported by the negociations for the treaty of Utrecht, m which the right of the lludson's Bay CoinpaiiV to the property of the country is evidently Understood to be so exiensive with the rights of England to ta? eicvereigiity. But altbo' it was stipulated by the treaty C2 of J is I 1 1 lA i f to ] of rtrerhl, tlf«| ti.e boun.-^Ary line betwern tbf ffedwh'g Cay Trrrii^V'i and C'an«.la, «nd l-kewin- Leiwcen tl ,. „iWf Frenr). «rd K^^lj h Colonies in Am-rca, should be deter. irii.ed b> ro.n^mi.si.,P.r8 to be oppoiiUcd in vin,,.. of ib, TriHty, una ^uiu/ i..« mulld of 4y seems to have hrea afcer wards proposed as the boundary of tlie Company's ter- rit.Mies, probably fn.m the supposition that it would include ne in the llrilish Colonic-a, now the Unit- ed St lies 10 the S.uth of Canada, where they possessed a Jojg line <.i Cris ; an.l is the actual possebsion of tliu French t ul!» <■{ (:.;i . : n ,t i,id,.ce the Kngluh Govcrnmp.nt ta alter the liiji;... - ' n3,,:j.ie'i to its col. nies in that quarter, surely -.v.- m.-r;!y iiniviry [v.^es^ions of the F-ench >i'i)rtn of t'ani.ij, roul ij)i (j^ . ,, grm -.d |.)r altering ; r re- ducing the li.iMi of the Krii'l sa Coloiacs or Charters on ^hat siije. On the waters running into Iludfoii's Bay, and within thiv limits of the M adson's IJay Territories, according to the fore* 5 iiig and only rational interpretation of tiie Charter the late a ttle.-:i3nt at lU'd Uivar was situated. But so hostile is the «p.rit felt by the destroyors of the colony, and their friends, againit any English settlement in that quarter, that ihej have of late advanced and supported the opinion, that Red Uiver, aiiho' comprehended within the desciiption given by the Charter, has teen by our treaties ceded to the I'nited Btates of America ; thus evincing ^ desire, that the district in quiation, should rather be coiisid.'ied as belonging to a Foreign Power than becosje the seat of a British Cohny, ai forming part of the Hudson's Bay Tcriitorips. A disposi. tion to sac ilice natior;^! interest* or nationuhlij^vity, for the ttttaintner^t I.I [ if ] i I dttninmcnt of individual advantage, or the gratificHtitin o! personal rancour, is hujipilv not common among I'.nglish. men. liut, as buch a tlisjiositiori has l.ctn linnifested by Bome perBoiiB on tins sul.jert, it may not be improper to con. •ider whether the opinion tliut I'>fd Kiver lies within any of Iho boimdaries of the United States, rests on any solid found- ation. Nothint; can be more clear than that it was never for a moment, contemplated either by the iiritish or by the American government, that any of the lludson'a Hay terri- tories, or any of the waters rnnning into IJudayii's Day, would be included in the lines unsigned as the boundaiies lietwetn the poegessioiiB of Great Britain and those of the L'nited States. The treaty concluded with America in 1794, Eufticiently thews, that such an idea never existed itv either government. Hy the third article of that treaty, which psnuits the most perfect fieedora of communication and inteicoorse between the subjects of both nations thiough. eut tlicir ro?pective dominions, an exception is made of the cocntty within the limiks of the Hudson's Iky Company, to le ascertained, of coiiree, in conformity to their Charter from which the Aiiiericans are expressly excluded. The ttrins of the treaty concluded in 1783 with the L'nited States, t:j;reeably to which b) tlie recent treaty of lf^l4 thelirrito- vA division betwreu the two poweis is to be made, shew the express intention of both nations ro have been, that the liottlern tounduiyof the I'lUted States, should not, in any fart e>;l¥Dd fusll.cr r.oith than the Liver St. Lawrence, or the t «5 J llie lakes and strean^s which feed or fall into it. It is, how- ever, unfortuiiiitely true, tluit a great part of the second ar- ticle of the treaty of .783, was drawn up in cunjplete igrior. ance of the geography of the country. It is so full of contra, dictions, that there is no possibility of Uying out a line that •hall follow the article literally. Ii, sucli a case, the only fair mode of solving the difficulty, 13 by returning to the prin- ciple upon wliich the article was framed. '} The object of the American negoriators was, as appenra from their correspondence, to obtiin a recognition of the right of the United States to the western territory, at far aa the St. Lawrence on the north, an I the Mississipi on the' west. When thib was agreed to by our government, it v/aa considered as an important concession; and the Ameiican Plenipotentiaries proceeded upon that concest ion as the prin- ciple on which their boundary to^vards Canada after it h »[ea ri "h'l t 26 3 miles, tlie course is nearly west fi om Luke Superior ; above this it dsviates from that direction, forms a great bend, and the reit of its course is from the north-east. Just at the bend tile river St. Louis is only about 25 or 30 miles from the Mississippi ; here it is said a small branch comes in from the west, lising in a a little lake, from which a line due west to the Mississippi, would hardly be ten or twelve miles in length, and would touch that river at a very moderate dis- tance from its most northerly sources. No other line can be found so completely comformable to the princif le adopt, ed by the negociators in 1783, viz. that secure the operation of the Royal Charter, conferred upon the llud* aon's Bay Company, and to protect its nghis, so often w Umnly admitted by the English nation. i !' In various statutes, some of which are still in force, the Parliament has shown a watchful regard to the rights of tho Hudson's Bay Company, and has sanctioned, as to territory and government, the validity of its charter By the statute of the I4th of His present Majesty, establishing the limito «f the then newly acquired Provmce of Canada, the Parlia- ment of Great Britain has enacted, that it shall Le bounded on the North by " the territory g aitej to the Merchants, *' Adventurers of England trading to Hudson's lay," a h an- dary which still subsists under the stat ita. If the g > tie- men, whose legal opinion has bean before cited, had advert- ed to that law, thoy wVest Ccnijtuny, nor has it ever received even a l.x'it rccop- r.idjn iiilion by any provision o'" the Legislature. It is only .u unauthorised combinalinn of iiidividbuU, who were induced by common interest, to unite about iljirty years ago, m or- der to avoid t! a expences incident t) a competition in tra'le ; and who after their hssociuiion, dalennined at all haaards, and in deliancei of justice, to exclude all his Majesty's other sudjt'cta frona any participation in the branch of Commerce in which they were engaged ; allho' us far us it was legal to them, it was equally open to all. From the regular gnid». tions of authority, the complete system of dependence and subordination, and from the perfect obedience and submis- flion of t!j6 iuleriors to the commands of their superiors, by which this concern IS distinguished, it appears to approach more nearly to the character of a military government, than one of any other description. To promote their illegal views, the members of this new association extended them- eelves over a vast territory, and even according to their own accnuats proceeded to erect fjrts, in various districts, which were sUuiittd as well in the Hudson's Hay, as ia the Indian Territories. i f Ml After time had given some experience, and this new or. ga:riz;ition had acquired strength and consistency, measures were resorted to, to drive from the country all competitois i? trade. It is true, that in the Hudson's Hay territories i^ § this t 36 1 j' this new association hid no right to remain at all, and ho right elsewhere lupiriiT to other subjects. But the situa- tion ot the Cduiit lies wherein the North West Company liad e«ia>,l shed thtniselvts, was arttr.irally calcuhited to enable the ) to exercise violence, and to secure impunity 'I'liey w , at an immense distance freni any clvilizr d governa;ent, © i!i y le-al aiibohly. Their combination gave them a de- f idfd wiperiority of force over individual trader* in those regions. The remoteness of their situation they knew would detract muc!) frv;ni tlie inteiest the community would otherwipe fee , e iher to watch over tlitir conduct, or to resist their op« presi-ions. And from the same remoteness of .mtion, their p uer I iid influence could be exertea with much eflect, to prevent the attendance of the witnrests who would be re- q li-ed in any caees of ccm[ laint or accusation against them. T hue ( ircumstariced, and with these advantages, they began t> il'Stand commit depredations upon the unassoriatfd trudei t from Can 'a, whom the prospect of gain had allured into tl e same regions. Innt m.THble were the modes of intimidation and injury rf8)rtcd tl ,— It will be suflicient to notice a few —In some places whtre delays might be expected to be most injurious, theee traiicrs iretiienily found the pottages over which it waa neceesary [ 37 1 necessary for then, to travel, blocked up by numbers of tree.. felled for the purpose of opposing an obstacle to their pro- gresB. In some instances the navigation of the smaller rivrra was obstructed in a similar manner. At other places their canoes, the principal vehicle a. «ell for the transportation of goods, as for their own conveyance, wera destroyed or rendered unfit for service. Sometimes on rising in the morn- ii.g, they would find that the casks containing Liqours f-jr their trade, had been pierced during the night, and that the contents had escaped ; at othe, times their puckagcs of go.dB were cut to pieces and thrown about the ground. 4 > I 1 I When the precaution and vigilance of these private trad. ers was 80 great, as to leave no opportunity for the <-o.r.,:Js. ei.)n of these acts unseen, recourse was had :<» open violence, and they were assailed with such superior force «, to render resistance unava.lu.g Their goods were destroyed, and even their tents cntdo«n, while their lives v;er^ ..Iso threaten, d and in danger. If it he said that thos-j who eustained these injuries should have Boaght legal redress, it may be answer- ed, that the immediate agents employ.:! <,n these ocrasioa., were generally such as posses ed nothin,,, atid remained for years, and sometimes perpetually cut of the jurisdiction of any courts ; that it cnuld not be expected, that the instl- Sators should give written instructi:.„3 to their agents, most ''I I 3S ] »\ ¥^ of \vliom would be u.iable to read. And that, it would, necei- earily huVe been difficult to trace out the crdtrs given to tlie servants by their empl yers ; altho' it wouh! have been folly to suppose, that those who cotild on their own acciuals have no motive or i;U.;rest in injuring, would have acted without tile instigation of those vrho had, and iMider whose control they were : that it would be also diffiruU to procure witnesses from so great a distance, even if no other oSstacle existed ; bnt tliat the difntulty was rendered almost insurraountahle by the itifluence and power of the Company, which enabled tbe;n 'to deter or prevent witnesses from appe.iring. Oa some occasions, indeed, where afier being emboldened by a lonjj exercise of successful tyranny, some of the principal Partners in the concein, at places nearer the jurisdiction of cpyrtB, neglected the usual precaution of employing subor- dinate agents, and becams themselves actors (a) in the per- 60>;al agi^es^'^ns and destruction of property, the suiTerers i.ibtitutcd actions at Montreal, for the re«;overy of damages, and after gr« at delays and axpcnces, the most successful <.b- taired judgment for the bare loss sustained. But the anxie- ty endured, the prospects blasted, and the personal danger ii'.cr.rred, rcinair.cd without compensation or equivalent. The success met with by the suft'erers in their appeal to law, cotdd („) OiK' (.r il:r>". -A as a liruthcr of William McGillivray, the piiiiciriU t 39 ] could not bcconadered of a nature to encourage Cit'ner them- selves or otliers to alteoipt any furiher trade to he Icdian Country. The North Wert Coinpany, a;id their a^je.it^, having, thurefure, by a system of violence and terror, auc^ ceeded in excluding the rest ot his Majesty's Canadian sub- jects Trom any participation in the trude of extensive coun- tries, nsglfccted no measures which they thought likely to secure the eoniinuance of the d. minion they had usurped. They planted their forts anJ trading posts over a wider range of territory, and establised a more despotic rule, than could be found to exist even in any Asiatic goveriin)t.nt, if The situations chosen for their posts wtro generally such as afforded the best prospect of preservin* the duininioa of tl e country ; such, of course, as a military government wouW hdvii selectsd. The policy cf the Co:i^pa,)y rsquircs the shew of a large force. The perm .ncnco of the sovereignty tbey have assumed, may also be coHiidsred as deper.denS f'pi)i. it. Vast nuinbi'rs of servants knawn undvT the name of engages, are therefore empIo)f(l i.i the concern. The wage.? of these servants, if they were actually p^id, ueulci be more than sufficient to absorb the po fits of t'.ie irarie. A !i5 ire advantageous m.>de ot d scharginj tii*! vv;ig?^, tb in actual payment, is, t'lerefore, adopied. T:ie vices of ll'.o'r eervants are ci;c-..'.:rai;.d by eve-y incsT.'.ive, and f^'ir.i a 8"b- ject Ml t 40 J (\ n I ject of gainful and degrading speculation, to wbicb, no pa* ralltil can be* found. The servants are easily induced to run in debt ; their propensity for liquor is strong, and to be with- uut one or tuore favorites amongst the women, who are al- ways to be found about the establishments of the North Wfst, would be represented as a want of spirit. Whatever ib purchased, must be taken at such advance upon ita origin> al value, as the cupidity of the master induces bim to de> icand. (a) A transitory indulgence in liquor, and the pur- chase of a few articles lor the gratification of a miatreys, iTiight absorb the wages of yeare, and what is always desired by his employers, might loud the servant with a debt from which he would afterwards be unable t ; extricate himself. If the debtor should be desirous of returning lo his family aiti fiiends at the expiration of the term of bis engagenr.ent, It has not been unusual, where his Jeparture did not suit the c»»nveidence of the company, to cause him to be put in irt«ii8, or cO he cast into some loathsome place of confinement, until LiS buffMin^s induced him to consent to a renewal of hisen- gage;flent. In such modes the servants of the Company^ altho* they engaged in Canada at high nominal v/ages, are reduced, after the lapse ( f many years, to a state of greater wretchediitss, and a.ore deplorable poverty than when they firs* (a) Someiiimiis ai an aiUance of one thousand per cent, upon its Mon- treal ]irice. £ 41 J *ir«t entered the service. And it ia customary for the Com- pany, to exact of thosa whom they allow to quit their ser- vice aid return to Cauadi, acknowle Jgtaenis for coiisiiiora* ble sums of money, by which means the servants are detain- ed m perpetual bondage, even after their servitude has no. minally ceased ; and their former masters possses the power of punishing them, if their disclosures or tlicir conduct should give offence to the Company. From practices such as these, the profits of tht Noith West Company have beeu accumulated^ and their conduct for a series of years has es- caped the exposure, disgrace, and punishment it merited ; but it cannot be supposed that that CompaHy would have possessed either the means or the audacity to carry on so vile and degrading a traffic, or to have caused the commis- sion of the many enormities that have taken place, if they had not been succs3sfu! in expelling and excluding fnmi the country they frequent, all compstitora amongst tfttir Can*- diaa fellow subjects. hi s' P.J t \ I By what has preceded, it tij^pears, that the attention of the North West Company is not confined to the transpoitof goods to the place of sale or barter, and to their profitable disposal or exchange, when they have reached their destina- tion ; but v/hatis a phenomenon in trade, an army of tonsu- "Hers must be tran^portsd along '.vilh the articles of traflic, F an^ [ 42 ] ai-Al these new miliunts must leceiveanew education in tbi Nf rth Wegt, and be. trained f.>r some time to debauchery, before they can be fit for the coniintTce in v.liich they art engaged. A luiiierous body of yoiirg ar.d vigorous men of- Un of religicu? principles, and cf sober and industrious hab- it?, are thus amiuully withdrawn from the beneficial pursuits cf a^-riculture to the baneful trade of the North West. As they are not used as servants merely, but are wanted beside^ in the double capacity of military forces igainst their fellow subjects, and consumers tf the merchandize of their employ- ers, the numbers engaged exceed by mai.y times what would l)G necessary, if the trade were conducted c» principles of ho- nesty and decency : And the loss cf such numbers from a country so unimproved, and a population so deficient as that of Canada, cannot but be severely felt. But the diminution of the popuUitinn of the country is not the greatest evil ; because to iii- duce the engiigiisto become profitable customers their employ- ers must, as we have before remarked, be at great fains to cor- rupt their morals, and to introduce habits of vice and profligate ejcpenditu'-e amongst them And those who are permitttd to return to Canada, generally return with broken ccnstitutions, savage manners, and depraved and dangerous principles, evils which are not confined to themselves but which they soon in- troduce and extend amougst the lower classes. Should any e>;gf ge possess saflTicient fnmneBS to resist the united influence of [ 43 J Of precept and example, ana to pe. se\ ere in a course of sobrie- ty and ec(Ui()ii:y, l.e would liave to encounter the severity tf his niast.ra, and would pn.bably be seni to aistaut posts, wtiete such difiicullies and dangers would await bim, as would speed.ly nd bis eiiipl.^yers of an unproiitable tervant, or if notwithstanding his contuiracy, he were treated with extreme indulgence, he would be dismi-sed the North West Company's service as a ♦' 8counrirel,_vvho would not spend hil wages." (a) If icihtary subordination, esprit de corps, and persnnsl bravery ba not deficient, the more vicious and depraved the servant is. the Eore useful he will be generally considered, because he is the fittest tot.l the con^rrission of any oriii ,^ that may promote the mtereets of the Company. The corn, mission of one crime must produce further submission on the. part of the engag^, because should obedience to orders be refused, Ins employers can cai:se him to Le brought to punishment for his forn:er cftenre. As his wages, acccid- ing to the system ad. pted, have been swallowed up in the advance upon the gouds, of which he is t. irked into tl e pur^ chase, the chains by which he is bocd are lencercd ii.ditso- luble by his poverty. On one side therefore, to the submission of the poor and . ^" iinl »'tf red (a) Ti e >Uit('ii;eiils v t- i.jae yve i die ,ir.M „~. i ' r'"'*' "1 "» !».-.. .-.I, ; 'i- ...jT,!, ,.",;;:;' .•■"cv, "' r 'ir iii [ 44 J ■ I unlettered servant, is added, the dependence of the debtor, and the subjection of the riiminal ; and on the other side t<> the dominion of the master is united the power of the cre- ditor, and the authority of the magistrate. This threefold dependence, and this thrice rivited authority, produce that perfect subordination and unlimited obedience, which have of» ten been directed even to the commission of murders ; towards • which, exc.-pt it be for the timely inlerpcsition of govern. meut, they are not unlikely to be again directed. Many of the servants who arc employed by the N. West Company are frequently desiroue ol pasting their lives in some of the more fruitful countries frequented by them. And to a few of these the Company graciously vouchsafe permisfion (for no one is allowed to remain there without their r >nsent) to continue in the country after their time of service has expired, on rendition, that like obedient subjects, they hold them elves in readiness to render aid to the Company, if their exigencies Ehnuli require it ; aud that the) give no succour or assistance to any who resort to the Country unconnected with the Norih West Company. These favcured few are distingushed by the appellation of the " free Canadians'' a designation to which indeed they have no real claim, but vbich eeems intended to contrast their Eilut;tion with the more ciEtreastd ur.d slavish ttaie of those of their couatry- tnen, whom the NoUh Vi'ect Company still retain in perfect servitude. [ 45 3 eervitude These free Canadians are however very few in number, and the dread fi .e power of their former mas- ters J8 a feeling which quin them but with life. They are not peraiitted to become Agriculturists, becanae an ag'icultural settlement would not be cor^iEtent with ite views of the North VVe^t Company, as it might tend to 'ie«- sen their tyrannical authority, by affording to their engapfa a re'ygc to which they cculd retire fom opprespion. and which could afford them repose and [ Isr.ty in the decline of life. The free Canadians form too insigniiicant and dep(?ndeat ti proportion of the population tJ acquire any influence. Ex- clusive of these the permanent population of the coauljwe over which the North West Company have assumed the 80- preme control, may be divided into two classes ; the native Indians, who compose the only numerous and import;:c:paft of it, and the '* boii brules," or ''■ mdifa ;" appellations wbicb are given to the spurious oirspring cf thi partnera, cL-rka and servants of the company. Thesa laat are designations calculated for disguise, by which persons unacquainted with tha demi-chiistian origin of the " hois brul.o," uughi hs itt- duced to suppose that they were some powerful In Jian natloq. The fact ii, hoA-ever, that m^^ny of th'jss have receivad from the I.;:'. I ibio care cf tbsir parents the rudiniC::ts of 1 / t i '. II i- mm I I 46 ] education, can read, write, and keep accoimta, and are env ployed as clerks by the North West Company. A large proportion of tlje others whose education has been less ulten. ded to, are employed at lervants of the same Comf any. (aj It has been advanced on behalf of the North West Com, pany, that the cobntnes they have appropriated to them- selves were frequented by predecessors in the Indian Trade ; and of consequence that a kind of prescriptive right must be considered to vest in ihemstlves. Nothing could certainly be more wtuk than an attempt to justify their occupation and Bovereigiity over immense territories by so ridiculous a pre- text. In the firet place it would become them to prove in what manner those whom they style their predecessors trans- ferred their rights to them. On this subject they have no- thing to sfcow, and it would be found upon examination, that the occupation of the Noith West Ctmpanv, without a sha- dow of peculiar privilege, is founded on the forcible and ille- gal exclusion cf their Canadian fellow subjects from any psr- ticipaiion in the fur trade. This does not bear the appear- ance of deriving legal titles from the claims of their prede- cessors. There is not a single fort or trading post belong- ing (a) We do not we 1 understand liowsome of li'e North West partners, Tvlio agcribe the chiof (j'lilt cf tlie lai« Ijorrible iraiisartions to the " hois brums'' pan recrmcile such i\n im| nwium to the fcelin<;s ol pa- rents. Wonld it not have been n oe (■onM<;t(;nt •» ith r'lrental' tender- ness to liave e\( lahuc 1 \^ ith tiie w;;riiitli of Kcmaii aiftctiou, " me .' Kiu ! aduin (lui f>'ni, in n-e convetme Icrruin, k I 47 } Mg to the Nortli West Company in the Hudson's Bay leiri- taries, except tht je JjuiW by the North West Company them- aelves, and not by uiy of their predecegtora. But how did the r predecesaora acquire rights ; and if thpy had orcupied the forts and trading posU now in the possession of the North West Company, on what authority could they relv to support their occupation ? By the Jlud- son'a Bay charter, all Hritish subjects are expressly charg- ed and commanded, " that none cf them do directly or indi- •* rectly, visit, haunt, freqweut or trade, traffic or adven- " ture into, or fiom any of the said territories, limits or " places thereby granted, or any or either of them, other " than the said Governor and Compaiiv of Hudson's Bay, " their agents, factors, and assigns, unless it be by the li- " cence and agreement of the oaid Governor and Company, V in writing first had and obtained." ^ By the treaty of Utrecht, whose provisions in this parti- cular are con6rmed by substquent treaties, it is stipulated that all of the subjects of France who might be established in the Iludsoii't Bay territoriea should be withdrawn. \ Upon the conquest of Canada, his ?.I?.jfc6ty, by his pro- clamation of 1763, before alluded tc, after reserving under liis sovereignty a.id protection, for the bantfit of the Indian nalivcE, rr 4 i , )(^ ]' 1 1 I 48 J natives, all the latids unci territories not tncltiiird within the liuiit3 of Quebec, Kast Florida, and West I'lorida, or with. in the limits of the lluosf.'i.B Iky Con. puny, und after ex- pressly prohibitJitg all his subjecta fiom seutinjj themselves even on Indian I.ar.ds, beyond the lim'tB of these countries, wtljout authority from government, *' strictly enjoins und •* reqi:ire3 all persons whatsoever, who have wilfully and in« •* edvertenlly" (which imports without a If gal title) " seated " themselves upon uny lands wil/iin the countries above de- •* sciititJ, or upcn any other lands, which not having been ce- ** ded to or purchubcd by his Majest), are still reserved «« to tfce said Indians as aforesaid, rOllTHWITII TO « REMOVE THEMSELVES FROM bUClI SETTLE- «* MENTS". It is plain therefore, that if any predecessors of the North West Company were ever to have been foucd in the Hudson's Buy territories, they must have been tres- passers, and could have traabferrcd no legal right to others : kut tbece pretended predecessors since tn^ conquest have bacn none other than merely transient pers ma of traders Kovi:)^ frota place to place, wilhtat aiiy permanent cstablish- mema. v jSf The foHi;datiin of prfEcriptive right between individual and :r,f.i' iduiil u the presu:rp:i(in, iliat the ucluul poisessor has IkU a title, aUho' it cai;ni;t from some cascalty ba produred ia s'.;pi'ort of liis prs^eEiion. But no such presumption ctuld exist J t *9 1 «xittin the prcstntcaae, or between an individual and a g» veniinent, becuuhi- the wrigiodl (jrantii beii.g pu' he doru* ments, must bt always suppo»>:d to be preuerved : but the ex« ittence of unf sucIj giants in favnr f ( the N»rth West Coo*. |>any bus uevci been even pretended. \; If then the North West Comaany Could even show in nxif- portof tbeir cKuaa to the fortn and ptissebsioi s they hoi', » transfer of ima^'innry rights from their alledgej pred.'cesfturs, whose shades ihey now vainly invoke t> ttieir Hssistance, fltill ii could avail them nothing, h riuse n» cUi.n, u.iless deri td from the Smerngn of Fr*4.,ce or of Kngltmd, or from the Governor und Company of the iluison's Bay, «ould be under any circum»iaiic«8, es'ei'm d > f any v h' mm I 50 1 raks of tlip Ttiifison's Bay tfrritoripg i« pg \-e f'nvf fjf«in. pro* Iiihited by pnulamation, and yrt the N. rlli Wrst ( .>nipft- n^i HB vc fiiive l)rf«rf reinaikrd, \ia\e not only rpu'fd tl «ra- BOlves L'prn those lanHs. Imt also upon 1 .nds in tlie lliidson's Hay Terr tor its, and liuve erfctfd traiilij; f oms und (orll in rarli. It ia tlie peruliar [irovince of {.^overnn.ent to in- quire into the invasion of nny of its rights ; but Vtl as indi- vidjials, it was impcesible that we could l;ear the f.^rts of nny unlicensed association of daring udventurera Fpoi exercise. The right of buildng f .rts and places of strength, beluigs not to eubjrcts (a) The 8ol« and entire prcrogat've aa well of erecting aa > f mant.ing aiid goverrii g them, appirtains to hia Majesiy, and to those whom he eliall invest with his lloyal anltiority for that pur- pose. This aiiihoi.ty as we have before seen, has been con- ferred (n) f-ff Siftt 13 Car. ^, 1,0, Z i< st .Id, .<• Illin k. (> m .Sir luUmri Cftk«»nj«, (Imt no Subject rnn build « ea lie, (ir lumse of Kirengili eni- haltlel, or I'lifB (Icffii-iibif, v iihoiit lireaip frou me Kiiisj, by rpiiion of i' H Jfii)<;e" \v,a-U iiii,;li' f n iic if every n.a.i ui las j>J asure could do it> [ 41 ) f rred by their charter uoou the Cvcmr und dinpany of the Hudson's ilay terru<»r:e8 But the Nortli Wesi Coinpa* uy, in the plenitude ot liieir powiT, havo thought til ii exer« <:isf? thia branch as well uy .thHr* if the Hoyal prur .guave, of th;;ir own :ii«ie tu«:iuu, i.j.l ;ii.Jf pemlenUy ot any Binctmn fa).ii tlie.r v>vcrv-iyn. It ttieieJore bennnes a iimuor of «i»ine iinp.jrtaiice, as *cll is iiitirfist to (isceriiiu wit i what; vii'ws thev h.ivc tlius tiken mil tar) po sessMn of 4 cuuatry in which they wtre u.oinbitjd ull permutieiii estublishments, and t" le;iJU wlielher the:r forts in th > JuJi; n, us well as '' Hudson's B-.y ttrntones, are iimintm ed not merely as lK.d« i g place:, but us places of refuge of points of union to those ferocious hunt rs, wh'» occaaionuUy sally out to destroy da- fenceless settlements, and to butcher or expel inoHensive in« hablants. rhe sequel will unhappily show, that they have bten frequently und fatally ^inplo^cd for the latter purposes. It would, therefore, s em, that the only step berttt ng the dignity and security of government, wouM be to divest thftn uf the possessions thev have illejj.illy assumed, and of th« foriB and establish aents by whivli ihev are enabled to des- pise llie ttdminist ation of the l..w» and the authority of ibe Boveieign ; and to exclude them from any further intercourse Vfith that country, until .hey shill have t!xeul|)ated ihein- Btlves fn.iii all impututiiai'i of af, ncy or encouriigement ia the crimes wluca have beer. C"m;n;ilcd. If u part of th« If I'f u*ll t « 1 members of the Nrrth West Company should euccefd i» proving thenstlves to have been neither the Agents uor Promoters of tte dtrslruction of British settlements, as hu* mnnity wculd induce us to hope, tht-y t.ugLt not, even in that case to be allowed to renew ihei; trade in the Indian Coun- try, except by the special licence of G verrnient. fly ,he proclamation of 1763 the trace wim the Indians, in the In- dian territoriea (not in those f the Hudson's Bay) is thrown open to uU Bntish i^ubjects, upon the express condition of their obtaining previously a iuence, for that purpose ; .iltho" they are at the same ti ne pr-.hibited Ir -m erecting buildings, or making any permanent establi hments in the countries in which they are permitted to tiade. (a) If, therefore wo were (a) Tlie Nortli We^t Company liave never obtained any licences, but even if they liad done so, such 11 pretaution would have been by 110 means tiie only one whi.-h it would have been proper for our government to have taken to prevent abuse in tlieir intercourse with the Indians. The French government of Canada, and it ought to he mentioned to if< honor, was far mtwe attentive to prevent injurj to tlie primitive inhabitants of tlie country, than the English have ever been. Not only was all frad» with the Indians proliibiied except by licences, but priests were always sent as missionaries, who overlooked the practices of the licensed traders j and if their coi,d"^t, i^y the undue introduction of liquors, or ia any ether mode, became prejudicial to tlie health or morals of tiie natives, a repre. sentation was n)ade by the missionary, iii consequem-e of which, the of- fending true" jr wag deprived of his licence Even now by the laws of Canada, whoever shall sell spirituous liquors to the Indians residing is this Province, will be liable to a pecuniary , enalty. And jet, (stranga Jnconsisiency) tne North West Company «re allowed to carry any quan. tiiy of tJiO;,e spirits, ihat go uuiler the dsnominattou of high wines, or any Other C M 1 were to admit sn great an absurdity as that every memhet of the Norta W.;8t Company wds antaiiit?d wuh gt ilt, the preliniioary nafaaure of exolusion and the aabBei^ueut ad'>p- tiou of licences, could not be justly conanered a hardship. For if any bdve been -n tije practi e of exerciiing piobibitt:d employ nenta, jt occupying t.>:biddeo g'otiud, there can oe no wrung or hardship in rcduc.ng them under the tipcratioa of the law. And in a caa^i like the prekent, vvLe « undue in> fluence, always dangerous to authont,, .nay be, and ha- been exerted with such fatal eff ct ; where tae acihtiee a..d temp* tations to the comraicsioii of crimes, ad the difficulties of leg.tl detection are so great, it is betom ng t <• pat« rnal care ofgoven iieut t > watch over the wamlerings of its suojects, and to p es rve them all withm tht reacu of its protecting or avenging arna. It is an old observation, - ; :*:a government which pro. ti'Cts anlicenced tr.iders, is bound by ever\ call f duiv to set Wbetiier a conunuanco of their trade will be beaehcial or io- juriouB : other (ieleterioii-: distillation, to tlie ImJiais of ilie NnrJh without any rei- trictioii. Tlif-e Indians are often kept in the forts of tiie North West Company in a siate of iiitnxioutioii, until they are d»prived of ell they possess. An aite.iipt wa- nwde some year- ago in London by the Hnd« son's Bay Company, to |>iit ,oi .- re^ira nt pon ihe trule in liquors with the Inliaiis, but (several -(..s-in- a s;>r.;oed it.. ;ie North WeM Compa- ny so strenuoiiJily oppo td tiie uiecihuitt at the meeting, that uo ultcratioa was effei'ti d. r 54 J ii li' jurinus : and the utmost that should be granted to private interest, would be a neutral trade by which the couiitry could not be injured, the' it might not be benefited : and by which the established claims of others might not be invaded. The North West Company themselves have indeed been in the habit of representing their coicern asessfnlially con- tributing to the g. neral welfare of Britain ; possibly in the expectation that their crimes might be overlooked in consi- de ation of the great advantages they pretended to confer. But' this favorable opinion has not extended to others af quainted with their system of proceedings, the most charita- bly disposed of whom are of opinion, that if the clairos of the Company to reputation shouL be founded only on the benefits they have conferred, it would not be within the compass of human means to save then! from infamy. The North West Company seems, however, on some oc- casions to have -et forth its pretensions with far more arro- gance than has been just mentioiicd ; for a pullication was once brought under our observation, from \.hich it might be inferred, however absurd the opinion may appear to the un- derstandings of all unconnected with the company, that the power and prosperity of the British Empire were dependent upon the North West trade from Canada. For interested parties to proportion tiieir estimation of any [ 55 ] any rbjert to its r^al importance, seemfl a task oFuncomraoQ diffif uJty, if we are allowed to pronnunce any thins; difficult in which few attempts have succeet'ed. The warmth of friendship or the zeal of intciest, loay be so injudicious, as to attempt to confer influence and disiinction where no weight or iioi-.or is deserved, and to represent what greatly concerrs the few, as higniy important to the many. But the heat of imagination bf stows idral consequence to no purpose.— Those wh» are unnitertsted are nut likely to be imposed ti^oa. In the publication last allud-d to, the writer informsd ua that oiif of tlie co;jda:wDs wuhout whi'-h the Canadds could rot be ('irciudllv deffn;!el, was, ♦' tiu- fufrndsbip of the western Indlai.s." lie ufurwa ds assured us thit a " direct trad, k^^m Cana'labv U. tisii trtide s" (winch of course aiust mean only the Norlh West Compan , , as they have excluded all otbers) « was eseeniiji lo the r r.se.-va'iou of Indi-n at- tachment a id fpi-nd^hi; ;" ani, at thj conclu ion of hisdit- •ertatiui h? sv/s • that Jr qu aioi, about ihf Catmdas can* " n>t!*.irji.8>.iok : " that thi'ir loss would lud to that of Ne ^^ ti. di.ind .md *♦ "^11 the ilr.t:s!i fitnsdliantic Fislunes, ar:d finally that the " Weu India rsl:*>d8 m !st f -llov ; as th.y c(i-lj n l be " supeoried and defe.-.d..d nimitta ^r.i.ih Nort.i ^mricHO * Col ihes, li' 1 I ■» ' ' ^ li ** Colonie«, Newfiiundland, and the Firherie*. were gone, ** Then fan. well to our maritiiuf gieatne^s unci powet. Th« «' heart tickers at the contemplation oi the potsit le addi* " lional ruin ct>n8equent upon such a stale of thi g8." To •um up all in fewer words, and, leavirg out the intermed'ate gradations, to come at once to the sple* did result, the North West trade from Canada is essential to the maritime great- ness and power of liritaia, perhaps to its existence as an in- dependent nation. " WHAT GREAT IVIVTS AFISE FROM TRIVIAL THINGS f" A discovery which none of our greatest politician? had been enat)led to make, however profound tneir investigttion, and, however minute their researches, is here given to the public . The combination of causes on which the power of the Queen of the Isles depends, is here disch sed. The Ltent s urces of English greati'tes are here laid open to the asto- taished eye ; and we see the fountain*, rising in weakness, form at fiI^t the humble stream, whose waters gathering Btrengtli and increase as tbey rrll along, b»come at length the magnilicent and resistless 'lood, wVich pours over half the globe the riches and influence of Biitain. After recovering from the emotions of surprize into whicb the \eiy extraord i ary discoveries this writer bad tbrnwH ns, we were led, at soou a» we could reduce cur ideas to lie |«\-eJ [ 57 ] level of coramou considerations, to enquire what wai the ex- tant to which the raauufuctures of the Mother Country, were immediately bfcnefited by the trade of the Noith West Con*, pany. Our ideas of its importance suffered matei ial dimi:n;- tion upon finding that the anaount of its annual imporcilion of British raanufacturea was only about .£30,000 ; an amount inferior to the iojporlations of many unastociated iaJividu- al«. It would be readily coiicf ded, that it wonld be desirable to preserve tiie friendship and attachment of the Iniians frum motives of humanity, and with a view to ameliorate the con- dition of this portion of our fellow btir-g?. But iba: the Canadas should be held by so iiisecure attnure, as the dura- tion of the fickle friendship of this savage race, would be a preposterous supposition Still more ridicuL-t-.s would be the cpnion, that the p eservation of the Canadas, however great the advantages which n;ay b3 derived from them, are of "liital importance to the raoiher country. But of whatever consequence they may be, it mig;:t be reasonably doubted whether exciting the savages to war in our defence would be jaEtifiable. During the late war, the grea er part of the In- dia.. nat:oii8 were fighting their own bat'.ks, and prosecut- ing ho6tili'.ies of earlier date than those between Great Bri • tain and the United Slates. They were not involved in war M My i * III 1 1 [ 58 ] by our policy, but being already engaged in it, might indeed have been led to greater efforts and li)nger pereeverance, when they found that the English were forced into the con- test. The Lnglieb did not merit the imputation of inducing savage tribes to arm themselves for the commission of bar- barities against their christian brethren. Such a course would be neither consistent with the dignity nor ihe pnnci* f les ot humanity for which the nation is distinguished. Ui' The friendship < f the Indians which an enlightened and virtuous race ought rather to desire, with a view of conferr- ing than of receiving advantages, would be far more benefi' cial to us, and much more likely to be preserved and en- creased, were the intercourse which is permitted with them, conducted on principles of honesty and justice. From the manner in which the trade of the North West Conipany is carried on, the natives are subjected to continual and griev* ous opprebsions and cruelties, and their race is menaced witb speedy extinction. Their attachment to us might be rendered inalienable, were the government to prevent the continuance of the inju- ries they have suffered, and to take into its own hands the pcsseseions its unauthofised subjects have assumed. The North Weat Company, in consequence of being charg- ed Ji^^^S^^^TJ^^^iji. I 59 1 «d with the highen crimes, which human depravity ever perpetrated, have endeavored to recriminate upon their ac eusers. That the guilty should make an ope a acknowledg- ment of their crimes, is not to be expected. That those who are unable to offer any justification of their conduct should have recourse to recrimination, with a view to diminish the indignation felt against themselves, by showing that others were involved, in an equality of crime, is not surpiising. But to expect that in this instance, recrimination could avail them ; where 'he acts on the one side, have been committed ttnder the authority and m the support of Chartered rights, and have at the utmost amounted to little mure than civil trespasses, and where on the other side, recouise has beeo Iiad to violence in the furtherance of illegal practices, and tave extended to the j remeditated deatrurtion of an Englibh Colony, and the murder and massucie of fellow subjects ; vould be preposterous in the extreme. 1^' e4 With a similar view of prepossessing the public with an idea of equality in their resp2ctive situations, the Partnerg of the North West Company have accust med themselves to the terms of " rivals," and " rival companies" in their dis- «ussions respecting their own lajvless association and the Hudson's Bay Company. It is not surprising that the ario« i^ance of a set of men, ricing criminally to sudden influence, U9 should r 60 ] IK ehould be grutilled at the supposilinn of rivalry with a com- pany which has so long existed under tlie sanction of the livvg, and v/hich has often been the subject of particular etipulations in cur treaties with foreign powers. But that they should imagine, they could impose upo;i the public the belief of their being rivals, could not fail to excite astonish* ment. Equal or oiutual rights or claims must be understood to be included in the meaning of rivalry. But here the rights are all on one side, and unfortunately all the irreparable vrrongs have been endured by those in whom the rights are vested. Buonaparte might, with as much propim, have called himself the rival of his Majesiy, in bis right to Han- over, as the members of this recent and criminal assocnttion can style themselves the rivals of the ancient a'ld chartered body, whom they endeavor to expel from their own territo- ries. The numerous and atrocious murders of the .^orth AVest Conrpany, contrasted with the long and patient for* btarance of the Hudson's B.jy Company, could not be more dissimilar, than the long line (.f just and sanctioned preten- Bior.s on the one side, and the total absence of legal claims on th& other. V»'e have dwelt here at sufliriect length to give a general view, the only one cur limits will permit, of the chaiacter a!td policy of the North West Company ; which, whether it be 1 61 ] be considerid in relation to the criminality of its proceed- ings, or ihe wide lange of country over wliuh it extends, or the unauthorized sovereignty which it has assumed, has ne- ver had a parallel u, the British domi.-ioiis ; and blending in- consistences, combines the ferocity and ambition of a m lita. ry despotism, with the meanness and j:ilousv of the petty trader. The intercourse of the North West Company with the Indians is not indeed entitled to the appellation of a trade ; but under the semblance and disguise of commerre, is an organized system of rapine, and a conspiricy afeujnst all other British subjects carriid on by the daily repaition .f robbery, and the occasional intervention of murder, wiienever tb« iuUiresu of the concern appear to require it. (*) WE (• For nmre um.nUt inlorniaiio; ,ui tLis s.ibjeci, .ce the .ke.cL cl ti* I'anadiuu fur Trade b;. ike EabloJ Heluirk, i. L '^ii^' . rjia* , . -) '4 i ^ I ** 1 i , i« ▼ V E have now arrived at the last Buhjf ct of which thes* pages were intended to treat. It remains fur us to give a succinct account of the establisboaent, progress, and destruc* 4ton of the cv ny at Red River, But it may not be improper, previously to notice an oh- jectioo which has bi en raised against the establisliment of the Colony, on the score of fiumanitif The old and worn out topic of the ciuelty which the Indians suflei from the culti- vation of their lands, has been brought forward anew, and has been urged with unusual warmth. A moment's reflection would show, that whatever iriflu- «nce such a suggestion might possess, if America were a newly discovered country, which it was determined to p e- serve in primitive wildness, as the saced and inviolable pos- session of its wandering aborigines. Wf uld, under the present drcumstances of the continent, be entirely lost. The rights of those aborigines having been from the begining overlook- ed, it has now become too late to prevent the population of America fro.n exceeding the limited numbers of the race by which it was oiiginally inhabited. It can be no longer possi' bl« V f I « 1 ble that (fluntries in America, eminently adapted for im< provenient and euacfptible of cullivation, ahuuld be perpetu- ally kept desolate and wa^ite, to gratify the unsocial charac- ter of the sons of the desart. And were it even poatible it might be rea»onably doubted whether it would be consistenl with the general interest of mankind, to which that of the few natives ou^bt of cciurse to give way, that bo large and fertile a portmn of this fair globe should continue unimprov- ed. It may, perhaps, be possible for tLe enemies of English «nterprize to deter the inhabitants »f the British Isles, from attempting to colonize any new and fruitful tracts of country i aud it may, therefore, become a question, whether v.j r^jw ticular territory is to be peopled by the English, '"•cotfb, or Irish, or bv their enemies. But i. can be no longer « qufts- tioti, whether Anaeiica shall be the habitation of the ilia- ed or the savage. It can be no longer a question, whether the same territory, which formerly afforded onl> a scanty sub« BJstence for a few thousands, shall hereafter supply millions with abundance ; for these are changes which the present situation of America renders inevitable ; and these changes would not be so abruptly introduced, or so greatly accelerat- ed by the colonization of a portio-- of the Hudson's Bay ter- ritories, as to occasi!)n riistiess to the Indians. Many yeais would elapse before the lanJi set ofl" for farms, could occa- filoa Any sensiblo dimjnutioo of the territory over which they fcive pi '*! i; // ' i Mil \ ' Ih if [ 6i ] have been accustomed to rove. As it is, timy are tiibjected to the tontiuufd injurieB and tyranny ot" the North West Company, and the ebt;ibli«liinent of a Colony, to whose laws they could resoit for protection, would reliive their dietress, and secure them from opprcBsjon. 'I'hey iheiuselvos would be partially incorponitcc: wiiii the race who came araongst them, and would learn to value and enjoy the advantages of a mure improved eituutioti. The character of those by whom the cuhivfttion of ihe lands atjled River has been held up as a cruelty, phows, that the pretence of benevolence is used to conceal motives in which humanity has no place. If the Inoiaiis thenirelvci were inimical to the settlement, it would at least aiVord a pretext for the complaints of ih ir pretended friends in the North West Conip,iny. liut such is not the case, for the In- diann have sliewn every dispisi'ion to favor aad pncouraga the settlers. The humanity of tJie North West Company, hi.s, however, induced them to express the highest dissatis- faction at the piogresH of improvement am>.n{',6t a peojiie to whom improvetuetit t'^ts pUasurtt. i>ome cf the membirs of the Council in Canada, atu unhappily for the intmsts of justice, partticis ill tlir NoiUi Wtst Company. Their opi- nions from tl cir station in sociity, end from their supposed knpwkdg:', mr.st, r-ccsastrily, fossess great u.flueiice with tbti* i;.^ r.^ > [ 64 ] tfaeir inferior partners. Their iiuinanity has indured thq former to declare, tbut they should be ji.atiliuble to thrir country and their coascierces in advising the Indiuns to drive away their fellow subjects from the lands they were cultivat- ing, and to use force, if they could not otherwise be rt moved. The humanity of the inferior associates, improving upon the benevolence of their superiors, his prompted them to make repeated but fruitlesi attempts, to prevail on the In* dians to mike war upon the settlement at Red lliver. Hut let us not anticipate occjrrenres to which in the course of the succeeding narrative we shall have occasion to advert. We have already seen, that by the Royal Charter, the Tight of enablishing colonics, of appointing their Goveniora and Ofiicers, and of proviiling men and means for thcii de- fence, was vested in the Hudson's liay Company. The establishment of a colony in the interior of their ter- ritories, had long been an object which the welfare, if not the exislenca of ilie company required. This object seemed equally desirable from a regard to the interests of justice and humanity in that couniry, and from the pro;ugh Canada would have been raised en the spot, and other articles could have been trough dir ci from tn^lmd through Hudson's IJay, atone third part of ^lo price it would require tocuvey tham thither through the circuit- ous route of the Can^das, or through the United Staies. It IS well ascertaiuad that the conveyance of goods through Hudson's Bay to tje Ued lliver settle uent, is not more ex- pensive than the conveyance of goods from England to York in Upper Canada. These circunastances explain cleaily the causps of the hatred and misrepresentations of the North West Partners in Canada, against the settlement. Had the ee^tlement flourished, their system of rapine must have ceas- cd, and their conspiracy to exclude their Canadian fellow fiubjects fronu the country, would have been injffdc ual. Whatever increase of European merchandize the country in its improved state could have consumed must of necessity, Have been transported thiiher directly from EngLnd ; be- cause the transport of those c.iumodities b> any otiier route, must be always more expensive than through Hudson's Bay, Cotwithstanding every improvement of commcnicmion that eould laite place frojn Canada or the United States. » I w n But to found a fl ,urisbirg settlement, in a country so far removed from any civilizod establishments, hovvevcr -Tcat 12 in ' ( ' I il ml [ ^3 j its natural advantages, the conapany must have considered, vrould require a thorough knowledge of the subject of colo- nization, together with gieat exertions and sacrifices of time and fortune. The establisliment of colonies has, in e\eTy age of the world, been deemed a title to distinction, and their founders have been deservedly ranked amongst the benelactors of mankind. Yet, to discover a person of ability, competent to conduct the plan, of influence and for- tune ade()uate to its advancement, acd of philanthropy suf- ficient to make the exertions and sacrifices it required, might still have remained a tusk of difficulty. An offer on the part of the Earl of Selkirk, a nobleman, whose writings had cor- ncted many prevailing errors on the subject of emigration, fixed their views on himself. His pursuits had long evinced a benevolent and patriotic desire of extending British laws, and civilizHtif>n, to touut.ies where these blessings had been hitherto Unknown. To his Lordf.hip, therefore, on condi- tion^ of speedy settlement, the company made a grant of a tract Inland in a country, whose climate, promised health and enjinment, and whose soil offered an abundant recerti- pen^e to ih-^ ii dustry of the husbandman ; a country where no marshet? called for the hand of toil to clraia, nor forests re- quiiedthe exertion of labour to level or remove thetn ; a country to whose ciiUivition and improvement, rfo obstacle CDuld be anticipaUd, except sucu as the Uwles* hand of vie lence C 69 ] I lence might oppose ; an obsticle which his Lordship's ignor* ance of the char'^cter of tha No-th West Company did not then lead hi'n to apprehend. It has beer, ridiculously alledg» ed, that bis Lordbhip had on this occasion an encrease cf fonune in view. Supposing this to have been tha case, there could surely have been no mode of acquiring wealth more noble, than that by which at the same timi the bounds of the etr.pire might be enlarged, and the influence of its laws, language, and civilization, extended. Uutany man must be profoundly ignorant on the subject of new settlcraents, who could suppose, that the person incurring (he expenceof t'ans- porting coion'sts to an immense distance, and of estdLlish- ing among them a regular administration of guvernment and taivs, could expect to lealiie, during his own life, any ad- vantages frnhi siich an undertaking. The tdvanta^^es, if any could be attainable, must be obtained, not for the prison ndaking the sacrifices, and incurring the expencefi but f.^r his isuccessors in distant generations. The benefits which to the community and to the subordinate characters concerr.ed in iuch sfttlements, tai.j,\it be actuil, certain, and immediatr, to the founder of them, could be only distant, uncertain, and r^iospective. With views, therefore, more diiected to general and public utilitv, than ti privato and personal advantage, LijIorJsh'.^i unJert'.nk to !"".inl a colony ii that c^uutrj. Vrom \ ■if,/ -jf E 70 1 l^rotn tlietime this intca ion became known, no pains nof misrepresentations were epared by persons associated with the North West Company, to prejudice ti;e public mind a- gainst It. The pape Uemed with falsehoods, representing the country as cold r barren, as a dreary was'e, or inter- minable forest, unfit fur the habitation of man, and unsuscep- tible of improvement. The credence given to these false- boods, which were very widely and iidustriously disseroinat- «d it required some time and sonne labor to i tmove ; but all belief in them was at length destroyed by the contrary and concurring iRSliniony of numbers, who had resided in tba country. To these first falsehoods, were then eubstituted expressions oi i>igned ^larra respect ng the unfriendly dia- positions of the native Inu .ujs ; an.! latnentations oi uffected sympathy and humanity were pULiijhed on account of the injuries and slaughters to whici- f.h,^ Korth West Company predicted the colonists would L^ axpoeed from the savages. But these predictions of hostility on tiie part of the native Indians, had been pttviously ascertained to be as unfounded, as ihc former representations legarding the climate and coumry. The native Indians always professed sincere at- tachment. They maintained to the last the most friendly intercouise with the settlers, and often expressed pleasure at the prospect of seeing that fruitful and delightful country, instead of wasting its luxuriance in tlie production of graMj atij .'S. I n ] I i end weeds, tie food only of brutes, abounding to rich and varied ha(\e8t8 for the consumption of man, (*) Could It indeed ha e been credited, that after having so long manifested attachment to the British Government, their scMtiments should have been so sudt-'enly changed to hostility, ludesa through the instigation of peraons who considered it their u»;prest to roiMead them. These North West forebod. ings mighi, however, be looked upon as anticipations of crimes in contemplation : as notices of bloodshed and murder not me. dilated by the Indians, but by others. Altho* in appearance mtr« jiredicli .ns, ihey were considered as ineffectreal mena- f ss, -*nj were not tnerefore allowed to pass without animad- version. Kemiiiks were it. con8.'.queiice published at tbe time, importing, " that the claim of the«e writers to the " character of prophets, was as yet unknown. That since " the days of miracle^ and saints, ii had been observed, that *' prophets were but of two classes, one of which derived its " light and credit from fancied and ideal inspiration, and " was olten mistaken ; while the other class obtained its ♦♦ more authentic information from its own determinations " and (•) The Indians in two or three years had heguii to etect dwellings in the neighhorhood ; procured hoes and oiler i.,strunients of agrii-ulture from the se(tlenient, and ruque-ted that a petvUm w\t to instruct il em in the truths of ohristianiiy. The peiitiou '.vas drawn, but the massacres Wijicl^ eiiaue.SprtivautcJ its being swt. i i I n ] " and was seldom wiong, because they predicted only what " tliey posseesed the power and the iticliiii'tion to tcconipltsh. " That thtse writcts, or tlieir employers, lor aught tuat " could be known, n:ight belong to this latter cla«8 of prc^ *' pbets, and possess, with others, the power to cause the " infliction of tlie evil which ihey seemed to deprecate. " But that if the coK>ny should at lust full a sacrifice to tbe " malice and treachery of its unprincipled enemies, the mo- " I'oer country would possess every means of obtaining infor- " mation, end would not be duped by any hollow pretences " of humanity, nor misled by any artifices of deceit. And *' that whatever agents might be the instruments, whatever " hands raiglit executf, their prompters and instigators " would not long remain concealed, or escape unpunished." One occurrence supposed in the p/eceding quotation has taken place ; the Colony has fallen a sacrifice to the malice o( ii,s enemies. \Vhether a: otlier supposed occurr- ence will also take place ; that is, whether the mother country will use any endeavours to discover and punish the instigators and perpetrators of tbe destruction of the colony, yet remains to be seen. In the year 18112, tlie eettlement at Red River was com- m^ ced, ia cornpr.ancj with the conditions of the grant from Vie Hudson's Cay Company tj the Easl of Selkirk. Miles IMcDonnell, !f I mmmmmmimm i 75 3 McDonnell, Esqr. formerly a Captain in the Queen's Rang- «ra, a gentleaian of unqiiestionabl* cburacter, Mat selected to conduct the undertaking, and was at the same time app pointed goveinor of the district, under the authority confer- red by the charter of the cumpany. Until the ground could be prepared, and a crop produced, i| became necessary for the govern * ence of the colony fiom the stores with which the country, even in its uncultivated state, abounded. The rivers swarmed with fish, and the plains were covered with herds of Buifa* loe and other wild cattle. The colonists gratified at the ap« pearance of the country, and apprehending qo danger of want before they should be able to obtain the necessaries of life frona the cultivation of the soil, wrote the most flattering accounts of the country to their friends in Scotland, and ad- vised and invited them to follow, (a) All things were going K on (a) About tlie close of ilip year iSI3, the governor of tlie dist'ict roa» ceived from the number of addiiinnul settlers who were expected in thQ ensuing yea , that it would be prudent for iiim to proiiibit ihe exportation of provisions out of the dj<:trtrt for some months ; aiid in tliis opinioa some officers of tii»> Hij Icon's Bay Company concurred, altlio' the mea- sure could not but be proJuctive of inconvenience to themselves. Tlie Go« Ternor accordingly issued lits proclamation to that eflect. This prohibi- tion was not partial, but general ; it operated equally against the traders of tlie Hudson's Bay Company as against others : and was considered by Uie governor to be within his competency, and to be a measure which the oecessitias of the colony would require. In consequence of this prohibi* \ f /I ^ m V) I 7* ] «n as proeperoufily and eatisfurtorily at the lettlement, e^ fouM reascnHbly have been unticipatrd, notwithbtandir g th« unexpected failure of entne of t^e seed grain, and othef •eedi, wliirh had been injured by the trantpnrtati 'n, and pew ennigrants had arrived and were arr ving, when the plant qf the North West Company in thv 'iutuuia vi li^li, wi^ia called into operation. The intentions of that company, who were in possession of a fort erected by themselves, without any right, or eves pretence of title, in the vicinity of the colony, are cutticienily explained by a letter Irom Alexander M'Donrell, one o( the partners of the Nor'.l' VV« at Company, dated the 5th August, 1814, addressed to a brother-in-law of the Honorable William McGilhvray, ai/>lher of the partners, residing in Montieal, in which the former says, " You see myself and our mutual *' fiier.J, Mr. Caiueron, bo far on our way to commence open ** hostilities tion or embars;o, suine iinndred baiis of Pemican (a preparation from Buf- fuliie meat, anil tl:e principal subsisteno' of tlit* inliaMtaiits of the coun« Irj J wliifli be!(>na;Kii to tlie North West CumiKtiiy and otliers, were sJop- |»i d from procctwins;, tind w ere taken in o ihe iMi>(od3 of Mr. Spencer, the slierifF of the Hi>tript. Bii' upon a representation of tl " extr«rne inconve> nience which ihe proprietors of tlie Pemican would suffer, tiie piincipal part of it was ord^'red to be lestored to th"- •, a-id ackpuwledgeni its giv- en lor the reinuin.ter. It was tiiis act of l.ority, hat tl.e N' -r if the hostile disposition of the nativt; Indians hud deler:nined them to destroy the settlement ? Wha iperi' ous duty rendert.) it requisite lor the North West Coiipany to anticipate tne progiess of f,iinine, or of enemies, in des- troying the coloni'«ts or iniucel that Company pramaUrely to relieve the of.tler? trom imp ndi;ig svils by tiking upnii themselves the *' 'fuan< (ask of butchering und expell ng them f Tlie m miier . wh.ch Ali x. Mel) .niull, the writer ef the above cue . acr, xpress.-'S h nisilf, ci : lei»e no doubt, that as early ? ttK t A gust I 314, a 9 uled plan nari b.=en I rmed u, on viiicli . arid Lis assoc atf s act- ed I'lring tlie cnsL-i'ig w nter a;ul sprin,-. ; and is itic dale of this Liter is iiu.iieUuiti,iy aftei ita perud of t.e g«neial K 2 meeting, J. » t C 75 I iheeting, Mrhirh the partii«>r8 of the Nnrih Wi^it Company aniiuall} hiiid at Fi>rt Will nm, near Lakt: Suiicrior, for the purp<>8t of concerting tlieii artftngcinents amuiigst them* selves and with I'teir agents from Montreal, there cun be no doubt that Meiers. Cameron and McDonnell, bad then re- Ceived tbeir laitctton fui the a glance to be taken by their servants. Wheie their ohjectt are not criminal, oaths would be superflutus, ai.d where they ♦re, wcuW be adding bacriU dge to crime. On iLia occasion tb9 f ^. ■ ■J I! ■JV t 7S 1 tfce oaths were administered in lli** ^^p^s Vnrfn of Tort W'llli.im, in thi* pipsence "1 Me srs ('unit mi ai;i MciJ.irt' tull, Mr McLeor', Hiid . tlitr pu liifrs 'llie tciuu^fc* wcie inf«H-P)»«1, til it iheir luUlts imp 'Vd. that iliey ver« to b« fuithttil lit ti e king, dtitl tn obfv .,11 il e oners which i igSit be gi%rn tln-n. by tlifir ("ommaiu'tr .Njr. C'a trim, to. th« defence t'fihe ititertsts of Uie North Wtbt 1 hie was pn ba« bly tiie (irBt time that his ISlujesty and Mr Cuint-roi. Ii.-.d aver bten uee< ciaied together when oaths were bdininiBteicd. The cngH^^s were then likewise infnruud, thiu by taking the oaths they would he extsmpted frim punio: naeiit for ui^y •cts they shonld c< mmit in obedience to thtir en.ployers on whom aliiue the respoii.nbility for ofl« nces would rest. On« of ihe eiigi!t:i'B piesent, who h.id b- en ap(.ointed one of the guides to f(»nvpy the party lo Red Uiver, when it cartie t *' gijnst them, but not Hgaintt his fellow «ii -jivts. 'Ih-il he '* would do h.8 duly t» 'In* Nortli WiS' C< nipcuiy an tbeir " servant, but wculd ni t Innrt h b ci>' fcei re l>\ ut\v lalb •* to obey thtin." 'ihxi coi.uuct t,f li..i> t. (^..^ 6 wa.' ii.t;i ly [ 79 ] laudable, and what entitles him to further praiao on this o crsJit to bis assumed auth:)rity, not menly by hi- ussur. ances that lie was invested witli tliij new divinity, but by ap. fearing iu the military cot-tuma be had nceived from A. N. £lc Lcn<}, 1 [•0 1 Mf Leod, with which he occaMonally rode through the country •ccompanied by Alexander McDonnell, also in uniform, and ft numerous suite of the Clerks and half breeds, and other ser- tants of the North West Company on horseback. The first ■tepH taken in foitherame of their hostile intentions, were to create discontents amoi^gst the worst disposed of the settlers, to excite in them a contempt of the authority of their supe- riors, the officers of the colony, and to alarm them with ac- counts of danger to be apprehended fiom the native Indianq. To these representations succeeded promises of reward to se- teral, if they would act against the settlement ; and to all other indtjcements were a . under the command cf Car.ieron, weve stationed in arms witbin the dis- tance of a few hundred feet, for the purpose cf givin;; sup. port to the plunderers ia case their force should be ir.tul?;- cient. Nine pieces of artillery were thus taken fron» tne set- tlement, and delivered t-J the North West party in waiting, who received them with shouts and triumph and conveyed them to their head qui.rters,the North West fort in the neigh- bourhood. Cameron, the Captain commainlin^, gave a ball and entertainment the following eveninj] in celebration of this achievement to the parties engaged. TI.e mutkcta i»bicli had been received frona the Board of Ordi.ance, aid ?.• J [s: t ^'i 1 ^ ■< \' lA .( li hnd been distri':ut-d to the colonists, as militia men, v;erd also taken from them as oftei. as opportunity offertd, of wht'n in the possrsaion of thnse who assisted the North \VVs( Company, were purchased from them at a less price, than u commonly puid to ihe receivers of stolen goods. A camp was afterwa-ds established at a place called Frog Plain, at about four miles distance below the settlemejit, Ly the servants and partizans of the North West Company, urx* der the com.Tiand of Alex.tnder McDonnell, another of the partners, f;)r the purpose co-operating with Canieron. In June, 1815, after the colony had been thus deprived of t!.e means of dtfence, and wa> in some measure surrounded bv its eoemies, ths whole force of Mr. Cameron's fart, consisting of bois briiles, servants, and Clerks of the North West Com- pany, sallied forth to ra-iite a combined attack on the settle- ment. Thty k?pt up a contiaue'J fire of musketry for some ti.'i-e on the governor's house and adjacent bi:ildings ; Lut fortunately in ibis attack only four persons belonging to the b?tl'ement were vviunded, one of whom died shortly after of his wounds. In a few days after this attack, the men en- camped at Frog Plain, received orrieja to mafch io t!ie set- tlement, where ihe^ erected a battery against the building, CiUed the government h;)uss on which iliey planted a part ')f lb. cani;un, wLich tl ey had [rcvioubly taker, frofii the eetlletn'?nt ) i: sM Settlement ; and balls were forged at the North West Fort, for the avowtd put p:>se , f butte: ;ng down ttie colunial biuld* Ings. In conclusion, afier a series all other circumstances are added the rewards w!u?h vyere liberally distributed to tl.e perpetratois of tbe crimes we have related, rewards of which, books of account that have been deposited in the hands of tha house of McTavish, McGillivraye, & Co. con- tain stateujents, — the light of c:>i>v':;:on must flash upon the minds of the most iacrediilauj. I ♦ m It was ahi'ut tha mi^] ila cf September, that Messrs Ca- meron and McDonnell, after sarf{itiiij» ujon tho ihanka and encomiums of the-r associates, dur:n^ their annual visit to Fort Wilham, for the services, which by their aeai and abi- lity in the destr;;rtion ot the colonies, they had re';deied to If li' §: if? ?"**y tw} Id th* Mveraignty of the Noitb West, returned to theu former poar-!, wbei e new scenes awaited ibeio. For in the autumn of 1815, the colonists r'mhad (ecA driven off, uuexpecledly returned w li an dccesaion of . , um- bers, and resumed the occupation of thtir fields at Red River. They reached their possssions in time tojiecure a vety abundant harvest, the produce of what bad been somi )>reviuas to their expulsi" \ The accession to their number! was composed partly of ne\* emigrants from Scotland, and partly of inhabitants from Canada, under the conduct of Colin Robertson, a gentleman in the service oi the Hudson'^ Biy Company. Some time afterwards, Robert Semple, Esqr. who had been appointed Gcvernor over the whole of Ibe Hudson's Bay territories, ; ved at Red River. It was now felt by the partners of the North West Com- )>any, that a more vigorous effort than the former, would alone enable them to destroy the ren vated se tlemf nt. To excite dissaffection and flow dissentions by intrigues and falsehoods, was no longer practicable, for their mteuUons and characters were itnown, and the ill diaposed amoDgst the co- , ionists who might have given assistance, had been withdrawn from the country in th; canoes ■( (ills aeiitlemaii tttvcmpaiiipd witli 1115!, enromiiims, m»y be fouml in (lie pag-es of tlie KJiiib .rsd Review ; u work amon^at wlDs,; im; lite.! defHrts, . p do not ren.ember to nave seen numberea " tli# piiuhe of ii!c uiuleserving," ;-*pr'"-. he received from-Alexander McDonnell of Qui Appelle.from Allen .\JcUonnell of F.„t Alexu.K'er, Irom JobnMcI)or:n U of La Riviere du Cygne, and other pirln rs of tlie Company, in wuich the wraers informed lim of thdr plaug to make war upon ibe colon., and desired his co-operation in sen.'ing forward a part of his f..rce to absist tbem. Campbell, in con, sequence, some time previous to the period fixed for the junction of their respective levi-s, directed a part of the men Uflder his command, to go to the general lendezvous at Qui Appelle, for the purpose, as he expres ed it, " de faire la guerre aux Anglois," of making war upon the English. (•) One cf ihe bois brules refused to go, as the object of the expedition was to raise their bauds against the lives of their fellow subjects. He was then told by Campbell, " that tie " North West Company always protected those who acted " in its support. That it was well known, that mativ had •* been guilty of crimcB to advance the interests of the Com- " pany, but that not one of them had ever been brought to " justice. That as the North West Company had before " protected, so it would continue to protect those who gave M 2 u it (•) " The RiigHsl." is the appellation bcstowevl by Uie No.th West Company, upon ihe sTvanu of the Hudson's Bay Company, and the co- loiii-ts at Red RivHr as a «('rm of reproach. Do the North West Com. pauy forget that thej are almost all of (ho same race r Or are tbey un- willina; by any clauT) of descent or couuection, lo dUgrace tUe nock from Wheiuc they sprung ? * f * 1 1 w 1 1" ^ ^■4 'I u \, *#0* '%.'• ! * k I 9ii 1 <♦ U asBistanre or acted under its command" The loi(j hrule still persisted in bis refusal. A small party, how<,ve-, consisting .,f ,even bois trules and two Canadians, vere in- duced to march to the place of rende.vous, al.ho' ecme shed teats at the prospect of the dangers that awaited them. When this party rere about to set forward, Campbell made tbem a speech, which a p.rFon present has stated to have b«en as nearly as he could recollect in the following ^vords : " Tent 2, voas ite» des Jeunes Gens et n'avcz jamais 6te ^ " aucune affaire pareille; prene, garde de vous laisser sur* *• prendre ; li.htz de bien icouter ceux qui vous commanded *' ront; et si vous venea a voi-s battre, commencez p ir leu '• prinripaux qui sont en tSte. J'ai toujours entendu diie *' qu'en guerre, que lorsque les commandants sont ides, et " H"'»« n'y k que les soldats qui rssten:, que la victoire ^oit " gugng. Et quand vous aurez fait J'affaire deg comman, « dants, vous viendrez facikment lu bout du reste ; car, H « faut absolaaient que nous ayons le Gouverneur et Mon'sr. f Robertson, ou leurs t^te?. Si vous ne pouvez pas trouver ^' une occasion de vous battr^, vous pouve. ur les An- " glois de la Colonic, et les emj^ber de sortir jusqu'a ce " que vous ayei le secours de vos hourgetisde Monti 6al, " d'Athabaska, du Lac La Pluie, et d'autres endroit£ qui " vous mettronten ^ratde detruire la colonic."— Which may b««bistrii49]atea:-" Aiteud, you are young, end havQ " never •4 \ • t 95 1 ^ never been engaged in a eimihr undertnking, tahe cart " that you be not caught napping ; pay sinct aMentiou to ♦* the orders of your commanders ; and if you come to aa *• engagement, begin with those who are at the bead. 1 have <• always ht^ard that in war, when the c.mraanders were " killed and none but the soldiers were left, the victory was ♦' gained. And wnen you have settled the business for ihe " commanders you wiP ea.ily accomplish the rest ;-for we " must absolutely have the Governo. and Mr. Robertson " or their heads. But if you find no opportunity of fighting, " you caa keep the English confined to the colony and pre- " vent their going abroad until you have ih» assistarce of " your masters from Montreal, Athabaska, Lake La Pluie " and other places, who will put y,..u in sufficient force to " destroy the colony." After ihh harangue in which the duties they were to peiform anc^ the proper mode of p .rform- ance wtre explained, the party proceeded to tiie rendeivoue McDonnells pobt at Qui Appdle. I h The Hudson's Buy Company were in possession of a post on the river Qui Appelle, in the vicinity of the North West post at which Alexander .McDonnell commanded. 1 he Ri- ver Qui Appelle, 18 one of the tributary streams of the Red River. The post established on the Qui Appelle by the Iludsoa's Bay Company was one of those u£a»Ily denominat- ed [ 94 1 ed provision Posts ; at which large quantities cf provision! were easily collected from the numerous herds of wild cat« tie which abound in the plains, aud from whence they were •ent down in boats to Red River for the use of the colony, as well as of the Hudson's Bay C< ropany. In April I816, Governor Sample having hea^d from vari« 0U9 sources, that the North West Company were collectTng forces at Qui Appelle ; and being apprehensive, lest thty shi.uld prevent the provisions expected from that quartet from arriving at the eettlement, sent oft' a gentleman of the name of Panabrun, formerly a lieutenant in the corps of Ca- nadian Voltigeurs, \vith a letter of iusiructiuns and direc- tions to proceed as fur as the Ikdion's Day post at Qui Ap» pelle, if he should consider it advibeiible. liut as certain partners of t!:e North West Company, high in cfiice in tlie piovince of Lower Canada, have thought fit to represent this letter as directing acts of lawless aggrsscion upon the North West Company, we cannot, in juatice to the reiiulaiion of the dead, lefram from laying^jefore our readers an exact co. py of it, by which they may form a juster opinion of the in- tentions and conduct of the writer : Fort Douglass, 12th Apri', 1SJ6. Mr. PAMBP.UN, Sir, " Having received intrlligence from " va:io:j8 quarter?, that the Agents cf the North West Com- " pany r ^i 1 " pany intend attempting ,o .nterrupt our boat, in theii- " passage nuna Qu. Anpelle imher, ^ou w.U proceed ag " soon as possible with tl.e n.en svbon. Mr. Ilobertson wUl " pUre under your orders to Brandon House. (•) When " there, you wHl concert with Mr. Peter F.uler. how far it " may be advisable to proceed to Qui Appelle n- n,i„ ^j •^ Brandon ; in either c.e. howeve;, the power of deciding " will rest entirely with yourself. fi V? J «* it is my wish that you carefully avoid every act of hn^ " flity. unt.1 fully justified by the conduct of our ene,nie,. '< The half breeds havin. been ordered to assemble at the '• Fort at Qui App.He, any acts of hosflity cmniitted b, " thea, must be considered as cumamtai by unme,iiate and " authorised Ag.nts of the Nu:t!. W st Company, anJ re- « peliod or reuliated arcordn,gly. I trust, h, wevcr, that •• your modf ration and the cooler rtflecti n cf your oppu. " nents, will prevent any s.rious disturbance taking place. » Should I, however, b. unforru.atdy mistaken, you will " reai.a,b.r that the .juairels in whi.h you have before tak- « eo (•) Brandon hat, .e is about half way bet^veen ReJ River and Qui f 96 1 1 «f Mil- '\ " en pnrt, may have been greatly more important, (*) but ** could Uot bf more juat. I am, sir, " youra sincerely, " llOBElir bEMPLE." Mr. Pambrun after reaching Brandon House, and after saving communicated with Mr. Fidler, ag be hud heen di« yected, considered it adviseable to go on, and accordingly proceeded to the Hudson's Bay post at Qui Appelle, ai which Mr. James Sutherland commanded. Mr. Par.ibrun there received full confirmation uf the great preparation* tb« North West Company were making. In the beginning of May following, Mr. Sutherland and Mr. Pambrun, with about twenty-two men and five boats, set otf from Qui Appelle to convey the provisions and furs they liad collected, to Red River. There were on board the boat^ bbcut six hundred bags of Pemican, twenty three packs of Furs, and above seven hundred Duffaloe Uobes, besides other property. The coui"6e of the River Qui Appelle is extremely circuit- ous, so that after the boats had proceeded nearly sixty milefl according to the Ci'urse of the river, they were st:'l only about 13 miles by land from thi> place oi embarkation. Th6 stream (♦) Mr. Pambrun was an ollioer actively emplojed ii. the Knj'lish Service diirina; tlie late American War, and rt'feived the public tlian)i» *}t bis superiors for bis conduct. ( 97 ] •treara here was rapid, and the navigation rendered dlfncuic by shoaU. About the 12t!i of M.y. wli.le th..y wer« e:n- burasged in getting through this part of the river, which was only about 50 feet wide, they were called upon to surreu ler, »nd threatened with instdn. dcdlh if they demurred, by a body of armed men *h.) had previously concealed themselves, partly in boles dug i>,to the ban';, and partly behind a kind of breast work, This body consisted of about fifty bois bru- lis and Canadians, under the coaimanrt of Cuthbart Grant, Thomas McKay, Roderick McKenzie, and Peter Pangfiian, Clerks and Ii.terpreters, in the service of the North West Company. Resistanca against so superior a f..rre would have been unavailing, had the men in the boats been in a situation to have fuught, but embarrassed as they were with the difficulties of the navigation, any resistance waa irapracti- pablp. -t * / :1 Sutherland, Pambrun, ^d their men, were in consequence made prisoners, and with the property under their charge taken once more up the river to the North West Fort at Qui Appelle, in the vicinity of the post from whence . . y had first set out. There they saw Mr. Alexander McDm- nell, the corumai der of the Tort, who inf..rmed them that it was by his order, that Grant and bis as.oci^tes had pursurd, takeu thera prisoners and seized on their property ; and de- ^ clar«d, ^^ ^ '-i f S8 J ctared, " that it was justifiable in letnliatlon for Robertson'* having Itttely taken poS'es'ion of the Ndilh West Fori near the scttloment ux Rtu Piver." At the same tini« avowing hJ8 intention of again destroving the Coloi.y. (•) The (•) It may not be improper here, to explain tlif nrcyumtam-^ alluded to in tim menace ol tlie Vottl. West Parmer. The Vorili West Post cat. 1.M F..rt Gibraltar, at tlie f.nks r.f ii,e Red R,ver (w|,l,in a mile of ii,e settlenmnt) wliicli l,ud wrved as ti.e head qnariers anda,)!um of tiie NcrtI, We,t f roes tlmt in HI5 uud dextroye.1 ibe colony, contained at ll.« tune of the tnexpecied relnrn of the i-oloni^s hut a .mall number of men ; a. tim e;reaier p,.rt of tl.n.so for-es of (he N.iril. West Company, wiiifln. dunoirtlie spring of I8i3 bad l-een quartered there, w«-e with* dra»vn after t!ie ft,,f .leMrm-tion of the colony. But M part of the arms of which the seitlement had been deprived, «iil! remained there, Colin Robertson, iig tha North West Partners to their considering themselves .ove- reigns, from the absolute dominion tb.y have traitorously as- •umed and exercised over a vast extent of country, into which their original entrance v«a» an oflV.nce against the Jaws, and of which their subsequc^ut possession has b.en maintained only by violence and bloodshed. Retnl ation. ac- cording to the North West acceptation „f the word, does not mean, as in common language, an equal infliction. F.. if such were Us signification, how could th-^ destruction of a eolony and the massacre of its inhabitants be the retaliation for aa imputed iref pass ? McDonnell the purpose ol hein^ sent from tiieuce to Rn.bn.l, where he will, n<, doubt, receive perfect justice at li.e liands of ao impartial tribunal. The North West Compa.- '. servants after the arrest of Cameron quitted tlm for., but .lecliMed then reuovinjj certain packs of f„rs and other a tU ties, of which an inventory wa. t :,.r«fore made, and tenderal tothem The Fort was afterwards taken to pier.s, that it micht not «-rve as a future a.jln.n to destroyer,, of colonies, and l:,int.rs of men. Yei not tint.1 .he couduM of th- .V., , Wes- C.rr.pany re..d«r«a .t necessary us a measure of prec«u:ion iu seif dcitiue. f i i McDonnell, however, was not eut'.bfied with a sii(gle 'fe. claration of hi» deteiiniiialion lo exlerniinate ;' . cokny, but espregsed his intentions rrpeutedly and openly. His mo- tives for thus publishing the plan he hnd In view, before it« execution, and under circumstances which did not alwuyt a' solutely re(|uire its open avowa', would seem to have beea to familiarize his follcwirs to his pr.ij*ct, to irspire ifcem with confidence in its succets, and to rec'tncile tl em to the! commission of the atrccititb necessarj for its accominplish. ment. Mr. Fumbrun, was detaned a piisonerat the North West Fort at (.^ui Afptlle, for no in puted ofience, with- oui warrant, and without auil-ority, until about the end of May, 1816, when all the expected levies of McDonnell had orrived. He wa» tlieu diiected to embark on bcaid one of the boats { rovidid for the conveyance of a part of the forc« to be employed in the war of extermination against the set- tieraent, while the rcir.ainder of the force travelltd on horee- back, and escorted the boats nkvg the river. These boati Alexander McDonnell caused to be loaded with the furs and provisions wlilch he hud taken about the Igih May from Mr. I ambrua hnd his ajiociates, and then he himself em* barked as Commander in Chief of the expedition. During the voyage, the Commander ii.formed his followers, " that • the business of the latt year at Red River was a mere triflt " W comparison with what would lake place there this year* « that f 1 » •' that the rCorth West C.mpdr.y and boi, bruits were " one «:>d the Bume, tbat tbo buis bruli's we.e his light " troops." M'hen the expedition had arrived as far as the forks ot <58si:.iboyne River, they were iiiel by a Cliief of the Suutoux nation of Indians with his bund, l., these, Alexander Mc- Donnell nude a speech, importing that " the English," meaning the settlers At Red River, and the -"rvants of the IJudson's Bay Company, " were ii\juring the lands which " belonged Iti the Indians and bois bruits only. That the « Engliti, were driving away the H«flal„e, and would renar r '* the Indians poor and wretched ; but that the North West " Company would expel them, since the Indians did not " choose to do It. That in case of resistance, the g.oui.d " should be drenched with the blood of the settlers, and not " one should be gpared. That the North West Company " did not need the aEsistaticcof tha Indians to accomplish " their designs ; but yet, he would, nevertheless, be glad if *' some of their ycung ujen would join iiUi!." The solicitations of the Nortti West Company to obtrfio the co-operation of the Indians tn their attacks upcn the Co- lony, had been always iceflVctaal, C) And i. e n.iives ,____. «efm . (•> lo tiie monti, of .luh ISI«,i,. u cumcl helj lefore the Indian de. jartment m Dr „n,„<-::.iV Inland, near UVt' .Sup-rinr in t!,e pre..*«.e of ti.!at.Col..Maulc,frs*Ua.t, Lt.Col. 1-cKa;-, SMporimeaUi.a c;f Irdian^ f I ' K % i . i\ [ JOS J f«em even to have been aware, that if they altowed them- felves to be ubcd as the instruments *.f crime, their employ, •rs would not hive the cafcdor to assume any portion of the guilt, but would in such a case ende ivor to tljrow the entire infamy Airairs, John Askin, and others, a rieclnraiion wns made by Kamwa. fcetay. an Indian Chief of Fon.l du Luc, ia.poniiig that lie Ud been aoli- i-ite,| I),- some ..I the Norlli West C,.mpHn> , ,„ Ie,„| his ,:a,i„,, to ^.^^^ war upon, and destroy th« Rtigjish Colony at Red River, Thut he tiad been offered all the Roods in three of tlieir stores as a reward, .f he w oulj undertake this service. That he had refused their ofTer, a.id dedined taking arms a-ainst the colnny, until he knew wheti.er it would be sa- tisfaetor, to the Indian de,.artmenl, and his Great Fi.lher on the „tl,er side of the e;real lake. That he was some months afterwards offered n bribe if he woi Id cause hear-js of dispatches to the c.)h.ny to be i„ter- Cepted by any of his people, and robbed of their papers, or mnroerehe robbery ol the -lispatches, which he declined, other, were proi cured to perform in consequence of uireriioi.s Irom A. W. AlcLetKl an4 other partners. The Nonh West Company have endeavored to co.npar. this infamous and felonious tratisaction with tiies e,, taken by Governor Semple in the arrest of the letter carrier at Red Ri^^r. Ami their usual felicity In establishing equal charges and e,ual ^„.,.s between the nVa/ CompanU, lias attended thea, here. TI.e bearer of letter, in Governor Semple's case, was legally arrested afier evidence Riven, that .he „„pers he carried contained plans of destruction and recnm.ne,Ki..tio„s of n-ur- der and crime : Thee letters were puhlhkly a„d olliciallv opened a d examined, and their conients sup o ted a,„l pr„v,-d the „ulh of the evi- dence which had been iriven But in the pre.em inw,a„ce, no evidence Was taken. The bearer of the dispatches from a peer to the Governor Of the Ifudson's Pay t-rriiorie. »,as not arre.hd, but directions were giv- en by McLeud and others imporlmir, , ,«, be siionid be robbed of hU papers. He was in conseq.ience beaten and robbed not of his papers only, but of other properly aNo. Tue dispatches, ih„s feloniously obtuhied, wee ,n cnnfnrmiiy to the directions given, clandestinely oonvercd to Fort William, aud the.e opened, nut iu public, hut in a secret conclave of \ ' r 103 1 iofdmy from tliemselvts upon their auxiliaries ; from tbfl •pint which guide i, upon the machine which only exuruttd. A mode ot procedure, which in the unsophisticdttd ju Jg- taent of savages, would not item perfectly coubjstcnt wub the principles of justice. As soon as the expedition under McDonnell had advanc- ed to viivna a few mileJ of the Hudson's Buy Company's post at Brandon IJouse, Cuthbert Grant was detached from the main body at the head of ab»»ut 25 men, witu orders to take the foit, and plunder it of a!l the pioperty it contained. A service which G'ant effectually peMormed, by pillaging thj post ni,t or.l> of the goods, provisions, and furs, belong- ing to the Hudson's Bay r«nipany ; but also of the artic'ei of private property belonging to the individuals there, al- niost all of which, with the exception of the furs, were dissiri- buted as rewards amongst the servants of the North West Company, Canadians, as well as boirf brules, under the com- mand of MtDunnell. Af(.'r of the partners. Tliey contained nothing but wiiat was iioiioruhle to llie cliuraeter and humanity of tiie Farl of Selkirii and others, of whot.e letters tliey consisted, Tliey remained ut Fort William' nnder the in.spee- tioi of the //un»ra6/e William McGillivray, one of tim partners, and a Member of His .Alajesty'* CouiKil for the Province of Lower Canada, and would never again have heeu seen or heard of, had not WiUj,im MeGiN livray and Ui- [urtnerB been arrested ; al'cer whieh, tlie plai-e where ihs disjiatiies were seoreied, in a closi t in the Council Ro.im at Fort William, wan puiuted out to Uie Earl of Selkirk by Daniel M'Kenzie, on« of the {iar(L.er!>i (", H< i> i 104 ) After the achievement of this conquest, the e-. edition proceeded onwaids. .McDoni.ell divided his force into smal- ler bodies, over waich Cutubert Grant, Laserpe, Alexander Fraser, and Antoina llojle, were appointed commanders ; and one Seraphia Lamar, acted as aacond in cammand over the whole* About the lG.h of Juns, the expedition reached a placi ealled Portages dea Prairies, at the distance of about sixty Irtles from the Colony at Red River, the intended scene of ' hoMile operations. They halted at Portage des Prairies nearly two days, during which time the bags of Pemicaa were brought ashore, and so arranged as to form a rampart, which was guarded by two brass swivels, part of the arms taken froni ihe sett'.e.-nent the year before. About the tia:e they reached Portage des Prairies, an In- dian arrived at the setllement, bringing imdligence of the expedition, and its proposed object. As soon as the Indians ij.ound the settlement heard of this, two of the Chiefs went to hold a cour.cil with the governor, saying they were come to take their faihe.'s advice, and requesting to ki.ow from him in 'vh.it manner they were to act. Tliey added that they were c--rtain he would be attackedy and if their assist- ar.ce bhonld be wanted, they ar.d their young men wodd be feady to defend hijfl. Governcr Scrcpb uily desired therr> not iV [ JOS] not to interfere. Ills nutivfs wouU seera to have been in part, CO!' rations of huioanity to prevent the commisdion of cruol'ij uy psrams, overwhi)3e reseimieit, it he accept* ed their aiJ, he could not have pissesssd a perfect conrn 1 ; ^nd in pait a regui to his ;wn character, which w mid have \ieon liable to unjust aspersions, by Uving the arms of Indians agiiinst the saijjeets of his ow;i ciantry. Besides whatever repre8entati;;n3 mi,ht have b3eti made to him, respecting the determioiti 'n tq expsS the olony, ha coulJ never liave cantemplatej the pf^ssibility of so barbarous aid wanton a massacre as that in which be and his people were sacrifi- ced. The next morning the Indian Chiefs ca^ne again, and told the governor they wers afraid he would be driven away, and that ia c )n8?q;ience they should ba made miserable. They th.-n reauegted hmi, les. such aa event should hapnen, to give them ammuiiili/n to support their families during the gum ner. The governor replied, that he could not fear the people they represented as corang, but as nothing was certain in this life, he should, order them a sufficiency of am- ma:iition for their summer's suport. How di.ferent was his conduct in rejecting the liJ of Indian auxiliaries, wtiere they voluptarly o.iered thnr as.istapce, and wiiere it wou'd have been hwf^l for him to hav« acceptjd it, from the Irea- sonabla conduct of the North West Company, in endeavour- ing to excite thi Chitf Katawabetay and others, to lead their nations to maka war upon the Colony ? ! I . o Oa ?.«»- ill I ICO] On the 18th of June, McD,„nell the Co.-nmander in Chie( detached a body of about 70 ho semen, under the orders of Grant, Lagerpe, Fraser, Hoole, and Thomas M'Kay, with di- rectiona to attack the colony, and remained himself with tha rest .fhis force, ard ail th. property under his care, at the Portage des Praines. Cuthb^.t Grant now assumed the chief command of this detachmen, which waa accompanied l>.y tw.) carts of provJsiong, and proceeded on horseback through M,e plains and r^eadows of this delightful region, (heretofore represented by the North West Company as lu. capable of affjrding subsistence) until about 5 o'clock in the afternoon of the ;9thof June, when they reached the colony at Red River, henceforth deserving the name of the River of Blood. Imme/Mately on arriving at the first habitations, th^y commenced their operations by making prisontrs of the set- tiers ; when a man, stationed as a watchman on an elevated part of the fort or government house, called Fori D.uglass, gave an intimation to the governor, of the approach of a body of men apparently in arms. The governor and some others then endeavored to reconnoitre them with a spy glass, and distinctly perceived some armed men on horseback. Not being aware of their numbers and hoping by hi, appearance with a gudrd, as well as by his authority, to prevent an^ in- jury : 0-.: I 107] jury to the colonists, if the strangers were hostilely incli led, the Governor called out in the presence of gome who are yet living, to attest the truth of the facts rJated, « we must go and meet these people, let twenty men follow me." There were at that time in the government house about sixty men, all of whom would readily have accompanied him if he had Ttquii d it, for he was much beloved, and his people always showed such perfect willingness to execute his wishes, that he ratl^er found it necessary to repress, than to excite their ardor in his service. But as he knew not the amount of the force advancing to the settlement, he did not conceive it necessary to direct a greater number than twenty to attend him. 1J«, however, called upon no one individually : but upon the first intimation of his wishes, between twenty and thirty of the persons pre«nt instantly took their arms and Bccompanied him. They had not proceeded far, when they were met by seseml of the colonists running towards them in dismay, and calling out-" the North West Comjany," " the half-breeds !" I 'J The habitations of tfie colonists were between the road of the settlement and the river, and avenues from the dwelling, of the settlers led into the road. Tha Governor and bis party continued to advance along this road to the distance of ab.ut half a aile f.ci, Fort Doualass, ^hen some persons 02 ^a [ 108 1 ! on horseback were eeen just beliinH a point of woods, and od a little nearer approach, tlie party of cavalr\ , tliho* all wore' not yet in sight, apprured more lunerrus than hud been at first imagined. The Governor, in conEeque net, ordered his paity to halt, and directed one of his men to return to the government hruse for a sreall piece cf crdnfance which was there. But almost immediately ufter, without waiting the return of the person he hai sent back, the G«;verror again desired them to advance. They had procfeced but a little farther, when the entire body of bois brulfeo urd Canadiati seivants of the North West Company, now Seen alf^gether fui the first time, came forward. The bois biules were in the dreases of Ir.dian Warriors, witFi their faces hideously painteiJ. The numb«r3 and appearance of this body excited irstartly the most serious apprehensions of danger in the Governor and nis party. They had befire been i.dvancing aljng the road in single file, but upon the sig'n which now presented iisclf to them, ihey immediately, and by commoa impulse, without any direciio'.iB being given, extended them- stlvts into a line across the road, so us to present a larger front to the h-rsemen, and began to retreat by walking back- wards. 1 he body cf cavalry perceiving their situation and intentions, and, of course, foreseeing a very speedy and suc- cessful termination to tleir expedition, rode up to ttiem at a gallop, and to prevent their esrape, formed around them in [ 1C9 I #v a semi circle to the numUrof between sixty and seventy. (•) Any fiirllicr letreat was r.ow iuipruclicaHe. As «K)n as th« liorserren had taken their position round the goveinirV par- ty, one of thpir number, a Canadian in the North West Com- ppny's service, of the name of Houche, rode up to the go- vfernor from the enemy's line, waving hia hand, and calling oUt " what do you want?" to which the governor rtpiiod, " what do i;ou want i" liOncLG having now come up to tha Governor, Said, " we w^mtour fort." Upon which toe {jo. v-^rnor answered, *' go to your fort." " You," retorted B )u. c! 6, " have destroyed our fort, you damned rascal !"— " Scoundrel," said Governor Semplo, " dare you call mo so ?" Bouchc then told ^lim, tliat if he did not imia.edialely dfcliver up his arms and tho^e of his at:er.dant>, they should be instantly put to death. The governor seized hohi of Boa- 4 che's bridle, and Bouche sprung from his horse, and r.iado tnvards hia companions. A shot was initantly fiied, by \vhich Lieut. Holt one of Governor Sample's party was kilN e'!. Another succeeded, by which the Giverhor was wr n I- e^, who culled out to his men, " do what ycu can to take care of yourselves." The greater part of them, instead of ptovidinj5 (•) B'jfore tlie approarli of Governor Semple's pariy had been seen by them, the sTvautsof t!io Norili \Ve«t Company liiiJ t;ike:i prisoners Alexi atiiler Murray, an 1 Iiis wife, two pl;ildreii of Wm. Dannennaii, ar.d Al- exander Siitlierlatid jukI others, si'ti!er^,aim A»a'jay Ali'BoauUl, a scr« vant at the setllemeut. [110] t i ' ( i pioviding for their own eafety, at once afTeciionately gatlie^ ed round him lo le.irn wha. injury he had received. While they were thu collected together in the cent e, the surround* iiig cavalry poored a volley of musketry upon the a, which killed gevKra!, and wounded the greater number ; a few shots w.Iy were retime.!, by which but one of the assuilaMs v.ui killed. The cavalry gallop^, to be on one tide all elaughtered, .are one ; and on the other side, to number but one amongst the slain. It will aUo he remarked, that in battles, it is not usual for every wound to be mortal. It i, well established, that many were only wounded when the horsemen gallopped upon them, and con- •uramated the work unfinished. Governor Scrapie himself was not killed, (if we believe the acknowledgment of kime of the murderers, corroborated by a statement made by the Honorable William McGiUivray,) until Grant, the com- inand.ng officer, had ridden Up to him, &nd had heard hi.n tuy, that he did not think himself mortally wounded, and {hat if taken to the fort, he thought he raiglit recover. Captain ilogers, R. E. having fallen, rose up, and culling f,.r nicrcy, was shot through the head by one, hnd cut open by another; The others were butchered with equal cruelty. The same William McGiUivray, who ia generally called the head of the North West Company, in a letter Tom Fort William, containing the statement just alluded to, expresses his satisfaction, that none of his people (meaning ihe ser- vants of the North West Corarany,) were within L.mdieda of miles at the time the massacre took f lace. It is unfor- tunate, that this Honorable gentleman had forgotten, that in the same letter ha had just before spoken of what had passed between fcjtween Cuthbert Grant and Governor Setxitile ; (•) and had also forgotten, that Cutbi^ert Griint was oue of the Gierke of the Nortb West CuRipany. I* i V ! : If Governor Semple had been as rash and cruel as he wat considerate snd bun^aae, he could never be supposed such a madman, as to commence an attack upott eo superior a force* It is true that the law would have justified, and, if he bad possess d (•) It is likewise unfortunate for t\xn reputatiaii of Mr. Wm. McGil livray and tlie creiit of liis letter, t'lat soine of tli; CaaaJlaa Mrvaiit^ of tiie Nortu West Coinpany, after coiifessiu^ that tiiey were amongst the party under Cuthbert Grant, should liave heea taken in Fort William, (after his Mr. McGiUivray 's arrest, and that o; most of his partners there) and should tiuve heen coniinitieJ to prison at Montreal, under warrants from Lord S.iiiiiric. It m unfortunate, that the wine CanaJiun servants should have confu^sel that they, with other persons concerned in tha coinniissioQ of these barbarities, had conveyed to Fort William, then an* der the supreme control and sujieriniendanoe of the same William MoGil« livray, and had delivered liiere for the Vorth West Company, that part of the plunder taken at Qui Appelle, at Brandon House, and at Red River, whJdi had not been ditributed among tne robbers and murderers. It it siill more uifortunate, that the same Honorable William McGillivray liLould have torgot'en, that as a magistrate, it was his duty not to allow the fort wliere he presided to become an asylum or re:idezvous for baa* diiti or murderer*;. Of a receptacle for their plunder ; and tliat on the con- trary, instead of receiving the spoils, and allowing shelter to the murder- ers, he was bound to have secured the criminals, and to have discloseil the crimct ; unless indeed the disclosure should have implicated his owo jierson— in wliicli ca«e, silence could not e punisliable, since by law, no man is ohlisjed to be^sr witness against liimself. Amongst othor spoils, a vast nuiiiher of packs of furs, of wiiich the Hud^^on's Bay posts had been plundered, were delivered by the servants of the North West Com- pany at Fort William, About forty of thest have be«n sent down by tb« Fail of Selki k totiie SuerijQT of the dtarid of MumrtieU; to be kept by him in sale custo^}'. [ 113 J possessed sufficient numbers, his duty would have required,. tU ♦ in orJer to protect ibe clony, he shuuld h.ve ait .eked the invaders who wtre maki;jg the ddcncelew seiUtrs pr.- aoners. but altr.o' the law «ould iuwe juatificd his uttdck. ing them, yet such a measure, in his circumnances, would have be.n 8o inconsistent wjth prudence, so irreccnciliable to the slightest reg,,rd to his o*n life, or the l.ves of his peo- pie, that no une. except an Advocate of North West princi- p!o9 and practice would give amoaje.it' mentof the kind. 6 credit to any state* ' u Among tho slain nn this occasion besides the Governor, and Capt. Itogers, R. E. „cre Mr. Alexander McLean, Mr! James White, Surgeon; Mr. J. P. Wilkinson, private Sec- ietury f» the Governor; Lieut. Holt, of the Swedish Navy, Mr. Adam Sutherland, Robert Sutherland, Henry Sinclair; James Moore. Ja-nes Gardner. John G.een. George McKen' zie, Daniel Dunevan, Duncan McNaughton, Duncan M'Don. ell, and five others. Theblain, many of whom weio barbarously mangled, were left unburi.d for :;east8 and birds to ga^e and feed upon. A small number of the native Indians, who had lingered ir. the neighborhood, uppn hearing of th*s dreadful catastrophe, visiied the spot, a, d ventured to com-nit a few of the bodies toa g.ave. But their apprehensions ot the resentment of the >ic'.or., prevent.d their removing more than a part of the \ dead J It h I 114 1 ita4 { *he otfaf 8 rptrained e - rosed upon thp gr< and whe/« thty fell. 'r».fe Surgeon, Mr. Jaires White, was among the in il.ttr of tlj.sr burit^ hy the 1: dians. He had a fine gir- der, whitb had long he«n an otj ct of their sitrprite ana a^- miratinn. They were naurh attached lo him ; and as a laat and peculiar mark of their affecli.m, they buried him at a dis* ta.-ce from the rest, unS m the garden be had cuhivated. (•) >.fter tLr matnacre, Cuthbert Grant, the commBnder of the North West forcet, on the occasion, informed the person whose life had been spartd, that he intended to^ttack the fort that night, and in case he met with the slightest resist- ance, that a gentral massacre «bould ensue. «• You see " said le, " l^e litUt quarUr ut haxcthoun you, and now if any •' further resistance is made, neither man, woman, nor child " sLall be spar^J." The person to vhom this was addrea- _ sed (•) Tiiepemn win. I.ud be^ii ent l.ark hy Governor S«mpl« for (lie ea->Pon, did not rpfirn wiih it. Shortly aftt-r he left the fort with it, he heard t!'R firitie, which »«,« toon siiccee.led by perfect quief. Coiicelvl.ig therefore, tl.al all m st be over. I* desired a person who had joined him ai« an af=si«latit, to convey it back to the fort. * He iben moved cautiously forw r '«. to ascertain the fatal result, wbich bis fears bad led bim toap. prehcnd. t.ikinsr c;.re to keep so near Iht fort as lo he able to save him- self by flioht. He ohverved the horses fe^iqg;, iheir rMem liavinp dis. mouiitetance, who called out ti bin, « ■ om eovernor want's you,"-" wont '• yosi rotre and «p«ak to your eovernor V When finding Mm not in- clined to anpr-ich ne.irer, several kuu* were fired at bim, ,'rd a hall pn<|. •ed thro' his thieb. N.twiditM ulino; his wound, lis had «fill i"-v.n-t\\ to run to (he fort, which be reached and lav there until t •; ,< m r., ., whfn it wac elivered up lo the luutderers, wlio received it on behaUcf tie North West Compu;;}-. I r n3] led, ask-J if (here werr , m,„n. of suving t' ,. ,.,r w..m-(i Md children ; and fi n.„., i„ F.-aser. aiothsr of their o J.c r«, lotrfated hiai to Uke puy ,n .n the p.urw.mi.n in th« iiam. of his deceased utiier. wbt.se cuantry-wo ner, t,ey were. Aftt. »..n(iidehberaii m, r, ant sa-d, xUm if ihey da- l.vered all t!. .t he Callt J the public property, he # ,aM :,n.,^ Iheai ti d>;pirt in peace ; a ,J wm'i give t .em a saJe .••- cort, nnlil ih .7 ha 1 pacjed ihe .v.rth West C 1 upiny's tran in Lake Winipeg, at the same time observinj. that sucb •n escort would be necessary to protect the settlers f.am two other aax^li.ry parties of hah breeds, that *e,e n.omen. tarily e.tpected to come up the river. 0.,e of ih.se part.as. as Grant stated, was comijundeJ by Mr. WiSIia.n Slia», fend the other by Simon McG.Uivray, sou of the II jn. \V.a, WcGillivray. (•) V The prisoner, Wt hit bWti earnest eoiintatJois and upon bis salemn promiies to deli/er himself again into the baaJ. of his keep-ri, and after bearing that he was to be put to ileath by the moSt cruel tortures, if be forfeited bis engape". went, was at length permitted to visit the fo.t, and to usi P '^ bi. (•) T' hai been sugae.ted „, possible, .l;at Mr. Gra.,t ..H^iu he mi«. taken i. the degree of relufim.ship wRmmjur between these two perwns, and that this Si.ion instead of b.inir li,.. son. might- he ohlv tae n^phevr of the person mentioned as his f.tner. If |,owp> er, Mr. (irHnt b« in er- ror, we are not suBlciently v«r«.d in " bui. brule" gHnealo^y to correct Vr \, ¥ ,! ! » t m 1 bis endeavours to prevail upi.n all the settlers to surrender theniaelves immediately, as ih.ir o;,ly u^eans of eacaiing a general slaughter. The prisoner then went to fort Dougln,, xvhere many of the colonists h.d taken refuge, and «here a scene of distress was presented to his view, such as he declared himsdf un. equal to describe. The wives, ctwldreu, and relatives of the slain, were there collected, mourning for the dead, despair- '..ing for the living, and in agonies of horror, such as can be expressed by no language, nor even imaged, but by the minds of those on whom the .Umighty has permitted an equal vi- sitatlon. Nor was death itself the severest i.flicMon they had been induced to dread. Alexander McD..nnell had encouraged hh men to expect more than pluuHer, as the reward of con- MU3st ; and l>ad promised thera the gratification of their bru- tal desires with the wives and daughters of the settlers, further incitement. as a 'I*l.e fort did not contain a much greater number of men, ?ban those who had been already killed or taken. Could it] tl)erefore, be doubted that th.y would accept of securi.y on almost anv terr..s ? A few visits between the fort and the' feead quurte.s of Cuthbert Grant, enabled the prisoner tear- range furl range iLe terms of surrender. Foit Douglafts, the hablta. tions of the settlers, and tlie property were giveu up, and 4 kind of capitulation was signed b^- the comiaaader of thia detacliment of the North West forces, in the following form; " Received on account of the North West Company, by " roe, Cuthbert Grant, Clerk for the North West Company, " acting for the North West Company ," The protections given by the same commander, were io the folk wing form : " Ti»i3 is to ceitify, that- behaved hcno- *' rably towards the North West Company," (Signed) "CUTHBERT GRANT, " Clerk to the North West Company." it would seem from these protefctions, that conduct meet- iiig the approbation of the North West Company, constitu- ted the only title to security in those countries. And it can Btarcely be supposed that any course of action, however justifiable, could obtain their approbation, unls., it were in allegiance to their sovereignty and in ^conformity to iheii' intresrs. The precise mode in which the destruction of the colony '»U8 to bs effected, couhl n.t have bee,, foreseen by McDon, :, nell, ! is*- r ^■■i ^1K ■' \ tun nell, nor could he ha\e expected that Lis object would havl been bo speedily accompHsbed. The instructions which he gavij when he sent off the de- tachnaent under Grant, front Portage des Prairies, were adap* ted for a more protracted warfare. Acccirding lo a lela^ tion given by one of the persons concerns! in the massacre, who is now in prison in Montreal, McDonndl's plan was first to make as m uy of the cokni ts prisoners tts possible, and i.o difficulty could be apprehended in taking all, except th )ic who might obtain refuge In the fort ; to encorpass the fmt after this should be done, and to sbojt every person who ehould leave it, either to procure water from the river, or to obtain food, or for any other purpose. As McDonnell had taken the whole stock of provisions that were going down from Qui Appelle to the settlement, it was not imagined that the fort cou'd resist for any length of time. The pri- soners first taken, were to be sent to McDonnell, at Ptommandini [119 3 ^ommardinp offi-er, nor to prevent his deviating from the Our^e presc r>be J. if any u.forseen occurences, or fortuitoui combinati<.D..f circumstances shoulJ aflford a more ea«y and expfduious mode of obtair^ng the result »o ardently desired -the Jest. ucti.n of the colony. The unexpected appear- ance of Governor Semple, wuh a Lm.ll party, when Grant had yet made pnly a few prisoners, offered an opportunity too favorable to be rejected, of teriiinating the affair it, which they were engaged ; a.d the governo.'s retreat wm prevented, and himself and his partj^ were cut off iu the man- ner we haye before related. m A messenger was dispatched the day following the mas. •acre, to acquaint .McDonnell with the success of his detach. ment. The intelligence was given to IMcDonnell, in the presence of Seraphin Lamar, and two or three others. The extravagance of their exultation, upon hearing it, exceeded description ; they shouted v/ith joy ; and RIcDonnell him- •elf rushed amongst his men v;ith frantic delight, shaking them by the hand, and exclaiming, " Sacre nom du'un Dieu ! Vingt deux des ^»glois de tuis." Perfect truth uould have allowed him to have stated one less than " vingt-deux," but we arc not surprised that he added one to the amount of the sarafice. On the other hand, we are rather astonished, thsi the excess of hia latisfciction produced no greater exag-. geraiion [ J20] geration of the number immolated. The men then enquired what lo83 bad been sustained by Grant's parly ; and on be- ing informed that one had been killed, a relation of the de- ceased declared, that the colonists ought all to be put to death ; and MtDonrell dispatched a messenger to Grant, directing him not to send any of them oft", until he should ar- rive and determine upon future proceedings. The prisoner, however, whose prayers had prevailed upon the murderers to spare the survivors, still fearing frcm the menaces uttered, notwithstanding Grant's promised protection, that the men would be butchered, and the females violated, urged every entreaty to induce the captors to hast- en the departure of the colonists, whoiu they had declared their determination to expel. But notv.ithstanding theec en- treatiL^s, the cj^piives were not permitted to remove, until the SherilT observed to Grant, that it was evident McDon- nell intended to defraud him of the honor of the day ; and if McDonnell arrived before the departuio of the settltrs, he would claim all the glory of the conquesi for himself. This leniark touched, as was intended, the pride of the murderer, and he thereupon declared that he would keep his word, and tb*i his piiiOiiers should go at once. The v.Tctc!;ed colonists wcv." in-nacdiaicly embarked ir* canoeSt I '21 ] fianoes, to the number, including men, women and children, of nearly two hundred soub. with scarce provision, for a third part of their journey ta Hudson's Bay. Um to tnem any escape from ruffuns, whose hands w.re enbrjed ia tha tlood of their relations and friends, and who appeared still to hunger for fu.thcr slau^jhter, seemed dfs:rable at the mo- went, to whatever other evil? it Jiould expose them. When, therefore, McDonnell arrived from Portage cics Prairies, wuh tbe plunder wiiica had been previously laken, he had to suffer the disappomtment of finding his prey de- parted ; a di-^appoint aeat, which, i^ may be presumed, was somewhat Ie8se.;ed by the speedy appearance of a fellow- Uborer in the fi.lds of fame, Archibald Norman McLeod, Ksquire, a partner of ihe house of .McTavish, McGillivrays, ^ Ci^. and a Justice of the Peace for the Indian Territories, who rea: associdtes before his arrival, wh^ch hid fears might have vhigpered, would be attended with deby, difficulty or dan- gor, even to their united force. On the secoiid day after the settlers were driven froi, Red feive:, their T>rogres3 was arrested by McLeod, who detain. W them, notwithstanding heir distress for provisions, nearly Uo days, unta. h. hud searched tbdr canoes and plundered them of the manuDcripts, belonging to the late Governor, and the papers and B ^oks of Accounts relating to the Colo. ny, which Uio murderers had albwed them to retain. Mc ^« Leod { 124 J leod also kept as prisoners five of the persons who hud beeo driven from the settlement, whose names are, Jolm Pritchard, John Burke, Daniel McLeod, Patrick Corcoran, and Michael Ileyden. Tlie canoes were then allowed to proceed. By this act the North Weet Justice b.came inadveitenfly instru- mental to the disclosu;e of his own g.jilt, and that of hii as. •ociatcs, for had thes. five not been prevented from proceed, ing, they might not have been afterwards fajard of; but by Ihoir detention, evidence has been sec .^d, which otherwise woula have bf en deficient ; or would Lave been withheld unr til after so long a time hud el.ip td, as would have enabled the guilty to have secured the silence of others whose infor- mationl.;i8 been equally iicportant. Under thet. cirtlim- etarxfs, it wruld reqi.ire no unusual strergth of faith to be- lieve that the No-th West Ji slice u.'ted on this occasion, un* dff the influence of that mental blindness and iraUecility^ mtii whiih the guJ.y are of..;n visited Ly Providence to f4. cilitate the t^isccver) of crinjs. Ihose ^vp whom M'I.eod had kept prisoners, were after va- rious delays, and some of thera after being put in irons, convey. id to Fort William. On their ^^ a> they s, metmes. heard the , recent events discussed, and cne ni^ht when none tf them ^ertprobabJy supposed to be attrrding, a North W e:t parti-er remarked to another, that the daughter of Governor Semple an<) 'iia i 1^3 3 and bis people was a ^lery bold proceeding, and that thoir conduct might have been easily represented in such a mode as to earape censure, if tl.ey had not sacrinced so man^ Uvea, True, answered the other, but it may be saiJ that be camj out tii attack us, und met his fate. This Partner h.13 not been mistaken : the allegation ha» been made ; and the supporters of Cuthbert Grant and his associates, have even pretended to give the allegation credit, however absurd it may seem to those who have knowQ Sernple, and who know the adversaries; to those who con- •idrr that the avowed object of McDonoell s expedition, for which he had long been collectiiis forces, was the destruc tion of the colony ; to those who consider that the number of taen with S.mple di- not amount to tUrty, while the nu!a. ber of their adversaries wa.^ nearly seventy ; tu ibose who re. fleet that ti.e adversaries were on horseback, and could ea.t. ly have eluded pursuit, while Semple's party wpre on foot, and possessed no means of escape. Not far f.om the time when these five pers ns reached Fort William, AIcLeod, himself, arrived there ; and a part of the mu derers aiso <;a.T.e, bringing a portion of tha ^lund.^r that had been reser. ved for the North West Company, which after bting in -c-c ted by one of the Paitners of the Company, was deposited in the Fort. It had i,een oL*.>rved by one of llw Partnere, op'.-n s • upon ueing the a{jpr;'ach of the canoss to the Fort, that, if they brought good news. F Ates would be g.ven in conse. quence. It could not be presumed that the receipt of the plunder a»d the accon-plishment of the event which the partners had been so bug labor,ng to produce, would be ccor eidered as other than fortunate occurrences ; and according. ly, the plare hi came a scene of festivity and rejoicing. Songs of triumph were also composed, i.i c.tiimcmorat^on of the slaughter of Governor Semple and his pa> ty Of thcee, only one, has >et been forwarded from Fort William. Mo^ Leod soon after left the fort anew, to prosecute in oibwF qwarters the interests of tne concern. We have thus briefly narrated the second consarr.malion of the cimplete downfall oi the colony, mentioned in i!e letter of Alexander McDonnell, as aa obj.'ct of desire, whatever oieaos mighi be requisite for its uccon;pli!> Anient. The confer ts of this letter, cr at least the objects it p;o. poses, could not have b»en kep; a erret frgu. olhtr mercbere of the game co par nerahip, or have been received by the:n with disapprobation, because the roursn of conduct requisite for the attainment of the enJs it digclases, was lo;,g |,ersisied in ; and after pruducing at the expense of Lloodand treasure, the dm expulsion of the colonists, w.'s again re re wed w'th mora foriuidaiJe fwcce ujon the re establishment of the cd. loiiy^ f i^^7 } iony, and „as pro^eruteJ wiih mora wanton outragei, ao^ mare barbarous cruelty. Cao a be pr.ienJed that act, .a fr.q.ier.lly re;>eated ; pl.n3 pur.ucl f.r years wuh such con. linued and onremilt -d p.ra.ver.nce ; project, wh.ch r.quir. cd £0 much co,uL;na o,.. power, and un.niioi:y ; attempt. •' full c( Ubour, expeuc., and danger ; were the unknown, Unauthorised, and unaiJed operation, o" only two or three Pirinera. unJ their .ervanU, out of a num'arou8 and jc,ot concern ? If .he others h.d disapproved, bow could these fe« luve concealed their condact, or ho* could they have e,. raped the reprobation of their m ,re virtu.ua associates . How woul i they have dared to i„.«r alone .he enonnous re,. P >nsibiluy ? And Low. and why should they have supported tbe entire exp.nca. sk.c. th.y .ere not to receive the enti.e a.ivant.ge. but could o.ly obuio it for the common inter- e-'t ? The p:ete.ce .f suc.h e.Ueme ignorance or, .he partof th. other a33ocutc3 in the concern, would be t.o unreasona- b!a to obtai. belief even f.oru the most profound credulity of ih. n,.,st unsuspecting benevolence. -' Tha things unseea d. «ot always deceive us.»-The circumstances we have b.en disclosing, " have too conj .i.uly me," t, be consider, ^d acciiental. even ,f the uvi.lcnce cf participation which .3 established by a vast vanaty of circumstances, f.om the • first declarations of hostility, down to the l.st distributioa of rewards, h.d bean wholly deflcle.t. Froa. combmation 4 only ammm i » C las 1 •n!y, couli! llie ostensible perpetrators of the crimes bavo Wi»ld,:d the nicessiry force : by general apj robation only, would ihey have been in.iucecJ to incur such enormity of guilt ; by conce t only coulJ their operatimw hive been con* tinued through succesdive ^ears. In whatestin^atiin ought thasa supp:)rtHr8 of the North West Company to be held, who have had the herdy folly to ad- vance, th;it the blood of their fell jw 8u> jrcts in which the Com* puny have steeped thcmsclve;-, was shed, only iq unexpec- ted Collisions andnnpremeditaled rencounters f Even if cha- rity could induce thesupposiiicn, that IIidsc who advance this opinion were ignorant ol the circumstances preceding the inar- ders, the circumstances which followed, would have been ulona Buflicicnt, if these persons had exercised reflection, to have convinced them, that such ar. opinion cotilJ tiot be just. If there had bnen no prsmeditation, would the expulsion of the surviving cobnists have bean the uniform result of the mur. dcr of their friends ? Would not the vengeance of the vic- tors, if it had arisen from the impulse of sudcle-.i irritaiion have been satisfied that their antagonists liad paid by the sacrifice of tlicir lives f.»r their temerity in offending them f Would noisome yrt lingering remains of humanity have induced them to sh )W ftirbaarance to the inn.icent sar\ Ivors w,uh a view to soflon, in soxs c!egree, the wre'.cliednesa to whi:h tH9l w4iich thp h ughter of parenu, liusbandt and friendj bad »•• dured tlitiu i Ibe supporters of the North West Company have coraphin. ed 0' the cruelty of giving publicity to imputations of crime b J.re guilt WHS fully established : and have allcdgcd, that the Ligheat ministers of justice, and not the public, are the proper tiibunaU before wrhich crmiinaU should be accused. To this it may be answered, that if the charges were not first made known to the public, the posver and influence of the Company would prevent their ever bring made known to Courts ; and it may also be added, that the f. ieuds and associates of murdtMers bave already appealed to the public : and it would, therefore be strange, indeed, were the friends <.f justice condemned to silence. That Courts of Justice are the only proper tribunals before «hich criminals should be accused, is a position which if just as a general rule, caul J by no means be consistent witli safety as an universal maxim. We know there are various circumstances in which crimes of a co.upjiratively private na- ture, cannot be disclosed without danger of injuiy to the ac- cused, f/om public and unfavorable prepossessions. These are cases in which the truth may be readily discovered, vthere the witnesses are at band, and where the ordinary course of judicial praceedinss is safficient for the ends of jus- R ticci Tr I I S r M/ r '30 1 tice, and the common safety, witliout the aid of executive auihorii^r. But otlier circumstances may ariie of more general mH ni»;n;»nti.u8 conctrn ; crimes may be committed of more ex- tensive i ifluence, and of deeper dye, ia whose repression, and punishment, the public has a vital interest; case* may ." occur in which the stream of justice cannot flow without conlamjiitttion, unless the assistanre of a superintending pow «r be interposed to facili ate the authority of courts in th« production of proofs. Such c .s-s ra jy not only justify, but ff fjuiic from a sense of common intereat, or common danger a public disclosure, ewn before they can be brought to the ultinictte tribunal. And, such a case is the present ; where, in the documents ady obtained, and carrying sufTicient evidence for internal conviction, iiiiperiously require the in- vestigatnn of cnmes, qf no Ifss importance than a traitor- ous and extensive ci)n8pira'*y by Urilish subjects, lor the des- tructhm of an infant colony ol their countrymen, planted un. der US hii;h a legal sanction as was ever before conferred up- on fiimildt estublibhments. (*) A conspiracy of long con- tinuance, and in which tht arras of the condpirators have been (') AsKonip iMve pretcnilcd timt the FIiulsoii'j Boy tferriuiries ure not BritiMi colonics, we refer liiRtn to die la-,t act of the Briiisli Parliament. on the .Mibjm-t, wliid. was pas,e,l in iIik jear I8i;j ; and .lispmiscd witli some reKiiluii..,i« in lor. ■•, with res|,t'('t to otlier colonies, in order to fa- ciUtttie :iie en.igraiion uf colonists to Uic Hudson"* «»}■ Ttnitories. \ =»* ISl ] f <)een twice rroMrned «ir.n success, and twice gullicj with the titod oi the.r fdiow subjects ! M'hile tlie North West Cmpany possess in the interior the power which they have long exercised, that power i. •uincient r.,.c.,.„ „,«, ,„„,, „,,,„^^^^ i.mdverten.ly contented hims.il W.,h recommend.n, ,„« f.„, to the protection of the prowlers who we« waitmg to make it their nrpv tu^ i' «o'»wero - m . > , , "^ ^ ■ <''>'npany must have felt that uni^ a morta blow was speedily stru.k, the colony would ri-e to a .tre^jtl. *ejond .h.tr p9w.r » d«lroy. Th. •!»» wa, speedily „ruck. POSTSCRIPT. B''!?! '■ ^■: »| f fi V' W| '* m 'IJ '/ f ^ 'Ml l^ll >,» 9 j. 1 1 1 ? ^ 1 I f If ^ > < i V-. : I' \ JU !S9 POSTSCMIPT. "■"WMnMnQaflOM* -i^^LMEROUS falsehoods have been invented, and in. dusriously propagated agiinst the Earl of Selkirk in relation to his proceedings at Fort WiUiam. The North West Com- pany dreading with great reason the exposure and punish, oent which his discoveries and exertion, might produce, have had recourse to the most u.ifounded calumnies. A complete and satisfactory exposition of facts may be expect- ed from the able pen of Lord Selkirk, as soon as be is aware Of tLe various and groundless aspersions that have been cast upon him. But as this cannot be the case for some time, it is hoped that a cursory notice of the transactions which have occurred at Fort William, will not be deemed superfluous ; audo* it did not fall within the scope of our original inten- $ion, and altho' it is in some measure antJcipating the more perfect relation that may soon be expected to be laid before the public. As ours will be confined only to a general view. it caupot tend m any degree to lessen the novelty or interest of t i 1^ I 1 136 y •t the more minute and detailed account to be expected from h'n Lordship, There are two principal offences laid to his Lordship't charge, viz. 1st. That his conduct in taking possession of Fort William was illpgal and unjusiifiable. And 2d. Tlaat ht endeavoured to defraud the North West Company of pro. perty to an inimerise amount, hy conipeliirg Danifl IMcKrn. 2ie, one of the Partners, to sell it to him for the paltry SU19 of fifty guineas. These are unquestionably serious charges, ror are they the only ones : but these are the most impor- tant ; and the minor arcusacions are such as exist only ia dependence upon, or in connexion with the two we have mentioned Hy showing, therefore, that these two are des- titute of foundation, the imputalicns of inferior weight ar» deprived of Eupp«rt, and shown to be unworliiy ol credit. Let us, first, consider the causes which produced the cccu» paticn of Fort William. The E»rl left Montreal about the mid-, die of June, iSiG, and was proceeding to the settlement at Red nivcr, of wliich he was the founder, with about a hundred in- divid-ua?3, whom he intended to establish as colonists there. The greater numter of thete werepurscns who had teen for- merly in Mis Majesty's service, in the De Meuron Regiment ; Br;d vAui upon being dischergf d at the close of the \Tar, t^zd ch:;>f!v o«t cf err.ployrron^ accepted \ri'.b readiness the' opfortuaitjf \ C137] oppormnity that was offered o, becamins useful settlers in % poumry where the lunda were already cleared by nature. This was an advantage they could find no where else, and would enable them to exert their industry immediately in the cultivation of ihe soil an employment they had already exercise i and for which they were better qualified, than (or the felling and burning of forests; a species of labour to which they b.d never beeu accustomed, but to wh.ca they would bave been reduced, if they had become settlers in hi. Majesty's ot:.ercul,„:35. These men were selected with great care out of the most sober, orderly, and indastrious per- sons in the corps by Captains D'Orsennons and Mattbey, two gentlemen of unquisli.oable character, formerly of the aa Regiment, who rejected all applications of persons oo whose good conduct they bad not been taught to rely froa» former expedience. When his L.rdship arrived at St. Mary's falls, near Lake Superior, he received the first intelligence of the massacre and destruction of the Colony, and the information that some of its inhabitants as prisoner? .nd a part of its property, bU been conveyed to Fort William. This Fort is not situated in the Indun Territories, but near the extreme limits of the province of Upper Canada, on the North Side cf Lake Supe. rior at a little distance from the Lake, and far removed from ^y civih^ed estublisbments. His Lordtb.p, therefore, as pra. ^ dence I ■> i* [ 188 1 iv dence required, determined to deviate for a tirrc from Li« in ended route, and having prtviously but uisuccessfully en- deavoured to prevail on some othei mugittrates in Upper Canada to accompany liim, directed iiis ccurse to Tort W'il- liutn. After Lis arrival in the vicinity of that place, affida- vits weie made before him as a IMagistrale for '.he rountiy, which disclosed such circumstanres of conipiracy and purli- cination on the part of the partners, there in the ticasonabie crimen that had been lommiited at Red Kiver, as rendered it his duty to issue warrants for thtir apprehension. War- rants were accordingly issued, first f;)r the arrest of Willidm WcGillivray the principal in the concern, and next for the arrest of the other partners. From the c rcumstance of Mr. McCillivray's being arrested singly, the other partntrs did not probably apprehend that wa. rants were issued against themselves also ; and consequently no regular plan of resia- tance was yet formed, when the persoi s appointed peace offi- cers returned with authority for taking the other partners into custody. But while the peace cfliceis were proceeding anew to the execution of their duty, an atteitpt was made to drive tbepi out of che Fort, i nd to close the gates upon them. A signal was therefore made to a number of his Lordship's mer, who had been directed to be at hand and to render as- biitance to the peace officers in case opposition should be attempted. These [139] These luen instantly came forward iti arm? to support tht eKecuiion of the warrants, an J by their in aeJiale, appear- .iiceand la j Jably resuluta contact, prevented the jcrvanU of th3 Carcpioy fro.n co.T.i luing the resistance which had beenb3gui, Siveral of the IWtuara arrested, after .one exa.nmatioa bad taken place, wire very improvideatly and Jucautiously allowed hy thair own desire, to return to paas the night at their roonrjs in tba P trt, under the custody of a few men who bad been appointed their keepers. His Lord- Bhip and lis intealad coloniits were enca.npad in the open ground at a little distance f.o.n the Fort. During the night, tbe partasrs who were peraiitted to l.cJge in the Fjit were busily employed in seluct.ng and com nit iug to the flames a great variety of papers, their keepers njt being piOjably aware of the importance of pre ventmg such a step. A w tnt of judgment to be much lamented, if the importance of these papsrs in throwing light upon (he conspiracy against 'he colonists, could bs estimated by the evidenca coatained in those which escaped the hasty examination of the partaera. Early the fallowing morning his Lord.hip was made ac quainte J wiih this circumstance, and at the saflis i:rae re. ceived information of a danger to which, after tbe due execw tim of the warrant* against the partners, ha could scarcely have conceived himself expose!. 'VU information received ■ S2 ^a» % I £ I r >4oi #»», that directions were given, and fergont were employ, •d during thn night to load and remove a great mimb«r of fire arms and a large quantity of ammunition from tht ar- xnory or place of depotit appropHatfd for them in the Fort, and to conceal them in various phces as well ,vitbin as with« oAt the Fort, for the purp'^se of employing tnera in the mur. der of bis Lordship and bis people and ihe rescue of those tvho bad besn upprehen 'ed. Ooe of the inf-rrrants, ba8 stated under oath, that bejng awakened in the flight, he was alarmed by the steps of pecbons moving to and fro at an unusual liour, and fearing that some evil design #33 in agitation, he had risen and had gone cauti 'usly for- vfaru without being discovered, until he was near enough to hear their conversation, frorn which he latliered that they were em;*loyed in preparngand concealing arms. T.'ie ccr.clud- ing'-emarkof one of them being, " les bourgeois qui nous font " cacher cea amies, ont encore un mauvais des:ein ik " faire, ci c'est nous qui en patirons." On the same mora- it»B siniilaf and more airple communications were made by others. Ilis, Lordship immcdiatoly issued warrants to search fof tfco arms that had been hidden. Eighty of the guns remov ed dufirg the night, were discovered in a hay-loft, of which f^ny were loaded, primed, and ready for action. A great number •tm-fi ri4i] rturaber of gunt were also discavered concealed in other pit* ce8, together also with some casks of ammuniiion aimiogse •ome bushes and grass at a sh.irt distance from the ft>rt* Tlie object of this preparation could not admit of a doubt, and mu t have been as appears also from what is statad «•!. der oath, to enable the servants and retainers of the Com- pany, who weie at least treble the numbers of the Earl ol Selkirk's party, to aluck thsm while encamped in the opea field, where the numerical superiority of ibeir adversuriflg iroald have given a decided advantage, and where hie Lord- ship and his people would have been butcheied like the co- lonists at Red River. Thus situated, it became necissary for bis Lordship to take measures for bis own security and that of his men. He, in consequence toiik possession of tb» Fort, caused the arms and ammunition to be carried back to the place from wher ce tbey were taken, discovered and ar- rested several of the men *ho were engaged in the massacre- at Red River ; and finding also a part ot the plunder they* had brought to the fort, he sent it forward to the Shet iff of the district of Montreal, to remain in his keeping. i if t t k The Earl of Selkirk in the execation cf bis duty as a Ma- gistrate, became* possessed of a Fort which had served, the larf of any in the British dominions, as an asylum for banditti anrf murderera and the receptacle fjr ihsir pknd^r. A fort, which liatbing f ut J •othing less than the expreu iudspecial licfnce of bis Maj«ity fould uutboriaa •ubjecU tchold. A lort, which had seived »» the capital and leatof goveinnient tothe tiai orouiiy aieuuiej sovereignty of the Noah W«t. A I\ rtwhme poest.Moucculd bdve enabled tl.e Company lo buvekept back «U evidcntc of their crimes, and which if hia l^rd^h.p had ,.a continued to held, would have again become a place of refuge and of unioa totbeir bands.and the head-quurters fr u. «hince reiv orders for raarder and devastation would have issuca. TUe tccu- patioh of Fort William will be found to have been, not irere. ly a juslirtable act, but a public se. vice ; a-itl under ihe cir. curastances in which bis Lordship found the IVrt. he might have been considered as justly reprehensible, if he replaced it JO the hands of unauthorized tubjects before the pleasu.e of government should be icade knowrt. He inust be conaidcr- ed as bound to deliver i: .nto ifce hands of ^ovtrnnitntu ly , and Ihe government camu.t without a culpable neglect c f du, ty, refrain from taking it into its own possession, or destroy. tog it. Heretofore those who in the exicuiion otihe lavvstb- taincd possession of such strong-hclds as served for the retreat of banditti or iKurcercrs, weie toKEidercd to'.ave rendered a national service, and were le warded wilh public gratittde m. have coniribnt- ed to the public wtlfare by the tssistan:. he has rendered in the disclosure of alrcci;.us c:ime3 and m the cxpcsurt of a dai.geious . C U3l JangfrnuB, .xt.n»ive, and complicated sy.teni of tyranny wd oppress.m, ""eh m no other government ever .uffered to eubsist. Having ibfs 8t,ewn ihc conduct of hie Lordship ^o be no^ «|ly justifiable hut merito.irus on the subject ,.f tbe first ac CU8«tion ngninrt him ; we proceed to the eecond, vi«. The charge .,f havir.fj compelled Daniel McKtnzie, one of tho rartr.crg, to sell hie Lcrd^hip the property of the Company . at Icrt WiH.am ; a pioperty probably of the value of fifty t»)oui;and pctr.ric, f„r the paltry sum of fifty guineas. Per- haps any atf.r.:rt to t-xp.se so barefaced a faUthood may be looked upon ns a «.,rk of supererogation. Supposing h,» Loiddiip to Live been t..t,dly regaidless of what was due to the Uir f.me of Ids arcestors, ubsoluteiy indiiTercnt to the claims of l.iscxalttd ra. k and to his own high personal re- P'.tation in ,= ciety, and willing to leave to bis descen^dants only the hop, cf Eucc. edii 6 to honors cegraded. and a name sullied by bis n,isror,dt,r' ■ Cupposing ail tLis.-the con- duct imputed to b rdsh.p would siill be incredible, Lecaust he could nu L. ignorant that tuch a sale would have bc*JO anabsulutr r.ullily. Uaniei M, K?r.zie, in his statement of the transaction to wJ'ich he was a party, has been guilty of the must infamous dectpuon, in the doubb mode of falcehcod, the .uppres- if 1^ •f4 810 [ 144 I •4 U i i'' mrm *» «io vcri," and the " euggestio falsi/' he itippresees wha| 4id, and «lvance» what e, without lio participatiar, while he was many thousand miles distant* provided the North VVect Ccn-paoy would ou their pait agree to compensate Bioular loeees occasioned by their eervaoti irhijf r 145] , wliile tinder the immediate control and diiectifln of some of their own piiftners. This dispuaiti n on the part of ihe Earl of Seikirii wd* more than equi^Ue ; it was generous. It waa Kijown to Daniel McKenj-o as well as otheis, before bit Lordship left Montreal ; and n.,niel McKenzie was not com- pelled to make, but in consi Jeratirn ol the fairnesBof such an arrangement, voluntarily made a written otf.r to his Lard- ship, that the prope.ly remaining in Fort William should be placed in the hands of consignees to awa t the award of ar- bitrators, on his Lordship's placing at the dispos-I o*" the tome a.bitrators a like amount of property incase the award should be in favor of the Company. la ibis offer bis Lordship acquiesced. An agre-Mii nt was drawn in conse- (jfuencp, of which the arhitration formed the whole essence and substantial part, and by this h^s Loidship. to prevent ths possibility of partiality, causeJ it to be siipnlated, that the arbitrators should be appointed by the two Chief Jusficas of England. .Amons the covenants that wtnt t) the com- pletioa of this agreenn.nt, it was uuqueationably stipulated that the property was sold for fifty guineas ; but in what manner and with what intent was this stipulated i It w son the esp-ess and positive condition, th^t the «ale was to be voi.V and without effect by a compli luce wild the en^-^.ge. nients relating to the arbitration. (^' il rti The f 145 1 Wi •I i The stipulated and conditional sale was therefore madi apart of the wraings by the partiea only as a matter of legal Style and technical proceedure, the sole and entire object of which was to give lorra and validity to the agreement ; and the fifty guineas were advanced, not as a compensation, bat in the same manner as money is given to bind and confirm an undertaking. It is useless now to consider whether th« forms used in framing this engagement, were precisely such as would have been adopted by practical conveyancers. The end, intention, and purpose of the transactions were highly just and equitable ; such as would render the allegation of fraud or violence ridiculous, were even the character of the Earl of Selkirk unknown, and wfere no persons at hand to establish the falsehood of the imputation. The atrocious calumnies contained in the statement of Daniel McKenzie, his studied suppression of the truth, and his intentional representation of falsehood, with his servile encomiums on those very partners whose crimes he had been before disclosing and affecting to la- ment, are circumstances so far transcending the ordinary names of baser. ess, so far above the limits of our humlle powers to re- probate as they deserve, that we shall not make the attempt, but leave him to that hy which be will not soon be left— the cor- rosion Of his owi) conscience. Alike unfounded with the former eccusatiots, are the hllegations of others who advance, that offers have been made by his Lordship to compound the felo- > it „ nies !»' k [ 147 1 ni«8 and murders of the Conapany. It would be tbe heighth of imprudence for any North West Partner or Cr)un^ell.r to tUfc- . ter biniflelf that hia Lordship ever harbored such au uiteniioa or imagined that he possessed such a right. It could not be tbe desire of any man of integrity, and f«ir less of h s Lordship, thatsucb criminals, '* should walk the world in credit to th.ir graves." That some oftlie subordinate agents of crime, such n». those who were deluded by the opinions of members of Coun- cil to believe that it was lawful to incite the Induns to e>(pel their countrymen, (or in other words to take up arms in sup- port of the North West Company) might be fitohjecis of mer- cy, no one can doubt. But to suppose that the hour of retribu- tion will not arrive for others, whatever temporary obstacles their *. luence^may enable them to throw in the way of in- quiry, would be to doubt the antient and characteristic virtue ' r the nation from whence we spring, which has i ever allow- '' the blood of its people, however distant and savage tbe ditne in which it has been shed, to call for expiation and to call in vain. From what has preceded, we believe it will appear, that ^n every ground of imputed offence the conduct of the Earl ef Selkirk may be justified. If, however, in toe trying n- tuations in which he has been placed, the warmth of justly in* ^ignant feelings should have j^roduced any temporary harsh- k [H8] ' !* 0688 of conduct ii coRftistent with the rci\6 hubits and charac- ter ot his whole life, it would tr t be eurpriMng. Um this, altho' to have been expected, eeems not t(. have occurred, and it may be confidently pr(,nouMred, that ho true Scotchman need fear in the conduct of the tarl of Selkirk, any diminution of the honor cf their nobUity, or any dej^arture from national integrity. It baa been asserted that warrants have been issued by Justices of the Peace to arrtst the Tarl, and to rephice Fort William in the hands of the North West Coicpany ; we be- lieve the aseertion is founded in fact. Appljcalicns were , made to some of the Judges of the Court of King's Bench in Upper Car.f da to grant authority for his arrest, but the evi-' dence of criminality not being sufficient in their opinion to justify such a pniceedipg, they refused to adopt it. Some' Justices of the Peace in Upper Canada were in conseqence applied to, who, (it may be presumed from superior legal knowledge, or the stronger agency of North Western infiu- ence,,) «ere induced to issue the wanants their superiors had refuted to grant, and also as it is asserted, to give authority to re-eatabiieh the Coaioany in poKScssion of the Fort. (*) . ^ It (•) F( i.s asserted, that ,l,e warrant., r!i«foe Ins lAmiship with havinj feloniously stolen and carried away the properly of the Company! fo wi«, the loaded arm,-, ammunition. <$c. pr.pa.ed for \u, destruction, wlijrl, li« caused to !,e carried bark to ,!:e plare from wi.ence they were takrt, • and the packs of f„rs pillaged from the Ifudcon's Bav posts, whi.li he W»c.ed toLe itut to Vuz iJiicriffof the district of Alouireal. i J*9 ] |t ia indeed of the Btmngt cor sequence to the North West Company to regain possession of the Fort, before the Com- iriss.;'.ntr6 appointtd by pvernmeiit can arrive. By so doing they would again, until government should act (whose tardy opera:io«3 could never keep p^ce with th. rapidity of their movements) possess tie entire control of the couitry and have it in their power to remove beyond the reach of justice, every person accused ; or what would Hnswer an equally beneficial purpose tor them, almct *verv witness whose diecIosu.es they feared, or whom thej h,fi.1 not i leviously tu'.orcdto their purpose. J f I tuo j t if- -? V by OINCE the f receding " Notices" were prepared for pub- lication, we find an opinion suggested in their commence* ment, that the enemies of the colony would no longer exert " asangu.nary hostility," tohave pioved unhappily an error. A gentleman from Ireland, in the service of the Iludson't Bay Company, of the name of Owen Keveny, had left Al- bany Factory in a boat about the month of July 18l6, ac- companied by his servant, a clerk, and a few men intending to proceed to the settlemtnt at Red River. After he had arrived at a place called " Portage du Bonnet," where le re- mained for a length of time, soijje of his men deserted him. The deserters went to Has de la Riviere Winipeg, and made a complaint that Mr. Keveny had beaten them. Mr. A. N. McLeod, whose mild ard hum^.ne principles were not likely to be greatly shocked by the intelligepce of an assault and battery, gladly laid hold of this pretext to issue a warrant for arresting Keveny. The warrant was executed about the beginning of .August by a party of hois brules under the di- rection of one Charlts lUmhard, formerly a serjeant m th^ f 1511 De Meurou Regiment, but then in the service of the North W.St Co.npany. Mr. Keveny was brought to Baa de U Riviere, «rhich was then in charge of Mr. Archibald McLeU Ian, one of the partuers of the Njrth West Company, with whom Mr. Keveny remonstrated warmly upon the frivoljus pretext assigned for his arrest, and Upon the mvaiidity of a warrant issued by a North West Partner in the Hudsoa's Bay territories. Hi was, notwithstanding, some days after, put Into a canoe, manned with bois brules, who were furnished with irons to put on his wrists, and *as told that he was to be sent to Fort Willia-n. A parr of his effects were put into the canoe with h.m, but several val-iable atic'es were retain- ed by Mr. McLelUn for his own use, and others were distri- bated to the servants about him. The irons which had been provided were put on to the unfortunate Keveny, and being too small for his wrists, occasioned them to be exc wards Bas de la Riviere, During this ti;ne Mr. Stuart had reached Bas de la Rj. viere, and informed Mr. McLellan of the arrest of the Part- Oers at Fort William, and of his having ordered Koveny'a guard to return. McLellan became uneasy at their delaying to arrive, but having seen Mr. Alexander McDonell, fa« comforted himself with conjecturing that Mi, Keveny wa« ItiUed by the Indian. In a day or two more, as the Cana- dians and Indian were stiH absent, WcUllaa's impatience ^ >...lj TJi ^r intelligence respecting them, became excessive ; and ht act tiff in a canoe in pursuit of them, accumpaiiied by Cuth* hen Grant, Joseph Cadotte, Serjeant Ueinbard, and others, aiuongf t whom were some boie brules. After four days tra» ■velliiig, they came up with the Indian Jofeph. They took bjm into their canoe, and upon receiving information from hira, they renewed their course with redoubled expedition. Some hour* afterwards, the two Canadians were perceived Wpon the beach ; and a plaid cloak was thrown nbt-ut the In* dian to prevent their imm diately recognizing him. Having reached the shore, McLeilan enquired what had become of Mr, Keveny ? The Canadians replied, that they bad left hrm, and stated the difficulty they had had to keep the Indian flora murdering him. Upon hearing this, McLeilan sprung from his canoe, gave them curses, abuse, and blows, and struck one of them so severely on his arm with a paddle, as to deprive bim of the use of it for some weeks ; while Ca- dotte in a rage asked, what business they had to prev«ni the Indian from doing as he was ordered. They were tbeo directed to embark in McLelian's canoe v.hich proceeded in quest of Rlr. Keveny. On arriving at the Island on which he had been left, he was sought for in vain, and the anxiety and agitation of McLeilan was extreme, lest he should have fout.d means to escape (o Hudson's Bay, or Fort \VilIiam. The intention of putting biai to death was openly declared, and Um .^Ja \ Ifce -easin assigned was, the injury to b^ approhaiiM fr tia bit disclosures, aud bis enterjiriia if he were suffered to I1V9. i After much time had been lost in fruitless search and en- quiry, tljey at length diacovered hin near » faraily of Indiana. Having again secured their victim, McLellia gave orders that be should be pl.tced ander the charge of Ricnhurd, a hois brulc of the mme of MainviUe, and tiia Indian Joseph, and put ou board another canoe, whicli bt purchased for that purpose of the Indians. He then said to Reinhard, '• we must not kill him here amongu the savages, " we will wall fur you at Suue distance, and whtn you find a *• convenient place, you know what you have to do."— Mc- Lellan after this, set off in the canoe with his party. In a short space after, Reinhard, Mainville, and Joseph departed with their prisoner. After havi-.g g„ne on sometime in tlie eanoe, Mr. Keveny requested leave to stop on shore f,.r a few minutes, which was granted. While he wus on share, Reinhard said to Mainville, «' we arp now far enough dis- •' tant from the Indians, ycu may fire w!ien he returns to •* embark." The Indian Jos-ph was stand og on the land, holding the cauoe, Reinl.ard v^as also stai dingon the shore, and MainviUe having prepared his fusil, kept hiaiaelf at ais itatiou on the watch. Jun as the prisoner had returned to tba water's eJ^e, Maitivill' firad ; the concerns of his fnsil L 3 passed '\ >»i 1 . i pMffd through Mr. Keveny's neck, and ii« fell with hit fac% opon the canoe. As he made great effurtb to speak and ap- peared to be convulsed with agony, of which the duration seemed uncertain, Heuihaid says, that " he thrust his sword " twice thro' his back opposite the heart, to terminate hie " sufierings."— The body was then stripped and thrown into tlie woods. Tin murderers proceeded to join their associ. ates who bad stopped for them, and had heard the firing. Grant and Cadotte went forward to meet Ueinhaid before he came up to McLeUan, and enquired if Keveny was killed .» lleinhard answered in the afliimalive ; upon which they told him that McLellan had 5ent them to desire him to say, that Keveny was not killed. Reiohard then replied, he is kil- *' led, and I will not conceal it, for it was done by hie « orders."— After this, McLellan probably thinking any affectation on his part would be ridiculous, as well as use* le^e, when Reinbard came into his pre eiice, desired him to relate the particula.a of the murder ; which were in conse^ e river. with stone», met ad of being burut., Amongst the paper* pre* •erved, were Mme imtruclioM from the Hudjon'. Bay Co«w pany. The rent if Keveny's efiaiU were di tribuled among tbe party with McLellan, whom McLellun congrmulated up. on having got rid of a pereon whose life would not havebeeq compatible wilh iheir safety, or with the interest of th4 North \V>»t Conipany, but whose diidotutes and inform*, tion would have ruined thein, had he bteo allowed to reacJ^ Fort William or Hudson's Day. Sjrnetime after thm tru' sections, a Proclamation of his Excellency Sir Jul a ;i'7erbroi ..•, forbidding all acts of vio- Jsnce in the Indian IVnitor:.;* fell into the hands of Strw jeant Reinhard ; he was also informed thnt the North West Company possessed no legal jurisdiction of rij^ht, in tho tobntry, as he had been previously led to believe ; and that llie conduct of the North West Partners and their Servants, in expelling the Colony at Red River and muidering the Governor < at a proper s- aeon bo ttade known We have already stated that we did n, t expect on the part of the North West Con.pany. any ack.owledg- inent of guilt, but we certai.ily did suppose, that none of :h,.rig,..,.e, I,.. „„„,„ .,,^ g„.,f„^^^__^ ^ f'-«d ft„„ e«. ,c,.i„g. „ i. Hk..i„ „„_ ,^., ,^^ ^^^^^ We.t Company .„hou. .,^ ,.«.„■,, „<„,^^_ ^^^^ ^^__^_^ and emplujed (iei, „rva„« „ „i|i,„j, f„„„, Tto„ ,b„ tav. b.eu branded riu, ,h. „.„, „, . """"'"'"""■'■"•"■•"■''-»« the n„ck .U, ,i,., , ^,. 8"t,.h M,„, „„,b ca„„o.„„j„p„«„..ta„.u„„k. S EXTRACT „' ' EXTRACT , ^ ' '^» ^0, 17, 33&34. ▼^ E think that the Hudson's Bavr„„ with a very trifting variation th * ' ^■feks aad Sound,, i„ „^ ,..,: '"'^"" '■'"*"'" "■■■^-".-.U.*, „dT„H. , ^""' Bv, Laia, nk„, r,,.l ,. " tii« . treiglus, and those limits -,- f •■■----:.«.,,». ..c...„. J;: 7'- " fn(/ii.; the sircights, '»««trr.c«:.aucbaproximieyeothe' •'Kljts Til. wor i Countries I>y acei.lenfaTi^ T ' tnnd,- a .,,rf.. - '«"■« been ,n,.rW b,^v,e„ ,|« ,,„,.. "^"W-'- ■■''■ii.i^iyiaiMfc^^Biiai ^^. R.SPANKIE. '^» »r, 33 & 34. Company and their ' their Territorial will warrant, sup. '«ns to which we the words of the ' of the Grantees, 'ot affect the con- 'e trade and ccm- ' KJvers, Lakes, Je tbey fehall be mds and Terri- Confines of the 'if/s afurcsaid ;' ■3 arc fivquent- 'Jmits afure- "BJity to the _^^ "Milts B Charier, lias :on (Im) words' r 101 J ., rrr: •''-'-« -^-.."K ...« J 2O0O milss Iherefiom-ti,., i. „ " bound "' " "■' '■•■"'^'■" ^ '«'■ ^ »«ed, traded in, ,„d i„ ^ „ •■ French T™d«„„„c ""'''' '^"■° d« „„„ cnada, and thei, Beaver Co,npa„y ..~"--.----e.P,,„_„JJ %Pncr.„.,.da.e.r,heCha„e,„,,.e„„,3„„,Bay ,.;:r '''■'"'""■' '^ "■•"■"'=• '^"« '^»".- __ -C„..„., Canada, a. e,„,d.,..P„„^,^, - owns, previous to that r^ , „ ■''*»»iS%^ .. _ °/««w,i"'"'~«<.M,-,„.,... •^'""■ '«*'"^***wSBs*jii(W^ijfcb.