In
1858 the British government decided to make Vancouver Island a crown
colony, and the secretary of state for the colonies instructed Governor
Douglas to call an assembly of representatives of the inhabitants to
devise some form of government for it. The license of the Hudson's Bay
Company, giving it the exclusive right of trade on the island, was not
renewed in 1859; and the governor, acting on instructions from Downing
Street, proclaimed the revocation of the license and the establishment
of a new province of the British Empire. This action of the imperial
authorities gave fresh courage to the opponents of the company's
government in Rupert's Land and raised the hopes of the people of Canada
who wished to see that vast region annexed to their own provinces.
The
Canadian government was not satisfied with the report of the select
committee of the British House of Commons, presented in July, 1857. It
was especially disappointed that no effective steps had been suggested
by the committee for settling the boundary between Canada and the
territory of the Hudson's Bay Company on the north and the west and that
there had been no investigation of the company's charter. It regarded
the validity of the charter as a fundamental matter in the whole
question at issue between the company and Canada. The position taken by
the government of Canada was shown m the following clause of a joint
address of the Assembly and the Legislative Council presented to Her
Majesty in August, 1858: "That Canada, whose rights stand affected by
that charter, to which she was not a party, and the validity of which
has been questioned for more than a century and a half, has, in our
humble opinion, a right to request from Your Majesty's Imperial
Government, a decision of this question, with a view of putting an end
to discussions of conflicting rights, prejudicial as well to Your
Majesty's Imperial Government, as to Canada, and which, while unsettled,
must prevent the colonization of the country."
On
September 4 of the same year the Executive Council of Canada addressed a
communication to Sir Edward Bulwer Lytton. the secretary of state for
the colonies, drawing attention to the importance of having a direct
line of communication by railway or otherwise between Canada and the
valleys of the Red and Saskatchewan Rivers, and later in the year
Messrs. Cartier, Ross, and Gait went to England in connection with the
matter. While there they intimated that Canada would take legal steps to
test the validity of the charter of the Hudson's Bay Company, and the
colonial secretary appears to have advised the governor-general of
Canada that he approved of such a step; but His Excellency replied on
April 19, 1859, that his council did not advise such action.
The
imperial government made it plain in many ways that it would favor some
practicable plan whereby the territory of the Hudson's Bay Company would
be annexed to Canada. Shortly before the license of the company expired
in May, 1859, Sir Edward Bulwer Lytton offered to renew it for one year
or two years over the district east of the Rocky Mountains, pending some
"arrangement" with
Canada. But the company refused on the ground that a renewal for such a
short period would only increase the inconvenience which had resulted
from the state of suspense in which the question had been kept for two
years, and that it would paralyze the company's authority in its own
territory by creating an impression that the authority would shortly
terminate. When the license was finally renewed for the usual period of
twenty-one years, the government suggested that the question of the
Canadian boundary should be referred to the privy council; but it
refused to let the validity of the company's charter be tested while the
boundary proceedings were pending, and so the Canadian government
declined to take any part in the matter, on the ground that it could not
be expected to compensate the company for any territory until the
company's right to such territory was established.
On
March 9, 1859, Sir Edward Bulwer Lytton wrote to the governor of the
Hudson's Bay Company, urging that the company come to some friendly
arrangement with the Canadian government; but the directors do not seem
to have taken any steps to carry out his suggestion. He then decided
that he would have the validity of its charter tested by the judicial
committee of the privy council but before this could be done, the
government of which he was a member went out of office.
The
new government tried at intervals during 1860 and 1861 to devise a bill,
satisfactory to all parties, whereby the imperial government might
acquire from time to time portions of the territory of the Hudson's Bay
Company for colonization, making suitable compensation therefor.
Presumably these portions were to be transferred to Canada. But the
company objected to this piece-meal dismemberment. Canada objected to
acquiring the territory in such a manner, and no method of making
compensation to the company was devised; and so the whole scheme came to
naught.
In
April, 1862, the Canadian government sent a communication to Governor
Dallas of the Hudson's Bay Company, desiring to make some arrangement
for the construction of a road and a telegraph line through the
company's territory so as to connect Canada with British Columbia. Mr.
Dallas replied that, while the question was really one for his board of
directors in London, he himself thought that the request could not be
granted. Such works as were proposed and such chains of settlements as
were expected, if established in the valleys of the Red and Saskatchewan
Rivers, would soon drive the buffalo away from these districts and so
cut off the supply of food by which the company was able to maintain its
trading posts in the regions further west and north. He believed that
partial concessions of the company's territory in this way would
inevitably lead to its extinction, and that, if any change were made in
the government of such districts, direct administration by the crown was
the only method likely to give public satisfaction. His letter contains
the following paragraph: "I believe I am, however, safe in stating my
conviction that the company will be willing to meet the wishes of the
country at large by consenting to ail equitable arrangement for the.
surrender of all the rights conveyed by the charter;.-'
COLLEGIATE INSTITUTE, PORTAGE LA PRA1RIK
During the summer of 1862 Mr. Edward Watkin, a gentleman who had been
prominently connected with the Grand Trunk Railway, went to England,
hoping to interest capitalists there in a scheme for building a road and
a telegraph line across central Canada. In the autumn of the same year
the Canadian government sent Messrs. Howland and Sicotte to London to
urge upon the home government the importance of opening up the Hudson's
Bay Company's territory for settlement; anil they, working with Mr.
Watkin. succeeded in interesting several prominent Englishmen in their
plans. The unwillingness of the company to have the road built, the
unwillingness of the imperial government to grant a subsidy for the
work, and the unwillingness of the Canadian government to give any
substantial aid, so long as the boundaries of the company's territory
were undetermined and its title in doubt, were obstacles too serious to
permit Mr. Watkin's scheme to be carried out.
The
simplest solution of all the difficulties would have been the purchase
of the rights of the company by the imperial government; but if was
unwilling to take this step, and so another solution was sought. Mr.
Watkin succeeded in organizing a new company, and securing the necessary
capital for it, to buy all the stock, lands, rights, and other property
of the Hudson's Bay Company. The sum paid the old company was
£1,500,000, and for this amount it transferred all its property to the
International Finance Association, which in turn transferred it to the
new company whose capital was fixed at £2,000,000. The final transfer
was consummated in July, 1863^ and Mr. Watkin at once proceeded to
Canada to secure government aid in his plans for opening up the western
prairies by building roads, constructing telegraph tines, and planting
settlements. His proposals were not favorably received by the
government, for it found that the new company maintained all the
territorial claims of the old one, and it declined to grant the aid
asked for until the validity of those claims was definitely settled. The
reply of the Executive Council to Mr. Watkin's proposal concludes thus:
The committee therefore recommend that correspondence be opened with the
Imperial Government, with the view to the adoption of some speedy,
inexpensive, and mutually satisfactory plan to determine the important
question (that of territorial rights of the company and that the claims
of Canada be asserted to all that portion of Central British America,
which can be shown to have been in the possession of the French at the
period of the cession in 1763.
In
November of that year Sir Edmund Head, governor of the Hudson's Bay
Company, declared that the most- satisfactory solution of the difficulty
would be. the purchase of all the company's territory by the crown• but
as there were many obstacles in the way of such a plan, he proposed an
alternative scheme. By it the territory fit for settlement would be
equally divided between the crown and the company, with the exception of
certain specified tracts to be retained by the latter; the road and
telegraph would be constructed by the company; the crown would purchase
such premises of the company as were needed for military purposes; and
it would pay the company one third of the revenue derived from gold and
silver in the territory acquired.
The
proposals made by Sir Edmund Head on behalf of the Hudson's Bay Company
did not meet with the approval of the Duke of Newcastle, the colonial
secretary, and in the spring of 1864 he made the following
counter-proposals to the company:
"1.
That within certain geographical limits the territorial rights of the
company should he surrendered to the Crown;
"2.
That the sum of 1s. per acre on every acre sold by the government should
be paid to the company, and payment 1o cease when their aggregate
receipts from this source shall exceed £150,000, or on the expiration of
50 years;
"3.
That one-fourth of the sum received by the government as an expert duty
for gold, or on leases of gold mines, or licenses for gold mining, shall
be payable to the company for 50 years, or until the aggregate receipts
shall amount to £100,000;
"4.
That on these conditions a government be established in. the ceded
territory, Great Britain undertaking the expense and risk of that
government until the colony is able to support it, as in British
Columbia and other colonies.'^
The
directors of the company met on April 13, 1864, and decided to accept
the general principles underlying the duke's proposals, although they
desired some changes in the details. They urged that the payments for
land and minerals should be placed at £1,000,000 instead of £250,000, or
else that they should not be limited in time, and that the company
should receive 5,000 acres of land for each 50,000 acres sold by the
crown. On June 6 Mr. Cardwell, who had succeeded the Duke of Newcastle
-as colonial secretary^ informed the company that he could not entertain
the amendments it had suggested, and no further progress in the
negotiations was made for six months. But in December the directors of
the company met to reconsider the matter, and the result was an offer to
accept £1,000,000 as payment in full for the territory mentioned, which
was practically all that granted by the charter of Charles II.
In
opening the Canadian parliament on Feb. 10, .1864, Lord Monek, the
governor-general said, "The condition of the vast region lying on the
northwest of the settled portions of the province is daily becoming a
question of great interest. I have considered it advisable to open
correspondence with the Imperial Government, with a view to arrive at a
precise definition of the geographical boundaries of Canada in that
direction. Such a definition of boundary is a desirable preliminary to
further proceedings with respect to the vast tracts of land in that
quarter belonging to Canada, but not yet brought under the action of our
political and municipal system." The position taken by the Canadian
government, thus referred to in the speech from the throne, was stated
in plainer terms by Hon. William McDougall in the debate which followed.
He believed that Canada was entitled to all that part of the North West
Territory, which could be shown to have been in possession of the French
when they ceded Canada to the British.
In
these prolonged negotiations, these proposals and counter-proposals,
several facts are evident: the desire of the Hudson's Bay Company to be
relieved from the task of government and its willingness to sell its
vast territory for adequate remuneration; the desire of the home
government to effect- a friendly settlement of the questions at issue
between the company and Canada, to find some method for transferring the
company's territory to Canada, and to keep the question of the company's
title in abeyance; and Canada's steady adherence to the position that
the questions of title and boundaries should first be settled. It will
also be apparent that the three parties were gradually approaching
common ground for the settlement of the questions at issue between them.
Early in 1865 the Canadian government sent a delegation headed by lion.
George Brown to London to make one more attempt to secure the transfer
of the territory of the Hudson's Bay Company to Canada. The delegates
discussed the matter with Hon. Mr. Cardwell, and his statement of their
position and that of his government is as follows: ''The Canadian
ministers desired that that territory should be made over to Canada, and
undertook to negotiate with the Hudson's Bay Company for the termination
of its rights, on condition that the indemnity, if any should be paid,
would be raised by Canada by means of a loan under Imperial guarantee.
With the sanction of the Cabinet, we assented to the proposal,
undertaking that if the negotiations should be successful, we, on the
part of the Crown, being satisfied that the amount of the indemnity was
reasonable and the security sufficient, would apply to the Imperial
Parliament to sanction the arrangement and guarantee the amount."
Nothing further, however, seems to have been done for several months;
but in February, 1866, Sir Edmund Head informed Mr. Cardwell that
certain Anglo-American capitalists were likely to submit an offer for
the purchase of all the arable land of the Hudson's Bay Company with a
view to colonizing it: and, when he was reminded by the colonial
secretary that there was an understanding between the Canadian delegates
and the home government that Canada would have the first opportunity to
secure the territory if the company disposed of it, Sir Edmund replied
that the company could not be expected to leave the offer to Canada open
for an indefinite period to its own financial detriment. These views
were communicated to the Canadian government, and it replied on June 22
that while it recognized the importance of completing the negotiations
for the extinction of the territorial claims of the company, the
annexation of the territory to Canada, and the establishment of a
regular government therein, the matter seemed one for the government of
the Dominion of Canada to settle; and as the confederation of the
provinces would shortly be accomplished, it hoped that the final
settlement might be deferred a little longer. It also expressed the hope
that Her Majesty's government would use its influence in the meantime to
prevent any such sale as that contemplated. This reply was conveyed to
the company, and six months later Lord Carnarvon suggested to the
company 1hat. it would not be wise to take any steps which would
interfere with the negotiations with Canada.
The
confederation of the Canadian provinces became an accomplished fact on
July 1, 1867; and thereafter it was the Dominion of Canada, instead of
the united provinces of Ontario and Quebec, with which the home
government and the Hudson's Bay Company had to deal in the negotiations
for the transfer of the company's territory. While the delegates of the
different provinces were working out the details of the confederation
scheme, they passed a resolution, fully endorsing the position taken by
the Canadian government in its communication to the imperial government
on the 22nd of the preceding June; and in framing the British North
America Act, by which the Dominion of Canada was created, its framers
anticipated the early transfer of the territory of the Hudson's Bay
Company to the Dominion, for Article XI, sec. 146, provided as follows :
"It shall be lawful for the Queen, by and with the advice-of Her.
Majesty's Most Honorable Privy Council, etc., on addresses from the
Houses of the Parliament of Canada, to admit Rupert's Land and the
North-West Territory, or either of them. into the Union, on such terms
and conditions in each case as are in the addresses expressed, and as
the Queen thinks fit to approve, subject to the provisions of this Act."
The
statesmen of the new Dominion were fully alive to the importance of
securing its vast hinterland in order that it might soon become a united
dominion from the Atlantic to the Pacific, and the matter came up during
the first session of its first parliament. On December 4, 1867, Hon.
William McDougall, minister of public works, introduced a series of
resolutions on which the addresses referred to in the British North
America Act were to be based. These resolutions, which discreetly kept
Canada's old contention in the background, created much discussion; but
after a few amendments, they were adopted in the following form:
"1.
That it would promote the prosperity of the Canadian people, and conduce
to the advantage of the whole Empire, if the Dominion of Canada,
constituted under the provisions of the British North America Act of
1867, were extended westward to the shores of the Pacific Ocean.
"2.
That colonization of the fertile lands of the Saskatchewan, the
Assiniboine, and Red River districts, and the development of the mineral
wealth which abounds in the regions of the North-West, and the extension
of commercial intercourse through the British possessions in America
from the Atlantic to the Pacific, are alike dependent upon the
establishment of a stable government, for the maintenance of law and
order in the North-Western Territories;
"3.
That the welfare of a sparse and widely scattered population of British
subjects of European origin, already inhabiting these remote and
unorganized territories, would be materially enhanced by the formation
therein of political institutions bearing analogy, as far as
circumstances will admit, to those which exist in the several provinces
of this Dominion;
"4.
That the 146th section of the British North America Act of 1867 provides
for the admission of Rupert's Land and the North-Western Territory, or
either of them, into union with Canada, upon terms and conditions to be
expressed in addresses from the Houses of Parliament of this Dominion to
Her Majesty, and which shall be approved of by the Queen in Council^-"
"5.
That it is accordingly expedient to address Her Majesty, that she would
be graciously pleased, by and with the advice of Her Most Honorable
Privy Council, to unite Rupert's Land and the North-Western Territory
with the Dominion of Canada, and to grant to the Parliament of Canada
authority to legislate for their future welfare and good government.
"6.
That in the event of the Imperial Government agreeing to transfer to
Canada the jurisdiction and control over this region, it would be
expedient to provide that the legal rights of any corporation, company,
or individual, within the same, will be respected; and that in case of
difference of opinion as to the extent, nature, or value of these
rights, the same shall be submitted to judicial decision, or be
determined by mutual agreement between the Government of Canada and the
parties interested. Such agreement to have no effect or validity until
first sanctioned by the Parliament of Canada.
"7.
That upon tlie transference of the territories in question to the
Canadian Government, the claims of the Indian tribes to compensation for
lands required for purposes of settlement would be considered and
settled in conformity with the -equitable principles which uniformly
governed the Crown in its dealings with the Aborigines.
"8.
That a select committee be appointed to draft a humble Address to Her
Majesty on the subject of the foregoing resolutions."
The
Hudson's Bay Company would not consent to the transfer of its territory
until the amount of compensation for it hail been settled, and as Canada
had practically agreed to do this, the Duke of Buckingham and Chandos,
then secretary of state for the colonies, sent a dispatch to Lord Monck,
saying that the Dominion government must settle the terms of the
transfer with the company before the bill authorizing the transfer would
be submitted to the imperial parliament. Accordingly the Dominion
parliament passed the Rupert's Land Act in .Tulv, 1868, authorizing the
government to acquire the territory of the Hudson's Bay Company. The
government sent Sir George E. Cartier and Hon. William McDougall to
England to arrange terms with the company, and they sailed on their
mission on October 3, 1868. Soon after they had presented their
credentials to the Duke of Buckingham, that minister informed them
rather pointedly that the company was to be treated as a proprietor
holding a good title to the lands whose transfer was sought, and so
eliminated Canada's old contention from the discussion. There were
proposals and counter-proposals for some time; and the business was also
delayed by a change of government, in which Earl Granville succeeded the
Duke of Buckingham in the colonial office, and by the resignation of the
Earl of Kimberley, the company's governor, who was succeeded by Sir
Stafford Northcote.
The
British government was most anxious to have the negotiations brought to
a satisfactory termination, and Earl Granville seems to have brought
some pressure to bear upon the company, just as his predecessor had done
upon the representatives of Canada. He plainly reminded the company that
the title to its great territory was not beyond dispute, that its
boundaries were open to question, that its vast domain was almost
certain to be overrun by thousands of Canadian and American settlers,
that it was powerless to prevent such an invasion, and that its
government of the great region in the past had not proved its ability to
maintain law and order there for the future. Finally an agreement was
reached, and on March 9, 1869, the arrangements for the transfer were
completed. They were as follows:
"1.
The Hudson's Bay Company to surrender to Her Majesty all the rights of
government, property, etc'in Rupert's Land, which are specified in 31
and 32 Victoria, clause 105, se«tion 4; and also all similar rights in
any other part of British North America not comprised in Rupert's Land,
Canada, or British Columbia,
"2.
Canada is to pay to the Company £300,000 when Rupert's Land is
transferred to the Dominion of Canada.
"3.
The Company may, within twelve months of the
surrender, select a block of land adjoining each of its stations, within
the limits specified in Article 1.
"4.
The size of the blocks is not to exceed........ acres in the Red River
country, nor three thousand acres beyond that territory, and the
aggregate extent of the blocks is not to exceed fifty thousand acres.
"5.
So far as the configuration of the country admits, the blocks are to be
in the shape of parallelograms, of which the length is not more than
double the breadth.
"6.
The Hudson's Bay Company may, for fifty years after the surrender, claim
in any township or district within the Fertile Belt, in which land is
set out for settlement, grants of land not exceeding one-twentieth of
the land so set out. The blocks so granted to be determined by lot, and
the Hudson's Bay Company to pay a rateable share of the survey expenses,
not exceeding an acre.
"7.
For the purpose of the present agreement, the Fertile Belt is to be
bounded as follows: On the south by the United States boundary) on the
west by the Rocky Mountains; on the north by the northern branch of the
Saskatchewan ; on the east by Lake Winnipeg, the Lake of the Woods, and
the waters connecting them.
"8.
All titles to land up to the 8th of March,
1869, conferred by the Company, are to be confirmed/
"9.
The Company to be at liberty to carry on its trade without hindrance, in
its corporate capacity, and no exceptional tax is to be placed on the
Company 's land, trade, or servants, nor an import duty on goods
introduced by them previous to the surrender.
"10. Canada is to take over the materials of the electric telegraph at
cost price, such price including transport, but not including interest
for money, and subject to a deduction for ascertained deterioration.
"11. The Company's claim 1o land under agreement of Messrs. Vankoughnet
and Hopkins to be withdrawn.
"12. The details of this arrangement, including the rilling up of the
blanks in Articles 4 and 6, to be settled by mutual agreement."
Such were the terms on which the government of the Hudson's Bay Company
ceased, after it had been an empire within the empire for two hundred
years; thus it surrendered its title to most of a territory out of which
half a dozen European kingdoms might have been carved; and thus Canada
acquired a vast addition to her dominion whose estimated area was nearly
two and a half millions of square miles. The long-deferred hopes of the
people of the Red River colony for stable self-government and the
maintenance of law and order were on the eve of being realized. |