Renewal of licence—Labouchere's letter—Canada claims to Pacific
Ocean—Commissioner Chief-Justice Draper—Rcsta on Quebec Act,
1774—Quebec overlaps Indian territories—Company loses Vancouver
Island—Cauchon's memorandum—Committee of 1857 —Company on trial—A
brilliant committee—Four hundred folios of evidence—To transfer
Red River and Saskatchewan— Death of Sir George—Governor Dallas—A
cunning scheme— Secret negotiations—The Watkin Company
floated—Angry winterers—Dallas's soothing circular—The old order
still—Ermatin-ger's letters—McDougall's resolutions—Cartier and
McDougall as delegates—Company accepts the terms.
As is well known to those who have followed
the history of the Hudson's Bay Company, while the possession of
Rupert's Land was secured by charter, the territory outside
Rupert's Land was secured to the Company by licence. This licence
ended every twenty-one years. The licence in force at the time of
the troubles which have been described was to terminate in 1859.
Accordingly, three or four years before this date, as their
Athabasca, New Caledonia, and British Columbia possessions had
become of great value to them, the Company with due foresight
approached the British Government with a request for the renewal
of their tenure. Men of understanding on both sides of the
Atlantic saw the possible danger of a refusal to their request, on
account of the popular ferment which had taken place both in Red
River and British Columbia. Others thought the time had come for
ending the power of the Company.
Sir Henry Labouchero, Secretary of State for
the Colonies, entered into correspondence with Sir Edmund Head,
Governor-General of Canada, on the subject. Anxious about the
state of things in every part of the Empire as the Colonial Office
always is, the turbulence and defiance of law in Red River
settlement called for special attention. Accordingly the
Governor-General was informed that it was the intention of the
Home Government to have, not only the question of the licence
discussed, but also the "general position and prospects" of the
Company considered, by a Committee of the House of Commons. The
Canadian Government was therefore cordially invited to have its
views, as well as those of the Canadian community, represented
before the Committee.
This invitation was the thing for which
Canada had been waiting. A despatch was sent by the Canadian
Government, in less than seven weeks from the time when the
invitation left Downing Street, accepting the proposal of the
Mother Country. The Canadian Ministry was pleased that
British-American affairs were receiving such prominent notice in
England. It suggested the importance of determining the limits of
Canada on the side towards Rupert's Land, and went on to state
that the general opinion strongly held in the New World was "that
the western boundary of Canada extends to the Pacific Ocean."
Reference is made to the danger of complications arising with the
United States, and the statement advanced that the "question of
the jurisdiction and title claimed by the Hudson's Bay Company is
to Canada of paramount importance."
In 1857 Chief Justice Draper crossed to Great
Britain as Canadian representative, with a very wide commission to
advance Canadian interests. He was called before the Committee
appointed by the House of Commons, and answered nearly two hundred
questions relating to Canada and to the Hudson's Bay Company
interests in Rupert's Land and beyond. The capable and
active-minded Chief Justice kept before the Committee these points
:—
(1) What he conceived to be the true western
boundary of Canada, and in so doing gave his opinion, based on the
Quebec Act of 1774, that Canada should be allowed to extend to the
Rocky Mountains and should have the privilege of exploring and
building roads in that region.
(2) The earnest desire of the Canadian people
that Rupert's Land and the Indian territories should be maintained
as British territory.
(3) That Canada should be allowed to extend
her settlements into these territories.
Chief Justice Draper argued his case with
great clearness and cogency, and made an excellent impression upon
the Committee.
The matter of the Company's hold on Vancouver
Island seems to have been settled without any great difficulty.
Mr. Richard Blanshard, the former Governor, who received so cool a
reception in Vancouver Island, gave a plain and unvarnished tale.
The Company had evidently made up its mind to surrender all its
claims to Vancouver Island. And the island, as we have seen,
became independent.
Canada entered with great spirit into the
case presented before the Committee. The question of the licence
was quite overshadowed by the wider discussion covering the
validity of the Hudson's Bay Company charter, the original
boundary line of the province of Canada, and the manner in which
the Company had carried out its responsibilities. An industrious
minister of the Canadian Government, Hon. Joseph Cauchon, with
true Gallic fire and a French Canadian spirit, prepared a
memorandum of a most elaborate kind on the Hudson's Bay Company's
claim and status. In this, Mr. Cauchon goes back to the earliest
times, shows the limits of occupation by the French explorers,
follows down the line of connection established by the North-West
traders, deals with the troubles of Lord Selkirk, and concludes
that the Red River and the Saskatchewan are not within the limits
of the Company's charter. This vigorous writer then deals with the
Treaty of Paris, the Quebec Act, and the discoveries of Canadian
subjects as giving Canada a jurisdiction even to the Rocky
Mountains.
As might have been expected, the Committee of
1857 became a famous one. The whole economy of the Company was
discussed. The ground gone over by Isbister and others during the
preceding decade supplied the members with material, and the
proceedings of the Committee became notable for their interest.
The Committee held eighteen meetings, examined twenty-nine
witnesses, and thoroughly sifted the evidence.
The personnel of the Committee was brilliant.
The Secretary of State was Chairman. Mr. Roebuck and Mr. Gladstone
represented the inquiring and aggressive element. Lord Stanley and
Lord John Russell added their experience, Edward Ellice—"the Old
Bear"—watched the case for the Company, and Mr. Lowe and Sir John
Pakington took a lively interest in the proceedings and often
interposed. Altogether the Committee was constituted for active
service, and every nook and cranny of Rupert's Land and the
adjoining territories was thoroughly investigated.
Among the witnesses was the distinguished
Governor Simpson. He was at his best. Mr. Roebuck and he had many
a skirmish, and although Sir George was often driven into a
corner, yet with surprising agility he recovered himself. Old
explorers such as John Ross, Dr. Rae, Co]. Lefroy, Sir John
Richardson, Col. Crofton, Bishop Anderson, Col. Caldwell, and Dr.
King, gave information as to having visited Rupert's Land at
different periods. Their evidence was fair, with, as could be
expected in most cases, a "good word" for the Company. Rev. Mr.
Corbett gave testimony against the Company, Governor Blanshard in
the same strain, A. K. Isbister, considerably moderated in his
opposition, gave evidence as a native who had travelled in the
country, while John McLoughlin, a rash and heady agitator, told of
the excitement in Red River settlement. Edward Ellice became a
witness as well as a member of the Committee, and with adroitness
covered the retreat of any of his witnesses when necessity arose.
From time to time, from February to the end
of July, the Committee met, and gathered a vast amount of
evidence, making four hundred pages of printed matter. It is a
thesaurus of Hudson's Bay Company material. It revealed not only
the localities of this unknown land to England and the world, but
made everyone familiar with the secret methods, devices, and
working of the fur trade over a space of well-nigh half a
continent. The Committee decided to recommend to Parliament that
it is "important to meet the just and reasonable wishes of Canada
to assume such territory as may be useful for settlement; that the
districts of the Red River and the Saskatchewan seem the most
available; and that for the order and good government of the
country," arrangements should bo made for their cession to Canada.
It was also agreed that those regions where settlement is
impossible be left to the exclusive control of the Hudson's Bay
Company for the fur trade. The Committee not only recommended that
Vancouver Island should be made independent, but that the
territory of the mainland in British Columbia should be united
with it.
Four years after the sitting of this
Committee, which gave such anxiety to the Hudson's Bay Company,
Sir George Simpson, after a very short illness, passed away,
having served as Governor for forty years. In an earlier chapter
his place and influence have been estimated and his merits and
defects shown.
Sir George, in his high office as Governor of
Rupert's Land, was succeeded by A. J. Dallas, a Scottish merchant,
who had been in business in China, had retired, and afterwards
acted as Chief Factor of the Hudson's Bay Company at Fort
Victoria, in Vancouver Island, and had then married the daughter
of Governor James Douglas. Dallas had shown great nerve and
judgment in British Columbia, in a serious brush with the United
States authorities in 1859. Three years after this event he was
called to succeed the great Governor of Rupert's Land. On his
appointment to this high position, he took up his residence at
Fort Garry, and had, in conjunction with the local Governor,
William McTavish, to face the rising tide of dissatisfaction which
showed itself in the Corbett and Stewart rescues. Writers of the
period state that Dallas lacked the dignity and tact of old Sir
George. In his letters, however, Governor Dallas shows that he
thoroughly appreciated the serious state of matters. He says: "I
have had great difficulty in persuading the magistrates to
continue to act. Mr. William McTavish, Governor of Assiniboia, has
resigned his post." Governor Dallas says he "finds himself with
all the responsibility and semblance of authority over a vast
territory, but unsupported, if not ignored, by the Crown." He
states that people do not object to the personnel of the Hudson's
Bay Company government, but to the "system of government." He
fears the formation of a provisional government, and a movement
for annexation to the United States, which had been threatened. He
is of opinion that the "territorial right should revert to the
Crown." These are strong, honest words for an official of the
Company whose rule had prevailed for some two centuries.
And now Governor Dallas appears co-operating
in an ingenious and adroit financial scheme with Mr. E. W. Watkin,
a member of the British House of Commons, by which the Hudson's
Bay Company property changed hands. Edward Watkin was a financial
agent, who had much to do with the Grand Trunk Railway of Canada,
and had an intimate knowledge of Canadian affairs. He had
succeeded in interesting the Colonial Secretary of State, the Duke
of Newcastle, in a railway, road, and telegraphic scheme for
connecting the British possessions in North America.
Difficulties having arisen in inducing staid
old Governor Berens, the London head of the Company, to accept
modern ideas, a plan was broached of buying out the whole Hudson's
Bay Company possessions and rights. Difficulty after difficulty
was met and surmounted, and though many a time the scheme seemed
hopeless, yet in the end it succeeded, though not without much
friction and heart-burning. Watkin describes graphically the first
interview between throe members of the Hudson's Bay Company,
Berens, Eden Colville, and Lyall, of the first part, and Glynn,
Newmarch, himself, and three other capitalists of the second part.
The meeting took place in the Hudson's Bay Company House,
Fenchurch Street, February 1st, 1862. "The room was the 'Court'
room, dark and dirty, faded green cloth, old chairs almost black,
and a fine picture of Prince Rupert. Governor Berens, an old man
and obstinate, was somewhat insulting in his manner. We took it
patiently." It was a day of fate for the old Company.
Many interviews afterwards took place between
Watkin and the accountant and solicitors of the Company. The
Company would hear of no dealings, except on the basis of a cash
payment. The men of capital accordingly succeeded in interesting
the "International Financial Association," a new corporation
looking for some great scheme to lay before the public.
At length the whole shares, property, and
rights of the Hudson's Bay Company were taken over, the final
arrange-ments being made by Mr. Richard Potter on June 1st, 1863.
Thus the Company begun in so small a way by Prince Rupert and his
associates nearly two centuries before, sold out, and the purchase
money of one and a half millions of pounds was paid over the
counter to the old Company by the new Association.
A now company was now to be organized whose
stock would be open for purchase, and the International
Association would, on such organization being formed, hand over
the Company's assets to the new stockholders. In a short time the
Company was reconstituted, Sir Edmund Head being the new Governor,
with, as prominent members of the Board of Directors, Richard
Potter, Eden Colville, E. B. Watkin, and an American fur trader of
experience, Sir Curtis Lampson.
Secretly as the negotiations for the
formation of a new company had been conducted, the news of the
affair reached Canada and Rupert's Land, and led to anxious
inquiries being made and to a memorial from the Company's officers
being presented to the Board of Directors asking for information.
So thoroughly secret had the interviews between the London parties
been carried on that the officials of the London office know
nothing of them, and stated in their reply to the memorialists
that the rumours were incorrect. In July, when the transfer had
been consummated and the news of it appeared in the public press,
it created surprise and indignation among the chief factors and
chief traders, who, under the deed poll or Company arrangement
which had been adopted in 1821, though somewhat modified thirteen
years later, had been regarded as having certain partnership
rights in the Company.
Mr. Edward Watkin informs us, in his
interesting "Reminiscences," that he had intended that the
"wintering partners," as the officers in Rupert's Land were
called, should have been individually communicated with, but that
on account of his hasty departure to Canada the matter had been
overlooked. It certainly was irritating to the officers of the fur
trade to learn for the first time from the public press of an
arrangement being perfected involving their whole private Watkin
expresses his great apprehension lest the news in a distorted form
should reach the distant regions of the fur country, where the
Company had one hundred and forty-four posts, covering the
continent from Labrador to Sitka, Vancouver Island and San
Francisco. He feared also that there would be a new company formed
to occupy the ground with the old.
On reaching Canada, Mr. Watkin was agreeably
surprised at the arrival of Governor Dallas from Red River in
Montreal. After consultation it was decided on that the Governor
should send a conciliatory circular to the commissioned officers
of the Company, explaining the objects of the new Company, and
stating that all the interests of the wintering partners would be
conserved. It is evident that the attitude of the officers had
alarmed even such stout-hearted men as Watkin and Dallas. There
lies before the writer also a personal letter, dated London, July
23rd, 1863, signed by Edmund Head, Governor, to a chief trader of
the Company, stating that it was the intention of the Committee
"to carry on the fur trade as it has been hitherto carried on,
under the provisions of the deed poll.". None of the collateral
objects of the Company "should interfere with the fur trade." He
begs the officers to "have with him free and unreserved
communication through the usual channel." Evidently the echo of
the angry voices in Athabasca had been heard in London.
The old deed poll, which they had intended to
suspend, as shown by Watkin, was thus preserved. This document
secured them as follows: According to both deed polls of 1821 and
1834, forty per cent. of the net profits of the trade, divided
into eighty-five shares of equal amount, were distributed annually
among the wintering partners of the Company. A chief trader
received an eighty-fifth share of the profits, and a chief factor
two eighty-fifth shares. Both had certain rights after retiring.
The proposed abolition of these terms of the
deed poll and the substitution therefor of certain salaries with
the avowed purpose of reducing the expenses, of course meant loss
to every wintering partner. The interests thus involved justified
the most strenuous opposition on the part of the partners, and,
unless the proposal were modified, would almost certainly have led
to a disruption of the Company.
In harmony with Governor Head's circular
letter no action in the direction contemplated was taken until
1871, when, on the receipt of the three hundred thousand pounds
voted by Canada to the Company, the sum of one hundred and seven
thousand and fifty-five pounds was applied to buying out the
vested rights of the wintering partners, and the agitation was
quieted.
The effect of the arrangement made for the
payment of officers of the Company since 1871, as compared with
their previous remuneration, has been a subject of discussion.
There lies before the writer an elaborate
calculation by an old Hudson's Bay Company officer to the effect
that under the old deed poll a chief factor would receive two
eighty-fifth shares, his total average being seven hundred and
twenty pounds per annum ; and under the new (taking the average of
twenty-five years) two and one half-hundredths shares, amounting
to five hundred and thirty-two pounds annually, or a loss nearly
of one hundred and eighty-eight pounds; similarly that a chief
trader would receive three hundred and nineteen pounds, as against
three hundred and sixty formerly, or a loss per annum of forty-one
pounds.
Besides this, the number of higher
commissioned officers was reduced when the old deed poll was
cancelled, so that the stockholders received the advantage from
there being fewer officials, also the chances of promotion to
higher offices were diminished.
During the progress of these internal
dissensions of the Hudson's Bay Company public opinion had been
gradually maturing in Canada in favour of acquiring at least a
portion of Rupert's Land. At the time of the Special Committee of
1857, it will be remembered the Hind-Gladman expedition had gone
to spy out the land. A company, called the North-West
Transportation Company, was about the same time organized in
Toronto to carry goods and open communication from Fort William by
way of the old fur traders' route to Fort Garry.
The merits and demerits of the north-western
prairies were discussed in the public press of Canada. Edward
Ermatinger, whose name has been already mentioned, was a steady
supporter of the claim of the Hudson's Bay Company in a series of
well-written letters in the Hamilton Spectator, a journal of Upper
Canada. Taking the usual line of argument followed by the Company,
he showed the small value of the country, its inhospitable
climate, its inaccessibility, and magnified the legal claim of the
Hudson's Bay Company against the Canadian contention. It is
amusing to read in after years, when his opinion of Sir George
Simpson was changed, his declaration of regret at having been led
to so strenuously present his views in the Spectator.
Ten years had passed after the setting of the
great Committee of 1857, and nothing practical as to the transfer
of the country to Canada had been accomplished. The confederation
movement had now widened the horizon of Canadian public men. In
the very year of the confederation of the Canadian provinces
(1867), Hon. William McDougall, who had been a persistent advocate
of the Canadian claim to the North-West, moved in the Dominion
Parliament a series of resolutions, which were carried. These
resolutions showed the advantage, both to Canada and the Empire,
of the Dominion being extended to the Pacific Ocean; that
settlement, commerce, and development of the resources of the
country are dependent on a stable Government being established;
that the welfare of the Red River settlers would be enhanced by
this means; that provision was contained in the British
North-American Act for the admission of Rupert's Land and the
North-West territory to the Dominion ; that this wide country
should be united to Canada; that in case of union the legal rights
of any corporation, as the Hudson's Bay Company, association, or
individual should be respected ; that this should be settled
Judicially or by agreement; that the Indian title should be
legally extinguished ; and that an address be made to Her Majesty
to this effect. The resolutions were carried by a large majority
of the House. This was a bold and well-conceived step, and the era
of discussion and hesitancy seemed to have passed away in favour
of a policy of action.
The Hudson's Bay Company, however, insisted
on an understanding being come to as to terms before giving
consent to the proposed action, and a despatch to the Dominion
Government from Her Majesty's Government called attention to this
fact. As soon as convenient, a delegation, consisting of Hon,
George E. Cartier and Hon. William McDougall, proceeded to England
to negotiate with the Company as to terms. The path of the
delegates on reaching England proved a thorny one. The attitude of
the Imperial Government was plainly in favour of recognizing some
legal value in the chartered rights of the Company, a thing denied
by some, specially Mr. McDougall. No progress was being made. At
this Juncture D'Israeli's Government was defeated, and a delay
resulted in waiting for a new Government.. Earl Granville was the
new Secretary of State for the Colonies. While negotiations were
going on, the Hudson's Bay Company sent in to the Secretary of
State a rather hot complaint that Canadian surveyors and road
builders had entered upon their territory to the west of the Lake
of the Woods. This was quite true, but the action had been taken
by the Canadian Government under the impression that all parties
would willingly agree to it. Not being at this Juncture able to
settle anything, the commissioners returned to Canada. The
Imperial Government was, however, in earnest in the matter, and
pressed the Hudson's Bay Company to consent to reasonable terms,
the more that the government by the Company in Red River was not
satisfactory—an indisputable fact. At length the Company felt
bound to accept the proposed terms. The main provisions of bargain
were that the Company should surrender all rights in Rupert's
Land; that Canada pay the Company the sum of three hundred
thousand pounds; that the Company be allowed certain blocks of
land around their posts; that they be given one-twentieth of the
arable land of the country; and that the Company should be allowed
every privilege in carrying on trade as a regular trading company.
Thus was the concession of generous Charles the Second surrendered
after two centuries of honourable occupation.