discovery down Mackenzie's River to the North Sea; and also a Mr. McKay to cross the Rocky Mountains, and proceed to the Western Ocean with the same objects. They have had a gentleman by the name of Thompson making a geographical survey of the north-west part of the continent, who for three years, with an astonishing spirit of enterprise and perseverance, passed over all that extensive and unknown country. His establishment, although not splendid, (the mode of travelling not admitting it), was such as to allow of the most unlimited expenses in everything necessary to facilitate his inquiries; and he is now engaged in digesting the important results of his undertaking. I find from the observations and suggestions of Mr. Thompson, that when at the source of the Mississippi, it was his opinion the line of limits between the United States and Great Britain must run such a course from the head of the Lake of the Woods as to touch the source of the Mississippi; and this I discovered to be the opinion of the North-West Company, who, we may suppose, or reasonably conclude, speak the language held forth by their Government. The admission of this pretension will throw out of our territory all the upper part of Red River, and nearly twofifths of the territory of Louisiana; whereas if the line is run due west from the head of the Lake of the Woods, it will cross Red River nearly at the entranee; and, it is conjectured, strike the Western Ocean at Birch Bay, in Queen Charlotte Sound. These differences of opinion, it is presumed, might be easily adjusted between the two Governments at the present day; but it is believed that delays, by unfolding the true value of the country, may produce dificulties which do not at present exist. The North-West Company have made establishments at several places on the south side of Lake Superior, and at the head waters of the rivers Sauteaux and St. Croix, which discharge themselves into the Mississippi. The first I met with on the voyage up, was at lower Red Cedar Lake, about one hundred and fifty miles above the Isle de Corbeau, being on the eastern side of the river, and distant therefrom six miles. It is situated on the north point of the lake, and consists of log buildings, flanked by picketed bastions on two right angles. The next establishment I met with was situated on Sandy Lake.

The Fort at this place is situated on the south side of the lake near the east end, and consists of a stockade of one hundred feet square with bastions, and the south-east and northFest angles pierced for small arms. The pickets are squared on the outside, and round within, of about one foot in diameter, and are thirteen feet above ground. There are

three gates. The principal one fronts the lake on the north, and is ten feet by nine; the one on the west, six feet by four; the one on the east, six feet by five; as you enter by the main gate you have on the left a building of one story twenty feet squarc, the residence of the superintendent; opposite to this house on the left of the east gate is a house twenty-five feet by fifteen, the quarters of the men; on entering the west gate you will find the store-house on the right, thirty feet by twenty, and on your left a building, forty feet by twenty, which contains rooms for clerks, a workshop and a provision store.

On the west and north-west is an enclosure of about four acres picketed in, in which last year they raised four hundred bushels of potatoes, cultivating no other vegetable; in this enclosure is a very ingeniously constructed vault to contain the potatoes, but which likewise has secret apartments to conceal liquors, dry-goods, etc.

Midway between Sandy Lake and Leech Lake is a small house worthy of notice. On the south-west side of the latter lake from the outlet of the Mississippi, stand the headquarters of the Fond du Lac department.

The fort is situated on the western side of the lake in 47° 16′ 13′′ north latitude; it is built near the shore on the declivity of a rising ground, having an enclosed ground of about five acres on the north-west. It is a square stockade of one hundred and fifty feet, the pickets being fifteen feet in length, three feet under, and thirteen above ground, and are bound together by horizontal bars, each ten feet long; pickets of ten feet are likewise driven into the ground on the inside of the work opposite the apertures between the large pickets. At the west and east angles are square bastions pierced for fire-arms. The main building in the rear fronting the lake, is sixty feet by twenty-five, one-and-a-half stories high, the west end of which is occupied by the director of the Fond du Lac department: he has a hall eighteen feet square, bed-room and kitchen, with an office. The centre is a trading-shop of twelveand-a-half feet square with a bed-room in the rear, of the same dimensions; the east end is a large store, twenty-five feet by twenty, under which there is an ice house well filled; the loft extends over the whole building, and contains bales of goods, packs of peltries, also

chests containing wild rice; besides the ice-house, there are cellars under all the other parts of the building. The door and window-shutters are musket proof.

On the western side is a range of buildings, fifty-four by eighteen teet, fronting the parade, the first end of which is a cooper's shop, eighteen feet by fourteen, with a cellar ; adjoining to which is a room called the Indian Hall (expressly for the reception of the Indians, and in which the chiefs who met me in council were entertained). In this hall are two close bunks for interpreters; its dimensions are twenty-two feet by eighteen. Adjoining to this is a room, eighteen feet square, for the clerks (in which my small party were quartered); under both of the latter rooms are cellars. On the eastern side is a range buildings fifty feet by eighteen, which has one room twenty feet, and one of fifteen feet, for quarters for the men; also a blacksmith's shop of fifteen feet, which is occupied by an excellent workman. On the left of the main gate, fronting the river, is a flag-staff of sixty feet in height.

of

They intend building a small block-house over the main gate fronting the lake, to place a small piece of artillery in. There are likewise gates on the north and east flanks, of about

ten feet by eight.

Here resides the director of this department. This department brings in annually forty canoes, and it appears by a calculation made by a gentleman of veracity and information, who has been eighteen years in the Indian trade, and in the habit of importing goods by Michillimackinac, that the annual amount of duties would be about thirteen thousand dollars. The lower Red River, which I conceive to be within our territory, would yield about haif that sum, viz. six thousand five hundred; and the Hudson Bay Company servants, who import by the way of Lake Winipic, six thousand five hundred more.

Thus is the United States defrauded annually of about twenty-six thousand dollars. From my observations and information, I think it will be an easy matter to prevent the smuggling of the Fond du Lac department, by establishing a post with a garrison of one hundred men, and an office of the customs near the mouth of the River St. Louis. where the Fond du Lac department must enter. This is at present the distributing point, where the Company have an establishment, and the goods, on being received from Kamanitiquia, are embarked for their different destinations. That point also commands the communication with Sandy Lake, Leech Lake, Red Lake,* &c., &c., I am also of opinion that the goods for Red River (if it is within our boundary) would enter here, in preference to being exposed to seizure. It is worthy of remark that the charter of the Hudson's Bay Company extends to all its waters; and if the British Government conceive they have authority to make such a grant, they must certainly claim the country therein specified, which would extend far south of the west line from the head of the Lake of the Woods. The North-West Company were about to push their trade down the Missis sippi until they should meet the traders of Michillimakinac, but I gave them to understand this could not be permitted.

Z. M. PIKE.

First United States Regiment of Infantry.

To HUGH MCGILLIS, Esq., Proprietor and Agent of the North-West Company established at Fond du Lac.

NORTH-WEST ESTABLISHMENT ON LAKE LEECH,

February, 1806.

SIR,-As a proprietor of the North-West Company and director of the Fond du Lac department, I conceive it my duty as an officer of the United States (in whose territory you are) to address you solely on the subject of the many houses under your instructions As a member of the greatest commercial nation in the world, and of a company long renowned for their extent of connection and greatness of views, you cannot be ignorant of the rigour of the laws of the duties of imports of a foreign power.

Mr. Jay's treaty, it is true, gave the right of trade with the savages to British subjects in the United States territories, but by no means exempted them from paying the duties, obtaining licenses, and subscribing to all the rules and restrictions of our laws. I find your

ments at every suitable place along the whole extent of the south side of Lake r to its head, and from thence to the source of the Mississippi, down Red River, and tending to the centre of our newly-acquired territory of Louisiana, in which it will yet become a question between the two Governments if our treaties will authorize the subjects to enter into the Indian trade on the same footing as in the other parts of tiers, this not being an integral part of the United States at the time of the said Our traders to the south on the Lower Mississippi, complain to our government tice, that the members of the North-West Company encircle them on the frontiers of th-west territory, and trade with the savages upon superior terms to what they can tho pay the duties of their goods imported from Europe, and subscribe to the reguprescribed by law; these representations have at length attracted the attention of rnment to the object in question, and with an intention to do themselves as well as tizens justice, they the last year took some steps to ascertain the facts, and make against the growing evil. With this, some geographical, and also local n view, was I despatched with discretionary orders, with a party of troops to the f the Mississippi. I have found, sir, your commerce and establishments extending our most exaggerated ideas, and in addition to the injury done our revenue by the of the duties, other acts which are more particulurly injurious to the honour and of our government.

e transactions alluded to are, the presenting medals of his Britannic Majesty, and his government, to the chiefs and warriors resident in the territory of the United If political subjects are strictly prohibited to our traders, what would be the ideas xecutive to see foreigners making chiefs and distributing flags, the standard of a power? The savages being accustomed to look on that standard which has been prevailing one for years, as that which alone has authority in the country, it would the least astonishing to see them revolt from the limited subjection which is claimed a by the American Government, and thereby be the cause of their receiving chastisehough necessary, yet unfortunate, as they have been led astray by the policy of the your country. I must likewise observe, sir, that your establishments, if properly would be looked on with an eye of dissatisfaction by our government, for another iz., there being so many furnished posts. In case of a rupture between the two ne English Government would not fail to make use of these as places of deposit for nunition, etc., to be distributed to the savages who joined their arms, to the great e of our territory, and the loss of the lives of many of our citizens. Your flags, sir, ted in enclosed works, are in direct contradiction to the laws of nations, and their the like cases, which only admits of a foreign flag being expanded on board of d at the residence of Ambassadors or Consuls.

not ignorant of the necessity of your being in such a position as to protect you sallies of drunken savages, or the more deliberate plans of the intended plunderer, r these considerations have I considered your stockades. You, and the Com

which you belong, must be conscious from the foregoing statement, that strict uld demand, and I assure you the law directs under similar circumstances, a scation of your property, personal imprisonment, and fines; but having discrestructions, and no reason to think the conduct above noticed was dictated through disrespect to our Government, and conceiving it in some degree departing from ter of an officer to embrace the first opportunity for executing those laws, I am sacrifice my prospect of private advantage, conscious that the Government looks erest but to its dignity in the transaction. I have therefore to request of you asn the following heads, which, setting aside the chicanery of law, as a gentleman strictly adhere to, viz.: That you will make representations to your agents at quarters on Lake Superior, of the quantity of goods wanting the ensuing spring stablishment in the territory of the United States, time sufficient, or as early as for them to enter them at the Custom House of Michillimackinac, and obtain a and license to trade in due form, and that you will give immediate instruction to

Councils with them on political subjects, or others foreign from that of the trade; but on being applied to on those heads, will refer them to the American Agents, informing them that they are the only persons authorized to hold Councils of a political nature with them. There are many other subjects, such as the distribution of liquor, etc., which would be too long to be treated of in detail; but the Company will do well to furnish themselves with our laws, regulating the commerce with the savages, and regulate themselves in our territories accordingly. I embrace this opportunity to acknowledge myself and command under similar obligations to yourself and agents for the assistance which you have rendered us, and the polite treatment with which I have been honoured. With sentiments of high respect for the establishment and yourself,

I am, Sir,

Your most obedient servant,

Z. M. PIKE.

To LIEUTENANT PIKE, First Regiment United States Infantry.

LEECH LAKE, 15th February, 1806.

SIR,-Your address, presented on the 6th instant, has attracted my most serious consideration to the several objects of duties on importations; of presents made to, and our consultations with, the Indians; of enclosing our stores and dwelling houses; and finally, of the custom of hoisting the British flag on the territory belonging to the United States of America. I shall, at as early a period as possible present the agents of the North-West Company with your representations regarding the payment of the duties on the importation of goods to be sent to our establishments within the boundaries of the territories of the United States, as also their being entered at the Custom House at Michillimackinac ; but I beg to be allowed to present for consideration, that the major part of the goods necessary to be sent to the said establishment for the trade of the ensuing winter, are now actually in our stores at Kamanitigua, our headquarters on Lake Superior, and that it would cause us vast expense and trouble to be obliged to convey those goods to Michillimackinac, to be entered at the Custom House office: we therefore pray that the word of a gentleman with regard to the quantity and quality of the said goods to be sent to the said establishment, may be considered as equivalent to the certainty of a Custom House register. Our intention has never been to injure your traders, paying the duties established by law, and hope those representations to your government respecting our concerns with the Indians may have been dictated with truth and not exagge rated by envy, to prejudice our interests, and throw a stain upon our character which may require time to efface from the minds of a people to whom we must ever consider ourselves indebted for the lenity of procedure, of which the present is so notable a testimony. The inclosures to protect our stores and dwelling-houses from the insults and barbarity of savage rudeness, have been erected for the security of property and person in a country, till now, exposed to the wild will of the frantic Indians. We never formed the smallest idea that the said inclosures might ever be useful in the event of a rupture between the two powers, nor do we now conceive that such poor shifts will ever be employed by the British Government. In a country overshadowed with wood, so adequate to every purpose, forts might in a short period of time be built far superior to any stockades we may have occasion to erect.

We were not conscious, Sir, of the error I acknowledge we have been guilty of, by exhibiting to view on your territories any standard of Great Britain. I will pledge myself to your government, that I will use my utmost endeavours, as soon as possible, to prevent the future display of the British flag, or the presenting of medals, or the exhibiting to public view any other mark of European power, throughout the extent of the territory known to belong to the dominion of the United States. The custom has long been established, and we innocently and inoffensively (as we imagined), have conformed to it till the present day.

Be persuaded that on no consideration shall any Indian be entertained on political subjects, or on any affairs foreign to our trade, and reference shall be made to the American agents should any application be made worthy such reference. And be assured that we, as a Commercial Company, must find it ever our interest to interfere as little as possible with

affairs of Government in the course of trade, ignorant as we are, in this rude and distant country, of the political views of nations.

We are convinced that the inestimable advantages arising from the endeavours of your Government to establish a more peaceful course of trade in this part of the territory belonging to the United States, are not acquired through the mere liberality of a nation, and are ready to contribute towards the expense necessarily attending them. We are not averse to pay the common duties established by law, and shall ever be ready to conform ourselves to all rules and regulations of trade that may be established, according to common justice.

I beg leave to be allowed to say that we have reason to hope that every measure will be adopted to secure and facilitate the trade with the Indians, and these hopes seem to be confirmed beyond the smallest idea of doubt, when we see a man sent among us who, instead of private consideration to pecuniary views, prefers the honour, dignity, and lenity of his Government, and whose transactions are in every respect so conformable to equity.

When we behold an armed force ready to chastise or protect, as necessity or policy may direct, we know not how to express our gratitude to that people whose only view seems to be to promote the happiness of all,-the savages that rove over the wild confines of their domain, not excepted.

It is to you, Sir, we feel ourselves most greatly indebted, whose claim to honour, esteem, and respect will ever be held in high estimation by myself and associates. The dangers and hardships by your fortitude vanquished and by your perseverance overcome, are signal, and will ever be preserved in the annals of the North-West Company. Were it solely from the consideration of those who have exposed their lives in a long and perilous march, through a country where they had every distress to suffer, and many dangers to expect (and this with a view to establish peace in a savage country), we should think ourselves under the most strict obligations to assist them; but we know we are in a country where hospitality and gratitude are to be esteemed above every other virtue, and therefore have offered for their relief what our poor means can allow.

And, Sir, permit me to embrace the opportunity to testify that I feel myself highly honoured by your acceptance of such accommodations as my humble roof could afford. With great consideration and high respect for the Government of the United States, allow me to express my esteem and regard for you.

I am, Sir,

Your most obedient servant,

H. MCGILLIS,

of the North-West Company.

XI.

Legal Opinions on the Hudson's Bay Company's Charter.

OPINION OF SIR D. RYDER AND SIR W. MURRAY, 1748.*

JOINT OPINION of the Attorney and Solicitor-General, SIR DUDLEY RYDER and SIR WILLIAM MURRAY, on a Petition which had been referred to the Privy Council, praying that the Petitioners might be incorporated, and that the Crown would grant to them the Property of all the Lands they should discover, settle, and plant in North America, adjoining to Hudson's Bay, not already occupied and settled by the Hudson's Bay Company, with the like Privileges and Royalties as were granted to that Company, with the Right of exclusive Trade. 1748.

We have taken the same (petition) into consideration, and have been attended by

* Forsyth's "Constitutional Law,” p. 432.