to receive the furs that were brought thither from the factories, and conveniences were made for the reception of such as were obliged to winter there.

Orders were also given to dismiss Cap. Gillam from their service for his son's offences; and Cap. Sandford had the same usage, on account of his relation to the Gillams. Cap. William Bond, who had been under Mr. Baily, was sent for home; and other regulations made in the management of affairs, but all could not hinder the ruin of them all by the enemy.

The Company, by their Governours and agents, made such compacts with the captains or kings of the rivers and territories where they had settlements, for the freedom of trade there, exclusive of all others, that the Indians could not pretend they had encroach'd upon them. These compacts were rendered as firm as the Indians could make them, by such ceremonies as were most sacred and obligatory among them.

Now were the Company in possession of five settlements, viz., Albany River, Hayes Island, Rupert River, Port Nelson, and New Severn. Their trade at each of these was considerable. From Albany River they had generally 3,500 beavers a year; and by Mr. Sergeant's great care and fidelity, their commerce increased so much that the French began to be afraid all the Upland Indians might be drawn down to the Bay. They knew they could do anything with King James II., who then reigned in England, and that no affront would make that prince break with Lewis the XIV. Wherefore they resolved to drive the English out of all their places in the bottom of the Bay. First they took Hayes Island, and then the fort on Rupert's River. The French Company at Canada procured a detatchment of soldiers to be sent under the Chevalier de Troyes, who came overland from Quebec, and in a time of profound peace committed these acts of hostility.

The 8th of July, 1686, the Chevalier de Troyes came before the fort at Albany River, where the Governour, Mr. Sergeant then resided. Two Indians had informed him of their having surpriz'd the forts at Hayes Island and Rupert River, and having brought with them the great guns from those places.

Two hours after the English heard them discharging their guns, and saw some of them at a distance. Upon which part of the Company's servants declar'd they would not venture their lives unless they might be assur'd of pay, and sent John Parsons and John Garret, two of their number, in all their names, to the Governour, to tell him their resolutions. Mr. Sergeant, by promises and giving them cloaths and other necessaries, prevail'd with them to return to their charge. But in a day or two they mutiny'd again, and Elias Turner, the gunner, possess'd the people with an apprehension that it was impossible to hold out the place, declaring that for his part he would throw himself on the French. Accordingly he went to the Governour, and desir'd leave so to do; but being threat'ned to be shot to death in case he attempted it, he was at last perswaded to return to his post.

The English shot at the French as long as they appeared in the brushes, and forc'd them to retire under the banks, where the guns from the fort could not hit them.

The French had found a way to bring their great guns through the woods, and had planted them on their battery before the English saw them. The enemy's shot had made a breach in the flankers, and damaged the houses in the fort; upon which, and the repeated desires of the men, the Governour consented to a parley; Mr. Bridger assuring him the enemy were mining them, and they should certainly be blown up. Cap. Outlaw also agreed to capitulate, and the white flag was hung out; after which a treaty was concluded.†

At this time Thomas Phips, Esq., was Governour of Port Nelson, which was not then taken by the French; and the Company expected Fort Albany would have been restor'd to them in King James' time; but all their solicitations were in vain, and all the settlements they had, Port Nelson excepted, were abandoned to the French.

The war breaking out, as has been said, between the two nations, the Hudson's Bay Company solicited for soldiers to be sent thither to recover their settlements; and in the year 1693 they retook all the forts and factories which the French had taken from them in time of peace.

*Which is proof that the French still held that trade.

This is given on page 110, ante.

In spite of the Treaty of Neutrality.

In which expedition they met with no more difficulties than the Chevalier de Troyes had met with. Cap. Grinnington was the person employ'd for this service; and John Knight, Esq., was appointed Governour of Fort Albany; but his government was of no long continuance, for in a little time the French sent such a power against the English, that they again drove them from all their settlements in the bottom of the Bay.

The French Company made Monsieur de la Fores Governour of Fort Albany, and garrison'd all forts they had taken, which made it necessary for the Government to send a stronger power than the Company could raise to recover them.

The King of England, to protect their trade, assign'd two men-of-war for their service, in the year 1696, as the Bonaventure, Cap. Allen, Commander, and the Seaford. Cap. Allen, coming into the River Hayes, sent to summon all the forts to surrender, and the French Governour finding he could not defend them against the English, capitulated, and on the 2nd of August, 1696, surrender'd Albany Fort.

Cap. Allen took the Governour and some of his men aboard his own ship; some he put aboard the Seaford, and the rest aboard a merchantman call'd the Dering. In his return he fought the Mary Rose, frigat, then a French privateer of 50 guns, and was kill'd in the engagement, which gave the Frenchman an opportunity to bear away.

As to the other two forts, they followed the fate of Albany, and Mr. Knight was restored to his government; at which time John Geyer, Esq., was Governour of Port Nelson. Mr. Knight had serv'd Mr. Sergeant while he was Governour of Fort Albany, and was well acquainted with the trade.

In the year 1697, the Hampshire, frigat, and Owner's Love, fire-ship, two of the King's ships, were lost in this Bay, and all the men drown'd. Indeed, the ice renders it so dangerous that the commerce seems to be not worth the risk that is run for it. Whether those two ships ran against those frozen mountains that float in that sea, or founder'd, is not known; but 'tis certain they were lost, and all the men perish'd.

In the present war they lost Port Nelson to the French, and have either given up or deserted all their settlements, except Fort Albany, where Mr. Knight manag'd their affairs till the year 1706, when he was succeeded by John Fullerton, Esq., the present Governour at Albany River.

HUDSON'S BAY COMPANY'S STATEMENT OF THEIR TITLE AFTER

TREATY OF RYSWICK.*

A DEDUCTION OF THE RIGHT AND TITLE OF THE CROWN OF GREAT Britain aND THEREIN OF OUR MOST GRACIOUS SOVEREIGN LADY QUEEN ANNE, TO ALL THE STREIGHTS, BAYS, SEAS, RIVERS, LAKES, CREEKS, ISLANDS, SHORES, LANDS, TERRITORIES AND PLACES WHATSOEVER WITHIN HUDSON'S STREIGHTS AND HUDSON'S BAY, AND OF THE RIGHT AND PROPERTY OF THE HUDSON'S BAY COMPANY, DERIVED FROM THE IMPERIAL CROWN OF GREAT BRITAIN BY LETTERS PATENT OF INCORPORATION, AND A FREE GRANT OF ALL THE PREMISES FROM KING CHARLES YE SECOND, Ao. 1670.

That Hudson's Bay (with all that belongs thereto, within Hudson's Streights, in North America), was first discovered by Sr. Sebastian Cabbat, Grand Pilot to King Henry the Seventh, who gave English names to several places of the said Bay.

Sr. Martin Furbisher, in Queen Elizabeth's time, made three voyages to the said Bay in 1576, 1577 and 1578, and gave English names to several places there.

Captain Davis made three voyages thither in the years 1585, 1587 and 1588, and gave English names to several parts of the said Bay.

Henry Hudson, an Englishman, sailed to the Streights and Bay, from him called Hudson's Streights and Hudson's Bay, and keeps that denomination to this day in all the authentic maps in ye world, and even in the maps of the best geographery of France. The said Hudson stayed a whole winter there, took possession thereof in the name of the

* Pownall's Manuscripts, "Trade," Vol. I., p. 64.

King of England, traded with the salvages, and gave names to several other parts of the Streights and Bay.

Sir Thomas Button pursued the discovery and possessions of the aforesaid Hudson, sailed into the Streights and Bay with two ships, and particularly into Fort Nelson where he wintered, and buried the commander of his ship there, in memory of whom he gave it the name of Port Nelson, and called that particular bay Button's Bay (as it is still called in the maps), took possession thereof in the name of his master, King James the First, and gave several other English names to other places in the bay, and erected a cross there, declaring thereon the right of the Crown of England.

Captain Luke Fox, by command of King Charles the First, made a voyage to Hudson's Bay, and amongst other places entered Port Nelson, and finding there the cross erected by Sir William Button, with the inscription defaced, and almost worn-out, he erected it again with a new inscription, declaring the right and possession of his then Majesty King Charles the First, named the adjacent country New North Wales, and published a journal of his voyage.

Note. That the troubles and civil wars which soon after broke out in England, might be one principal cause why those voyages were not prosecuted, trade in general then failing, and navigation and discoverys wanting the encouragement of the Governmenttill after the Restoration of King Charles the Second. Yet it is observable that all that while (for so many years) that those places and countries lay neglected and unfrequented of the navigation or commerce of any European nation, the French do not in the least pretend to have then visited those parts, or to have formed a possession, or attempted any commerce with any people upon those coasts, nor do they pretend that ever any French vessel sailed Hudson's Streights or Hudson's Bay till of late years.

It was, then, after the happy Restoration of King Charles the Second, that trade and commerce began to revive, and in particular that from noblemen and other public-spirited Englishmen, not unmindful of the discovery and right of the Crown of England to those parts in America, designed at their own charge to adventure the establishing of a regular and constant trade to Hudson's Bay, and to settle forts and factories, whereby to invite the Indian nations (who lived like savages, many hundred leagues up in the country), down to their factories, for a constant and yearly intercourse of trade, which was never attempted by such settlements, and to reside in that inhospitable country, before the aforesaid English Adventurers undertook the same.

Wherefore, after a long time of consultation, and the necessary preparations for so great a charge, in the year 1667, one Zachary Gilham was provided of a ship and goods in London, sailed through Hudson's Bay to the bottom of the Bay, settled a trade, and built a fort there, which he called Charles Fort, on a river which he named Rupert's River, in honour to Prince Rupert, who was pleased to be concerned with, and was one of those Adventurers; in which place the Hudson's Bay Company continued a trade, and had there a factory, until the same was unjustly taken from them by the French in time of peace.

Another voyage was undertaken by the same Adventurers, and one Captain Newland was sent, who entered Port Nelson, settled there, and anew declared right and title of His Majesty to that river and the countrys adjacent, and there fixed up His Majesty's Arms, as a mark of his sovereignty over the said places.

After the charge of those voyages, and the experience by these settlements, that a great trade might be brought to England by beavers, furs and other commodities, for the just encouragement of so good and public a benefit, and the persons that had laboured in it, his then Majesty King Charles the Second was graciously pleased, in the year 1670, according to the undoubted and inherent right of His Imperial Crown of England by his Royal Letters Patent to incorporate the said Adventurers, and to grant unto His Highness Prince Rupert, the Duke of Albermarle, Earl of Craven, Lord Arlington, Lord Ashley, and divers others and their successors for ever, all the lands and territories aforesaid, to be reckoned and reputed as one of His Majesty's plantations and colonies in America, by the name of Rupert's Land, and further, to create and constitute them and their successors the true and absolute lords and proprietors of the same, and of all the territories, limits, and places thereto belonging, to have, hold, possess, and enjoy the same for ever, as of His Majesty's manor of East Greenwich, in free and common soccage, &c.

In the same year the Company so incorporated sent out one Charles Baily as Governor of their factories and settlements in the Bay, with whom Monsieur Frontenac, then Governor of Canada, by letters and otherwise, entertained a good correspondence, not in the least complaining in several years of any pretended injury done to the French, by the said Companies settling a trade and building of Forts at the bottom of the Bay.

The said Charles Baily (as the Company's Governor) sent a ship from the bottom of the Bay, called the Imploy, to Port Nelson, to settle a trade there with the natives.

As did also Captain Draper, with the ship Albemarle.

But after about fifteen years' labour and charge, continual voyages, Factorys and Settlements, and the trade with the natives established, the French began to annoy this new and growing trade, and thought it worth their while to study some pretences to invade and rob the English, and to deprive them of some part of the said country.

When the English Company were building a Fort and settling a Trade at Port Nelson, the French, having formed a private expedition at Quebec, in Canada, by confederacy of one La Chanay, and other private persons, came suddenly with two ships into the said river of Port Nelson, and with a stronger force surprised the said Company's men, and dispossessed them of their place and settlement, carried them prisoners to Canada, and pretended to settle a trade there themselves; but this was the first time that ever the French did sail a vessel into the Hudson's Bay since the beginning of the world. This was a piratical expedition, and the authors of it were prosecuted as such, by frequent memorials from hence at the Court of France, where the same was disowned by His Most Christian Majesty, and satisfaction promised by him accordingly.

But as the French seldom want assurance for their pretensions or claim to anything for their advantage, so they never fail of artifice or force (when they can) to back such their pretences; and when by violence, rapine, and murder, they got themselves into an unjust possession, as aforesaid, then they pretended to expostulate all by a treaty (as if they were upon an even foot with the right possessor), and they seconded this injurious invasion and assault, a year or two after, and by taking a ship of the Company's, one Edward Humes, Commander, with the goods, and carried the men away prisoners, and for above a year fed them on bread and water.

They formed a greater design, and went with a considerable force overland, from Canada to the bottom of the Bay, and by force or treachery, surprised and took all the Company's factorys there, with all the ammunition, goods, stores and merchandize therein, to a very great value, murdered and destroyed many of His Majesty's subjects; and all these invasions, seizures and depredations were in a time of peace, and the best correspondence between the two Crowns; which is an action scarce to be paralleled by any civilized nation, when the way is open for complaints to the Prince on either side.

Upon these repeated injuries, the said Company complained several times to His then Majesty King James the Second. Several memorials were presented at the French Court by the public Ministers then there, My Lord Preston, Sir Wm. Trumbal and Mr. Skelton:. at last His Most Christian Majesty did appoint Commissioners to meet at London, to treat of those matters, and Monsieur Bonrepos was sent over thither, to be joined with Monsieur Barillon, the French Ambassador, in that affair, whereas many papers were exchanged on both sides (but were in that reign so advantageous to the French interest), they did not obtain one inch from the right of the Imperial Crown of Great Britain, nor from the property of the Hudson Bay Company. But on the contrary, His then Majesty did declare that his honour and the Company's interest were concerned therein, and would have reparation for both.

At His late Majesty, King William the Third, his happy accession to the throne, the said Company put in a fresh petition and memorial to His Majesty, of their grievous suffering from the French, which His Majesty was greatly pleased to resent so far that he made it one of the articles and grounds of a declaration of war against France.

And then by the late Treaty of Ryswick, Commissioners were appointed on both sides to examine and determine the rights and pretensions which either king had to the place, situated in Hudson's Bay; before which Commissioners the right and title of the Crown of England to the whole Streights and Bay of Hudson was then clearly made out, which the French could never disprove; yet they still most unjustly keep possession of the greatest part thereof, which if they be permitted to enjoy, they will become sole masters of all Her

Majesty's dominions and territorys in those parts, which are of great extent, and the undoubted right of the Crown of Great Britain, and of very great concern to all Her Majes ty's subjects, especially to those that inhabit or trade to the northern parts of Her Majesty's plantations in America.

HUDSON'S BAY COMPANY'S STATEMENT OF RIGHTS, 1850.

STATEMENT OF THE RIGHTS, AS TO TERRITORY, TRADE, TAXATION, AND GOVERNMENT, CLAIMED AND EXERCISED BY THE HUDSON'S BAY COMPANY ON THE CONTINENT OF NORTH AMERICA, 1850.*

By the Charter of His Majesty King Charles the Second, dated 2nd May, 1670, by which the Hudson's Bay Company was constituted, His Majesty granted to the Company as follows:

"We have given, granted and confirmed, and by these presents, for us, our heirs and successors, do give, grant and confirm, unto the said Governor and Company, and their successors, the sole trade and commerce of all these seas, straits, bays, rivers, lakes, creeks and sounds, in whatsoever latitude they shall be, that lie within the entrance of the straits, commonly called Hudson's Straits, together with all the lands and territories upon the countries, coasts and confines of the seas, bays, lakes, rivers, creeks and sounds aforesaid, that are not already actually possessed by, or granted to any of our subjects, or possessed by the subjects of any other Christian Prince or State, with the fishing of all sorts of fish, whales, sturgeons and all other royal fishes in the seas, bays, inlets and rivers within the premises, and the fish therein taken, together with the royalty of the sea upon the coasts within the limits aforesaid, and all mines royal, as well discovered as not discovered, of gold, silver, gems and precious stones, to be found or discovered within the territories, limits and places aforesaid, and that the said land be from henceforth reckoned and reputed as one of our plantations or colonies in America, called Rupert's Land.' And further we do, by these presents, for us, our heirs and successors, make, create, and constitute the said Governor and Company for the time being, and their successors, the true and absolute lords and proprietors of the same territory, limits and places aforesaid, and of all other the premises, saving always the faith, allegiance and sovereign dominion due to us, our heirs and successors, for the same; to have, hold, possess and enjoy the said territory, limits and places, and all and singular other the premises hereby granted as aforesaid, with their and every of their rights, members, jurisdictions, prerogatives, royalties and appurtenances whatsoever, to them the said Governor and Company, and their successors for ever, to be holden of us, our heirs and successors, as of our manor of East Greenwich, in our County of Kent, in free and common soccage, and not in capite or by Knight's service, yielding and paying yearly to us, our heirs and successors, for the same, two elks and two black beavers, whensoever and as often as we our heirs and successors, shall happen to enter into the said countries, territories and regions hereby granted."

Under this grant the Company have always claimed and exercised dominion as absolute proprietors of the soil in the territories understood to be embraced by the terms of the grant, and which are more particularly defined in the accompanying map; and they have also claimed and enjoyed the exclusive right of trading in those territories.

It may be right here to mention that although the original title to the territory and trade in question was derived under the Charter above referred to, the rights of the Company have, in various instances, received the recognition of the Legislature.

The Act 14 Geo. 3, chap. 83, which is intituled, "An Act for making more effectual provision for the government of the Province of Quebec, in North America," in describing the boundaries of Canada, expressly refers to their lying "northward to the southern boundary of the territories granted to the Merchants Adventurers of England

* Appendix No. 17, Sess. Papers, Canada, Vol. XV., 1857.