The Case of the Hudson's-Bay Company [microform]

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23 WEST MAIN STREET

WEBSTER, N.Y. 1 4580

(716) 873.4503

Canadian Institut

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The

May.

Cha. 11.

1669.

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T/^i) J<9 N's-BAr Coittpaflv.

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HIS late Majefy King CharUs the Secorid, by Cht^tef under the Great Seal, redtine, That Prince
Rupert^ and divers other Perfons therein named, |fed, at their great Coft, undert^en an Expe-
dition for Hudfon*s-Bayi in the North-weft Parts tef America, for the Difcovery of a ncW Paflkgd
into the South-Seat and for finding fome Trade ftr Furs, and other Commodities i and had ther6
made fuch Difcoveries as encouraged them to proceed furthsr ; and had befought his Majefty to incorporate
them, and grant them the lolc Trade and Commerce of ihofe Parts-, and his Majefty being dtfirous td'
promote all Endeavours tending to the pubiick Good, did incorporate them by thfeNime of, The Governor and
Company of Adventunrs of England trading into Hudfon's-By i and did give ^nd grant unto the faid Go-
vernor and Company, and their Succeffors, for ever, the fol Trade and Commerce of thofe Seas, Rivers,
and Lakes, m whatfoever Latitude they fhould be, that li«i within the Enwanc6 of the Streights, cdllitd
Hudfon*s StreigbtSy widi ail the Lands upon the Coafts and Confines thereof, thit were not then polTeflcd bf
or granted to any of his Majefty's Subjefts, or poffeffcd bvUny other Chriftian State-, and the >Vhole ahd
intire Trade and Traffick to and with the Natives and People inhabiting thofe Patts, and Cdafljs ^dj^ceht.' ",

This Grant (as it appears from the Tenor thereof \ vasijiaHa
irers in^ a X rade to tiudfon j-Bay ; and which they bad tl^reby

turcrs in^ a iradc to nuajonj-jsay ; ana wmcn tney oaa tifreoy merited •, and the Crown might laSiirfully
grant them, and did grant, by fuch Defcriptions as the hen Knowlege of thife newly diit:overdd Pdrts
would admit of : And it was for their jR*w«r</, and to encofrage them to profea^*- a Trade they had thus
begun, to Parts where no civilized Inhabitants dwelt, and line but difperfed /' were to bif met with,
to Parts (perhaps the moft inhofpitable) and where the greajft Extreme of Cold 3 relt, 3f any ih the known

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v^Mi^nnii aujjLLiiL.

This Grant (as it appears from the Tenor therenf \ vasinaH« t« tV,o firft niijo.vn:*.. »c, ^,,a AUvcn*
furcrs in, a 1 radc to HudforCs-Bay ; and which they i&tfrf tftreby merited ; and the Crown might lawfully
grant them, and did grant, by fuch Defcriptions as the hen Knowlege of thife newly difcovcfcd Parts
would admit of : And it was for their Rewardy and to encarage them to profecite a Trade they had thus
begun, to Parts where no civilized Inhabitants dweh, and rjne but difperfed Inddns vfere to be met with,
to Parts (perhaps the moft inhofpitable) and where the greajft Extreme r*" Cold i felt, )f any ih tht known
Parts of the Globe, to which any Trade is carried, and tlf>ugh a Sea filled wit! Ice, of fuch Bodies, and
of fuch mountainous Height, as, by the concurrent Teftin^iy of all Navigators, is notto be rrifct with in
any other Parts, though nearer to the Pole : So true is iA, Obfervation, that tfe excfftive Cold oi: Heat
that is met wUh in many Places, is owing to other Ci'fumftances, than ntrely :he L^itltude of its
Situation.

The Company, foon after this Charter, profecuted the Tide to Hudfon* s-Ba^^ by fending (everal Ships,
laden with Merchandize, into thefe Parts, and by ereft'wt Storehoufes and F.ftories there, dnd fending
Perfons up into the Country to cultivate an Underftandinguith the Natives j a^ though it was attended
with a great Expencc, and was a Work of Hazai-d and Ditulty, and that rcqnired Time and Pains to
cf^eft and fettle a Correfpondence and Traffick with the wit diiperfed Natives there, who had never feen
any Europeans before, and were Strangers to all Trade ; ydtthe Company happily brought that about, and
laid the firft Foundation i which has, in Procefs of Time, l:abli(hed a confiderable Trade to thofe Parts,
and which muft redound to this Company's particular Merh however they may be envied by fome late
Adventurers, who having failed in another Attempt they lafiy made, would now willingly reap the Fruit
of this Company's Labour, and eftablifti Fadlories, in Oppofitjn to them, upon this Company's Foundations.

This Company, befides the Difficulties and Expences thei neceflanly underwent in theOutfet of their
Trade, have, in the Courfe thereof, met with others not lefs dnfiddrdsle : For irt the Year 1682. the French,
who fet up a pretenued Right to fome of thofe Parts, camJw 'Hme of Pedrej'wkh a conCiderable Force, <
into the Bay, and by Surprize took feveral of thj! Companyll^wies, With ^rfcit Quantities of their Gdodfi"
for Trade, and Furrs therein, and committed feveral hoftile Depredations, by whidh the Company fuftained fo"
great a Lois, that they were forced to take up Money upon Blind, and otherwife ; and by this ahd the fucceed- !
ing War with France were difabled from makikg any Dividend for a great m^arty Years •, viz. From 1^91 tp"
171 8. after the Treaty erf" IT/riPf A/, when fuch of the Company's Fat^tories as had been taken by the French^
being delivered upto the Company's chief O^ers, who werjappointed by her late Majefty Queen ^me, to
take Fofleflion thereof, for the Ufe of the Company, and who thereby received her. Majefty's Sanftion of their
Rights i and the Company being put into PbfTeflion of thofe'Faftorr^, they rtvived their Trade, and in A-
few Years brought it into a flourilhingCondition, and haVfe(ffeftUilly kept thef>**^ci& from carrying on arty
Trade in the Bay ever fmce.

The

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The Company have not only had the Gram ^q\ Ratification of the Crown, of their Rights as aforefaid,
but have alfo met with the Sanftion of the Lcgilltnc thereto •, and in an Inllance, the ftrongcft perhaps tlut
could ever have happened j for in the Year 1708 the Parliament pafTing an Adt Ibr encouraging the Trade
to America^ in which it being declared, It fliould .« lawful for all his Majefty's Subjeds to trade into any
Part of y/w;mf^ without Interruption •, a Provifo vas jufcrted, that ** nothing in that A61 fiiould extend to
" take away or prejudice any of the Eftates, Ri^ots o- Privileges of the Hudfon' s-Bay Compai^y.'* j..

The Company, befides the profecuting the faid Trade, ^Jitl not ncgleft fending, at different times, as the
State of their Affairs and Abilities would permit them to a>, feveral Ships and Vefills in Search for a North-
weft Paffage from FIudfon*s-Bay to the South-Seas, and were it no fmall Expence therein, not only in one, but
in repeated Attempts, and loft feveral Ships, with their Ofticer. and Crews therein •, but after hiving been at the
moft Jikely Places, and by all they could learn ftcra the Indians ^<\^cy could never find there was any fuch Paf-
fage ; and though che Crown has been induced formerly, as well as very lately, to fend fome Ships on that
Search (as likewifc have fome private Adventuren) yet has no fuch Jaflage been found, though a Reward of
20,000 /. was given by Parliament to thofe Alventurers if they hai fucceeded, as they feemed to pro-
mife ; in which Way theLegiflature thought fito recom pence them, anJ not by breaking in upon this Com-
pany's Rights, or wrefting from them their Trale or Comrncrce : On thfecontrary it is obfervable, That in
the i\6l which gave that Reward there is containd aProvifo, that " nothing thefcin contained fhould extend
" to take away or prejudice any of the Eftates, Hghts or Privileges, of or belonging to this Company.'*

Thefe late private Adventurers finding their Aitempts in Scvirch of a North-we^ Paffage had not anfwered
their Expeftations, and being tired with the Expence of one Expedition, and, it is believed, fatisfied in general
that there was no fuch Paffage, and being difaptiointed in their Hopes of the 20,000/. Reward they had
not been able to merit, they (inftead of furtherpurfuing new Dilcoverics) turned their Thoughts towards
getting Settlements in old ones, as that was mere Hire, and a ready Way to reimburfe themfelves. For
this Purpofe they petitioned his Majefty in Couitil, for a Grant and Charter to fliare with this Company
in their Trade to Hudfon'^ Bay^ grounding theiijMerit on the atorefaid Attempt they had made for dif-
covering a North-well Panage j and that tho' tlJky had not been more fuccefsful therein than this Com-
pany have been, yet, if they had a Charter, thiy fhould however be more fuccefsful in the Trade •, and,
n make Way for fuch New Charter, they laid l^vcral Things before his Majefty to impeach the old Charter,
and this Company's Condufl under it : Which Petition having been referred to his Majefty's Attorney and
Sollicitor-General, they, oti hearing the Evideite on both Sides, have reported, *' That, confidering how
long this Company had enjoyed and aded unlet their Charter, it was not advifeable for his Majefty to
difturb them therein •, and, as to the particulit Charges made againft the Company, that they were either
not lufficiendy fupported in Point of Fad, oi, in a great mealiire, accounted for from the Nature and
** Circumftances of the Cife.'* 1

' Thofe Adventurers, notj^btaining what they hVl fo appHedfor from the Crown, theft ^ritertafifed TliougfitS'
oF making a like Applica^n to Parliament ; lit, not feeing any Profpcd of Succefs that could attend
fo unreafonable a Pr(fjed, |id thus defeated in k their Expeftations, and tti6vcd by their Difappointment,.
they have now cndcapoured to do this Company all the Injury in their Power, by reprefenting them to thc^
Public in a Light tney dcjnot deferve. I : - .•' - *•' v . juJs i- ...*» '

The Manner of tl^e Conjpany's carrying on Tide in thofe Parts is, by Fadories eftablif .cd on the

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oF making a like Applicat^n to Parliament ; ijit, not feeing any Profpedb of Snccefs that could attend
fo unreafonabie a Prijjed:, m\d thus defeated in k their Expeftations, and moved by their Difappointment,.
they have now cndc^oured to do this Company kll the Injury in their Power, by reprefenting them to the'
Public in a Light iey d(|not deferve.

t

The Manner of ti^ Codpany*s carrying on Tide in thofe Parts is, by Fa6tories eftablifhed on the mod'
confiderable Rivcrj.|hat cjme into the Bay, aLwch convenient Diftancs as thofe Rivers will admit the
Company's Ships (( go i> there being many and) great Falls in the Rivers in thofe Parts -, arid, at which ^
Fadories, the Company lave Officers and Serjbfits they maintain ail the Year, and where the Merchan-
dize the Company f;nd ycirly from England, nl feveral Ships, is depofited for trafficking with the Indians^
and which arc well Imown to the Indians, fro> 'ti^c Rcfort they have had^ thereto for a Courfe of Years ;.
and who, upon the iirft Bieaking-up of the Id in the Riveifs, come down thereto in Canoes loaden with
Furrs, from all Parts of tb Country, which |ey barter with the Company for J?n/(^ Commodities they
take back in Return ; and he Company alwajl taiic whatever they brings and fopply them with whatever
they want ; and at Prices the Indians are nd diflatisficd with, nor can procure them elfewhere cheaper.
And this Company, who hve brought the Tifle to be beneficial, would readily endeavour to make it more
fo, if it was pradicable ; and their Credit is (Ih, that, if 3' greater Increale of Capital was found necef-
fary for fuch Purpofe, they could eafily proc|e;tt'i but unneccfiarily to do th^t, would only be opening a
Door to Frauds, to the Injury of many unwai prions j which Experience has ihewn to have been the
Cafe in fome other Companies, now funk iiJiJD^ifcrcdit.' ,z'1u/'.-: . *

The principal Articles of Trade In thefe Pa^ ifHfupplyinglhfe Native' %ith Guns, and Powder and Shot,
they fubfifting wholly by hunting (except th<|^«Ni<*-.^W»/riy, who are Fifhcrs), and with Cutlery-ware,
Clotlj, and fpme other of die J^^^^ Manufa4m* |»d. the Company take in Return the FHirs of the" wild;
Beaiis the Indians \ii% and which ^are of V^SS^^h(^

are all brought to England by the Company, anj ,lold to the Furriers here at Two publick Sales in the i ew
by Audioh, to their intire Satisfadion, and w^o carry on the valuable Manufacture of Hats therewith :
The Company alfo trade with the EJkimam Indians in the Streights and Northern Parts of the Bay for
"Whalebone and Oil, and allow their Captains '^ I. per Cent, on the neat Produce thereof, to encourage
that Traffick, thofe Indians being dextrous in tie killing Whales they meet with in thofe Parts.

-.:■>:{

From the Nature of this Trade, it is appreneji^ed, if it was laid open (but which, it is conceived, cannot
be, without the greateft Violation of this Comply 's Charter), it wouW not long fubfift, nor be able to with-
ftand any Injury offered by ftraggling Traders lo the Natives in thofe Parts, with whom a Confidence has

been

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been gained only by great good Ufage, and who have no Force to proted themfelves, but would foon
be checked and put an End to : Neither might the Frmch be fo effedually kept out from trading in the
Bay, as they have been for a Courfe of Years laft pail ; nor, perhaps, all the Furs procured there by the
Englijb be brought home to England, as they are now by this Company^ to the intire Satisfadlion of all the
Furriers, and tolhe great Inrichment of this Kingdom, bit be carried to other Parts, and there manufadured,
as is well known to be the Cafe in New-England, with .efpect to many of the moft valuable Furs pro-
cured there.

It is obvious likewife, that there muft be Faftories mairtained, or no Trade coukl be carried on with any
Succefs to thefe Parts, where the Natives live difperfed, aid where theSummer-feafon is fo Ihorr, and the Ri-
vers are open fo httle Time, that the Merchandize muft be in Readinefs, to difpatch them on their firft
coming down •, and fo likewife muft the Loadings be got in Readinefs for the Ships to return to Europe, or
they would be incapable of getting back that Year through the Streights, by reafon of the Ice •, and Fadtories
cannot well be maintained, but by a Society or Company <f Men j and no particular Set of Perfons can pre-
tend equal Merit to intitle them to this Trade with the preent Company, who have begun and brought it to
its prelent flourilhing State ; which makes it the prefentObjed: of Envy to fome, who would willingly
change Hands with the Company, and get into their PhL(S.

To fettle this Country with Colonies from England, is conceived to be impradkable ; nor does
indeed the Charter feem to have had that much in View -, f)r the Snow lies here Three Parts of the Year, and
the Froft is never out of the Ground -, and, in the Midftof Summer, there are frequent Iharp Frofts in the
Nights i and the Country is fo unfertile, that the Englijh it the Faftories are forced to be fupplied with the
greateft Part of their Provifions from England: And, as to Corn, they cannot raife nor procure any, but
what is fent them from hence. No Indians thereabouts wsre ever feen with any, nor any thing like Bread j
and they are often reduced to the greateft Diftrefs for want of Food.

Upon the whole, it is humbly hoped, That the Hudfon'sBay Company, who were the frjf
Difcoverers of^ md Jdventurers in, this Trade ; and who, after great Exfences and
Lojps, have brought the Trade to be bemfcial i will appear Deferving to be Supported
therein.

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lad the Gram .id Ratification of the Crown, of their Riglits as aforefaid,
)n of the Legiljj^irt- thereto •, and in an Initance, the ftrongcft perhaps that

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dared

tne jL.egu%^ir(,- thereto •, and in an initance, me iirongeii j
Year lyoStlie Parliament pafTing an Adt lor encouragin
1, It fliould le lawful for all his Majefty's Subjedls to tra

g the Trade

^._^ ^ trade into any

tion ; a Provifo vas inferted, that " nothing in that A6t Ihould extend to

the Eftates, Rights c- Privileges of the Hudforis-Bay Compai^y.

)^

ofccutlng the f.iid Trade, tlitl not ncgleft fending, at different times, as the
:s would permit them to a-», feveral Ships and Vefllls in Search for a North-
to the Soulh-Seas, and were it no fmall Expence therein, not only in one, but
iveral Ships, with their Officer, and Crews therein ; but after having been at the
;y could learn frora the /«^;<7WJ, 'hey could never find there was uiiy fuch Pdf-
s been induced brmerly, as well as very lately, to fend fome Ships on that
ivate Adventuren) yet has no fuch J^flage been found, though a Reward of
lent to thofe Alventurers if they ha^ fucceeded, as they feemed to pro-
ture thought fito recompence them, anJ not by breaking in upon thisCom-
1 them their Trale or Commerce : On thfecontrary it is obfervable, That in
i there is containid a Provifo, that " nothing thefein contained ihould extend
of the Eftates, Hghts or Privileges, of or belonging to this Company.'*

finding their A'tempts in Search of a North-we^ Paflage had not anfwered

td with the Expence of one Expedition, and, it is believed, fatisfied in general

and being difapjtointed in their Hopes of the 20,000/. Reward they had

tead of furtherpurfuing new Dilcoveries) turned their Thoughts towards

as that was mere fure, and a ready Way to reimburfe themfelves. For
Vlajefty in Couicil, for a Grant and Charter to (hare with this Company
grounding theiijMerit on the atorefiid Attempt they had made for dif-
and that tho* tli:y had not been more fuccefsful therein than this Com-
d a Charter, thiy fhould however be more fuccefsful in the Trade-, and,
arter, they laid fjvcral Things before his Majefty to impeach the old Charter,
der it : Whicli Petition having been referred to his Majefty's Attorney and
ring the Evidctte on both Sides, have reported, '* That, confidering how
ed and aifled unler their Charter, it was not advifeable for his Majefty to

to the particul^' Cliarges made againft the Company, that they were either

oint of Fad, oL in a great mealiire, accounted for from the Nature and

ling what tHcy hli To appHedFor from the Qown, theh 6fitftrtalifed TfiijillpP"
0 Parliament ; iit, not feeing any Profpeft of Succefs that could attend
lus defeated in M their Expeftations, and moved by their EHfappointment,.
o this Company all the Injury in their Power, by reprefenting them to thc^
deferve. . I 1 ^ Iv/ Uu , i iuJ* i* '^^u t

's carrying on Tide in thofe Parts is, by Fa6lories eftablifMod'n'n the