The Remarkable History of the Hudson's Bay Company. Bryce George
to see the bursting forth of the spring. Satisfied with their journey, they left the Bay in this year and sailed southward to Boston, from which port they crossed the ocean to London, and gave an account of their successful voyage.
The fame of the pioneer explorer is ever an enviable one. There can be but one Columbus, and so for all time this voyage of Zachariah Gillam, because it was the expedition which resulted in the founding of the first fort, and in the beginning of the great movement which has lasted for more than two centuries, will be memorable. It was not an event which made much stir in London at the time, but it was none the less the first of a long series of most important and far-reaching activities.
CHAPTER II
HUDSON'S BAY COMPANY FOUNDED
Royal charters – Good Queen Bess – "So miserable a wilderness" – Courtly stockholders – Correct spelling – "The nonsense of the Charters" – Mighty rivers – Lords of the territory – To execute justice – War on infidels – Power to seize – "Skin for skin" – Friends of the red man.
The success of the first voyage made by the London merchants to Hudson Bay was so marked that the way was open for establishing the Company and carrying on a promising trade. The merchants who had given their names or credit for Gillam's expedition lost no time in applying, with their patron, Prince Rupert, at their head, to King Charles II. for a Charter to enable them more safely to carry out their plans. Their application was, after some delay, granted on May 2nd, 1670.
The modern method of obtaining privileges such as they sought would have been by an application to Parliament; but the seventeenth century was the era of Royal Charters. Much was said in England eighty years after the giving of this Charter, and again in Canada forty years ago, against the illegality and unwisdom of such Royal Charters as the one granted to the Hudson's Bay Company. These criticisms, while perhaps just, scarcely cover the ground in question.
As to the abstract point of the granting of Royal Charters, there would probably be no two opinions to-day, but it was conceded to be a royal prerogative two centuries ago, although the famous scene cannot be forgotten where Queen Elizabeth, in allowing many monopolies which she had granted to be repealed, said in answer to the Address from the House of Commons: "Never since I was a queen did I put my pen to any grant but upon pretext and semblance made to me that it was both good and beneficial to the subject in general, though private profit to some of my ancient servants who had deserved well… Never thought was cherished in my heart that tended not to my people's good."
The words, however, of the Imperial Attorney-General and Solicitor-General, Messrs. Bethel and Keating, of Lincoln's Inn, when appealed to by the British Parliament, are very wise: "The questions of the validity and construction of the Hudson's Bay Company Charter cannot be considered apart from the enjoyment that has been had under it during nearly two centuries, and the recognition made of the rights of the Company in various acts, both of the Government and Legislature."
The bestowal of such great privileges as those given to the Hudson's Bay Company are easily accounted for in the prevailing idea as to the royal prerogative, the strong influence at Court in favour of the applicants for the Charter, and, it may be said, in such opinions as that expressed forty years after by Oldmixon: "There being no towns or plantations in this country (Rupert's Land), but two or three forts to defend the factories, we thought we were at liberty to place it in our book where we pleased, and were loth to let our history open with the description of so wretched a Colony. For as rich as the trade to those parts has been or may be, the way of living is such that we cannot reckon any man happy whose lot is cast upon this Bay."
The Charter certainly opens with a breath of unrestrained heartiness on the part of the good-natured King Charles. First on the list of recipients is "our dear entirely beloved Prince Rupert, Count Palatine of the Rhine, Duke of Bavaria and Cumberland, etc," who seems to have taken the King captive, as if by one of his old charges when he gained the name of the fiery Rupert of Edgehill. Though the stock book of the Company has the entry made in favour of Christopher, Duke of Albemarle, yet the Charter contains that of the famous General Monk, who, as "Old George," stood his ground in London during the year of the plague and kept order in the terror-stricken city. The explanation of the occurrence of the two names is found in the fact that the father died in the year of the granting of the Charter. The reason for the appearance of the name of Sir Philip Carteret in the Charter is not so evident, for not only was Sir George Carteret one of the promoters of the Company, but his name occurs as one of the Court of Adventurers in the year after the granting of the Charter. John Portman, citizen and goldsmith of London, is the only member named who is neither nobleman, knight, nor esquire, but he would seem to have been very useful to the Company as a man of means.
The Charter states that the eighteen incorporators named deserve the privileges granted because they "have at their own great cost and charges undertaken an expedition for Hudson Bay, in the north-west parts of America, for a discovery of a new passage into the South Sea, and for the finding of some trade for furs, minerals, and other considerable commodities, and by such their undertakings, have already made such discoveries as to encourage them to proceed farther in pursuance of their said design, by means whereof there may probably arise great advantage to Us and our kingdoms."
The full name of the Company given in the Charter is, "The Governor and Company of Adventurers of England, trading into Hudson Bay." They have usually been called "The Hudson's Bay Company," the form of the possessive case being kept in the name, though it is usual to speak of the bay itself as Hudson Bay. The adventurers are given the powers of possession, succession, and the legal rights and responsibilities usually bestowed in incorporation, with the power of adopting a seal or changing the same at their "will and pleasure"; and this is granted in the elaborate phraseology found in documents of that period. Full provision is made in the Charter for the election of Governor, Deputy-Governor, and the Managing Committee of seven. It is interesting to notice during the long career of the Company how the simple machinery thus provided was adapted, without amendment, in carrying out the immense projects of the Company during the two and a quarter centuries of its existence.
The grant was certainly sufficiently comprehensive. The opponents of the Company in later days mentioned that King Charles gave away in his sweeping phrase a vast territory of which he had no conception, and that it was impossible to transfer property which could not be described. In the case of the English Colonies along the Atlantic coast it was held by the holders of the charters that the frontage of the seaboard carried with it the strip of land all the way across the continent. It will be remembered how, in the settlement with the Commissioners after the American Revolution, Lord Shelburne spoke of this theory as the "nonsense of the charters." The Hudson's Bay Company was always very successful in the maintenance of its claim to the full privileges of the Charter, and until the time of the surrender of its territory to Canada kept firm possession of the country from the shore of Hudson Bay even to the Rocky Mountains.
The generous monarch gave the Company "the whole trade of all those seas, streights, and bays, rivers, lakes, creeks, and sounds, in whatsoever latitude they shall be, that lie within the entrance of the streights commonly called Hudson's Streights, together with all the lands, countries, and territories upon the coasts and confines of the seas, streights, bays, lakes, rivers, creeks, and sounds aforesaid, which are not now actually possessed by any of our subjects, or by the subjects of any other Christian prince or State."
The wonderful water system by which this great claim was extended over so vast a portion of the American continent has been often described. The streams running from near the shore of Lake Superior find their way by Rainy Lake, Lake of the Woods, and Lake Winnipeg, then by the River Nelson, to Hudson Bay. Into Lake Winnipeg, which acts as a collecting basin for the interior, also run the Red River and mighty Saskatchewan, the latter in some ways rivalling the Mississippi, and springing from the very heart of the Rocky Mountains. The territory thus drained was all legitimately covered by the language of the Charter. The tenacious hold of its vast domain enabled the Company to secure in later years leases of territory lying beyond it on the Arctic and Pacific slopes. In the grant thus given perhaps the most troublesome feature was the exclusion, even from the territory granted, of the portion "possessed by the subjects of any other Christian prince or State." We shall see afterwards that within less than twenty years