The Remarkable History of the Hudson's Bay Company: Including that of the French Traders of North-Western Canada and of the North-West, XY, and Astor Fur CompaniesBryce, George
History
The Remarkable History of the Hudson's Bay Company: Including that of the French Traders of North-Western Canada and of the North-West, XY, and Astor Fur Companies
Bryce, George
Fur trade -- Northwest, Canadian; Hudson's Bay Company; North West Company; Northwest, Canadian -- History; XY Company
The grant in general included the trade of the country, but is made
more specific in one of the articles of the Charter, in that "the
fisheries within Hudson's Streights, the minerals, including gold,
silver, gems, and precious stones, shall be possessed by the Company."
It is interesting to note that the country thus vaguely described is
recognized as one of the English "Plantations or Colonies in America,"
and is called, in compliment to the popular Prince, "Rupert's Land."
Perhaps the most astounding gift bestowed by the Charter is not that of
the trade, or what might be called, in the phrase of the old Roman law,
the "usufruct," but the transfer of the vast territory, possibly more
than one quarter or a third of the whole of North America, to hold it
"in free and common socage," i.e., as absolute proprietors. The value
of this concession was tested in the early years of this century, when
the Hudson's Bay Company sold to the Earl of Selkirk a portion of the
territory greater in area than the whole of England and Scotland; and
in this the Company was supported by the highest legal authorities in
England.
To the minds of some, even more remarkable than the transfer of the
ownership of so large a territory was the conferring upon the Company by
the Crown of the power to make laws, not only for their own forts and
plantations, with all their officers and servants, but having force over
all persons upon the lands ceded to them so absolutely.
The authority to administer justice is also given in no uncertain
terms. The officers of the Company "may have power to judge all persons
belonging to the said Governor and Company, or that shall live under
them, in all causes, whether civil or criminal, according to the laws of
this kingdom, and execute justice accordingly." To this was also added
the power of sending those charged with offences to England to be tried
and punished. The authorities, in the course of time, availed themselves
of this right. We shall see in the history of the Red River Settlement,
in the very heart of Rupert's Land, the spectacle of a community of
several thousands of people within a circle having a radius of fifty
miles ruled by Hudson's Bay Company authority, with the customs duties
collected, certain municipal institutions established, and justice
administered, and the people for two generations not possessed of
representative institutions.
One of the powers most jealously guarded by all governments is the
control of military expeditions. There is a settled unwillingness to
allow private individuals to direct or influence them. No qualms of this
sort seem to have been in the royal mind over this matter in connection
with the Hudson's Bay Company. The Company is fully empowered in the
Charter to send ships of war, men, or ammunition into their plantations,
allowed to choose and appoint commanders and officers, and even to issue
them their commissions.
Public-domain text, read in full here on John Shaqi.
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