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PAPERS
RELATING TO
THE RED RIVER SETTLEMENT:
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RETURN to an Address from the Honourable House of Commons to His Royal Highness The Prince Regent, dated 24th June 1819 i—for
Copies or Extracts of the Official Communications which may have taken place between the Secretary of State and the Provincial Government of Upper or Lower Canada, relative to the destruction of the Settlement on the Red Rivkk, to any legal Proceedings thereon in the Courts of Upper or Lower Canada^ or to any Complaints made of those Proceedings by Lord SelHirk, or the Agents of The Hudson's Bay or the 'North-West Companies ; — also, for Copies or Extracts of the Reports made bj the Commissioners of Special Inquiry, appointed to inquire into the Offences com- mitted in the Indian Territory, so far as the same can be made public without prejudice to the Public Service, or to judicial Proceedings now pending in Canada.
Ordered, by The House of Commons, to be Printed, 12 July 1819.
184.
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LISTOFPAPERS.
No. i.^-Copy of a Dispatch from the Enrl Bathnnt, K. G. to Lieut. General Sir Gordon Drimimoiid;daledi8thMardij8i5:— Threelnclosures - - - p. i
No. 2.— Copy of n Dispatch from Lieut. General Sir Gordon Drummond to the Earl Batlmrst, K. G.; dated Quebec, lOth August 1815 :— Sixteen Inclosnics - 4
No. 3. Copy of a Dispatch from Lieut. General Sir Gordon Drummoml to the
Earl Bathurst, K.G.; dated Quebec, sd November >8i5:— Two Inclosures 33
No. 4. Copy of a Dispatch from Lieut. General Sir Gordon Drummond to the Earl
Bathurst, K. G. ; dated Quebec, 6th December 1815 : — Five Inclosures a$
Na 5. — Copy of a Dispatch from the Earl Bathurst, K. G. to Lieut. General Sir Gordon Drummond; dated 3d January 1816 - - - - . . 42
No. 6. — Copy of a Dispatch from the Enrl Bathurst, K. G. to Lieut. General Sir Gordon Drummond ; dated 8th January 1816 :— Twenty<one Inclosures 43
No. 7. — Copy of a Dispatch from Lieut. General Sir Gordon Drummond to the Earl Bathurst; dated 2ist April 1816 - ....... 1^4
No. 8.— Copy of a Dispatch from Lieut. General Sir John C. Sherbrouke to the Earl Bathurst, K. G. ; dated Quebec, 24th August 1816: — ^Two Inclosures - 54-
N0.9. — Copy of a Dispatch from Lieut. General Sir John C. Sherbrooke, to the Earl Baihurst, K. G. ; dated Quebec, 23d October 1816 : — Four Inclosures . 56
No. 10. — Copy of a Dispatch from Lieut. Gcnerhl Sir John C. Sherbrooke to the Earl Bathurst, K. G. ; dated Quebec, 1 ith November 1816 :->Oue Inclosure - 62
No. 11. — Copy of a Dispatch from Lieut. General Sir John C. Sherbrooke to the Earl Bathurst, K.G. ; dated Quebec, 21st December 1816 > - . - 64
No. 12. — Copy of a Dispatch from Lieut. General Sir J. C. Sherbrooke to the Earl Bathurst, K. G.; dated Quebec, 1st January 1817 - - . - 65
No. 13. — Copy of a Dispatch from Lieut. General Sir John C. Sherbrooke to the Earl Batliurst, K.G. ; dated 2d January 1817 : — Two Inclosures - .60
No. 14.— Copy of a Dispatch from the Earl Bathurst, K. G. to Lieut. General Sir John C. Sherbrooke; dated 17th January 1817 - - - . - 70
No. 15.— Copy of a Dispatch from Lieut. Governor Gore to the Earl Bathurst, K.G.; dated Upper Canndu, 29th January 1817 ...... 71
.^No. 16.— Copy of a Dispatch from the Earl Bathurst, K. G. to Lieut. General Sir John & C. Slurbrooke ; dated 6th February 1817 ...... ji
No. 17.— Copy of a Dispatch from the Earl Bathurst, K. O. to Lieut. General Sir John
C. Sherbrooke ; dated nth February 1817 - . . . - 72
No. 18.— Copy of a Dispatch from the Earl Bathurst, K. G. to Lieut. General Sir John
C. Sherbrooke; dated nth Februjiry 1817 :—( Private) - r - - 7..
No. 19.— Copy of a Dispatch from the Eurl Bathurst, K. G. to Lieut. General Sir John
C. Sherbrooke, G.C.B.; dated loth March 1817 - - - _ ,4
No. 20.— Copy of a Dispatch from Licit. General Sir John C. Sherbrooke, to the Earl
Huihursi, K.G. ; dmcd 8th April 1817:— Three Inclosures - - - -4
No. ai.— Copy of a Di^p.itcli from Lieut. General Sir John C. Slierbrooke, to the E-irl
Uiitluii.t, K.G.; dated Qiielice, 23d April 1S17:— One Inclosure - yj
No. 22.— Copy of a Dispatch from Liout. General Sir John C. Sherbiook,., to the i:«rl
Bathuist, K.G. ; dated Quebec, 5ih May 1817 ..... „_j
/C,^9^9
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No. «3.— Copy of a DitpaUli from the E«rl Bathuwt, K. O. to Liciit. General Sir Joliii C.Sherbrooke; dated t3th Mujr 1817: — ^Two Inclosure* - - - 94
No. 34. — Copy of a Dispatch from the Earl Bathunt to Lieut. General Sir Jolin C. Sherbroke; dated i3tb June 1817 --..--- 95
No. 25. — Extract of a Dispatch from the Earl Datliunt to Lieut. General Sir John C. Slierbrookc; dated 7th July 1817 -------96
No. 96. — Copy »f a Diipatch from Lieut. General Sir John C. Shcrbrooke to the Earl Bathurst, K.G.; dated Quebec, 19th Jaly 1817 . - . - 9G
No. 37.— Copy of a Diipatch from Lieut. General Sir John C. Shcrbrooke, to the Earl Bathunt, K. O. ; dated Quebec, loth Auguat 1817 : — ^I'hree Inclosures 98
No. 23. — Copy of a Dispatch from Lieut. General Sir John C. Shcrbrooke to the Earl Bathurat, K.G.; dated Quebec, 13th September 1817: — Onelncloturc 104
No. 19. — ^Copy of a Dnpatch from Lieut. General Sir John C. Shcrbrooke to the Earl Bailiurst, K. G.; dated Quebec, ijih September 1817 :— Three Incloaurcs 104
No. 30. — Copy of a Di»pateh from Lieut. General Sir John C. Sherbrookc to the EnrI Builiunt, K. G. ; dated Quebec, 23d October 1817 :— One Inclosurc - 108
No. SI.— Copy of a Dispatch from Lieut. General Sir John C. Shcrbrooke to the Earl Bathurst, K.G. dated Quebec, 37th November 1817 - . . -no
No. S3. — Copy of a Dispatch from Lieut. General Sir John C. Shcrbrooke to the Earl Bathur8t,K.G.; dated Quebec, 17th December 1817 - - - - iti
No. ^.-^ Copy of a Dispatch from Lieut. General Sir John C. Slierbrookc to the Earl Bathursl; dated Quebec, 7th April 1818: — Four Inclosures - - -111
No. 34. — Copy nf a Pispatch from Lieut. General Sir John C. Shcrbrooke to the Earl Bathurst, K. G.; dated Quebec, 16th May 1818 : — ^Ten Inclosures - 116
No. 35. — Copy of a Dispatch from Lieut. General Sir John C. Shcrbrooke to the Earl Buihurst, K.G.; dat^d Quebec, ist July 1818: — One Inclosure - -144
No. 36. — Copy of a Dispatch from Lieut. General Sir John C. Sherbrookc to the Eart Bathurst; dated Quebec, 4lh July 1818: — Two Inclosures - - -147
No. 37. — Copy of a Letter from Lieut. General Sir John C. Shcrbrooke to the Eart
Bathurst, K.G.; dated Quebec, 20th July 1818 : — One Inclosure; viz.
' '^ A general Statement and Report relative to the disturbances in the Tndian
Territories of British North America, by W, B. Coltman, Special
Conimissioiier for inquiring into the Offences committed in the said
Indian Territories, and the circomstances attending the same - -153
No. 38. — Copy of a Dispatcii from his Grace the Duke of Richmond, K. G. to tlie Earl
Bathurst, K. G. ; dated Quebec, 13th October 1818 .-—Two Inclosures - 231
No. 39. — Copy of a Dispatch from Major General Sir Peregrine Maitland, K. C. B. to
the Earl Bathurst, K. G.; dated York, L'p|)cr Canada, 6th January 1819: —
• •» Ten Inclosures -------.--- 255
No. 40. — Copy of a Dispatch from Major General Sir Peregrine Muitlund, K.C. B. to
the Earl Bathursr, K.G.; dated York, Upper Canada, 3d April 1819: — Four
. -Inclosures ----------.. 273
No. 41, — Copy of a Dispatch from Major General Sir Peregrine Maitland, K. C. B. to Henry Goulburn, Esq.; dated York, Lppcr Canada, 4th May 1819: — Four Inclosures ---.---.--.. 384
C''^*ii.i| nepnrtment,"! i.ifi ji;ly Jijig. J
HENUY GOULBURN.
•A
RAPE R S
RELATING TO
THE RED RIVER SETTLEMENT;
f .\ ;.■.■■ ■
■ " •^- .»^"**f • • 1815—1819
Copy of a Dispatch from the Earl Bathurst, K. G. to Lieut. General Sir Gordon Drummond, G.C.fi.; dated i8th March 1815:— Three Indosuireb.' SIR, Downing-street, 18th March 1815.
HAVING received from the GoveWor and' Compaiiy of the Hudson's Bay Company, a Representation, of which a copy ii inclosed; in which they state their apprehensions of an attack from the Indian nations in the neighbourhood of the Red River, a^d request a small military force for their protection ; I am induced to transmit it to you, in order that you may make the necessary inquiries as to the grounds of the fears expressed by them on this point ; and in the event of your considering them to be founded, furnish such protection and assistance as can be afforded without detriment to His Majesty's service. You will take especial care, whatever measures you may adopt for this purpose, to abstain from doing any act or expressing any opinion which may tend to affect the question .in dispute between the Hudson's Bay and North-West companies ; the sole object of the present instruction being, to secure the lives and properties of His Majesty's subjects established on the Red River, from the predatory attacks of tiie Indian nations in the neighbourhood, with which they state themselves to be threatened.
I have the honour to be, &c
(Signed) BATHURST. .
No. 1.
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ilB 75*f 'J •»,*••■?
My Lord, " Hudson's Bay House, i8tli February 1815. indosure
I beg leave to lay before your Lordship, a Representation, whidi has been (1.)
addressed to the Directors of the Hudson's Bay company by the Earl of Selkirk ; '" Earl Bathurst'* from which it ap[>ears that a settlement lately formed^ in Red River, within the terri- "^ '* March 181$. tories and jurisoictton of the Hudson's Bay company, is in imminent danger of being destroyed, through the machinations of certain persons who are endeavouring by ' malicious representations to inflame the minds of the Indians against the colonbts. 'ThojLish the evidence, which is now produced, may not perhaps be sufficient to crimi- nate tne mdivrduJEiiralluded to, it certainly appears to call for measures of precaution to avert the horrible consequences which might ensue from an actual attack of the settlement by the Indians ; I humbly conceive that the only cflectual mode of obviating this danger, is by the prpseoce of a military force; and as the Hudson's Bay com- pany have not the means of affording this species of protection, I trust that a small portion of the force now in Canada, may be detached to Red River.
We do not anticipate any necessity for a permanent military establishment, as it is probable that in two or three years the settlers will be in a condition to provide for their own security. In the nif^an time, a very small force will be sufficient for ttieir protection ; and so long as it may be deemea rdvisable to keep such a force on Red River, the directors of the Hudson's Bay company feel assured, tliat the expense to Government cannot exceed what the same number of men would cost in any of the garrisons of Upper Canada.
584. B Fop
Inrlolur*
(J) 111 l'.:irl Hatliiir.<t's of 18 Mairli 1815,
/
9 PAPERSR ELATING TO THE
For your lordship's satisfaction, 1 take the liberty of inclosin^^ a concise statement of the circumstances under wiiich tlic stltlcnient on Red River lias l)ccn formed, and the views of tlic Hudson's Day company in its establishment.
I have the lionour to l)c, &c. The Ri(5ht Honourable, (Signed) 7tt«<^/» Berens.
the Earl Bathurst, &c. &c. &c.
Gentlemen, Pcnge Place, I4tli February 1815.
You are well aware, that several persons connected with the North- VVest com- pany, who consider the settlement in Red River as likely to Ix; injurious to their interests, have frequently enlarged ou the danger of hostility from the natives, which that company migiit have the means of exciting. These menaces we have hitherto disregarded, as a mere artifice to check the progress of the settlement. Of late, however, my correspondent at Montreal has strongly expressed an opinion, tiiat serious danger is to 1)6 apprehended ; and it would appear, tlint in pro|)ortion to the success of the establishment in getting over the natural difficulties of an infant colony, the virulence of its enemies has increased, and that some desperate effort is in con- templation to overturn it (while that is yet practicable,) by means of those Indians who are under the influence of the Canadians.
A letter has lately been put into my hands, which corroborates these ideas very strongly, as it shows that the same apprehension is entertained by persons in Canada, who must unquestionably have access to correct information. The letter is dated in Octolier last, and relates chiefly to sale of lands, which the writer seems to have intended, with the view of settling with some of his relations on Red River. He is n partner of the North- West company, and a gentleman of known probity and veracity. He retired from the active munageinent of the business in the mland country, at a recent date, so that he must be well acauainted with the feelings of his partners there ; and as he still draws a share of their profits, it is not likely that he ' would be disposed to misrepresent their views, or to exaggerate tlieir malev ',<leucc. I inclose the letter for your consideration, and I request your attention particulaily to the foll«wir^ paragraph, in which you will observe that he speaks of the enmity 01 the partners, in general, and the interest they have to destroy the settlement, as a matter so well understood, as to require no comment : — " From reports which have reached " me, from a source I cannot doubt, since 1 had the pleasure of seeing yon, I have " reason to fear that my brother's life, and the safety of the infant colony on Red " River, are in a perilous situation. My greatest fear is from treachery, and maclii- " nations to prejudice the natives against the colonists. Some of the wintering " partners of the North-Wcst company, think favourably of the undertaking, and " will go all lengtiis consistent with their duty niul interest as North-West partners, " to prevent its destruction. The strongest argument I have heard used to raise " a jealousy in the natives, is by inculcating in their minds a belief, that they are " robbed ot their lands without any indemnification. This I have heard n rar ago, " from the mouth of a principal, and one of the chief instigators of this enmity to " the colony."
If the Indians have been led to entertain jealousy on this head, it has not been from any inattention of our agent to satisfy their just claims. Captain M'Donneil had my instructions to make a purchase from the natives, of the land required for thc^seof the settlement. In his letter of July 1813 C^ss than a year a(\er his arrival on Red River,) he writes to this effect : — " I am at a loss in what manner to " make a purchase from the natives ; those here do not call themselves owners of the " soil, although long in possession. It belonged originally to the Crees, whom the " Assiniboins, who are a branch of the Sioux, drove off. A small annual present " will satisfy the Indians here, and should tlie others make a claim, a present will " satisfy them also." T
In the same letter cupuin M°OonniQll mentions circumstances which convinced him that, even at tliat period, the North-Wcst company had been endeavouring to give the Indians a bad impression of the colonists ; aud, unong other auUiorities, he letierB to a letter from Mr. John M'Leod, who had received information from a Canadiao, of the intrigues that were going ou to influence the minds of the Indians ; and by him. it was distinctly stated, that clerks tmd interpreters of the Nortlir West company had told the Indians, " should they allow u colony to settle heriQ, they would lie made
" slaves
R E D R I V E n S F. T T L E M E N T. j
" ritvei of (wiiicfa created great diicontentcdncRs among them,) and by their " procrastinating making ol^jcctions to it, would only give advantage to ;^t a superior " force to the coloiiv." It appears tiiot these inflammatory diucourscs had led the Indians to use menacing language towards the settlement. But in a further part of the report, captain M'Donndl writes, " I have had conferences with the pnncipal " chiefs of the Saulteaux tribes ; all tlic fortnidable threats against us are blown over; " they are now favourably disposed towards the colony. As far as the state of our " stores could afl'urd I have been liberal to tlicm. They call mc the master of the " soil, their general father, come purposely for their good. I am convinced, that " should there ever be difficulties with them, they must be created at the instigation " of i.iimical traders. As to their driving them to general hostility with us, they " cannot now do it. The premier, or supreme hereditary chief of all the Saulteaux " tribes, is, at my request, encouraging the Indians of Lake la Plcicc to draw towards " this river, to form themselves into villages, plant Indian corn, &c."
It does not appear that any further uncasine.ss hat l)een entertained respecting the Saulteaux, who, in fact, have derived material benefit from their intercourse with the settlers ; and many circumstances might be quoted to prove the cordiality that subsists between them. The Saulteaux are the Indians who reside in the immediate vicinity of the settlement, and who alone could have any plausible or natural ground of objection to it. But tlie apprehensions which are now entertained are from the Assiniboins, whose country lies at a great distance, and with whose interests the settlers cannot interfere ; so that there is no probability that a hostile feeling could have arise '' on their part, unless it had been industriously fomented. As these Indians are in the habit of daily intercourse with the Canadian traders, while capttiin McDonnell had little or no opportunity of removing any mistaken impression, and as you have now before you the testimony of an unexceptionable witness, who, from personal knowledge, states, that arguments have been used " to raise a jealousy in the " natives, and to instigate enmity to the colony ;" the symptoms of hostility which have been observed on die part of this numerous and warlike tribe of Indians' cannot be deemed a matter of little moment, or the result of mere casual irritation.
Along with the circumstances which have tlius recently come to our knowttdge, we cannot forget the vehement antipathy to the intended settlement, which was expressed as far back as the year 1811, by persons connected with the North- West company. In your own hall you heard the violent language of more tlian one of these gentlemen on the subject; and to the circumstances which your recollection will supply, I beg leave to add a minute written by captain Miles M'Donnell on the a4th May iSii, relating the circumstances of an interview with a distinguished partner of the North- West company (two days before,) when the conversation had turned upon the proposed settlement on Red River; and among other expressions this gentleman had declared that " he was determined to give all the opposition in his " power, whatever might be the consequences," that "such a settlement struck at " the root of the North- West company, Mhich it was intended to ruin. If other " people did not clearly see their own interests, he did, that the settlement must at " all times lay at the mercy of the Indians, who would not be bound by treaties, " and that one North- West company's interpreter would be able at any time to set " the Indians against tlie settlers to destroy tlicni."
At the period that I refer to, I was disposed (witii you) to consider the language of these gentlemen as an idle menace, intended only to deter us from the prosecutiorf" of our design, and I did not believe that the North- West company could be induced seriously to entertain so horrible a project, as that of instigating the Indians to destroy their fellow subjects. It still appears to mc almost incredit)le tliat such a project aliould be entertained. Yet under tlie circumstances which I have stated, I cannot think that we should be justified in trusting tlie lives of the settlers to chance, and to the forbearance of those who do not scruple to avow the interest they have iit destroying the settlement. However resjiectable many members of the North- West company may be, we know-that among their partners there arc individuals who have hardly a better notion of law or justice thnn the Indians themselves ; men who have livedi from early youth at a distance from the restraints of civilized society, whose notions of honour and moral duty are nearly comprized in the one point of zealous attention to the interests of their partnership ; ami who, with uncultivated minds and impetuous passions, are accustomed to believe that the remoteness of th<t country will shelter them irom any legal investigation of tlieir conduct. It is difficult to say
584. how
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4 PAPERSRKLATINGTOTHE
hoir far such men may be carried by tlie thirst of gain, combined with the habit of acrimonious rivalship.
lender these circumstances, the necessity of nft'ording protection to ensure the safety of the colonists must bo evident ; and I beg leave to submit to your consi- derft'lion, whether this can be adequately provided for without the aid of His Majesty's
°°^ " ■ I have the honour to be, &c.
To the Governor, Deputy Governor, (Signed) Selkirk. '
and Committee of the Hudson's Bay Company.
|i '
Incloiure STATEMENT.
(3)
ill Enrl Bathur^t'i THE servants of the Hudson's Bay company employed in the fur trade, have
of it March 1815. hitherto been fed with provisions exported from England. Of late years this expense
has been so enormous, that it has become very desirable to try the practicability of
raisins; provisions within the territory itself; notwithstanding the unfavourable soil and
climate of the settlements immediately adjacent to Hudson's Bay, there is a great
deal of fertile lands in the interior of the country, where tiie climate is very good, and
well fitted for the cultivation of grain. •
It did not appear probable that agriculture would be carried on with sufficient care and attention by servants in the immediate employment of the company ; but by eiitublishing independent settlers, and giving them freehold tenures of land, the com- pany expected to obtain a certain supply of provisions at a moderate price. The company also entertained expectations of considerable eventual benefit, from the improvement of their landed property by means of atrriculturul settlements. Having n due Kfifird to the implied conditions of their charter, they deemed it a duty incum- bent on them (as soon as the practicability of agricultural improvements was demon- strated) to give a liberal degree of encouragement to an experiment, which, independently of the advantages, promised to have the most beneficial etfects on the civilization of the Indians.
With these views the company were induced, in the year 1811, to dispose of a large tract of their lands to the Earl of Selkirk, in whose hands they trusted that the expe- riment would be prosecuted with due attention, as the grant was made subject to adequate conditions c f settlement.
In entering upon this transaction, the Hudson's Bay company iiad no reason to !iuppo8c that tlic intended establishment would meet with any peculiar difficulties. The country on Red River, where it was to be formed, had been frequented by the servants of ihe company for a long course of y«ars ; and they were in the habits of the most friendly intrrcoursc with the natives. The district had been much exhausted of valuable furs, so tliat the trading posts in it had proved of late years unprofitable, and doubts had been entertained whether they ought to be continued ; and the Indians had, on various occasions expressed much anxiety, lest the Hudson's Bay company should abandon the posts from which they liad so long been accustomed to receive their supplies of British manufactures.
It wus not therefore to be supposed tiiat they would object to an establishment, calculated to secure tiiem permanently from any sucli apprehension ; and there is no reason to believe that any dissatisfaction would have existed on their part, if it had not been industriously fomented.
jvJq 2. Copy of a Dispatch from Lieut, f Jeneral Sir Gordon Drummond to the
' • l^rl Bathurst, K. G.; dated Quebec, 16th August 1815:— Sixteen
Inclosures.
My Lord, - ^, . ;. Castle Quebec, August 16th, 1815.
HA I NG considered what would be the best method of gaining the information required in your Lordship's letter of the 18th March, it appeared to me, that by addressing myself for that purpose confidentially to the heads of the North- West company, whom I knew to be persons of the utmost integrity and respectability, I should not only have the best chance of attaining that object, but of more effec- tually providing for the security of the lives and property of the settlers on the Red
Rivi:r
U ED RIVER SETTLEMENT. j
River, th^n by the adoption of any other means within my reach. These objccU liave, I trust, been attainciJ, us fur us they are attainable.
Hefore I call your Lordsiiip's nttcntion to the numerous documents which accom- pany this letter, (more particularly to that from Mr. M'Gillivray, in answer to that i\ hich I cuused the deputy adjutant-general to address to him,) it is proper to intimulo to your Lordship, what 1 did not think it necessary to comniimicutc to the Kcnlleuit ii of the Noitli-Wrst cumpiuiy, viz. that tiie plan of afTording military protection to the Ltirl of Selkirk's settlement, is in uiyopiniondecidedlyimpracticable; butevcniidmittiii;; the practicability of nioviiig u detuciinient of troops, with the necessary provisions and stores, to timl remote territory, the expense attending it wouli| not only Itc enormous, (fur beyond any idea your Lordship would form of it,) but the first anil unavoidahlt! eltlct of this interference would, I conceive, be to involve us in nn Indian war, for olijects foreign to the interests of the British government.
It is far from my intention to attempt to influence the judgment wliich vour Ix)rd- flhip may form, from an inspection of the papers herewith transmitted. I)ut I think it incumbent on mu to remark, that I cannot but feel apprehensive, that tl c most mischievous consequences arc likely to arise, from the conduct and chaructcr of the individual Mhom Lord Selkirk bus selected for his agent, who styles himself a govcriun', and from whose intercourse with the persons in the service of the North- West company, it is in vain to look for the spirit of moderation and conciliation which It is so desirubic should animate persons situated as these traders and settlers are, cut oft' as they arc from the whole civilized world, and dependent on their union and mutual good olVices alone for protection, not only from the savage tribes by which they are surrounded, but against an enemy, not less formidable, s'u. famine. The question, as to the invasion of rights, of which the North-West anil Hudson's 13uy cofnpanie:^ mutually comphiin, appears to me to be entirely one of law, and one in fact on which the law can alone decide ; it has, therefore, very properly been refciicd by the North-West company to u legal tribunal.
I have the honour to be, &c. The Right Honourable (Signed) Gordon Drumnio/id.
£url fiathurst, &c. &c. &c.
Dear Sir, Montreal, 29th May 1815.
We beg leave to transmit to yoa, to be laid before his excellency Sir Gordon Drummond, extract of a letter lately received by us from the Earl of Selkirk.
The information upon which it has been thought necessary to make ap|)lication for military assistance is by no means vugue ; and should his Excellency deoiii it necessary to inquire into tlie circumstances before the instructions of tlie Secretary of State are compJied with, we have in our possession such documents as will infal- libly prove it correct; and these, if required, will be laid before his Excellency.
Some further suggestions are given by Lord Selkirk, with a view fo facilitate tlic arrival of the party to be sent to Red River, which can be submitted if it is thought necessary; and should it be thought advisable to com()ly only witii that part of liis Lordship's suggestions, wherein one intelligent non-coniniis«ioncd officer of aitillcry is recommended to be sent, we beg leave to state, that we can Jind conveyance for him in a light canoe, that will leave this about 20th June for Lake Winniplc.
The imporvance of tliis business is such, tlint we arc persuaded it will not be ovcr- iookcd by his excellency any unnecessary lennth of time.
We have the honour to be, &c. ■ ■ Major Foster, ■ (Signed) AJcii/latnl, Gordon ^- Auldjo.
Military Secreturj-, Quebec.
Inclnsure (I) ill Sir O. Drum- inciiiil's ul' 16 .\uii;»l 1815.
Extracts from a Letter from the Earl of Selkirk, to Maitland, Gordon & Auldjo, dated London, March 22d, 1815.
" In consequence of the information which wc (meaning the Hudson's Day com- pany and himself) received from Mr. Robertson, of the progress of hostility agaiii>t the settlement on the part of the Indians, instigated by the North-West company, ■application has been made to government for military protection; and we have j-eceived information from the Secretary of State for the colonial department, tiiat
584. " C instructions
Iiiilii5ur« (■-•)
iWiPi
mm
6 papehsrelatinototiik
instructions liave been given to the jfovernor of ('aimda to give siicli protection td the sitllcrs on Red lliver as can be udurdeil, without detriment to llin Mujcsty's service in other quarters.
" I uiuicrstar 1 that copies of our applications have been aent to the governor, and that he is directed to inquire into tiie circunistunees. . .
" One of tl»e readiest and best modes in whicli lie could <;ivc assistance, woulil he by scndin>» a stnali party of artillerymen, say lo or 12, under tlie command of one or two steady non-commissioned officers, anil witli thern one or two very linht brass pieces, whicli 1 recollect to have seen in the arsenal at Quebec. They could he sent in batteiiux by York and Matchadashe, to Lako Superior, and so fur they could take w ith the<n an ample and su|)crabundant supply of provisions. Infoiiniition hcinj» sent to Captain M'Donnell, he would send canoes to tlie Grand l'ortii<;;c to meet tlieu), and to bring them through the difficult road to Winnipie ; us there are at lied Uivcr some little articles of ordnance which o r people do not well understand how to manage, it would he of material service if even one intelligent serjeant of artillery could be sent l)y the first opportunity.
" I presume that the governor-general will not think of allotting less than one company of infantry for the protection of Red River : and it occurs to me, that l)robably some of the troops now to be withdrawn fioni M'Kay or Prairie des Chiens, on the Nlississippi, niiglit be sent with less difficulty tlian from any other quarter, as tliey arc already far on the way."
I
1
Incli..-iire
(3) in Sir c;. Drum- inond's of lu Au^uit 1815.
(Confidential.) Gentlemen, Quebec, June 8th, 1S15.
Sir Gordon Drummond has desired mt .0 acknowledge the receipt of your letter of the 29th ultimo, addressed to tlie military secrett'ry ; and to inclose for your jirivatc information, copy of a communication which it is proposed to address to Air. M'Gillivray on the subject. You will be pleased to acquaint me bow far, in your opinion, a letter of this kind would produce tlie intended effect.
His excellency feeling fully disposed to enter into the subject, has directed me to request a communication from you of the documents alluded to, as being in your possession. I have the honour to be, &c.
(Sijjned) J. Uarveif, d. a. g.
Messrs. Maitland, Gordon, & Auldjo, &c. Montreal.
Inrliisiire (4)
IH
(Confidential.)
My dear Sir, Quebec, 8th June 1815.
Sir Ciordon Drummond has received a communication frtai high authority, directing him to nuikc inquiry into the foundation for a strong degree of apprehen-i •sion, which appears to be entertHiiicd by the Earl of Selkirk and tlie Hudson's Ruyl company, for the safety of their si lllers on the Ked lliver, in conset]uence of an idea | which has been instilled into tluir minds, by persons resident in Canad.i, that the j Indian tribes in the neigiibourhood of that scttliinent have been iitstigtited to eominil '| tlie horrid and atrocious act of attempting the destruction of the wiiole population of that settlement. I must not conceal from you, that some of the servants of the N'ortli- M'est company are suspected of being concerned in this diabolical ploL Sir Goiduii Driniimund, however, feels thai he cannot more strongly evince the high re^jx et wliich lie entertains for the heads of that most respectable body, and his perfect con- fidence in »!,vjir candour and liberality of sentiment, than by the course he has not hesitated to adojit, in applying himself to l/itiii for tite inlbrmation which they assuredly possess the best means of all'ording, and which his F.xcellency is equally assured they arc too honourable and conscientious to wilhhoid. 1 am couimaiuled, therefore, to ask you, il tiiere exists, in your opinion, any reasonable grounds for be- lieving that the atrocity alluded to is in the coiiteui|)lalion of the Indians in question, or that the safety of the persons or property of the settlers on the Red lliver, is endangered from the causes above referred to.
Whatever may be the answer to this i|ucry, I am commanded to remind you, tliat that powerful body of whicli you are ut the Iwad, far more than the government of
thest!
RED niVER SETTLEMENT.
these provinces, possesses tlic incnns of influencinf; llie actions of these remote tribes of Indians, witli uiiom tlu-y alone hold an intcrcouisc, whose wants they alone supply, and whose conduct *liey alone can control. TIte North- West company, therefore, will be considered res|)onsible in the eyes of the world, as well as in those of His Majesty's government, for uny such horrid catastrophe as I have alluded to, whether arising from the instigation of their subordinate agents, or from the uninfluenced tnali;;;nity of the Indians themselves.
Sir Gordon Drummond feels assured, that by this appeal lie has more effectually provided for the safety of the subjects of His Majesty, inhabiting the shores of Hudson's Bay, than "it would be in his power to do by any otlier measure M-hatsoevcr.
His Excellency being ill provided with maps or charts of that remote part of His Majesty's dominions, in which the Ucd River settlement is situated, has directed me to request you will favour him with the short loan of any which may he in your possession. . .
I have the honour to be, &c. Hon"' W" M'Gillivray, Esq. , (Signed) J. Ilancj/,
&c. North- West Company. ' ,
My dear Sir,
'5; ,
lority, eiien-. IJtiy
idea the Hninit . in of ortli- rdon ^:i( ft cull- nut tlicy ally ule(l,\ r he- ' lion, •, is
t!iat ;nt of these
M
^ Montreal, 24th June 1815. Inclosure
I have had the honour of receiving your letter of the 14th instant, stt^'ing the in Sir G. Urura- communication which had been made to his Excellency Sir Gordon Drummond, nimidsof 16 from high authority, relative to the alarm entertained by the Earl of Selkirk for the '^"K"" '815. safety of his settlement on the Red River, and asking from inc an opinion, whether or not there is grounil for such alarm.
I have reason to suppose that the communication alluded to, is the same that wns made to His Majesty's government in February last, upon that subject. A copy of it was transmitted by Mr. Goulburn to the gentlemen representing the North- \V'est company in I^ndon, who in rny humble opinion returned a suitable and satisfactory answer to it at the time ; but it would appear that this has not been considered sufficient, and the said company, according to his Lordship's insinuations, are still supposed to be capable of instigating the natives to massacre the settlers.
I cannot but express the feelings of indignation to which this calumny gives rise. I deny, in the most solemn manner, the allegations whereon this shameful accusation is founded : so far from their having any existence in truth, the contrary is the fact ; for it can be proved, that the first year of his Lordship's settlement, the innocent people who had been enticed from their homes by his golden but delusive promises, and misrepresentations, had no other means of avoiding starvation, but the supplies which they ilerivcd from the stores of the North- West company ; therefore had the princijilcs of tiic body, or of those employed by them, been sucli us the Earl of Selkirk has been pleased to impute to them, there was no need of hostile Indians to interfere in the destruction of the settlement : hunger alone would speedily have (iccomplishc'd the work.
Tlie liberal sentiments which Sir Gordon Drummond is pleased to express for the North- West couipiiny, are iiiglily flattering to that body, and I trust well merited ; I should tlurelorc be extremely sorry, and deem it highly improper to injure them in his opinion, by mi- ;epreseiiting facts, upon whatever subject he did me the honour to ask my opinion. I therefore declare, that I am an utter stranger to any instigation, or any determination of tiic Indian nations to make any attack on the settle^nent in question ; but I will not take upon ine to suy, that serious quarrels may not happen l)ctH'fen the settlciM and tiie nations, whose hunting grounds they have taken posses- sion of, in the American style of injustice and land pillage, exclusive of the danger they ru 1 from the vicinity of the Sioux nation, wiio from time immemorial have made it a piaetice to make war on the Indians on the Red River, their permanent enemies, iuid upon the whites who me found in that country ; many instances of which can be adduced, because the Inflian nations, when in a state of hostility, consider the whites found ..1 the country of their enemy, as being in his interest, .\nd to be treated accordingly.
The arrogant and violent conduct of Lord Selkirk's agents, cannot well fail to
produce such a result as the ciuarrels above mentioned. The Indians require no
584. instigation
A
!
I '-
ilf
!i
% . P A P E R S R E L A T I N G T O T II E
instiiiatinn to commit violence, wliere they consider tlicir own inteirsts as concernetl; I'nr not\vith.stantiinj» llie infliiencc vliich it is5U|)|)0>>e(i the Nortli-W'tr-t roinpuny has over theni, within a few years, a l)rif!;a(le of hoats coiiiiiii; (io«n the Ked lliver was attacked «ithoiit any apparent previous cause or provoeution, and several men killed or Mounded ; lives are occasionally lost in like nianncr in every |)urt of the Norlh- A\'est country.
'Ihe influence, whatever it mny be, which the North-Wcst company possess over the Indiaii.o, has been exerted in a manner essenlinlly dilVerent troni the false and atrocious idea of intendini> to be instrumental in the massacre of Lord Selkirk's help- less and deluded settlement, of which 1 hope I may appeal to Government for suhstiiniial proofs during the late war ; and it is strnniie lliat at the time the exertion of this influence occasioned that company to lie idcnlilied liy the enemy with the jiovernment, and their property at baint .Mary's in couscqucini! plundered and cle- htroyed, us belonging to povcrnn»ent, tiie agents i)f his Lordship should, under a pretended, but usurped Hutliority, with force and arms have plundered the company of tiicir property on the bunks of the Ued River, which actually took place in the Spring of the year 1814, "hen their dc[6t of iirovisions, whiiii Imd been collected during the (ircccding winter, and »xliicli was the only supply they had for thciv canoe men in iheir voyage tVom the interior to their place of rendezvous on Lake Superior, was forcibly sci/cd, and the greater part feloniously retained. This took place at a time when it was well known that provisions could not be obtained from Upper Canada, as the cnen)y was in possession of the Lakes, and consequently this act of robhery wus committed with the express intention of either starving the North-West tnnoe men, or putting a total stop to the exit of the eom|)any's returns. Insinuations against the North-West company, and pretended alarms brought forward by |)ersons capable of such acts, come indeed from them with an ill grace ; l)ut the motives aro nmnilest, and meant to anticipate or counteract the feelings wiiich tiieir own conduct, when known, would naturally produce.
The robbery atwve mentioned niight 'lave been prevented, or his lordship's agents made to pay dear for th( ir unjustitiable "onducl, had the North-West company s people availed themselves of what was in iheir power, and been as regardless of <()nsrquences as their opponents appeared to be ; but all aid from the nations was refused, and other means avoided, which in strict justice they had a right to resort to in delence of tlicir property and right, as liritish subjects. His Excellency has been misinformed in regard to our l>eing the only people who had intercourse with the Indian nations; there are gicat mnnl)ers of hunters, Canadians and others, who are to l>e found in many parts of the Nortli-U'est country, and particularly on the Red River, who live among the Indians', and not being in the coin|)any"s service arc not suliject to tluir control, liesides the Iludsuu's liay company us traders (of which company Lord Selkirk is now an associate) have their posts clo.^e to tliiKic of the North- U'est company, in every part of the country castwanl of the rocky mountains, excepting Atiiabusca, which liirms no (lortion of the alleged Hudson's IJay tt rritorv ; and as they supply the natives to ihu extent of their means in like maimer as the North West comp.iny ; therefore it is presumed, that with ttjual justice and good faith in their dealings they must po.ssess the same influence.
It would indeed be cxtraor<linaiy if the North-West company, who cannot alwavs .save their own people from viultucc, shotdd be held responsible for whalevrr inislortnne may happen to Lord Stlkirk's, or to the servants of the Hudson's IJay company ; against such doctrines I most solemnly protest. Individuals in the Indian country are ()crsonally responsible for their own ci imiii il acts, in like manner as elsewhere; ami an act of the IJritisb parliami lit (4 5(1 ot His .Majesty) was passdl )or this (xjac-s purpose. The Ihitish government has not only an influence, but a legal authority over the community; but (hx-s this make the members thereof peiMiually responsible for the murders and robberies eommitted in the I'liittd Kingdom? His Excellency may rest assured that the North-West company will nevt.r instigate, nor aullKJiize any of tlieii servants to instiuat'', the Indian n.itions to eoumiii murder, wire they even as void of humanity us the l'',arl of Selkirk seems t) (■(insider them ; they know too w( II the conse(juences to themselves of encouragin" 4!is(irdeis ol any kind in the Indian comilry. The Indians, once rou.-ed to arms, woidd hardly distinguish between an Highlander or ('anadiau from the slnnes of Hnil-on's Day, and people of the same country coining from ('aiiaila. I bei; leave to ineUise some documents which may be considered as referred to in this hller. J wish his Mxcelleucy to be possessed of facts, in order to remove from his mind any
unlavuurdUe
t M
»l
[icerne(f, )uny 1ms ivei" wrts i-n killed ! Norlli-
sess over
also ami
k's help-
inent for exertion witli the and lie- under a
company
:u ill tlie colletled
cii canoe
Superior,
ilaco at a
II Upper
this net of
jrth-West
siniiations
>y persons
lotives aro
II conduct,
ip's agents company's 'iiniiess of utions was it to resort ;llency has jursc with tlieis, wlio nly on the sei'vice are liadcis (of to tliD^c of the rocky Hudson's nins ill like with tciiiul ;e.
nut always wli,Uc\rr dsou's IJiiy als in the kc manner was passed iiK'iite, but i.is thereof he I'liileil mpaiiy will nations In rk seems ti> !ncoina;4inj{ eil to arms, le shores ol 1 be'i leave I this letter, is mind any ntavoui'dLili:
RED RIVER SETTLEMENT. <i
unfavourable impression wliicli the unfounded and self-interested calumnies, raised and propaijated against us l)y tiie l''arl of Selkirk and his agents and partizans aro calculated to produce. That nobleman has thought proper lately to become the avowed rival of the Norlh-West company in the trade which they have carriedoiv for upwards of thirty years with credit to themselves, and it is hoped with henetil: to their country. Under the guise and cloak of colonization, he is aiming at and maturing an exterminating blow against their trade. Insinuations of alarm and false - accusations form part of the system, and his agents and servants are probably instructed to bring Ihcin artfully forward, to raise prejudices egainst us ; surely interested representations from such a quaiter should be received with caution, and be belter supported than the correspondence of his Lordship's agent sent to Canada, who collects and reports his pretended information as derived from a common Canadian whom he does not name. It is matter of astonishment, that the idea of colonization in the Indian country, at the distance of 2,000 miles from home, should be tolerated by His Majesty's government, and its consequences not seen through. If it fail, as it must and ought, numerous innocent individuals will fall a sacrifice to his I..ordship's visionary pursuits; and if it succeeds, it must infallibly dcstioy tlu; Indian trade in the result : as experience proves, that when colonization advances, Indians and their trade disappear. Thus his Lordship is contiil)uting towards Indian exterminuiion. IJesides the planting of colonics so far in the interior, w litre i.iOy are placed out of the reach and control of the mother country, is, as it were, tians- Ibrriiig them ami their future interests to the United States, in whose territory, by tiio terms of the late treaty of peace, they will most probably be found ; and thus a strength is raising up to he hereafter employed in aid of American ambition against Drilisli interests. In a fair commercial competition, we have no objection to enter the lists with his Lordship, but we cannot remain passive spectators of the violence used to plunder or destroy our property, under any pretended or usurped authority as was assumed by Mr. Allies M'Donnell, who styles himself governor, but whose procla- mation resembles that of a bashaw, respecting our depdts or collection of provisions for the trade as above stated. In all such attempts hereafter, the North-West company would assuredly be justified in repelling iorce by force ; at all events, I cannot but consider the rights and pro|)erty of that body as equally entitled to the protection of His Majesty's government as the Earl of Selkirk's,
I have no good general chart of the North-West country ; but in the one which 1 now send, the Red lliver and countries adjacent arc correctly laid down, from the surveys of Mr. David Thompson, the astronomer of the North-West company. The grant to his Lordship by the Hudson's Day company is tinged with a light red
" ■ . . I have the honoiu", &c.
i; Co' Harvey, .. . (Signed) /f'. MGil/hraj/.
. Dcp' Adj' Gen', &c. &c. &c.
Dear Sir, Montreal, 1 2th .Tune 1815.
WE had the honour on the 10th instant of receiving your letter of the 8th, con- veying to us copy of a communication proposed to be sent to Mr. M'Gillivray, on the subject of the Red Uivcr colony.
We feel persuaded, that the transmission of this paper is the only step that can be taken for the present, with any hopes of success ; for although our duty to Lortl Selkirk, and the Hudson's I'ay company, led us to convey toSii Gordon Drumuiond the plan suggested by tiiem, of employing a military force for the preservation of the colonvi y^t "c think it is one that for many reasons could not be gone into ; and we really sec no otlier to be adopted, than the one so judiciously chosen by Sir Gordon Ihinnmond.
From the manner Mr. M'Gillivray is appealed to, we conceive that the question of, Hhether or not the colony is in danger, can be easily determined from his reply; and in the mean time we inclose you, for the informaliuti of his Excellency, tha docunieiils alluded to in our letter of the J()th ultimo.
These we should wish to have returned to us at the time that his Excellency may be pleased to convey to us his sentiments on Mr. M'Gillivray's rei»ly.
We have the honour to be, &c. Lieut. Colonel Harvey, &c. (Signed) Miiiliaml, Gordon S^ Aitldjo,
Quebec. 584. D
tT'
vol ill Sir Ci. I'nim- moiul's, 1)1 16 August 1815.
^^
>o
r A P E 11 S RELATING T O T II i:
liKlusnre
in Sir G. Driiin- 111 ind's, nf 1 6 August 1815.
My ikm- Sh', Quebec, Ctli July 1815.
SINCE I had tlie honour of addrcssinj; you on the 24lh ult. nn express lins\ arrived IVoni tlie Indian country, by wliich letters have l)ccn received from the Ilcd | River to the 22d March.
It appears, that tlio same violent conduct is still attrmpted to be pursued by \ &Ir. Miles M'Donnell, but without the same disposition on the part of tlie North- West company to submit to injustice tiiat uus evinced by their people last year, vlien their stuck of provisions nas seized, under the sanction of a pretended authority. ^gj
A copy of Mr. M'Donnell's public documents I have the honour to inclose. Such violent proceedings must produce serious results ; and 1 am very apprehensive, that unfortunate consequences will follow any attempt on his part to take forcible |x)ssessioii of the stockades and houses occupied by the North-West company, stations which the traders from Canada have occupied, with the consent of tlie nations, ever since the conquest of this country, and for a length of time previou.s to that event. I have the honour to be, Sic.
Lieut. Col. Harvey, Deputy Adjutant-General, &c.
(Signed) jr- M'G'dlivray.
V '
ii!'
.M
II
Inrliitiure (8.)
Inrlobure
District of "|
Assiniloin. J To Mr. Duncan Cameron, acting for the Xortli-Wcst company at the Forks of the Ilcd River.
TAKE notice, Tliat liy the authority and on the behalf of your landlord, the Right Honourable Thomas Earl of Selkirk, I do hereby warn you, and all your associates of tiie Nortii-Wcst company, to quit the post and premises you now occupy at the Forks of the Red River, within six calendar months from the date hereof.
Given under my hand ut Red River Settlement, this 2ist day of •■ October 1814.
(Signed) Miles M'DonncU.
\. ..
niOCLAMATION.
Whcrens the Governor and Company of Hudson's Bay, have ceded to the Right Honourable Thomas Earl of Selkirk, his heirs and successors for ever, all that tract of land or territory bounded by a line running as follows ; vi/.
IJcginningon the western shore of lake Winnipic, at a point in 52 degrees and 30 minutes north latitude, atsd tiicnce running due west to the lake Winipiquarish, otherwise called Little VViuipic ; then in a southerly direction through the said lake, so lis to strike its western siiore in latitude 52 degrees; then due west to the place where the parallel of 52 degrees north latitude intersects the western branch of tlie Red River, otherwise culled the Assinibuini river; then due south from that point of intersection to tiic height of land which separates the waters running into Hudson's Ray from those of the Mississipi and Missisouri rivers; then in an easterly direc- tion along the height of land to the source of tiie river Winipic, (running by sucii last-named river, the principal branch of the waters w hicii unite tlie lake Scrginagus,) thence along the main stream of the waters, and the middle of the several lakes through which they flow, to the mouth of the Winip'c river, and thence in a northerly direction through the middle of the lake Winipic to the place of beginning; — which lerritory is culled Assiniboin, and of which I, tlie undersigned, have been duly appointed Governor :
And whereas the welfare of the families at prese .t forming settlements on the Red River, w ithin the said territory, w ith those on their way to it, passing the winter at York or CImrciiill forts in Hudson's Bay, us also those who are expected to arrive next autumn, renders it a necessary and indispensable |)art of my duty to pro- vide for tiieir support. In the }ct uiuuiltivated state of the country, the ordinary resources derived from the BulTaloe, and other wild animals, hunted within the terri- tory, are not deemed more than adequate for the ie(|uisite supply ; wherefore it is hereby ordered, that no persons trading in furs or provisions within tiic territory, for the
honourable
i
■>s\
UED RIVER SLTTLEM EN T. it
lionouiablc llic Hudson's fisiy company, Jlie Nortli-Wcst company, or any individual, ) or unconnected traders or persons wliotevcr, shnll talie out any provisions, cither of flesh, grain or vegetables, procured or raised within the said territory, by water or land carriage, for one twclveinonlh from the date hereof; save and except what may be jiid};ed necessary for the Iradin;; parties at this present time within the territory, to (^ carry them to their respective destinations, and who may on due application to me, obtain licence for the same. The provisions procured and raised as above, shall be taken for tlic use of tiic colohy ; and that no loss may accrue to the parties concerhed, they will be paid for by British bills at the accustomary rotes : And be it hereby fur- ther made known, that w hosoever shall be detected in attempting to convey out, or shall aid or assist in conveying out, or attempting to carry out, any provisions prohibited as above, either by water or land, shall be taken into custody and prosecuted as the laws In such cases direct ; and the provisions so taken, as well as any goods or chattels of what nature soever, which may be taken along with them, and also the craft, carriages and cattle, instrumental in conveyini^ away the same, to any part but the settlement on Red River, shall be forfeited. Given under my hand at Tort Dau- Pembina, the 8th day of January 1814.
(Signed) Miles M'Domiell, Governor. By order of the Governor,
(Signed) Jn' Spaice, Sec'.
Journal of Transactions in Red River department, having reference to the liidosuie seizure and plunder of the Nonh-West company's property by Mr. Miles . 0")
Mci~\„„„»ii 111 Sir G. Drum*
00""'="- m-rnds, «f .6
19th May 1814. Information was received at the North-Wcst company's fort late August 1815.
in the afternoon, that Mr. Miles M'DonncU had sent oft' a party of armed men to
seize a batteaux, loaded witii provisions, belonging to the North- West company, on
the way to their establishment at tlie Forks of the Red River.
20th. Agreeable to tlie orders of my employers, I proceeded with Mr. Seraphim Lamar, and five men, up the Assinii)oini river, in order to protect the company's
Sroperty, should any attempt be made on it. I had not proceeded far, before I found fr. Miles M'Donncll's party, consisting of a clerk and six men, who all appeared completely armed, besides a light field piece. 'On my appearance, (although on the common high road) the clerk ordered his men to arms ; I rode up with one of the North-Wcst company's servants to their camp, and spoke a few words to Mr. Warren (the gentleman at the head of this party ;) seeing the danger of tlie battcaux being attacked, and it being beyond u doubt that this party were to act in a hostile manner, I took immediate steps to prevent the batteaux coining further down. About nine o'clock in the morning (to the best of my recollection) a Canadian camo to inform me, that Mr. Miles M'Donnell, wiili all the people under his direction, were in arms, and proceeding with all possible expedition towards his party on tlio banks of the Assiniboini river. Mr. Allies M'Donnell's party apparently consisted of about forty men, and his surgeon, Mr. Uoldsworth, with some preparations in his line ; and nearly at the same time, a Mr. Spencer (who called himself a sherilV,) and an armed party of men passed our establishment in a boat, having a swivel in its bow, whi ' Mr. Spencer loaded, in presence of several of tlie North- West company's servants,,proceedcd afterwards in search of the North- West company's battcaux, at the distance of about two or two and a half miles up the Assinilwini river. Mr. Miles M'Doiv.iell took up a position on its banks, there to wait for the North- West company's property, which he now publicly said he intended taking by force. In tlic course of the day, people were stopped in all directions, and on the common high- way, by Mr. Miles M'Donnell. Many attempts were made by his people, by his orders, to take all the North-Wcst company's servants prisoners, although follow ing tlieir usual occupations only. A Canadian, by the name of Charles Boilternee, w ho had ottered liis services to the North-Wcst company, to defend their property, was .sent for by Mr. Miles M'Donnell, and threatened with immediate imprisonment for so doing. The natives of tlie country seemed much displeased at these transactions, particularly as it disturbed their traders. Several of them sent to Mr. Miles M'Donnell, requesting that no one might create disturbances on their lands, or disturb those who furnished them with their necessaries. Late in the cveiiiiig, Mr. ?.iiles M'Donnell returned to his house, leaving at the same time all his people in the ])osition he bad taken in U)c tnoruing, on tl>e banks of the Assioiboini river. 584- aist.
I'
I 'in
- 1 '
|i '
'4\
li
13 P A P E R S R E L A T I N Ci T O THE
aisl. We fouml it ncccsniy to riispnlcli on rxpicss to Mr. Joliu Piitdmrd, at liver Lu Sonri, to luqiiuint liim with the state of nllairs, anil order liiiii to take such steps HA uiiglit prevent the North- West company's property troin heina pinndercd. Tlio Indians were i<ept in u continual state of intoxication liy Mr. Miles M'Donneil, conceiving timt by that means he would prevent their interference.
•2n\. An abusive and tlircntenin;» note was received from Mr. Miles M'Donnell ; and his preparations and niovcnients indicate bad intentions towards the North-West conipany.
23d. Mr. Miles McDonnell informed one of the Norlh-Wcst company, that he liad sent 11 party of men to take the two (]uuatUnns (who had iirought down the North-West company's battcaux) prisoners, for tlio purpose of Uhini; every lueaus to luukc them divulge wliercthcy hud put tiic property tiiey had in charge.
24lh.' Late ill the afternoon, Mr. Miles M'l)onnpir.s armed boat nn't party passed with the two ('anadions they had made prisoners. All classes of , cople became alarmed and astonished ut their proceedings ; lew consider tlicHnselvto safe.
2^th. About two in the moruins;, a -boat with »ome men passed up the Assiboini river. Mr. Sfiencer conducted this boat ; constant threats arc thrown out towards the Nortli-West company ; and the natives rc|»ort, that Captain Miles M'Donnell tells tlieni, he intends driving all the North- West company's servants from this |)art of the country.
-"27th. I>ato in the afternoon, Mr. Miles M'nonncH's boat passed with the North- West company's piunian *, having got the two Canadians to point out where it had ■ been deposited.
aSth. The North-West company's servants sulTer nu, h from want of provisions ; several applications were made to us about the seizure of our property by the Indians, who had lately arrival, olferinf; their assistance to recover it; but being averse to such measures, we declined their ofter.
291I1. The seizure of our provisions occasions nmch want; we ore informed that Mr. Miles M'Donnell will stick at nothing, and that he intends sending oti' an armed party, to take the remaining part of the North-West company's projicrty.
30th. Early in the morning, Mr. Seraphim Lamar and a Canadian, were sent to the river La Souri, to make Mr. John Pritchard acquainted with the intention of Mr. Miles M'Donnell, of breaking open the doors; threats, as usual, are held out against the North-M'est company, and their servants debauched and tampered with, to entice them from their duty to their employers.
1st June. Today information was received that Mr. Miles M'Donnell intended seizing all the North-West company's horses ; from experience, people may judge that nothing is now too rash or violent for Mr. Miles M'Donnell and people.
3d. James 'J'onncy, formerly of Red Uivcr colony, made otVer of engaging in the North- West company's service; but as soon as this was known to .\lr. Miles jM'Donnell, he immediately sent a note, forbidding any person to engage him ; which is conliary to all law and justice, the man being perfectly free, as appears by the con- tract now in his possession ; iic complains of hard treatment, and ill usage ; ul^io states, that he was put on half allowance fur no just cause or reason : all this lie says he can make oath to l)eforc a justice of peace. , '
4th. The North-West company's servants sufl'er much from the want of provisions, and their business in a great measure stopped.
.ijth. Hostile threats are used by Mr. Miles M'Donnell towards the North-West company, ami he uses all his eudeavotus to send off the Indians from the North- West establishment, so that they nmy be no check to his proceedings. Jan;cs Toonoy came to inform, that Mr. Miles M'Donnell intended sending him by force to Hudson's liay, there to be punished as they pleased; to save tiie man from such an act of injustice, and relieve liis distressed situation, means were given him to escape.
7th. Ml. Seraphim Lamar, and the Canadian who accompanied him to the river
Lu
* I'ltiiii.iii — a mixliire nf grease und pounded venison, [ncservcd in iuHtliiTii ba^n, \vliicli coiitiiin tlioul niial) ii.'Uiiils each.
RED RIVER SETTLEMENT.
15
^.■,*:s
La Sours arrive. A letter from Mr. John Pritchard states, that Spencer had nuide show of ft warrant, ordering to break open the North*We«t con>t)any's fort and doors, and seize all provisions belonging to them, (with the exception of two batti-aux from Alexandria.) Mr. Lamar states, that this nmraudrng party, on their arrival at the river La Souri, encamped at tlu: door ( or near to it) of the fort, and made use of repeated tlireats towards himself, and the other servants of the North-West com- pany, at that establishment.
8th. Peaceable and quiet offers arc made by some of the North-West gentlemen to Mr. Miles M'Donnell, in order, if possible, to avoid coming to extremities; which (by tlie bye) his conduct to the North- West company folr a letigth of time fully merited ; but all pacific offers are rejected.
Qth. People suffer much from want of provisions, and the company's business entirely stopped.
loth. Some of the N'vth-Wcst company and tlwir servants arrived here late in tlic afternoon, much fatigued and in wuDt of provisions ; they could nut on this occasion, owing to the plunder of tlieir provisions, aflbrd a mouthful to their Servants.
1 5. In the morning, a letter was received at the North- West company's fort, ac- quainting the proprietors of the North- West company of the plunder of their pro-< perty, in their fort at river La Souri. One of the party concerned in that breach of the law (Mr. Uoiise) being then on his way to Mr. Miles M'Donnell, (who had given orders to that effect,) it was thought proper to seiee the delinquent, in hopes of bringing him to condign punishment. On Mr. Miles McDonnell understanding that Mr. House had been taken and confined, he, according to custom, called his people together and armed them, making every preparation iuilicativc of an imuKdiate attack upon our fort, and then, as with him custotnary, began an abusive and threat- ening correspondence with the partner of the North-West company present. It became highly necessary now, on the part of the North- West com()any, for self-pre- servation, to stand on the defensive ; accordingly some preparations were made to repel violence. Mr. Miles M°Donnell stationed people in different directions to stop people in the common highway, and no person could pass or repass without being taken to Mr. Miles M'l^''""^'!^ house, and there undergo an examination ; constant threats of imprisonment, and the like are held out against all who may defend their own property, or take any part in the present business; wc suffer for the want of provisions.
1 6th. It is distressing to sec how the people suffer for want of provisions ; the increased number makes our case still more hard ; we have nothing but rumours and threats that we are all to be brought prisoners to England, and driven from the country.
17th. In the evening, Mr. Miles M'Donnell came in a menacing attitude, at the head of an armed body of his men, within the distance of six hundred yards from the North- West establishment, and after a short stay, went off. One of tlie North- West company's servants, who had gone out to the plains, was pursued by Mr. Miles M'Donnell iri person, and followed to some distance ; the man escaped, merely through the swiftness of his horse.
i8th. About twelve o'clock in the day, a party of Mr. Miles McDonnell's njen passed up the Assiniboin river, on one of their marauding expeditions ; he himself followed in the course of the day, bringing with him some held pieces, and taking a station on the banks of the river, with the intention, as I liavo since heard himself declare, of seizing every thing that nassed belonging to the North- West company, and at the same time to prevent the North- West company from taking into custody his people who had plundered thcin at the river La Souri. Mr. John M'Donald, a proprietor of the North- West company, arriving jnst as matters were coming to extre- mities, proposed to have no interview witii Mi. .Miles M'Donnell, hoping that some understanding might take place, which would prevent the shedding of blood, so likely now to take place. Accordingly these two gentlemen met by mutual consent, and after a short j)eriod of time, agreed that two hundred bags of the piimian robbed, sliould be retunicd to the North-West company immediately, and arms were laid
584' , - E aside
14
PAPERS RELATING TO THE
nsido by botli parties in consequence. Thus ended for the |)rr.scnt tlie most d\i' ngrceable, and i may add the most disgraceful business I ever witnessed.
(Signed) Ale.f M'lhmicll.
Sworn before us, William l\I'CiiHivrny and Arcliil)i»ld Norninn M°Leod, two of His Majesty's justices of the peace for the Indian territory and depen- dencies, this fourteenth day of July, one lliuusmid eight hundred and fourteen.
(Sinned) ll'"' MGilUvraii, j.p. A true copy from the orininal. (Signcil) //. A'. M'Lcoil, j. v.
(Signed) W" M'GiUivray.
f.
Ilii
Inclnsure
(II)
in Sir G. Dium-
nioii(t'>, of |6
August 1815.
Speech of the grandes Orcilles, a great chief of tlip Cliippaways, made in tlin Indian Hall at the forks of the Red River, on the U)th June 1814, and addressed to the Partners of the Nortii-West company. Tl)c ("hief holding in his hands a string of wampum tied ct both emls, proceeded as follows: —
Traders ! My children I When I first heard of the troubles you were in at this place, n»y heart became sore, and the tears ran down my cheeks. I found, however, there was no time to indulge in grief, no time to be lost ; our traders, our friends, the protectors of our children were surrounded with dangers. I gave the call of war; and you sec before you proofs that my voice was not exerted in vain ; my young men have hastened to it.
I fuid that you, as well as the Indians, are environed with difficulties and dangers; wc arc placed, as if all were encircled within the ring of beads which I hold in my hands.
W'c have the Siou.* to oppose from above, and now it appears we have to contend •with land workers from below. Who are they, these land workers? what brought them here? who gave them our lands? and how dare tliey to prevent our traders from piirchasing whatever wc have to give tiicm upon our own lands ? Ihit it would appear that these strangers, tiiese makers of gardens, look upon themselves as the real possessors of these lands, and presuming upon this extraordinary rigiit, would wish to pro\ 'nt you from returning here, by depriving you of your stock of provisions tardcd on this river, in hopes thereby to drive you from the country, and make slaves of the Indians when deprived of tiicir friends and protectors. As for them, wc can never look on them as such.
Last sunmier I was called upon by you to go with my young men to Fort William*, in order to give assistance against the Americans. I listened to the call, and |)roccedc(l towards your great lodge; but w lien wc reached it, I found our assistance was not required. I liowever left my war club in the hall, in case I might again be called upon. I could not then have tiwught that I should ever have occasion for my club to serve against the whites on these lands ; and white pro|)le too, coming from the same lands as yourselves, and all of you, as well as tliu Indians, obeying the same great father.
Rut we see that these land workers are unreasonable, that they are determined to impose upon us, and upon you ; we are therefore eipially determined to brenk down whatever harriers thei/ may set up against i/oa, or against us. Methinks I regret my ■war club is at a distance, but I can ciisiiy lind a substitute for it. I oin now an old nitui, I do not value life; I urn therefore come resolved to die between the two hostile .parties. My young men are equally deteriniiied with myself. It is our «ish, it is our interest to preserve you at the risk of our lives ; for if you leave us, who amongst us will have pity on our women and children.
Yon say, however, that you have come to an understanding Milli these people ; I om glad of it. I thank the master of lite, that my string of beads will not be stained with the blood of whites residing on these lands. I fchoulJ always wish to see you nt peace; 1 would love you all «cre it possible; but my heart and my life are at the service of those who have charge of the bones of my father f, and of my brother;
and
It is
* Fort William is the btiid-quarlert or place of rendezvous of the North-West company ituatfd on Ldke Superior, lat. 4^" -yj N. ami lonf;. Si)° 30' \V.
+ I lie bones of Netani, the (,reat elm I, and father ol the speiikfr, are pretervod on u scaffold at 'oit William, and his brother's Loiieis in ihe saini' manner at I ur la I'luie. There is ulwa\s a Hag ' ' — ' "'' " mark ol' dibtiuciiun and lespecl for the memury of the dead
lUlll.
-placed over tiieiu by the company, a'l a chiefs.
m I
m
RED RIVER SETTLEMENT,
J. p.
»5
and if you cnnnol live in peucp, und liiat these land workers will not allow you to trade witii us as usual, they shall ho destroyed or driven from the Assiniboini river.
To conclude what I had to sny : I already see a great change ; when we wore accubtonied to encamp round the forts of your traders in this river, my children used to be fed with pounded meat and grease ; but this spring, hunger and starvation forced \is to leave the fort much sooner than I intended, for my wish was to remain until the black clouds which appeared hovering over the fort were dispelled. Some of you, my children, thought then perhaps, that I wished to get out of the way ; but no, I had no such intention ; seeing that you had no provisions even for your young men, I was forced to go and seek something for my children. It was not the sound of bad birds that drove inc away. My rcailincss in appearing here to support your cause, ought to be a proof of my attachment to my traders and to my children.
These are my words, and I have nut two mouths.
Gentlemen, Quebec, .luly iSth, 181,5.
Ueferring to my Letter to you of the 8th ultimo, inclosing co|)y of a communi- cation proposed to be made to Mr. M'Gillivray, containing certain queries relative to the dangers with which the settlers on tlie Red River arc supposed to be "( threatened, from the hostility ot the Indians instigated by servants of the Nortb- West company, I am directed by Sir Gordon Diummond to acquaint you, tliat that : letter has been answered by Mr. M'Gillivray in such a manner as would have com- j pletcly removed from his Excellency's mind all traces of any impression unfavourable | to the honourable cliaiacler and liberal i)rinciptes of the hciuls of the Norlh-West coin|>any, had any such impression existed. On a fair consideration, however, o^ the statement and documents now before him. Sir Ciordon Drummond is of opinion, that if the lives and property of the Earl of Selkirk's settlers are or may hereafter be endangered, that danger will arise principally from the conduct of Mr. !Vfilcs \ McDonnell, his Lordship's agent, who appears to his Excellency to be actuated by ! any thing but a spirit of moderation and conciliation, in his language and demeanour, < tow ards the servants of the North-West company : he has, moreover, assumed powers I which caiuiot possibly, in his Excellency's opinion, ha\e been vested in him, or any ' agent private or public of any individual or of any chartered body. The legalit}', i howover, or otherwise, of the proclamations issued by Mr. Miles M'Donnell (copy of^^ two of which are inclosed) will of course be determined in a court of law in Great Rritiiin, to which they have very properly been referred by the North-Wcst company.
The papers which accomiianied your letter are herewith returned, copies having been retained for transmission to the Secretary of State, before whom it has been bis Excellency Sir Gordon Drummond's endeavour to place the whole case as fairly and us fully as possible.
I have, &c. Messrs. Maiiliind, Gordon & Auldjo, (Signed) J Hanxy. \\
Montreal
Inilosure
(12)
Sir G. Drum-
hikI'b, of It) u;;usl 1815.
any.
It is
scalTiiIil lit IwuNS a Hag uf the dcuU
No. 1 . — Statement of the Hudson's Bay Company.
The servants of the Hudson's J'ay company, employed in the fur trade, have hitherto been fed with provisions exported from England.
Of late years this expense has been so enormous, that it l)ccame very desirable to try the practicability of raising provisions witliin the territory itself. Notwitlistanding the unfavourable soil and climate of the settlements immediately adjacent to Hndsons Bay, there is a great deal of fertile land in the interior of the country, where. the climate is very good, and well fitted for the cultivation of grain.
It did not apjicar probable that agriculture would he carried on with sufficient care and attention by servants in the immediate employment of the company; but l)y establishing independent settlers, and giving them freehold tenures of land^ the com- p:my expected that they would obtain a certain supply of provisions at a moderate price.
The company also entertained expectations of considerable eventual benefit from the improvement of their landed jiropcrty by means of agricultural settlements. Having a due regard to the implied condit^jns of their charter, they deemed it a duty
584. hicumbcnt
I lu' Insure 03.)
f0 PAPEHS RELATING TO THE
incumbent on thciu (as toon m the practicability of af^ricultural iinprnvement was ■demomtraleil) to giv« a liberal degree of eiicuura^^cmciU to nn experiinrnt, «« liicli independently of otber advantages, pruiuitics to huvu most beneficial eti'ucts in Uic civilization of the Indians.
With these views, the conopany were induced in tlic year 1811 to dispose of a large tract of their lands to the £arl of Selkirk ; in whose tiands they trusted that the experiment would bo prosecuted with due attention, as the grout was made subject to adequate conditions of sctlleiuent.
In entering upon this transaction, the Hudson's Hny company had no reason to suppose that the intended establishment would meet with any peculiar difliculties. The country on Red Uiver wlierc it was to be formed, had been frequented by their servants for a long course of years, and they were in the habits of the most friendly intercourse with tlie natives. The district had been much exhausted of valuable furs, so that the trading posts in it had proved of hite years unprofitable, and doubts had been entertained whether they ought to be continued ; and the Indians had on many occasions expressed much anxiety lest the Hudson's Ijuy company should abandon the posts, from which they had so long been accustomed to receive their supplies of British manufacture. It was not therefore to be supposed that they would object to an establishment calculated to secure them permanently from any sucli apprehension, and there is no reason to believe that any dissatisfaction would have existed on their part, if they had not been industriously fomented.
—No. 3. —
Dear Sir, Point Fortun<>, loth October 1S14.
Your time of starting being near at bund, I shall trouble you with a line, to acquit myself of my promise. 1 have this day got in my eleventh bushel of full grain, and still propose continuing to sow more while weather permits. From reports that have reached me, from a source I cannot doubt, since I had the pleasure of seeing you, I have reason to fear that my brother's life, and the safety of the intimt colony on Red River, are in a (wrilous situation ; my greatest fear is from treachery, and machinations to prejudice tlie natives against the colonists. Some of the wintering partners of the North-West company think favourably of the undertaking, and will go all lengths consistent with their duty and interest, as N. W. partnersi to prevent Its destruction. The strongest argun)cnt I have lieard used, to raise a jealousy in the natives, is by inculcating on their minds a belief that they are robbed of their lands, without any indemniiicutiuu. Tiiis I have heard a year ago, from the mouth of a principal, and one of the chief instigators of this enmity to the colony ; who added, that it was destroying the principle the Dritish govcrnuient was contending for, in favour of the natives, against the encroachments and sci/.ures of the American government, of their lands against their wills, and allowing them only what remune- ration they thought proper to offer. I cannot see upon what ground the colonists claim a right to possess themselves of other people's jjroperty, say provisions, traded fairly from the natives with their own merchandize. Self preservation may justify Jicts that in other situations would be criininnl. I sincerely wish more moderation was used by botli parlies. I dread of Jieuring something disastrous from that quarter next year.
On the opposite page you will find an account of ^uch things as have occurred to ine, to be given up us appendages with tijis estate. Tiie consiilcratioiu that uiuy prevent my disposing of it, arc the followin;^, of whidi you will see the propriety. 1st. The death of my wife, or my own lieiilih, or hers, being in such a state, that we cannot undertake the voyage to the Utd Kiver. :^d. My not being able to dii^pose of my share in the North-West company, or 11 y inability to go witii an amicable accommodation with my partners, for my interest in tlitir hiuids is about treble of what I should expect as an equivalent tor this estate, which I could not, in my sober senses, sacrifice for a wish to go back to the Indian country, to eiiiliire liardshi|)s and difiiculties and privations at my advanc.-d time of lite, vergini; on 4,';. Tiiese diffi- culties being got over, I sliuli give you pi,"»(»e»bion of this estate in all May next.
N. B. The rest of tlie letter rel itcs merely to the transactions of the sale ; so far is
':t;
a correct copy.
(Signed) ^Ikid:
11 E D RIVER SETTLEMENT.
»7
o reason to difficulties, tcii by their lostt friendly iluuble furs, doubts had id on many lid abandon supplies of Id object to •prehension, ed on their
ler 1814.
h a line, to jshcl of full rom reports pleasure of )f the infant n treachery, he winterins ng. and will I, to |>revent jealousy in }cd of their (\ the mouth stony ; who 1 contending le American lat rcmune- liu colonists ions, traded may justify moderation that quarter
occurred to
i\s tiiat may e propriety, ate, thiit we c to di.spose un amicable Jilt treble of in my sober uiisliips and 'Ihese diffi- yr next.
Ic ; so far is Selkirk.
— No. 3. — Inclotor*
Sir, Turtle River, 1 7th February 1813. ■„, sir (!.*i)rum.
I beg leave to inform you of the foiloHini,' circuuistanccs, concerning two of nimid'B.iif 16 tlic North- West company, or intruders, us I may call them, arc inflaminj; the minds Augmt 1815.. of the Indians anainst both the servnntsi of the Hudson's Bay compuny and the colony, which are as follows Some of the said Nortli-VVest company's servants arc at tliis place, pBrticuhiiiy their interpreter here, iVeciu* ntly told the Indians, whose names «c well know, that none of the servants of the Hudson's Ray company will he admitted into this country pnst this season, and furthermore advised them to take as nnich debt as they could get, for they would never be called upon for payment. And others con- cernedfwiih the said North-West company, likewise told tlic Indians, should they allow a colony to settle here, they would be made slaves of, which created {jrcat dis- rontentedness among them, and by their procrastinating making objections to it, would only give advantage to get a 8u|H;rior force to the colony, wliicli occasioned them to assjinhle last l-'ull, when thoy determined to act as thus. That about the latter end i.i' this Spring, all the Indians intend to assemble here, where all the voung men are to
remain, and their principal chiefs to go to I* , to make the following proposals
to the commanders of botti the colony and Hudson's Hay company, viz. to get assist- ants from both to expel their enemies from off their limits, and likewise to be recom- pensed for their land, as they have been told by the said North-Wtst company, that any where a colony was settled at Montreal, or nny other part of North America, the Indians were paid for their lands ; and they said, should the governor of the colony riot condescend to their proposals, that they intend to themselves.
Tiie above circumstances were verbally communicated to mc by M. Bastonicr.
I remain, &c. W. Nillcr, Esq. (Signed) Jif Mackod.
Chief. A true copy.
\ (Signed) Selkirk.
No. 4. — Minute by Miles M'Donncll, Esq.
On Wednesday 22d May, I went into the city, called upon Sir Alexander Mackenzie, at his house in .fohn-street, when he said that he had just returned front the meeting of court of proprietors of Hudson's Bay company, where he opposed the Earl of Selkirk in matters which were brought before tlie Court. That he (Sir.Alexander) was the only [wrson there who spoke against the plans of the Earl of Selkirk; that he gave his opinion decidedly, and was determined to give all tlie opposition in his power, whatever might be the consequences.
I expressed a regret that any difference should exist between Sir Alexander and I^rd Selkirk ; that I had passed my word to his Lordship, to go out with some people to form a .settlement at Bed River, but that I had nothing to do with tliu commercial concerns of the two companies, unconnected w ith forming the settlement. Sir Alexander replied, that it was a scheme which could never succeed, and only deluding the imfurtimate people who should be engaged in it, taking them from their country, which so nnich requires their services as soldiers and sailors, deluding them away under spiirious and false pretexts, promising free grants of lands, setting forth the soil and climate of the Red River country to be like that of the country about Montreal. That such settlements struck at the root of the Norlh-VVest company of (Jaiuula, which it was intended to ruin. If other people did not clearly see their own interest, he did ; it was besides a thing impracticable, and a mad attempt, to make a settlement among the Ossinibcrgers, the most tierce and warlike nations oi Indians in North America, who would never permit ])Cople to reside in that way among them.. I observed, that a treaty would be made with the Indians, and that the first European settlements in America were begun in the same way. Sir Alexander replied, that the first settlements were very differently sitnated, being for(nc(l on the sen coast, and none of them were beyond 700 miles in tlie interior, as the intended place of this was ; from which cirenmstance alone, it must at all times lay at the mercy of the Indians, who would not be bound by treaties; and that even one Norlh- West company interpreter, woidd be able at any time to set the Indians against tlic settlers, to destroy them, such influence have they with the natives.
A true copv, 1 ,,,. ,.
March 27d,;i-«i3j- ^^^'-"'''^
■ 584. r
Selkirk.
i8
PAPERS RELATING TO T H V.
Inrliitvrt
^ 05) in Sir a. Drum- iiiund'i, vf iC Auguit iti.'s.
v\a
- No. 5. - Gentlemen, I'eiigc I'liice, Fihruniy I4tli, 1815.
Vou are wdl nw-are, Uiut ^eversl |»crsoii« ronnrrtcd with the Nortli-West coinpnny of Montroul, wIk) cunhi«icr the srtll€iik;nt oti Re<i Uivcr ns likely (o Ixi iiijurioiit tu tlx'ii' inUYcatA, Imvu ircqiicntly ciiliirfrcd on tlio (iaa;^er of hostility on the (Ktrt of titc nutivcfl, wliich thvt coin|>any uiigiit tmve (lie incanii of exciting. Their lliretu u'o have hitherto (iisreganleft, as a mere artifice to check the progress of the AeltluuMfnt. Of Inle, however, my corrcs|totuieut at Montreal han AtronKly ex|>rcHAcd Hii opinion, that serious diin}.HM- is to lie opprehcmied ; and it would apjicar, that in pro|)orlion to the ituccemi of tJie C!>tHhliHhmunt in fietting over the natural difliculiicR of an infant colony, the virulcnco of its enemiea hat increased, and that some desperate ctl'ort it in conteinplntion to overturn it, while that is yet practicable hy means of Ihoee Imiiani wiio arc under the influence of the Canadians.
A letter has lately hocn put into my hands, which corroborates those ideas very stron^ily, as it shows that the same appreliension is cntortuined by persons in Canada, who unqucstional)ly must have access to correct information. The letter relates chiefly to a sale of lands which the writer seems to have intended purchasing, with the view of settling; on Red Riv«r with some of his relations. He is a partner of thu North- West company, and a f^ntlcniau of known probity and veracity. He retired from the active management of the business in the inland country, at a recent date, so that he must be well acquainted with the feelin);s of his partners tlierc ; und as he still draws a share of their profits, it is not likely tliat he would be dis|>osed to misre- present their views, or exaggerate their malevolence. I inclose the letter for your consideration, and request your attention particulnrly to tiie following paragraph, in which you will observe that he apcuks of the enmity of the Nortli-Wcst cotnpany in general, and the iolerest that they have tu destroy the settlement, as a matter so well understood as to require no comment : " From reports wiiich have reached me from " a source I cannot doubt, since I had the pleasure of seeing you, I have reason to " fear that my brotlwr's life, and the safety of tlic ii^fant colony on Red River, arc " in a perilous situation. My greatest fear is from treachery und machinations to " prejudice the natives against the colonists. Some of tiic wintering (lartners of the " Nnrth-Wcst company think favourably of the undertaking, and will go all lengths " consistent with their duty and interest us North-West partners to prevent its " destruction. The strongest argument I have heard used to raise a jealousy in the " natives, is by inculcating on their minds u belief tliat they arc robl)ed of their lands " without any indeinnificaliun. This I have beard a year ago, from the mouth of " a principal, and one of the chief instigators of this enmity to the colony." If the Indians have been leii to entertain this jealousy as to their lands, it has not been from inattention on the part of my aj^cnt to satisfy any just claims. Captain M'Dunncll had my instructions to make u purchase from the natives, of the lands required fur the use of the settlement. In his letter of July 181 3, less than a year after his arrival on Red River, he writes to the following ellect : " I uin at a loss in what manner to " make a purchase from the natives. Those lure do not call themselves owners of " the soil, although long in |K>ssession. It belonged originally to the Crees, whom " the Ossinibergers, who are a branch of the Sewux, drove otl". A small annual " present will satisfy the Indians here, and should the otiivr make a claim, u present " will satisfy them also."
In the same letter, captaU) M'Doniiell mentions circumstances which convinced liini, that even at that period the North- West company had been cndeavoining to givo the Indians u bad imprussion of the coiunista ; and among other authorities he refers to a letter from Mr. John M'Leod, wUo iiad received inforiuation trom a Canadian of the intrigues thut weref^oingou tioint^ueucc tlu* minds of the Indians, und by him it is distinctly statad, that tito interpreter and el«irk of the North- West company hud told t'tu Indians, sitould tbey allow " a colony to settle here they would be mude slaves " of (wbicli created groat diacoutcnteduess among them;) and by tlicir pruci-asti- " rutting making oltjections to it, would only give advantage to get a superior force " to tlu; colony." It ap|>ears that those inflaiuntutury discoufses had led the Indiana to use menacing language towards tlie aotllement; but in a further part of this report, cuptain M'Uonnell writes, "I have had conferences with the principalchiefsof theSaul- " tuaux tribes; all lh« formidable threats against us are blown over, they arc now fuvour- " ably disposed towards the colony ; as far as the state of our stores could aflord I have '" been liberal to ihem ; they <niU ine the niaatu' of the ao)l>. tlicir geuerul fattier, come
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" purposely for their Kood. I lun convinced, that Khotild there ever be difficulties " witli thccn, tliey inii«t be created at the instigation of inimical traders. As to their " driving to general hostility with ur, tlwy cannot now do it. The ftrcmicr or " su|)crior hereditary, chief of all the Saultviiux tribes, is at my rc<|ucst eiicournging " the In<liiinsof Lake la I'luic to draw towards this river, to form themselves into " villages, plant Indian corn, &c."
It does not appear that any farther unensinrM lins been entertained rcs|)rcting the Sttulteuux, wlio in tnct have derived materiHl benefit from their intercourse with the settlers ; and many circnnislances might be quoted, to prove the cordiHiity which sub- ftiitts between tlicin. The Snulteaux are (he Indians who reside in tiic immedinto vicinity of tlie settlement, and who alone could have any plausible or notural ground of objection tu it. Hut tlio apprehensions which are now entertained, arc from tiM Ossinibtrgers, uliosc country lies at a great distance, and with whose interests the settlers cannot intcrtcre, ho that there is no probability, that a hostilo feeling could have arisen on their part, unless it had been industriously fomented.
As the Indians are in (he hiibit of daily intercourse with the Canadian traders, while Captain M'Donnell hnd little or no opportunity of removing any mistuken impression, and ns yoti hnve now liefore you the testimony of an unexceptionable witness, who from personal knowledge, states that arguments hove been used "to raise a jealousy in tiie natives," nnd to " instigate enmity to the colony," the symp- toms of IxMtility which hnve been observed on the part of the numerous and warlike tribe of Indians, cannot be a matter of little moment, or the result of mere casual irritation.
Along with the circumstances which have thus recently come to our knowledge, we cnnnot forget the vehement opposition to the intended settlement, which waS) expressed os far back as the year 1811, by |X!rsons connected with the North- West company. In your own hull you heard the violent language of mure than one of these gentlemen on the subject ; and to the circumstances which your recollection will supply, I beg leave toudd a minute written by Captain Miles M'Donnell, 011 the 24th Alay 1811, relating the circumstances of an uiterview with a distinguislicd partuer of the North-Wcst company, two dajs bcf«;re, wlicH the conversation had turned on the proposed settlement on Red River, anu anwng other expressions, this gentleman had declared *' that he was determined to give all the opposition in his power, whatever might be the coascnuences ; tliat such a settlement struck at the root of tlic North-west company, which it was intended to ruin. If other people did not clearly sec their own interest, he did ; that tlie settlement must at all times tay at the mercy of tlu: Indians, who would nut be bound by treaties, and tiiat even one North- West interpreter would be able at any time to set the Indians against the settlers to destroy them."
At the period that I refer to, I was inclined with you, to consider the language of these gentlemen, as an idle menace, intended only tu deter us from the prosecution of our design, and I did not believe that tlic Noith-Wesl company could be induced seriously to entertain so horrible a project, us that of instigating tlie Indians to destroy tiieir fellow subjects. It still appears to be almost incredible, that such a project should l>e entertained ; yet under the circumstances which I have stated, I cannot tiiink timt we should be justified in trusting the lives of the settlers to chance, or to the forlienrance of those who do not scruple to avow .the interest they have in destroying the settlement. However respectable many members of tlic North- Vrest company nmy be, we know, that among their partners there are individuals, who have liardly a better notion of low or justice thnrt the Indians themselves; men wlio have lived from early youth, at o distance from the restraints of civilized society, whose notions of honour and morality are nearly comprized in the one point, of zealous attention to tlic interests of the ir partnership, and who with uncultivated n)iiut.s, and impetuous passions, have been accustomed to believe that the remoteness of the rountry will shelter them from any legal investigation of then" conduct, It ii ditlicult to say how far such men may not be cairied by the thhst of gain, combined with the liabit of acrimonious rivolship.
Under these circumstances, the necessity of affording adequate protection to insure the safety of the colonists, must be evident. I beg leave to submit to your coii- .Mderation, whether this can be adequately provided for, without the aiJ of His Majesty's government. I have the hotiow to be, &c.
To the Governor and Committee"! (Signed) Stlliirh.
of the Hudson's Bay Company. J
584.
•JO
PAPERS RELATING TO THE
••(
I
Mi-'
m.
— No. 6. —
K. B. — The governor of llic Hudson's Uny roinpany, on tlie ijtii Fel)ruar\> Tidilrcsscd a letter to Karl lliitlinrst, triinsinittinij l.ovii Selkirk's of" the I4tli, together ^vith the stiiteiiient cfrtKtrnin^ the formation of the settlement on Hed Uivcr; nnd oliMTvinn thill the fiu-ts which were stiited, ihoiif^h they misjht not he siiflieicut to rriniinule the individuiils alluded to, appeured to lay strong grounds of suspicion, and to call for nieasuies of prosecution to seem e the livi - of the colonists ; for whicti pnrpoi^e, he prayed tiie aid of His Majesty's guvernincnt by a military force, to he stationed on IJed River.
'1 he papers inclosed, np|)enr to contain every thina; that is necessary for elucidating the suhject, unless some relorencc should he made to the affair of the dried protisions of the North-West coujpany, which were embargoed lust Summer by Captain McDonnell, a circumstance which appears to liavc been studiously misrepresented 1)y the North- West company. On tliis subject, it is to be noticed, that (Japtain McDonnell had no intention of interfering with the trade, or infringing the private properly of the North-We.'^t company ; but that as governor of the district, he had issucd a general prohibition against the exportation of provisions for a limited time, undir the general discretionary power vested in the governor of every British colony, to do what is necessary for tiie [iresirvution of the inhabitants in cases of urgent danger of scarcity, in virtue of which exportation of provisions is fre<|iicntly pro- liihited by the autliority of the Governor in other colonics. Ca|)tain McDonnell was willing to allow every exception which could reasonably be expected; hut he was for a long time prevented Irom entering upon the consideration of any reasonable limit- ation, by the obstinacy with which the North-West company relused^to submit to his luwlul authority.
Extract of a Letter from Miles M'Donnell, Esq. to the Eiul of Selkirk ; dated lort William, Lake Superior, July ajlli, 1815.
My Lord,
My letters of the 20lh and a^jth June arid 2(1 .Fuly, will inform your lordship of the disastrous events wh'ch took place at lied Uiver, my being a prisoner with the \ortii-\\ est comjiany, and their suhserpient destructive operations at the settle- ment. Since I left there, I learnt that the North- West company drove otV all the people who would not agree to join with them, or acce|)t of a passage to Canada; and that their personal safetv, ns well as that of the colonial stores, was owing to a party of Indians who hsscmhicd for their protection, and escorted the peoj)le and property safe to the Lake (VVinipic). 'J'hat since the departure of our peoj)le, the North- West company have burnt all the houses to the ground, without even excej)ting the mill. Mr. John M'Leod, whowaslel't therewith five or six men in the name of the HudscHi's Hay company, witnes>ed all the transactions. 1 trust, however, that our people can return shortly with reinforeemfuts ; the enemy cannot long remain theie III lorce, and must soon disperse. There are gootl crops on tiie ground, the grtatir part of which may be luken care of by .Mr. M'Leod and party, until the return ot our people.
I iim kej.t here in eonlinemcut till the North- West people ehnsc to bring mc to Montreal, at liieir own convenience. Several of their canoes have mine oil, but 1 eoull not gel a passage. Mr. Sjiencer, who has been their prisoner since the Olli September last, is yet no larther than this place, alter passing liie winter at Lac la I'luie. Whether they will attempt to bring us to trial at .Montreal, or not, I cnnnot say to a ciitainty, but I am ecrtiiiii we need iiot expect any indulgence tio(u tlu ni. 'Jill s liave b'.(.n taking down here the eomplaiiit.s of all the sellkTs that have arriveil ; tl e promi-,s tliey ehuse to say were niaile to lhe;n by your Lonl>hip, and their treat- ment since liny came to the country. If they only slate the Irutli, I am sure tluy will have nothing mate>ial to complain of ; but to palliate their own unjiistiliabic eoiuluet, and to [ilea^c the Nor'h-We.it company, on whose hands they have thrown themselves, I think that many of them will not stick at saying whatever is leijuired of thi in. It i> said the North-West eompanv intend to settle liieiii at Malchedaslie Iluv or l.uki' Huron, where they ur'^ to obtain cio\\ii laiuis lor them.
A. a. - The rest o(,thc letter is on another subject.
Publislicd
•J
U E I) RIVER S E T T L E M E N T.
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irk; dated
r Loidsliip soner M'itli the settlc- tV all tlic Canada ; \vin;^ to a oplo and )C()p!e, the excepting; the name ever, that niil reniuiii ound, the until the
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Tubli^lied
Published by Auliiority.— Anno quadragcsimo terlio Gcorgii HI. Regis, cli. 138. j Indosiire
" An Act for extending; the jurisdiction of the Courts of Justice in the Province in Sir (;. Dnim- * of Lower Canada and Upper Canada, to the trial and punishment of persons i"<>n«l"s, of 16
guilty of crimes and oflences w ilhin certain parts of North America, adjoining ■^"ii"''' '8'5- "■ to the said Provinces."— (11th August 1803.) '
" Wlicreas crimes and offences have been committed in the Indian territories, and other parts of America, not within the limits of the provinces of Upper or Lower Canada, or either of them, or of tiie jin'isdiction of any of the courts established in those provinces, or within the limits of any civil government of tlie United States of America, and are therefore not eoijnizable by any jurisdictic;n whatever, and by reasr.n thereof great crimes and offences have gone and may go unpunished, and greatly increase : For remedy whereof, may it please Your Majesty, that it may he enacted, and be it enacted by the King's most excellent Majesty, by and with the consent and advice of the Lords spiritual and temporal, and commons, in this jjrcscnt Parliament assembled, and by the authority of the same, That from and after the: ■ passing of this Act, all offences committed within any of the Indian territories, or parts of America, not within the limits of cither of the said provinces of Upper or Lower Canada, or of any civil government of the United States of America, shall be and lie ileemed to be otfences of the same nature, and sliall be tried in the same manner, and subject to the same |)iinislinient, as if the same had been c>.!nmitted withjn^ tJje province of Lower or Upper Canada.
2d. " And be it further enacted, that it shall be lawful for the (iovernor or Lieutenant Governor, or person administering the government for the time being of the province of Lower Canada, by commission imder his hand and seal, to autiiorize and empower any person or persons whomsoever, resident or being at the time to act as civil magistratis or justices of the peace for any of the Indian territories or parts of America not within the limits of either of the said provinces,. or of any civil govern- ment of the United States of America, as well as within the limits of either of the f<aid provinces, cither upon informations taken or given within the said provinces of Lower or Upper Canada, or out of the said provinces in any part of the Indian territories, or |)arts of America atbresaid, for the purpose only of hearing crimes and offences, and committing any person or persons guilty of any crime or oHence to safe cestody, in order to his or their being conveyed to the said province of Lower Canada, to be dealt with according to law ; and it shall be lawful for any l)erson or persons whatsoever to a|ipreiieiid and take before any person so commissioned as aforesaid, or to apprehend and convey, or cause to be safely conveyed, witli all convenient speed to the province of Lower Canada, any person or persons guilty of any eriini! or offence, there to b.; delivered into safe custody, for the purpose of being dealt wiUi according to law.
3d. " And be it fnither enacted, that every such offender may, ""d shall be pro- secuted and tried in llic courts of the province of Ijiwer Canada (or it the Governor or Lieutenant Governor, or person a<lministering the government for the time bwiii;:. shall from any of the circumstances of the crime or offence, or the local situation cjf any of the vvitnesscs for tlie prosecution or defence, think that justice may be more conveniently administered, i'l relation to such crime or offence, in the province of U|)per Canada, and .',hall by an •nstrnmcnt under the great seal of the province of Lower Canada, dcchue ihc same, then that every such offender may and shall hi: prosecuted .nid tried in »he court of the province of Upper ('anada), in which crinies orodcnces of the like nature are usually tried, and where the same would have been tried if such crime or otVenee had been committed within the limits of the province where the same shall he tried under this Act ; and every otlender tried and convicted tinder this Act, shall he liable and subject to such punishment us may by any law in force in the |)rovince where he or -I.e shall oc tried, be indicted for such crime or otVence, and such crime or offence may and shall be laid and charged to have been cotnmitted within I he jurisdiction of such court ; and such court may and shall pro- ceed therein to trial, judgment and execution, or other punishment lor such crime or offence, in the siine manner in every respect as if such crime or oU'ence had rtallv been committed within the jurisdiction of such court; nnd sliall also he lawful for the judges and other olliccrs of the said courts to issue sidipcenas and other processes (or enlureill^ the attenLlauce of witnesses on any such trial; and such subp(cnas and other processes thall he as valiil and cll'ectiu\l, and bu in full force and |)ut in cmcu-
.j''4- G tiou
^nm
32 P A P E R S R E L A T I N G T O T H E
lion in any parts of the Indian territories, or other purts of America, out of and not within the liuiitsof the civil government of the United States of America, as hcII as witiiin the limits of either of tlie said provinces of Upper or Lower C'unudu, in rela- tion to the trial of any crimes or oftences by this Act made cognizable in such court, or to the more speedy and effectually bringing any ofleiider or offenders to justice under this Act, as fully and amply as any subpoenas or other processes are within the limits of the jurisdiction of this court, from which any such subpoenas or processes siiall have issued ns aforcsnid ; any act or acts, law or laws, custom, usage, matter or thing to the contrary notwitiistanding.
4th. " Provided always, and be it furtiicr enacted, that if any crime or offence charged and prosecuted under this Act, shall be proved to have been committed by any person vv persons not being a subject or subjects of Mis Majesty, and also witiiili the limits of any colony, scttlemcmt or territory belonging to any European states, the court before wiiich such prosecution shall be had, shall forthwith acquit sucii person or persons not being sucli subject or suljccts as aforesaid of such charge.
."Jth. " Provided nevertheless, that it shall and may be lawful for such court to proceed in the trial of any other person, being a subject or subjects of His Majesty, who shall be charged with the same, or any other offence, notwithstanding such offence shall ap|)ear to have been committed within the limits of any colony, settle- ment or territory, belonging to any European state as aforesaid."
%
No. *;. Copy of a Dispatch from Lieut. General Sir Gordon Drummond, G. C. li.
_._ to the Earl Bathurst, K. G. ; dated Quebec, 2d November 1815: —
Two Inclosures.
My Lord, Castle of St. Louis, Quebec, *id November, 1815.
In my dispatch to your Lordship of the iCth Auyust last, and in the documents which accompanied it, I had the honour of conveyiiii; to your Lordsiiip a detailed view of the situation of the settlement on the Red River, and of the matters in dispute between the persons employed there by the Earl of Selkirk, and the servants of th.e North-West company : And I endeavoured to sliow your Lordship, that it would be both impolitic and impracticable to convey to tfiat distant territory the military • assistance for which Lord Selkirk applied to Mis Majesty's government.
I now inclose to your Lordship, copy of a letter I received from Sir Frederick Robinson (then exercising the government of Upper Canada,) transmitting a statement presented to him by Mr. M'Gillivruy, one of the heads of tiie North-West company ; by wliich documents your Lordship will see tiiat several »)f the settlers of the Red River establishment (to the number and of the description specitied in the inclosed return) Im. ■ ^orsakcn the place, and by the assistance of the Noith-VVest company, have found their way into the up|)er province, where they are now subsisting on the means of government.
Althousili I could not but lament this entire dispersion of the colony whicli Lord Selkirk has been endeavouring to form, yet as it has occurred, ind as the persons who have thus sought refuge within the limits of my authority, were without the irieans of subsistence, I hav; authorized the i.ssue of rations to tliem, for their immediate support, and I have rccouunendcd to Lieut. CJovernor Ciore to grant locations of land, with the usual conditions and advantages, to such of them as siiull be willing and (lualificil to take up land as settlers.
These measures I have been induced to adopt, as well from motives of common humanity as from the consideration, that many of the persons in question are of a description exactly similar to those already sent out from Scotland under the protection of government. Hut at the same lime, the arrangements with respect to tlieni being niiiely of a temporary nature, their final destination nmst b(! determined by tlic instructions of His Majesty's government ; and in tiie mean while the labour of those who shall receive locations will contribute to repay the expense incurred fur their support. I have the honour, &e.
The Right Hon*"* (Signed) Cordon Drummond.
the Earl Uathurst, &c. &c. &c.
i
i
Sir,
HED RIVER SETTLEMENT.
0
}f and not as well as la, in rcla- iuch court, to justice arc within ' processes ge, matter
or offence iniitted by also nitliiii can states, cquit sucli large.
h court to is Majesty, tiding such my, settlc-
I, G. C. U. r 1815:—
T, 1815. documents ) a detailed s in dispute ants of the lat it would ;he military
r Frederick a statement : company ; Icrs ot tlic itietl in tiic s'oith-Wcst y are now
lony which mil as the CIO without ni, for their re to grant ein as siiall
of common stion are of luider tile respect to lictermincd ! tile labour nciured for
'ummoiid.
Sifj ' Kingston, August 22d, 1815. lndosuro
Herewith I have the honour to transmit, for the consideration of your Excellency, in Sir G. Drum a statement submitted to me about ten days ago, by Mr. M'Gillivray, respecting nionds.of » N» a large body of Lord Selkirk's settlers, who have been for the present taken under ^*'""" '^'5- the protection of the North-West. company. My answer to Mr. M'Gillivray was, that it should be submitted to the council. As I am not sufficiently master of this , subject, I shall feel myself much indebted to your Excellency for some information and insight into the cause of these people having been removed, and why that should liuve been the voluntary act of that company.
It is to be regretted, that we had not been consulted before they were put in motion, as it appears at present very like bringing paupers to our door, and leaving them to our mercy.
If those people are likely to become useful settlers, and certainly men who Imvo encountered such hardships and ditliculties it may be cx()ected from, 1 should like to receive and locate them upon the Ridean; their numbers would supply tlie deficiency from Europe, and enable us to complete our present object.
I have the honour to be, &c. His Excellency (Signed) F. P. Robinson, M. Gen'..
Sir Gordon Drummond, &c.
(A true copy.)
(Signed) Robert R. Loring, Secretary.
Sir,
STATEMENT, ^
Relative to the Settlers from the Red River.
In the year 1811, the Earl of Selkirk having obtained from the Hudson's Day company (whereof he is a great stockholder) a grant of a large tract of land in the interior of the continent of North America, and which grant the company assumed the right to make without any sanction from government, or any purchase .from the nations of the country ; his Lordship, with that eargerness for promoting emigration and establishing colonies, which he has so often manifested, immediately circulated advertisements, inviting settlers to emigrate to this new colony, which he lius projected to establish on the banks of the Red River.
These advertisements held out inducements of every description to engage settlers ; fertility of soil, salubrity of climate, freedom from taxes, tythes, and poor rates, were all enumerated among the blessings of this land of promise ; and the real facts of the case wcic caretuUy suppressed, namely, that the proposed colony was situated at the distance uf about 2,000 miles from any Atlantic port, and above hulf that distance from any other settlement whatever ; that the settlers would he totally precluded from communication with the civilized world, and from the possibility of iinding a market, if they slujuld succeed in raising produce for exportation. It was also carefully con- cealed, and contradicted by Lord Selkirk's agents, when asserted by other persons w h(» possessed local knowledge of the country, that the proposed colony was situated in the midst of warlike tribes of Indians, whose jealousy towards the cultivators of hinds is w( 11 known, and who would have a good cause of quarrel against such cultivators taking possession uf their lands, without their consent or authority.
In consequence of these advertisements, and the personal exertions of Lord Selkirk and his agents, successive embarkations of emigrants to the new colony took place in tiic year 1811, 12, and 13 ; some from Ireland, but chiefly from the northern parts of Scodand ; these unfortunate persons, however, soon found they had been cruelly deceived in Uie expectation held out to them, and found themselves disappointed of all the advantages they had hoped to possess. The tirst embarkation took place in i8n, and they arrived at York I'ort, in Hudson's Hay, too late to get into the interior that winter, w hith acccrdiiiiily they were obliged to pass on the shores of the bay, in a state of extreme misery trorn the severity of the cliiiiute, and in danger of uciuiil starvation. In the embarkation of 1812, from the ship being crowded with |)asseii- gers, the jail fever broke out amongst them and carried otf several. In short, tho miseries which these |)oor creatures liad to endure on their passage to Hudson"" Bay, and their voyages in boats at most inclement seasons from tlienec to the lied Uivir, are such as can scarcely be understood, except by persons w ho have soaic knowledge
.'584. "of
liiclosiira
24
PAPERS RELATING T O THE
of till- country tlicy truvcrscil ; niul llicir own dcscriplion of tlitir siifTcrings is siicli HS it i-t tn be hoped woiiiil prevent l.(ir<l Sclivirii, if lie cuuld hear it, fruui bending uny more cnii^^rants on the .same destinuliun.
The first settlers reached the proposed colony in the fall of 181 2; and in llic course of tlic foilowin;* winter tlicy woxM Imvn perished for want of food, but for the assistance which they received from the North-West company's tradinj; posts in their vicinity. Subsequent arrivals took place in the years 1813 and 1814; and the soil of the coimtry beinjj really fertile, 11s far as it is sheltered with woods, they might ulti- mately iiave succeeded in raising grain suHicient for their subsistence, but the mciisures of their leader bcfjan to involve them in quarrels with the natives of tiie cotinlrv, especially the ludf-l.rei'il Indiims, a dariu;, and now a numerous race, sprung from the intercourse of the Canadian voyagers with the Indian women, and who consider themselves the possessors of tiie country una lords of the soil. Their princip.d leader, and Lonl Selkirk's principal anent, was a Mr. IMiles M'Donncll, jhrmerly of this province, who on the 8th January 1814, issued a proclamation eallin;^ himself fjovernor of Assimboine, and a.-suming powers greater than those Visually delegated to governors appointed by the crown, ■ ' ' ' ' •
He told the settlers and the Hudson's Ray company's servants, that tlie colony was erected into a separate and independent jurisdiction, the laws and government of "hich wore both to l)e administered by himself. This could only have been hiolud npoii as an empty boast; but that he proceeded upon the unprecedented authority thus assumed, anil engaged his followers in acts of violence, for Hhich he is now 11 prisoner, on his way to bs triiil in the courts of Lower Canada, 'llie disorders excited in the country by these act.s of violence, the disgust given to the settlers by tlie extensive disadvantages of the country, as well as the violence and tyranny of their leader, and the dread of the natives, Indian and mixed breed, all contributed to break up the colony. Some few of the settlers (about fourteen families) have returned to Hudson's llay, and all the remainder threw tlieujselves upon the com- passion of the N'orth-West company, to obtain the means of conveyance to Canada. Some of tiiem state upon oath, that they left their homes in expectation of coming to Canada at once, and were only told of their actual destination at Stornaway, in the island of Lewis, from whence the embarkation took place ; others state also upon oath, that they were informed the distance from Red River to Canada was short, and tiie communication easy, so that if they did not like that country, they might leave it, anil join their friends in Upper Canada ; and others, that they were to go to Canada by way of the Red River.
Under tlicjc circumstances, partly from compassion towards these poor people, and partly from a dread of the consequences of their remaining in the interior, (because in the event of the Indians attacking them, it was feared that the hatchet once raised, would not discriminate between a settler and a trader, but that all the white men in the country might become its victims,) the North-West company has afforded these settlers a conveyance to this province, and tlie means of subsistence, since they left the Red River. The number brought to Tort William (tiic comjinny's chief post on the shore of Lake Superior) was about 140 souls, probably forty or (itty families (heads of families) and some single men, and the whole of them are now or> tiieir way to York, unless some may have obtairicd employment to their satisfaction about St. Mary's or St. Joseph's. 1
Hopes have certainly been held out to them of <jbtaining lands from the govern- ment of this coinitry, and they are coming down \>itii the hopes of being received as ^cttler3, on the .same footing as if they had come direct from Scotland; but this point rests entirely for the decision of government; the North-Wcst company only pro- mised these |»eople u conveyance to Cciada, and sidjsistence for the journey ; liiis |)romise has been performed, and they are now left to liie clemency and protection uf government, who no doubt will extend to them a losteiiug hand.
(Signed)
Kingston, 1 (A true copy.)
jst 1815./
ri" MGitlkrai/.
15th Augus
Hob' 11
Loving, Sec*.
Tarings is such 111) sciuliiig uny
2; and in tiic acl, but foi- Iho
posts ill their and tiic soil ot' ley might iilti- cnce, but the natives of tlic uuierous race, n women, ;nul 10 soil. Their :3 M'Donncll,
proelamution er than those
Imt the colony government ot" e been loolud iited Huthority L-h he is now ITie disorders lie settlers by 111 tyrnnny of I eontribnteii itmilies) have pon the com- :c to Canndii. of coming to inway, in the ;>te also upon as short, and iif;lit leave it, ;o to Canada
poor people, the interior, t the hatchet
that all the -ompany has
subsistence, e company's forty or (it'ty 1 arc now on • satisfaction
the povcrn- t received as ut this point iiy only pro- )tirni'y ; this J protection
Gil/ifrai/,
RED RIVER SETTLE MENT.v
York, a2d September 1815. A List of Settlers from Red River, arrivftd at Holland River; 6tli September 181 j Donald Gunn, wife and daughter. ^, , Alexander Gunn, and wife.
UlU men- < j^^^^^ M'Donell, wife and two children. Niel M'Kinnon, wife and two boys. Miles Livingston, wife and two children. Angus M'Kay, wife and one child. John Mathieson, d* - - d°. John Mathieson, jun', d°. George Hannernian. d*. (■ .%.- ji'n Andrew M'Bertth, wife and one child* e^.o v'»i »!>...:
William Sutherland, d° - - d°. , .v,:' .w
. V . Angus Gunn, - d' - - tl*' ^- j • - •
■ -' Alexander Honnerman, and wife.
Robert Sutherland, - - d'. r ,r. .
W" Rannerman, - - d'. - ■ . ; James M' Kay, - - - d*.
i ' • fMi-s. Barbara M'Hcath. i"
- Jeannet Sutherland, and two boys. Widows. / - Elizabeth d'. . !. . . ■ I - Christv Hanncrman. ■
I - Jeannet M'Donell. '
; ^; ' Young Women, unmarried. • '•
»h
-I *'M,
Jane Gray. Eliz'" Gray. E. Bannerman. E. Gunn. Jannet Sutherland.
Isabella M'Kinnon. - - - M'Kinnon. Cath' M'Donell. Eliz'" M'Kay.
Young Men, not married.
John Murray. Alex' Murray. W" Gunn. Hugh Raimerman. Hector M'Leod. George Gunn. Cha' M'Beatii.
Angus Sutherland. Thomas Sutherland. Alex' Matheison. John M'Pherson. Rob' Gunn. Geo. Sutherland,
N. B. The young people capable of labour, nre generally employed between York and Newmarket. The old people are stationed at Newmarket for the present,* «ouic of the settlers having gone to Montreal, one not included in this list.
(A true copy.)
/r* Gibson.
(Signed) D. M'Lean.
Agent for tlie N.W. Company.
Copy of a Dispatch from Lieut. General Sir Gordon Drummond, G. C. B. to" the Karl Bathurst, K. G.; dated Quebec, 6th December 1815 : — Two Inclosuics.
My Lord, Castle of St. Lewis, Quebec, 6th Dec. 1815.
Herewith I have the honour to transmit to your Lordship various documents relative to the dis()ersion of the colony established by the Earl of Selkirk at Red River.
To account for my again addressing your Lordship on this subject, after so full * communication as that which I had the honour to make on the ad of November, I beg leave to observe, that Earl Selkirk shortly after his arrival in this country, presented the letter and statement, of which copies are herewith enclosed.
584. H Hi|
No. 4.
WPiP
aaa
a6
TAPERS RELATING TO THE
I lis Lortlsliip at the smiiie tiuie in person urged uie to send a military force to tliu Red River.
Altliouf^h nothin|{ was adduced by the Earl, which could possibly mnko a chanjic in tlie sentiments wiiirh I had already felt it my duty to convey to your Lordship, on the in)practicability of the measure, yet anxious to afford every satisfaction in ti.e question, and at once to convince still further both His Majesty's Government and the Eurl Selkirk liimself, that the object, if at all attainable, could not be accomplished without the most serious detriment to His Majesty's service, I called upon Ihc Commissary General to furnish mc with oil information on tlie subject, jiidpu}; from the known abilities and ex|Kricnce of Mr. Robinson, that no person could be so well qualified as himself to afford it, frci' from interest or bias: the propriety of culling upon this officer was more particularly obvious, as upon him rested the execution of any orders that might be given for the establishment of a military force in that quarter.
The Report ond ^femoranda of the Commissary General I have now the honour to forward, by which your Lordship will at once see that the object contemplated by the Earl of Selkirk can in no reasonable possibility be effected.
I likewise beg leave to forward tlic copy of a letter, with two accompanying ocumcnts, which I have received from the Honourable Wm. M'Gillivray, on the part of the North-West company, which body I thought fit to direct to be informed of the circumstance of Lord Selkirk's havini; presented mc with the statement drawn p by Mr. M'Donnell, in order that an opportunity might be afforded them of furnish- ing any rcjdy they might have to make.
This step I judged proper, to prevent the necessity of any reference being made from ho:jie, in consequence of the consideration of Lord Selkirk's correspondence on the subject.
During an interview with his liOrdship. I was made acquainted by him of his intention of proceeding in the Spring to Red River ; and some apprehension being entertained by his Lordship for his personal safety, in the performance of this under- taking, I did not hesitate to accede to his request of being permitted to take with him as an ( scort, at his own cluKge and expense, any officer with five or six soldiers, who might he found ready to volunteer their services in accompanying his Lordship during this truly laborious route.
I at the same time expressed to tlie Earl, my very great regret at not finding it in my power more fully to meet his wishes.
I trust that on a review of the causes which render it impracticable to detach and etntion a force at lied River, your Lordship will see grotuids to be in every respect eatisticd, that in hitherio declining the attempt, I have f>een guided by the conviction and judgment, wliicli 1 feel confidcut will be foimd best calculated to preserve the interests of His Majesty's Government in that portion of his dominions conuuittcd to n)y charge.
I liavc. Sec. %
The Eail Bathurst, K. (j. (Signed) Cordon Drumwom/. \
&c. 8ic. &c.
*:.
Iiidosure
in Sir C>. Urum- niiind'!', of (i L)e- ctuibei itiin.
Sir, Montreal, nth November 1815.
Previously to my departure from Englond, I had received from Messrs. Muitland, Gordon & Aiddjo, copies of tlic comnmnications which they hud in the month of Juncliistwhh the Deputy Adjutant General, relative tu my application for protection to the settlers of Red Uiver; and since my arrival iierc I have seen another letter, addressed to them on the same subject on the ijib.Inly. It appears to me that they have misappieheuded this letter, which 1 conceive to have baen meant as • communication of the allegations of .Mr. M'Ciillivray, to whicli it was necessary tlmtu.'Utisfactorv answer should be given bel'ore your Excellency could comply with our re(|uest. It is im|»ossibie lor mc to sujiposc that it could be intended to give a decided negative without further inquiry ; and that a dcterniination to aHord no protection to these settlers could be taken upon the mere ex parte statement of those from whom the <langer was apprehended. I regret, that Irom this mistake, Messrs. Maitland, Cordon & Auldjo ouiitted to give your Excellency, at an earlier dale, those further
explanations
TIED RIVER SETTLEMENT.
37
force 10 tlic
kc n chanpc .ordship, on ctioi) in ti.e rnnicnt nn«l ccomplislifti :cl upon llic iidjiing from :ould be so propriety of 1 rcste(l the nilitary force
the lionour cniplutcd by
;coinpanying 'ray, on the be informed ;ment drawn n of fumisli-
being made pondcnce on
' him of his cnsion being f this undcr- akc witli iiiin soldiers, who Jbhip during
finding it in
detach and very respect ic conviction preserve the
committed
lummoml. \
>ur 1815.
Maitlund,
month of |r protection utlic; letter,
to me tliut ti meant as Is necessary Ipiy with our |e u decided liotection to |frum whom
Maitlund,
liosc further
^plauations
explanations wliicii they could have furnislicd. I am satisfied, however, that before that time it was too late to do any thing for the present season ; for, in fact, before the communications from Earl Bathurst on this nuhject appear to have reached Quebec, the machinations which excited my apprehensions had been completely carried into efl'ect. \ beg leave to lay before your Excellency a narratiftn of the occurrences at the settlement on Red lliver up to June 15th, drawn up by Mi|e& McDonnell, Esq. a gentleman of unqncstionable honour and veracity. And I cannot entertain a doubt, that upon a perusal of this document, your Excellency will be satisfied of the urgent necessity of that protection, for which I applied to Earl Pathurst in February last, and that you will see the propriety of taking measures without delay ; so that on the first opening of the navigation next Spring, a force may be sent up sufficient to prevent the renewal of similar acts of violence. As the narrative which I inclose embraces a variety of circumstances which arc not immediately relevant to the points in question, your Excellency will permit me to direct your attention particularly to the 30th, 31st, 32d, 33d and ;Jfith parngraphs; from winch you will observe, that in the beginning of June last a bodv of armed men, under the influence of the North-^Vest company, issuing from their fortifications, and commanded by persons actually in their employment, made a violent attack upon the settlement which had been formed upon my lands at Red River, that they not only fired upon myservants, wounded several of them; and besiege' Mr. M'Donnell in his house, but also seized unoffending settlers, who were peaceably engaged in the cultivation of their farms, carried tliem away by force, so os to prevent their tilling the ground at that most important season of the year, destroyed the crops which had already been planted, killed or drove away their cattle, burned their houses, and destroyed all the improvements which had been effected by their industry.
Your Excellency will also observe, from the 35th, 39th and 41st paragraphs, that after Mr. M°Donnell, unable to resist the superior force of his antagonists, had surrendered himself a prisoner, the remaining settlers were compelled by the North-West company to quit their settlement, and fly lur protection to the factories of the Hudson's liay company on the sea coast.
I can well believe, that there arc individuals among the leading partners of the North-West company, whose character and principles are too honourable to allow them to be concerned in such nefarious proceedv<igs ; and I have no doubt that the company at large will attempt to deny all participation in these outrages, and to ascribe them to the spontaneous movement of the individuals immediately concerned. Of the validity of this vindication it will be for a court uf justice to decide. I3ut tho necessity of a military force to repress such violence in future, must be equally evident, whether the North-West company succeed in exculpating themselves or not. Even if the outrages which have taken place should prove to have been the wanton act of the [icrsons immediately engaged in them, and prompted by no higher influence, it would surely be most disgraceful to the IJritish government if these lawless ruffians should be sufl'ered to make o|)en war upon their fellow-subjects, to drive them away from their peaceful and lawful occupations, and deprive them of their rightful propertj-, and their means of subsistence. Your Excellency will observe, from the a9th ami and 40th paragraphs, that these outrages were not committed by any of the Iniiiuu natives, but by Canadians, mixed with the bastard .sons of others, who have thrown oft' the restraints of regular society, and cohabiting « ith Indian squaws, have formed a combination of the vices of civilized and savage life. These vagrants came originally into the country as servants to the fur traders ; many of them are still in their immediate employment ; and those who have been discharged remain in a state of dependence on tlie North-West company. The real Indian natives took no part against the colonists, but on the contrary were disposed to assist them. With respect to the conduct of Mr. Miles M'Donnell, 1 beg leave to observe, that this gentleman is not to be considered (as Mr. M'Gilhvray seems to insinuate) merely as the agent of nil individual or a chartered body. He was governor of the district, deriving his o.;dioi ity from the crown, through the medium of those to whoni the appointment is delegated by a royal charter ; by which also the powers of civil and criminal jurisdiction are conferred. And as there is no other judicature to try the crimes which may be committed in that district, or the questions which may arise there between man and man, it was by no means from a wanton dis|)osition to assume authority, that Mr. M'Donnell was induced to exercise the powers with which he was invested. .*' to the proceedings which Mr. M'Gillivray calls in question as illegal, I have no doubt that when the matter is fully investigated, the conduct of governor M'Uonnell
58 1. will
St
PAPERS RELATING TO THE
li
Tnrlfniir*
{') in Sir (i. Dnim- iiKind's, of (i Dc- c«uiber i8js.
will be justified ; but it is unnecessary nt present to enle. ^t lar^c upon tiiis subject, because, even it' he had been wrung, that could not justify the North-Wcst company in taking redress at their own hands, still less in such a tissue of outrageous conduct towards persons who were in no degree concerned in the acts wiiich they complained of. And here I maybe allowed to observe, that wlien the dangers to which the settlers might be exposed, arc ascril)ed by Mr. M'Gillivray to the demeanour ot' Mr. M<Dunnell towards tiie servants of the North-West company, such a pretext cannot very easily be reconciled to the ullei;Htiun, that the violence which has taken place was m no degree instigated by any gentleman coimectcd with that company.
Before I quit this subject, I would only beg leave to observe, that if Governor M'Donnell had acted illegally or improperly, tliu plain course for obtuining redress was, for the persons aggrieved to cou)plain to the Privy Council. If the Norlh-West company had been diispuscd to try the qMcstiuii fairly, their complaint might have been brought forward in London uiorc than 1 .2 U)onth9 ago ; and if they had any contidence in the justice of their own cause, it is not easy to explain why a set of gentlemen of so much ability and knowledge of business should have declined to act in this regular mode, and should huvc preferred such a violent and unheard of pro- ceeding, as that of arresting the governor of the district within his own bounds, and carrj'ing him ofTby virtue of a warrant from a justice of peace in anotlur jurisdic- tion, and that too for an act which, if it was illegal, was no more than a civil trespass, or at the very utmost, a bailable oflfencc. For this strange line of conduct I can imagine only one reason, viz. that in the infnnt colony under the command of Mr. M'Donnell, there was no other person capable of managing the undertaking, and that if he could be unexpectedly carried ol^', no doubt couid be entertained, that the settlement might be easily broken up. But it would not have served this purpose to call upon Mr. M'Donnell to answer for his conduct before the Privy Council, since on his being ordered home, there would have been time to have sent out a competent' person to fill his place.
Be this as it may, the conduct of Mr. M Donnell, or any recriminations between him and the gentlemen of the North-West company, can in no degree affect the main question, wiiich your Excellency has to determine, viz. as to the necessity of military protection, to prevent the recurrence of such acts of violence as were per-^ petrated last Summer at Red River.
If as to this point, any doubt can still remain upon your Excellenry's mind, I trust that it must be removed, upon a consideration of the present condition of the |K>ople who have been driven away from the settlement. Though the North- West company succeeded in seducing a majority of the settlers to (lesert their engagements ami tvithdraw to Upper Canada, yet a considerable pro|>urtion of them remained steady; and retired with their remaining officers towards S'ork factory on Hudson's Bay; where I understood it was their intention to remain till they should be enabled to return to Red River. Some other |ieople, who on the invitation of their friends at that settlement, embarked from Scotland a few months ago, will also l)e obliged to remain near the facto • 'Ihcse two bodies of people will amount to nearly i .50 persons, men, women, and children, who are forced to remain in a situaiion comparatively very inhospitable, where little or no preparation can have l)een niiule for their recep- tion, and wlitre tliey must be supported at an enormous expense till they are enHbled to rcsumi it cultivution of their own lands, under the safeguard of the public force.
1 have, &C.
His Excellency Sir G. Drummond, (Signed) Selkirk.
&c. kc. &c. ' '
A Sketch of the Conduct of the North-Wcst Company towards Red River Settlement, from September 1814 to June 181;, inclusive.
1. I arrived at the settlement, from the toast of Iludson'.s Bny, October if)th. — The arrangement concluded with the proprietors of the North-Wiht compiiuy in June last, for provisions for the ensuing winter, and the udv;uitiiurs we expected to derive mutually from the prospect of a friecdiy intercourse willi eiuh other, appeared to be at un end. 1 was the more surprised ut this, as Mr. Dimcnn Cameron, who wus sent l)y his associates to manage tiie affairs of the departnu nt, was one of the proprietors who bud made the arrangement with me for the provisions. Fortunately for us and Uicmselves, Lord Selkirk i)rudently kept btuk the people who wished to emigrate, until accounts should reach home, that we were ready to receive them, per- mitting only about 1 [, persons to come out by the ships, chiefly tradesmen.
U(i. Mr. John
RED RIVER SETT L i: M £ N J'.
•9
2ii. Mr. John Spciiccr, our Slicriti", was nrrtstcd by a uarrant from A. N. M'Lcod, Es(|., a juslici! ol' pence for the Indian territory and one of the agents of the North- West company, and was curried away a prisoner.
6th September. Bail was ofl'ercd by the gentlemen and people of the colony tonny nmount for his appearance at Tort VViiliam or Montreal, or even to he kept u pri- soner at the Nortii-West company's fort till I should arrive nt the settlenieiit ; but all was n'jected by Mr. Cameron, who sent oft' a canoe with iiim towards Fort William. Tlie people would have rescued him when passiuj^ the settlement, and assembled for the purpose ; but the gentlemen discountenanced the piojret.
;>. All the fat seized along with the other jirovisions, was left at flrandon House. wiiich had been put in possession of the N«)rth-We8t company for the |)iirposp of bringini; it down, and deliverinj» it to us at the Forks, as I had lent them the quantity they required for the trade, out of our store; Mr. John Wills and .1. Dugald Cameron, two of their proprietors, havintr pledged themselves particularly to have it broiij^ht down and delivered to us at the settlement. Indeed all the partners pledged themselves in the same way at the time the arraniiement took place. Finding that this had not been done, Mr. Cameron was applied to the day after my arrival. For some time he evaded to give a direct answer, saying that it was not convenient at that season for the want of men. This was waved by our offering to bring it down our- selves, upon which he was obliged to give a positive refusal to let us have it. Thi-s was a great disappointment, having reckoned much on this article for the support of the people through the winter,
4. Mr. Duncan Cameron arrived in Red River, sporting a suit of military uni- form, gave hiuiself out as a captain in His Majesty's service, and acting by the King's authority fiom Sir Cicorge I'revost. livery well-informed person looked upon tills as a self-created appointment, at most a North-West trick ; but it bad a very considerable elllct upon the lower ':!ass of people. Captain Cameron had subordi- nate olllecrs, Lieutenant Alexander M'Donnell an«l Ensign Seraphim Lamar. It is said that last Spring, the North- West clerk, Ciithberl CJrant, was appointed to be a captain over the half breeds, William Shaw, lieutenant, and Peter Pangman Liostonois, ensign. It appears that the ollicers are still getting commissions in the voyageur corps, although that corps has been disbanded by Sir George Prevost's general order of 1st -March 1815. All the North-West gentlemen have returned inland this year Miih military appointments, swords and uniforms.
5. Mr. Cameron began early to use every insidious means to create dissatisfaction an)ong our people, 'io the tradesmen and other servants was held out the alluring temptation ot' the great wages they might get in the Canadas, with offers to bring theuj there free of expense. Agents were employed, and a commimication opened w ith our people at Fort Daer ; every man was sounded ; wc had no idea, for a length t)f time of the extent of the mischici".
6. 'Ilie emigrants that arrived last from Snthcrlandshirc, after seeing the country, and l)cing put in possession of tlieir different allotments of land, were so pleased with the rtattering pros|)ect before them, that they wrote home to their friends, inviting them in the most pressing terms to come to join them. Since their intercourse witii .Mr. Cameron, tiie tranquillity and happiness of these peo|)le have Ixen intcrrii|)te(l by the most insiunative and delusive arts of which he is capable. They are asked to the \oith-A\'cst fort, where they arc addressed by him in-their own language, treated "ilh a dram, and perhaps to sit at table with him; he affects to sympathize with tliein, for having eome to a new and wild country ; reflections on the distiuguisiied nobleman who sent them, and the |)ersons having charge of thetn here, are not :,p«red. He dwells on the dangers they must inevitably be exposed to from the natives, whom he represents so full of cruelty and treachery, as to come at night unprovoked to cut; lh( ir throats, and that they arc only restrained from such acts of violence by the iiiflueiiee he has over thorn. He then expatiates on the beauty and wealth of the Canailas, oilers to bring them there at the expense of the North- West company^ and to give them lands, with cattle and implcmejits of husbandry, gratis. Tiiey were also led to believe, that they could never get out of the country unless they eiiihraced the offers tiien made to them, liy such plausible discourse have these pco|)le been misled, who know no better.
7. Ily the arrangement which Mr. Cameron and the other proprietors had niadc!
villi me, they were to assist in feeding tlie colonists in the course of the ensuing
'>^^' I whitei"
$•
PAPERS R E L A T I N G T O T II V.
winlor, «nil were to rtirnisli ua with frcsli biifluloc or olliir meat, to the niiiount of or er|iiul tu 175 L■i^9 of pcnicaii, which I huii t>iv('ti tlict luck of tlie provision:! seized, on lliis express condition. Instead of coinpl)in(» with this, Mr. Cameron toii>adc the freemen to furnish lu with any meat ; nnd wiien ne sent to those uiiu owed <lchts to llie settlement to mnl<c piiynent, Ik^ toulc care to be before-hand witli us, sent his interpreters before us to ff:i all these people hud from them.
8. It was deemed a measure benefuiul to the country, which would facilitate la Roneiiil the procuring of provisions, that certain free Cnnmliuns nnd hulf-brceds, their children by Indian women, who made a praclico of Imnting the butVuloe at ull seasons, pjiould be restricted. The North-West gentlemen wiio passed the Sunnner in our vicinity, Messrs. Wills, J. Dugald Cameron, and Scrnpliim Lamar, encouraged me to givo out an order u^ninstthis practice, which I did bctorc I left the settlement to go to York Tort. The people in "cneral were well pleased with the restriction, ns only a few of these bad hunting hordes, about five or six, the chief of whom was iicuulino, the N«)rth-\Vcst hunter. This order remained on Iho North-West gates, at the Forks nnd l]run«ion House, till taken down by the orders of Mr. Cameron. After his arrival, he informed the fix-e Canadians and tiioir children, that they should not be restricted in any way. In contradiction to this, he was heard to declare early in the Fall, tliat it was formerly no crime in the freemen to hunt for the colony, but that he would take good care they should not do so in future. These free Canadians were formerly in the service of the Norlli-W'est company, and on becoming burtliened with families and infirm, ot)taitied permission to remain in the country, on condition of nivin^ all the furs and provisions to tlie North-West company. They and their children stiuul much in awe of the Xortii-West traders, who assume a right to their services whenever they choose to cull on them, and thi( at n to ti.ke them to Canada if they disobey. These threats have often been put in execution; and men that served the concern the best part of their lives, have been separated from their families for taking advantage of a better price fur their labour, than what the North-West company would give them.
9. Repeated accounts reached us from our people at Fort Daer (Pembina,) that the cattle were driven from our hunters by Ucaulino the North- West hunter, and others, running them on horseback, on which account they were not getting mucli meat Our people at Turtle Hiver, and Mr. M'Leod the Hudson's Hay trader there, made repeated comjilaints of the same nature ; that our luiiiters could not kill a sufficiency of cattle ; that when they would be ernwling on their bellies after a herd of buft'aloe on the snow, a party of liorsemen would come before them and diivc away the herd ; that my immediate interference wi»s required, or the consequences would be serious. The natives also complained of this mode of huntin;^, as they haci not horses, and their fe<ir of the Sioux would not admit of their pursuing after the cattle far. It appeared that the North- West were determined to counteract us in every way ; their hunter Heaulino, who always kept 1 o or 1 2 horses for running cattle,, was the piincipal aggrosor.
10. About the loih .faniiary, I left the settlement, reached Fort Dacr, nnd from thence Turtle River. Mr. M' Lean and some other settlers uccompanietl me, going to gel ujeut for themscKcs. I left orders with Mr. Archibald M' Donald, to hcnd after us as many of the settlers as lie should find most fit to go, to relieve the con- sumption of provisions in store : hut these people, chiefly advised with Mr. Cameron, with «hom they had now a constant intercourse; he of course advised them against going, to distress us the more, and cunsefjuently but few of them went.
1 1 . I sent round from Turtle River to certain free (Janadiuns indebted to the colony, to make payment of tiieir debts. Mr. Cu(ncron was before-liand with me, having sent couriers among them to get ull they had, and circulate malicious reports that i intended to take their provisions by force, seize on ull tiieir horses, &c. iS:c. ; even some of our own men helped to spread such reports. The more steady pail of tlie free Canadians, gave no credit to such reports; liut many did ; and a number of them foriued a camp along witli 10 or 1 i of liie North-West coini)any's servants, the whole headed by one of Mr. Cameron's interpreters, Peter Pangman liostonois.
12. In the mean time, to procure a stock of meat, I employed from 20 to 30 Indians to kill cattle for us, and their women to dry the meat. The free Canadians nnd tiieir hulf-hreed children, were always very kind and attentive to our people when they met each other in the plains ; they appeared to have changed tiieir line of conduct this winter, particularly those of them who were attached to the North- West
RED II I V E R SETTLEMENT.
S»
facilitate in breeds, their t all seusunii, Hirer in our :()iirane<i nio ictticiDcnt to istriclion, rs
whom was A\'est gates, r. Cuincroii. they siiouid Jeclarc early colony, but 3 Canadians g burtliencd m condition !y and their ij^ht to their I to Canada id men tlint leir t ami lies North- West
ibina,) that junter, and Jtting inucli ruder there,
not kill R iter a lierd
and diivc nsequeiiccs IS they i)aU ij after the :ract us in ning cattle,,
ed to tiic with me,
us re|)orls &.C. S.C. ;
dy part of 1 number servants,
jstonuis.
20 to 30 anudiuns iir people their line C Nurtli- Wcbt
West company, who now altvnys showed u disposition to quarrel with our |)eo|)le, wlio since the bcginniii}! of this winter had many wrangles together. Jolin O'Kourke nud James Pinknian, were assaulted in tho cauip. Ikuulinn took a dofi from O'Uourkc, for which they fought; when Beanlino colled for his knife to stab him, nnd one Mistouche pointed a gun at O'Rourke's head to shoot him. Old Deschamp* drew iiis knife on James Pinknian, and called to the others in camp to join in tlu^ attack ; my people made complaints to me of these matters. The la:.t alfray I wns intliiicd to investigate, nnd wrote for those concerned, to come in to see nic, wishing to get a reconciliation made between them and our people ; it was ncctssary that our men should obtain .^omc redress. I sent ^fr. M'lxod with a letter to the camp, us a person that could speak to the free Cnnudians, and went myself with a party of oin- men to Hat Point, where our Indian hunters were encamped, ubout two leagues from the cnmp of the freemen. IVom the unsettled state of the people in the plain!<, nnd also the Sioux being in the vicinity, I brought up arms from Fort Daer to rtirtle Kiver, for my people; nnd when goiiv' out to Uat Point, each man was furnisheil witli a musket, and six rounds of ammtmitiun. Donald APKinnonand Donald M' Donald, refused to take arms, went to the camp of the freemen, and made a great deal of miscliicf by their reports. The Indians were well pleased to see 10 or I J of my people arrive at that |)oint well armed, to join them, as they said, against the Sioux, who had lately killed nine or ten Saultaux near the place. They were preparing a xi'ar house, fur their defence, and requested our men to assist in making it.
I.J. Instead of paying attention to Mr. M'lxjod's mission, he was made a prisoner in the camp, and some others of our men who happened to go that way, were kept ; they had tive or six of Ihem. A messenger came for me to go in person to tlte camp, as they said they would not treat with any other. I agreed to go, but owing to a private intimatiun from Mr. M' Lcod, did not go. I requested of them to send two or three to meet me two miles from the camp ; but after I went there, none of them came. I learned afterwards from Mr. M° I.eod, that it was their intention to make a prisoner of mc, bad I gone ; that they debated about killing him and me, and afterwards to surprise Fort Daer and take possession of it, march from thence to the settlement, destroy all those who should oppose them, possess themselves of the colonial stores, and |)ut an end at once to the colony; tiicy were then to establish a free colony themselves, by assembling all the half-breeds together, and nominate one to be their commander ; that Mr. Duncan Cameron offered to be their chief, but Ihey preferred IJostonois, as being one of themselves. My not going to their camp, owing to the intimation I received, prevented, perhaps, the project against the colony from being attempted at that time. Mr. M" Leod was liberated 14th February, after being their prisoner six days ; and next day we returned to Turtle River ; 1 staid there some days afterwards, and could only get two or three of the camp men to come near me.
14- Having procured a stock of dried nicnt from the Indians, I returned early in March to Fort Daer; Mr. Archibald M' Donald had now prevailed on a parcel of the new .settlers to come up for provisions, which had they done a month sooner abundance might have been got. I lost tiie greater part of a full stage of meat, for want of hands to take it away, being obliged to keep my peonle near me while atRat Point. Tlic hunteis had now ceased to hunt ; the Sioux were reported near, and the cattle were scarce; no more meat could be procured, the season buini' so far ailvunced. ^
ir.. Pe(er Pangman Rostonois, after going to the Forks from the assembled cami)? up to Pembina, I had him arrested on the complaint of Mr. M'Leod. After tiiis, Mr. J. Wunen was going on with three men to Turtle River for provisions, were met about the 18th March, within throe hours walk of Turtle River, by Mr. Cutid)ert (.M-ant, a clerk in the service of the North- West company, and twenty-seven armed men; they presented their pieces at him, made him and his'mcn prisoners, and bron^lit them to Pembina. The party had increased on the way to thirty- four men, ''as i\Ir. Grant pressed into the service every man he met; the party was composed of North- West Company's servants, free Canadians and half breeds. Their object which I afterwards learned, was to rescue Hostonois nnd take mc. To get "Mr.' Warren and the other men from them, I liberated Rostonois, taking bail for him'. Mr. Warren and the men bad been prisoners for four or live days. "Grant's party rame to see mc in the evening, 22d March ; wo talked over the disagreeable aHliirs .thiitoccuried in their camp: I promised tlicni that tlie past should be forgot that •>^'^' " 'non*
5f
r-i
3i P A P E R S U R I- A T 1 N (i T O T 11 V.
none ofllifin ulionUI lie tnnKstdl luiy iiiorr onnccoiint ol llic p:i t, iind ilmt wv '^liould he lit |it ncc togctliri'. AlttT >ittin^ aoiiu- tunc in tlic iixiin tilkini; over ullii'irs, they piirtrii troiu mu a|i|>ui'ci)lly v'lll pUuiMcd : liftoic tlicy ciinic over tlicy i'('|H'atc(l aiitontt tlicnistlvts, " tiiisons lii piiix— laiMins In |mix." 1 Imvc uo rtusoii to Hiipposc that liiry iiH-UDt tu ){ive im uny tnrlhiM distiii Imiue.
l(i. Aliout tliw time I Irarnrd timt six «)f llic I'li'^li-h scltliTs that cnnic out last of nil, hiid dc'Hcrtrd from Turtle llivcr. Mr. Kfiinidy, the Ni»:th-\Vcst company h tiadfi tlim", lind l>y orders Irom Mr. t'umcron, tiiriusiicd them with provisions and nn Imlian i;iiide tu I.coch Like.
17. 1 Kceivcd rc|)eotcd intcllincnce from Mr. ,\rchibiild AI'Donnld, of tiic sctller.t h('ini( ill II very turbulent stale lidow, mid hit loit Datr early in April to );o to the I'urkb. On the mornmii; of the (>th I met two of our nun, John Ari.*;tui and Martin .fordun, who were >eiu to iieipiainl mc with tiie state of artiiirn ot the settle- ment, that all the settlers hud fpiw tu the Nortli-We^t furt uitli their fumilics and hiL'L'a^e, mid that on Monday la^t, .{d iiiMtaiit, while paitiis u( them kept the ^enllemen prisoners in tlit>ir rooni!*, tiihers of them tiittred the store, where onr arlillrry pieces lay dismounted, took all away by orders of Mr. Cameron, who was near himself with a jiarty lo rcceisc them, and curried them to the North- West fort. Thut two davN alterwuids, ,5th instant, about tbity or tlfty armed men had f{one in the night, by orders liom Mr. Cameron, broLe the doors of our main hou»c, entered with swords and |iistols, and re!<('(ieil one of our .'-eivunts, Donald M Khmun, who was coiiliiuii lor beiii^ one of tliose who Ciiiried away tlie artillery. Mr. Cuthheit (irimf, W'illiiim Shuwj Cicoi;;e Cumpb«;ll, bfc settler, und Dos-tonois, were nt the head of this piiiiv.
18. M' I, ciiii and Jordan furllier informed us, that Mr. Cameron for some time back had pailies of armed men placed nt tlie ditrurent roads, watehinn; day and ni>;lit to take me, und iiaviii^ despaired of my noinj; down, intended to have gone himself to surprize me at l'(nt Duer ; that for some time back all persons beloni;ing to us, f;oinj; np or down, had been stopped and detained at the North-M'est fort, so tiiat no iiiti llijicnct could reach mc of what was goinj; forward ; but that two of my men liad found menus to pass by the plains, mid were on their wny to Fort J)acr, to ac- quaint ine, that Cameron allowed them (M'Lenn and .lordan) to puss last ni{;ht, lmvin!» been led to l)elieve that they had maile up their minds to go off along with the other sctllers, and wished to prevail on sonic of their fiit nds at I'ort Daer and Turtle River to Join them. 'I'liat Mr. Cameron having leimicd the departure of the two men who had gone by the plains, had put olV his intended allaik (>ii me nt Imii t Daer, knowing tlmt I should be prepareil ; they ad\ibcd 113 to return, as iln-y thought we could not pass the North- West fort with safely.
i(). 'ihu iiilclligcnre of these n)en was further confirmed to us in the evening, by the arrival of Mr. White and another iiinn, whom our senlry obseived pa-sing up the Kiver; they were also on their route to I'ort Daer. Our party was now ten or twelve slroni:, und we passed the North-West fort at day-light on the morning of tiic 7th Api:l.
■JO. Mr. M'T^an and fam'ly had rnnovt'i from his house to one of our out-houses ibr protection, us violence hud liten t/tVercii (o his [lersoii luul that of .Mrs. M'Lean, und more was threatened, so that they rlid not think themselves safe ot their own liniise. There were only two or three families left of our .settlers, who had not gone 10 the North-West : tiiC lamilies who deserted had ehielly gone to Winipic Kivc r. Alniist all the men remaineil at the furt, and it was given out that they iiud some tiiilher iiiiseiiicf in view.
2\. A day or two after my arrival, we apprehended n Nortli-A\'est clerk, -Mr. William Shaw, for being one of the parly that broke the doors of the goveriiiiieiit house, on the iiii;iit of the ."Jth April ; a purly of the settlers was along with him when tdken, who attempted to rescue him, which produced an ullVay between them und bur people in the night, but the settlers \'.erc beat oil".
22. 'Jlic Noith-West |)arly, with the accession of the settlers, being now ntimeroiis, itiid oiiis hut fc», we were eonliiiuully ihreateiied to be attacked ; Ihey fiefiuently sijewed themselves in a body under arms, with buyonets lixed ; we buii olten to turn out in the night, by our sentry giving the alarm on seeing parties approach.
2.3. The arrival of Mr. I'ritchard, iGlh .'\|)ril, from Canada, by Hudson's Hay, assibted to Keep up the spirits of our pcojile for sometime; but their gtiieral
(kfeelioii,
R K D RIVER SETTLEMENT.
33
ottlic sctllen
I to ^o to the
M'lxiiii Hiid
ot Itu- scttle-
tuiiiilics niid
fin kept the
L', hIiiic our
un, wliu >\ti.s
til- West loit.
I liiul (Tone ill
OllftC, L'llllTcd
Kinnon, tilio Mr. Cullilttit e nt the licuii
eveninp, hv
jiii-hinK "i»
s now ten or
iDoniing of
r oiit-hoiifos IS. M'Lcai), t tliiir o«n 11(1 not ^onc iiijiii; Ivivi r. y had some
West cicik, ;;ov(.Tiiiii('iit ii liiin vihvn :ii tlicm und
»■ niinu'ioiis, y I'lcqiiciitly ttcn tu turn h.
(Ison'.s Iliiv,
cir general
deiecliuii.
defection, from the great encouragcinent licid uut to thcni in Canada could not be overcome.
24. Wc had almost daily cnmmunication with Afr. Cameron hy writing. A Mr. Sevcrijiht came to olfer himwlfan buil fur Mr Slmv\ h npiiearaiice, when called for, to which I wua inclined to accede, having no rcffulm place of confincnient. Sevc- right came a itecond time un this errand, and after wniting some time, sent nic word that he wished to see mo ; and while addn'ssing him, u fellow touched me on the nhoiilder, and showed a warrant against me from the Nortli-West cumpiiny's iiscnt, M°Leod, fur a breach of the peace, to up|)ear JH'foru him at Fort William. Cun- ceiving that n governor cuuld not be legally taken from his guvrriunent iu such a manner, I would not submit, und confined the fellow ; but afler an hour or two rt> leased him. Mr. Slmw was admitted to bail.
a/). Early in May, Mr. Michael M'Donnell, coming with the people from Fort Dacr, Hits met on the way by a party of the North-West, who made him a prisoner, and brought him to the North- West fort for a breach of tlie peace. I olVeretl l)nil for him, but none would be taken. He was permitted tu come down on his parole to see us, when he entered into a rccognizuncc bcturc me, as diii alsu Mr. U'urren, who was included in the same WRrrant, copies b( which I sent to Mr. Cameron, I)UC he would not mind them ; he said tlint ^lr. M'Donnell could not be liberated i thu plan was to take away every one from the scttluincnt.
2t». The people, from their dirteicnt outposts, were now coming Into the Norlh- West ; also tiic free Canadians und half-breeds ; none of these were permitted to come near us, on any account whatever. I granted a search warrant for some of the property taken from us, which wc knew to be in the North- West fort, but Mr. Cameron would not permit the execution of it, though he acknuwiedtied the pro- perty to be there ; nor would he allow any delinquent to be taken from his fort.
37, Many of our servants and others were now deserting to the North- Wc.it fort ; reports were continually circulated among them, that the Indians would destroy thcin, und that the Crees were certainly coming from Qui Appolle for that purpose. Suiiie of the women of the settlers were gciieruliy sent to circulate these reports among our people, which induced many to desert for safety.
■iS, Mr. Alexander M'Donnell came from Qui Appelle shortly aAerwards, and brought with him a party of Crees. This gentleman, previoii.s tu leaving Qui Appelle, caused three of our men to desert from Mr. M'Kay on the 15th April, and join himself.
2(). The Crees were kept within the North-V/^cst fort, and prevented from coming neur us ; but the Saultaux chiefs, assembled for our protection, infurmed us, that they would not do any mischief; that they had been promised rewards for coming down. This they nfterwards confirmed tliemselves, and said, thut they did not get what wns promised them. They came after some time in a body to see iiie, and spuke very sensibly. After a fortnight's stay, during which time they were scarcely allowed to go outside of the North- West fort, they returned home. While they remained, ten or twelve of our horses were shot dead with arrows, but we did nut suppose it tu be dune by the Crees.
30. The North- West were now getting to be numerous ; people flocked tu them from ail parts; a party arrived even fruni the Saskutchewnu. 'Ihey nuw gave uut tliut I must be taken, ilcad or alive, and formed u camp three miles below us, ut the Frog Plain, of which Mr. Alexander M'Donnell, as Cameron's lieutenant, had the com- mand. This party drove away the whole of our cattle, und killed the bull for fresh provisions. Mr. Cameron informed the traders and us by l<:tter, that no craft should be permitted to pass the camp, without Lieutenant M'Donnell's permission. This letter he signed, " Captain commanding lied River."
31. Some of our pcnple who happened tu go near this camp were fired upon ; more than twenty sliots were fired at Duncan M'Nuughtoii, und several at Mr. M'Lean, as they would not stop to be made prisoners by the parlies pursuing. They burned some uf the houses of the settlers, and pulled down others, to form a ram- part, on which they mounted some pieces uf the artillery taken Iruin us. Parlies were cunstantly patrnlling between the camp and the iiurt, nigiit und day, siii;iiiig Indian war songs, und kept us cunstantly in a state uf alarm. '1 liey made pi isuners of the few settlers that remained, oiid kept them ut the camp, to prevent their ciilti- vatiun uf the jjround. Continual desertion had taken place iVoui among our pcu|)l(!
.584. • K to
:U
PAPERS U E L t T I N G TO THE
to tlic North- Wc^t <'oiii|)iiny, tor some time back ; two and three nent ofTofa nigh^ taking iiiiiiiiiinitioi) iiiut soinitinus iiniis uith them. The times ot the Irish cun- tnutrii ^crvHntH c\|>irL'it i>t June; llu-y demuiuled settlement ot their accounts, aiui proinistri tu reiii:iin with iis, at kast to ship liiiic, it they gut an advance of wages^ and t)ilis tor tht; bitiiincc tlien due. 'J his Mas acceded to, and even some tines tor- meriy hiid on soiiu- persons tor misbeli;i\iuur were remitted. Aiter all, the greater purt of them lelt us on ti.e .'')lli .lunc ; some ot tiitse were of the iaiportation of last year, and Iwd bicn eniiHfjtd ut £. ;jo per annur.i.
32. The evening of the lollt .Innp, after suns-ct, a party came at the back of our buildings, witli a view, i.-. we conceived, to attuck us in tiie night, as they covered themselves in a riivinc. This >(iia was strcnjj;thened by threats, frequently made by Mr. Cameron, thai lie \\< uld ln\titr down our houses with our own artillery ; and we ^ "vcre told tlie Norlh-VVt.>.t iihick;-niith liad tbrijcd shot, said to be for this pur|)ose. Mr. .M'Lcitn took u man with him, and went to reconnoitre the ptuty; I sent other two after them, iind had tiu- tncn formed near the bouse. Some shots were ex- changed ill ijie dark, between our reconnoitring party and the enemy, 'i'he enemy's fire seemed directed against the place on which th>\Y saw our men drawn out, but their balls took no ertlct; «e could not return the tire till our own people came in, when a lew discharges frouj tlic v\all pieces on the house lott madu them lelreat.
y^. Nest morning, i"li.Iiine. ahotit 7 a. jr., ^fr. \\'hite, our surgeon, walkinsi out near the house, was tired at from n clump of wood. South from the buildings. Nearly at the same time a ball passed between Mr. I^ourke and i'lynn, fired by ("ontauaha, by order. Imnmicdintely alter, a general firing connnenced from the same wood against the. buildings. Our people firetl in return upon the wood, although they could not see the cucmy. Alter alxjut three-quarters of an hour, the \ rr.emy cea.scd firing, and retired, ^'^c liai! Mr. Ar Lean and Mr. Warren severely
wounded ljy tlie l)ursling of u w all-pic. •<•. I fear Mr. Warren's wound to be inortalj tho igli lie was alive llie last acconnls wl l.rard. We had a'so two other men slightly wounded by the enemy "s fire. Our fire did no execution, though carried on with .•<piiit. It is said there were about 40 men of the enemy on this attack, composed of North-We^t company's servants, rMiiiie I'lcemcn and some half-breeds and some settlers; Mr. Seiapliim Lumar, Cutlilii rt (ir.uit, .^iii.w, Bostonois, George Campbell Peltier, and Assiniboine, were among the number.
34. Our people seemed to (les|)ond after this attack ; they thought that I slionld surrender niyst It to si\jp the fllu^ii/n (if hltiod. I knew it was not altogether to get me into t!ieir possession the North-West aimed at, but the dcstru-lion of the colony. To give our people an opportuniiy ol judging more clearly, I resolved to conceal myself some days; and aecurdingly disappeared in the night, with one altcnilant.
3,5. Upon learning of my de()Hrture, Mr. (Jamcron, by letter, ordered all the rolonv and company's people to depart immediately out of the River; which he signed Captain cooimundiug ullicer in Ked Hiver. I'his order united in some degree the tew men we had icmaiuiiig, and tliey resolved to defend themselves to the last. I iieard of this dis|)osition in my concealment, and carac back 14th June, after an alist:uce ot three <\i\\^.
3(i. In the night of the i.')th June, the enemy came in force, surprised a numlier of the people at the farm huts, and made many prisoners. Mr. Archibald M^Oonald happened to be there, broke his « ay through them, was fired upon, but escajied unhurt. Thev established themselves there, having next morning taken down the fence that secured the grain, with which they made a rampart round the position, and niounletl (ui it some (lieces of our brass artillery ; their hordes they set to graze on the wheat fields and otlier crops. The inclosiires of the .settlers had been thrown down bclore this, their crops s|)'jiled, and themselves made prisoners. All our horses, witliout exception, were taken aw.iy, and the enemy seemed determined to destroy every thing.
37. Mr. M'Kenzic, the agent, arrived the morning of the idth June. I wrote to him, stating the unja-ovoked violence exercised ii|ion us. A deputation from our gentlemen waited upon him at the North- West fort, 10 endeavfiir to procure a peace on f-uuie fair tcMuis ; but Mr. .M' Kenzie was not in(line<l to interli re. They were informed by him and Mr. (Cameron, that if I surrendered myself, hostilities should e(asu iustiiiitly. 'ilie gentlemen wrote me a pufilit letter, recommonding the sur- rend-.r of myself for the safety of the colony. They entered into verbal conditions of a peace between the North- West and the scttleineiU ; wliich they were told would
be
r of a night» Irish cutir counts, ai)<i B of wages^ le fines tor- the greater ation of last
back of our ley covered ly made by ry ; and we lis purpose. I sent other ts were ex- 'he enemy's vn out, but le came in, elrcut.
an, walkiiis^ i buildings, in, fired by il from the
tiic wood, n hour, the en severely
be mortalj nen slightly icd on with omposed of
and some c Campbell
nt I should
ler to get
the colony.
to conceal
jmluiit.
ed all the lie signed It'grec the the last, after an
a numl)cr M4)oimld ut esca|)ed down the position, ;t t(j graze en thi'Duii iiir horses, destroy
I wrote
from our
c a peace
riu-y were
ies should
the sur- conditions j|d would
'(4
RED RIVER S E T T L E M E N 'I'. 35
be d .c regularly in n day or two, but timt my siMTcndcr must be unconditional ; no terms \ ouUI be made with me. I met Mr. .M'Ktn/ic in the uttcnioon ; he <;()ii(iniied the contitioiis made with my gentler t, of which I inu<ie a meinorandiim in writing. 1 otfercfi to deliver myself at Won. .. at any fixed time; but this he s.iid was inad- missible ; for the rest he would siibi>^it them to Ciuiuron, and would acquaint me next morniu" at three o'clock, when we ngreeil to meet again. I sent James Suther- land and .Mr. White to the North- West fort, with the memorandum oV the condition* before the hour thiit I was to meet Mr. M'Kenzie, to get the conditions unequivocally understood. They returned satisfied ; I went alterwaids to meet Mr. M'Kenzie, and walked with him to the fort.
38. It was stipulated for by our gentlemei., and fnithfully promised to thorn and me, by Mr. Cameron and Mr. M'Kenzie, that ' should be permitte<l to return home immediately for some days, to arrange my atfa rs, on the gentlemen becoming bail for my return ; but this would not afterwards bs complied with ; they said that the half-breeds would not permit it.
39. Some of the North-West exulted, when they heard that I was in their posses- .sioii ; *' We have got the damned robber at hist! ' 'i'lie camp at our farm-huts was broke up in the course of the day. I was shown into a room in the main house ; at the outer door was placed two of our brass three-pounders mounted on carriuges, one on each side of tiie tloor. None of the horses tiiken from the settlement could be got back ; and two days after my surrender, the North-West gave notice, that all those belonging to the Hudson's Day company and the colony, stiould dipurl out of lied River without delay.
40. I defied Mr. Cameron and all the North-West company to turn the Indians against the coUmy, although no art that malice could invent to work upon thiir fee!-- ings was left untried to make tlieui hostile to us, which was begun with our arrival in the country. There is not a solitary instance of the least violence being offered Iroin an Indian towards the colonists. The untutored savage lemuincd incorruptible, while those calling themselves civilized, committed every outrage against their fellow- subjects, in violation of the laws of their country, and of any honest feeling.
41. I was taken away from Red River 22d June, and not allowed to stop at any place in the settlement. While kept at Winipic River. 1 learned that all tlie people uf lied lliver settlement had been driven away by tlie Nortli-West company. The plunder of tlie stores was held out as a reward to tlie halt- Teds and others employed in these acts of violence ; but of this tliey were disappointed. '1 lie storcjs were all embarked, and the people and they were protected by the Indians, who assembled for that purpose, and escorted them safe out of the river. After the departure of the people, the liouses were all burned by tlie half-breeds of the North-West company, headed by North-West clerks, Cuthbert Grant, and William Shaw.
(Signed) Miles M'Doimdl.
Sir, '■ ■ ' • !"Tontreal, aSth November, 1815.
I have had the honour of receiving your letter, dated the iGlli inst. aJdressed to iiie ami others, written by command of his Excellency tlie Adminstrator .n Chief, to apprize us, that his Excellency liad received from the Earl of Selkirk i detailed statementdraniiupby Mr. Miles M'Donnell, his Lordship's agent at the Red River, of tlie transactions among his Lordship's colonists, and between lliem and certain servants and agents of the North- West company, from September 1814, to the final dispersion of the colony on the arrest of Mr. Miles M'Donnell in June last, and that, (IS it was his Excellency's intention to transmit that statement to His Majesty's government, he had directed notice thereof to be given, that the North- West com- pany might have an opportunity of submitting to his ICxcellency, for transmission in like manner, such representation of the transaction in question as might be deemed proper on the occasion.
I have to otVer my thanks to his Excellency for the communication, and to entreat his excuse for the delay in not answering your letter earlier, which has arisen from accidental circumstances intervening since it.) receipt, and very far from w ant of due itspect to his Excellency.
In considering the subject in all its bearings, I sec no good likely to arise by entering at present into u detailed counter-statement. The I'uial dispersion of the colony, and the arrest of Mr. Milt.i M'Donnell, resulted from the wild and mis- chievous tciulencv of the original project, which en"enclered that colony, and the
.)^4- Ull|Utt
Iiicliifure
in Mr (i. I'riim nicmii's, I'f t) lie ceiiil vi- 1815.
36
PAPEllS RELATING TO THE
«njust and nrioi^ant pretensions and conduct of those entrusted with its executron Its origin uns bottomed ii[H)n llic osUnsi'ile pretext of aiding the iiudson's Iky coin- puny ill tlicir trade, Inil willi the real intention of directly ruining that of their rivals, the North-West company, as his Lordship had previously buconie a partner of the other concern ; and possibly under the further idea of turning the sclienie of coloniza- tion to his personal advantage, if the trade of both companies should from its ctl'ccis, in ihe event of its success, be involved in ruin. Colonization, at the distance of 2,oou miles from an Atlantic port, in the heart of Indian nations, and above i,(Vjo miles troin any other agricultural establishment or outlet to a market, contirms the belief tliiit something beyond what was advanced, was cautiously concealed under u plan- bible exterior.
It is well known that colonizitiun, and Indians with their trade, cannot to any peat extent co-exist. The fatal experience of the Indian nations in the neighbourhood of the United States proves this ; and that unfortunatepeople now see (when too late) t!ic ruin m ith which they are thereby threatened. Had they resisted, in the first instance, tiie occupation by any colonists of any s|)Ol lieyond the Ohio, the natives would still l<ave been iude|)endent and happy, instead of having to apprehend, as they now have, n universal s|K>liation of their lands, and the extermination of their persons by the uiibiiunded rapacity and injustice of the United States, in whatsoever regards their intircoursc with tl>e aburigmes of the soil. What u lesson for Indians, yet beyond American cmtruul!
The Am( rican government is preparing to establish military posts throughout the Indian country, in (situations where they had none before, in defiance of the construc- tive and ill-f'\pliiined article of the treaty of Ghent, which stipulated to preserve '> tJiem all tin |)ussessiuns and rights which tliey enjoyed or were entitled to in \%\\.
The F.iri of Selkirk's project is nearly in miniature w hat that of the Americans is nt ma'.iirity ; both have an unqiienchable thirst for land, and the speculations to which it uivis rise, without regarding the feelings and rights of the Indians, as entitled to cuiisiiierutiun, or worthy of preservation.
His Lordship, in accordance with this idea, entered u|)on the territory of the natives at the Ued Kiver without asking their permission, or uti'ering them any consideration for the soil, and also without any sanction from govermiient, under colour of a grant from persoi\s who had never acnuired a legal property in it, and w hose obselete charter (even were it valid) never comprehended tiie country in question.
His agent, Mr. Miles M'Doimcll, and the jM'ople who were induced to emigrate by advertisements containing studious cunceatmeiits and artful misrepresentations of the state of the country, were hardly there set ilown, before an attempt was made to impede the natives in the hunt of tiie biitialoupun tlieir native plains. This necessarily gave them alarm, and which alarm .vas increased by the direct violence used by that iigcnt, or by his command (who conducted himself like a Turkish bashaw, us his ))ruclamations and the orders under his usur|>ed character of governor, and especially Lis order for the North-U'est peo|)le to <piit the country too well evince,) in taking and pillaging by force of armt Iroin the North-West company, at one of their long- e>t.d)lislied pt;>ts, by cutting down tiieir wooden jiickcts, breaking open their stores, airl then cairviiig away the provisions they had collcctttl by their trade on the Ued llivor, for the sustenance of their people on the conunuiJications to and from the iotciior. They at the same lime took forciiile posses»ioii of two boats with provisions navigatiiu that river, and seizud and disarmed the pco|)le of two North-West canoes, wliilst proceeding (juietly in tlie lawlul pursuit of tijcir ordinary occupations. These pl■oc(■c(lillg^ utl'orded prools too evident cl the intentions of his Lordship and his ugent, to (iictiile to the Indians, to contemn tl;rir rights, to coerce them to his pur- poses, and liiiiilly to doilioy their trade with the North-West company. The ^er\allts of that company hud humanely, but ungiianledly "lupplietl his Lor(lshii)'s ptM)|)le during the winter of 18IJ-1,;, « lieu they first Hiiiv( d, with much of tluir sub- sistence, tiien little thinking that they were warmiii;' into liie vipers, who were so soou to >tii)g in a vital part the trade of their employers.
Such iiroceediugs on the part of his Lordship's agent and people, were not to be suliiiiiitcd to uitl. iiidini'i'iiice, under the pio^pict ot evidently tliieutened ruin; and accordingly mea'.ures were adopted tor bringing the authors ot that undisguised pill.iL:r to a le;;id trial, in the prcscrib-d course of justice, and for the prevention of tat like enormities in future.
Mr.
RED RIVER SETTLEMENT.
57
Is execution I's Iky coin- ' tlieirrivals, irtncr ot tlie ol" coloniza- 111 its crt'ccts, nee of 2,000 i,(Vjo miles lis the belief ider u plau-
nnot to any iglibourhoou lien too late) irst instance, s uould still ;y now have, rsons by the regards their , yet beyond
roMfjhont the the construc- » preserve 1 I in i5ii.
Americans is ions to which IS entitled to
jftlic natives consideratiun tnr of u grant scli'te charter
to emigrate seiittttions of was made to is necessarily used by that slutw, us his id esjiecially :e,) in taking f their lonj;- thcir stores, on the Red nd from the ih provisions ^Vest canoes, ons. These ship and his to his pur- pa ny. The Lordships f Iheir sidi- were so soon
re not to be
d niin ; and
undisguised
leveiuiui) of
■ Mr. Miles M'Donnell, the pretended governor, and the pretended sheriff employed in the execution of his outrageous orders and purposes, were arrested, and arc to be tried iKjfore the Court of King's Bench of this district, in March; and if from the zeal of parties for the interest of their employers, any occurrences have taken place which may furnish matter of regret on eitiier side, the whole are to be fairly ascribed to the previous illegal conduct and various premeditated violences and repeated out- rages of his Lordship's agents, and which conduct and violeiKes were aggravated by their intiigues and attempts to tamper with, and debauch the people of the North- West coiipany.
In nothing do Lord Selkirk's incipient measures materially -differ from those practised by the Americans, but in the want of a public military force to overcome the poor natives. Happily this he had not ; but should ever the British government, in an unguarded hour, sanction liis wild schemes for the colonization of the Indian country, and aid those schemes by a military force, from that moment the doom of the natives will be sealed, an interminable war in the interior be excited, and the Briiisii name will among them become as much detested as is the American.
Nothing would so completely justify the Americans in their encroachments upon Indian rights, as seeing British subjects, under British authority, pursuing similar measures ; and a British colony, with a British fort, on the Red River, would very fairly be urged as conveying a right to the United States, under the principle of counteraction as well as of example, to place as many American colonies and forts upon the Indian territory as tliey saw fit.
Besides, it is further to be considered, that as the Red River, or a matcri'>l part of it, will fall within the American boundary, by the line to be run by the tret^ty of Ghent, if Ix)rd Selkirk was allowed to colonize there, it would in truth be forming a colony indeiicndent of British controul, to become an American one, and in tu.- therancc of American objects at the expense of British.
I do however hope, that the dispe'.sion of his Lordship's colony, will lead hint to pause, and henceforth to apply his wealth and acknowledged talents to pursuits more congenial to the dignity of a peer of the realm ; but if unhappily it be otherwise, I cannot but entertain a well grounded conhdcnce, that His Mn'esty's government will interpose, to prevent its re-establishment, with the consequent; and manifest injustice to the Indians, and certain injury to British trade and Biitish interests con- nected therewith, which such establishment could not fail to produce.
In conclusion, it is proper to observe, that the distresses endured by his Lordship's colonists, in con-equence of the delusion of his agents, if not of himself, were almost beyond description, and such as to make three-fourths avowedly, and probably all secretly, to rejoice at their liberation from a new species of bondage.
I t\ke the liberty of referring to his Excellency for particulars, to my letter to ilijiOvA Harvey, of 24th June last; to my letter and statement of I5tli of August last, ;i ! at Kingston ; to Sir Frederic Robinson ; and to a letter and statement to iff 1 y i'foulburn, Esq. Under Secretary of State, from Messrs. M'Tavish, Fraser&Co. ■'.::■' ^' ers. Inglis, F.!!ice& Co. of London, on the 18th of March last, in answer to a L 1 in'Tiication made to them on the 2d of that month, by the ilesire of Earl Bathur-i ; such communication being the same as that which gave rise to Colonel
llarveyV letter to me of 14th June, and to which the above said one was a reply; copies of the two last statements accompany this.
Have the goodness to submit this letter to his Excellency the administrator in chief, for transmission, if he shall see fit, to His .Majesty's government.
I have the honour to be, on behalf of myself, and others interested in the North- West trade, &c.
(Signed) fflliiam M'GilUvray.
Statkment, relative to Settlers from the Red River. indosure
LM the year 1811, the Earl of Selkirk having obtained from the Hudson's Bay . s ^f? ^ Company (whereof he is a great stock-holder) a grant of a large tract of land, in the m.,n'i\ «i Tu^ interior ot the contuient ot North America, and which giant the company assumed ceiuUr'1815. the right to make, without any sanction from government, or aiiv purchase from the natives of the country ; his i.ordship, with that eagerness for promoting emigration ami establishing colonics which he hus so often manifcsled, immediately circid:ited ^^' L H(lv< rliscnirnts,
I
m
3»
PAPERS RELATING TO THE
tdrettiaeni«t)t», inviting wUlris to ell•i^rHtc tu tliis ucw colony, whicli lie lind (ti'o- jvcted to cstablisli on tlio baiik^ ut tli>; Hcd Uivcr.
Th«8C advertisements bcki out indiicenicnts of every description toenfiaifc settlers ; fertility of soil, sulubriiy of clirnatc, freedom from tiixcs, tvtiies, and poor ratea, uere all ctiumernted among tiie Urssin^s of this land of promise, and tiic real facts of tlie case v^erc carefully suppressed, namvly, that tlie proposed colony was silualeil at tite distance of about ?,ooo miles from imy Atlantic port, and atiove half that di>tancfl from any other settlement whatever; that the settlers would he totally precluded from conimunicalion with tiie civilized wculil, niul from the possihility of tiiuling a market for their produce, if they sliuuld succecti in raising produce for exportation. It was also caref«)lly concealed, and contradicted by Lord Selkirk's a|;ents, whcu asserted by ntlier [irrsons who possessed local knowledge of titc country, tliat the pro- posed colony was situated in the niiiixt of w arlikc tribes of Indians, whose jealousy towards the cultivators of land is well known ; and who would have a good cause ot quarrel against such cultivators taking possession of their lands, and destroying their hunting grounds, without tlteir consent and authority.
In coascqucncc of tlwse advertisenjcnts, and the personal exertions of I^rd Selkirk and his agents, several succe.'-sivc embarkations of emigrants to this new colony have taken place in the years iSli, 1812, 1813; sonic from Ireland, but chiefly from the northern coust of Scotland ; these unfortunate persons, however, soon found they h; ' l-xin cruelly deceived in the expectations held out to tliem, and found themselves (i | ;'>d of all the advantages they had hoped to possess. The first embarkation tour in 1811, and they arrived at York Fort, in Hudson's
Bay, too late to get into uterior that winter, which accordingly they were obliged to pnss on tiic shores of tne bay, in a state of extreme misery from the severity of the climate, and in danger of actual starvation. In the embarkation of 1S12, from the ships being crowded with passengers, the jail fever broke out among them, and carried oft" several of them.
In short, the miseries which these poor creatures had to endure on their passage to Hudson's I!ay, and their voyages in boats at most inclement seasons, front thence to Kcd River, are such as can scarcely ho understooti, except by persons who have some knowledge of the country they traverseil ; ami their own description of their lufl'crings is such as to prevent, it is to be ho|K:d, Lord Selkirk, if he could hear it, from sending any more en)igran(s on the same destiuHliun.
The first settlers renchfd the proposed colony in the fall of 1812, and in the course of the follow inii winter they would have perished for want of food, but for the assist- ance which they received from the North-West company's trading posts in their vicinity. Subsequent arrivals took place in the years iSlj and 1814 ; ond the soil of the country being really fertile, as far as it is siieltered witli hills, they ii..^ht have ultimately succeeded in rni>ing grain sufficient tor their subsistence; but the measures of their leaders began to involve them in qinirrels with the natives of the country, especially the half breed Indians, a daring and now a numerous race, sprung from the intercourse of the Canodian voyageurs with the Indian women, and who consider tliemselvcs the possessors of the country, and lords of the soil.
Their principal leader, and Lord Selkirk's principal agent, was n Mr. Miles M' Donnell, formerly of this province, who, on tlie Slh of January 1814, issued a proclamation, calling hiniH'lf (Jovernor of Assinihoine, and ossuming |)owers greater than those usually delegated to governors appointed by the Crown.
Ho told the settlers and tlie Hudson's Hay company's servants, that the colony was erected into a separate jurisdicMon, entirely indepeiident of Canada; unit the laws and government of which, were both to be administered by himself. This could only have been looked upon oi an entpty l)OHst, but that he actually proceedcti upon the un[ireeeilented authoiity thus assumed, and engaged his t'ollowers in acts of violence, for which he is now a prisoner on his way to be tried in the courts of Lower Canada.
The disorder excited in the country by these acts of violence, the disgust given to the settlers, by intrinsic di.saii vantages of tiie country, as well us the violence and tyranny of their leader, and the dread of the natives, Indians und mixed hreeil, all contributed to bieak up the colony ; some few of the settlers (about 14 families) have returned to Hudson's Hay, and all the renmintlcr threw themselves upon the compassion of tlic North-Wdt company, to obtain tin; means of conveyance to Canada.
Some
i
RED RIVER SETTLEMENT.
Le had (no-
^ve settlers ; • rates, were facts of tite i!ale<l at tite lat (ii>tancfl y precluded of fiiuliiig A exportation, ^ents, ivlicu iiat the pro- ose jealousy )oil cause ot' lojing tlitiv
IS of I^rd to this new Irciaiul, but s, however, n them, and sscss. The in Hudson's icre ol)ligcd ! severity of 1S12, from ; tlicm, and
leir passage iVoni thence s who iiave on of their uld hear it,
I tile course r tlic a.ssist- •sts in their ml the soil ^lit have ic niciisures he country, iruug from ho consider
39
st f;ivcn to
itlencc and
bwn], all
faniiiies)
upon the
eyance to
Some of them state, upon oath, timt they left their homes in expectation of coining to Canada at once, and uerc only told of their actual destination at Stornaway, in the island of I>;\vis, froiu whence the embarkation took place ; others stale, also upon oath, tliat they were informed, that tlic distance fram tl>c Red River to Canada was short, ami tlie communication easy ; so that, if they did not like that country, they might leave it and join their friends in Upper Canada; and others, that they could go to Canada by way of the Red River ; under these circumstances, partly from compassion towards these poor people, and partly from a dread of the conse- quences of their remaining iu the interior, (because in the event of the Indians attack- ing them, it was fcait:d that the hatchet once raised, would not discriminate betwixt a settler and trader, but that all tiic white men in the country, might become its victims,) the North-West company have adbrdcd these settlers a conveyance to this province, and tlie means of subsistence since they left the Red River. The numbeir brought to Fort William (the company's chief port on the shores of Lake Superior,) was about 140 souls, probably about 40 or 50 heads of families, and some single men, and the whole of them are now on their way to York, unless some may have obtained employment to their satisfaction about St. Mary's or St. Joseph's. liopos certainly have been held out to them, of obtaining lands from the government of thi# country, and they arc corning down in hopes of being received as settlers on the same footing as if they had come d'rect from Scotland ; but this point rests entirely for the decision of government ; the North- West cojnpany only promised these people H conveyance to Canada, and subsistence for the journey. Tliis promise has been performed ; and they arc now left to the clemency and protection of govcrntnent, wliw will no doubt extend to them a fostering hand.
Kingston, .. _ (Signed) WilUarn SPGillivray.
I5lh August 1815.
Sir, London, 18th March 181.';.
Wc have ha<l the honour to receive your letter of the 2d instant, addressed to the North-^Vest company, with the enclosed copies of a correspondence between Lord Selkirk and the governor ami committee of the Hudson's Bay company, and also the statement of the governor and committee, relative to their grant of lands to liis Lordshi|) on the Assiniboinc River in North America.
As aeents in tliis country for the North- Weet company in Montreal, wc lose not a moment in requesting you will assure Lord Bathurst, that the motives imputed to them by Lord Selkirk are utterly unfounded ; and wc are persuaded also, tlie , members of that company, stationed in the interior of the North American continent, j feel too much for the miseries already inflicted upon tlieir unfortunate countrymen, tlie victims of his Lordship's visionary speculations, to add by any action of theirs to the risk which those deluded emigrants undoubtedly run from the disputes which must arise bct»ccn them and the Indians, and a jeaU)usy (lie (liferent tribes have ; always entertained of any agricultural encruachuients on the hunting grounds in the { interior.
Lord Selkirk mistakes in his letter (wc arc persuaded unintentionally) any expressions which may have fallen from us on the first publication of his schemes. We have at all times cx|)rc3scd our feara of the fate whicii ht now seems to dread jnay await this colony, and have not ceased to represent to him and to the Hudson's liay company, both tlic impolicy and danger of attempting any settlement of this nature, so remote from legal restraint ami adequate protection from the hostilities ot the Indians ; and we have always expressed it as our decided opinion, that it would not only be productive of ruin and danger to the settlers, but to the valuable trade carried on by both parties. Our experience of tlio etVects of this intended settlement has not tended to remove, but on the contrary to enforce these expressions; and the present application from his Lordship but too strongly contirms the correctness of them. The conduct of tlie North-West company's tiiulcrs, in supplying the colonists, who must otherwise have starved during the winter of i8r2-i8ij, should have protected them from the accusations now brought against them, es|>ecially wiieii grounded on such authority as " a letter from a gentleman who had received
information from a Canadian, relative to the intrigues whicli were going on with " the Indians." His Lordship gives the traders some credit for attention to their interest ; and he must surely be av\arc, that the Indian hatchet once raised, will not discriminate between a settler and a trader ; their interests are (irmly connected in this respect ; and wc only trust they may be enabled by their united endeavours to
.'584. conciliate
Iiicliisuie
(5) ill Sir ti. Iliiim- iiiniui^, of 6 1)'- cembi.T i:ii5.
r- '
Pi
40 TAPERS RELATING TO THE
conciliule tlie natives, and to ward off the danger with wliicli his Lordship's indiscretion has threatened them.
We do not ilcny, that this colony is looked upon by the Canadian traders ijcne- rally, as detrimental to their interests, from tlie reasons we have stated, and I^rd Sclkirit's connexion widi the Hudson's Iky company, (their rivals in tliis trade, already involved in ruin, and apparently from tlie measures they are now taking, havin)» solely in view the destruction of the Canadian trndc,) has not the eftcct of reconciling what he supposes their prejudices, as to his views and operations ; and we are equally aware w ith his Lordship, of all the difficulties which arise Irom the conflicting jealousies of parties so far remote from the controul of justice. These jealousies existed pre- vious to his Lordship's present undertaking ; and to obviate them, as far as practicable, his Majesty's government proposed, at our suggestion, to the Legislature, the Act of the 43d of the King, under which several justices of the })eace have been appointed, and we hope will be enabled to suppress, by apprehension and conviction of the offenders in the courts of Lower Canada, all acts of aggression on either side. In addition to this, wc beg you will assure Lord Bathurst, that every advice and exer- tion in our power will be made use of to the same effect ; and we will tt unsmit copies of your communication to us on this subject to Canada, by the earliest opportunity.
It becomes, however, distinctly necessary, that a similar condui^t should be adopted on the part of the Hudson's Bay company ; and but little proof of that dis- position is to be found in the proclamation of Mr. Alilcs IM'Donnell, a person styling himself, by Lord Selkirk's authority, governor of Assiniboine, and who is really his Lordship's accredited agent.
A copy of this proclamation is enclosed for Lord Bathursts information; and we can only add, that the authority assumed in it has been extended in all its parts against the North- West traders, who in consequence of strict injunction to that effect have submitted to it without rcsbtancc.
Although we have hitherto abstained from troubling his Majesty's government on this subject, still we are too happy in the opportunity which your letter and the ac- companying statement from the Hudson's Bay company afford us, of laying before Lord Bathurst some information as to the origin and progress of the connexion between Lord Selkirk and that company. We take the lilierty therefore of annexing to this letter a statement of facts relative to the colony ; and as his Majesty's govern- ment has called upon the North- West company for refutation of the accusations made against them by Lord Selkirk, we hope, as their agents, we may be excused, if on their liehalf we respectfully request to be informed, whether this authority assumed by Lord Selkirk and his governor Mr. M'Donnell, is at all recognized by his Majesty's government r and if so, whether to the extent of the powers supposed to be vested in the Hudson's Bay company, by their obsolete charter, and said to be transferred to Ills Lordship with the grant of territory made by him ?
We now consider both the grant and authority illegal ; and we shall be happy, if in the statement submitted to you for the consideration of I^rd Bathurst, sufl^cient information shall be found to enable his Majesty's governuient to come to an imme- diate decision on this subject.
We have only to add furdit., ♦hat for the last century the Canadian traders have carried on a far more creditable trwde, and for the last 30 years a trade of six times the extent, and consequently in the same proportion more l)eneficial to this country, than the Hudson's Bay company ; they have explored and discovered all the countries between Ijike Occinipigne and the Frozen Ocean, on one side, and the Pacific on the other. They have now establishments on the shores of both oceans, and «ith iho return of peace they have l)een looking to the extension of their trade ; their only obstacle seems to be this unfortunate and impracticable schctne of colonizing an uninhabitable territory, which will undoubtedly, socjivjr or later, throw the whole country into war and confusion, after a long period of tranquillity and peace. We l>eg to be understood, os imputing no improper motives in all we have stated to Lord Selkirk ; our conviction is, that his Lordship as sincerely as singularly believes in the probability of ultimate success, and all we can expect from his Nlaiesty's govern- ment, that if they should see fit to sanction and encourage his I.x)rdship's under- taking, they will take adequate measures to protect the trade of his Majesty's sub- jects against the consequence apprehended from it.
Wc have, Sec.
II. Goulburn, Esq. (Signed) Jii' M'Tnvish, hraser & Co.
&c. &c. liiglis, MkcSi-Co.
A
% i
t
RED RIVER SETTLEMENT.
41
traders jjciic- toH, and I^ird trade, already uking, liuvin^ of reconciling ive are equally ting jealousies :s existed pre- as practicable, re, the Act of en ap|)ointcd, iriction of the tiler side. In 'ice and cxer- iintniit copies )portunity. i^t should be if of that dis- persou styling u is really his
tion; and we 3 parts against at effect have
jvernmcnt on
T and the ac-
laying before
he connexion
e of anncxinji
csty s govtrn-
isatiuns made
(cused, if on
y assumed by
Ills Majesty's
to be vested
k: transferred
be happy, if rst, sufficient to an imme-
traders have of six times this country, the countries acific on the mid with the ; Iheir only oloni/.ing on the wiiole pi'itcc. We atcd to Lord lieves in the sty's govcrn- lip's undcr- HJesty's sub-
(iser & Co. o.
/
STATEMENT.
PREVIOUS to the year 1811, the Eurl of Stlkiik, by himself and his agents, bought up about one-third of the joint stock of the Hudson's Day company, wliicii stock amounts in all to about ,C. 10,5,000, with the view, us has afterwards been ascer- tained, of obtaining under the company's seal, a grant in fee simple to iiiniSelf and his heirs for ever, of a tract of territory no less than 75,000 suiK-ilicial miles, or about 4,500,000 acres.
Any reasons which may have induced the governor and committee, beyond those assigned in the statement laid before His ^IllJesty's governmer\t, to consent to this grant, are best known to' themselves ; but the fact of the acquisition of this slock by Lord Selkirk will not be denied, or that in consequence of it, certain changes took place in the committee in favour of his relatives and friends. 'Ihc plan being so far advanced, his Lordship found little difficulty in accomplishing his purpose, and it was accordingly announced to the proprietors, that the grant had beeii made by the gover- nor and committee, and a general court was called to confirm it, early in the yeer 1 8 1 1 . '
The parties not concerned in this transaction attending that court, were nearly unanimous in their disapprobation of the grant ; but as the majority of the proprietors who could vote, consisted of Lord Selkirk and tlic committee, the grunt was contirmcd, and protest tendered against it, copy of which is annexed to this statement, and this protest was signed by proprietors of nearly one-fourth of the company's stock.
The first question which arises on this proceeding is, WhethiDr the Hudson's Bay company have a right to grant away in fee simple, a great portion of the continent of North America ? The second, Wlicther, even in tlie terms of the charter, they had any right to this particular district, which formed no part of their discoveries, and part of which is ascertained to belong to Canada, by the treaty of Utrecht? And the third. Whether, supposing they had a clear right in both respects, the reasons assigned in the protest are not sufBcient to set aside the grant ?
The grant, however, once obtained, the next measure was to obtain settlers for the new colony, and advertisements appeared from the agents of the Hudson^s Bay coni-
fany, and Lord Selkirk, who connected their operations in the public papers of reland and Scotland, holding out inducements of every description to such unfortu- nate persons as were likely to be the dupes of them. These advertisements, after alluding to the salubrity of the climate, which was not stated to be as is the fact, equal in severity to the coldest climate of Nova Scotia and Lower Canada, went on to state that the soil was peculiarly favourable to the growth of hemp ; but one very material point of information was omitted, tiiat the proposed settlement was ^,oo3 miles distant from any Atlantic port, or inhabited country where a market could be found for it, and that the transport of the produce of their industry was imprac- ticable. Independence, freedom from taxes, tythes and poor rates, land at a cheap rate, and all the other blessings of this land of promise, were added as inducements to these miserable emigrants, to desert their conncx.ons und their country.
Although the success of these advertisements was prol)ably not cqiml to the expec- tations formed from them, an Irish priest, with about it) followers of his countrymen, and some Scotchmen, embarked in the Hudson's Bay ship.';, in the spring of 181 1, and a mutiny soon took place in consequence of the unusually crowded state of tiie vessel. They however arrived in Hudson's Bay, wintercil tiierc that year, and reached the Assiniboine river in the autumn 1 81 :i. Tiie sufferings from climate and privations endured by tlrose people that winter, were beyond description, and they were in a great measure mdebtcd to the Nortli- West trade for the means wliich enabled them to sub- sist through it. The annexed extract of a letter from a person of intelligence resident on the s|)Qt, details the situation of tlic colony in that year. In the spring i8i3, other parties were sent from Scotland, but in consequence of the numbers exceeding those ollowed to be embarked in the company's ships, by the regulation of ilie Act of the King, the ships were detained or threatened to be seized by the revenue officers. Tills accident gave rise to the Hudson's Bay company's jiasscngors Act of that year, which was passed sub sileniio, not for the p'ur|H)bes of the company, but to fiiciiitato Lord Selkirk's operations. The proper provisions of this Act, however, requiring an examination of the vessel intended for the voyage liy the Transport Board, probably rendered a scheme nugatory, which had been in contemplation for the transport of the emigrants last year, and they were again obliged to put up with such actomino-
5*^4. ' M dution
4*
PAPERS RELATING TO THE
dation os would be afibrded in company's vessels. Here the jail fever unfortunately broke out, and several persons were understood to have suffered on the passage.
It is not intended in the slightest manner to impute this to any negligence on tlie part of Lord Selltirk, whose known humanity would have led him to take every pre- caution ; and it is only material to point out the fatality, which has attended, and must continue to attend, this ill-judged and unfortunate undertaking.
The settlers now assembled in the country, may amount in all to i oo fan)ilie8 ; their complaints and miseries are extreme; many are anxious to desert the settle- ment, and where no regulations or laws can be enforced against the idle and dissolute, tiic result nray easily be foreseen. The men will form connexions witli Indian women, and unaccustomed to the manners of the women, involve Uiemsclvcs in quar- rels and disputes, which unfortunately will involve the whole settlement ; no person of either judgment or experience in that country can be found, whether belonging to the Hudson's Hay or North- West company, whose opinion dift'ers from the general one entertained upon this subject, that no possible good or advantage can result from this colony, but that it may in its effects, be productive of infinite uiiscliief, and uiti- mately the ruin of the fur trade of North America. . '
No.
b
No. (5.
Copy of a Dispatch from the Earl Batiiurst, K.G. to Lieut. General Sir Gordon Drummond; dated 3d January 181G. '
Sir,
Downing-street, 3d January 181C.
HAVING received many complaints of the violent proceedings which have taken place in the most remote parts of His Majesty's North American dominions, and of the outrages committed by the agents and servants of tlic Hudson's Bay and North- West com|)anies against each otiier, it appears highly necessary to adopt some measures for restraining a system of violence which, if persevered in, may ultimately lead not only to the destruction of the individuals concerned, but of others of His Majesty's subjects. I am therefore to desire that you will, without loss of time, in- culcate upon the servants of the two companies the necessity of abstaining from a repetition of those outrages which have been latterly so frequent a cause of complaint, and convey to them the determination of His Majesty's government, to punish with the utmost severity any person who may be found to have caused or instigated pro- ceedings so fatal to the tranquillity of the possessions in that quarter, and so dis- graceful to tlie British name.
I have the honour to be, &c.
Lieutenant General (Signed) Bathurst.
Sir Gordon Drummond, K. C. B. ' &c. &c. &c.
Copy of a Dispatch from the Earl Bathurst, K. G. to Lieut. General Sir Gordon Drummond, G. C. B. ; dated 8th January 1816 : — Twenty-one Inclosures.
Sir,
Downing-street, 8th January 1816.
/ I H EKE WITH transmit to you an extract of a letter from Mr. Berens, Governor /of the Hudson's Bay company, stating that a number of musquets were forcibly seized by tlie .ifjcnts of the North-West company, from the settlers at Red River, and carried to Canada. I have therefore to desire, if these arms are in the possession of the North-Wcst company, that you will call upon them to deliver them up and deposit them in the King's stoics for the public service; the dispersion of the settle- ment at Red River, is notified in you» dispatch. No. 72, rendering it impossible to apply them to the purpose of arming the settlers there, as originally intended.
Lieuterant General Sir Gordon Drummond, K. C. B. &c. &c. &c
I have tlie honour to be, SiC. (Signed)
Bathunt.
RED RIVER SETTLEMENT.
4$
r unfortunately ! passage.
[ligencc on the ak(; every prc- i attended, and
100 families; aert tlie settle- : and dissolute, ) with Indian selves in quar- it ; no person '.r belonging to m ttie general an result from :hief, and ulti>
al Sir Gordon
luary 181G.
;s which have an dominions, Isun's Bay and
to adopt some may ultimately
others of His ss of time, in- taining from a ! of complaint, :o punish with nstigated pro- and so dis-
liathurst.
nlSir Gordon e Inclosures.
uary 1816.
ns, Governor were forcibly Red River, the possession them up and of the settle- impossible to ended.
Bathunt.
Extract of a letter from T. Bcrens, Esquire, CJovernor of the Hudson's Bay company, to the Earl Bathurst, dated the (ith of December 1815.
" Your Lordship will perceive by Mr. Colville's letter, and the documents accom- panying it, that some of the musquets issued by the Board of Ordnance for the proicction of the colony, were seized by Mr. Duncan Cameron, a partner and agent of the North-H'ist company ; and that those government arms have probably been carried down to Canada ; I Uierefore beg leave to wuggest, for your Lordship's consideration, the propriety of sending instructions to the governor of Canada to take the necessary uieasures for causing those arms to bo restored to the principal officer at tlic Red River settlemeut."
Gentlemen, Langley Farm, ,5th December 1815.
In consequence of Lord Selkirk having entrusted me with the management of his aftairs durinu his absence from this country, I am under the necessity of addressing you on the subject of the outrages which were committed last Spring and Summer, at the settlement which has been formed upon the lands granted to his Lordship by the Hudson's Bay company.
His Ixjrdship communicated to you, on the 1 5th of February last, the apprehensions which were at that time entertained fur the safety of the colonists ; and it appears that these apprehensions were but too well founded, though the persons suspected of evil intentions towards the colony having failed in their attempts to make use of the Indians as the instruments of its destruction, had recourse to other means to accomplish their object.
To render the narrative of what happened during the Spring and Summer of this year intelligible, I must refer to a transaction which took place in 1814. Mr. Miles Al«Donnell, the governor of the settlement, and of the Assiniboine district of the Hudson's Bay company's territories, had just grounds for expecting a considerable number of settlers to arrive from Euro|)e in the Summer of 1814, and he was appre- hensive that u scarcity of provisions would be felt, if he did not secure a large quantity of dried meat provisions (which are procured from the Indians) during the Spring of that year. He considered it to be his duty to prevent the evils of famine from atHicting the people under his charge ; and with this view, he gave notice to the traders of the Hudson's Bay company, and of the North-West company of Montreal, in the month of January 1814, that no more provisions would be allowed to be carried out of the Assiniboine district, at the opening of the navigation, than might be necessary to feed the people who had been employed there in trading furs, us the whole would be required for the support of the resident inhabitants of the country ; but that the traders who might collect the provisions from the Indians would be paid a fair price for the same. The traders of the Hudson's Bay company acquicsceti and delivered over their surplus provisions; but those of the North-West company refused to do so, and attempted to cari-y out their provisions. Upon this Mr. M'Donnell, as ;:;ovcrnor, issued a warrant, under which a seizure was made by Mr. Spencer, who bad been appointed Sheriff. This led to a good deal of discussion between Mr. M'Donnell and the partners and agents of the North- West company ; and upon their representing that their trade would suffer in other parts of the country, if deprived of these provisions, an agreement was entered into, that the North-West company should retain the quantity which was necessary for their trade at that time ; but that they should supply Mr. M'Donnell with an equal quantity in Winter 1814-15, if it should be wanted for the maintenance of the settlers. The general Ixidy of the partners of the North-West company subsequently, however, refused to abide by this agreement, made by their own agents and partners, and laid an information before Mr. M'Leod, who is a |)artner in that company, and holds a commission of the peace for the Indian territory, under tlie 43d Geo. Ill, cap. 138, who granted a warrant to apprehend Mr, M'Donnell and Mr. Spencer on a criminal charge of burglary and robbery. The rights of the parties concerned are in the course of being settled by Judicial proceedings and legal decision ; but I am advised by counsel here, that there are no legal grounds for any criminal charge ; and further, that the provisions of the Act, 43d Geo. Ill, do not extend to the part of the country where the transaction took place. Under this warrant some of the partners o ' clerks of the North-West company, with a j)arty of their hired servants, armed, seizcu Mr. Spencer in September 1814, and carried him to one of their trading posts on the route to Canada, and «lctunied him in their private custody until the month of August 1815, when they
Incluiure
(I) ill Kiirl llutliurtt'f, of 8th Januuiy 1816.
lucloaure
584.
thought
4#
PAPERS RELATING TO T 11 I'.
r^
tlinught fit t<) l>iin(» him duwn to Montreal, «lioro he «b» iiiimctliatcly adiuiUtd to bail. Mr. M'DoiincIl was at tliis time at the sea coast of Hudson .>« Day ; uiul, upon Ills return to tlie setlieinent, lie was informed of the sei/iire of Mr. Spcneer, and that the North- West company lield a similar warrant a^uiiiist himself; hut as he hud h«en mlviscd, upon the opinion of tlie most eminent cminsei of tlii:i euuntry, thut the courts of Canada had no jurisdiction witliin the limits of tlic territories of the Hudson's Day company, he refused to surrender to the Wiirrant.
ITp to this period, the settlers had hcen buildinf; houses and cultivating their lands with every appearance of content and satisfaction ; and so far from their lmvin|^ any favourable disitosition towards the North-M'c«t cojiipnny's people, it was with some difficulty that they were restrained from takinj^ arms and rescuini; Mr. Spencer. 'I'iie gentlemen wiio had charpe of the settlement in the absence of Mv. M'i)oiiiicll, con- ceiftd ttmt ample legal redress would in the end he (ibtiiined, if Mr. Spencer was wrongfully apprcliendcd, and at any rate ucrc unwHlin>; to involve the people in any violent proceedings. This caution of theirs, however, iiad the eflbct of damping tlio spirits of the settlers, and by seeming to admit tl|at there might be a douht on tlio subject, prepared their minds to receive more readily the misrcprcsentation.s of tho agents of the North- West company. Hitherto, also, the people called in that country " fi«e Canadians, and half breeds," being the old disciiarged servants of the North- West company who have families by Indian women and their descendants, had shown the most favourable disposition to tiie settlement, and several of them who had taJ<cn lots of land, began to cultivate and settle them.selves. The North- West company have great influence over these people, and arc in the habit of calling upon them for temporary services; they immediately hired, at high wages, all those who had showq any disposition to settle ; and tlicj spread the must false and malicious stories among them, of Mr. McDonnell intending to oppress and injure them in various ways ; and, in short, used every means in their power to alarm and irritate tliem against Mr. ISI'Donnell and tJic settlers who supported him. Mr. Duncan Cameron, a partner of the North-\V'est company, and the person who had the chief management of their uiTairs in that part of tlie country, assumed a military uniform, and gave out that lie iiad a King's commission, styling himself " captain of the voyagcur corps, and com- manding ofliccr in Ked Kivcr," with the vicw^ no doubt, oi increasing his influence over these ignorant people.
Prom all the information whicli has reached me, corroborated by numerous authentic documents in my possession, it appears, that Mr. Duncan Cameron adopted every scheme, both oi allurement and intimidation, to work upon the minds of the settlers, for the purpose of ultimately succeeding in that object for which he seems to have been so skilfully selected. His machinations during the whole of the Winter, and the alar.ns which he created by circulating reports that the Indians meant to assemble in the Spring to destroy them, together with his liberal donations of liquor, he succeeded in seducing several of tlic servants of the settlement to desert to him before their contracts of service had expired; and by the sime unjustifiablo means, lie persuaded many of the settlers to give him promises to atiandon the settle- ment in the Spring. It would appear, however, that he was apprehensive that those who remained uninfluenced by liis threats or liis promises, would ii: \ be driven out of the settlement without resistance, as he seems to have considert • it of material importance to get possession of three small guns (two aud three-}, sunders,) which Lord Selkirk had sent out on the first formation of the settlement, and which were at that time locked up in the store, and not even mounted upon their carriages. He took tlie opportunity of the abscucc of Mr. M'Donnell, with most of the people who remained faithful to him, and, on the ;}d of April, gave an aulliority, Aligned " cajitaiu <ji the voyagcur corps,"' to a large party of the seduced settlers and .servants, together MJth some of the free Canadians, to bring away those guns ; accordingly one paity confined the gentlemen of tlie settlement w lio were at home, while another broke ojien the storehouse, and carried oft' the guns to the Nortli-West company's house. Cameron, during tlic transaction, concealing himself in tlie neighbourhood with a party of armed men, for the apparent purpose of supporting, if necessary, the depre- ciation which he had planned ; and, us .soon as the guus were removed from the store, Jie came forward, and cordially congiatuliiled the people on the success of the operation. Part of the goveinuient miisqucts, issued by Uic Hoard of Ordnance, for the use of the colony, in confcC()uence of your application to Lord Dathurst of the lOth May i>Si3, had lieen delivered out to the settlers in the Summer of 1814. Of these about twenty-five stuud were carried oil' by the settlers who joined the
North-
11 E n U I V F, 11 S !• T T L V. M K N T.
45
I
Norlli-Wcst oom|)iiiiv, and the people stiitiul tliat tliey were oidcrcxl to do so by (-aincron. 'I'liis person al'<o ^nw an older in writini;, synod " D. Caineion, V.C, desirin!4 (ieorf;e Siitlicvland mid John M'Kay to deliver up tlieir arms in ihc Kin^^'i* name;" and liiuir arms wore torcii)ly taki:ii iVoni these men, as appears l>y liie dcpuii- tion on oath of" (Jeor^c Sutlicriand. These were also (»oveninicnl nnisktts.
From this |>criod every rort of violence was ronimitie<i(>n the servants and settlers who remained failhl'id to Mr. M'Diauull; wiienever they were met, thry wero iissaullcd, plundered of their arms, and kept in eonlinement. Attaeks were made on the iiouses of iIk; settlement liy hodies of armed men under the command of the clerks and a;;ents of the Norlii-West company ; and durini; these attacks some of the people, were wounded ; and in dcfendiufj themselves one jjenlltinan lost the usu of his kit liand, and another u'as severely woundcil in the head hy the l)ur.stin}5 of a swivel gun, wiiich was fired in the upper story of the principal house. Iho latter jrenlleuiau has* since died fioni liie wound in the head ; a party of C'rec Indians were hroujiht from a distance, and there jcems little doubt that altenipts were made to prevail on llieni to attack the selliement; inileed the chief of tiie p.irty confessed liml tlicy wcro brounjit there for that purpose by the North-West company's people. The iVicndiy disposition of iht neighbouring tribes, however, fiustraled those endeavours.
Cameron bad always jiretcnded, that his sole objert was tiic enforcement of the Marrant against Mr. SrDonnell, and as the |)eo|)le became (piite dispiiited by their repeated attacks, and being much alarmed by the tiucats helil out by (Jamermi, that they would all be destroyed by the half-breed people, they exi)ressed a strong opinion that Mr. McDonnell should give himself up, and lie was at last induce<l to surrentler, in tlic hope that the remnant of the settlers would be permitted to reiiiaiu on their lands. Dul in this ex[)ectation be was disappointed ; tbe violences were continued without interruption; the horses belonging to the settlement wcr- ciilici' destroyed or taken away; the cattle were driven away, and some of them killed ; and the peo|)lc who tried to recover them were fned at repeatedly by a party of armed men, composed of free Canadians, and the clerks and servants of the North- West company. In short, they were at last ordered by Cameron to leave the country ; and they attribute their |)crsonal safety and tlie security of their property to tbe appearance of tw o Indian chiefs of the Saultaux tribe, with their young men armed, who came forward with offers to defend them against the Canadians, and escorted them about fifty miles down the river to Lake Winipic. Several of the buildings had been destroyed during the disturbances ; and the day after the forcible removal of the settlers, a party of people headed by the clerks and servants of the North- West company, burnt to the ground all those that remained.
I inclose copies of a few documents, wliich I have selected out of a great number in my possession, as sufficient evidence of the facts which I have stated.
Notwithstanding these disturbances, the people contrived to sow about forty bushels of wheat and barley, and to plant about one hundred bushels of potatoes, liy a letter from Mr. M'Leod, a clerk of the Hudson's Bay company, who bad been allowed to remain with a few men, the crops were remarkably promising as late as the 5th of August ; and according to the returns which had been obtained in former years, of from fifty to sixty for one of grain, and from forty-five to fifty for one of potatoes 50wn, they might be expected to produce about two hundred and fifty quarters of tlio former, and one hundred tons of the latter. On the "th of August, the settlers who luul been forced to remove to the north end of Lake Winipic, left that place on their return to the settlement, to the number of fifty or sixty persons, including women and children, and about ninety emigrants, who arrived in the end of August at York Fort, also proceeded to the settlement. I am api>relicnsive that the.- people may be again disturbed in their peaceable pursuits, and jjcrhaps again oriven from their houses and lands, unless they arc protected by a rcgidar military force. I believe, from all the information that has reached mc, that a very small military force would be sufficient for the purpose. I apprehend more danger from the machinations of these " Voyageur Captains," than from any other description of people in the coun- try, if left to their own natural dispositions.
Intelligence reached Canada of the destruction of the colony ; but I do not think it possible that any account of the return of the settlers can have been received there; and in this case, the governor of Canada will jirobably not think it necessary to aflFord the protection which he was iustructed to give by Lord Bathurst last Spring;
584. N I have
4i PAPERS RELATINOTOT HE
I have therrfure to request, tlmtyou Mill have the i^ucnlncss to apply to hit Lordtliifi tu renew those iiutructions under the pn-.-wiit circuiiMtanceH ot the colony.
I have tiic honour to be, Ike. >
(Signed) A. Cekile.
To the Governor, Deputy Governor, nnd Committee ol' the lludsun's Hay Company. , , .
Inclniurc
(3) in Earl Untluirtt'i, •f till Juuuitty 1I16.
Jnrlofiurtt (4-)
Inrlnure (5)
To the Servant of the Ilunourabiu iIudaon'» Day Company, and Hioao of the ^iettlcuH-nt of Ucd River,
y\y Lnds,
YOU have once already been fully apprised by {i gentleman here, that in all our endeavours to bring tiie prisoner, Mr. Kldes M'Donntll, to justice, the smallest Intention to injure your jHusons, public or private property, us well as that of your employers, was never by me in contemplation. .\» several of you were not thou present, and arc probably timi' deliulal by your employers, by advising yon to act contrary to law, 1 tliink it necessary once more for till to advise you, us u fellow subject, to pay due respect, submission and obcdivnce, to the laws of our blessed constitution. And I further declare, that uny person who shall be found in future attempting by any means to rescue utid screen tiic prisoner from justice, shall Iks innnediately considered as accomplices in his crimes, and treated accordingly. That your own good sense and judgment may dictate to you, free of party s|)irit, a trii« sense of the impropriety of violating or acting in direct opposition to your country's laws, is, my lads, tlic sincere wisii of your well wisher,
(Signed) D. Cameron, Captain Voyagcur Corps, Red River, Indian Territory,? Commanding Officer R. R.
7Uj June 1815. J
Sir, Fork of Red River, 3d April 1815.
As your field pieces have already been employed to disturb the |)eacc of Hit Majesty's loyal subjects in this quarter, and even to stop up the King's higtiway, I have authorized the settlers to tnkc possession of them, to bring them over liere, not with a view to make any hostile use of them, but merely to put tlieiu out of harm's way ; therefore I ex(M'ct that you w ill not be so wanting to yourselves as to attempt any useless resistance, us no one wishes you or uny of your people any harm.
I am, &c. Mr. Arch* M'Donald. (Signed) 1). Camertm, CapUiii V. C, ,
George Sutheriand, senior, lute settler of Red River, snith, that on 01- about tb4 4th day of April lust, lie and .Junics M'Kuy, settler, received a note by John Matthison, &c. the following of which is a copy : —
" I do hereby order James M'Kay and CJeorgc Sutherland to pre up their muskets in the King's name.
(Signed) " D. Cameimi, V. C." . "
Do(K)ncnt would not obey the order, ^fattllison then wanted to know wliero his musket was; and as deponent had it cuneealcd, he would nut tell him: on or about the i^tli day of April last, a party of lute settlers and Nolth-^V'ebt company's servants, 6unsisting of ubout thirty men, entered deponent's house, took out ku musket, and gave it to George Campbell ; deponent asked it back several times, but could not get it. Robert Gun threatened to tie him down on (lie s|)ot, until people should relieve him : George Campbell threatened to lush him on one of the sleds, and carry him a prisoner to one of the Norllj-West company's forts, aiul William Sutherland presented liis gun at him.
Deponent also heard tiu' same party tlireatening to take ofi' his head, Alexander Sutherland's and John Smith's, if tliey should see tlicm about Red River store. Several of the late settlers repcutedly came to deponent's house with messages from Mr. Duncan Cameron, that lie would still tukc him with the rest to Canada, if l:c would go.
On or about the 1 itli of June last, deponent, Adam Sutherland, his brother, and Allan Smith, went up to the governaicDt-iiouee, iuul when tliey returned home, they,
were
f
I
nr-D RIVER SETTLEMENT. 47
wen toM by John Smith, ,sottl<'f, thnt the rest of ihf scttltTs hail bftrii tnkm «way hy « party ot' North-West rompHny's srrvHuU anil linlt breeds, ruiiiiiiamled by Mr. Lachlan M'liTun, a clerk in the service jit'thc North-West company, to an encainp- nirnt thoy hail lormcil at the Froj» Piiiin. Whim «lo|)onont, Iuh brother, and Williani Smith arrived ut their hoiine, they louiid their ^m^J^"p■ packed ii|>, and Noine of tlic Nwth-Wegt company's scrvanls nn"d iwlf breeds sckhi afterwards arrived, and forcetl tlicin also to ^o to the encampment of the Frog Plain. The Honic party took <icponcnt'H tradinij i;un and powder Imm, whicii were never retnrned. Deponent declares, thnt Mr. Alexamlcr M'Donne.ll, u particr of the Nortii- West company, uho had the command, went into the tent uliere the settlers were, and told llMsni as they wore countrymen of his, he wonid lie candid wiili them in teliini? them that they (viz. the North- West company) wore the means of saving them from the half breeds, as it was quite uncertain but that they would kill lliein in tlw night, if thuy remained in their houses any lon;.;cr.
IJcponent altto suith, that Mr. Alexander M'^Donnell sent Mr. Lachlan M'Lcnn fur a piece of paper to write down tlicir names, and he be|{un ut the ton with " pri- soners of war," w itii titeir name« annexed ; after thi«, deponent heard \ir. Alexander M'DooDcll saying to Mr. Luchlan M'lxan, in English, to tell the settlers in Gueli(^ that it was of no use to conceal any lonuer w hat their intentions were, that they would take them prisoiK-rs to Canada if they did not consent to go as the others did : depo- nent answered, if he was obliged to go he would rather go as a prisoner, as he knew there was nothing against him. Deponent always argued in behalf of tlie rest, and at last he was told by Mr. Alexaiuler M'Donnell, that he was a devil of a brut of a boy, and as he was yoijng, what sense had he more than the rest.
He then gave deponent and the rest a few minutes to make up their minds what to do. Deponent then called Allan Smith out of the tent to consult w ith him, but *'as soon told by Mr. William Shaw, that Mr. Alexander M'DonncIl wanted him. A man under the name of aconstaMe then clapped his hand on dn nent's shoulder, «nd Mr. M'Donnell told him, that he was a prisoner in the King's imme. De|K>ncnt arguing w ith Mr. M'Donnell, was told by him, if he did not keep quiet, that he would get him stripped, and would make the people in the camp flog him. Deponent was then put into a separate tent from his friends.
Mr. Duncan Cameron arrived at the camp, and incjirired where deponent and the settlers were. Deponent answered, and went out. lie was repeatedly told by Mr. Duncan Cameron to be silent, if nut that he would be put in irons; a rew days oiler that, deponent was removed to a camp where the North-West company had erected a battery, close to the government house and Red River settlement. The camp consisted of about sixty men, North-West cmpany's servants, half-broeds, and eome of the late settlers and servants of Red River settlement, under the command of Mr. Alexander McDonnell. Deponent then observed two of the colonial field-pieces placed on the battery. Deponent heard Mr. Lnchlun M'Lcan, Donald M'^Kinnon fuid others, saying that they would have Captain McDonnell dead or alive.
After deponent wns liberated, he went twice to the North-West company's fort for Wh trading gun and his l)rotlier'8. Mr. Alexander M'Donnell told deponent he was such a good lawyer himself, that he would not get the gun till he tried it.
Deponent called some of the people around him aswitnesses, that his private pro- perty was taken from him by force.
(Signed) Sworn at Winipic settlement, Hudson's Bay company territories, this nth day of August, iSi,';, before mc (Signed) A. MDomUl.
Witnesses, (Signed) JiwmJl'hitc. Surgeon.
Jit P. liouvkt.
George Sutherland,
My Lord, Red River Settlemerrt, .^tb August 1815.
I last ship-time was honoured witli a lettei- from your Lordship, covering one of recommendation in my favour to Thomas Thomas, Es(j. for which I humbly beg leave to return my sincere tliauks; and I certainly feel myself bound to act with fidelity, not even to the honourable Hudson's Bay company's concern, but likewise to your Lordship's. It wos my having seen a little of the intrignin-: manceuvres of the North-West company, that detained me from going dowui to York last year.
5^4. I last
Inclosure ((i) in F.iirl Hatliurst's, of 8(Ii Juiiuury 1816.
48
PAPERS RELATING TO THE
Iiiclosure
;;)
in F.url liathursi's, of Sill Juuuury iSlC.
.! '
I last February was sent by ("aptiun M-^Donnell on a mission of peace to a parcel of freemcn-srrvants of the Nortli-U'est company and half-breeds, woo were assembled in arms in the plains near my winterinj; |H)9t nt Turtle Iliver; ir, place of Iwirig received peaceably, I was met in u hostile manntT by 27 men a'med with puns, speiirs, and bow* and aiTows. One of them presented his ^un at me, but another lundcred iiim from tiring ; they took possession of my slc(l<;e a'.id dogs, and detained inc among them for six days, when I was released at the requcs^i of the Indians. During my detention I was informed by one of the armeil psrly. ihat tiiey were determined to kill Captain M'Donnell and me likewise, for fear I should relate any of their proceedings, and then t; ke possession of all your Lordship's property in lied River; this I have more fully explained in my deposition to Captain M'Donnell. All this must have originated with Duncan Cameron and others of the North- West company; and I am really sorry, that they have by delusive urts so far accomplished tlieir design ; but 1 hope matters will yet be better.
I think no settler who would sec the beautiful appearance of the crops at the present moment, could be prevailed upon to leave the place. Ai no vestige of a colony Mould be allowed to remain, I was by Mr. James Suthcr'and's request, left liere in the nanio of the Hudson's Hay company, to act for it and (lie colony, with only three men to look after tlie crops. Next day, after our people's departure from Jiere, there came from /fO to ,50 men, led by someofthe North-^Vcst to.iipany's clerks, and set fire to all your lordship's houses ; they did not even give me time to remove the whole of the little goods left with me for the Indian trade; they cut the walls to the wind- ward whilst the leeward side was in flames, threw out tlie goods in the plains, pillaged .'.veral articles, took all the colony's horses and those belonging to the Hudson's Bay company, left at this place, which I next day saw in the North-West company's fort. I denianded the Hudson's Iky company's horses, but could not get them. I have since interrogated some of the half Indians, who said, all that they had done against tiie coiony was at the request of Duncan Cameron and others of the North-West comijany, and tliat all the horses were given to them by Duncan Cameron and Alexander M'Donnell, jKoprietors in the North-U'ost company, with the three men Jeft. I hHvc.gotthe &o\>ingsot juc hundred kegs of potatoes, weeded and bocd. They are now- busy making ha< . Seeing titat the crops would be useless withu^t a house, I have been induced to begin to build one without orders from mysupcrioia. I am noi< building a house 40 feet lung, 20 wide, and 16 high. This may be disapproved of; but to defer it till the arrival of the boats, would be too late for the people who may come up in tiie full.
I have the lionour to be, &c. , The Right Honourable the (Signed) John MLeod.
Earl of Selkirk.
Sir, Red River Settlement, 5lh August 181.5.
I l)eg leave to inclose you a letter I last full received from the luirl of Selkirk. I intended to have gone do«nmyse"' to F, but Mr. Jumes Sutherland having requested of me to remain, and not wishing to take any advantage of the times, I complied with his n ()uc3t. Next day after that of the departure of our people Iroiu here, there came ^ivim 40 to 50 men, led by some of the North-West company's clerks, who set fire to all the houses, 'lliey did not even give me lime to remove the whole of the little goods left with me for the Indian tr>ide. Tluy cut tlio walls to windward, whilst tlie lee side was in flames, destroyed and plwndtiod the goods, and took all the cou)pany's and colony's horses, which 1 afterwards .sau in the French fort. I went there, and demanded the company's horses, hut could not get any of them. A freeman, named llotins, razed to the ground u new houic I built last fall at Turtle River; I should like to know if any thing will be done to him for it.
I last Fibruary i-ent to see a stagi; of meat I had iu the plain, and at the same lime carried with me a letter from Captain M'Donnell to a parcel of freenieri and servants of the North-West company, who assembled in arn)s; and, in |)lace of receiving nie peaceably, met me in a hostile maimer, in number 27, men armed with guns, spears, and bows and arrows. Tliey took |)ossession of my sledge and dogs, and detained me six days ; at the end of which space I was released at the request of the ludi.ms. During my detention, I v\as int'ormed that if they got hold of captain M'Douuell they were determined to take his life, and likewise to kill me, for fear I should relate uiiy of their proceedings. I have this day dci^anded of a half Indian
a marc
ICC to a parcel vcic asscinblod place of Iteiiig ic(l will) ^Mtis, c, but another , and detained idians. During ere determined [e any of tiieir in Red River ; incll. All this l^cst company ; inplished tlicir
s at the present ;e of a colony •St, left liere in with only three om here, there :-rks, and set fire nove the whole Is to the wind- plains, pillaged i Hudson's Bay company's fort, them. I have id done against e Nortli-Wcst Cameron and 1 the three men :ded and bocd. eless withii^t a 1 my superior a. Tiiis may be too late for the
hn M'Lcod.
RED RIVER SETTLEMENT.
49
E marc that I bought myself last winter at Turtle River. lie answered, 'vhen the rest of ilic !iah-hreeds would give up their horses he would give up his. Nothing will humble tiiem here but a superior force. Duncan Cuuieron, when leaving this river, came lo reprimand me, and said, i" we dared to otl'er his people any violence he would revenge it on his return in the fall. When he was going, he told all the half- breeds lo keep the horses they had taken from English people. All that we have saved of the crops is in a beautiful state. The three men who were left with mc have get the sowing of lOO kegs of potatoes, weeded and hoed ; and there arc the finest crops of wheat and barley tliiit ever I saw.
Seeing that the grain would be useless without u place to put it into, and that it would be too late to defer buildin!» till the arrival of the boats, I was induced to b«^in, and have got up the beams and posts of a house 40 feet long, 20 wide and 15 high. It is certainly looking too much upon myself to begin this witliuiit orders ; but I was so grieved and afflicted to the heart to sec the company's propLity thrown to the plain, and exposed to robbers, that I was resolved if I should pay it all myself to build another as good as theirs ; and if they do come to burn it again, while I am here, I shall certainly have one of them.
• If there were a still here this year, there would be no occasion to bring any brandy to this river. I heard from Brandon House a few days ago, they were not molested there. ,
A French canoe arrived here 14 days ago, with liquor and tobacco, which they immediately sent to River qui Appelle. Grant is now Martin; he was
the first man who set fire to our houses. A supply of liquor is wanted very much for Brandon House, to make provisions for (he boats.
I remain, &c.
Tho' Thomas, Esq.
(Signed) John M'Leod.
Inctnsure (8?
The Complaint at.d Information of Mr. Alexander M'Lean.
Who suith, that on VVedneaday the 7th instant, about 4 o'clock p. 11. as de|X>nent was taking a ride on horseback, accompanied by Mr. John M'Leod and Duncan '"^"f' ""'•mrsfs, RrNaughton, when nearly opposite the Frog Plain, he observed a number of peo|)le \^i6. '"""'^ approaching Duncan Mac Naughton, and calling stop, stop. At this time, deponent heard the party give tiie war-whoop, and saw the said Duncan .M'Xaugliton flying, and the party pursuing him, when several shots were fired at him. As the said Duncan Al'Naughton came up to deponent, several shots were fired, soni^ of w hieh fell close to deponent
(Signed) A. M'Lean,
Sworn at Red River Settlement, this 8th day of June 1815, before
(Signed) Miles M'Doimdl. ,
id at the same freemen and I, in place of DO armed with dge and dogs, the re(juest of old of captain II me, for fear a half Indian a ware
Mr. Alexander M'Lean, lute settier, Red River, snith, that Mr. Duncan Cameron told him, that any of the settlers who would go to Canada should have from the Norlh-We-a company, 200 acres of land, I 2 months provisions gratis, mid a free pa.ssarc. Mi-. Alexander AJ'Lean was also tokl, by the said Mr, Duncan Cameron, tliat he would jiledge the word of the Noitli-West company for the fuKilmciit' Mr. M'Lean also deposes, that he himself has at ditVereut times, been solicited by Mr. Duncan Cameron, IVIr. J. Dugald Cauieron, i)aitner.s of the North-West com- pany, to leave the Red River settlement, and as an enticement for him to do so, was otteicd between ;C. -00 and /. 800 sterling; besides, they promised tliat !io should be pliiccd in an independent situation. Mr. Duncan Cameron also promised Mr. M'Lean j^. 200, out of his own pocket, aud his servants wages to be paid for three years. Mr. J. Dugald Cameron told -Mr. M'Lean, thu. ways and means were taken for the destruction of the colony in less than two years.
Mr. M'Lean further <leposes, that on or about Thursday the 22(1 day of June last, a party of hail- breeds entered his house, aiul what they said was intefprcted to hiui by Sally Fidlur. That he, with his wife and family, must leave his house, or else it would be set on fire alwut thoir heads. The ne.it day, Mr. M'Lean removed to the
5''4- O government
Inrlnsure (9-)
i
ili:
Jnrli'fiirf
in Tail r..illiiirsi lit Mil J.iiiiuiiy |Hl(i.
I." .1
Iiifl.iMiif
tmlm Iff
no
P A P K R S II E L A T I N O T O T 1! l'.
iIofcmmpiUhoiiM', with llic Rirater pnrt of \m propeiiy ; hiuI tin Satiinlny foII()wii)j», iio hull Ihc iiiirt&irtune to hco their threats Hccuinplishcd. Iiy his Iiuum; huiiiK hiiriit to tlic grunnJ.
Sworn nt Wiiinipii' sitiirmrnt,"] II. n. co's tci ritorits, this jtl. (• tiny of Aiii5"st, h('fi)rc me, J Witnesses, (SigiHtl)
(Sigiicil)
(Si};iicil) A. M'Lcuiu Archibald M'Donald.
('. Iii>fi!i;'.'mi, James ll'hitv, Siirgi-on.
' 1'lic ('Oiiiplaint and InfiirniHtioii of Duncan M'Naughton.
Wlio snili), tlittt on Wednesday tlu- 7lh instnnt, tihout tour oViocrk v. nr. n» dc|>o- nent wii,-* taking u lidc on hoi-tehaek, uceonipaniod hy Mr. Alexnntler M'J/nni and John M'l/Hxl, «hen nearly opptisile the I'rot; I'hiiii, lie uinl hefore the aforesaid persons, and ohservinj; tiie ,.atle heloniiin^ to the snid AU'xantier M'Fxan, ho npproaelied towards them with the intention to drive them home, hot was pursued hy a i;reat nmnher or people eryini; stop, stop. As the parly came near deponent, lie asktii it lliey were goinn to keep the eatlie. The re|)lied, oui, (mi, yes, yes. Deponent then hearing tliei-i ^ive the war-whoop, (led as (]nick as possible, when a ^reut mmilier uf shots were lia'd at him, and some fell close to him.
(Signed) Duman M" Naughtm, Sworn at Ued River settlement, tlic
;)th day of .lune i8i ',, hetore . " .
(Sijiued) Mikt M'DoiimiJ.
Tlie Complaint and Infornjation of Mr. John M'I/:od.
1 )'.'|K)iHint ileelares, that on M'ednesilay tlie 7lii instant, ai)ont four o'eloet P.M. n» he «a> takini; aiideon liorsehaek, accompanied hy Mr. Ale.xander M'lxan and Duncan M'Nauijliloii, when ntiarly opposite the IVog I'hiin, he ol)scrvc<l a large parly ol people ; lieard Uieni give the wur-whoop ; then deponontsaw the said Duncan ArXau^hton tlyin^, and the |mrty pur.suing, when a nmnber of shots were fucd at iiim. (Signed) JoAn M'Leod.
Sworn nt Red Hiver settlement, this 8th " * " '• ,-• ■''
day of June, I Si;,, before • • "
(Signed) Miles M'lhmtcll. •.■ '
■' • i
T\k Complaint and Information of Mr. John V/nrrcn, Ovcrscfr.
W!io saith, that on the ipth of March last, when on his wr.y from Fort Df^jr to Turtle iliver, accompanied hy James M'intosh, I'att Ijuin, aiui .I.,;;«'s l!,irr, con- tiiictcil ^(lAalll^ol tin' Hudson s Bav comphny, he was attacked by a purty of the late >(lll('r> lu'ic, North-U'est company s servants and Canadian freemen, headed hy Mr. Cuililidl (irant, u clerk in the North-West company's service, all armed, amounting to ahout J7 [MMsons, as tleponent deposes. Dcponer* ohservinf; the party, struck off \lie coniuion tr.ict, ami immediately they pave the war-whoop. As Mr. Culhbert (irant wa^ appuKii liini; de|Hincnt, he was told hy him at his (K-ril to come no nearer. Mr. C (irant called ilepouent u d;nnnc<l rascal, made the party surround him, and told (h'lHinmt to jjive himsell uj>, which he relused to do. 'I'hcn the party levelled iheir pieces nt deponent. Dciwncnt. after kccpinij the party off a considerable time, wag .•It l;ist. with the afor«>aid J. M'Iniosh, Patt Quin, and James Uarr, seized, disarmed and cariiedu prisoner to the North-We.'.t company's fort at Pembina.
(Signed) John U'arrcn.
Sworn at Red River .settlement, the 8th day of June 1815, befoic
^^Sigiied) Miks .}tJ)onmll.
Alexander Sutherland, late "ettlerof Red River settlement, «aith, that on or about the (Sill drtv ot April last, a numlter of the lale settlers and servants of the North- Mist eunipany. amountin;? to alwut f,o |K rsons, arrived at deponent's house, and (UuiHiidid his musket, which In; would not i;ivi\ l)e|K)nent then saw Hugh Rajincr- luui) giving (ieorge Sutherland's musket to William Sutherland, which he took with him. (Jcorge Sutherland re|)eutedly asked it back, but to no purpose. Deponent lurthcr dcclatu, that titc same party Uueatened, that if they aiw itiiu ue«r the Red
lliwer
->
■
m
Dp;;!- to
:.irr, coii- of llic Into d by Mr. inountiiif; struck off
rt (JrHiU •cr. AJr.
nnd ti>k{
i({| their time, \\H»
(lisHrmi'il
UED IIIVRR SETTLEMENT. H^
Kiver store, that he would be llic very first man that they would level at. Deponent saw Geo!«c Sutherland f'ollowin;^ the party up the river, and he soon returned without hisuiusket. Deponent niso drriarcs, tiiatonorabout the nth day of June last, Mr. , Lachlan \i'Lcan, clerk iu the service of the North- West company, came to deponent's, house with a party of about i,', men, North- West company's servants and half-breeds, and requested that deponent and the rest of the settlers sliould immediately leave thjir houses, ai.d ro down witli them to the Fro<» Plain, as to-morrow they intended to ainasit Captain IvM>onueirs house down to the ground, because he was not giving himself up. Dcpt/uoiit was deprived of his gun by them, and he and the other settlers were taken down to tlic caini> »t the Frog Plai'n. Deponent afterwards returned witli a eart for hi. biggagt , escorted by one of the North- West company's servants ; tiiui as deponent «as retlirning before the man, so as to reach the house before him, the said North-Went coinjtany's servant uncovered his gun, and presented it at de- ponent. After deponent, returned to the encampment, !Vlr. Alexander McDonnell of thLi North-West couipuny, who had the counnand, got a piece of paper, ami wrote down deponent's naini! and the other settlers. He then gave deponent and the rest their ehoiec either to go us freemen to (Janada, as the others were going, or to go as
i)risoners. Deponent said he would rather go as a prisoner than in any other way. Sir. Duncan Cameron arrived at the camp, and abused deponent and the rest of the settlers, saying that he would seethe whole of them hung yet for tlieir conduct, and then ordered Adam Sutherland into confinement. Deponent declaiCB that he saw two of tlie colonial artillery placed on the battery at the Frog Plain. ^^^^
(Marked) Jlex. X Sutherland.
iHttrlc Sworn at Winnipic settlement, Hudson's Day com|)any's
territory, thi« 1 1 ih day of August 1 8 1 f), before
(Signed) Arcii'' M' Donald. . . - ; - ; .; ,.... ,c- IN (Jaiues IVItiUy Surgeon.
Witnesses, {^^S^'^'^) [j,p,Bourk^. , -
Having received a wound in the leg from a ball fired by some one of North-West company's servants or freemen, and being ia consequence unable to proceed on llie journey to York factory, I was left at the colonial establishment Red llivcr, and on tlie Jijth day of June last, when sitting on the bank of the river, ii: fiont of tho government house of the lied River colony, I saw two canoes manned with about 20 luen, passing up the Red River. When these canoes came optiositc tlie governnient buildi igs, which had that day been set on fire hy the Nortii-W ompiuiy's servants, freemen, and others, and were then in flames, Mr. Duncan Cbuh ion, who wu^ in one of the canoes, seeing the government house, farm house, ami uilicr builiiuigs, burning, took oft' his hat, waved it over his head, and jiuve repeated huzzas A |K'r- son in the other canoe, who I think was Mr. Alexander M" Kenzie, un aj^ent of tJio North-West company, also took off his hat and huzzaeil.
Sworn before me, at Lark River district, (Signed) Fiaitfois JUongunicr.
Hudson's Day, •i4th .Tuly 1815.
(Signed) Thomas Tliomas.
The Complaint and Information of Duncan M" Donald, contracted Servant. Who saith, that on the night of the i.st of April last, ns he was proceeding from Fort Dacr here, in company with James M°Inlo,sh, when opposite the North-West com|)any's fort, at the forks of Red River, Mr. Duncan Cameron, at the head of a pinty of armed men, accosted deponent and the said James M'Intosh, and wished tlicm to go in and get a dram ; deponent relused, telling him it was late, and that he wished to get home as soon us he could. ISut on Mr. Duncan Cameron saying he would not keep them long, they then consented to go in ; when deponent went in, the said Mr. Duncan Cameron a.iked him, if he knew this man, vi^. lSouc':>' ; deponent replied he did ; then Mr. Duncan Cameron told deponent, as he had been saying to liouchd', that Captain M'Doimell was right, and knew what he was doing, he would Iveep him till he changed his opinion, and tiiat he would let both Captain M' Donnell and him know, that they were wrong. On the afternoon of Monday the 3d follow- ing, the said Mr. Duncan Cameron told deponent and the said J^imes M'Intosh, that
Iiiclosiire
(14) in I'.iil I)^illiur8t'% ut' Sth January iHid.
Iiiclnsiira C15)
tJicy were ut liberty. . Sworn la Rcii RivtT Settlement, 27tti day of May i>Ji5.
(Signed) 584.
(Signed)
MiUi M' Donnell.
DiuwHH M'Dontwlt.
5*
PAPERS RELATING TO THE
( 1(11 in r.ail IVitliiirsl's, ('I Sill Junuiuy
•Inrlosnri («7.)
liirl.mire
Tlic Complaint nnd Information of John Scnrth, contracted Servant. " ' '
M'ho suith, tliKton Tiuirsilay tiie -J.'itli instnnt, about 9 o'clock a.m., when abouC hall-way between this phu-e and the Norlli-W'est company's tor!, at the fi)rks of Ueii Kiver, deponent fell in with a hirj^e party of the hUe setlhrs here ami \oitli-West cuinpany's servants, consistin<! of abciul 34 persons all armed with muskets ami bayonets; Hector M' Donald, late settler, beiufj r)ne of the party, laitl hold of depo- nent, and told him tliat he would carry him a |)ris(<ner to Mr. Duncan Cameron; deponent told the said lleelor M' Donald, that he had no business with, him, and to let iii:ii aloiie. The said llei" r .M' Dunaid, however, persihted in carryin^f di'punent to the sitid Mr. Duncan \.^an.erun, and being aided by the rest, forced hint to the North-We.-t company's lort.
(Signed) » John Sea ifi.
SHorn at Red Uivcr Settlement, the 2,>lii . „ ;
day of May 1815, before nic, ' . - jr
(Siyicd) Miles M' Donnell. • ,,( s.t
The Complaint and Information of James M'lntosh, contracted Servant. |
Deponent declares, that on tlic nif^ht of the 1st of April last, as he was proceeding from Fort Dacr here, in eom|)any with Dinican M'Donald, when opposite the North- Mcst company's fort at the torks of Hctl River, lie was accosted by Mr. Duncan Cameron iit the head of a party of armed men, who several times asked deponent tor ^o in tO!;et a dram, whiili they rtlused: but on Mr. Duncan Cameron teiiiiig them tliat he would not keep liiem lon<;, they consented. After they entered the fort,, some words took place betwein the said Duncan M' Donald nnd a Canadian, wherj' Duncan .M'Donald told the Canadian that ca|)tain M'Donnell was rif;ht, and knew best what he was doing. Deponent heard Mr. Duncan Cameron tell Duncan M'Donald, (hat it that was liis opinion he would keep him till lie changed it, and hv Avould let l)olb him and captain AI'Donnell know that they were wrong. Deponent then saiti to Mr. Duncan Cauieron, he hoped he would not keep iiim, to which Mr. Duncan Cameron repKed, that he would keep both of »hem. Deponent then asked iVir. Duncan Cameron, lor wliat reason he detained iiim : Mr. Duncan Cameron' answered, that he knew best himself. On .Monday the 3d, following, the said Duncan Cameron told deponent and tl»esaid Duncan M'Donald, that they were at liberty.
(Signed) James M'liitoslu
Jlcd Hiver Settlement. Sworn before me, this 15th day of May, iSi;,,
(Signed)
Mtks M Doiiitdl.
' Information and Complaint of Mr. James Wh'rtc. •
'Who declares, tiiat on the night of ^\'ednesday the .5th .April instant, about 8 p. m. a nundjer of settlers and servants of the N'oiih-W'est company, well armed, amount- in|X to about lilty. as deponent sn[)p(is( >, nnide their iippiaranec before om- windo\v« and door, when (leorge (.'ampbill, a seltki in tlii> colony, looked through u small pana lit gia^s in one of the windows, and ealh il for .Mi .M'Donald, wishing him at the same time to go out to the door and speak to Iiim, which Mr. .M'Doiiald rehi."d • (icorgo ('■implicll then said, that we want yon to give up Donald M Kinnan, but Air. ^M'Donald told him that he woidd not ; (icorge Canipbell then replicil, if you ilo not give up Donald .MMvinnan, we shall break open your doois : Mr. M'Donald told him to take care what he was about, and at his peril to do il : .Mr. M'l.caii then went to one of the windows, and deponent heard him tell (iconic Caniplidl to speak witli reason, and that he would l)c heard, when Cuthbert (irant rc|)lied " no rea.son here." Deponent then heard some of them threatening to iireak open the windows; ihey instantly broke open the outer door and tlie mess-room door, in whicii Messrs. Archibald M'Donald, Alexander M'Lean, deponent and prisoner, \\cn\ (icorge (Jampbell, Cuthhert (irant and Will .thaw, were the first who m. ' ■ tlu ir appearance, followed by a great numl)er of people. In such u crowd, it was iiiipo>sihle lor depo- nent to recognize every one; however, he observed Uobert (inn and .lohn Hasset, f<cttlers, and I'cter I'angman, Hostonois and Houch^', servant if the North- West company; Cnilibert (irant had no sooner entered the nwni. than deponent heard l:iin ask Mr. .M'Donald where was his vvarrant tor apprelien'hng Donald M'Kinnanr Mr. .M'Donald rehised to show the warrant, and, taking up M' Kinnan s contract, auid, tiial that of itself was a iufiicicnt warrant for apprehending him. Cuthbert
(irant
hi
RRD RIVER SETTLEMENT.
53
«l)en ahoiie
N'oi III- West muskfls aiul old ot (iepo- 11 C'uiiiLToii ; i>. Iiiiii, und
in CHrryiiij" , lorcctl liiiu
u Sea th.
crvaiit. ,
5 procerdiniT the Nortli- \\t. Duncan lepoiu'iit to tellin;^ them L'd the fort, uJian, when and knew ell Duncan d it, and he* Deponent ' which Mr. then asked 11 Cameron' aid Duncan It liberty. I'Jutosk
lOUt 8 p. M.
'd, iimount-
n- «indo\vi
smsill pauo
lit the same
1 : ("CO rue
I, i)nt Air.
vou do not
oniild told
I.<':in tiien
11 to speak
no reuson
windows;
•ii Messre.
(•cortie
'poiMaiice,
lor depo-
u) Hasset,
irth-W'est
ent heard
['Kinnan~
contriut,
Cuthhert
Ciiaut
Grant ill a finio\is nmnner aiuswcred, " duum your contract :"' deponent told Cuth- hert (inmt lliat Donald MMvinuaii was a contracted servant, und that lie had no business with him : the saiil Cuthbirt (iraut even threatened to carry off deponent as u pri'^onci. (ieorfje Campbell then addressed Mr. M'D(jnald, havini]; a cocked jiistol in his hand, and Mi. M' Donald t«ice told him to take care what he was about when the said Georiie Cam|ibell halt-cocked it. In the course of conversation wiiich |)asse(l belaeen Mr. M'Donald and Mr. M'Lean, and George ('umpbell, deponent heard the said Geoif^e Cu.npbell speak disrespectfully of Mrs. M'I.e»n, in a very an>;rv lone of voice ; some of them then look hold of the prisoner, and pushed iiim out at the door; as they were fioini; away, deponent heard Mr. M'l^an telling Ilostonoi"! that he would call on him hereulter as a witness : (jeorije Campbell, Cuthhert (irant, and Will Shaw, as they were goinj; away, turned round and said that tlicv supposed we knew tlieir names. Alter they reached the river, deponent heard a iuimi>er of shots, by way of exultation, as he supposes, for what they liad (lone. .\> some of them uere apparently intoxicated, viz. George Campbell, Cuth- hert (irant, and William Shaw, and from the ferocious aspect of the whole of thcni, deponent had every reason to think tliut his life was in the most imminent danger.
On Tluirsdav tiie (Itli instant, ]\Ir. Courke and deponent had some conversation with Heyinan Sutherland, settler; when deponent interrogated liim by what au- thority he broke into our house, he rejilied that Captain Cameron gave George Campbell a variant to do so.
(Signed) James JVItite.
Swoin before me at Red River settlement,
this 8tli day of April 1S15, . ' .
(Signed, Miles M Donncll.
The Complaint and Information of Pat Clabby, Herd.
\\'1)0 sailh, that on Wednesday the 7th instant, about .^ o'clock p. jr. having learnt that the eattle, viz. three cows and two bulls, were down at the Frog Plain; deponent went with the intention to biing them home. As deponent approached the encampment of the Canadi,in freemen and North-West company's servants, he was accosted by Mr. Alexander .M'Donnell, North-West eompnny, who said he supposed that depiiiieiit was come for the cattle ; deponent replied, that he was. Then Mr. Alexander .MM)onnell ami Mr. Lnehlan M'I.ean spoke to some of the half- blooded Indians, who said, they did not care a damn for captain M'Donnell, or any otiier person. The said Mr. Alexander M'Donnell tiicn told deponent, that if ho sent (lo«n some tobacco the cows would be given up to-morrow morning. Wiieii at the incampment, deponent saw the flesh and hide of one of the bulls, which he learnt had been killed. Mr. Will Shaw, a clerk in the service of the North- West eom|)any, was seen by deponent amongst the party.
Sworn at Red River settlement, tliis 8th day of June 1815, before me,
(Signed) Miles MDomidl.
his
Pat "/*, Clabhj, mark.
Inrlnsurt
in r.iul Balluirst's, nl' 8lh January 1S16.
The Complaint and Information of Michael Kilbride, contracted Servant.
Deponent declares, that on Monilay the 3d April instant, about one o'clock, v. y\. (ie()r<;e Campbell entered the servant's house, and told him that they were going to take away the lield-pieees. Deponent told the said George (Jampbell that that was a bad business; Campbell replied, that they could not help it, as it was captain (J:imeron"s orders, that the field-pieces should be tak<'n to his iurt till the settlers lelt this eountrv ; and the saiil (jew^e Campbell at the same time showed deponent u pair of pocket pistols, which he thinks was ilone with the intention of frightening him. Depijiient went up to inlorm .Mr. Hourkc, Imt could not liiiil him. He then saw the artillery on horse sled, (ieorjic Hannerman taking hold of a small howitzer, and I{ol)ert (jun standing op|)i)site the door of one of the store-houses, with a gun across his breast, w hieli lie tired as so(ju as the artillery were drawn away.
Immediately, Mr. Dniiean (Cameron, with a gun in his hand, was seen corning out of the woods, at the head of a party of armed nu'n. W'hen he came to the settlers, de|,onent saw him shake hands with them, and heard him exclaim, "well done, my hearty lellows! " and ask them, if there were any more. Michael Kilbiidc
f^f-^. P also
Incl'i'i? If
(,JO.J
.'54
PAPERS RELATING TO T II E
also deposes, that lie saw John Early uith Mr. Cttmcron's party, anil Don.il(l M'Kiiiiiaii, John Murray biuI others, •^uarilins the outer door of the government bnilding, during the tune the settlers were carrying away the field-pieces.
his Sworn at Rec! River settlement, this (Sinned) Michad X Kilbride,
. 25th day of April 1815, before mark.
(Signed) Mtks M'Domidl.
j„^l„5„re The Complaint and Information of Patrick M'Nolty, Settler.
(i\) Deponent declares, that on Saturday the 1st of April last, about night fall, as he
ill Kiirl naihuret's, ^^.^^ q„ |,ij, ^^^y fp^,,, p^pf jj^p,. [,^^5^ „.|,(;„ opposite the Nofth-West company's fort
18 lO.'"""^ at the forks of Red River, Mr. Duncan Cameron, at the head of a porty of armed men, stopped deponent and told him, that as he had b<>en in arms against him, he M'otiid now take possession of him. Deponent was then taken into d)C fort by the said Duncan Cameron, and on the afternoo'i of Monday the 3d following was set at liberty. (Signed) I'atridi M'NoUy.
Sworn at Red River settlement, this 15th day of May 1815, before me,
(Signed) Miks AfDuiiiidl.
No.
No. S.
Copy of p. Dispatch from Lieut. General Sir Gordon Drummond, G. C. B. t» tile Eurl Rathurst; dated 21st April 1816.
My Lord, Castle of St. Lewis, Quebec, 2 1st April 1816.
I HAVE the honour to acknowledge the receipt of your Lordship's dispatch of the ;;d of January, respecting tiie disscntions and niutuul outrages of the servants of the North-\V c>t and Hudson's Ray companies, in the remote purts of his Majesty's North American dominions; and, in compliance with your Lordship's directions, I shall not fail to impress on those companies, in such a manner as I have no doubt will have its due cfi'ect on their conduct, the necessity of abstaining from a repetition of those violences which have latterly been so fretpient a cau^e of conipluint; and I fhall convey to them the determination of His Majesty's government, to punish with the utmost severity any person who may be found to have caused or instigated such proceedings in future. I have the honour to be, &c.
The Right Hon. tlie Earl Bathurst, &c. &c. &c.
(Signed) Clorilon Drummond.
Copy of a Dispatch from Lieut. General Sir John C. Shtrbrooke, G.C. B. to the Eurl Batliurst, K. G.; dated Quebec, 24th August iSiO.
My Lord, Castle of St. Ixiuis, Quebec, 2.;th August 1816.
LMMK.niATKi.v on my arrival here, I received information of certain violenci's committed in tlic Indian coimlry by the agents or partizans of the Hudson's Bay and Noi tii-W'fit companies ; and as 1 could not but sec that it was utterly im|)ra<:licable to chick tliese outrages, at the distance of two tliousund miles in the wilderness, by iiny exertion of the military means placed at my disposal, I could only refer the nii Iter to tiic executive council, and, by their advice, 1 issued a proclomation, calling on both parties to respect the lows and abstain from such acts of violence in future.
It is witii tiic deepest regret I have now to inform your Lordship, that, even before my arrival, a serious aOray had already tukcn place in the neighboin hood of the Red River, in which several lives have been lost. ( )f this alTair the details have only hitel v reached me in the letters from the Earl of Selkirk, and (roni one of the partners o^ liie North-West company, of w hich 1 have the honour to inclose your I.ordsiiip copies.'
I feel it to be (jiiite impossible for me to apply any remedy to the evil, and all tliat remains for me is to a|)|)rize your Lordship of the event that has taken phue, and to submit, whether it might not be cx|)edient to send out eonnnissioners in the Spring to investigate the el.iiins, and adjust the quarrels of the contending parlies; or wlitthor it ii mor(! ailvisable to leave them to the decision of a court of law, before whicli the subject is, I understai\d, now pending. ^
I have the honour to be, Xc.
The Right Hon. the Earl Bathurst, (Signed) J. C. Skibrooke.
&C. 5iC. &c.
Sir,
A
11 ED RIVER SETTLEMENT.
5,5
Sir, Sault, St. Mary, aytli July i8i(5. inddsuie
I liail the honour of addressing your Excellency on the 17th of .Tune, before . j,. j'' setting out from Montreal, aiul also from Kinaston on tlio 24tli. Referring to these tV.^'e's'.of aV'!'" letters, I beg leave to ndd, that in a visit to Drummond's Island lately, I obtained August iSifi. a more important and decisive confirmation of the evidence already laid before your Excellency, vi/. the direct testimony of {^itawabitc, an Indian chief of considerable note from the Fond du Lac, who states, that early in Sjiring last year, a proposition was made to him by a partner of the North- West company, that he should lead out Ills band to make war against the Hudson's Hay company, and the settlers on Red River ; that this proposition was made expressly on behalf of the North- West com- pany, and for the avowed purpose of promoting their interests ; and that us a reward for the service required, all tlie goods then in three diflerent posts of the company were otlercd, an otter whii;h this Indian had the firmness to reject. Tiiis Spring 11 reward i.;'" Pj^ain ottered to him by another partner of the North- West coni|)any, on condition of his intercc|)ting a messenger, then on his way to Red River on my account, and robbing him of his letters. This robbery was afterwards eflected through other hands.
The testimony of this Indian was given in the most solemn manner, in full council, Iwfore Colonel Maule and all the oUiccrs of the Indian department. I understand, that the minutes of what passed have bceii transmitted to your Excellency ; and I flatter myself, that tliey will appear to you to deserve the particular attention of His Majesty's government.
It is with feelings of most anxious concern, that I have to add the information rccentlv received here, of the success which has tliis season attended the unprinci|)le>l machinations of the Noiti-.-West company, who have again ellected the destruction of the settlement on Ued River, with the massacre of about twenty of the settlers and servants of the Hudson's Bay company; among whom I lament to say was Mr. Semple, lately appointed governor in chief of the territories and establibhiiienta of the company. The circumstances attending this catastrophe, and those whicli immediately led to it, have as yet reached me only in a very imperfect manner, and through channels which cannot be fully depended upon. I have no doubt, that the North- West company are in possession of more accurate information ; but the interest which they have to misrepresent the facts, must be too evident to require any comment. Of this I am contidcnt, that Mr. Semple was not a man likely to act in a violent or illegal manner, so as to give any just gruinid for such an attack as appears to have been made.
I trust, that in the course of a few days I may obtain more complete iirforuiation on this subject at Fort VVilliani, where there are now assembled many persons who must have direct knowledge of the facts, and on whom 1 propose, as a magistrate, to call for information.
In the delicate situation in which I stand as a party interested, I could have Avislicd tliat some other magistrate should have undertaken the investigation. In this view I liave applied to two very respectable gentlemen in this neighbourhood, wlio arc qualitied as inagiatratts for the western district of Upper Canada, and the only per- sons so qualitied, who could be expected to go such a distance. Both of them, how- ever, have avocations which render it inipo»sil)le for them to comply with my request. I am, therefore, reduced to the alternative of acting alone, or of allowing an auda- cious crime to pass unpunished. In tiiese circumstances I cannot doubt, that it is my duty to act, though I am not without apprehension, that the law may be openly resisted, by a set of [leojile \\ ho have been accustomed to consider force as the only true criterion of right. 1 have llic honour to be, &c.
Lieut. General Sir John C. Shcrbrookc, (Signed) Selkirk.
&.C. &c. &c.
Sir, Montreal, 17th August 1816.
I have the honour of informing your Excellency, that in the afternoon of Thurs- day, a letnr was received from Mr. M'Cjillivruy, dated at Fort William, Lake Superior, i/th.Fuly, which came too late to admit of communicating its substance to you^' Exc 'llency by the post of that day, and yesterday there was !ii)ne from hence. It is witli much concern I have to mention, thiit hlooJ has been shed at the Red River, io an extent greatly to be deploied ; but it is consolatory to those interested in the Noitii-Vt\'st company to fuul, that none of their traders or peo^jlc were conccriietl, nor at the time within a hundred miles of the scene of contest.
i^'i- Vour
<■-■)
"■^
5() TAPr ns lir, LATINC. TO Tiin
Your r.xicllcncy Imn Immmi inriirmcd, llnit oni' Colin lltilu rtson will) a stronj; pnrly of iiKM) ill tliu M'i'vi(*(! ot' tlu< I'.iiii (li SilKirk, iiikI tliu lliiiNoirs ]>av <'(ini|)iinv, in M.iirli l;ist, sin'|ii>c(l niui citiitiiicil one l>iiii('iiii Cuiiicroii, with IIk- |ii'o|iii: niul |irii- jiciiy o) llio Noiili-W'isl compDiiy, at some ol llu'ir po^ts on tlic Ldwit Red Uivrr; mill it now iip|it<i\i'H t'roiii tiKMiltuvc H.iid Icllcr. tliitt on tlic i)|i('nio'^ ot' the ni)vi;;.iti()ii tJii'i S|)iin<^, tie Miid Colin Itolicrtsoii mid a |iiii'ty cmrird otV tlu; Miid ('aini'i'on uiiil all tin- lins of tlif Noitli-\\'«st coiniiaiiy roilirli'd al tliosi; posts, with wiiicli tlicy pnHucdcd to IIiiiImiii's IJay. 'I'lic post-t llii-y pnviously dcilroytMl.
Sonu'liinc iiDdwiiid!*, viz. in June, a parlv ot Imliiins mid liall'-l)i«'('il.s comiiif; from till' upper part of tlic Ucd Itivcr, vvilli lioixs and provisions, in order to iiuot tliu Ndilli-\\ t'st iNinoes e\pei'ti(l troiii tlit; iiiteiior. made a ciiciiil loiiiid tlie IJiiilMiirx Day t'oiiipiiiiy's post, at the lower part of the Kcd ilivi'r, lo avoid it, and hailed aintiit t>»o miles lielow to eiicump ; when hciii;^ oliserved liy Mr. Stiiipl", who styled hiin- si ll governor LV'*>er<il ol tli.it coiiipanv's estuhli^limeiiti, lie ordered his peoplt; to arm and lulliMv liiiii. 'I'liey aci'ordiirjiv iiiiiicIk d out with a pi>'ee ol imiiiioo, and direeti-d tiieir idiiic towaids tlic Indian encampiiinit. On oliservin;; this, the Indians .sent onu ol their niiinher on liorseUaek to iiieel ihi-i p:irlv, and to expl.iin iliat lliey ciimc with no evil iiitenlioiis, and without other ohjeet than ti) ilieel t'le Norlli-W'est eanoirs with provi-ions. Nolwiihslaiidin'j; thi.s assuranee, Mr, Sciiiple laid hold ol the nK's.>en- p'l's hoi'si: hy the hi idle, took Iniiii him his liiM'e, and oidired lla; party to tak(! Iiim prisoner. I'he liiJian threw himself from his horse, and sneeecdiiii; in ilisciij;a);{inj; liiiiisell, r.m olf IM j lin his ronip.miniis ; S;iii;ile oidered him to he liieil at, which they repealedly did. liv tiiit lime the oilier Indians eame up, \>lien oiii; id' tlii'in lK'ini» "ouiahd in ilu neck hy a liuilel, they retiiineil the liic, and iiishinir in upon Mr. Srui|ile's p.nlv, pill llie whole, eoiisislin^ of ahoul twenty, with himself to de.itli, «'\eepl one who w.is llilioii.
nd(
L'd in the cart which carried their ammii-
'I'lie Indians had one killed aiul one wounded, and immediately went to the liiits III the settlers, whom they ordered to tpiit tlu" coanlrv. and never more lo set foot in it at the peril of their Iik s. Tluy i;.ive permission to the settlers lo carry oil' their piiv.ite ( ir.'cts, hilt ret, lined what lieloni;ed to the i;overiii)r and lliulson's It.iy com- pany, whii h tliey (liviiled.
The settlers ;;lad to find thenist'Kcs liwited with such unexpected moderatiin al'ler so I'.it.d a coutliii, moved olV in boats to i^o to llndson's M.ty, in all ahotit l;{(i souls.
.Ml. Miles MUoni
with some canoes of Lord S/lkirk's, who wrnt from M
on-
treal larly in the season, heini; inlormed of these proceedings, returned from tlin cnlr.mce of l.'ike ()ninipijne, and (muic hiick lo St. Mary's, where liiey met his I.ord- >hip \vilh ihediMharsjed men of tlie Meuron regiment, en_M'ued liy him, and the whole rem. lined there at liie lime of the last accounts. W'ii.it his Lonlship'.s ulterior inte'i- tiiMis m.iy he, 1 know not.
'1 he talc of the deecascd is to be lamented, idtliouL;h l»ron!;ht on by a violence and imprndenee nroiieiieable only lo madness or infatuation ; hut it is sntisfuctorv lo con- sider, thai no step in the power ot your l''.\eellencv or predecessors, could h: t.iken tills season in time to have pieMiited what has happened.
o en
I ti
niiiU It my duty to put your l.Nccheiicy in possi
vsi :ii of this information.
I have the honour to lie, \(
His 1'
xcelleiii'v
Sir .Kilin C. Sherlcoiike, isce. etc ivc
(Sij^ned)
Juhn liahiirdson.
u
•y^., |. Copy of a llisp.itch t'lom I.ient. (iiiieral Sii .lohii C. Sliei hiDoke, (I.C. 1).
*_1* lo'tlie Karl li.ithnrst, K.(l.; d.ittd Qtichic, j.j I Ocioh.r iS iti : --I'uar
liielosurcs.
My T.oid. Quilicc, j;,d October iSi(>.
It is \\iili inmh rciirct that I have to repoit lo your I.oitlsliip, a contiiii.inte of those iinli.ippv dissentions Ix'twein the Hudson's Day and Nort!l-^\'e.st coinjiinics, ^vhich foruRd tlic subject of my di-patc!i lo your Lord.siiip, No. .'i, of the .'^ih of Au|;iist.
The inclosed copy of a mcnniM.il piT*rntcil tome onbo'ialfof the \orth-U e<t com, .i.iy, .vil! inU<rm your I.or.lil.ip of the arrest aiul iiiiiMis'Jiimciit of the princiiial
partnti.s
RF.D RIVER SETTLEMENT. 57
purtncrs of ihnt body by tlui Karl of Selkirk, mid of the orcupation of Fort VVillinin, , (their principHi trading o»tubli»ii:?ient) by bis Lordshiii, and the copy of his letter to niv of the 3d of September, will r.iso show your Lordship iiis furtiicr views, uihI the course he iiittiided to pursue.
Tlic mciiioriul of the North-Wcst company, though drawn, as was to be expected, with the colouring of prejudice and interest, contained a statement of fncts which <icmaniled nltention. I therefore immediately submitted it to the executive council, whom I culled upon to advise me as to the best method of restoring' tranquillity to the Indian country, and chcckini; tlie further outrages of both parties.
The acts of the EnrI of Selkirk, which the coimcil had inmiediatcly before them, Iraviug liecn ilnno under colour and by process of law, us n magistrate for the Western district of Upper Canada ; and the whole nmgistracy of the Indian territory being Ibruicd exclusively of the partner's agents, or parliitujis of the contending companies, it was evident tliat both pailies would proceed to use their authority as magistruU s, in acts of retaliation and annoyance to each other. To deprive them therefore of this authority, was the first step to be taken for the restoration of hurinony, and this was icconiuiendcd by the council.
IJut evils equally great were to bo cxpcctetl to ensue from leaving that territory t^Uircly without magistrates; and t'lC pro|)osed measure would moreover have been incffectiud, without also depriving both parties of the authority they possessed at Fort \Villiam, in the Western district of Upper Canada, by being magistrates for that district; and this act of power could only be exercised by the government of Upper Canada. I'tie council, thciefure, further recommended, that after superseding the commissions of all the justices of the peace for the Indian territory, I should ap|K>int< t»o persons of influence and im|>artiality to be sole magistrates of that territory, and to proceed thither to exercise their functions, and with further powers, as commis- sioners of inquiry, to mediate between the two companies. Hut the council also reoommended that neither the supersedeas nor the new commission should take cft'ect, unless on a clear understanding with the government of Upper Canada ; that tiie commissions granted to Ix)rd Selkirk and tlie members and servants of tiic Hudson's Bay and Norlh-West companies, us magistrates for the Western district of Upper Canada, should l)e revoked ; and that the two new magistrates to t>c appointed by me should be made justices of the peace for that district.
Finding it very diflicult, from the extensive influence and connections of tlie Nortii- West company, to select here two persons impartial enough to be intrusted with the
rroposcd mission to the Indian territory, I referred the matter by a letter, of which inclose your Lordship a copy, to Lieutenant Governor (iore, and his answer, of which I also add a copy; will show your lordship, that he has found the same diffi- culty of choice, and that consequently I have been unable to carry through the measure which tiic council recommended, and wiiicii was indeed tiie only expedient tliat could be devised for giving peace to the country.
In sucli a deplorable state of things, however painful it is to me to witness pro. cccdings so much to be deprecated, I can do no more; my authority is of no avail over persons at a distance of four thousand miles from me, in a wild and lawless country, at all times difficult to penetrate, and at this advanced season, almost inac- cessible ; and "hile I beg leave to call your Ix)rdship's serious attention to the forcible, aiid I fear too just description, given by the Kurl of Selkirk, of the state of the Red River territory; I leave your Lordship to judge, whether a banditti, sucli as he describes, will yield to the influence, or be intimidated by the menaces of distant authority. 1 Imve the honour to be, &c.
Tiie Right Honourable (Signed) J.C.SJierbrooke.
The Eail Bathurst, &c. &c. &c.
^ To his Excellency Sir John Cope Shcrbrooke, G. C. B. Captain General
and CMJvernor in Clii«:f, in and over the Provinces of Lower Canada Upj)cr Canada, &c. &c. &c. ' i„ _,, ,
The Memorial and Representation of .John Richardson, of ^^ontreal, Merchant '"""'"'''' j one of the Partners of the North- West Company, for and on behalf of the """'"'"
said Company.
Most respectfully sheweth, . That on the 131)1 day of August, William M'Gillivrav, Esq. the senior a^ent and partner of the said company, tiiui at the chief post or establishment thereof 5«^- ii • upou
Iiicliisuri. (1) in Sir .1. C. Slitr- biodlit's, of agu 1816.
5«
r A P K R S R F, I, A T I N r. TO T H F,
U|Min Lftko Siipcriori c'uiDinonly culUtl Fort U'lllitnn; KeitiMlli M'Keiuie, tin! other 0|;i'iit iinii piirlDir lliire |>rr»nit ; Dunid M'Kciuic, Simon Frasur, llu){li M'CiilliH. Juliii M'l)(Miiil(l, John M'l^UjjIiliii, iiiul Alliiii M'Uoiiiiell, partnciit of tlic siiid coin|mny, niui AI*'xan<lor M'Kiiiitif, \Mc ii piutncr tlurcut, ^ero ull uiiTHteil upon uuirantH bsiitd by tlio Furl uf Silkirk, as u juslicu ul p(':)('(>, i-lmi>;in^ tlieiii witli \\\]^\) trcusoii, Ic'loiiy and inunlcr; uiul on llio .siniie iluy, l)yui'(lcrs t'mni lliusuid Full, n torct*, uiiliuiit previous nutilication ut' tlic pinpu-Hc t'lCiTol', ot' above filly nu'n, urnicd with niuskulii und bayuiioU, in niilitnry uniform and array, will) dniins and l)(i;ilc8, consi^lini; of di&cliar^cil foUliers, iliidly from Mctiron's rc^imtnt, and ill uiiilurin, and lid un by ulViccrs of that iT^iint-nt, who in iiiiiforin, (on which occasion raptain I )orsotuu'n!4 commanded, and licut. Fouchc asiiistKl,) forcibly and violently took possession nf the Miid c^taliiisliment, with all the furs, mcrchandi/u und other (fTccts therein eont:iined, and the same conlinncd to hohl up to Ihc 28th day ot' Aiijjust, bcinj; the date; of the last advices from thence. That the said armed force crossly inallreatid the partners of the North- West company, especially John ^I'Donald, lu whose bead a pistol was presented by Captain Doisoniuns, and who was drai.'<>ed away wiib his feet truilint; on the pouinl, and loaded with the most violent abuse; ull which was done without any risistance bein<; made, and without anv warrant bein<; exhibited to authorize such proceedings. Thus, the said company, tlit'ir agents and clerks, were by lawless violence de|)rived of the management of their roncrrns, and preventid from sending their canoes into the interior with the rcmain- inir part of their tradinj' snjjplies for the season, as also prevented from sending down their furs to Montreal, and the whol;! luld subject to the despotic will und pleasure of the Farl of Se'l.lrk, thereby occasioning to the Norlh-Wcst company tiie most jerious lofscs, ivid which, if not speedily put u stop to, will be attended with irrcpa- ral)le injury to their trailc and concerns.
That Ford Selkirk put into close cnnfineinent, the said nuents and partners so arrested ; placed sentries over them, und denied access to them by clerks and others ; is>ued warrants for rumma;^in<{, searching und ins|)ectiiig books and papers, stores and builJings, carried ulV und put under seal what he saw fit ; imprisoned ul pleasure many of the .servants or engugcett of the eompuny ; sonic time alter bringing them up fur exuminution, and recommitting them to prison again, bringing them back for examination after a lapse of time, and repealing the same proccsb, until he tbunil that some of them by terror or otherwise were moulded to his pur|)use, when he put them under oath to extract criiniuations against their employers.
That the saiil ofiicers of Mcuron's regiment, who octcd under Lord Selkirk's onlers, were captains Horsonnens and Mathey, lieuts. (irufVtnreid und Fouche, all of whom, and must of the men, had on His Majesty's uniform, whilst committing these KtwK'ss outrages, tiicreby disgracing the cloth they wore, and deluding many into a belief that they acted umler the authority of government, to which further crcilit was given by their being ngularly armed and e(]uippcd with cannon, arms and warlike stores, including a furnace tor heating bulls.
That linaily, on the i Slh day of .\ugust, the said F'arl sent off in three cnnoos, under a military guard, compo.'^ed of the said lieut. Fouchc and an armed party, the said William M'(iillivray, Kenneth M'Kdizie, and all the other partners arreste.l as above-said, Daniel M'Ken/ie only excepted ; lieut. Fouchc had orders to carry theni to Srtnd^^ieh, in I'pper Canada, mtuul liy York, doubtless in order to subject them to every personal inconvenience in his Fordsi.ip's power to iuHict, in which a striking instance was displayed, in his prevention of tlie servant of the said Willinm M'd'ilii- vray Iroin aecompanyiiig his master, upon the liivolous pretext of wishing to exan)ino him, although above live tlays had already elapsed since the arrest. In the intended prison at Sandwich, his Lordship was disappointed, by it appealing from his warrant, that the crimes alleged were committed in the Indian territory, and ai'coidingly Mr. .Justice Campbell, t)cfore whom tiiey were carried, very properly ordered them to be committed to Montreal, where they arrived in consequence.
That one of the canoes from being overloaded and improperly manned (no fi-wer than -ii persons and their ha^'i^age, crew inclusive, being crammed into a eanci inui'li untler the ordinary siziO was upset in Lake Superior, w hereby the above siiid Kennelli M'Kenzie, a North-West agent, and eight oliier persons, were diowntu, and the rest with ditViCulty saved.
That '.he moile of proceeding tinder Lord Selkirk's onlers, re^'eniblcd nothing British, und exceeded even tlic iiiilitHiy despotibiu of the French in Holland; and
there
1%
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cc cniiors,
pmty, the
rcstcJ us
urry tlicm
:t tliiin to
a "itrikiim
M'(;ii;i-
rsamiiif!'
iiiliiulcJ
s warnuit,
•(■()i(lii)i;ly
ireil tlicirt
no kwcr
noi' iiiiH'li
Kcnni'lli
(I liic rest
1 nothing incl ; and there
RKI) IlIVER SKTTLF.MENT. ,50
there is the hei»t renion Urn bclievinjr, thiit hitrl the least resistance been offered when tlk! establishment aforesaid was ussHuitcd, eviry person within it would liuvc been |iut to death, anil the place pillui^ed ; indeed no secret was made by them of such Wmti, in that event intended.
Tiiat no attention was paiil l)y Lord Selkirk to any representations made to him of misbehaviour in his |)coplo, nor redress afforded when opplicd for; but when he could no otlierwise evade sucii applications, he turned tluin off by soying, that he acted upon his own responsibility. In order to terrify and prevent the clerks ot" the North-West company from eoniplaiuinji, or from refusin;» any thing asked by his Lordship or people, the officers hintcil that compliance was the safer course, and refiisol mii;hl be fatal, os most of the armed men employed by his Lordship had been nccustomed to murder and pillage in the Peninsula, when in the service of Buona- parte. Vet his Ix)rd8hip, with u full knowledge of these facts, engaged such men tu execute his purposes.
Tlio Lord Selkirk contcnniin)» your Excellency's authority, pursued the same conduct after the receipt of your Excellency's proclamation as before, and still kept
fiosscssion of the North- West company's property, thus continuing to violate the aws he whs appointed and enjoined to see impartially executed. And us a further proof of conlenjpt, he employed the scrjeant and six soldiers had from Drummond's Island, as a personal <;nard in the attack and restraint of others, by mounting them as sentries on his prisoners, and in conveying them from and to his juil at Eort 'William.
His Lordship, happily for the North-West company, has at last developed his views in a manner not to he mistaken, as \till appear by a document fortunately in the possession n tlm company, being a proposition for him to inveigle their chief clerk into an arjitration, which document decidedly self convicts liim, either as considering frivolous and unfounded all the accusations in the warrants of arrest, as if trumped up to sanction his despotism to private ends, or, were the accusations really credited by him, he then stands self-convicted of another attempt to compound the ull(!dgcd crimes ol high treason, felony and murder, for iiis private emolument.
'I'he persons so occuscd are obhorrent at the thouiihts of treason against their hiwful Sovereign; such an idea never entered their imaginations. Were itcven possible for any person in the North-West company to commit such a crime, «hich is very doubtful, yet theabsuriiilyof such an accusation is the more manifest when made against men who distinguished themselves by their loyalty and zeul during the lute war, whilst his Lordship was snugly enjoying himself at his ease on the other side of the Atlantic, «nd leaving it to those and others to fight for the security oi' his property in Canada.
To show that the allegations herein contained arc not made without good grounds, your Excellency is respectfully referred to the papers herewith marked A. a C. 1). viz.
A. The attested journal of Jasper Vandersluys, book-keeper to the North-West company.
15. 'I'he offidavits of Lieutenants Hromley and Misancy, of ISfeuron's regiment, who went up as private gentlemen, under a. leave of absence, and were disinterested sjiectators of what passed.
C. An attested copy of Lord Selkirk's letter to James M'Tavish, nnd Jasper Van- dersluys, chief clerk of the North-West company, proposing an arbitration after the persons arrested had been sent off as prisoners.
1). The Dtteste<i narrative of \\'iHiam M'Gillivray, by which papers it will be evident to your Excellency, that the Earl of Selkirk 'has "laid aside the dignity and impartiality of his office as a miigistrole, and perverted the public authority in him vested for lawful purposes, to the indulgence of personal vengeance and furtherance ot private interes-is ; that he has coiiiemned your Excellency's proclamation, and is (lis(|iialified from being a (it person to he continued as a guardian of the public |>eacc and interests.
The memorialist has further to represent to your Excellency, that the property belonging to the Nortli-M'est company, illegally and forcibly taken possession of and retained, amounts in value to near one hundred thousand pounds, the whole of which is at the mercy of Lord Selkirk, and tiie band of desperadoes in his employ, who may tlestroy the same by design or accident, and who, by shutting up the communication for the ensuing year (if they are allowed to remain) may place further at their mercy
584« a liko
CO PAPERS RELATI NT. TO THE
a like sum in rcturiM from tlio interior, hctidcs (k>stro\ii)K Die uliole of the North- West i-uinpaiiy's trudc, which iiiu!it involve them ami tlic njn.crous niaiiiiruclincrs mid ti'ttdi'itiiicii df|)cndcnt thereon in utter ruin, it government docA not inler|K>AC. Tiic consequences of liis Lonlsliij) imvin<;|irevinted the foruurdin);iiito I.al«rfiWmni|)ie uiiil I^ Phiio, mid other posts, the reiimiiuiii of the itiippiies this seiison, piepared iind realty to be »ciit, nmy be tlic death of many Iiuhuns de|icndeul upon tlio^c gujiplies.
The memorialist llicrefore humbly pruys your Excellency, that the commission of the I'm 1 of Selkirk, us ii justice of the puicetor tliu liuiicui territory nmy be Mij)erscdcd, ii« also the coininissiuns of till otlier.s, the justiccii thereof, u ho are partners of tlie Iliiiison's IJtiy or North-West eoni|iuiiit's, or who are in the servicn of or (tiiplovi'd iiy the suid Kurl, or h) the said ei)iii|iiiiiie.s. That the suid eiiptiiing Dorsoiiiuns and Mathey, and lieutenant (iialVenieid (I'ouchc beiiij<now in Montreal,) iiMV be ordered dou ii, niid that such other steps may be taken as in your Excellensy'ii wisdom may deem iiuet, for ilispossessiiij^ Lord Selkirk and those actio;; under him, tif the North- West company's jiroperty, uiilu« fully taken possession of at Fort M'illiam, nnd restoring; the same tu the proprietors ; and for removal from that country of those disbanded soldiers, who have been j^uilty of such oulraj»cs against the persons nnd properties of His Majesty's natural-born subjects; and as in duty bound will ever pray, \c.
' Montreal, • ' . ' ' (Signed) John Richardson.
■ 1 Tth September 18 1().
bit'lokiiru (•-•^ in Sir J. ('. Slifr- l)iii"kf'>, 111' lyi Octoltr 1S16.
Sir, Fort Willinm, Lake Su|)ciior, 3d September 181 fi.
I had the honour of writiiis; to your FAcelleiiey on tlic 23d ultimo, since which time I have procc<'ded incoileeiinji; evidence lesptctiii;; the tiunsactions ut Red llivcr, and tlie additional prool's uliicli havt been obtained, seem to me to leave no room for doubt as to the j;uiltof the gentlemen arrested here. If your Excellency is desirous tiF seeing these documents in detail, captain Stcigcr will procure copies to be transmitted.
Refore my arrival at this place, almost uU the supplies for the trading posts of the North- West company in the interior, had been sent away ; but some canoes were still here destined for Red River, and for ont^ or two places of inferior note, imme- <liately ndjuceiit to that district. In consequence of the information which I had ol)tained, I could have no hesitation as to the propriety of stofiping the dispatch of these .'•upplies ; the district for which they were intended, b(ini» in fact in a state of upcn rel)ellion. It is occupied (to the exclusion of all His Majesty's peaceable sub- jects) by a banditti, who avow their determination to set the luus of their country at deliance, acting under tiie regidar command of tiie same leaders who led them on a few months ago to every species (ff atrocity; and at their head a partner of the North-M'cst company (Mr. Alexaiuler M'Doniull,) wlio is proved, by the most distinct evidence, to have been the uutiior and instigator of the massacre of the i()tli of June.
It is not improbable, that my having stupfied the supplies destined for these mis- creants, may be represented us an act of ugjiicssion of tiie North- West company, or a wanton interruption to the freeiloni of traiU . liut I trust your Excellency will not be disposed to lend too easy an assent to the allegations of interested individuals ; and that (on this, or any other part of my conduct) 1 shall not be condemned without being allowed an opportunity of ex|)lanati«n,
In. so far as I am personally interested, I may perhaps be allowed to refer to the inclosed letters, as a proof that I desire nothing more than justice. Though the coriespomlencc does not relate to u matter of public concern, 1 may be excused for producing it, when I am placed in circumstunces that expose my conduct to so much iiiisre()resentutiun.
I am informed, thot it has been suggested to your Excellency to send an officer of high rank to this quarter, as couimissitmcr on the part of government to quiet the existing disturbances. In this suggestion, I would beg leave to express my cordial concurrence. Tiiough it may be doubted in what degree an officer so appointed would be invested with absolute legal authority, there can lie no doubt that any person of distinction coming here on the part of government, and cs()ecially depute*! by your Excellincy, would be received by all parties with that deference which would give to Ills acumuicndation the force of a command. For my own part, it would be a
• very
• RED RIVER S^TTLE^fENT. 6i
very great satisfuction to me, if tlie load of rcsponaihility under which I am nou obl>)^d lo act, could bo allcvintcd by it rel'ercnce to tlic opinion of a person t-o autho- rized. It would bo no less srttisfactory to have tlie testimony of a man of inteUi>;cncc, above all Mispicion of purtiulity, as to the real state of tiiis country ; which is so extraordinary, and so unlike wliut it hus k-cn represented, that I could hardly cxjkcI to meet with entire credit, if I were to relate all that I know of the conduct of the Norlii-West company and their de|)endents.
I Imv" :'ic honour to [x, &c. His Excellency Lieutenant General (Signed) Selkirk.
Sir John C. Slicrbrooke,
&c. &c. &c. . 1 . . - •■■.•,.
October 1816.
• ■ (Most secret and confidential.) incloiure
Sir, Castle of St. Lewis, Quebec, ist October iSifi. .^^ sir J?c. siitr-
I have had the honour of receiving your Excellency's letter of the I4tli instant, brooke't, of 13d relating to the lute occurrences at l-'ort SN'illiam.
Concurring in the fullest manner with your Excellency in the views of this difficult subject, whicli you have .submitted to I..oid Dathurst, and being equally impressed with the dangerous consequences that may ensue to the country, unless s<;nic st^ps of interference arc taken, 1 sought the advice of my council on the subject, and have now the honour of transmitting to you a copy of their report.
I do not see any method of arresting the progress of the evil, but that which the council has recommended ; and I now inclose to your Excellency an instrument, revoking tlic commis.sions of all the magintrates of the Indian territory ; and two other instruments for the appointment of two persons (for whose names blanks are left) to proceed to that territory, in the double capacity of connnissioners of inquiry and justices of the peace. The extensive influence and connexions of the Nortli- West cnmpmiy, pervading almost the whole society here, I find it extremely dilTicult to select two persons impartial enougli to be intrusted with such an important mis- aion; and I therefore, with the fullest confidence, leave the selection of tiiem to your Excellency, in tiic hu|)e that the same causes may not operate in your govern- ment to embarrass your Excellency's choice. '~
Should the fame. diflTicuUy however prevail there, so that this new commission can- rot be filled up, your Excellency will clearly understand, that the instrument of revocation cannot be acted upon ; and moreover, that I have only been induced to transmit these instruments to your Excellency, by the hope and expectation that you will consent to the revocation (as suggested by the council here) of the commissions held l)y Lord Selkirk, and the members and servants of the Hudson's Day and North- West companies, as ma;;istrates in the western district of Upper Canada ; and that your Excellency will also appoint the two persons whom you may select as com- missioners of inquiry to be magistrates for the western district of Upper Canada.
I have little doubt, that your Excellency will see the necessity of these measures ; but should it be otherwise, your Excellency will of course consider the instruments, now transmitted, as of no eftcct ; and I beg that your Excellency will in this case, (as well us in the possible event of your not being able to find two persons qualified for the proposed mission to the Indian territory,) be good enough to return these documents to me.
The date of the commission of supersedeas bein^ left blank, it is necessary, as your Excellency will no doubt see, that, in filling it up, care be taken that it be subsequent to the date of the commission appointing two justices of the peace to proceed to that country, in order that it may not appear that the territory has for a moment been left witliout the means of the administration of justice.
I have the honour to inclose herewith, such general instructions to the two new justices of the peace (if the appointment takes place) as may be necessary for their guidance ; and I have also caused letters to be written to the present magistrates of the Indian teiritory, (to be used of course only in the event of the supersedeas taking effect,) apprizing them that their commissions have been revoked ; to which letters I request that your Excellency will permit the dates to be affixed, according to the date that the supersedeas may bear ; and that your Excellency will have the goodness to inform me -ccAoMhat shall be.
584. E It
«H
PAPERS RELATING TO THE
It only remnms for mo to r.ssure your Excellency of my lirarty co-operatiun and support, on this and every other occnsion, where the peace of tite country and so many of its important kntcrcsts arc at stake.
. have the honour to be, &c. His Excellency Li«ut. Crovernor Gore, (Signed) /. C. Sherhrooke. ,
&c. &c. &C.
InflosiM'-
in Sir .1. ('. Slipr- lirnokc's, iif 1\A OcUbei 1816.
(
Sir, Quchcc, 1 7tii October 1 8 1 G.
I have the honour to acknowledue the receipt of your Excellency's secret and confidential dispatch of the 1 st iivstunt, which reached me, by cxpi-ess, on the 9th, at the new settlement in the vicinity of the Kivcr Ilidcuu.
I lament extremely to be obliged to state to your Excellency, thot, alti: 'igh I have };ivcn the subject n most serious consideration, I cannot propose any two persons of Upper Canada as fit to be intrusted with the important mission referred to in your Excellency's dispatch.
I liave inclosed ;hc commis'^'ons and papers, which your Excellency did me the honour to confide to me.
I beg to assure your Excellency, that you may cou'.mand my co-operation to arrest the evil existing at Fort William, and in the Indian territory, in any manner you may be pleased to point out. I have tlie honour to be, &c.
To his Excellency Lieut. General (Signed) Francis Gore.
Sir John C. Sherbrooke, i'^cc. .S:c. &c.
No. 10.
H
i
i'''6
P ii
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-»!.►
Copy of a Oispatch f.om Li-nt. lieneral Sir John C. Shcrbrookc, G. C. B. to the Earl JJttthurst, K. C; dated Quebec, 11th November 1816: — One Inclosun^
My Lord, Quebec, nth November 1 8 iC.
The difficulties which in my dispatch, No. 48, of the 23d October last, I repre- sented to your Lordship that I then experienced in selectini; a person qualitiod for the mission to the I'^dian territory, were shortly after that period removed, by ray finding in Mr. W. \\. ('(iUuihu, one uf the executive council, every q' -lification that could be desired for t^uch an important charge.
That ^entlcuian ha\ing signiticd his rcudincss to undertake it, I immediHlely r<..:icd into ofl'cct the forn)ur recommendation of council, by superseding tlic commis- sions of uU the other uiagistrates for the Indian territory, aiid of a4)pointing Mr. Coltman in their place ; and for IIk* purpose of giving him tiie benefit of legal assistance, I a£';ociuted witli hiui a gentleman of the law, of great respectability and professional knowledge.
I also ralletl on Lieut. Governor Gore to revoke I'le commissioos held by the Eur of Selkirk, and the members and servants of tlic iludscn's Bay and North- West lOiupanics, as magistrates for tlic western districts of L'pper Canada, and to appoint thesi- gentlemen in their stead. And, in order to increase the effect of their excilions, and extend their influence, I gave them a special commission, in the nature of a commission ad i/ii/uiraidiim, by which I invested them with the fullest powers thp.t I could delegate, and retiuircd ul! persons, both civil and military, to aid und submit to their authority.
']"o insure them aL-^o a d 'j;ro? of influence with the Indians, I gave them commis.sions in the Indian de|iartment, to Mr. Coltman, as lieut. colonel, and to his associate, Mr. Fletcher, as uisijor, ■vith power to draw froni any of tlie King's posts which they mii^ht pass, Siich presents for the Indians as they might think useful for facilitatinir tiirir progress. And to the whole I added such general instructions as I could u(l\isc for their gUduntc,' and of thcsi .' have the lujnour to traiwuit your I^irdship a cony.
Having rt.iuircd tlio advice of the executive council, as to tlie compensation to be given to the oonnnissioncrs, it was recommended by tlicm that Mr. Coltman should ! tccive one huiulred and fifty gu'neus per month, us an indemnification of the relin- quishment of his business iioiinir the |)criud of his absence, and a further allowance of seven hundred and fifty guinea^, as an indemnification fur the loss uhich he must iinihediutely sustain by being so suddenly obliged to abandon his conccni); and that Ills associate should receive a monthly allowance uf fifty ^^[nincas, and an immciliatc
furllicr
RED RIVEtt SETTLEMENT. fig
further allowance of two liundrcd and fifty guineas for the preparations necessary for tlie undertaking, and to dischar<{e the amount wiiich he would be under tiie necessity of pavMig to the person who niij»iit, during his absence, execute for him the duties of the office lie holds as magistrate of police.
However great the expense may appear, I felt that the object to be attained out- weighed every considenition of this nature, and I accordingly determined to adoi)t tlie recommendation of council.
Tlie commissioners left this place on the 31st October, and Montreal on the 7th instant. I regret, however, to stutc, that it appears to be an opinion almost universal atnong the best informed persons, that at this late season they will not be able to reach Fort William ; and though I feel the utmost anxiety for the success of the mission, and equal unwillingness to surrender my hopes of its success while a ground of hope reiTiains, I cannot disguise from your Lordship that I am not sanguine ia my expectation of its accomplishment, and that I have only let these gentlemen go forward under a clear understanding, that they shall return so soon as the difficulties opposed to them shall be such as there will be no reasonable hope of surmounting.
If, however, by perseverance they should succeed, the most happy results may be expected from their talents and exertions.
Ix)rd .Selkirk has expressed an anxious wish for the appointment of commissioners ; and in this desire the North-West company have coincided. And there is ample reason why both parties should wish for such a measure.
T!ie whole territory of Red River, and as far as the influence of the North-West company extends, maybe considered as now in arms. And the Earl of Selkirk having considered himself justified by this circumstance in stopping the usual winter supplies fur that country, the most alarming consequences to both parties may be expected to ensue before the Spring; — to the ISfortii-Westcomiiany, by the suspension of their trade, and fierhaps by the starving of some of their posts; — and to the two companies alike, by the cxas^xiration of tlie Indians, from u failure in the customary supply of their wants.
But this unhappy contest involves public considerations of a most important nature, M'hich demand your Lordship's serious attention.
llie Indians of themselves, ready for any act of violence, are led on by a race sprun" from the cohabitation of the traders with the native women, partaking of the vices savage life with the advantages of education, and marked by a ferocious energy ^k character, which establishes iheir influence over the Indian tribes. These men, though devoted to the North-West company, would, in tiie event of their fall, easily persuade the Indians, as the lords of the soil, to expel the white inhabitunts from the w hole western territory ; and not the Hudson's Bay conifiany alone, but tite distant parts of the province of Upper Canada itself, would be in danger from the lavUoss violence of these nations, when once roused.
On the alarming' ':onsequcnces of alienating them from us, or of kindling an Indian war, I need not dilate. Even our relations with the American government may be filTected by the present state of things ; for it is an important fact, that the " half lirtc<ls," whom I have above describid, already look that way for assistance to assert tlicir independence, and ex|)ress an intention of sending delegates to Washington in tlio Spring. And whatever may be the dispositions of the American government at this moment, tney may find it tlieir policy to foment dissentiuns between us and the Indians, and to estublish with them that good understanding which in any future war would be as useful to thcin, as it has recently been useful to us.
■ These, my Lord, are evils of almost national moment. Should the commissioners fail ill thei'- attempt to reach Fort William, these and more, which 1 will not detain your Lordsiiip by representing, will come upon us with the S|)ring. And looking .'jiward to such an event, I must again urge to your Lordship the necessity cither of giving nie fuller powers and instructions than I now possess, or of sending out from England men of rank and talents as commissioners, to proceed to the Indian territory, to allay the existing ferment, to repress furtlicr outrages, to lake away all cause for u repetition of them, by establishing the resjieclive rights of the contending parties, and to save not only two extensive trading companies from ruin, but the country itself from impending danger. I Lave the honour to be, &c.
The Earl IJathurst, {!>ig»ed) /. C. Hherbrooh.
&C.&C. &t. • .. . , .
^84-
64
PAPERS RELATING TO THE
Inclosore
(0
in Sir J. C. Sher-
bi (Kike's, of I ltd
NovrnilKr 1816.
By his Excellency Sir John Conpe Sherbrooke, G. C. B. Captain General ami Governor in Cliief in and over tlie Provinces of Upper Canada, Lower Canada, &c. &c. &c. ,. , « < ,•
Instructions to the Hon. W. B. Coltman, and John Fletcher, Esq.
You will herewith receive commissions, appoiiitin<j you to be justices of the peace within the Indian territory, under and by virtue of the Act of tlie Imperial Puriiu- ment 43d Geo. Ill, cap. 138th; and in the execution of the duties which are thus intrusted to you, you nil! be governed by the provisions of that Act, so far as the same shall apply to the occasions that may arise.
Being invested with the powers of magistrates within that territory, you will pos- sess and exercise the functions of that iniportant office within that territory to their fullest extent, by inquiring into ail oftences which have been or may be committed within that territory, by arresting and securing in due form of law the perpetrators thereof, and by transmitting them to this province for trial.
Receiving herewith also a commission of inquiry, investing you with extensive special powers, you will, as therein enjoined, diligently investigate the causes and circumstances, and take every legal measure to prevent the re()etition of those dis- tentions which have arisen, and the outrages which have been committed against the King's peace in the afores^aid territories, and at Tort William, to which point you arc also to direct your ntteiitiou ; and to this ctTect you are authorized to make a public notitication, if you shall find the same expedient, declaring the puthority with which you are invested, as the sole magistrates of the Indian tcrritorj', anu as special inquiry, and calling upon all persons in all cases of difficulty and dispute to abstain from law- less violence, and to resort to your authority and abide llu-rcby.
In reporting on those recent events wiiich have already occurred in tie Indian terri- tory, you are to communicate the fullest information that you can obtain, os to the circumstances thereof, and the person j impli^ted in them; and in making such re|M)rt you are to address yourselves to me, and to transmit a duplicate to the Lieut. Governor of Upper (Canada, for his information, except in those cases when you shall not have sufficient time or opportimity to make such duplicate report, in which cases you are to send tlie originals, open, tu the Lieut. Governor of Upper Canada, to be by him forwarded to me, after he shall have perused the same.
You are particularly to apply yourselves to mediate between the contending parties in the aforesaid territories ; to remove, as far as possible, all causes of dissentiun between them ; to take all legal measures to prevent the recurrence of those violences which have already so unhappily disturbed the public peace, and generally to enforce and establish, within the territory where you shall be, the influence and autliority of the laws.
Given under my hand and seitl at Arms, at the castle of St. I^wis, in the city of Quebec, this twenty-ninth day of October, in the lifty-sevcuth year of His Majesty's reign, and in the year of our Lord one thousand fight hundred and sixteen.
(Sigticd) J. C. Sherbrooke. By his Excellency's command,
(Signed) A. If'. Cochrane, Secretary.
Ko. 11. ^opy "f 0 Dispatch from Lieut. General Sir John C. Sherbrooke, G. il. B. to the Earl Bathurst, K. G. ; dated Queljec, 21st December l8it3.
I LAMKNT to be under the necessity of informing your Lordship, that the com- missioners of special inquiry whom I dispatched for the Indian territory have been obliged, by the early st'ting in of the winter, and the severity of the season, to aban- don the undertaking and return.
Various untoward accidents, not to be foreseen or obviated, prevented them from reaching York before the 23d ultimo, and on crossing the portage, and arriving at the head of the Notawasaga River, by which they expected to have been able to descend in canoes to Lake Huron, they found it frozen over, and Vfjc unable, with all their exertions, to advance more than fifty yards through the ice in the course of lialf a day. This circuinstaacc alone showed the hopclcssnt«s of the attempt to
pi'occed.
RED RIVER SETTLEMENT.
fi5
proceed. But in addition to tliis, they learned from travellers, whom they met there, coiTiin<» down from the western country, that the difficulties they would Imve lo encounter, even in cndeiivourinj; to reach Drummond's Island, would be such as would expose them to imminent |)eril, without even the prospect of success, sincn even tiiey, witli loss incumbrance, with {greater experience, and at a more favour- able season, had scarcely been able to cft'ect their journey to the point where they were met.
Under these circumstances, therefore, the commissioners felt themselves obliged to retrace their steps to York.
As, however, it appeared tliat a r-nallcr party, lisjhtly equipped, and accustomed lo llie modes of tnivellin;; in the wilderness, n)ij;ht possibly fmd their way to Fort William, the commissioners dispatclied by a gentleman of the North-West company, who had accom|)anied them thus far, and was wiHint? to undertake the journey witli a few Canadians, several copies of a public notification, signed by them, to be dis- tributed among the trading posts on Lake Superior, and in the interior ; by which they made known the revocation of the commissions of all the magistrates for the Indian territory, and of all those for the western district of Upper Canada, who live to the westward of the falls of St. Mary ; and that they had been appointed in their stead, with the powers which I have already stated to your Lordship in my dispatch, No. 53, of the nth ultimo.
•
This appeared to them, as it does to me, to be the only thing that could be done under all the circumstances of their situation ; and as no further attempt can be made during t • winter, I take an early opportunity of repeating to your I^ordship my earnest re ^uest, tliat I may be furnished with full and particular instructions for my guidance in this momentous affair, before the opening of the Spring, as I shall other- wise at that period again send forward these gentlemen to the Indian territorj', not- withstanding tlic very great expense with which the measure is likely to be attended.
The reasons that appeared to me to overbear every consideration of this nature, I have already enileavomed to impress strongly on your Lordship's mind, and the information I daily receive serves but to enhance their cogency and importance.
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G. |
C.li. |
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the |
com- |
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lavt |
been |
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, to aban- |
Copy of a Dispatch from Lieut. General Sir J. C. Sherbrooke, G. C. B. to the Earl Bathurst, K. G.; dated Quebec, 1st January 1817.
My Lord, Castle of Saint Lewis, Quebec, ist January J817.
I have to acquaint your Lordship, that I have received a dispatch from the commissioners of special inquiry for the Indian territory, of which I have not now time (as an opportunity suddenly offers) to give your Lordship the particulars; but the general information they contain, is, that the Earl of Selkirk has resisted tlie execution of a legal process of arrest, which had been served against him in the begin- , ning of NovemUr, and that under colour of an authorized transfer, which he had' obtained of the property of the North- West company at Fort William, from a retired partner, whom he Itad kept in a state of coercion and inebriety, he was taking iiica- .«ures for removing the whole of that property to the territories of the Hudson's Bay company.
The commissioners express an apprehension, that the Norlh-Wcst ^.mpany may l)e driven to call in tlie aid of the Indians, to prevent the measure; and they are desirous of being allowed to proceed again, in the hope of reaching Fort William •luring the winter, and preventing these alarming con«c(iucnces of tiio acts of Lord Selkirk.
Another application has been made to me for a military force, to support the exe- cution of the liiHS against his Lordship, but this I have found it quite impracticable to afford ; and I have only to submit to your Lordship, my earnest cntreatv to be favoured with your particular instructions for my further conduct in this affair, as 1 am at prestnt totally uninfurim-d of the intentions and views of His Majesty's poverniiient, « illi respect to it. These instructions I should wish to receive by the way of New York, under cover to Mr. Moore, the agent for packets there, as I shall io tliis way get them six weeks sooner than by the way of Halifax.
It would also he highly desirable, if I could at the same time, receive a copy of tlic Act of Parliament of William the 3d, for continuing the charter of the Hudson's Buy company. And J also beg that I may be informed, whether the Act of the
384. S 43 J Geo.
No. 12.
66
PAPERS RELATING TO THE
43(1 deo. Ill, jtrantinc to ti)c ftoveidors of I/)\vtr Cttiiuda the power of nppointing ni;ii;i>tiMte.s for ilie liuliuii ttrritorv, is coni^iiltrcd to t-Ati-nd to llic tiriitorics of the
11
iid.son's liny coinpnny, ds tlicrc i» reason to Uiiiik tliut tiic Euri ot Selkirk will riuso ;i (|tic'stion oil this point. , . I Imvi, &c.
Tiie Earl Bnthdrst, (Sij^iied) ./. (-. Shcrbrookc.
&c. &c. &c.
No. I'
Copy of a Dispatch from Lieut. (leiural Sir John C. Sherbrooke to the Earl Ikthurst, K. Ci.; dated jd January 1817 : — Two Inclosures.
My Ix)rd, Quebec, 2d January 1817.
I have the lionour to inclose yonr Lordship copy of an affidnvit made by a clerk of the North- West company, lately iirriwd at \'ork from Tort William ; and also copy of « protest which Mr. M'Kenzie, the person who sold the property of the North -West com|>nny to Lord Selkirk, made immediately on his arrival at Drum- njond's Island, against the validity of that sale.
By these documents, your Lordship will be informed of the particulars of tlie recent transactions of the Earl of Selkirk at Tort William, wiiicli I touched upon in u general uiannct*, in a letter I bud the honour of addressing to your Lordship yesterday.
The .\ct of William 3d, of which in that letter I requested your Lordship to send, me a copy, being a private .Act, is not inserted in the statutes at large ; and I therefore trust that your Lordship will comply with my wishes for n. copy of it, as in my l>rcsent cnihiirrassment, from the total want of legal assistance, I teel it my duty to seek for and use every means of forming the best judgment that I can for myself.
I have, &e.
The Earl Bathursl, (Signed) /. C. Sherbrooke.
&c. &c. &c.
luclosure
III Sir J. C. She lirooke's, nf -ni .lauuanf 1817.
M
^
I
lij, ^
Robert M'Robb, of tljc city of Montrenl, in the province of Lower Canada, maketh oath and saith, That he was present at Fort William, on the river Kaminis- tiquia, at the time of the capture thereof by the forces under the command of the Earl of Selkirk, on or about the 13th day of August now last passed, and ha« know- k'd;;c of tiie geneml circumstances of that atliiir, and which took place at Fort A\ illiam aforesaid, from ttmt time to the period when the deponent lefl the same for Moiitrcal, whicli was on or about the 3d day of Septemlier following; that the dcpt)ncnt recollects amongst other things, tiiat Daniel M'Kenzie, one of the partners in the said North- West company, was during Miat interval imprisoned for several days by order of the said Earl of Selkirk, in a l)uilding belonging to Fort William atbresaid, in aliich tlicrc is no window, and was afterwards confii\ed to n room under charge of a sentrj-, in which latter f ituation the dc()onent left him at the time of this deponent's quitting the fort; and th.-tone Miles McDonnell and others, in the employment of the said Earl of Selkirk, were, during such imprisonment of the said Daniel M'Kenzie frequently in his company, but that the dcponenl docs not know what passed between tlicm ; and this deponent further saith, that lio left Montre.il 'in or nbout the 4th day of Oclolxr no(v last past, in ciinipany with I'iirre dc l{ocliebhive, one ol the partners of tin? said North-West company, for the purpose of proceeding to Fort William afor<!said to take possession thercol, an.! of the stores at that place, which were then in the possession of the said Enrl of Selkirk, in ease of tlnir procuring any legal com|Hilsory process or order from government for that pur[)ose, m hicli jiroccss or order would, as the (li'|)oneiit understood, he endeavourul to he procured liy some otiier pcrsotw belonging to the Noitli-West company, who were gone to York or Suiidwich <««• that purpose, and with which if so obtHined, tlicy were afterwards to join the said De Uochililave and the deponent at Sault S" .Marie on their way to Fort William; that the said De Roeheblave and the dejionent, witii their party, arrived at Sault S" Marie aforesaid, on or about tin; iQtii day of the said month of Octobei", where Uie deponent remained with the said De Roclielilave in expectation of the said otlier persons who were s«j to join them with such process or ()rd<r from York or Sandwieii, until tlie :jlJtii or 2 7th day of the said month, at which time the said deponent left Sault S" Marie aforesaid in order to procciil in I'ort \\'illi.*n), leaving the >aid Do Roeheblave still at Sault S" Marie, tiie said other |)crson.s who were to bring such process or order Hot ha\ing then arrived. And this deponent
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RED RIVER SETTLEMENT,
67
further snitli, thot during sucIj his stay at Sanit S" Marie, one Robinson, wlio was as the dejwnent understood, a constable or piiblic officer of some such description, arrived at Suult S" Marie from York with some process, whicli lie was as tlie deponent also understood, to serve on the Karl of Seikirii at Tort Williara, and which was as tlic deponent believes, a writ of habeas corpus for the suiil Daniel M'Kenzie ; and that there was also, during such the deponent's stay at Sault S" Marie, a warrant issued by Daniel Mitchcl, Kscj. who is, as the deponent believes, one of His Majesty's justices of the peace for the western tlislrict of Upper Canada, against the said Earl of Selkirk and several other persons, either for felony or some other offence supposed to l)ave been committed by them, in relation to their liavin;; i^o seized and taken posses- sion of Fort William and the property therein, and which warrant it was also intended should be executed by the said Robinson on his orrivai at Fort William. That the deponent accordingly left Sault S" Marie on or alwut the said 26th or 27lh day of October, in company with the said Robinson and one John Duncan Campbell, a partner of tlie said North- West company (whom they were to leave at the Peak on their way up,) for the purpose of serving such habeas corpus and executing such warrant, but without any force to compel obedience thereto, having with tlieni only the crew of the canoe in wiiich they travelled, consisting of twelve Canadians and themselves, the three before-mentioned passengers. That after leaving the said John Campbell at the Peak aforesaid, and taking in his stead Mr. John M'Bean, another partner of the said North-West compuny, they accordingly proceeded to Fort \V'illiam aforesaid, where they arrived about three o'clock in the afternoon of the 7th day of November now last past ; and this deponent further saith, that on their so arriving at Fort William, he this deponent inmiediately upon tlieir landing accom- panied the said Mr. Robinson to the house in the said fort occupied by the said Earl of Selkirk, where said Robinson going into the room in which the said Earl then was, arrested him as the deponent believes in the King's name, under and by virtue of the said warrant ; and having committed him to the custody of Mr. John Warren Dease, anotiicr clerk of the said North-West company, who was then near the said house, by commanding the said Dcase to go in and take ciiarge of the prisoner, immediately afterwards proceeded to arrest one captain Matthey and one John M'Nabb, wlio were then in other houses within the said fort, and whose names were as the de|)onent believes also included in tlie said warrant ; and this deponent saith, that in the evening of the same day, whilst the deponent, together with the said Robinson and the said John Warren Dease were in a room called the council- room, belonging to the saiil fort, the said captain Matthey came to them and told them, ttint the Earl of Selkirk had sent him to order them all out of the house, but as it was a stormy night his Lordship would permit them to remain in one of the summer-houses in which there was no fuc during that night, to which the deponent and the others having stated to tlie said captain Matthey, that they were deter* mined not to quit the house, unless they were forcibly compelled so to do^ and tlut they conceived that he the said captain Matthey, being himself legally a prisoner, could have no orclejs to give them »hich they ought to obey; the said captain Matthey replied, that lie should then make use of the means in his power to enforce obedience to his orders, ond immediately left them for th« present. Ihat about eight o'clock the same evening, the said captain Mattliey again returned into the room, where the deponent and the said Robinson and Dease were, bringing in with him seven ainie<l men, in the uniform of the late regiment Di Mcuron, all of them having muskets or fusees, and four of tlicm bayonets fixed, and which armed men the sold captain Mattliey accordingly placed as a guard over the defendant, the said Robinson, and tlic said John M'lknn, who had also come ashore witli them, and that tlit'v all tliiw; rfiiiiuincd under guard accordingly, and as the deponent con- ceivos, in tlie charge and custody, or uiuIlt the superintendence of the said armed men and others in tlie same unilbrm, who were from time to time sent to relieve them, until the Saturday following, being the (jth day of the month of November, at wiiich time the deponent left the fort to return to S" Marie, 'i'hat on J'riday, t!ic Cth day «;l'tlio said nioiitii of November, during the deponent's stay at Fort \V'illium as afore- .suiil, tile deponent and his party being in want of |irovisions, ho the said deponent told the said Earl of Selkirk, that he understood tlial tiii; said Furl was in posstssion of the keys of the North-West company's stores, and requested that lie would deliver tlicin, or direct that they should be delivered to the de|H)iH'nt, or give orders that the deponent or his party should be supplied with such articles out of the stores as they Imil occasion for ; hut w liicli the said F.aH refused, saying, llint he supposed the tlejun-jnt uiiiit be nwwe that the North- West coiiii>any had no stores tlierc, or sonic- it^ I . what
68
PAPERS RELATING TO THE
what to that or the like cft'ect ; tliat the dcponrnt llicrcupon told the sni'.l Earl, that tlie deponent Imd lienrd ot some transactions huvin<; tiiken place hctwcen liiin and the suid Daniel M'Kcnzir, but that lie did not conceive tliut uny sale C( d be valid that was trade by u person who was a |)risoncr at the time, and wlio Imd l)oen conlined in the common gaol and kept in a continued state of iiitoKicntiun ; that the said Earl thereupon answered, (hat the deponent was totally misint'ormed as to the facU ; to which the de|>oncnt replied, that he had himselt been an eye-witness of the said Daniel M'Kcnzic's confinement, and of the state in which he was always kept, until the time of the deponent's leaving; the fort ; whereupon the said Karl said, that it was 4iot to the deponent that lie had to aniwer, or somewhat to that or the like ertect. That on the same day, the said Robinson asked the said Earl, in the presence of the said ^deponent, whctiier he meant to yield obedience to the warrant or not; to which the eaid Earl answered, that be certainly did not, as he conceived it to be illegal. That the said captain Matthey also declared, during the deponent's stay at Eort William as aforesaid, that if he had known at the time of their approach to the fort, what their errand was he would certainly have shut the gates and not have permitted them to enter, or ht tot into a canoe and been off, and that the du|)onent and his party might have w ' ' iied i^t them. And this deponent fortlier saith, that finding it was the deterinina..an of tlic said Earl of Selkirk, and the other persons who had been so arrested by the said Robinson, to persist in their refusal to yield olicdicncc to the said warrant, and that instead of being permitted to complete the execution thereof, by bringing away the persons they had so arrested, the said Robinson and the dcpo- «eiH appeared to be themselves regarded as prisoners, being kept under tlie charge or superintendence of a military guard as before-mentioned, and l)eing moreover short of provisions, with which the said Earl refused to supply thcin, the said Robinson and ^I'Rean ; and the deponent left Fort William albresaid, on the said -ninth day of Noveml)cr now last past, in company together, and returned to S" Marie's, where they arrived on the night of the 24tli day of the said montii of November. And this deponent further sakh, that on bis arrival at Sault S" Marie aforesaid, he found thera one Mr. William Smith, who informed him, that subsequent to his the said deponent's departure from Saii!» St. Marie aforesaid, on the fi6th or ■J7th day of October now last past, in order to pruoced to Eort William, as herein before-mentiok^ed, he the said William Smith and some other persons, had arrived at Siiiilt S" Marie aforesaid, with some writ or process for restoring the possession of Fort William to the North- West company, and which he tlic said William Smith was to execute as deputy sheritf of the western district of Up|>er Canada; and that he the suid William Smith had accordingly embarked, in company with the said Pierre de Ilocheblave, on board a schooner culled the Invincible, in order to proceed to Fort William aforesaid, but that the said schooner luiving lieen wrecked a day or two after their departure, on the soutliern coast of Lake Superior, tl)cy had returned to tlic Sault, from whence the said de Rocheblave liud agttin einljurkcd, in a small canoe, with four or live hands, on or about the J 1st day ot Utc said month, in order to go by the way of York to Montreal, and which information lie verily believes to be true. And this deponent further saith, that during his the de|)onent's stay at Fort William as aforesaid, he was informed and verily believes, that the said Earl of Selkirk had, during the fall, removed one of the buildings which had Ix^n erected at Fort William aforesaid, or materials thereof, by water, to the G rand Portage, in order to set up the same there, and had also eixscted otlicr buildings at Mille Lac, and that he was also causing a road to be cut from Fort Wiilidui to Gocse Lake, the whole of which measures were, as tlie dqionent understood and verily iiclievcs, for the purjiosc of enabling him, the said Earl of Selkirk, to convey away the (iroperty at present at Fort M'illiain during Vac winter, or before the opening of the communication in the Spring, so as to get the same ■afely deposited before that time within those parts of the country, w hich he considers as belonging either to the Hudson's Bay company or to himself, under some grant or authority from them; and which the deponent is induced to believe from all the information he has received upon the subject, that tlie said F^irl will in fact be able to accomplish, unless he be prevented in the mean time from so doing by the interposition of a suflieient force; tlic said Eurl has, as tlic deponent supposes, in tliG whole at least 1.50 men, and perhaps considerably moi'c under his orders, and having also a considerable stock of cattle of every description, and having prepared a fumnlity of forage for their keep at Fort William, the Grand Portage, (Joose Luke, Alille Lac, and other places. And this deponent further saith, that during the period ef his stny at Fort William, between the 7th and ()th days of November now last past, he saw the scijeaut coiumauding a small party of the 37th regiment, which is at
present
■ f
RED RIVER SETTLEMENT.
CiJ
present oil duty at Tort Williinn nforcsi'ifl. and tlmt the said scrjcant asked, wliether the deponent or his companions liad any orders tor him tiom l)runnnond's Island, and that tVoni wiuit lie saw of the said Serjeant's bciiaviour, ho liad no reason to doubt but that lie and his party arc in a state of military subordination, and would be obedient to any lei»itiniulc military orders which they mif;lit receive. And tliis deponent further snith, that tlie said John Warren Dtasr, whom the said deponent found at I'ort M'iiliam as hcreinbelbre-iiientioned, had, in or about the beginning of the month of October now last past, been the clerk in cliar<;e of u post or trading establi.shmeht of the said North-West company at Lake La IMuie ; and that John Charles Sayer, another clerk, whom the defendant also found at lort Williani (and who has sinre accomijanied the deponent on his return to Sault S'' Marie) was also there at the same tiajc in tiic service of the North- West cuinpany ; and that the said John Warren Dcascand John Charles Sayer, both informed the said deponent, tlmt the said post w as, on or about the (jth day of the said month of October now last past, taken possession of by one D'Orsonnens, late a captain in the late ref^iment De Meuron, and at present in the em|)loy of the said Earl of Selkirk, who took out of the same all the arms and ammunition which had been therein, and at the same time delivered to the said John Warren Dease the paper-w riting hereunto annexed ; and that the / said D'Orsonnens had also at or about the same time arrested and taken the said Jolin Charles Sayer into custody as a prisoner, on some charge of a supposed otTunce, the nature w hereof tiiis deponent was not fold, and sent him as a prisoner from Lake La Pluic aforesaid to Fort William, .vhere he was discharged out of custody by the said Earl of Selkirk, who had stv<tc<! that the said Sayer hail been so arrested without his orders, all whirh information the deponent verily believes to be true. And this deponent further saith, that during his stay at SaultS" Marie, on his return from Fort William as aforesaid, the said William Smith in consbquence, as he stated to the deponent, of the information w hich was given to liim by the deponent and the said Robinson, respecting the apparent detcrmindtion of the Earl of Selkirk to resist the execution of legal process, delivered to the deponent a letter or written represen- tation addressed to his Excellency Francis Gore, Esq. Lieutenant-Governor of Upper Canada, which he read over to the deponent i and the purport of which, according to the best of the deponent's recollection and belief, w as to request the aid of some mili- tary or other force tor the execution of the process, with wliich the said William Smith is charged as Deputy Sherift' of the Western District, and which letter or repre- sentation the said deponent has delivered to 11. J. Houlton, Esq., Mr. Brackenridge, to whom the same was addressed under cover, being at present absent from .York, the said Messrs. Roulton and lirackenridge, being, as the deponent believes, botii of them concerned as counsel for the North-VVest company.
(Signed)
1 1 Sworn at the City of York, in the Province • > ••
of Cpper Canada, this 17th day of De- j. cember 1816, before us, '. - -
• . ,- (Signed) IF. B.Coltman, ■ •'•••■ i ' J, Fletcher. • • ' •
(A true Copy.) .. :.: '■ '-' • • • ■■
(Signed) J. Fletcher. , .■[,'.
Robert Mac Bohb.
..J
:i I. I
• 1 ;•• ;
I.,es circonstances alarmantes ou sc trouve dans ce moment le poste du Lac la Pluie, a forc6 le Capitaine P. D'Orsonnens dc s'emparer des amies et munitions du fort occup^ par la compagnie du Nord Ouest, pour la surete des siijcts de Sa Majesty (jui se trouvent dans I'endroit. Cette mesure indispensable pour la tranquil- \\\.{l du public otante k M. F. Dease, chef du poste, les moyens de trailer aVec les ijuuvages qui pourroient fuirc un mauvais usage des armes et munitions qu'ils re^'oivent.
, I'll outre le Capitaine P. D'Orsonnens pouvant assurer si.i sa parole d'honneur, qu'il attend a ehaque instant un ordre regulier conformemenl it la loi pour le deguer pissement du fort occupe par la compagnie du Nord Ouest, le Capitaine P. D'Or- .sonnens et M. F. Dease, conimis en chef de la compagnie du Nord Ouest, an lac La Phiic, out juu^; convenable.pour la surete de ehaque individu interesse dans les circonstances. actuelles de prendre un inventaire de tons les etiets a|)partenans k la eonqiagnie du Nord Ouest, dans I'endroit en y incluant les carhoi dc prwisions que seront annonc^s Jus(iu"i\ la fin de I'arm^e pour que le tout so' tidelemeht reinis an
.■)84. T commi*
70
PAPERS RKLATINfi TO THK
liirlosiue
(1) in Sir J. C. Sher- brooke's, of iii Juiiuarv 1817.
cotnmia <iu le eompafinic D'lliidsun (]ui soiit present dans I'ciulroit. C'cttc roinpagMie reiidre un compte exact scion la lui de tout Ics ohjets qui uiiront vie rciiiiH k leur conimis par ceux de la cotupa^iiic dii Noni (')uc«t, Ic ('Hpitttiiu- P. D'OrHOiincns «e rendant caution de I'execution do cettc arraiii>cineiU.
■ (Sig*) /'. /)'()r40MWfW4', Cap" Conid' Ir
poste d«i Lnc lu Pluie. John ly. Dease, i 'oiiiinia en Chef Temoins. pour Nord Oucst.
(SigD^) Jacques Chatdaiii, Comnii.s pour lu C'onipuguie Hudson. Ijuuis Noliii, pour lu CutnpHgnic lludsun.
I, Pnniel M'Kenzic, Es(|. a rctircti partner of the firm of the North-West com- pany, having been detained a prisoner at Fort ^V'illilun, by I>ord Selkirk's orders, from the 13th of Ati^u^t to tiie 1 ith of Oclobcr i8ii>, during all which time I uas in n state of inebriety and actual derungemcnt of mind, did, by the |)ersuu9iou of Lord Selkirk and his agents, sign certain papers und instruments of writing, purport- ing to be a sale of goods, packs of furs, vessel on the storks, un indenttne of agree- ment to leave to arbitration certain disputes and ditVerences between his Lordship und the North-West company, und u letter to the interior, stuting that the North-VVest company were ruined, &c. &c., all wiiich papers were dictated by his lordship and his agents. Therefore, from the causes above, the dread of u long imprisonment, and in hopes of obtuining my liberty, I did sign the said papers, ulthough unautho- rized so to do.
Tlierefore I tio, by IIkmc presents, now that I have my liberty, sokmuli/ protest against ull acts done by me as aforesaid, during the period ulM>ve stated. In witness ulirreof I have signed and sealed these presents, ui Urummond's Island, this nth of November, Anno Domini 1816.
Signed and sealed in presence of Jamts Cruel, Notary Public. D. Mitchell, i. v.
Daniel M'Kenzie.
Witness, W" Smith.
No. 14.
ji!'
w
s
I';
si
Copy of ft Dispatch from the Earl Hatiiurst, K. G. to Lieut. General Sir John C. Slicrbrooke, G.C. I). ; dated 17th Junuary 1817.
Sir, Downing-strcet, 17th .lanuary 1817.
I HAVE received and laid before The Prince Regent your several dispatches, which relate to the continued disputes between the Hudson's Bay and North-West companies, and the recent proceedings of Lord Selkirk in the occupation of Fort William, and the arrest of certain iiieinbers of the North-West company, on 11 charge of murder.
It appears, both from those disputchcs, and from the difl'erent representations which iiavc been received from other ({uartcrs, to be very doubtful, whether justice in this case can be satisfactorily administered, unless the persons accused and arrested by Lord Selkirk arc brought home und tried in this country. His Royal Highness is well aware of the great inconvenience wliich a trial in this country, of an act com- mitted in so remote a quarter, must necessarily impose on all the parties concerned, and it is therefore with great reluctance that this measure has been adopted.
VoM will take tlie proper steps fur the removal of tlic persons concerned, and you will convey to Lord Selkirk tiie ploanurc of His Royal Highness, that ho should proceed tu England with ttic necessary cvidcnco, to make good tlic charges which he iu»s brought againit the individuals above mentioned.
In the event of the trial having uctually taken place, and the parties accused having been acquitted, you will transmit home the minutes of the trial, and state to Ivord .Selkirk, that if it should appear by those minutes that there was no evidence iiguinst the parties accused, calculated tu raise su violent a suspicion of their guilt, us to account fur the strong measures which his lordship tliought proper to adopt for tlieir a|>prehen8iun. His Royal Highness will tiiink it expedient, in order to prevent a recurrence of similar outrage, to require uf the liudsun's liay company the imme- diate recall of Lord Selkirk, und liis dismission from all employment under them.
I have tlte honour to be, &c.
Lieut. General Sir J. C. Sherbrooke, (Signetl) Bathumt.
G. C. IJ. &c. ike. &c.
lii
RED RIVER SETTLEMENT. ''>
ft
Copy of a Dispiitcli from Lieut. Governor Gore to the Earl Bntliurst, K. G. ; duted Upper Cunudu, aytli January 1817,
My I^ord, Upper Canada, a9th January 1817.
I iiAVt. the honour to ncknowlcdpo the receipt of your Lordship's dispatch of the 7th of November last, requiriuQ that, with as little delay as possible, 1 should procure and transmit copies of the depositions upon which Lord Selkirk issued his warrant to apprehend Mr. M'Gillivray.
Mr. M'Gillivray having been committed to the gaol of Montreal, in Lower Canada, none of the documents which acccompanied the warrant are within any jurisdiction of this province, nor have I the moans to procure copies.
Your lordship will doubtless have received from Sir John Coape Slierbrooke, the governor of Lower Canada, a detailed account of the proceedings relative to Lord Selkirk and his colony, and the North-West company, at Fort William and the Red River. A special commission to proceed to the s|)Ot, having been issued by his Excellency, in which measure I fully concurred, rendering every aid in my power to assist in the investigation of the extraordinary transactioiu between the Hudson's Bay and North-West companies.
Should any legal proceedings be had againbt Mr. M'^Gillivray in this province, I shall not fail tu direct minutes of the evidence and other proceedings, to be prepared and transmitted to your Lordship.
1 have the honour to be, &c. To the Earl Bathurst, (Signed) Francis Gore,
&c. Sic. &c. Lieut. Governor.
No. i/;.
Copy of a Dispatch from the Earl Bathurst to Lieut. General Sir John C. Sherbrooke; dated 6th February 1817.
Sir, Downing-street, 6tli February 1817.
SINCE I had ti>c honour of addressing you on the subject of the disputes existing l)etween the Nortli-Wcst and the Hudson's Bay companies, I have received intelligence from different quarters, of the continuance of those proceedings which have involved the whole Indian country in disturbance, and which, if a check be not early put to thcni, threaten to be utterly destructive of the intercourse subsisting between that country and His Majesty's dominions. To prevent consequences so fatal to both parties, and so pregnant with danger to tlie safety of the Canadas, His Royal Highness The Prince Regent has been |)leascd entirely to approve of the appointment of Mr. Coltman and Mr. Fletcher as commissioners, to investigate and report upon the subjects of dispute between the Hudson's Bay and the Nortli-West companies. But as much time must necessarily elapse before their report can l)e received and properly considered, I r-> commandetl to signify to you His Royal Highness's pleasure, that measures should be immediately taken for putting an end to those violent proceedings which have latterly marked the contest of these two com- paniv<:s ; and witli this view, that each should bo restored to the possessions held by tliem previous to the cominoncenient of Ihcir recent disputes. You will, therefore, upon llie receipt of this dispatch, issue a proclamation, in the name of Tlic Prince Regent, calling upon the agents of each party, and upon all those whom cither may have enlisted or engaged in their service, to desist from every hostile aggression or attack whatBver ; and in order to prevent the further employment of an unauthorized military force, you will require all officers and men, composing such force, to leave, within a limited time, the service in which they are engagisd, under penalty of incur- ring His Royal Higtuiess's must severe displeasure, and of ibrfciting every privilege to which their former employnicnt in His .Majesty's service would otherwise have entitled them.
You will also require, under similar penolties, the restitution of all forts, build- ings, or trading stations, (with the pro- rty which Ihcy contain,) which may have been seized or taken possession of b ither party, to the party who originally established or constructed the same, and who were possessed of llicui previous to the recent disputes between the two companies.
You will also require tlie removal of any blockade or impediment, by wliicli any
party may have attempted to jtrevent or interrupt the free passage of traders, or
584. others
No. 16.
^^ PAP F, 11 S 11 !• L A 1 I X fi T O T U !•
others of His Mnjcity's subjects, or the natives of the country, with thrir nicrchuii- dize, furs, provisions and othiT cfl'ccis, tlirouj;hout the iiikes, rivers, rouds and overy otlicr usual route or comuiunirution hcretolort! used tor tlic puriioscs ot the I'lir trade in the interior ot° North America; und the full und tree |<rrini!>.sion tor all pernons to pursue tlieir usual and accustomed trade, vithout liindi lUice or niolestutioii ; dccliir- ing, at llie same time, that nothing done in con8e(|iienec' ot such proclamation shall in any degree bo considered to utt'ect the rij^lits which may ultimately be udjud^^ed to bt'lon<{ to either party, upon a tull consideialion of all the circumstances of their several claims.
I trust that the parties themselves will understand their own interests too well, not to yield a ready obedience to the commands of His Koyal IJi^hness; but, in order to ensure it, you will nut hesitate to arm the rommissioners with such additional authority as you nuty consider rt(|uisitc to eiWoicc the proclamation, and to tuke every other nreasurc in your power for securing tlic objects which Mis Koyal Highness has in view, namely, the cessation of all hostility both in Canada and the Indian country, and the mutual restoration of all property captured during these disputes, and the tVeedoui of trade and intercourse with the Indians, until the trials now pending cun t)e brought to a judicial decision, and the greut question at issue with respect to tiie rights of the two companies shall be definitely settled.
I have the honour to he. Sec,
Lieut. General Sir John C. Sherbrooke, (Signed) liathurst,
G. f. B. ite. &c. &c.
No. 1 7. Copy of a DisfNitch from the Kurl Iluthurst, K. (i. to Lieut. General Sir Jolin C. Sherbrooke, G.C. 13. ; dated nth February 1817.
Sir, Downin tit, 1 ith February 1817.
■ * I HAVE had the honour of receiving your dispa. , Irom No. O7 to No. "2 in-
clusive, which have been duly laid before 'I'iie Prince Kegcnt.
I learnt with great regret, that the commissioners of s|)ecial inquiry, to the result of whose labours I looked for some more precise information as to the actual state of the Indian country, and the means by which tranquillity might he restored, had been under the necessity of abandoning the object of their mission, und of returning to York. Under tl>e untoward circumstances which prevented them from reachin-^ the point of their ultimate destination, I have entirely to approve the measures which they adopted for making known the powers with whicli they were themselves invested, and for superseding those of the magistrates of the Indian country. And I trust, that when the road to Fort Williae.i is practicable, they w ill proceed to the execution of the important charge w hich bus been confided to them.
I am fully sensible of the danger which may in the interim result to the commercial
and political interests of Great llritain, from the opening which the conduct of Lord
Selkirk appears calculated to give to the admission of foreign influence over the
Indian nations, to the exclusion of that heretofore exercised by the subjects of Great
Britain ; and leel the necessity of putting an end to a system of law less violence,
which has already too long prevailed in the Indian territory, and the more distant
parts of Upper Canada. By resisting the execution of the warrant issued against
! him, I^rd Selkirk has rendered himself doubly amenable to the laws, and it is neces-
! sary, both for the sake of general principle, for the remedy of existing as well as for
/ the prevention of further evils, that the determination of the government to enforce
j the law with respect to all, and more particularly with respect to Lord Selkirk, should
\_ be eflectually and speedily evinced. Yon will, therelore, without delay, on the
receipt of this instruction, take care that an indictment be preferred against lits
Lordship for the rescue of himself, detailed in the atlidavit of Koln^rt Mac liobb,
and upon a true bill being found against him, you will take the necessary and usual
measures in such cases for arresting his Lordsliip, and bringing him belbre the court
from which the process issued. Surrounded as Lord Selkirk appears to be, with a
, military force, which has once already been employed to defeat the execution of legal
process, it is ahnost impossible to hope, that he will quietly submit to the execution
of any warrant against himself, so long us any opening is left for effectual resistance.
It is therefore necessary that the ofliccr, to whom its execution is intrusted, should
be accompanied by such a civil (or if the necessity of the case should require it, by
; ; ' . . _ i .■ _. . . i. ■ ..; guch
!ral Sir Joiiii
RED RIVER SETTLEMENT. 73
audi a military) force, ns niny prevent the possibility of resistance. The oflirer, iiuwcver, must he cnutioncd, that the force intrusted to him is not to he employed in the first inslnnce, Ixit is only to be resorted to in uid of the civil authority, in case of any opposition being made to the execution ol iiis warrant in the ordinary manner.
As it nppears not improbable, that Lord Selkirk may, previous to the issue of the process against him, have removed from Upper Canada mto the territories claimed by the Hudson's Diiy compimy, it will l)C necessary, in order in such case to give validity to the warrant against him, that it should be issued or backed by some magistrate appointed under the Act 43d oi the King, to act l)oth for Upper (Junadii and for the Indian territory. By t'lis means the warrant will have, under the pro- visions of the Act of i'ariiament, a legal operation, not only in Up|ier Canada but in any Indian territories, or in any other |)arts of America (without excepting the territory of the Hudson's Uay company) which are not within the limits of either of tiic provinces of Canada, or of any civil government of the United States ; and you will see the importance of not permitting the execution to be defeated by any irregu- larity in the warrant itself, or by any change of place on the part of Lord Selkirk.
As captiiin Mathcy appears to have been equally concerned in the rescue of Lord Selkirk, you will take, »ith respect to him, the same measures which you urc hereby instructed to adofit with respect to Ixird Selkirk.
If, houevcr, either from resistance on the part of I^ord Selkirk to the execution of the warrant, or from any other cause, the appearance of his Lordship before the court should nut be secured, the court will proceed to adopt, with res])ect to hi.s Lordship, such measures as would be taken by them against any other person simi- larly circumstancrd, who, after the issue of such process, should decline or omit to appear. You will not fail to communicate to me the result of these measures, in order that I may, in so extraordinary a contingency, submit to the consideration of Parliament, whether the urgency of the case does not reciuire the adoption of some special measure of seventy with respect to his Lordshi|).
You w ill not consider this instruction as in any degree superseding that which I had the honour of conveying to you on the (ith instant. You will equally call upon the military force employed by Lord Selkirk, to aliaiulou the service in which thev are at present engaged ; and you will acquoint them further, that if they permit tlicMselves to be employed in resisting the execution of legal process, they will be exposed to and prosecuted with the utmost severity of the law ; and you will equally enforce the mutual restitution of places captured, and the freedom of trade throughout the Indian territory.
I have only further to add, in reply to the inquiry contained in your dispatch. No. 70, that if the couunissioners are appointed magistrates of the Indian countries, in the terms of the 43d Geo. Ill, to which I have already referred, and to the terms of which it is important to adhere in their commission, their powers extend over Upper Canada and all those Indian countries, without distinction, even wkhin the limits of the territory claimed or possessed by the Hudson's Bay company.
I have the honour to be, &c.
Lieut. General Sir J. C. Sherbrooke, (Signed) Bathunt.
G.C.B.
Copy of a Dispatch from the Earl Bathurst, K. G. to Lieut. General Sir John C. Sherbrooke, .j. C. B.j dated nth February 1817. (Private.)
Sir, Downing-street, nth February 1817.
YOU will receive by the present mail, the instructions which, upon a consider- ation of your recent dispatches, I have judged it expedient to transmit to you with- out delay ; and I only think it necessary to address you privately on the subject of them, with a view of recommending that you should, if possible, warn Lord Selkirk of the danger to whicii he will expose himself, if he should [)ersist in resisting the execution of the laws. In otder more clearly to satisfy his Lordship on this point, you may communicate to his Lordship the substance of your instructions, and your determination to carry them into etVect ; and you may, at the same time, assure him, that the power of the law will equally extend to him, whether he be within the pro- vinces of Canada or within the territory of the Hudson's Bay Company.
584. U I think
No. iS.
n
PAPERS n E L A T I N r. TO THE
I think it ncccstnry aUo to call your ivtteiuinn to the coinmisAionH of the magiHtrute» appointed under the Act of tlic 4;)d Cieo. Ill, in order timt thrrr> may he no doul>t as to the extent of the power wliich they are authorized to exercise. 1 tuiie it for Itranted, that the coniii)i»sion!i nni in the form prescribtni in the Hecond section of tho Act, viz. constituting! them " Civil Magistrates nnd Justices of tiie Pence for any " of the Indian Territories or |>arts of .\merica, not within the hniitii of cither of " the Provinces of Upper or L>wer Canada, or of any Civil (iovernment of tin " United States of America, as well as v itltin the limits of either of the said I'ro- *' vinces." Should the conmiissions, however, be worded otherwise, you will ut once sec tiio necessity of rendering thenr. conformahic to the statute, and thus pie- venting any doubt a!« to the [tersons holding such conuiiissions havini; power to act as justices of the |)eace in Canada, as well as in those parts of North America which arc not within the limits of tiiose provinces.
I have the honour to hv, &c.
Lieut. General Sir John C. Shcrbrooke, (Signed) Bathurst.
G. C. D. &c. &c. &c.
No. 19. . Copy of a Dispatch from the Earl Uathurst, K. G. to Lieut. General Sir ■ John C Shcrbrooke, G.C. U. ; dated luth March 1817.
Sir, Downing-street, 10th March 1817.
I TiiiNK it proper to inclose, for your |)erusal, a publication, which it is under- stood is circulated on the part of Lord Selkirk, in justification of his conduct.
As his Lordship's arrest may place it out of his power to comply with the Prince RejicDt's conunands, to proceed himself to England with the necessary evidence against the persons accused by his Lordship, you will take care to impress upon his Lordship, the expediency of his taking the proper measures, that His Alajesty's government may be furnished with the evidence of which he is in possession against the i)ersons accused. Should his Lordship, however, decline doing so, you will direct the persons tvhose evidence, cither according to the inclosed pamphlet, or from any infarmution you have obtained, may appear to be the most material to make out (as far as the case will permit) the charges against the accused, to proceed to England, in order to make their depositions before the proper legal authority hi this country. I have the honour to be, &c.
Lieut. General Sir John C. Shcrbrooke, (Signed) liathurst.
G.C.B. &c. &c. &c.
No. 20. ^py 0^ * Dispatch from Lieut. General Sir .Fohn C. Shcrbrooke, G. C. B. to the Earl Uathurst, K. G.; dated 8th April 1817 : — Three Inclosures.
My Lord, Quelrcc, 8tli April 1817.
IT is with much regret that I find myself under the necessity of transmitting to your Lordship co|)y of a confession of a man named Ileinhardt, containing the details of a most atrocious munlcr committed by him and another person, at the instigation of a partner of the North-West company, on Owen Keveney, an officer of tlie Hudson's Day company, then being in the Indian territories ; and I also add copy of the deposition of one Hubert Faille, throwing further light on tiiis horrible trnnsaction.
iDdictments for murder having been found at Montreal in the last term against Keinhardt, the actual iK'rpetrntor of the murder, and against the partner and clerks of the North- West company, who have been accessaries to it, I have, by the advice of the executive council, issued a proclamation olTering rewards for the apprehension of tiic offenders.
I take this opportunity of transmitting also to your Lordship, copy of the deposition / of one Pritchard, an agent of the Hudson's Uay company; to which, as it contains / a circumstantial statement of the whole of the transactions at the Red River, from the commencement of the disturbances up to the month of August last, I beg leave to call your Lordship's particular attention. '. f . v' 1.. . . ^ ■■(■..
J , I have, &c.
The Earl Batliurst. ' ' (Signed) /. C. Slierbrooke.
RED RIVER SETTLEMENT.!
75
(Copic.) Inrlnnur*
" Hubert Ftiillc, dc lii paroissc do La Pruirio, dans lo compte de I Iiintingdon, (■)
dims le dislrittdt! Moiitrt-al, vovHutur, (''tantduOincnt u!t»crineiit<^',. depose ct dit, Que I" ^'J .''■*'; o!!*'" vers lu till dc UtC' passe, lui Ic (ie|iosaiit, purtit du Lnc la I'luie, dun.s iin caiiot ,\^f[\ lu,^, couiiiiaiid<^' par Muns. Cudot, iiictil, ct cuiiiiniiidc lacuiitpnKiiie dii Nord-Ouett, accoin- pagiie d'uii autre eanut, coininaiKle par Mr. M' l>onaell (que Ic dcposunt a cotendu appellor par d'uutre» vuvu^curH Caimdicr» " Lu 'I'^te Jaune ;" et (]ue le de|H)sant croit liiverner cctte ann(^e-ei au furt " Qui Apfiell<'-,") puur no rendrc au bus do la rivi^re : Que sur le iiiidi de lu (]uatrii!nic iourn(!'u iLsrencoutrerciitdeux petitii euiiotK, qui inontuiciit, sur lesquels so sont trouv^s ciiu| iii<!'tila ou boi.i bruit's, nienaiit, eoiniiie prisunnier un hoinnie dc bonne mine, que la dcpuKont entendit (■Uc nummc Kavanagb, qui avoit dcs t'crs aux mains ct dont Ics poignets, unt paru entl^s ct conimo us^s pur Ics fers, lui le prisunnier ^-tunt accus^ (disuicnt Ics nietifs qui ie nicnoicnt) d avoir tucr deux ou truis de scs gens : Qu'il v uvuit nlors dans Ic canot de Mons. Cudot, lui, le dit Cudot, (piutre Canudicni, dont le deposant, un nomme Lu I'ointe, et unnomm^ Valuis, ^tuieiit trois, et un aauvagc noii)ni6 Juscpb, ct (|u'on dit ^tre le fds dun autre sauvagc ou sauvnj;es8c appellee " La I'erdrix JUanc/ie;" et qu'il y uvoit dans I'autre canot, (-onnn>md(> par Mr. M' Donncll, six Cunudiens, dont trois ctoient nomni(^'s Ba- tuurncs, Ilusse. et I'lante : (jue la-dessus, IcditMr. M' Dunnell, a pnrlc* luni; temp.s avcc Ic pri.>4unnier qu'il a d(!'<;Brroti^ en lui 6tant Ics tiRrs,et nvec (|ui il a iiian;>6 : Qu' aprt^'s unc heurc ou deux d'entrctien, Ic dit Mun.--. .M Dunned conunundu aux mctifs ou buis-brules (|ui etoicntuvee le prisonnier, dc s'cn nlier avcc eux lesdits M' Donnell et C'adot, et qu' ils t'ussent rempluce par Ic deposunt, ie dit La Pointc et le ditsauvagc Joaepli, conune guide : Qu'il commanda d'^'scorter le prisonnier an postcdu l^c la Pluic : Qu'il n'y uvoit eux en t'uit d'armes que Ic t'ubil du sauva^ic, et quo Ic deposant uyunt reniar(|u^ au dit Mr. M' Donnell, qu'on avuit truuv^ ban de tcnir Ic prisonnier les fers aux nmins, quund il y avoit cinq personnes pour le garder, au lieu qu'on lavoit laiss^! libre quand il n'y avoit que truis, le dit Mr. M' Donnell a dit, qu'il n'y avoit rien k cruindrc, et (|u'il pouvoit assurer quo Ic prisonnier sc comporteroit tranquille- inent, ou quelquc cbose de m^me : Que la dessus le deposant, les dits La Pointe, et le suuvugi', ct le prisunniir, sont partis ensemble dans un des cunots, pour mcnter au Lac la I'luie : Que (Hindant le voyage, ct particuli^rement le deuxi^me soir quand ils (^-toient canipes, ct tandis que le prisonnier coucboit, le dit sauvage a tHqucmment indiqu6 unc intention \ tuer le prisonnier en le mettanten^oue, commc s'il vouloit Ic fusilier ; et conune le deposant ct le dit La Pointe s'y sont toujours opposes, le sauvage a fait comprendrc qu'il avoit I'idt^o que ce seroit agreableau dit Mr. M' Donnell qu'il le tuAt, ou que lui le dit Mons. M' Douncll, en seroit bicn content, ou quelquechose k cet efl'ct : Que qnclques iours apr6s ils rencontrt;rent en de^a du Portage du Rat, deux canuts, conimand^H par Messrs. Stuart, Fraser, Thomson, et I'erris, de qui ils ont obtcnu des vivres, et dunt Mons. Stuart a donnd dcs biscuits au prisonnier: Qu' a cettc occasion Mr. Thomson anroit remarqu^, qu'il vaudroit mieux de sc retourner au fort en bas de lu riviere, au lieu d'aller au Lac la Pluie, commc il n'y auroit point de canots, (|ui dcscendroient du lac : Que vers deux ou troies licues au-d(ih\ ils ren- contr^rcnt iicuf autres canots, chargi-s sous lu conduitc de Joseph Paul, conime guide, et que cumme le sauvage vouloit absolunicnt les quitter et refusu dc les accom- pagner plus en avant eux le deposant et Ic dit La Pointe, consentiriint entin de se retourner avec le dit Puul : Que leur canot ^tunt en mauvais condition, ils deman- dercnt au dit Paul de leur donner place dans ses canots ; mais qu'il rcfusa, en disant qu'il s'y seroit accorde s'ils avoient ^te seuls, mais que cumme il avoit ticaucoup dc poudrc avec lui, il cruignoit que le prisonnier ne fit quelques extravagances, c'est pourquoi il ne Ie pouvoit pas : Qu' 6nsuite ils ont accompagne ou suivi iu brigade du dit Paul en descendant la riviere, pendant cette journce-h\, mais ne pouvant plus tenir pas avec la biigade 1« dit Paul, les a laiss^s le lendemain en proc^dant en avant : Que le m£me soir, dtant campus, le sauvage lit encore de vives instances k tuer le prisonnier, et k cette fin chargea son fusil k deux balles, et coupa deux gros batons qu'il donna, I'uii au dcposunt, et I'autre il La Pointe, pour sc defendre (disoit-il) contra le prisonnier, en cas qu'il fit quelquo resistance, mab qu'ils refusoient con- atamment de s'y accorder : Que Ic lendemain le sauvage, qui etoit leur guide, ayant refuser absolument de les peruiettre dc rembarquer le prisonnier, ils le laiss^rent sur ^
une petite isle, ct se rembarquor6nt avec le sauvage : Que leurs vivres ^tant exhauss^s, ils ont encore mont^ la riviere pour trouver des sauvages qu'ils avoient vus, pour en • obtenir d'avantage, et les ayant trouv6i ont rest^s trois jours avec eux, pendant le- quel temps ils en ont achctes ; et que lui le deposant, auroit donn^ aux sauvages en payement, une ceinture et un moucboir de sole, et que La Pointe a donn^ un capot ; que pendiant plusieurs jour« apres avoir laiss^ le prisonnier, le sauvage se f^choit
584. coiitinuellcment
76
PAPER'S RELATING TO THE
1
continiicllcmcnt coiitre le d^posant, ct plus tMicore contrc La Pointc, apparcmtnent piiict'(iiril luvoit empt^cli^ de le tucr ; ct que pendent le temps ou ils etoicnt nvec les autrts sauvajies, le dit »u«va<»e Joseph <!"tuut furicux contie le deposant et Iji PoiiUe, pour avoir reJiiser de se renibarqucr avet; Uii, il uiit le caiiot en pi^ce8 a eoup d'aviron : Que le dit sauvage Joseph, ayaia nchetes des autres 9auvaj»es un autre canot pour one couvcrtc, ils se sont cneorc reinbarques avcc liii : Que trois jours apr«\s, le sauvajjc, s etant fAclie eontre La Pointc, parccque La Pointc a voulu inang^ nvant que le sauva<re auroit trouv^- lion de lui donner k nian^^er, ils sc sont eom- baU.us i^ coups d'avirons et de perches ; et que hV-dessus Ic sauvage pril son fu:il, qui etoit niors charjie de bidle, jmur tuer I^ Pointe, mais que le depo- sant o'«;?t dardi' sur lui, et la <")te : Que ic sauvage s't-tant repris avec La Pointe, ils se sont eniorc ninibattus A coupr< de b.lton, mais que La Pointe I'ayant vaincu le sauvage, s'est sauvi"- dans le bois : Que le d(''posant et La Pointe, apr .s que le sauvage fut parti, ne sachant plus Icur cheniin, se sont rendus ;\ tcls endroiti de la riviere el des isles, qu ils out .jug{'s les plus convcnables pour se nicttre dans le cheinin des canots qui pouvoient passer, ct que quatre jours H|)r<is le depart du sauvage etant 8ur unc pjtite isle nu milieu de lu rivii're, ils ont vu un canot du Nord qui s'appro- choit, dans lequci h(hi Mr. Arch^- (inides associ^'s de la conipagnicdu Nord Ouest) le dit Mens. Cadot, Mi". Grant, mct't" et coinmis de hi dite coinpagnie, lleinhard ci- devant Serjeant du regiment de Meuron, un noinm^ Rorluir, doiiiestiqnc du dit Mr. A-;che, ct sept m(5tifs, ct dans lequel etoit uussi le dit sauvage Joseph qui 6toit enveloppe dans one deque Ecossoise : (^u" aussitfk que la canot s'est rendu, le dit Mr. Arche sautu ;\ tcrre, et attunua le (k-posaiit et le dit La Poii;;c a coups de perches, en Icurs dcbitunt des injures dont ils nc savuient pas le motif, mais quits supposoici^t ttre occasioim^ pur la dispute ipiils avoient eii avec le sauva'c, et a continue'' ii les battre jusqu'ii le dit Rochon s'est Icve dans le canot, en disant aux autres (pi'il failoit dcbartiuer pour empt'clicr le dit Arche de les tuer : Que Ic dit Mous. Arclic tandis qu'il battoit le deposant, et le dit Cadot apres lui, ont fait des reproches pour avoii" M le fusil du sauvage, en disaut (piil n'avoit pas hcsoin de se m^lcr du sauvage, comme re n'ctoit pas dc scs alVaires : (ju" apres Its avoir balfu de m^uie le dit Mons. Arche, a nbligt' an deposant it au ilit La Pointe de s'enibarquer dans son canot, qui alloit vers If Ls'C lu Pliiie: tjue le lendiniain, avant midi, ayaiit rencontre uiie brigade dc canots avec des voyageiirs, le dit Mons. Arche lour a demand(f; s'ils nvoient vu le .Mons. Kavanagh, qui out repundu (pi' odi, et i\u' ou pourroit le trouver a pen dc distance parmi des sau iges, ct qu' vn consctiuenec Ic d(;posant el les autres ont trouve le dit kava;v,igh, I'upres niidi ipii restoit ave<' des sauvages, i\ I'endroit ou les atitres vjyageuri avoient indiipie, a la distance de trois ou qiiatre lieues de lendroit ou ils r.ivount laisse qurhpie jours uuparavunt : (jiic-la dt'>.iii>* le raiiot de Mons. ArclK'' et les autres, s(. mil a tcrre et tout le uir)ud<' dciiarcjuii, t iqiie .Mr. (iraut parloit avec le dit Mons. Kavanagii quehpietcuipt, en lui tcndant la nuiin et apparemmenl avec amitie; Quuprcs unc heurre ou environ, le canot de Mons. Arche paititen laissant a tcrre le dit Ueinliard, (ui nouim^' Menvillc, in^-tif, 1 1 li^ dit sauvage .Foscpli, pour les suivre dans im (ictit canot i.u- sauvage (que .Mon>. ArclH' avoit achet*"' |iour tlu nnn) avec U dit Kuvanagh (le dit Mons. ;* relic ayani derlarc, (|u'il ne vouloit |)as le laisser entrcr d.*ti> sa propre canot) les dits Heinliard Menvillc el '•.; sauvage disant, qu'ils alloient lis rejoindre an loir : Que le d/jiusant croit liien qu'on avoit dcsseii' avant (|ue de laisser le^ d(i- Id u)h(ird, .Menvillc, ct le sauvag .lostiph a tcrre; qu"il< menassent Ic dit Kavaniitf)i i r|iiel<iuc distance, et (pi' ii Ic tuassent, et que tout le moude dans !<■ cnnot dc Mori .\rcl>^ eu avoit coiuioissaiuc, lui li' deposant iivunt enlendii le dit Mcmliard dire tout haul an dit Menvillc dans h canot de .Mons. Arch^-, en pre.wnce dus dits Messrs. Arche, Cidol, (jiunt, Uochon, cc !es autr(:s, en parlant du dit Kavanagh avant leurdc'-baniuiiiicnt " tju il alloit bivnlut fnirc son tij/aire;" par laqudlc expression le deposant a hien compris (|u'il vouloit dire ipi'il alloit le tuer, ct que U dit Mcnvdle a |)urii au deposant y co^^c•nter, ct se presenter comme voulant aider au dit Heinliard dans i'cxtculion de tcl dcssf.'in, et de plus (pi'il y avoit quclquc conversation intre eux, tuicliaiu la re|)ar|i'ioii du butin ile Ka.unagli, lui le dit Menvillc disaut (pi'il auroit son cliapcau etuu outre, dont le deposant ne souvient pas du nom, disant (ju'il auroit ccs liottes, et (|u' entin le deposant ii'a point de doute (]uc tout le monde daui le canot de Mons. Arilie, n'ait partaiteineiit compris la nature du couiplot : iin uprcs avoir marehe qui hpie t»;i:ips A h' distance de deux lieues, ou environ, lui le deposant et les iiutrts ijaiii ic canot de .Mons. ,\r.-hc, sc soul encore dchurqucs iiii pcu avant le coueher du soleil, ct que pen de temps apres ils entcjidircnt un coup dc fusil A quelque distance, sur (pioi un des metits nouiine Dcsmaniis, cpij avoit [urii mecontent du meiitrc;, s'cxclamu, en parlant d(! Menvillc, " ////, le cfiic/i.' jv paric ijiiil a tui- k prinoiitiicr!" (juc (juchpic temps apres ils vircnt Ic dit canot de
sauvag
RED RIVER SETTLEMENT.
77
sftiivanc tonnicr la pointe iivec Heiiiliard, Mrnvillc ct le smivagc, mais que Kavanncjii n'y <H()it pas, ct «]iic li\ ilessiis Mr. Arclii', Cudot, Grunt <;t cles ftutres accoiuiirciit Hppuiciiiiiunt nvcc I'iiUention (in (Iciimndcrilcsnotivelles, ctiteinanJerc'iit " xil'ajf'airc. ftvil faitc?" a ()uoi Ics dits llciiiliard, Menvillcetic sauvai^c out ri'potulu, " i/iieoui:" Que quanu Ic caiiot s'est approcli^, le deposant sVst appcrru (ju'il y avdit dii s;iii;» dedans, it (jue I{cinliard, Slcnvillo, et les iiutrcs sc sont ddbnrtpu's ct rejoiiits a eiix Hulrcs : Que |)ei)dant loute la veillie tout le niondc parloit librcment du nicutrc ile Kavananti, <:t ksdits Hoinliard, Mcnville ct le sauvage, en out raconle les cii Constances sans n'ciuiijcnifnt, ct qu'ils out pani niCinc sen vaiiter: Que Mcnviile en paiticulier a dit an iteposant, en racontant k's (;iiconstanceP, ipie Kavanagli s'etoit d^barqu^', et (|iril ailoit m; rcnibarquer, ([uand Ueinliard qui etoit dcrriere iui, a donne un coup de itibre a It'iiauie, et rensuite (|u'il I'a pique u travers le dos, que li'i-des.sns Kavanajili auroit toaibe en avunt sur le canot, et s'^tant releve duns le iiiCiiie instant que Ini, Menville la tire a travels le col on bien la partic inferieure de la t<';te, el que la cer- velle auroit sorti de la tete ; et (piiis out ensuitc deshabillC" le corps et lont laisse tout nu sur !cs rodicrs : (Jue les dits Ueinhnrd, Menville ct le sauvai^e out ajjporte dans le dit caiiot de sauva^e, tout le butiii ile Kavunui;li, qui corisistoi', de deux valises eoiuerles lie poil, une ecntoire, son lit, sa tente, et puis les Imrdes quil avoit poites lois du nirulre : (^ue ses dernicrs consistoient dun -ipot f;ris, tin Imbit bleu, une vc£tc que le d{f'|)osant troit etie bleue, atissi uiu- j-itnde cukiUe ;;iisc, unc clieinise de coliin bleu et blunc, (t jiiiis une antri! de laine, *es bus et ses soulitis l'lim(,■(li^', et que le deposant a vii les liabits irans|)erc«'s de coups ct tout ensiinjilaiili's dans le c.inot : ( jue peu de temps apri-s luur arrivt't; le uietit Menville et le sauvage out lave I'liabit la veste et Ic chemise dans la riviere : Que le menie suir Ueiniiard ouvrit les valises de Kavanagli (en ayant trouv(! les clefs, disoit-il, sur sa prrsonne) i\ repaitit ecnx la de ses liardes (jiul a tronve de la nioindre vakur, jiarnii les liDniiiies en caeliant les autres dans le bois, et que Arcmille et le suuva;;^ out reteiiu ceux la rpie Kavanagli avoit porti's sur sa personnc : (^uf cette repartition cut lieu dans la i.iesence de Messrs. Arclie, Cadot et (irant, qui etoiiiU autour du fou on nuinie temiis : Quo le uu'iiie soir les dits Messieurs Arclie, Cudot et Grant, out exaiiiiiif' tons les nianiiscrits et papiers quoii a trouves dans les valises et recriloire du d(!'t\int. que Mons. Arclie bruloit a niesure, et q' o le Icndeniaiii dann le canot lis on: encore cNainiiie de ces papiers, apr/'s quoi le dqiosant a vti Mons. Aiclie ct Cadot en eouler iliiiis la riviere an inoyen de ])ierres envclopp(^es dedan'j ; et que Mons. Arclie auroit nnuiiqii^'', (lu'il etoit bien lienreux (jn'on c.voit tiie cetboiiiiiie la, comine c'auroit etc bien daiigereux on dcsavantageux pour Icf pens du Xord-t)uest sil avoit rencontre les gens de my Lord ; et le deposant dit 'leplus (lu'il a appoite a Monlreal avec Iui le dit capot que poi toil le dit Kavanagli .urs du nieulre, (piil avoit reeii dn dit La I'oinie (pii I'avoit oblenti il'un des inelil's en ecli<nii;c pour un autre, tr (]ue .e n.: capol ot a jiresenl coniine le deposant cruit au gret de police : et le depoMint dit de plus, rpie le leiH'.iiiain apres le nieutre, tout le partie a enibarqu(^' ensemble dans Ic canot de j\Ions. Arclie, en lai>sant derrii'rc eux le dit canot de sauvage pour aller an Lac la I'luic, oil ils se sont renikis la troisienie ou qu.itrieme jouiiiee : (Jue le deposant a rcnt^quelquc fcn!|)s, peutiire tiois siinaiiies oil environ, an Lac la Pliiie, qiiand il en est paiti accompagnif" de Mous. Dea.scet irois autres liouenes, Diiinai, le dit Lupoinle et I'oiiiir. pour ilesceiulre au i'oii NV'illiam: (ju'en passant le Lac Verniiglion ils out rencontre le capilaine D'Orsonnens a»te una brigade de six ou sept canots et cinipjante homnies ou plus, qui les a tait \iier, et quenrm Iui le deposant, le dit Ueiniiard, et le dit La Pointe, I'urent taits piisonniers au Lac lii I'luie, apivs la prise de ce |)ostc par le dit capitaine L )rsonnens.
lUe du
La nia
y
Hubt ■: Faille.
Afliniu' (levant nioi, a la \'illc de Montreal, te \ iugt-qnalrienie jour de Fcvrier, mil liuit ceiittt dix sept.
(SignO J- rietcl.er. (Copie.) Moi, sous signe Charles De Ueiniiard, in'etant rendu pri.-onnicr :'i capitaine Inrlofure D'Orsciinens au Lac la i'luie k-'.'dOct. i Si(', en conse iiieiue dedilk-rentes eiieoii- . .. ,('•') slances univees depuis le temps de mou .ser\ice dans la coinpagnie du ISord-(.)ue.',t, i,r,„,kp', „, ^.^ tt pour ce fpi' a rapport a la muitde Mr. (J'Kevcney, luis volonlairenienl la declu- .\|i.ii igi^. ration suivante :
Ayant tini moii teni|is deserxice coninic colour sergent dans le regiment de Meuioii,
j"ai etc ivcomuiandi' par Monsieur le lieutenant de .Messinii, coinmaiulant de ma
coinpaLMi'e \x Messrs. \\ illiani M'Gillivray it M'Lcod, pour Ctre conitni- dans la
^i>-4. X conipa£;;nie
78
P A P K 11 S 11 i: L A T INC. TO T H E
1%:
m
I
conipiiffnie de Nort-Ouest, et j'ui obtenu cnsuite nion conge du regiment Ic 24 AprH i8it>, pur recommendation pnrticiilicrc taite i\ Son Excellence Ic Gouvcrneur S. (r. Drummond.
Je me suis engauc nvoc In plus haute opinion que j'ai reru de Monsieur Mossani, pour servir avec tout Ic zMe possible une societd la plus honoralile et prot^g^ par ie (louvcnicment, ct j'-i elo tirs sati^t'ait tic pnrlir pour Ie Nord en compagiiie de Messrs. I.ieutenans Mc8«ani et Hrmiilpy, qui nvoient permission d'absence du regi- ment pom- SIX mois, siir la demande de lacompagnie de Nord-Ouest, pour rendre un compte inipartial au (iouverncment de tout cc qui se passcroit dans ce pais.
Durant la voyage jai entendu pavler plusieursfois dune opposition, sanscomprendrc ou et comme elle etoit, jusi(|u'a ce que nous sommes arrives an I^c la Pluie, 011 IMons. Jlrusani m'intbrma (|ue Mons. M'I/;od souhnitoit que je missc nion habit niilitairc. wnsi que mon cainarade Ileurter (Messrs. M'Gillivray, M'Leod et Messani nou< ayartt recommaiidt; de les prendre avant Ie depart de Montreal) pour pardilre dans un conseil de sivuv ,ges qui eut lieu dans la chambre d'audience oi\ Messrs. ^fcsiwni et Bromley out etc introduitscouiniecapitaines, moi et Heurter a Icur coti^ coumu" gens du roi. Mons. M'Ix?od dirigcoit ie discours part I'interprCte et laisoit expiiquerrtux sauvages ce qui s'etoit passe duns la Riviere Rouge, 011 Mr. Robertson avoir pris It- fort con)me un voif m, les prisonuiers maltraites, et apr^s Ic pillngr, tout briilc, et ce ((uon avoit ;\ craindre d'autrc violence : en consequence Ie Governc- nient avoit envoyc Messrs. les officer--, |)our voir que justice tut rendue ; et que Mons. M'Leod invita les sauvages de prendre parti avec lu coinpagnie de Nord- Ouest, ct de letn- donner assistance pour defendre leur droit. Sur (|uoi un chef des siiuvages ct 34 de ses jeunes gens apri's avoir re^'us des presens et ammunition, sont parti ic lendtmain avec la brigade, la moiti<; dans leurs propres can6ts, et la nioilic dans ceux de la brigade.
Arrives au fort bas de la riviere, Mr. M'Leod fit ouvrir les caises d'armes et armer les Canadiens, on embarqua deux pii'^ces tie canons de metal, et la brigade monta jiisquVi'la riviere de Mort, pour y atteudre encore des canots de Alhabaska, qui sont arrivtJs Ie lendcmain.
Lc 22 Juin la brigade est avancec dans la Riviere do Mort, et rencontra neuf barges de colonistes, dont Mr. M'Leoil visita toules les cabsettes, collies, &c. I've, garda beaucoup de papiers ; il ne lit prisonnicr ([ue .Mr. Pritcliard, de (jui les [uemicrs details des eventuieui oui onl eu lieu a la riviere Rouge furunt obtenu.
Avant r^trograd6 jusqu "au camftemcnt pren-dent avec les colonistcs, Mr. Rurkc. qui eloit blessc, rt trois autres sei-viteurs de la coinpagnie de Hudson, ont ^'le faits prisonuiers, et n)es tons assembles dans une tcnte doiit j'avois la surveillance. Ia: lendcmain Mons. M'l^o<l et les autres proprietaires preseiiS avec plusiturs commis, sont partis en ciinots, allege pour la fourcbe, ainsi que Messrs. Messuni et Hroiniev, ipii niissitot aprtXs leur rctour ct des autres ^^e8sieurs ;\ la Rivic're de Mort, sont partes avec Mr. Hughes pour I'ort William, pour apporter les noiivelles ;\ Mr. William M'tiillivrav, et de la se rcndn^ a .Montreal iminediatement. .Apres que la brigade fiit rasseml)lce, on m'envoya avec les prisonuiers an (ms de la riviiVe, et la l)rigude se rendit a.. ( iraiid Rupide, craignant que Mr. Robertson n'intercepla les eiuiots charges d'Atha- bnska, et Messrs. M' Donnell et M'LellHii sont arrives quatre ou cinq jours apri;s moi au bas de lu riviere avec quinze bois-brule, trois canons, dont deux petits de metal, et un de fer, deux fusils di rampart, et environ cinqiiante I'.isils (muskets'* de lancien nurticl de rarmi"!". An retcui de la bviuade du (irand Rapiile les prisonuiers out t'n- em- barques pour I'ort Willinin, et j id reeii la direction sous Ie coiniimiidemeiit de .Mons. M'Lellan, de mettre Ie fort en ctat de detlnce, tant eoiitre Mr. Robertson, (jui a etc suppose vouloir prendre ce poste d(! jirovisions, ou il y avoit 400 ou .",00 sacs de |)euii- ean qu" h reeevoirles eanotees, et 40 tiisiis en reserve, toiijours cliari;t''s, eliaquecniiot de la coinpagnie de Hudson (|ui teuteroilde p.i>Hr ie poste. .\yant appris que Ie Milord .Selkirk ctoil arrive au S.mlt, avec grand nombre d'homuiis. caiiuus, \e. on redoubla de vigilance au fort. NLLclhin fiiisiuit cioire a tout Ie nioiide (pie U; Milord Hu'ii leur plus grand cnnemi, avilissant son ciirneteie de toutes maniercs, et reprcsentunt Ie paniplilct de .Mr. Siraclian comme |virlaiit dc Milord avec trop de niodeiution, pub- Itant lopiiiion de trois avocnis pour prouvcr la iiiillite de la ehartre, et reprcseiitant Loiit >elkirk eoinine Ht;isSHnt sans autorite, et faisant des loix a sa fa^oii : (^ue Ie ( ioiivcruenn'iit <l<iit dceidcmeiit 1 11 tuveur de la coaipiigiiie de Nord Outsf, puisipiil avoit envoy*' d( ux otiiciers [loui voir <pje to'it etoit en r^gle : (.^ue tout ce (jue fait Ixnd Selkirk e.Vst sans la cuniioissanec ou I'agr^inent du (iouvernement. Dans lo commencement dWetit on iip()rii au bas de lu Rivie-re cju'll etoit airivc duus Je Lac
(la
|i:r
nil
t.iit
l(!
(1.1
•RED lU V E II S E T T L E M E N l'. 7,.
du Bonnet une barge d'Anglois dc In liayc D'lludson uvcc peu tic inondc. I'ar los premiers canots churgi?3 pour Athubiisku, il arriva iin lioimne cle cette barjzc, qui dit qu'il ne pouvoit plus rester avcc Mr. Kevcny qui conimandc ccttc barge, ct que sew cainarades <;chappcrnicnt aussi u la premit^re occasion; queiqucs jours aprcs quatrc autres homaics de cettc barge sont arrivc^i avec des autres canots puur Atliabaeka.
Deux ou trois jours apr{!s Mr. M'Lcod etaut arriv^ du Fort William exauiiiia les homn)e.s dent un nomme Hog a fait sicruient, que Mr. Keveney avoit cruellement nioltrait^ lui et ses camarades. Siir cela .Mr. M'Leod donna un warrant contre lui, et nomma inoi tt un de sos propres homines nomni<'' Caslalo commc constables pom aller I'arr^ter au Portage oCl les gens I'avoiunt abandonn^, Mr. M'Leod ordonna sIk bois-brul^s avec moi pour assistance ; en arrivant sur les dix heures du matin, jni trouv6 Mr. Keveney dans sa tente, et jo lui ai annonc^ ma mission, Ic faissant jiri- sonnier au nom du lloi ; il i'ut trf>s surpris, et saisit ses pistolets pour se defendre ; lui ayant represent^ rpic son opposition a la loi servit unc cause inevitable de s^h inort immediate, il resta tranquillc et dcmanda a voir le warrant par lequel il he arr^t^, I'ayant lu il vintde nonveau furieux, etjYivois beaucoup de peine a empficher les bois-brid^s de le tuer. Moiis. Keveney lut nnimend prisonnier au bas de la Uivii:re. .I'ai laiss(i I'interprfete Priineau pour avoir soin de ses propri(!"les dejk sous la charge de son coinniis noiniii^ Cawby, et de son domestiquc un Irlandois. Arrive au tort avec le prisoiinier, il eiit une vive dispute avcc Mr. M' Lellan, pretendant ne pas 6tre sous la jurisdiction du Canada, etanlsur le tcrritoire de la compagnie de la JJaye d'lludson ; il pretendoit 6tre inilependant des lois du Canada. Le lendeinain, vei-8 les dix heures, il tut euibarg^ pour Fort William avec cinq bois-brul(?s, i qui Mons. M' Lellan remit des tors, pour en fuire usage en cas que le prisonnier (it resistance. J'ai ensuite nppris des bois-brul^s que arrivifs au Portage, le pri.son- nicr se conduisit de nlalli^l■e h les ob'.iger de le jtarrotter, et Ini mettre les fers au\ mains. Le conunis de .Mons. Keveney (Cawby) 6tant abandonn^: se rendit au fort, demanda ;V Mon.s. M' Lellan de recevoir contre un refu la barge avec la charge, et de lui accorder la lilK'rt^-, ct encore un hoinnic pour retourner avec un petit canot an Fort Albany, d'oti ils {-toieiit vcnus. Le recu a ete d^livr^' pour quatre veaux, une alainbic, ime caisse d'armes, des quarts de boeuf salle, farine, &:c. &c. Au retour de Priincau au tort, il delivra des papiers de xMons. Keveney a Mr. M' Lelhm, et j»arda [wur lui les Imbillumens qu'il (Mr. Keveney) avoit laiss^s en partant pour F<nt William, et lit en outre pr(!'sent i\ Mr. M' I-ellan de livres, flacons a vin, elKuidcllicrs, tus.ses, et autres petits articles. Parmi les papiers il y avoit des in- .stnictions injpriui('e de la compagnie de la Have d'Hudson. .I'ai appris que Afoiis. M' Donnell ayant rencontr6 le prisonnier et les cinq bois-brul6s, rempUiea les cinq bois-brul^s par deux jeune Canadicns ct un sauvagc, comme guide pour conduire le prisonnie- au Lac la Pluie. Messrs. Stuart et Thompson ayant ren- contre trois ou qria;re jours aprtis ce canot, lo firent retourner ; les Cana- dicns et le sauvage sV'taiit dispute, ils se separerent, et les Canadiens ignonuit le clieuiin n'ont pu plus siiivre leur route, ont abandonne le prisonnier dans une petit i>ie, et sont rcst(! dans une autre isle pas loin dc lui. Mr. Stuart etant arriv^ au has de la riviere avec la iiouvelle que Fort William etoit pris, M' Lellan I'envoya avec un canot allege il Atliaba.ska, pour uvertir !\Ir. M' Lcod, et un autre li la Uiviiie Houge pour avertir M"ns. AP Donnell, qui arriva au bas <le la rivii>re Ic 4 Stptenilire dans la nuit avec les bois-briil^s et des sauvages. P(Mulant tons ce tcmpson attcndoit .Mr. Keveney, (|ui narrivoit point, ct on eonjecturoit, ou (|'ie le sauvajjsc I'avoit tue, ou que les t/anadiens s'etoicnt ^^gares, ou (jue le canot avoit fait nanfrage. Le cinq de Septeuibre Messrs. M' DoiHiell ct APLeilnn ont assemble tout le monde au bas de In rivi(>re pour un conseil; on re|/a'sentadans ime proclamation la prise de Fort William, et les dangers quon courroi'. en permeltanl h reiuiemi de pt'nctrer plus avant, et demanda ccux cpji voiidroient se rendre volontairement au I^ic la Pluie de s'annoncer. La plus part avant refuse, et prett^re liefendre Icnrs terrcs a la riviere Roui;;e, Mous. M' Lellan en prit un canot allege avec Mons. (irant, Cadot et moi, .sept bois-brules ct son domcstifiue, un Canadien, <lans I'intention de se rendre au Lac la Pluie, pour apiMTudre des iiouvelics, et t u ni'iuf! temps clierciar a decouvrir ce quetoit devenu Mr. Keveney. Pendant le voyage la eonveisatiou gcnerale ^^•toit qui si ou le trouvoit il talioit le tuer, etant unenncmi deter, nine di; la couipagnie, et qu'il pourroit f.ure heancoup de doinmauo a la liviere Kouge, si dans le temps U avoit occasion ile piendrc vengeance. Ajires (|uatre joins de marche, le sauvage s'cst trouv^; pres d'nne petite rivitre ; (luelcpics heures apriis on a apper^ui les Canadicns auxquels Mr. M'l.ellaa a aduiinistrd beaucoup d'invcctivcs ct piusieurs coups de perciie, pour ,')^4. avoir
8p PAPERS RELATING TO THE
nvoir batlu Ic saiivniic et nljiuidoniu' Ic prisomiicr ; Ics i)ois-biulc5 ont insu!*t' Ics Cniuuliins, pour avoir fini)i'clir an sauva^e ilo tucr lu prisomiicr, qui ilisoient il aiiroit <li*l i'tre mis a morl au moment quil lut pris. .Mr. M'Leilan s'ctunt intoriiic oi'i J pourruit trouver le prisoiinicr, il prit U's Caiiailicns dans lecaiiot, Icsaiivftgc y etunt dija recouvert d'un iimnti'nu Ecossois, atin dc n'llrc pas rcconnu. Mr. M'Leilan en iiil turieux en arri\ant A i'isle oii le pri-^onnicr avoit ctr abandonn^*, sans le trouvcr, cmyunt qu'il b\\.n\l ccliappe dii cote de la l!ave d'lliidson, cl cliercha cliez tons Ics saiivaiits jus(|ir a ic (piil ic troiiva par su tentt; oiii ctoit prt;s d'nne tamille de sauvajics, a (jiii M'Leilan lit i)ri'st'nl do rum ct tabac, ct traita nn p^'tit can()t pour iairc cnibar(nicr le prisonnier avcc iiioi un bois bruild' et le sauva)»e, disant il nioi, " Jliitix cniirc aii prmiiiikr i/u'il i/oit (li'uraitlrc an Luc la Piute; nous lie Jmtvons pas " Ic tucr id pariiii ks sanva^a ; inms vuun alUtulroiis plus loin, et quuud vous trouvaez " an iiulroit Juxovablc, vous saxcz cc <]uf vous uvez it J aire.' Sur quoi il partit, environ trois quarts d'lieurc apre.s ()uc les leinmcs sauvages eurent lini de gouiiner Ic petit cunot, Jul taitembarquer le prisonnier avec tout son bangagc, i\ rexceplion dun vali.-^c et un portemantcau, (|ui turent mis dans le can6t de Mons. M'Leilan, et environ un (prart do licuc do la la riviere laisant un coudc, ct Mr. Kcveney ayant demande dc metlre pied a terre |)our scs besoins, j'ai dit a Menville (le bois-brnle) nous .''ommt.s asscz loins lies .sauv,ii;r,s, tn |h;ux tirisquand il sera proelic pourse rembarquer, le sanvagu tenoit le eanot par devunt, et moi j'elois aussi a terrc, (juand Mons. Keveney ap|)r()eiia jxair .s'enibaripier, Mc-nviile lui laeiia son coup de tusil, dont le contenu lui traversa le col. et connne j'ai vii ipie le coup netoit pas assez mortal, et que Muns. Keveney vonioit eneort: parlor, etant tombt" en avant sur Iccanot, je lui ai (mss^ mon i<abre |)ar dorriero le dos ooiiiro io eieur, a deux reprises, a tin de terminer ses sout- iVances; ttanl l>ienmort ilsdepoiiillerentlccadavrc, ctieporteri.iitdansl(!sl)ois .M'etant rendu an camp de Mons. M' Ixllan (ini m voyant arriver le ()elit eanot, envoya ]\Icssrs. Grant ct Cadot, pour nic doniander si Mr. Keveney etoit tu^-, ayant re- pondn qu' oui, ils minlbrmcrent que Mons. M' Lclian les avoit envoyes pour uie doinur la direction de dire, <|u'il nest pus t'.ie, sur quoi je leur dis (pi'ii est tu^- et i]ne je no le eaelierui> pas, puiMju' il etuit execute par scs ordres. Arrive au camp ^1' Lclian a demande les det.iils du iiieulre, que ic lui ai donnes comine ei-dessus, ft je lui ai rcmis sa tentc, son lit, et tout le bai;ago, il examina luusles pitpiers pcn- <lant la nuit, brulant les uns, et gardiuil les autres, et le restc il remit a ma discre- tion ; j'ai distribue entro les bois-brulcs ([ueliiues iiabillemens portes. .Mr. (irant. deuiandoit la tentc, ct Mr. L'ailot didcrtus arlick?, el je coniptois do j^arder nn Cdli'ro avcc des luiliillemcns tins pour ma part, niais tout lut laisse en eaelie pour le nlour du Lae la IMuie. Nous aniMiine ie i,; Seplembre au sijir au lort Lac la I'l.iic, on trouvanttpic le tort ncloit pas oicupc par le parti de Lord Selkirk, Mr. .M' Lellan |)roposa de so rendre au I'ort William, pour obtenir des inteilinenccs, ee qui avant cle relusc par Ics bois-brules, il mc jnoposa d"y ilesceniire dans un petit eanot, a\ec deux ou trois Canadians; mais Mr. Deasc, ayant sa tamille au furt, demanda tt obtint d'y ailer a ina place. Mr. .M' Lclian |iartit pour le bas ile la riviere le dix .Sepl<;nibre, et nioi.jViois pdur rcsti r au Lac la "luie jusqu' an retonr de .Mr. Dease. Le deux Octobre, de grand matin, j'ai rc^u (uie loltre de cajit. D'Orsonncns, qui avuit appris par les sauva^i s (pie j'etois la ; il m'avertissoit de ne pas I'uir de I'euilroit, quil avo'.t absolunicnt a me parlor couccrnanl li s atiiiiios do la Uivii le Kongo, m'envoyant au niome l(nij)-< tuie co|)ie do la prcjclauiation ilii (ionvi rneinent. C'apitaine |y()rsoun(.n3 elant arri\»' sur los deux lieures avec .Mons. I)ea,-o, tl m'ayaut cxpliijuc los «'ii Constances d(!s deux touipa^nios, et (pir ceux d,i Nord- Oueat etoient a. la Uiviire Uouge, servient considoiY's connne rcbelles au (ionverno- inent, »'ils |)erbistoient dans leur coniluile. .'e Ins de plus s-urpiis de cMle nou\elli<, ct surlont tremis d'borrein'cn pensant au ciime atlVcux uui[utl eos .Moi^rH. de XuhU Oucsl mavoient lait |)artici|)er pen <le jo'.ir- aupaiav,\nt iin lu personwe do .Mr, Keveney ; ayant cm jusqu" a ce miouk nl la ni » lie coni>>Mnv- aux vieux du t louverne- inent, sur quoi je uie rcndis piisunnior au c.qiitaine U'lhinnneUs, it lui donnai tous Ics details ei-dessus. .^j^,^^,^,^ ^,^_^. /,^ ^^.^.^^^^^^^^.^^^
Tort Uillimn, le ^8 Octobre 1 8 Mi. ^■'^"""'^' ^''" '" <-'""'l"»H"ie 'l^' N"rd.Onr,t.
Iklore Tliomas Lad ot Selkirk, one nl Uh Miijijiity's .fusticcs assigned to ktvp tlio Peace in tlie Western di'^lriitoi Lp|nr Canada, and also in llio Indi.m torri- loiics, or p:nts ot' .\merica not «iiliin tlie provinces ol L'ppcr or L'.wir (anada, 8p|V>ttr((l Cbarles Heinbaril, eliargcd ivilli llie crime ol nund^l'i V»lio btin^ exa- Uiuied, contcijcd llut lie bad ussisleil in murdering Mr. On en hLcNeney, and gave
ill
IHl
RED RIVER SETTLEMENT. ^
ill the annexed statement, written with his own hand, and sij^ncil with his name, declarinj» tliat the same contained a true account of tlie transaction, and of the reasons hy wliich he was misled to participate in sncli a crime.
(Signed) C/ia' Reinfiard, Commis dc la Compagnic de Nord-Ouest. ' Declared before me at Fort William, on")
the 3d day of November 1S16. J (Signed) Selkirk, J. P. '
In presence of
(Signed) v ; , ,' .
■/'. Mathey, Capt. late De Meuron Regt. .. ,. ,
M'itnesses.
John It''. Ikase. / John Allan. I Alexander Bridport. [ liec/ier.
in
A true copy of the original confession in the Police Office, Montreal, 22d Fe- bruary 1817. _ , (Signed) . JM.Mondekt,3.V..
John Pritchard, late of Red River settlement, in the district of Assiniboinc in the indnsure territories of the Hudson's Bay company, Rontlcman, being duly sworn, deposeth (3)
and saith, that he was during the 13 years next preceding, and until the year 1814, '" ^"' J- ^- Sher- a clerk in the service of the North-VVest company ; that during nine years of that ';^''".-,'',g' "^ ^''' period, he was resident principally in the district of Assiniboine, and during the last two years had the charge of tl»e Norih-W'est fort at Qui Appelle ; that from personal experience of the pleasantness of the climate, ainl the fertility of tiio soil, and fronj a conviction of the benefit that would result from the establishment of a colony amongst the natives, towards whom his long residence amongst them hud excited feelings of strong attachment, this tieponeut was desirous of becoming a settler in that country. That he conceived it would be becoming in him to obtain for this purpose the consent of his former employei's, although there was no legal ohligulion on him to receive their sanction. That in the vear 1814, he went in eoiise()uence to Fort William, with a view to obtain their iippv<.l>;ition. That when ill Fort William he addressed himself on the subject to Willi.iui .M'Ciilhvray, l.sq. the head uX the North-West company, through the intervention ot Mr. John lialdane, one of thr North- West partners, and otlered to e\f>end the > ,;le amount of his earnings in their service, in the purchase of goods fr^wi ihem, with which he would return as a settler ; and offeied also to bind himselt in the sum of one thousan<i pounds not to op|)ose their interest in trade, or to form any connexion «ith the Hu«1mv»i"s Hay company as traders; that this de|V)miit receive<l for answer, liiat Mr. M'Viillivray, as agent for the North-Uest oon-'ui, could not consent to his retvun on those conditions, but otVered him a settlti..vi»t at the neighbourhood f York, in Upper Canada, in which he should iiavethe full suppirt of the \ortli-\\ t ^t comp.iiiy ; that tlii- deponent had afterwartls iuiervie«s with tiK said \N illiuni .Mtiill.vray, at Fort W illiam, in which the latter coutirmtil the siateiiunt and (ster^ mailt through the inter\eiition ol the hail! lleldaiie, wz lieforc-mentioned ; that tiii^s (le|H>iient ua.s about the same lime given to nnderslanii, bjf one of the clerks of the North-\\est company, that he had bellcr agree to Ihe jiropositions iiuule to him; for, if he attempted to letiun to Red Hivi'i, ciMi 'V to the inclination of his employers, he would be nmrdered cui the May; and m coniBCiiuciice of this intimation, tliis deponent was induced to seem tiH'illv to aeijuiesce in iheotVtrs made to him, but without giving any exjiress assent thereto. '1 hat this (le|)onent afterwards, to wit, in the Summer of 1814, came down ifo^ Fort Wii'.iam to Montreal, witiiout going to York, and was there otVered t ■ coir.agement by Thomas 1 bain, in the advance of goods on the part of the North- V>'est company, wiiicli ofters he rejected, and expressed his determination of |)roeeed- mg lo London. Tiiat thereupon the said Tliomas Tiiaiii, who is one of liii' pailiurs of the Nor•h^\'est company, solicited from this deitoneni a promise that he would not ^ecth(• V.\A of Selkirk, or any of the members of the Hudson's IJay company alter his arrival in London, until the friends of the saiil Thomas 'i'hain anil of tiiis 4le|ione'!t, hliou..! have previously met and consulted together; and that this deponent was induced to agree to the w'..,lii;s of the snid Tliomas Tliain in this iiarticuiar. 'i'hat after this agreement, ind before this (leponent had ijuitted Montreal, tiiis <leponent was informed by Dcuald M'Kenzie, Fs(|. now an agent of the Norlh-Wcst company, on the river Columbia, ami brother to Roderick M'Kenzie, Esq. of 584. Y Obscrvcbonu,-,
82
PAPERS RELATING TO THE
Oserrcbonne, a partner in llie North- West company, that it was tlic intention of the North- West company to seduce and inveigle awny ns many of the colonists and settlers at lied River an tliey could induce to join them ; and alter they should have thus diminished their means of defence, to raise the Indians of Lake Rouge, Fond du I^c and other places, to act and destroy the settlement ; and that it was also their intention to bring the governor. Miles M'Donnell, down to Montreal as a prisoner, by way of degrading the authority under which the colony was established in the eyes of the natives of that country. That this deponent, impelled by a desire to serve the interests of humanity, and a wish to prevent the destruction of a colony, which he thought likely to become a useful as well as flourishing establishment, thereupon communicated the information he hud received to Colin Robertson, an agent of the Hudson's Hay company, who was then in Montreal. That the said Colin Robertson in consequence provided this deponent with the means of going to Red River by Hudson's Bay, a circuitous route of 4,000 miles, which was chosen in order to avoid the risk ot being interceptcti by any of the North- West company. That the object of this deponent in thus renouncing his projected journey to England, and in travelling to Red River, was to apprize Governor Miles M'Donnell of the danger to which the settlement and himself were exposed, and to avert the evils with which they were menaced. That this deponent set out on his journey from Montreal on the 28th day of October 1814, but did not arrive at Red River Iwforethc 1.5th of April next ensuing, although he lost as little time as possible on the journey, which he was obliged to jwrforni almost wholly upon snow shoes. That on reaching the settlement at Red River, this deponent found that a great part of the measures, which, us aforesaid, Donald M'Kenzie had informed this deponent it was the intention of the North-West company to adopt, had already been carried intc execution ; to wit, that many of the colonists had been seduced to join Dunom Cameron, a partner of the North-West company, to whose fort, in the vicinity ot l.ic settlement, they had retired, and to which place they had conveyed the cannons c. which they had plundered the colonial store. That the day following the arrival of this deponent, the (Jovernor,' Miles M'Donnell, was arrested by some of the servants of the North-West company ; one of whom, in virtue of a warrant from Archibald Norman M'l^od, one of the partners of the said company, for a breach of the peace, declared tothe said MilesM'Donnell, that he arrested him in the name of the King, nnd exhibited at the same time his warrant, but did not require the said Miles M'Donnell to follow him, or to attempt to enforce his pretended arrest. That shortly after, while Milts M' Donnell continued ut large, Alexander M' Donnell, a partner of the Nurth-West company, arrived at Red River from Qui Appelle, with several bnttcaux, and seven Indians, most of wlii>m were chiefs of the Crec nation. That these Indians [laid tlie said Miles M' Donnell a visit, and thereupon the said Miles M' Donnell caused some liquor to \yc set liefore them, as a murk of civility they would most value. That the said Indians declined tastinj^ the liquor, and in conse- fjucnce, the jiersons present, among whom this deponent was one, drank thereof in presence of the Indians, to remove the suspicions they could not but perceive the Indians iiad been wrought upon to entertain; that immediately after this, the Indians also drank, and said they had been told by those in the employ of the North-West company, that they would be presented with poisoned liquor, hut that they had not given credit to the information, although they had not at tirst been willing to taste the !ir|uor. That the Indians then iu(|uirt'd of the said Miles M' Donnell, what was his object at Red River ; and when he informed them of his plans of establishinji a colony, and cultivating the ground, they wisiicd him success, and declared thot tliev would not make war upon the settlers, althougli they intimated that tlaiy had been solicited so to do. Ihat the said Miles offered to mukc the said Indians presents l)eforc they took leave of him; hut they »Ucliii<(l accepting tliern; stating, that if they riceivcd any thing from him, the S'orlh-VVest company would not give them the rewards they had piomi.sed th( ni lor coming iit tliat time to Red River, which were to consist, they declared, in the presence ot this deponent, of ginin, liquor, and clothing. That on the morning of the departure of tiiese Indians, almo<«t all the plough horses belonging to the colony were killed, hy being shot with arrov^s. That these ucls were coinniittcd, us the deponent afterwards learned, trom the .ifknowlcd;;- ment (jf the lurpetrators tli< niselves, by llic Ixjis-bruies nx'fifs, or half-hncds, in tlic .service of the North-West company, 'ihat the persons designated by the itppella- tions of bois-hrults nit'tifs, or halt-breeds, all which ilenominatioiis have l)Ui one meaning, aie illegitimate chililren of the partners and servants of the North-West company, chiefly by .^luve women taken |)risoners in war by the n»tivej of tlie
count rv.
RED RIVER SETTLEMENT.
«3
eountry* who have been purchnscd from the natives by the traders in that country; and that some of those ,who acknowledged to l)ave been concerned in killing the horses, told the deponent, that they had chosen the morning of the departure of the Indians, with a view of inducing them, the settlers, to believe that it was the Indians who had destroyed the horses. That subsequent to this, the half-breeds in the service of the North-west company, drove away the European cattle belonging to the settlement, to an encampment at a place called Frog Plain, within the distance of three or four miles from the settlement, where Alexander M' Donnell, one of the partners of the North- West company, liad stationed himself with a large party of Canadian and half-breed servants of the North- West company, and whither he had caused to be conveyed two of tlie brass cannon, of which tiie colonial store had been plundered as aforesaid. That after this, Loughlin M'Lean, a clerk of the North- West company, w ho had arrived fioni the Saskatehawine, with a party of half-breeds or bois-brul6s, went from house to house amongst such of the settlers as the North- West company's agents had been enabled to seduce, obliging them to deliver up to him the arms which had been given them as militia men, frum the colonial store. The said Loughlin M' Lean also took with him some of the settlers, as prisoners, to the encampment at Frog Plain, where they were confined, and one was menaced with being delivered over to the half-breeds to be scourged. That after every mode of disuniting, harassing, and alarming the settlers had been resorted to, the servants, clerks, and others of the Nortli-West company, came at divers times in large bodies to make attacks upon the government-house, the only place capable of any defence. That under cover of a wood, at a small distance of the government-house, they repeatedly fired oft' their guns against it ; and during one of their attacks, three per- sons were wounded, one oif whom, to wit, Joim Warren, died of his wounds ; another of whom, to wit, Alexander M' Ixan, lost the use of his hand, and was afterwards murdered in the massacre of the following year ; and the last of whom, to wit, Duncan M' Donald, completely recovered, but was also murdered in the massacre of the ensuing year. That in fine, Alexander M' Donnell, the North-West partner aforesaid, came with his party and cannon from Frog Plain aforesaid, and took pos- session of the house in which this deponent lived, as his head quarters, established an encampment near the government-house, and raised a battery against it within about 400 yards, on which he planted some artillery. That the governor. Miles McDonnell, hoping, as he informed this deponent, if he delivered hiinself up to the North-West company, that they would treat the colonists with more humanity, because on various occasions they had declared that they would be satisfied and molest the settlers no more, after the said Miles should be in their power, came voluntarily forward, and delivered himself into their hands. That after the said Miles M' Donnell had thus delivered himself up, tlie attacks upon the government-house were renewed by the party of North-M'est servants from Duncan Cameron's fort, and the inhabitants were fired upon, who thereupon finding that it would be to no purpose to endeavour to maintain their possessions against the force of the North-West company, were com- pelled to abandon the settlement, which they quitted about the end of.Fune 1815, after having several of their houses burnt to the ground by their assailants, the remainder of which were subsequently burnt. That the Indians in the vicinity endeavoured to put a stop to the aggressions of the North-West company, and as this deponent was told by themselves, had requested those belonging to the North- West company to make peace with the settlers, for which endeavours and projiosal they were ridiculed by the servants of North-West company, and were told by thetn to fight for tiie settlers if they chose. That they were assisted and protected by Indians in their retreat, as far as their assistance was required; and that ujton depart- ing from them at Lake \\'innipic, two of the Indian chiefs made speeches to the settlers, in which they expressed their wishes that the colonists would come back in sucl) numbers as to maintain themselves at their settlement, and added, that they, the Indians, would be at the same place about the time the young duck would begin to (ly (ineaninj.; about the middle of summer,) and hoped to meet and assist the settlers oti their return.
That this deponent proceeded from thence with the rest of the colonists to .Tack Hivir, in tlie Hudson's Hay territories, where the Hudson's Hay Company have a tradiui^ |i(ist, and where the colonists arrived early in July 181 v That ^ir. Colin Rohert.son, a gentleman in ihu .service of the Hudson's Day company, arrived at Jack llivcr with a large party of Canadians in tln^ month of August following, and otVered to tnk(! back to Red Uivcr, and to protect the colonists whotn he found at Jack Hiver ; an oiler which the said colonists, amongst whom was this deponent,
584< ♦ joyfully
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TAPERS RELATING TO THE
joyfully accfpted. Tlint the colonists in consequence rctumcti, accompanied l)y tlic suid Colin Robertson and about twenty of his men, to their fields at Red River ; and that of the hou.sis which were left standing nt the time of their departure, all imd been burnt during their absence, and that the greater part of the pickets and fences of the inclosed land had been also destroyed, together with the mill. Tiiat notwithstanding the injury that had Iwen done to the grain by the enemy, a pretty good crop was harvested and sccure<l ; and in the month of March i8ij, Mr. Alexander M' Donnell, tlic SheriH' of the settlement (whose name is the same us that of Alexander M' Don:iell, the north-west partner) arrived at Red River, with a number of families, whicli, including .servants, amounted to about iCJo persons. That this deponent hud been directe<l to go, and had gone, to a post culled Fort Daer, in the |>luins in the Hudson's Iky territories, at the distance of about go miles from the settlement, for the purpose of providing provisions, which could be more readily procured there than at the settlement. That the said SheritV M' Donnell came, witii about i()0 persons, shortly after to Fort Daer, in the vici- nity of which Peter I'ungmun dit Rostonois, one of the leaders in the attacks made upon the colony thn preceding Spring, with several others of he half-breeds con- cerned in those trans-actions, Imd estublished themselves by orders, ns they informed this deponent, on the part ot the North-West company. That this deponent en- deavoured to conciliate the said half-breeds, and was successful, when they were removed from the iiirtuencc of tiic partners of the North- West company, and had wrought so far on many of them in a short period during which that influence had not been exerted, that tlu.y riqucsteil this deponent to tiraw up a petition for them to the Catholic liishop at Quel)ec, that a priest nught l)c sent amongst them to give them religious instructions. That the said half-breeds declared that thny had been misled by the re|)rfstntations of the partners of the North- West company to raise their hands ogninst the colonists, for which they expressed their sorrow. That in the month of November iSij, this deponent received information that Alexander Fraser, a clerk of the North-West company at the river Qui Appellc, had ordered Mr. .John M' Kay, of tlic Hudson's Ray company, to quit the Hudson's Bay post at that place, and had even pointed at his fort one of those |)ieces of artillery that hail been taken from the colony the preceding S()ring, with a threat, that unless he consented to leave tlic place in twenty-lbiir hours, he would blow him and the fort to hell ; and tiint tiic said Fraser, at the same time swore, that as long as he had a heart in his body, a colony should never he established in Red River. That about the same perioil, this depunent received a letter from Colin Robertson, inti- mating, that ill consequence of tlie violent measures of the North- VV'est company at Qui Appellc, and in conscfiucnce also of a speech ol the aforesaid Duncan Cameron to the Indians, the tendency of which was, as the Indian interpreter Nolin several times informed this <leponent, to advise the Indians to drive away the settlers, and to threaten them with the power of his medicine (to wit a ball which he had in his hand,) if they did not comply ; he the said Colin Rol)ertson had taken possession of the said Duncan Cameron's fort at Red River, and hud also taken the said Duncan Cameron prisoner ; and that the said Robertson found in the said Duncan Cameron's fort, two pieces of artillery, a number of muskets, and many other articles belong- ing to the colony ; hut that the said Colin Roi>ertson, after this measure of self- (lelLncc, and after keeping possession of the tort for t«ciity-four hours, reinstated the said Duncan Cameioii, under a promise that the said Duncan Cameron would for the future so conduct himself as not to endanger the lives of the settlers, or inveigle away the servants of th'' establishment. That in the course of the winter 181.5 '""d iSH>, tliis cle(ii)ueit and those who were with him, were much alarmed by ri ports that the North-U'cst company were assembling at ditVerent posts in tiie north, numbers of the hull-breeds, tor the purpose of driving the settlers away, and that they wire expcrted to arrive ut the settlement early in the Spring; that the neaier tlic Spring approached, these reports became the more prevalent, and letters received from dilierent posts contirmed them. That the liunters and tliosc free ('anadi'ins who iiail supplieil ihe settlors with provisions, were much tcrriried with the dread ot the vengeance tiie North-U'est company niigiit iiitlicl ujxjii them, for the s;ip|)ort they had given the settlers. That the half- breeds, who had ItLcn stationed near Fort Daer, and had, during some time us aforesaid, appeared to be well inclined, and had got this deponent to write a petition for tiicm as aforesaid to the ISishop of Quebec, began, ubout the time of these reports, to show a disposition towards viuleiiee, and threatened to shoot the horse of one of the hunters who supplied the settlers. That in the month of
March
UKD RIVER SETTLEMENT.
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Mnrch l8i(>, Alexander Eraser, n lialf-brced, the same who has hrcn already nieii- tiuncd, as having threattiud to liluw up the post at Qui Ap[)c1lo, bcionning to the Hudson's l!ay company, and i>m\ Hesse, also in tlic service of die North- West company, arrived ut the |)osl where tlic half-breeds wwe sliitioned, near I'ort Daer, which excited micusnicss, as thc^ said Eraser was known to he violent, and a leader of the half-breeds. That on his arrival, tlic said Eraser sent threatening messages to the principal hunter for the settlers, and exerted himself to ulartn and seduce the servants and settlers, a rejiort being at lliut time prevalent that a party of half- breeds were to be sent by the Nortli-West company from Eort dea Prairies, on the Saskatcheware river, as soon as the niclling of the snow would admit of their travelling ; and the language of every free Canadian to the settlers was, " M^fiez- vous bien, pour I'amour do Dicu nicfiez-vous bien." About the same time, this deponent learned that the half-breed servants of the North-West company, who were in the plains, were ordered to assemble at the Nortii-W'cst company's post near Fort Daer, and did actually assemble there, which occasioned serious appre- hensions for the safety of the st tilers. That about the iqth of March i8ifi, Hugh M'Lean arrived from the settlement at Red River, with a letter from Colin Robert- son to Mr. M'Donnell, the Shcrift", informing him, that in consequence of having discovered the plans of Duncan Cameron, he, the said Robertson, had taken tl»e said Cameron prisoner, and possession of his fort. That in a few hours after the receipt of this letter, tlic said .Shcrifl" M'Donnell proceeded, with two constables and several other persons, to llie said North-West company's house, near Eort Daer, and arrested Messrs. Pan;^inan, Eraser and Hesse, before-named. That the said Sherifl* then requested the said I'angman to deliver the key of the store, which having received, the said ShcritV requested oihj of the North- West company's servants to open the door, and deliver to him the arms and ammunition it contained ; which were conveyed with the |)risoners to Eort Daer. That at Eort Daer an inventory was taken of the said warlike stores, in presence of the prisoners, and signed by several persons at Eort Da(!r; a copy of which inventory was oH'ered to the said Pangman, which he refused to accept. That the said Sheriff' McDonnell then told the said Pangman, that self-defence, and the security of the lives of the settlers, obliged him to take the steps he had done ; at the same t<me, the said Sherid' dffered the said Pangman the key of the store, to the end that he miglit ap|)oint any person, in whom he had confidence, to transact the business of the North- West company ; and further said, that far from wishing to molest their trade, he would be ready ta give it any protection in his power. That this offer was repeatedly made to the said Pangman, and as ol'en rejected. That on the second day after their arrest, the said Pangmaii, Eraser and Hesse, were sent down as prisoners to Governor Semple, at the settlement at Red River. That about eight days after their arrest, tlie North- West company's servants at that post came to inform the persons at Fort Daer, that they were about to abandon the place. That previous to this, only the arms and ammunition had been taken from the North- West company's post, the securing of which had been considered necessary for the safety of the settlers j, but as soon as it was ascertained that no one would remain in charge of the other pro* perty, it was brought over to Eort Daer, rather than it should remain exposed, in the absence of those to whose employers it belonged. An inventory of the said pro- perty had been taken very shortly after the arrest of the said Pangman, Eraser and Hesse, without, however, any intention of removing the same, if the servants of the North- West company had chosen to continue in the charge thereof. . hat the property so removed to Fort Daer was afterwards sent down to Governor Semple, at Fort Douglass, or the settlement at Red River, in virtue of a written order from the said Governor Semple to this deponent, stating, that in consequence of the North-West company having seized the property of the Hudson's Ray company, in Peace River, it would Iw necessary to hold son)ething as a pledge for its restoration. That this deponent afterwards understood, that Governor Sem|)le had caused the said Pangman, Eraser and Hesse, to be liberated, upon giving security to keep the peace, utter they had expressed contrition for their past conduct. That this deponent, about the 26th April iSiti, left lort Daer, with the colonist-* and servants who had wintered there, and arrived at Eort Duugta'^s, or the settlement at Ued River, about the 30th day of April iSiti; and that in liic eo!n"sc of t»o or three tinys, the settlers were placed upon their respective lots of land from tlie lot t downwards. That towards the latter end of May, the (Jovernor informed this tleponent, that ho expected a large .supply of peniican from Qui Appclle, as well for the supply of the settlement, as for the trsc of the Hudson's Day comiiaiiy's traders. That the 5S4. Z pemieuu
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PAPERS R E L A T I N Ci TO T H E
iicmican not arriving, the Governor, under some anxiety, wnt a fine Cunailian (o [Irundon House, about halfway between (Jni Ap|H'llc and tiio lied Kivcr settlement, to obtain intcllij»encc respcctini; it. Timt tliis uk sender, iift'.r Jive or six days absence, returned, sayiu)^, he had been intercepted on the roud by the North- West company's .servant<<, and coni'MCtcd to their CHtalilibhnient near IJrandon House, tvhere CJovemor Senipie's letter was taken from him. He wus I lien allowed to pro- ceed by those who had plundered him; to wit, I\Ir. Tidier, ol llrandon Hou&?, on condition of his brinjiinj:; buck no letter. That there tlie said Tidier informed tho messenger, that the ImU-brecds had taken all tiie huat.'s with pcmiean shortly after they had left (jui Appelle, and that oil the oiru'cr!> ond servants of the Hudson'i Hay contpany, to;;cther with the boats of pcmiean, huil been taken to the North* AVcst company's ibrt at Qui Appelle, where Alexander McDonnell commanded. That the mtelligcncc brought by this messenger wa.i some time afterwards con« firmed by the arrival of some of the servants who had been taken to Alexander M'Donncll's fort at Qui Appelle, with the boats and pemican, and bad be«a liberated upon giving au et^gagcment not to take up arms against the North- West company. That the same servants, and Sutherland, who connnunded at the Hudson's Day pobt at Qui Appejle, related, that the half-breeds in service of the North" West company were continually vowing the destruction of the colony, and that tliQ said Nor(h-\Vest partner, Alexander Al'Donnell, declared, that the half-breeds 9nd the North- West company were one, and that tho half-breeds were his light troops.
'I'liat such was the impression made upon tlie minds of the free Canadians by thU intelligence, that they departed from the neighbourhood of the Red River settlement, and went to the plains, and some of them to wliom the colony was indebted for services rendered, after statinc thut tlicy were persuaded that the colonists would bo expelled, requested governor Semple to secure them the payment of what was due, in case such an event should huppn, which he did. by giving them promissory notes, payable either in Red River, at York factory, or ut Montreal. That about the 1 6th June i8iC, an Indian, named Mistouche (who had been brought up amongst whitQ |)cople) arrived, and told that he had made his escape from the half-breeds, who were then encamped nt Portage des Prairies (two days journey above Tort Douglass, on the Red River settlement,) and would assuredly, m a day or two, attack us at the settlement. That as soon us the Indians in the vicinity heard of this, two of their chiefs came and held a council with the Governor, Semple, saying they were come ta take their father's advice, and desiring to know from him how they were to act That they were certain he would be attacked, and if he wanted their assistance, they and their young men would be ready to defend him. That the said Semple desired that the Indians would not interfere. After which, the said two chiefs, one of w horn was of Lac Rouge, and the other of the Red River, retired ; and this deponenti going out of the room in which the council was held, shortly after them, found tlicm, uttering tl>e most bitter laiDcnlations and expressions of grief at the Govemor'st having rejected their assi.stuiice. That the next morning the said Indian chiefs canoe, again to Governor Semple, and said timt they were fearfiil he and the colonists; would be expelled, ami that in consequence they should be made miserable ; they, therefore rcqucsteil liim, lest such an event should happen, to give them soma ammunition for the support of their families. Tiiat the said Ciovernor replied, that hS; did not fear these people (meaning those who were reported as couiiiig) at all, but as nothing was certain in tlii£> life, he should order them a suflicicuey of anununition for the support of tlieir families during the Summer. That a lew of the free C'anadianSi who had lingered in the neigh hourhootl, likewise oliored tlic Governor to take part. witJi him, but he declined tlieir services also, not wishing, in case the North-W'esti company's scrvmts should attempt to destroy the colony, that the said Canadians should fight against their countrymen. That on the evening of the loth June, a man in the watch-liousc at Tort Douglass, called out that tlie half-breeds were coming. That the Ciovernor, this deponent and some others, looked through spy-glasses, and, this deponent distinctly saw some armed i)coplc ou horseback passmg along the plains ; that having laid their .s|)y-glas8es down for a. mijuiciit to converse on the.- subject, u person lioin tlie watch-house called out, they (meaning the horsemen) are making for the settlers ; on which, by a sudden and common im|)ulse, and without; any order, everyone laid hold of his arms, and thereupon the Governor said, "Wo " must go and meet these people, ict 20 nien follow me." That there was at that: time in Tort Douglass between sixty and seventy men ; that no orders were given by the. said Scmjile to any persons iudividuollj tv follow him, but about 20, among whom wasi
4bu
n E D II I V E 11 S K T T I. F. M K N T.
"7
tliis deponent, imnicdintcly nccompuiiicd him; and lie wns so niiicli Ixlovrd, (Imt ivory |»«»rson at llio tort would wiliini»ly have goiii", lind he not liinitrd the iiuuilx-r ol those whD «eru to follow liiiii. That llic (.uvcrnor mul his party iTioardcd hy the roiulloadins d()« n the settlement, in the rear ol'thc .«cltlriiiriit, the hahitatioiis ultiie settlers being bel«(en the siiid road and ttic river. Timl iis they ucie ^oinj» ulon^, they met miiny ot the settlers running in nrent terror to the fort, eryinj; out, the hnlf-breeds ! the half breeds ! and tliat tliey ?^aw others running from tlifVerent quarters towards the said fort. That « hen the said (iovernor and his party were ndvanced about three-<|uartcrs of n mile along the settlement, they saw Kime people on horseback behind a point of woods ; that on their nearer approach, the party seemed more numerous than it had appeared before, on whieh the (lovernorniadc n halt, and ordered .John Burke, the colonial store-keeper, to return to Fort Douglass lor a piece of cannon, which fleluyinir to arrive, he directed his party to advuna; in tlie same road leading along the settlement, into which avenues led from the settlers dwellings. That tlicy had prnccedcil but a short distarire farther, when the entire body of half-breeds and Canadian servants of the North-West company (of whom they had bcfjre seen only a small jiart) on horseback, the half-breed servants, with tiieir fucc« Mdeously painted, and in tlic dresses of Indian warriors, came forward. That as they advanced with far superior numbers, and on horseback, this deponent was convinced, a> all the rest of i:is party seemed to be, that they were in great danger. That in consef|ucnce, the (iovernor's party, by conimon impulse, but without any express directions, Iwgan to retreat, walking backwards, at the same time extend- ing their line, which had bt'tiire been only an Indian file in pathway of the road, so as to present a larger front to the horsemen. That tiic horsemen, notwithstanding they saw the said Governor's party draw back, still continued to advince on them at a bard gallop, and surrounded them in the form of a half-moon. Almost inmie- diately alter a Canadian, named Houch^', rode up to them waving his hand, and calling out in a most insolent tone, " What do you want ? " The Governor replied, " ^V'hat do you want?" to which }5ouch(5 answered, " We want our fort." The governor said, " Go to your fort." Tiiey were by this time near each other, rind did not speak loud enough for this deponent, who has at a little distance, to hear; (hat this depo- nent shortly after sow the governor take hold of Bouche's gun, and alttiost immediately -a general dischat ji^ of fire-arms took place, but on which side it commenced, this deponent could not distinguish, his attention being directed towards his personal defence ; that in a fe%v minutes, almost all the governor's party were either killed or wounded. Captain Rogers, R. V having fallen, ro*' up again, and came towards this deponent, when not seeing any rrfher of the party who was not Killed of wounded, this deponent railed out to him, " For Gnr!'« sake give yourselfup;" he ran towards the enemy for thart purpose, raising up his ids, and in Fnglish and broken French, called out for met '•' That thereupon, a Im *>reed by th< name of Thomas N^Kay, well educated, a c\f 'k of the North- West cot. tany, and son of Alexander M'Kay, shot him through thf head, and another cut o\)in his body with a knife. That 'br- tunately for this deponent, a Canadian named Lavij^ne, joinin;' his tDtrcaties tiy the deponent's, saved the deponent's life, although with the -greatest <lifHculty, and after having received some severe blows in the d poncnt'.s defence. '1 iiat the said (iover- nor Sctnplc dill not, as this deponent bcli' os, give any orders to his party to fire, hut on th(; contrary-, uhen upon the advanc >{ the horsemen, one of ilu jiarty said theymnst lire to keep the horsemen off, theCio\ ' rnor rtprovtil him \\ itii gri.i ' severity. That this deponent was, after the massacre, eoni-eyed un i^.r the guard of two Cana- dian servants of the North-West company, to wit, one Morin dit ^'^Trault, and one Mafioan, to Frog Plain, where tl'.ose concerned in the inassaeie hati lixed their head- «iunrtcrs. That on the way to Frog Flain, tiiis deponent olViicd to the said Morin, 1,000 livres, if he would allow this ileponentto s«'ini over the river, anil go back to Port Douglass, ns he rxp.d.d ;i^ he murdered at Frog Plain; which the said .Morin refn?ed, telling the depom nt, that he, iho deponent ucli knew that if lie did so, he the said Morin would be inmish^d by his employers, i'hat when arrived at Frog Plain, this deponent saw thi re a? (jrisoners, Alcxaiuler Murray and bis wife, two of William Ikinnorman's children, und Alexander Sutherland, settlers, and likewise Anthony M' Dotuiell, a servant; these persons having been taken prisoners before the nmssacre. That, with the exception of this deponent, no quarter was given to any, althoiigli two or iIik^p, as this deponent understood, escaped by flight at the com- mencement of the tiring. That few of Governor Semple's men were killed outright, though they wxre gcnci-ally wounded by the discharge of the musquetry ; but the Ijorsenien galloped upon thctn, and barbarously tcraiinated thdr existence, although 6^4. many
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PAPERS RELATING TO THE
many seemed not to be mortally wounded. That while they were conveyiiii; the deponent away, several of those who were only wounded, called to this deponent lor Uod's sake to come to their assistance; and several of the half-breeds ulterwards lold him, that they Imd completely dispatched those who were only wounded. Tliat Governor Semple, ns Cuthbert Grant, a clerk of the North- West company, and the commander in chief of their forces, on this occasion (there being several other subor- (t;r««tp rommanders,) himself informed this deponent, was not immediately killedj but was wounded by a shot from Grunt himself, and lyin<:; on the ground, his thigh being broken, addressed the said commander by inquiring it he was Mr. Grant ; and being answered in tiie aliirmativc, said, " I am not mortally wounded, and if you could get " me conveyed to the fort, I think I should live." Tliat the said Grant promised to do so, and then left him in the care of a Canadian; but that the said Governor was Afterwards shot through the breast by an Indian, who as the said Grant also told this deponent, was the only Indian they had amongst them. That amongst the subor- dinate commanders of the North- West force on this occasion, were the aforesaid Alexander Frascr, one Bomassa, Antoine Hoole, Thomas M" Kay, one Prima", and La Serpe, all of them clerks and interpreters in the service of the North- West com- pany ; all of whom except Hoole, bad been educated in Lower Canada, as this deponent was informed. That the most violent were generally those who bad been sent to Red River by the North- West company, from the greatest distance. That amongst the Canadian servants of the North-\\'est company known to this deponent, whom he saw on the field at the time of the massacre, were one Deschamps an interpreter, Joseph Hup^, Morin dit Verrault, Lavigne, Bouch^, and Alageau. Tliat twenty-one of Governor Semple's party were killed, to wit, the Governor, captain Rogers, R. E., Mr. Jaines White, surgeon, Mr. Alexander M' Lean, settler, Mr. J.P.Wilkinson, private secretary to the Governor, and Lieutenant Holt, of the Swedish navy, and fifteen servants. That the North- West forces on this occasion, as the said Grant informed this deponent, were about 62 persons ; and tlial the said Grant, in many conversations which he had with this deponent, always spoke oi iviiat bad been done, as having been done on behalf of the North- West coinpany, and not for any other cause. That the said Grant also informed this deponent, that they had not expected to have fought tlie Governor on that day, for in that case they would have allowed him to pass some part of the woods, before :they had shown themselves in force, and would then have run the Governor's party, like buffaloes in the plains, so that not one would have escaped. That this deponent then inquired of the said Grant, in what mode he expected to have proceeded, to which the said Grant replied, that it was their intention to have laid m ambush about the fort, and to have deprived the settlers of the means of sub- sistence from the river, and from the resources of the country, and to have com- ipelled them to surrender by starving them. The destruction of the colony being the sole and undisguised object at that time in view. That of the North- West company's party, one man was killed and one wounded. That on the evening fol- lowing the niassacre, when this deponent tvns a prisoner at Frog Plain, the said Grant told him tliat an attack would that night be made upon the fort, and if the people fired a single shot, a general massacre would ensue. " You see," added the said Grant, " the little quarter we have shown you, and now if any further rcsist- " ance is made, neither man, woman, or child shall be spared." That this deponent foreseeing the inevitable destruction of the poor settlers, unless the greatest pre- caution should be taken, asked the said Grant if there were any means by which the lives of the poor women and children could be saved, and intreatcd him in the name of his deceased father, whose countrywomen they were, to take pity and spare them. Tliat he then aid, if the colonists would give up all public property, they should be allowed to depart in peace, and that he the said Grant, would give the colonists a safe escort, until they had passed the North-^Vest company's tract in Lake Wiiinipic, which he said was necessary to protect the colonists from two other parties of-half breeds, that were momentarily expected to cume up the river ; one of which, he said, was commanded by Mr. William Shaw, son of Angus Shnw, Esq. and the other by Simon M'Gillivray, son of the ilonourable William M' Gillivray. T.mt this deponent desired leave to carry tliis proposal to Mr. Alex- . andcr M' Donnell, the SheriflF of the settlement, which, after some diificulty, was granted, on this deponent's solemn promise to deliver himself again into tlieir hands, •this deponent being previously told, " to lake great cure how he acted ; that he well " knew it was impossible for him to make his escape, and that if he forfeited his word, " he should be tortuied to death in the inobt cruel maimer." That in consequence
of
' I
RED RIVER SLTTLLMENT.
%
nveyiiig tlie epnnent lor rwanJs (old ltd. Tliat ny, niul ihe itlier subor- l<illedi but tliigli being and being u could get )romised to vernor was so told tiiis the subor- ! aforesaid rinian, and W^est cotn-
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deponent,
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it the said spoke of
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ly, for in
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itest pre-
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s Shaw,
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cf this permission, this deponent went to Fort Douglass, luul there Mitncssed a scene of uiiparallellcd distress, tl)c widows, children and relations of the slain being in a perfect a^.ony, lamenting the dead, and despairing for the lives of those who yet survived. That when this deponent was allowed to leave the Frog Plain, it was late at night, and aftci- having made three journies to and from the Frog Plain, the Sheriff M' Donnell and the half-breed chief came to an agreement upon terms in substance as before mentioned. That on the following day a kind of capitulation was drawn up, and signed by tiie said Grant, Fraser, liomassa and Iloole, and an inventory of the property was subsequently tak'^n, and the whole was then delivered up to the said Cuthbert Grant, for the use of the North- West company, each sheet of the inventory being signed as nearly as this deponent can recollect, aa follows : — " Received on account of the North- West company, by me Cuthbert Grant, clerk *' for the North- West company, acting for the North- West company." That upon learning the determination of the North- VV'est company to «lestroy the colony, it had been the intention of the Governor, as he declared to tiiis deponent, to have secured the settlers in Fort Douglass, until the apprehension of danger should be over, but as Mr. Sutherland and his party had been, by the orders of Alexander M' Donnell, the North- West partner, plundered of the pemicun they were conveying to the settlement from Qui Appelle, Governor Semple hud not the means of subsisting the settlers at the fort, in consequence of which the settlers, notwithhlanding the Anti- cipated danger, remained at their habitations, to the end that they might procure provbions for themselves and families from the river. That the settlers had how- ever received directions to betake themselves to the fort, immediately upon the approach of any hostile force ; and that w hen the Governor left the tort with his party, after having seen horsemen approaching the settlement on the 1 9th of June, it was done under ignorance of the great force of the North- West company's ser- vants, and with a view of preventing mischief, and of enabling the settlers to retire to the fort, if necessary, before they were attacked. That the governor, at the place where he and his party were sunounded and cut off, had not reached more than about half the length to which the settlement extended. That in two days after the capitulation, the settlers were ready to embark ; at which time the said Grant came and said he could not allow them to proceed, as Mr. Alexander M° Donnell, the partner of the North-West company, had sent an order from Portage des Prairies for their detention until his arrival. That this intelligence gjve the settlers new and increased alarm, as they were without arms, surrounded by the murderers of their relations and friends, and in momentary fear of violence being ofll'cred to their tvives and daughters, which it was commonly reported would take place, and to prevent which, this deponent the day before, at the solicitation of the settlers, had lieen obliged to claim the protection of Messrs Grant and Fraser aforesaid, who promised in consequence to sleep in the fort themselves, or to send such men as could be depended upon, as a safeguard. That this deponent repeatedly but in- eft'ectually intreated the said Grant to allow them to depart from Red River, in conformity to his promise, and not to detain them till the arrival of the said M' Donnell of the North-West company. That at last, upon Mr. Slieritf M' Donnell observing, tl»t he perceived plainly that Mr. Alexander M° Donnell wished to defraud Grant of the honour of the day, and to claim uU the glory to hiuisjlf, the pride of the said Grant was hurt, and he declared in un intcmpei ate manner, that he would keep his word, in spite of the said Alexander M"^ Donnell, and desired iis to depart immediately, without waiting fur the escort, which he would send after in a light cunoe. That this dq^onent and the settlers immediately embarked on board the boats, anil pushed off. That |)revious to the cmbarkatiui), this deponent received a pioicction from the said Grunt, as follows: —
" This is to certify, that Mr. John IVitchard has behaved honourably to the " North- West company. (Signed) " Cutlibert Grant,
■ * " Clerk to the North-West Company."
That Mr Slieriff M'Donnellhad also a letter of protection, which was addressed, as far as this deponent can rtcoUcct, 10 Mr. William Shaw. That on the second day after their dc|)arture from Red River, this deponent and the rest of the settlers were met, and compelled to stop, by a brigade of several light canoes aud a batteau, in which were Archibald Norman M'Leod, Esq. u partner of the North- West company, of the house of M'Tuvish, M'Gillivray & Company, and Justice of the Peace for tlio Indiunlerritorics, together also with a number of his |)artners, and two officers late of Do Mcuion's regiment. That this dcpuncnt, imuicditttcly aftoi' . 5S4. Aft they
go
TAPERS RELATING TO THE
I
they met. heard oneof th« said M'Lco<!'s party, to wit, Mr. James Hughe*, a partner of ihe North- West company, call out, " w liere is that fellow, Semplu ;" to which Mr. Sheriff M'Donell answered, " he is dead ;" other names were llien called, as well as this deponent's own, to which he answered, and was then ordered on shore. That the boats conveying the settlers were detained by the said M'Leod at Riviere aux Morts, a little beyond the place where they had been stopped, for a couple of days, and then allowed to depart, after the snid M'Leod had taken from tliem as prisoners this de|>onent, Michael licden, John liurke, Patrick Corcoran and Donald Sl^Kaj'. That here also this deponent saw the said William Shaw and his party of liHlf-hreeds, of wiioin the said Cuthbert (irunt had spoken as before-mentioned, and against wliose violence the said Cirant's protection had been hitended to secure the settlers. That this deponent was then put into a tent, and guarded by serjeant Reinhard and another serjeant, both late of De Mcuron's regiment, and ni the full uniform of colour sergeants. That one of the said Serjeants told this deponent that they we.e no longer belonging to the said regiment, but were clerks in the service of the North- West company, but that he, this deponent, must keep that a secret ; by which this deponent understood, that the object of their employers was to induce the Indians and people of the count.'y to believe that these Serjeants were still in the King's service, and that the North- West company had the sanction of Government fur their proceedings ; a belief into which this deponent himself was at times almost misled, from seeing the said Serjeants, some privates, and two officers in the English uniform, amongst tlic North- West company's people. That the said M'l^eod called this deponent before him while at Riviere au\ Morts, and examined him in the presence of Messrs. Leith, M'Lellan & M'Murriw, his partners. That Mr. Leith then put into this deponent's hand u written note, stating, that if this deponent gave infornintion he should not be prosecuted, as principals could not be admitted at evidences. That this deponent then told the said M'Leod that he did not wish to hide any thing. That this deponent, with the said Burke, Corcoran, Heden and APKay, were kept at the said Riviere aux Morts, during the space of about five days, under a guard of armed men, and treated with the greatest indignity, being frequently removed from tlieir tent, apparently with the view of exposing tliem to the contempt of the surrounding spectators, consisting of Indians brought in the party of the said M'Leod, of half-breeds and Canadians. That while at Riviere aux Morts, thit deponent saw some of the Indians of Red River, who by stealth would squeeze the prisoner by the hand, and gave other indications of continued affection and feeling for their distressed situation. That the said M'Leod was for a few days absent from Riviere aux Morts, w hile this deponent was conlined there, having, aa it was stated by those whom he left behind, gone on to Red River, to make arrangements with tho half-breeds there. Tiiat upon the return of tlie said M'Leod to Rivii!re aux Morts, this deponent and his fellow-prisoners were conveyed from titence to Bas de la Riviere Winnipic, on boani a canoe, in which was Mr. Corcoran, a clerk, and the before-mentioned serjeant Reinhard ; the other prisoners were in a batteau, and guarded by Primau, one of tlie most violent of the half-breeds concerned in the massacre, and wliom this deponent had willi difliculty prevented from murdering the said John Ihirke, while he was in bed. That in the North-west fort at lias de la Riviere, this deponent and his tellow-prisoners were confined in a house guarded by a centinel on the outside, and the said serjeant Reinhard within; and that it very frequently hii| pencd, that some of the half-breeds who had been concerned in the massacre were Hdiiiitted into the house, an<l were paraded about there. That tlie prisoners wero detained at Has de la Riviere till about the loth of July; and while there, upon intelligence being broiigitt that Miles McDonnell (the person who had been first at iUd ki\er, in the capacity of (Jovtrnor) was coming on from Canada, some cannon of which the colony had been deprived by the North- West company, was planted there, under t!ie supcriutcndcnce of serjeant Reinhard, by orders of Archibald M'ix<llan, a partner of the North-West, so as to command the navigation of the river. That at the same place a party of the half-breeds put irons upon the hands of the said John Hurkc, saying they did diat uf their own accord, as a punishment for his treatment of Mr. Duncan Can;eron, of the North- West company, who had been sent prisoner to I'nglund. 'Jh;it the >;aid .\PLeod, tlje magistrate, and several of ills partners, "ere then in the fort, without whose sanction this net of the half- hrcds would snircely have been committed, and whose cruelty was much aggravated by tlie said IJurke being thereby disabled from dressing a wound whicii he had received at Red Hivir, and was still in a bad state. 'Ihat about Ihc luth of July the said liurke and the other prisoners wcve embarked on board different canoes,
destined
I
TIED RIVnU SETTLEMENT.
di
'destinctl for Fort William ; and two days aftrrwarJs .this deponent was embarked Mill* Mr. Simon Fruscr, a partner of tlie North -West company, Mr. Cliarles Grant, a clerk, and the said Eraser, the half-breed chief, also a clerk of the North- West company, who bad been one of the commanders at the massacre. 1 hat the said Traser, the half-breed chief, always sut between the said If.st-mcntioned partner and >c!erk, and messed with them as lon^ as they remained together. Tiiat the said half-breed, Eraser, was this deponent's guard, as far as the said Eraser went with liim from Has de la llivi^re, and was armed w ith a gun, sword and pistols, and kept dose to the deponent in the carrying places, and slept with bim at night. That on the second or third day from ]Jas de la Ilivi^re they were met by Mr. Daniel M'Kenzie, who said he was going to lied River, and that the said Eraser, the lialf- brecd chief, embarked with bim at Lac la Pluie, to re'.urn to Hed River. That on the 22d of July this deponent arrived at Eort M'illium, wliere he was shown to a room, to which he was at first ordered to confine himself. That the Honourable William M'Gillivray was at Fort William at the time of this deponent's arrival, and was considered to have the principal management and direction of affairs there.
That the Red River country is the most delightful this deponent has ever visited ; that the soil is fertile beyond any he has ever seen, and the climate so healthy, that during his whole residence there, he never knew any person to have a fever, or to be troubled with any sickness which did not arise from casualties. That the waters swarm with fish of the choicest and most exquisite kinds, which may be caught in abundance at all seasons of the year. That wild fowls are found in amazing num- bers. That the country abounds with wild cattle, such as the elk, deer of various descriptions, and the butfaloe, insomuch that this deponent hath often seen the plains to the extent of many miles, covered with herds of these animals, which are often destroyed out of mere wantonness ; and of which still more freciurntly onlv a sui<ill part is consumed. That this deponent hath himself, at bis post, after having during the winter, consumed a great number of the tongues ol these wild cattle, suited upwards of seven hundred of them in the Spring. Tltat the price paid to an Indian for a butfaloe, is generally a fathom, that is, about tlirLe-tburtlis of a pound of .tobacco, or two horn combs, or a couple of knives, or twenty charges of powder and ball, or two feet of strouds. That the horses, which are numerous there, find their food during the winter as well as the summer, in the plains, where such is ihe luxu- , riant growth of the grass, that in many places it is never entirely covered with the snow. That through these delightful plains, the traveller might go towards the South or tlie West on horseback or in bid carriage, although there are no roads, many days journey without encountering any other obstacle to his progress, than occasionally meeting a stream, w hich it would not be difficult for bim to t. averse. That amongst the other natural advantages of the country, the coal mines and salt springs, which are numerous, may l)e considered some of the greatest. That were a colony once per- manently established at Red River, as far as the natural advantages of a country cait contribute to its advancement, its progress in improvement would promise to be more rapid than that of any country hitherto colonized. That the goods imported there from England by Hudson's l3ay, would produce an ample profit, if sold at no higher price than they bring at Kingston, in Upper Canada ; and that in consequence of •tlie length and difficulty of the transportation from Ctlnada or the United States, tlie goods brought from thence arc sold at Red River for three or four times the amount at whicti the same aiticles ore sold when imported from England through Hudson's Iky. That this deponent hath always conceived this to be the reason of 'the hostility manifested by the North- West company against the establishment of a colony in that quarter, either by the grantees of the Hudson's Bay company, or by any others, although the Indians arc desirous of it; because until a colony shall he established there, the great number of servants employed by the Nortli-V\'est coui- pany will enable them to keep out of the country all traders, and all supplies except their own, whereas after the establishment of a settlement, the supplies not mised in the country itself, must of necessity be brought immediately from England, and not through Canada; and a liberal trade would thereupon be tiie consequence, to tlte great benefit of the Indians.
(Signed)
Sworn at the city of Montreal, this tSth day of February 1817, before nic,
(Signed) John Fletcher.
JiAn Pritchard.
.584.
('oi7
^f^"
No. 21.
PAPERS RELATING TO THE
Copy of a Dispatc!'! from Lieut. Generol Sir Joiin C. Slierbrookc, G.C. B. to the Eurl Uatiiurst, K. G. ; dated Quebec, 23d April 1817: — One Inclosurc.
My Lord, Quebec, 33d April, 1817.
I liave had the lionour of receiving your Lordship's dispatch. No. 64, conveying directions for rcmovin<; to England the persons accused and arrested by Lord Selkirk, in order to their trial there.
Many difficulties ari!<in<!, of which your lordship could not have been aware, to prevent the execution of these instructions, I took the advice of the executive council, of whose report I have the lionour to inclose your Lordship a copy.
The legal impediments therein set forth are such, that I shall not attempt to carry your Lordship's directions into efiect, until I shall be honoured with your answer on the subject, unless I shall in the mean time receive some further communication from your Lordship that shall remove the obstacles at present existing, and which, as t humbly conceive, can only be got over through tlie interposition of the Imperial Parliament.
The parties accused could not at all events be tried here before the next crimind term at Montreal, which will be in the fir»t ten days of September ; and I shall there- fore ho|)e to receive your Lordship's further commands before that period comes round.
I beg leave also to point out to your Lordship, the necessity of my receiving your instructions, as to the mode and means of defraying the expense of removing these persons to England, in case that measure be finally carried into eifect.
I have, &c.
The Earl Bathurst, &c. &c. &c. (Signed) /. C. Sherbrooke.
Inclosure
(') in Sir J. C. Shfr- brooke , of »3U April 1817.
I'
!l:
To Ihs Excellency Sir John Cope Sherbrooke, G. C. B. Captain General and ^Governor in Chief of the Province of Lower Canada, &c. &c. &c.
Report of a Committee of the Council ; present, the Honourable the
Chief Justice in the Chair, Mr. Irvine, Mr. Duchesnay, Mr. Perceval,
Mr. Pcrrault and Mr. Coltman.
I
•^lay it please your Excellency,
' ■ The committee, in obedience to your Excellency's commands, have proceeded
to the consideration of the pa|)crs respecting the Hudson's Bay and North- West'
companies, referred to them yesterday in council.
The dispatch of I'larl Bathurst (No. 64, of the 1 7tli January last) appears to relate exclusively to the partners of the Nortii-West company who were seized by Lord Selkirk at Fort William, and the directions " to send the iiersons concerned " to England for trial," seem to be confined to those gentlemen. Tiie introductory part of this dispatch refers to " the arrest of certain members of the North-West " company on a charge of murder." The orders of the Prince Regent, which it conveys to I-ord Selkirk, are " to proceed to England with the necessary evidence, " to make good the charges which he luis brougiit against the itidividuals abace men- " tiotiedf and the conclusion relates to certain measures which are to be pursued " if the trial should have taken place ;" and " if it should appear by the minutes " that there was no evidence against the parties accused, calculated to raise so " violent a suspicion of their guilt, as to account for the strong measures which " his lordship thought proper to adopt for their appreheiisio/i." To those i)iirtners of the North West company therefore, viz. William M' Gillivray, Kenneth M'Kenzie (now dead). Simon Eraser, Hugh M" Gil lis, Joim M' Donald, John M' Loughlan, AlKm M" Donnell, and Alexander M« Ken/io, and to the offences t\hich they are charged to have cumuiitted in the Indian territories, the observation^ of the committee are restricted.
It is first to be observed, that the charge against these partners of the North- West company, is not as principals, but as accessaries to murder committed in the Iiidian territories, and that they also stand charged with high treason committed ul.so in the Indian territory.
The committee are aware of the provisions of the Acts 33 Henry 8, chap. 23, and 35 Henry 8, uliaji. j. unicr which murders uud tieu'^ons committed without
^tllC
I'll i
REbRIVER SETTLEMENT.
93
p. 23.
AJtllOUt
4tie
the realm of England, may undoubtedly Iw tried in England ; yrt, though it should 1)C admitted, liiat with 1 )pfct to colonies and dependencies of tiie Crown of Eng- lund wliicli are under its legi«>lutive control, nil treasons and murders therein com* niittcd ure triulilc in Eughmd, although such colonies may have some special Ibhs of ^heir own applicahle to the perpetrators of such crimes, and jurisdiction for liicir trials, on which the committee however do not presume to offer an opinion. Still, the conunittee conceive, that douhts may well l)e entertained whether, under l!i<* 13ritis'.i statute 43 Geo. 3, cap. 138, the jurisdiction given by the above-mentioned statutes of tlic 33d and 35th Henry Sth has not been suspended with respect to Canada, so far as crimes couunitted in the Indian territories are concerned. Ikforc the passing of that Act (the 43d Goo. 3,) it had been enacted by the 1 itli, ]2ih, i3tii and i4th sections of the provincial ordinance, 24 Geo. 3, cap. 1, referred to by your Excellency's minute in council, " That no subject of [lis Majesty, l)eing " an inhabitant or resident in the province, should \ye sent |)risoner, or transported " into any place beyond sens, within or without the dominions of His Majesty, " except persons transported for crimes after conviction in the province, and |)er- " sons who having committed any capital offence in Great Britain, or in sonic otiier. " colony, may be sent tliither for trial." This ordinance to ensure the protection of the subject, gives an action against every person who shall act or advise any. measure contrary to its provisions, in which the damages shall not be less th<in /I.500, with treble costs. The statute of the 43 Geo. 3, cap. 138, has enacted, not " only that all oitences committed in the Indian territories shall be and be deemed to " be offences of the same nature, and shall be tried in the same manner, and be subject " to the same punishment, as if the same had been committed within the provinces of " Lower or Upper Canada ;" but has also enacted, that " every otlendcr guilty of " any sucii otfence, may and sliall be prosecuted and tried in the courts of the provmcc " of Lower Canada, or in Upper Canada, if the Governor of Lower Canada shall " by an instrument under the seal of that province, declare that justice may more con- *' venicntly be administered in relation to such offence in the province of Upper " (/anada, from auy of the circumstances of sucii offence, od* the local situation of *' any of the witnesses."
Notwithstanding therefore, that the statutes of the 33d and 35th of Hen. 8, may be in force in the Canadas, in their general application, yet as this statute of the 43d Geo. 3d, as respects their trial, must be taken as a statute in favour of the subject charged with crimes committed in that remote and almost inaccessible country known by the name of the Indian territory, it is entitled to a liberal construction ; and the cases of persons so cliarged may become exceptions to the general rule, and the provincial ordinances be held to be confirmed by it.
The committee have been led more particularly into these observations, from the peculiar circumstances of the very cases now under consideration, and from an' intimate conviction, tliat it will not be in the power of the parties, from the very ^listant situation of the Indian territories, the wild character of their inhabitants, and the difficulties of the communication, to carry home to England the witnesses, wliich will t)c indispensably required for the prosecution and for the defence.
The committee beg leave to add, that no bills of indictment have hitherto been presented against the partners of the North- West company now in custody, for the ofl'ences with which they are charged ; tliat there arc now before your Excel- lency, petitions from all the |)ersons coucernetl in the late transactions in the Indian territories, as members or servants of the North-VVcst company, who have been arrested and brought into this province, praying that tlie charges against them, by reason of tiie great difficulties which they must encounter in their attempt to bring their witnesses down to Lower Canada, may bo heard and d&termincd in Ufifjcr Canada.
The committee upon the whole are humbly of opinion, that it will be advisable to sus|)end the execution of the orders contained in Eurl Uathurst's dispatch to your Excellency (Xu. 64,) until the matters here stated shall have been submitted to his Lordship's consideration.
All which is respectfully submitted to your Excellency's wisdom.
Executive Council Chnmber, By order, ■
Quebec, 22d April 1817. (Signed) J. Sewell, Chairman.
584.
Bb
94 PAPERSRELATINOTOTHE
Nu. 93. ^opy <^f * Dispatch from Lieut-General Sir John C. Sherbrookc, G. C. A. tu the Earl Bathurst, K.G. ; dated Quebec, 5th May 1817. .
^fy Lord, Quebec, ,5th May 1817.
I Have the honour to acknowledge the receipt of your Lordsiiip's dispatches, from No. 66 to No. 70, inclusive ; and also of your Lordship's private letters of the 7th and nth of February.
In obedience to tlie commands conveyed in your Lordship's dispatch, No. 69, I have issued a pvoclamatioii in the name of His Royal Highness the Prince Regent, calling on tlie contending companies of the North- West and Hudson's Ray, and their servants and adherents, to abstain from all further acts of hostility ; to restore mutually the places and property captured from each other during their recent disputes, and to remove all blockade or other obstruction interposed by them, to the freedom of trade and intercourse with the Indians, until tlie questions at issue between thein be brought to a legal decision.
For the purjrase of carrying this proclamation into effect, I have again dispatched the special commissioners appointed by me last Autumn to tlie Indian territories ; and I have addressed a letter to Lord Selkirk, apprizing him of the general purport of the instructions I have received, and of my determmation to carry them strictly into effect.
The offence charged against his Lordship, of liuviiiK resisted the execution of legal process, being alleged to have been committed at Fort William in Upper Canada, your Lordship will see that the instructions conveyed to me in your dispatch. No. 70, ' can only be executed in that province by the finding an indictment there against his
I>)rdship ; and I have accordingly transmitted a copy of your Lordship's dispatch to Lieutenaat Governor Gore, who will, no doubt, act up to the directions it contains.
I have authorized the commissioners to obtain from Drummond's Island a military force, in case, on their arrival at Fort William, they shall find such assistance neces- sary to support their authority and that of the \&ws ; but I have cautioned them against the use of it in any case but that of actual resistance to the civil power, or to the execution of the commands of His Royal Highness the Prince Regent, as made known by the proclamation.
It has given me much gratification to learn your Lordship's decided opinion, that the powers of the commissioners as magistrates for the Indian territories, extend equally to the country claimed by the Hudson's Ray company; and it will be satis- factory to your Lordship to know, that their commissions as magistrates have been carefully worded, exactly in the terms of tiie section of the 4sd of the King, tu which, in your private letter of tlie nth February, you have particularly directed my attention. I have tiie honour to be, &c.
The Right Honourable (Signed) J.C.Sherbrooke,
the Earl Bathurst, &c. &c. &c.
Xo. 23. Copy of a Dispatch from tlie Earl Bathurst, K. G. to Lieut General Sir J. C. Shcrbrooke, G.C. B.J dated 13th May 1817: — Two Inclusures.
"Sir, Downing-strect, 13th May 1817.
I Have the honour to transmit to you the copy of a letter which I have received from the Governor of the Hudson's Bay company, inclosing an instruction issued by the company to their governors and officers in North America, to lend their assistance to the commissioners whom you have appointed to proceed to the Indian country.
Although the commissioners appointed, as I trust they iiavc been, agreeably to the provisions of the Act 43d Geo. Ill, cap. 138, would have without any such instruction ample autliority to act within the limits of the territory claimed by the Hudson's Bay company ; yet as I am anxious to secure not only the obedience, but tlie cordial co-operation of those who act under the authority of the company, I have thought it expedient to transmit this communication, to be used in any case in which you may consider it expedient to resort to it I have the honour to be, &c.
Lieut.-Governor, (Signed) liathurst.
Sir J. C, Sherbrooke, G.C. B.
.< ■♦i'
RED RIVER SETTLEMENT.
95
My Lord, Hudson's Bay House, ist May 1817. Inrlnsure
I hare the honour to transmit to your LA)rdship, a copy of an ord«r which the !„ Earl iiathur«t», directors of the Iludsons Bay company have thought it right to issue to their of 13th Miy 1817' (Jovcrnor nnd others in their service, in consequence of the commission which has been appointed by his Excellencv Sir John Sherbrooke, to inquire into the various acts of violence and outrage which have occurred in the country on the Red River.
The directors of the Hudson's Bay company consider (as they are advised by counsel) that the Crown has vested the sole jurisdiction within the limits of their cliarter, in (he Governors and their counsel, as appointed by the Hudson's Bay company. But being most anxious to promote that investigation and inquiry which is the object of the commission, tliey have thought it right to issue the inclosed order to their Governors, to obviate the difficulty which would arise from a doubt as to the power and authority of the commissioners, when they cdme to act within the limits of the ,
Hudson's Bay charter.
This order will be sent to Hudson's Bay by the ships now about to be dispatched, and I take the liberty of suggesting to your Lordship, the expediency of furnishing the commissioners with a copy of the same. I have, &c.
The Earl Bathurst, K. G. (Signed) Joseph Bercns, Gov'^
&c. &c. &c.
To all Governors and others, having authority within the Territory of the Inclosure Hudson's Bay Company. .,, p^^, (^) ^^^^,,,,
Whereas it has been represented to us, that a commission has been issued by his °^ '3th May 1817. Excellency Sir John Sherbrooke, Governor of Lower and Upper Canada, directing the persons therein named, to inquire into certain disputes and transactions th{it have taken place between the partners or persons in the employment of the North-West company, and the governors and servants of the Hudson's Bay company, and certain persons settled or acting under the Right Honourable the Earl of Selkirk ; and to execute such powers as may be therein set forth.
And whereas, we are most desirous to afford every facility to the execution of the said commission ; wc do hereby order and direct, that you, and each of you, do give every aid and assistance in your power to the said commissioners, or to any person or persons having special authority from his Excellency Sir John Sherbrooke, in that behalf, for the purpose of enabling tlicm, or any of them, to execute the matters entrusted to them by the said commission. -v.
And fur this purpose, that within your several jurisdictions you back, or otherwise pve effest to every warrant that may be issued by the said commissioners, or any of them ; and that you duly enforce and assist in the execution of the same to the utmost of your power.
And that you do also issue your own warrants, and enforce the execution of the same, wherever they may be required within your several jinisdictions ; and, finally, that you do and perform any other act in your power that may be necessary for the purpose of giving full and complete effect to these orders and dircctiohs.
By order of the Board, Hudson's Bay House, (Signed) Alexander M'Lean,
London, ist May 1817. Secretary.
Copy of a Dispatch from the Earl Bathurst to Lieut. General Sir John C. Sherbrooke, G.C. B. ; dated 13th June 1817.
Sir, Downing-street, 13th June 1817.
I have this day had the honour of receiving your dispatch. No. 11 0, in which you state the reasons which had induced you to defer, until the receipt of further instruction, complying with that part of my dispatcii of the 1 7th January, which related to the sending to England for trial, the partners of the North- West company, who had been apprehended under warrants of Lord Selkirk, as accessaries to the murder of Mr. Semple, and us suspected of high treason. I had not failed to pay every attention to the legal arf^ument advanced hy the executive council, and to the decision to which they came in consequence; kjt I do not feel myself authorized in eubscribingto the opinion, either that the Act 43d Geo. 3, cap. 138, has annulled the ,'-,8^. provisions
No. 2,4.
.9f'
PAPERS RELATING TO THE
*■ ■ -t
provisiuns of the 33(1 and 35th Henry 8lh, or that those Intter statutes ore not ns applicable to the ottcnces cumniitted in Canudu, as to ihoK in otiier ul lii^ Mujf!>t^'« foreign possessions, liut I am at tlie same time aware, thht if thu parties coiiccnied in the present trial, viz. the North-West cuiiipony on the one hand, and Lord iJelkirk on the other, decline ap|)earing in this sta){e ut' it before the I'rivy Council, a con- siderable delay must take place, in order to establish before the Privy Council the facts of the case, so as to authorize them in compelling the attendance of the . parties and necessary witnesses ; and as the only object which I hud in view, in directing the removal to this country of Mr. M'Gitlivray, and the other persons implicated \vil|i him in the transaction, was to ensure an impartial decision, which each seemed to
'Consider as unattainable in Canada ; so if the parties now consider that a trial at Montreal or elsewhere, will better satisfy them, I have no objection to the adoption of tiiat course which may appear must eligible to the accused and the accuser; especially when by so doing tiie expense of removing the prisoners and witnesses, will be altogether avoided.
~ You wiM therefore consider yourself at liberty to direct tlie trials to take place in Canada, if such should upon inquiry be found most likely to ensure a satisfactory decision ; and, in sucli case, you w ill nut fail to transmit to me, immediately after the trials, a full and accurate report of all the proceedings, and of the evidence adduced in support of the prosecution, or in defence of the prisoners. >^
I have the honour to be, &c. Lieut. Governor Bathurst.
. Sir J. C. Sherbrooke, G.C.B.
Ko. 25. Extract of a Dispatcii fioui the Earl Datliiirst to Lieut. General Sir John C.
— - Sherbrooke, G.C.B, ; dated 7th July 1817.
Downing-street, 7th July 1817.
*' I am commanded to signify to you His Royal Highness's entire approbation of tfH! proclamation which you have issued, and tlie other measures which you have tiikcn, for checking those outrai^es which had been the natural consequence of the recent dilTcrcnces iHjtwecn the Nortii-Wcst and Hudson's bay companies. The early dispatch of the commissioners vested with those full powers as niagislratcs, which tbeir comi<iission under the forty-third of the King confers upon them, and supported, in case of absolute resistance, by tlie military force w liich you have placed at their disposal, cannot fail, I trust, to ensure a satisfactory investigation of the mutual complaints and accusations of the contending parties, and to aflurd the means of ascertaining and ultimately punishing those who have hitherto set the law at deAance."
No. 2(3. Copy of a Dispatch from Lieut. General Sir John C. Sherbrooke, G. C. B. to the Earl Bathurst, K.G.; dated Quebec, igth July 1817.
My Ixrd, Quebec, 19th Juh 1817.
BY a letter from the Earl of Selkirk, of the 24th of April last, which I liave lately receivetl, his Lordship informs me, that he had received, very recently, several letters which I had addressed to him in October, December and January last. He remarks, that " the appointment of conimissioners of special inquiry, and the " placing of that important charge in such rcs|)ectab1c hands, had afforded a " satisfaction ond relief to his mind greater than he could well express; and that * "I may rest assured, ihat whatever measures these gentlemen may tiiink fit to
" adopt for restoring tranquillity, siiall meet with every support which it is in hjs " power to afford."
He addi, that he was under the necessity of proceeding to the Red River as early as the season might permit; but that he should leave directions for the gen- tlemen who remain in charge of his affairs at Tort W illiam, to deliver up that post to the commiisioners upon their arrival.
Sy a subsequent letter from Mr. Coltman, of the 31st May, I find that Captain D'Orsotmens liad early in March proceeded further into the interior country, and took poisession of the North- West company's post called Fort Dauphin, and that Lord Selkirk left Fort William on the 1st ot' May, for the purpose of visiting the
.•,-.. ■>-■■ , Red
RED RIYER SETTLEMENT.
97
are not ns is Muji'sty'.i 8 coiiceriierl «oiil Selkirk incil, a con* Council the .•fic parties irecting the cated Hjgi seemed to '■ a trial at e adoption e accuser; nesses, will
te place in lutisfactnrv y after thfe e adduced
athunt.
r John C.
1817.
bation of you have, G of the J'he early 's, which Jpported,
at their '■ nautuHl ncans of
Jaw ot
G. C. 13.
1817.
I I have several it. He ind the rdcd a >d that fit to in l^'s
iver as e gen- post to
Hplain ', and A that g the Red
Red River, accompanied by his CKort of the 37th regiment, formerly granted to him ; but Mr. Coltnmn informs nic, that it sccn)8 to be very uncertain whether his Lordship will be able to get on, as he M'as still at the Lake Laflechc on the 15th of May, waiting for intelligence from the interior, where, it apiwars (although no blood had actually been shed) that affairs were daily getting into a more alarming state.
ISfr. Coltman having met at Drummond's Island one Murphy, who had in his custody Serjeant Reinhard, late of the l)c Mcuron's regiment, who stands charoed as a principal in the atrocious murder of Owen Kevcncy, sent him forward, witB a commitment of his, prisoner to the gaol of Montreal, where he has been lodged, and is now confined to take his trial at the next assizes.
Since tite date of Mr. Coltman's letter, I have received three letters from Mr. Fletcher, acquainting me with several circumstances which I think it proper to make known to your I.«rdsiiip.
It appears, that, upon the arrival of the commissioners at the Falls of St. Mary, it was thought necessary for Mr. Coltman to proceed immediately to Fort William, leavmg A^r. Fletcher to follow with the detachment of 40 men of the 70th regiment from Urummorid's Island, which I had ordered to accompany them; and he left liim accordingly on the (ith of June. It is not in my power to state to your Lord- ship the reasons which influenced Mr. (,!oltman to adopt this conduct; a letter w hich was written by him and by Mr. Fletcher on the 5th of June, is referred to in Mr. Fletcher's of the (ith of June, as one in which the motives of this proceeding are explained, hut it has not yet reached me ; I can only therefore conjecture, from a paragraph in Mr. Coltman's former letter of the 31st of May, in which he states, that he s»es but little chance of giving effect to the Prince Regent's orders, con- tained in Jie proclamation, by remaining at Fort William, in the then state of matters ; that, on his arrival at the Fulls of St. Mury, he has been induced, by finding that the F.arl of Selkirk was still at the Lake Lafleche, to advance with all possible expedition to secure an interview with his I^^rdship, as the most probable |ueans for ensuring the immediate execution of the Prince Regents coniiuaiuib ; and this is confirmed to a certain extent by a report which has reached me, of his having left Fort U'illiam immcdiutely after his arrival there, tor the Lac la Pluie.
I liave not yet received any information from the commissioners with respect to the fin<il relinquishmentof Fort William ; but from other chaiuiels, I find that Lord Selkirk's agents have delivered up that post, and that the North- West company have beeii put into possession of the premises, as directed by the proclamation of His Royal Highness the Prince Regent; and I have the satisfaction to add, that all the furs seized by his Lordship in the Autumn of the last year, having been found in Fort William, have also been delivered over to Mr. M'Gillivray, as agent for tlie North- West company.
Mr. Fletcher continued from the 6th until the 23d of June, at the Falls of St. Mary, aud then followed Mr. Coltman. In this interval, a party of about one hundred persons, being principally soldiers, lately of the De Meuron's regiment, but now in the employ of the Earl of Selkirk, arrived there, as did also another party who were in the service of the North- West company. Mr. Fletcher, finding that they hud arms, took possession of them, and detained them, as well as the two parties (with the exception of a single canoe, which he allowed to go on) until he was ready to proceed in person. As this detention produced a correspondence betuceii Mr. Fletcher and Mr. Gale, a barrister, who accompanied Lord Selkirk's party, and appeared to have authority over them; and another between Mr. Fletcher and Mr. Simon M'Gillivray, who had charge of the party belonging to the North-West company, I submitted both, and Mr. Fletcher's letters to me upon the subject, to the executive council, desiring to know, whether, in their opinion, the circumstances of the case rendered it necessary for me to issue any new instructions to the com- missioners ? Upon which tiiey have reported, that, in their opinion, further instruc- tiuns to the commissioners ought not to be given :
1 St. Because they conceive tlie proclamation of His Royal Highness the Prince Regent, of the 3d of May last, and the instructions which I have before given, to be sufficient to direct the commissioners generally in the proper execution of their duty.
2dly. Ikcause, without a probable knowledge of the circumstances in which the commissioners may be placed (which cannot even be conjectured,) it would be
j)84. C c hazardous
98 PAJ^ERSRfeLAtlNOTOTHK
haznrdous to prescribe a cuunc of conduct by particultr iiutructions, and not practicable to give instructions for every possible occurrcncc.
,3diy.' Ik'cnusc, con»i(ifrinK the iniprcccdcnicd situation of tlw eoinn)iiisioners, as will us till! important und vxlruurdinury object of tlicir mission, tlicir distance from nil civil und cft'cctual military aid, and the difficulties of every dcHcription by wliicli tliey arc surrounded, the very object of their upiiointment, and of His Uoyol Hi|{hncss the Prince Re((ent's proclumution, might be defeated, if, by the absolute restraint of n particular instruction, they should be deprived of the power of acting according to the dictates of sound discretion, und upon their own responsibility, in any case of emergency in which a necessity for so doing might exist ; but they have recommended, ''mt by letter I shouhl direct the connnissioners to act con- jointly, as far as circumstances will (tcrmit, which [ have accordingly done, without issuing any nr,\v instructions. I have the honour to be, iHc.
(.Signed) J. C. Sherbrookc.
The Eari Dathurst, kc. &c. &c.
No. 37.
Inclnsure
«) in Sir J. C. Slier- briKikf's, of loth August 1817.
Copy of a Dispatch from IJeut. General Sir John C. Sherb'rookc, Cr.C. H. to the Earl liathurst, K. Ci. ; dutt'd Quebec, luth August 1817 : — Three Iiiclosures.
My Lord, Quebec, loth August 1817.
I yesterday received dispatches from the commissioners of special inquiry in the Indian territories, copies of which I do myself the honour of transmitting for your Lordship's iiiformution.
They consist of u letter from Mr. Cuitman to me, written from Bus de la Rivit!re» on tine .id July; and of one addressed to inc by Mr. I'letclicr, dated Tort William* 32d of the same month, covering a letter from the Earl of Selkirk, to tlie commis- sioners from I'ort Douglass, of the 28th of June last.
I t'eel very anxious to obtain further information from the commissioners, which when I receive, I shall lose no time in comnmnicating to your Lordship.
I have, &c. The Earl Dathurst, K. G. (Signed) /. C. Shtrbrooke.
&c. &c. &c.
Sir, In CaiMp, at the Fort du bas de la Riviire >Vinnipic, 4d July 1817.
I had the honour of addi-essing your Excellency, in conjunction with major Fletcher, on the .^th oi last month, from the falls of St. Mary ; since which time, I have been so completely occupied by my progress to this place, as not to have had it in my power to write, as with the exception of the time unavoidably required^at the respective posts of Fort ^'illiam and Lac la Fluie, in collecting information, and attending to such of my duties as a magistrate, as ap|K-ared not to admit of delay, I have been constantly travelling from day-light till after sun-set ; whilst at the same time I have not till my arriving liere, received any information sutficiently material to make it important to address your Excellency.
At this place I met with Mr. Richard Grant, one of the clerks of the North-West company, who was employed last Autumn by the commissioners, to ])i'occed with their notification from Nottawosaga, and wlu) appears to have executed that trust with zeal and diligence, having personally conveyed the same as far as Red River, where lie terminated his journey on the 4tli May last, at the upper post, situated at the junction of River La Souris, whence the intelligence was sent on by mutual arrange- ment, to meet the respective wintering parties of the two companies coming out to Lake Winnipic from the North-West, und accordingly met Mr. Bird, tlie superintend dent of the Hudson's Bay company's afl'uirs in the interior, as well us Mr. M'Leod, and the other North-West partners, in their progress down ; and it is by the latter stated to have been forwarded to the upper posts of Athabasca, &c. by tltcmselves, but that they apprehend the same was not done* by Mr. Bird, as they found he had not left any order to conform to the notification at the Hudson's Bay posts they uiler- wards passed. It is, at nil events, a material satisfaction to me to inform your Excellency, at on the Red River the notification has been so far attended to, as to prevent the occurrchce of any otx:n acts of violence between the parties ; I regret, iiowc'ver, at'tbe Mine tkne^ to hdve to state, that early Itlst uionth, 4en persons in the
service
RED niVKH SETTLEMENT.
9»
icrvice of I.orcI Selkirk or the lIudMii's Huy coiiipany, who hdd wintered in th^ upper part of tlic main hruncli of (lie Kcd Hivcr, \v(rc attacked, as it \n supposed, riiliLf by Scioux or Asiioiboinc IndiaiiH on their return, and five of the number killed, •nd three wounded ; this attack m rc(K>rtcd to have been made by persons who kept themselves concealed, nnu fired only arrows; each party wishes to represent it astlie result of tlie intrigues of the other with the Indians, but there is nothing; like proof 08 yet to fix even probable suspicion on either ; tiilH appears to be the only instance of bloodshed which has occurred in the Indian territories since the appointment of the commissioners.
My |)rinci|Nil objects in proceeding on to this place immediately from Fort William, have been to restrain by my presence, as fur as it could have that eflect, both parties fi'om acts of violence; and, at the same lime, to ascertain in person, how far there exi!«ted a necessity, as well the means, for the advance of the whole of the troops into the interior ; I, at the same time, however, deemed it necessary on account of the shortness of the season, and the importance of ensuring a due res|)cct to the authorities, military as well as civil, to leave orders at Fort William for the advam.-o us far OS I.ac de la Pluie, uf the small military party, your Fxccllenry was pleased to direct, to accompany tlie commissioners as an escort, as well as to ensure tho roturn to their duty of the party granted to tho Earl of Selkirk last year ; the North- Wciit company engaged to furnish the necessary tranMtort for this small body of troops, and a full supply of provisions tor their use. The general propriety of my dcciition ii; this rcs|)cct rests upon, and has since been further confirmed to my mind, by a variety of circumstances, which time will noi allow mc to st.ae to your Excel- lency ut this moment, as I continue very anxious to proceed withouf d> luy to the lied River, fur the purpose of ascertaining how lur I ciin depend on the sincere concur- reiice of tlie Earl of Selkirk and his lollowers, in giving etlect to 1 lie Prince Uegeot's procluumtiun, and at the same time of ensuring, as fur us possible, the i<rcscrvatiun of the peace in that quarter; rcs|)ecting neither of which objects can I feel much con- fidence under the circumstances which have here come to my kiiou ledge. On my arrival at this place, I had the satisfaction of finding several of the North- West win- tering partners with n portion of their furs, from the northward, and of tlie provisions rc(|uircd fur their cunue-men from lied River, safely arrived ; and I flutter myself there is little danger of any obstruction being offered to the passage of the remainder, after the general kiiuM'lcdge of the proclamation issued by the coumiand of liis Royal Highness the Prince Regent. I found, however, the gentlemen of the North- West company assembled in a state of much irritation, and many of them preparing to set out in a body for the Red River, apparently wit'a a dis[)osiuon by no means favour- able to peace, in consequence of the arrest of the deputy sheriff of the western district of Upper Cuimda, who had accompanied Mr. Shaw to that place, for the avowed purpose of assisting to give effect to the proclamation, but doubtless with a further view to the pei-sonal arrest of Lord Selkirk, for the imputed escape from Fort William ; this arrest of the sheriff was carried into effect by armed men, who forced his surrender, by presenting their cocked pistols, stating, at the same time, that tiiey acted in virtue of a warrant, which, if so, must have been granted under some supposed Authority, derived from the Hudson's Day company ; it was not without some surprize that I learned that this proceeding did not lead to a further immediate breach of tho pence, as I understand th«t a large body of Indians and half-breeds in the interest of the North- West company were assembled in the immediate neighbourhood; the parties on the Red River may however be waiting for communication from hence ; and I have reason to hope, thut my presence has had a considerable tendency to moderate the intended proceedings, and that probably the greater number of the North-West partners now here, will not, ut least for the present, proceed at all in that direction. As I have now so early a prospect of seeing, the Earl of Selkirk, the distonce from hence to the forks of the Red River being scarcely two days journey, and of receiving his explanations of this arrest, as welt as of various other transactions which are stated to have taken place under his authority, I shall defer, till after that period, tronbling your Excellency with further details, and shall confine myself to a few fiicts : — the statement made hy Mr. Murphy, at Drummond's Island, of the capture of the North-West post, called Fort Dauphin, by the followers of his Lordship, was erroneous, as it was in fact Fort Douglosa, situated at the forks of the Red River, that was so captured, and at which place Archibald M'Lellan was made prisoner. This post was originally established by Lord Selkirk's party, and is now the place of Ms residence. The (Kwt from which I now address your Excellency wa^ likewise captured early last winter, but was \e^, as well as that of Lac I« Pluie, captured the > 584. preceding
190 PAPERS RELATING TO THE
preceding Autumn with only a small force, which gave them up without rcsistancc,- on Mr. Shaw'g appeamnce.
At Lac do la Pluie I took a very long deposition of one of the hnlf-brecds, who had been educated in Lower Canada, in the Catholic religion ; and in the truth of whose statements I feel considerable confidence, although tiiey are directly at variance with those of Hubi '-. Faille and Keinhard in many material circumstances respecting the murder of Owen Kcveney, and tend to produce a strong presumptiun, that Reinhard was the unsolicitated perpetrator of that crime ; that the first wound was given by him appears indisputable. On this subject I shall liereafter be able to obtain much further evideoce, as this deponent has given me the names of all the other persons present in the canoes at tlie peritjd of tlie murder. In the mean time I have thought it right tu lo3e no opportunity of communicating to your Excellency the new appearance assumed by this melancholy business.
I shall have the honour of addressing your Excellency again as soon as possible after seeing the Earl of Selkirk, for which purpose I shall send an express if necessary. I profit of the opportu ity of tlie North-Wcst canoes to transmit the present letter to major Fletcher, to be forwarded with any further intelligence he may have to communicate to your Excellency. I presume it will meet that gentleman at Fort William, or on his way from thence to Ij&c de la Pluie ; to which central point of the interior country I have stated to him my opinion of the ultimate necessity of tiie commissions proceeding, leaving it however entirely at his discretion tu come on immediately, or to wait my advices after meeting Lord Selkirk, according to the importance of the business he may meet with below, and the length of tmic my former advices may reach him, previous to the probable period of his receiving those iiom Red iliver. I have, &c.
■ Lt. Gen. Sir J. C.Sherbrooke.G.C. B. (Signed) IV. B. Coltman.
&c. &c. &c.
Ik'
Inrlosure (a) in Sir J, ('. Sher- brodkf's, ot' loth August 1817.
Sir, Fort William, 2 2d July 1817.
My letters of the 22d and 23d of June ; the former from the Falls of St. Afary, with a variety of papers inclosed ; and the latter from Gros Capor, the North- eastern coast of Lake Superior, will have already apprized your Excellency of the state of things at St. Mary's, up to the period of my departure from thence with the detachment of the 70th regiment, under Lieutenant Austin.
On Tuesday the 24th, finding the batteaux with the troops were considerably in the rear of the wiioie brigade (which consisted of more than 40 canoes, &c. and about 450 men), I left an order for them to proceed direct to Fort William, and pushed forward in my own canoe ; and on Saturday the 28tli, being then a-htad of tlie whole, I met Mr. M* Gillivray, who had come to mest us, wondering at the delay in the arrival of the brigade. Having been detained at different tin^^s about two days by gales of wind, we did not arrive at this place till Tuesday the sst instant. The remainder of the brigade came in between the 2d and Gth, and the batteaux on the evening of the 7tb, with every man fit fur duty, having been no less than 1 7 days on their passage from St. Mary's. Had the tr K)ps arrived as soon as myself, it was my intention to have followed Lieutenant 'L'olonel Coltman immediately ; but having afterwards an opportunity of much consultation and in- quiry, I determined, after every consideration which I could give the subject, to remain here, unless I should learn that my presence was necessary in the interior, and to forward Lieutenant Austin with a porty of twelve men, being the number mentioned in your Excellency's last instructions, fur the Service which you tliere direct.
That officer accordingly proceeded from hence, with one serjcant and thirteen rank and file, on the 9th, and was followed on tiie loth by Lieutenant Johnston, of the Indian department, as an interpreter.
I have b'.en very anxious since the departure of the troops for some news from Lieutenant Colonel Cultman, and was truly happy to find by u letter from him of the 2d of July, that he had arrived at Bas de La liivi^re (Winnipic) exactly at the moment when an expedition was setting off for the purpose of bringing down, whether by force or otherwise, a quantity of provisions belonging to the North- West company, which they hud collected as usual on the Assiniboine river, and which the Earl of Selkirk had refused to suffer to pass Fort Douglass, on account of the canoes being in a great measure manned by the half-breeds, whose passage by the Red Iliver he bas interdicted since the re-poescssion of that post.
The
The
HED RIVER SETTIEMENT. loi
<' The gentlemen of the Nortli-West company, hy whom I send this, have been '«lgo waiting anxiously for neus from th« Forks, as things were in so precarious a state, that notwithstanding the presence of Lieut. Colonel Colttnan, great mischief was at least very possible. I am happy to find, however, by a single line from himself, elated from the Forks of lied Kivor, at four in the morning of Tuesday the 8llt ii\8tant, that at that time no violence had occurred ; and that he conceived that no greater force than the party of twelve men under licut. Moir of the 37th (the recal of which from St. Mary's he is yet unapprizcd ol) would be requisite.
' 'I learn from other sources of intelligence, that my colleague left Das de la 'Riviere on Thursday the 3d} that ho passed Fort Douglass, accompanied by a brigade of four other canoes, between twelve and one on Saturday the 5th, and was saluted with seven guns ; that he encamped about half way between the fort and the North- West company's party, who are about two miles up the Assiniboine ; that he was visited next duy by the Earl of Selkirk, and joined by Serjeant Pugh and the remainder of the party of the 37th, which had composed his Lordship's escort ; that although the North-West and a considerable band of Indians, dispersed within A day's march to the North-westward, are much exasperated, he has hitherto been enabled to keep things quiet, and that there are now no fears of immediate hos^^ tilities, his Lordship appearing at present overawed by the nature of tlie force by wliich he is surrounded. Smith, the deputy sheriff', still, however, remained a .prispner in the fort
Lieutenant Austin's party was met on the 17th by the gentleman who brought Lieutenant Colonel Coltman's note of the 8th, near Lake la Croix, and probably arrived on Sunday or yesterday at Lac de la Pluie. It is satisfactory to learn, that late as it was when out public notification of the 3d of December from Nolle '"asaqua arrived in the interior (in April and May,) it has assuredly had the eflfect of pre- venting much mischief, which would otherwise have occurred, nothing serioui having taken place since its publication in the countries to the northward.
The political relations in which the contending parties stand at present, with re- gard to the Indian nations, are here stated to be as follows : —
The Sioux, a warlike and powerful nationi inhabiting the countries to the west- ward of Lake Supeiior from the Missouri, to about 48 North latitude, have from time immemorial been at war with the nations to the northward and eastward, viz. tiie Assiniboins (though originally from the san>e stock and speaking the same lan- giuage,) the Chip|)ewBs or Souteaux, and the Knistineax or Crccs, and even hostile and dangerous to the North-West company's people, whom they consider as the friends and supporters of their enemies. It hns, it seems, ever since the original grant of " Assiniboine" to tiie Earl of Selkirk, been his Lordship's policy to culti- vate the friendship of the Sioux, originally, probably, with a view of obtaining by their means supplies of cattle and other produce from the rich countries on the Missisippi and ^lissini ; and latterly perhaps with a view of keeping the latter nations, who are all strongly attached to the Nortli-Wcbt company, in check. It seems that ibis Spring, his Lordship thought proper, under the ostensible design of producing n treaty of |ieHce lx.'tween the contending nation» (an oliject the attainment of which is here stated tu be utterly hopeless,) to invite u large body of the Sioux to come down the Red Uiver to tlie Forks, thougli they Have never been accustomed to pass it below the Cliayenne in lat. 47*. 40'. except for the purpose of hostile incursion on their enemies to the Northward. This circumstance, coupled with the permanent occupation of part of their planting grounds, and probably some personal aggres- sions by Lord Selkirk's peo|)lc, all exaggerated perhaps by the inlluence of the North-West company, has it is said so exasperated the natives in the vicinity, that they are very much discontented at not being permitted tutakc up the hatchet against die settlers. The mutter is stated to have gone .so far, that his Lordship felt himself reduced to the necessity of endeavouring at a lute council, to treat with tliem for his territory, which was absolutely refu.sed ; that he then wished to purchase of them a, point of two leagues square . r!y, to the North-Wcst of the Forks (including the scite of Fort Douglass,) which was also refused ; that they now insist porcn)ptorily on his dismissing the Meurons instantly, and forbearing to cultivate another foot of soil; and that thtre is considerable doubt, whetiier they will not ultimately compel them to abandon the colony altogether.
^ do myself the honour of inclosing herewith a letter from Lieutenant Colonel Coltman, written before his departure from Ha.s de la Riviere (the North- West company's post on the river Winnipic, about a.mile from its entrance into the lake)
• 584- D d fur
IOC PAPERS RELATING TO THE
for the Red River. I have not hitherto been able to follow his directions with regard to sending a copy to Upper Canada, almost all the intercouriic between thia plttce and the Eastward being by the French river to Montreal direct ; and I havtt thereforei preferred transmitting it to your Excellency to waiting an indefinite lengtti of time to send it to the officer administering tlie government of Upper Canada ; I have, however, kept a copy, which 1 sliall forward to York by the first opportunity.
I have the iionour to be, &c.
(Signed) /. Fletcher, .t.
P. S. I had closed this, when I received a letter from Lord Selkirk, of which the inclosed is a copy, and which I thought of suflicieut importance to induce we to detain the canoe whilst I transcribed it.
To his Excellency Lieutenant-General
Sir John C. Sherbrookc, &c. &c. &c. ^ ,
Inrloture
(3) In Sir J. C. Sher- lirooke't, of loth August 1817.
Gentlemen, Fort Douglas, Red River, 28th June 1817.
On the 20th instant, near the entry of River Winnipic, a copy of the late
£>'oclamation of The Prince Regent, was handed to me by Mr. Angus Shaw of the Torth-West company. Tliough some of the allusions in the preamble seems to have been suggested by misinformation, I am not the less sensible, that it is my duty to yield implicit obedience to the injunctions of the proclamation. In consequence, the fort at Bas de la Riviere, though built upon my lands, was immediately given up to Mr. Shaw, and to another partner of the North- West company along with him. The furs also that were found in this pluce, when Governor M'Donnell and Captain D'Orsonnens re-occupied it in January last, have been restored without hesitation ; and Mr. Shaw has met with no obstruction in sending out the furs collected for the North- West company in the upper part of this river, together with as much pro- visions as lie deemed necessary for tlie supply of the company's canoes, and also of the troops and other people in your retinue. This has been done, notwithstanding the numerous acts of violence which have been committed against tlie servants of the Hudson's Bay company, by the very pe'^sous who collected and brought out the furs and provisions ; while we have thus shown the most ready compliance with the injunctions of the proclamation, I am sorry to say. that no corresponding disposition has appeared on the part of our adversaries. Not only does Mr. Shaw evade the restitution of the property of which the Hudson's Bay company was robbed last Summer, by his partners at River Qu' Appellc and Brandon House, but, with the proclamation in his hand, he has lent his sanction to new acts of aggression. I am informed, that in taking possession of tlie fort at Lake la Pluie, he has detained many articles to which the North- West company could have no shadow of claim, such as
C> visions and goods brought by the Hudson's Bay company's servants from Sion de c. I am also informed, that a canoe from Uaminbtiquia, loaded witli supplies of the most urgent importance, the unquestionable property of the Hudson s Bay company, has been stopped and sent back by orders from ^lr. Shaw, or some others of tlie North- West company ; as to these facts my information is as yet imperfect ; but this is not the case as to Mr. Shaw's proceedings at Bas de la Riviere, where he bas detained above forty |)acks of valuable furs, to which no shadow of claim could be set up by him or any of his associates. This act of violence has been done in tlie name of .Mr. W. Smith, soi-disant under skeriflf of a district in Upper Canada ; and wlio, under that character, bus the eftVontery to assume the powers of a magistrate in this territory. As the condu''t of this man (who appears to be in some degree deranged in lis mind) betrayed an evident pur^iosc to lend himself to further acts of violence, Governor M'Donnell has deemed it necessary to detain him in custody, as a disturber of the public peace, till your arrival. It is evident, that he has been u mere tool in the lumds of Mr. Shaw, who was present and commanded the men, by wliose aid the sheriff was enabletl to take possession of the furs. The juggle between them, liowever, is so well arranged, that each throws on the other tl)e I'csponsibility of the transaction, and neitlicr of tliem will give any order for restitution. If tliu servants of the Hudson's Iky company «vere inclined to act like their antagonists, it would not be difficult for them to retake these furs by force ; but they prefer waiting peaceably to obtHin redress through your interposition. While such bus been his own conduct, Mr. Sliaw bus tlie assurance to call for restitution of other articles now here, of which mc obtained possession in puiKuiicu of regular ugreenienis of sale. Mr. Shaw pretends to question tiic validity of these transoctigus i but whether he be right
or
RED RIVER SETTLEMENT.
163
or wrong in that opinion, I conceive that it rests with you (if not with a court of justice) to decide what are the restitutions to be made on either side. When the pro- clamation ordered the restitution of the forts and property they contain, I cannot conceive that it was the intention of Government, that each party should seize with the strong hand whatever they may pretend to claim as their own, wherever they may have the power to enforce their claim. The only interpretation which in reason and equity can be put on this article of the proclamation is, that the restitution should be generally made simultaneously on both sides, and arranged under your authority. To such a restitution there can be no objection on my part ; and I can with confidence assure you, that whatever you may order or even recommend on the subject will be complied with immediately, and without the smalkst hesitation or reluctance, by all who act under the authority of the Hudson's Bay company. I flatter myself, how- ever, that tlie subject will be considered in all its bearings ; and that even, if the purchases to which I have alluded may appear liable to objections, the party that has botia Jidc oblained possession of property under them will not be required to give it up, while the opposite party retains all the advantage of seizures made in defiance of law by undisguised robbery. On this point, I would beg leave to observe, that the seizures made by the North- West company have been in many instances for the purpose of malic.ous mischief, and the propei'ty wantonly destroyed. Breeding cattle and siiecp, brought to tlie country at great expense, liave been killed and e.\tcrminatcd ; tools, implements of agriculture, boats and canoes, have been broken up or spoiled ; '^vovisions have been consumed, or made away witli. In these cases, an equitable interpretation of the ])roclamation would certamly require not only the restitution of the articles w hich remain in the possession of the offending party, but also that those which he cannot produce should l)e replaced out of any similar articles which that party may have at hand. On this principle, if the sale made by Mr. D. M'Kcnzte at Fort William, and by Mr. Dease at Lake la Pluie, appear to you not to be valid, I shall be ready to replace with as little delay as possible, all the articles which have been consumed by my people oat of the stores at those places. On tite other hand, I trust that the North-West company will be obliged to replace in kind, on the spot, the articles which they seized last year at this place, and the posts of the Hudson's Bay company, both in this river and elsewhere. You are probably aware, that among the Articles so seized, there was a large quantity of pcmican, which has never been accounted for. On the other hand, a quantity of the same sort of provisions has been recently brought down the river by the very mdividuals who committed that robbery last year; possibly this pemican may be the same which they took last year ; but whether it be so or not, I conceive that it ought to be given up to the Hudson's Bay company, us a part of the mutual restitution urdored by the proclamation ; and as Mr. Shaw has already been allowed to send away as much as he deemed necessary for the imme- diate supply of the North-Wett company's canoes, I trust you will approve of the remainder being detained till your arrival and determination on the subject. Among the articles which Mr. Shaw has claimed as the property of tlic North-West company, arc two small brass guns brought from Fort William ; as to which I have told him, that even if they were not included in the sale by Mr. M'Kenzie, I could not give them up to the same men who had made such a detestable use of similar arms for the t^vo last years ; but I assured him, that the guns should be delivered into your hands, and my own also, if you require titem. Though Mr. Shaw is encamped in the midst of the half-breeds, who committed the massacre last year, and employing them as his servants, he pretends to say tltat they arc to be considered in the same light as any other Indians ; extending this to several gentlemen of good education, regular clerks in the service of the North-West company, among whom we may reckon his own suns. I trust, however, that he will not have influeiwe enough to persuade these misguided men to acquiesce in this disavowal. A great mass of most important evidence is ready to be laid before you on your arrival at this place ; and all the anxiety that I now have is for your early arrival, which I fear the Nortli-West company may have the means, as I doubt not that they iiave tlie inclination, to impede. If your military escort he any incumbrance, I trust that you will not allow it to occasion delay ; as your own presence, with the authority which you hold, will be suflScient for every pur[)08e of justice. If it he known tliat troops are coming up, thttt will have the same ctfoct as if tlicy were actually present ; and if it be necessary to .csort to force in the mean time, there will be no want of men able and willing to execute your orders. I have the honour to be, &c.
To Lieutenant Colonel the Honourable (Signed) Selkirk.
H. B. Coltman, & Major John Fktcbcr, &c. &c. &c. • 584.
104
PAPERS RELATING TO THE
No. a8.
Incloiiire
(0 iu Sir J. C. Sher- brooke's,of 13th SrpUmber 1817.
' Copy of a Dispatch from Lieut. General Sir John C. Slicrbrooke, G. C. 0.
totiic Earl Butliurst, K. G.; dated Quebec, i3tb September 1817:—
One Inclosure. ,
. My Lord, . Quebec, I3tb September 1817. ;
I Have the honour to transmit to your Lordship copy of a report made by
a committee of the executive council, upon the |>etitious of tiie sereral persons
mentioned in that report, who stand charsed with crimes committed in the Indian
country. The consideration of these petitions was suspended until your Lordship'fl
pleasura respecting the trials of tlie petitioners should be linown ; and your Lordship
having been pleased, by your dispatch, No. 107, to signify to me that I should
consider myself ut liberty to direct the trials to take place in Canada, I called upon
. the council to resume the consideration of the petitions above-mentioned, who made
the report now transmitted to your Lordship.
I have the honour to be, &c . .
j.^vEarl Bathurst, &c. &c. &c. (Signed> J.C. Sherbrookii:,,t\9
To his Excellency Sir John Coape Sherbrooke, G. CD. Captain-General and Governor-in-Chief of the province of Lower Canada, &c. &c. &c.
Report of a Committee of the whole Council ; present, the Honourable the Chief Justice in thechair, Mr. Young, Mr. Irvine, Mr. Duchesnay, Mr. Perceval and Mr. Smith.
May it please your Excellency, llie committee, in obedience to your Excellency's references of this day, have resumed the consideration of the several petitions of William M'Gillivray, Alexander M'Ketizie, John M'Donald, John Laugblin, Allan McDonnell, Simon Frascr, Hugh M'Gillis, Joseph Brisbois, John Sivewright, John Cooper, Hugh Bannerman, Donald M'Kinnon, Paul Browne, Louis Perault dit Morin, George Campbell and Francois Firmin Boucher, suspend*^ in consequence of tbeir report of the 2ad April last, and on the grounds of the apprehensions expressed on one side, of the influence of the North- West company upon the public in this province, aqd of the representations made on the other, of the difficulties to which the persons accused of crimes committed in the interior country are exposed in procuring their witnesses from thence, and. the probability that some will even refuse to attend in the lower province, the committee do humbly recommend —
That the trials of all the persons who stand charged with crimes of any description committed in the Indian territory, and in any manner having relation to the recent disputes between the Hudson*! Bay and North- West companies, be allowed to take place in the province of Upper Canada, according to the provisions for that purpose ;oontained in the imperial statute, 43d Geo. Ill, cap. 138.
All which is respectfully submitted to your Excellency's wisdom.
,.. hi i.l ) Uy order,
^ '/Couticii Chamber, Quebec, (Signed) 7. &a;e//, Chairmian.
'"'■* 30th August 1817.
No. 39.
Inclosure
(•) in Sir J. C. Sber- brool(e'i, of ijth Stpuiubcr 1817.
■,v •'•'■' Copy of a Dispatch from Lieut. General Sir John C. Sherbrooke to the Earl Bathurkt, K.G.; dated Quebec, 13th September 1817:— Three Inclosurea.
My Lord, Quel)ec, J 3th September 1817. ■
.1 Have lately received letters from the commissioners of special inquiiy in
the Indian territory ; copies of which, and of one fi om the Earl Selkirk to Mr.
ColtniBii, I do myself the honour to transmit for you." Lordship's information.
I beg leave to assure your Lordship, that I shall lose no time in communicating any further intelligence I may receive from the commissioners, on the subject of their mission. I have, &c.
The Earl Bathurst, &c. &c. &c. (Signed) J. C. Sherbrooke. ■
Sir, Forks of the Red River, 15th July 1817.
I had the honour of addressing your Excellency on the ad instant, from I'as de In Rtvi&i^ Winnipic, and of since communicating, through Mr. Secretary Cucbrane, my saie arrival at thu place, on the evening of the jth in8t,ant. -.
I have
RED RIVER SETTLEMENT.
103
I I. hfcv6 now the satiafaction to say, that after ?nniinierable xlifficuUrcs and delays, erising from the , mutual jeaiausiics and suspicion'! of the parties, I have at lenf^th succeeded in obtaining Lord Selkirk's promise to deliver up the property at this place, and '.vhich has already in part been carried into effect. I have also got both parties to agree upon and sign an order, to be transmitted throughout the whole interior, containing such explanatory details as are necessary for the practical execu- tion of the Prince Uegent's proclamation.
' Thiese two decisive proofs of obedience to legitimate authority on the part of the Earl of Selkirk, joined to the certainty that no one hostile step has been taken under his authority since the receipt of the proclamation, or eveti of the commissioners notification, leave no doubt of his Lordships peaceable intentions, especially as the Athabasca canoes, \iith a very valuable and unprotected property of the Korth-Weat company, has lately passed within his reach, and nearly at the same moment that accounts reached his Lordship of many violences, committed in the very country whence they came, on tlie persons and property of the Hudson's Bay servants there, during the early part of last winter ; a circumstance which must necessarily have irritated his Lordship's mind, and might have afforded some pretext for retaliation.
These circumstances, joined to the personal knowledge I have already acquired of tiiis countiy, where nearly the whole active population is armed, mounted on horse- back, and formed to habits which qualify them both bodily and mentally for warfare, have left no doubt on my mind of the necessity of allowing some armed force for the defence of the colony ; and I have been able to think of no other legal mode of doing this, except by the appointment of constables (an authority necessarily implied, even in the limited powers of tlie Act of the 43d of the King,) with the addition of a defeosiye force, under the name and recognized in bur old law books, of " Watch and Ward," to act under the chid' constable. On this subject I have the honour of Inclosing to yoar Excellency a letter which I have this day received from the Earl of Selkirk, and with respect to the contents whereof, I have so far made up my mind, aa to determine on recommending to the officer administering the government of Uppet" Canada, to issue a Noli Pivsequi in the case of some one of the party ; pro- Tided his Ldrdship and all other persons, against whom the warrants were granted, do appear, as proposed in that letter; and further earnestly to solicit your Excellency's favourable consideration of the proposal of a small body of the King's troops being left for tite ensuing winter in tliis neighbourhood, as a most excellent check on the colonists themselves, as well as a defence against the natives. If any portion of the King's troops remain, it u evident from the past, that they ou^t to have an officer with them ; and in hopes of your Excellency's favourable (ktermmation, I shall detain Mr. Mair here wilh a detachment, as nearly as possible numerically equal to what first proceeded with him from Drummond's island, as long as his instructions and the nature of the season admits ; a sufficient supply of English provisions for (he winter, is offered by a Governor of the Hudson's company, now here from the Bay.
Your Excellency witl observe the reasons assigned by the Earl of Selkirk, for his original refusal to Obey the warrants; and although I have no idea that his personal apprehensions were well founded, yet, with his Lordship's views of the character and proceedings of his opponents, they vttte not unnatural, and must, I think, be allowed considerable weight ui extenuation on a future iondjide surrender.
'« ue body guard of his Lordship, at all events, I am happy to find, were mudi less faulty than the^ formerly appeared, as the day after the Sheriff's arrival, the Serjeant waited upor him and ofiered him the services of himself and his party, if he thought them able to accomplish the aervioe required; this prompt return to duty> toge* ther with the circumstance of the commissioners notificatwn arriving at Fort WilliNn ' the same day as the Sheriff, which might very naturally puzzle him, will, I hope, be accepted as materially diminishing the Serjeant's fault. The conduct of himself and ' party since my arrival, on which Uiey instantly joined "ne, has been unexceptionable, 'and indeed entitled to n'ery praise. I have, &c. i
Sir J. C. Sherbr9oke, G. C. B. (Signed) fV. B. Cdtman,
&c. &c. &c. *■
"Sir, Fort Douglass, Red River, 15th July 1817. Indoaure
I have had ttw honour oS reoeivins your letter of the 13th, informing me of {„ sir /'c. Sbw. ^■our intentiod to constitute a legal anned forces for (he dd^sce of this place, and the . brM>k«'s,' of 1 3th 584. £ e preservation Sepumker 1817.
1(16
PAPERS RELATING TO THE
.preservation of the peace in the neighbourinfi; settloments. umler the ancient denomi- .Dation of " Wutcii and Ward." This proposal is in the highest degree consonant t* any Mfisbes^ and I estcooi it a fresh proof of your attention to the weiiarB of iHis Majesty's subjects in this remote part of iris dominions. I btnre no doubt that auch an astabiishiiient as you proposo, is tlie best and perSapa the only legitimate mode dwt can be devised of providing for the security of ttie inhabitants, so long at they cannot participate in the direct protection of liis Majesty's regular forces.
Tlie only point of your plan upon which I have to ofler any remarks, is tlie eickision of the officers of the late regiment of De Meuron from any station of cofluuand ; an exclusion which must have a very pernicious effect, as the good conduct which the men of tliat regiment have so constantly maintained, is principally to bo Hcribcd to the personal irtlhienee of these officers, under whom they have so long served, and in wlwai they have great confidence. If they are placed under ths command oifa stranger, especially one who does not speak their language, I cannot ieel confident of the continuance of the same good conduct, and cannot b ' apprehend that very serious bad consequences may be the result.
This exclusion you have stated to be unavoidable, on account of the warrants which liave been issued against captains Matthey liid D'Orsonnens, and lieutenant De Grafienreid (as well as against myself and other persons,) by some roagistmesili Upper Canada. I am well aware of the unfavourable impression which most ha«« arisen, when it was s*ipposed tiiat our want of respect to these warrants arosb from a determination to resist the due execution of the law. The superior dispatch of tho North- West company's messengers at the critical moment of the ice beg^ning to form on the lakea, enabled them to propagate tltis calumny for several months, before any exphinution of the circumstances ooukl be received on our part But I iattar myself, that my letters of November I2th and March t9t' to Lieutenant Governor Gore, must have removed any such impression. I there explained that we bad not the smallest intention to resist the due execution of the law ; but that from all th« circumstanoM of the case, we could not believe the warrants to be legitimate, atid issued from proper authority ; and that under such doubts we could not think of trusting ourselves to the discretion of men who were in tlie pay of the N«rth'West company, as the past conduct of that association, had shown not only the dee^ artifices which tbey were likely to employ for entrapping their adversaries, but alM> the horrible use which tliey might be expected to make of any advantage tbey niglA gaia over as. Though it appears we did not reason with perfixt accuracy as to uie legal character of these warrants, I still think that our grounds of doubt were nbC slight ; and, that whatever might be the strict legal authority of the warrants, those who applied'for then had very difierent objects in view from tlie cause of justice.
Informed as we now are on tlie subject, and having opportunities of proceeding to Sandwich or to York, with a fair prospect of personal security, we have no wish to avoid taking our trial for the offences charged against us, if indeed it be in the contemplation of our accusers to follow up their charjges so £>r. For my own part, I am persuaded that they never entertained such an idea ; ttiat they are themselves fully sensible of the futility of the charges, and that the chief object in view was to derange the organization of this establishment, to obstruct the farther prosecution of our journey, and prevent our liaving access to tlie sources of evidence which were Jtnown toexist in this quarter. Confident of being able to prove in the most satisfactory laanner, the absolute fidsehood of tlie changes upon which tite warrants in question were founded, it is a great disappointment to us to learn tliat you do not consider it aa within your province to enter upon that investigation. Since the judicature of these territories n upon so unfortunate a footing, that any person who n accused by a perjured hireling, even without the smallest shadow of a probability, may be required by law tu go to a distance ef a tliousand iliiiss to give in his answer M the chargei^ we must of coarse yield obedience. Allow me, however, to coll your atteakiea to the dreadful conoequeiices which niivy arise from the vigorous executfOflr of the law, if it be indispeusahly necessary, that all the ^ntlcmen named m th^«e warrante sheuld proceed at ouce, and without delay, to stand their triab in Upper Canada.
I have observed, that the good conduct and orderly behaviour which the men of
the late Swiss regiments have hitherto preserved, is principally to be ascribed te the
confidence tbey repose in the officers, under whom they have served so long wlifle in
the army. If all these effioers are obliged to leave the setttetnent, ir is not to be
*...,.,,-. expected
RED n I V E R SETTLEMENT.
^b7
«lepe«ted 'tint tlie men enn be kept in the mxnib gOod order a« hitlicrto; iafid the conseqiMnces maybe 'serious in the extreme. It is fiot from mere conjecture that I aay tlie nniinoBity of the North-Wcst comf any rtj^dinst this ticttlertient is htt extingttUlied ; it is even more vioient thfen cVcr. I hiive ascertnirted by the mclsi indisputable evidence, that their enmity originuted wiiilc the formation of the 8dttl6- meat woo yet but in contemplation, and that it arose from motivek which dan 'have no termination except in its utter ruin. Of the plots timt are at this mOment goht)^ on against it, I have evidence, not indeed sufficient as a foundation for legal proceed* ings, but more than enough to show the necessity of precaution. Even if the North-tfest company should be deterred frOm a rdpetitiOn of the Mame desperftto measures as last year, their secret machinations may be of the most alarming dodse- qu6nce. If th6 scttTeitCnt is to be exposed to the artiiicns of such an enemy, without OniB man poss^^s^l^ of <iulh6rity or influence amonc the most considerable body of the setttel^, wittiout oiie man capable of uniting tncir endeavours fur the cofnmon safety, it is not pcrh&ps too mudi to say, U>&t the result may be as fatal as the catastrophe of last year.
In these circumstances, t flatter myself that yoa will see the propriety, if I ntay not say the necessity, of relaxing in some degive the strict application of the law, so as to admit of at ICast one of the gentlemen of the late regiment De Mcuron mnvinini; at the s«!lti<<MIHil, ih a Matlon of 'sdtnt authority, white the others go with Me «a Uppor Canailb, to tnleot the charges bt'Oiight ngaiilst lis. Captain Matthey is tiM MhUeman, «>hoiti I i«-ould propose to rCRMin ; and, if I do ttot misapprehend the mtendcd course of protediir^, till that I wish would be attained, if you rctom- mend to the prosier autiibrity^ that a Noli Prosequi ntay b^ 'entet«d in his f&Vdtir, for a suflicient period of time, on condition of the appearance of hiysdf alld the other persons concerned, to answer to the charges brought against us.
I cannot quit this subject, without again repeating the anxious wish, which I have , ,■ ,,y
aireatiy 'ft^quetltly ekbrfessdd, that soiiie portioii, however small, of a military force.
may be l*ft hei'e. If it WWfe fltlly fof diie or two ycar^ ; a steady serjeant, with six or eight men of His Majesty's regular troops would aflbrd more cflectual protection to the settlement^ than tett tnncs tliuif number of any other description of force, and wduld, i^ fiict, be sufficient to obviate all bhltiety, as to any open or violent attack.
As you hAvb BuggMted the (tossibility thtit a giirritori bf liiofe condlderaBie iinmbers may be stationed on the Kaministigoia River, I beg leave to tender the buildings at Point Meuron for thetr eceomnibdatiori. I conCeite the situation to bd iri every respect RHich preferable to Fort William, and I Shalt Ira happy if the little tUt I have done tliere, can prove useful to His Majesty's s^vlce. I hmwy See:
Lieot. Colonel the Horn W. B. Colttnan, »m^= f^ (Signed) M/r*. "•
&c. &c. &c. •
-■,... ,'■■.: - -'vr
Si r. Fort William, 3 1 st July 1 8 1 7. indosure
I have the honour of t^ahsmitttns to your Excellency the inclosed Idttets, . „. ,^3) No«. 110 and Hi, which I received on Monday evetii^ij last, the 28th ihstdnt, from b'rooKe's, < f 131U* Mr. SirtNMi M°Gillivray< who arrived here on l(K)t, htfvn^ had hii cafnOe brdkcd f6 Sepfetiiber 1817. pieces amontftst the rapids about Hfty miles up ttie riv<!r. Mr. Shiith, wVib k(H^ &i deputy sheriff of the Western district, and who was with him in Uie same cdnOe, arrived the next day ; having, as t understood, bCen bailed by Lieutenant Colonel Coltman, after a rigorous imprisonment of about twelve days at Fort Douglass. Mr. Shaw had also arrived here dii ttie ijtlii from the same point.
I lielve also the hotioitr of inclosing a notice, by the contending pbrties, to the persons in charge of tlieir respective posts, directing a general restitution of aill pro^- perty seized by either. Sec. (No. 113,) which', K tekVty executed according to Hi purport, will, as I hope, be attended with good ef}i?ct. His Lordship's protest At the end of it is, however, a remarkable irVdication of the views which he still enter- tuita respecting his " purchases,'' as he calls thein, here and at Lac la Pluie.
Willi regard to the inCftsures itconimended by my colleague, remote as I am from the part of tlie cOuntiy from whidi (he information on which his suggestions are founded, ts derived, I am of course unable to oftfer any objections whatsoever.
Lieutenant Au*?iii, with his party of a serjeant and 13 rtien of the 70th, Was met by the iormer of the Usbove-mentioaed gcntlemeQ on the asd^ aboUt a day's jOlirney beyond Lac 1« Fluiet piXKCtMling towardii Bas deltrKivi^e.
fii^t Desmorais, ' (:
:to8
PAPERS RELATING TO THE
Desmorais, who was U>e steersman of Mr. M'Lcllan's canoe at the timo of the -murder of Kevcncv, is also here ; and I have felt it right to take his deposition respecting that unfortunate affair, a copy of which is inclosed, No. 113. I shall also transmit anotlier copy to the Chief Justice of Montreal, by the same co;. veyance.
The Papers, Nos. I'H and 115, 'the latter of which I received only this day from <Jovemor Vincent, who has, as I understand, honoured this neighbourhood with his presence, are sufficiently expressive of the notions of the Hudson's Bay company's officers, with regard to the nature and extent of their charter, and of the system of jurisprudence to be established under it.
I learn from Messrs. Shaw and S. M'Gillivray, tliat the former arrived at the forks of the Red -River on the 24th of June ; and that a day or two previous to his arrival a small band of about 23 Siuax warriors had been there, who had declared that they were the precursors of a very large body who were coming down the river by the invitation of Lord Selkirk, and which body they had again returned to meet on their way. They had not, it seems, anived on the 1 6th inst. in the morning ; but tlieee gentlemen appeared to be very apprehensive of serious consequences on their arrival, which was still expected when they came away.
As I learnt that Lieutenant Colonel Coltman now considers my presence as necessary in the interior, I shall ^ up immediately; though it will be too late to enable me to do uiore.tban meef, bun at Lac la Pluie on his «ray down, and tlierefore in a great measure useless. J have, &c.
Sir J. C. Sherbrooke, G. C. B. (Signed) J. FUtcher.
&c. &c. &c.
No. 30.
lodoNire
In Sir J. C. Sh)ir« brooke't, of s^d October 1817.
-Copy of a Dispatch from Ijeut General Sir John C. Sherbrooke, G. C. B. to the £arl Bathurst, K.G. ; dated Quebec, ajd October 1817 :— One Inclosure.
^lyLord, <Quebec, 33d October 1817.
I Have the honour to inclose your Lordship'copy of a letter I lately received from Mr. Goltman, one of tlie commissioners of special inquiry in the Indian territory.
.As the winter season is fast approaching, -there is every reason to believe that Mr.. Coltman will soon cetum (his colleague Mr. Fletcher having already arrived,) «of which circumstance I shall not fail to acquaint your Lordship, as well as of any further information I may obtain from that gentleman, on the subject of his mission.
I have, &c.
The Earl Bathurst, kc. &g. &c. (Signed) J. C. Sherbrooke.
Sir, Bas de la Riviere Winnipic, 8th August 1817.
I bad the honour «f addressing your Excellency on the 29th ult and had the .next day the satisfaction of being jomed by lieut Austin, with 1 a men and a ser* jeant of the 70th regiment, and LJeut. Johnson, of the Indian department j
I lost no time in completing my arrangements for the occupation of Fort Doug- iau by this party, and have the satisfaction to report to your Excellency, that they are now in comfortable quarters therein, and in possession of all the artillery on Red River.
Circumstanoes, vHth whichlam yet but partiallyacquaiated, having determined major Fletcher to wait at Fort Willianit till he learnt from me that his presence was alwo- iMlf ly occMflary in the interior, I feel, under all circumstances, some doubts about his pfooeeding at «U, or at least for a considerable time, and have in consequence been obliged to decide certain points, in which I should have much wished for the as- aistance of his judgment; the most material was the bailing of the Earl of Selkirk, which on the best reflection I could bestow on the subject, I have conceived it my duty to do, before leaving even for a short period the place of his residence, and I have accordingly i>ound himself in j£. 6,000, and two sureties, Mr. Gale, the barrbter, of Montreal, and Lieut. Colonel Diclcson, late of the Indian department, >o iC-3i000 each, for bis Lordshif's appearance at Montreal, the istday of March next, with a special clause in the bond, reserving His Majesty's right of cauaing the offences to be tried at any otlier court I have m like manner bailed Captains
RED R I V £ 11 SETTLEMENT.
10i>
Matllicy, D'Orsonnens, ami Dr. Allan, to appctir at tlie aamrj time at 'I place, tho former in £, 3,000, and tho two latter in £,. 1 ,,')00 each, wi h the same sureties as tor his Lonlship, in half tho sums each for which the priicipuls are bound. It' apiieurcd clear to mo, that there was no offence with which '.liesc parties stood ac- cused before mc, which was not bailalile by law, and the only doubt on my mind was, whether altogether they might not by their frequent repetition have amounted to what the statute calls manifest offences, but in judging of these, the few law authors I have with me, appear to consider that a considerable discretion is left tu the magistrate ; and as there arc various extenuating circumstances in most of tli(^ cases, and as tBe security offered, considering the nature of the country, was hii{liK unexceptionable, I thougiit it ri;;l>t to accept of it. Exclusive of the inimediatn circumstances of the coses on which of course my decision principally vested, there were other considerations of expediency, which added to the frankness with which tho Earl of Selkirk and his adherents liuvu constantly placed tlicmselves within the legal control of the commission, had some weight in my determination ; these ai(; principally the importance and difficulty (which latter would have been greatly in- creased by any measures of personal harshness towards his Lordship) of atlaminj; evidence respecting the charges which the Earl of Selkirk brings against the North- West company (and which I feur are but too well founded, as to many individuals, if nut the larger number of the partners,) of a deliberate plan and conspiracy for the destruction of the colony on Red River, and for the forcible prevention of the Hudson's Bay company's servants in their attempts to penetrate into the Athabascs* country, where it appears certain that Mr. M° Ixod and those acting with him, have during the course of last winter, under different pretexts, confined the persons of every one in the Hudson's Bay sei-vice, between 50 to 100 persons, with the excep- tion of one or two who have made their escape, and seized the property in theii" charge. It is to investigate this latter ofl'air, and further to provide as far as possible, for the security and libcratioti of the persons confined, that I have moved to this
itiace, at the period of the return of the Athabasca canoes ; after their passage, '. shall again visit the Red River, as I was under the necessity of coming away from thence before the evidence there could bo got through. At that place I shall unit ut all events for the return of Mr. Johnson, who goes down in my canoe to Lac la Pluie, to bring up a month's provisions for the troops, who will then be victualled up to the loth October, and the Hudson's Bay supply is expected to arrive early in September ; this latter event it is probable I may myself wait for, should I finally deem it advisable to have the troops for the winter ; the circumstance of one officer alone being sent with the whole detachment, interferes with my views in this respect very materially, but still the inclination of my mind on the strong grounds which I have already had the honour of stating to your Excellency, is in favour of the measure, if lieutenant Johnson or any discreet person unconnected with the par- ties, can be prevailed upon to winter, to wiiom the Serjeant of the party might look up for advice and orders, in case of difficulty.
Lieutenant Austin, who came up only in consequence of the wishes of innjor Fletcher, and liis own zeal for the service, is of course anxious to return to the larger body of troops under his orders, and accordingly proceeds with the present brigade, which also conveys down the prisoners from tort Douglas, consisting of M'Lellan and Lamar, under indictment, the former for Keveney's murder, nnd Menville, the person who actually shot him. Bustonnab Pangman, one of the half-breed leaders, under indictment fur aiding to plunder the colonial cannon in 1815, also goes down to take his trial, having surrendei'ed voluntarily. The detachment of the 37th regiment returns also under the charge of Mr. Austin (the scrjeant being under arrest with the party,) to Fort William, from whence ttiat officer will take the first favourable oppor- tunity of proceeding with the whole of the troops there to Drununoud's Island, unless it should appear material to leave a detachment not exceeding six men and a non- commissioned officer with major Fletcher, which in case of application from that gentleman I have desired Mr. Austin to furnish, provided he eun be assured of sub- sequent sufe conveyance for such detachment, under the agreement of Goverment with the North- West company for transport ; a circmstance, the importance whereof I recollect your Excellency dwelling upon in strong terms, and in fact the consi- derations connected herewith, and the difficulty of bringing down the detacimient at Red River, under all the circumstances of the case, in time to cross Lake Superior at an eligible season, is a material reason in favour of their being allowed to winter.
The detachment of the 37th regiment will, I presume, meet their further orders at Drumntond's Island, in conformity to the general order of the 15th of May last, I 584. F f which
No. 31.
no P A P E R S R K L A T I N CJ T 0 T II E
which OS I apprehend, cancels the prcviun^ instructions to tlic coinmissioncrs, for these men to nccompany tiicn»elvc» to Kingston ; tiicir present orders may however pro- bably still be for to proceed nnd join their regiment at Kingston ; it so it will be fortunate, as. I find from the ditliculty of meeting with persons in this country, unconnected with one or other of tlie parties, the Chief ./ustice of Montreal has directed his bench narrnnts uguinst most of the indicted persons to the individuals of this detachment ; and I have thought it right to follow the example as to Menville, who proceeds in company with ti>e others.
The Earl of Selkirk, ns the original coniplninnnt, has nrrongcd with me to furnish n guard of six Mcurons, to assist in the duty of attending to the safe custody of the prisoners ; this guard is under the charge of u respectable young man named La Croix, wliom his Lordship has recominendi-d to be appointed a constable, and the whole further under the direction of a Mr. M'Leod, of the Hudson's Bay service, who is going down under bail.
Tiiese persons might take on the prisoners from Drummond's Island, should the military duties of the dttuchmcnt of the 37th reijimcnt (which must in their case be considered as su|)crior to their civil obligations) prevent their going on ; but the same causes which first led to the insertion of the military in the warrant, would still make it desirable for them to proceed as far as possible. Uin.lcr the pc(;uliar situation of .<icrjcant Pugh, I have thought it right only to inform himself and the detachment of the nature of the warrant?, but to deliver them to Mr. Austin; and I have taken the liberty tomcntioM this circumstance to thcotFiccr in command at Drummond's Island, that he may consider of the further propriety of requesting the same officer to continue with the party to Kingston, if your Excellency's orders are for the detaciiment to proceed there, and the service in other respects admits of his absence ; this arrange- ment, as it appears to mc, would have the best tendency towards ensuring the safe delivery of serjcant Pugh, and the civil prisoners at Kingston, without unnecessary severity towards themselves. I have the honour to be, &c.
His Excellency Lieut. Gen. (Signed) fF. B. CoUman.
Sir J. C. Sherbrooke, G. C. B. &c. &c. &c.
Copy of a Dispatch from Ijeut. General Sir John C. Sherbrooke to the Earl Bathurst, K. G. dated Quebec, 27th November 1817.
My Lord, Quebec, 27th November 1817.
rr is with cuiLsiderable satisfaction that I inform your Lordship of the return of Mr. Coltman from bis mission to the Indian territories, and that the general result of bis exertions has been so far successful, that he has restored a degree of tranquillity there which promises to continue during the Winter, and has procured a mass of ijiformation, tiial may throw a light on past transactions, and serve for a guide for future measures.
Mr. Coltman has not yet been able to prepare his general report ; but by the partial statements I have received from him, it appears that both parties continued, up to the time of his departure from the Red River, to pay due obedience to the proclamation of His Royal Highness the Prince Regent, and that copies of thai ))roclumation had been forwarded to the most distant posts, with a circular letter from Mr. Coltman, explaining its views, and placing in a forcible light the motives, and the necessity of submission to it.
Fronj these measures, and from the personal presence and influence of Mr. Coltman, it has resulted, that not only no further violence has been comuiitted, but the pre-exist-^ ing irritation has been considerably allayed, nnd some of the persons concerned in the former violences have come forword voluntorily, and given themselves up to take their trial on the indictments found at Montreal against them. Two persons, named Grant and Cadotte, who were iiuiicted as accessaries to tlie murder of Owen Kevcney, are among those who have surrendered themselves ; and they preceded Mr. Coltman to Montreal.
The Earl of Selkirk, and the officers of the late De Meuron's regiment who were w ith him, having been served with process of ar. 9st for the alleged rescue committed by them at Fort William, last Winter, Mr. Coltman very properly admitted them to bail ; and his Lordship is now daily expected at Montreal, where both he and the officers have declared their readiness to submit to a trial.
. . , Mr. Coltman
II E D R I V E R S E T T L E M E N T. in
Mr. Coltmnn proposes, after he shall have completed his general report on the subject of the mission, to rctinn to Montreal, where he is in hopcb tliat he will be enabled to nindernte still further the spirit of both parties, and to bring tlicm nearer to an amicable accommodation during the Winter. I confess to your Lordship, that I do not myself entertain any sanguine expectations of so happy a residt. I3ut xvhciher it be attained or not, I owe it to Mr. Coltmuti to assure your Lordship, that to his moderation, firmness and well advised measures, and to the liberal view ne has taken of the transactions in the Indian country (considering tlicin as the Ruddcu resultsratherof mutual irritation and individual violence, than of settled plans aiiaiast the public |)cace,) it is mainly owing that tranquillity iias been so fur restored to those territories, so lately the theatre of disorder and outrage.
I have, &c.
The Eorl Bathurst, &c. &c. &c. (Signed) J. C. Slicrbroolce.
Copy of a Dispatch from Lieut. General Sir John C. Sherbrooke to the Earl Dathurst, K.G.; dated Quebec, i/th December 1817.
My Lord, Quebec, 17th December 1817.
I Have the honour to acquaint your Lordship, that on the petitions of the different persons charged with otfenccs in the Indian territories, stating, that their w itnesses are chiefly in Upper Canada, and praying to be removed thither for trial ; as also from my own convictions of the necessity, on this and other grounds of sucii removul, I have, with the advice of the executive council, supported ns it is by the general principles laid down in your Lordship's dispatch, No. 107, of the 13th Junc last, caused instruments to be issued in due form of law, for removing to Upper Ca- nada the persons and proceedings in <|uedtion. And this I have dune after due com- munication with the Government of Upper Canada, and under the authority of the Act of the Imperial Parliament of the 43d Geo. 3d,c. 138th, sect. 3d, by which it is provided, that " If the Governor or Lieutenant Governor, or person administering " this government for the time being, shall from any circumstances of the crime or " ofl'cnce, or the local situation of any of the witnesses fur the prosecution or " defence, think that justice may be more conveniently administered in relation to " such crime or ofi'ence in the province of Upper Canada, and shall by any instru- " mcnt, under the great seal of this province, declare the same, then that every " such oft'ender may and shall be prosecuted and tried in Upper Canada."
I have, &c. The Earl Bathurst, &c. &c. &c. (Signed) J. C. Sherbrooke,
No. 32.
Copy of a Dispatch from Lieut. General Sir John C. Sherbrooke to the Earl Bathurst; dated Quebec, 7th Apiil 181 8: — Four Inclosurcs.
My Lord, Quebec, 7th April 1 Si 8.
I Have the honour to inform your Lordship, that by the recommendation of tlic executive council, on the petitions of divers persons servants of the Hudsons Bay company, or adherents of Lord Selkirk, accused of oft'enccs committed in the Indian territories, I issued in the beginning of February, a special commission of oyer and terminer, for the trial at Montreal of these cases, und such others of \\ similar nature as should be brougiit before it.
This special commission was rendered necessary by the incompetency of tiie Com t of King's Bench at Montreal to try these cases ; one of the judges being under suspension, and the two others from conscientious motives withdrawing thcniseive;^ from the bench, in all cases in wliich the North- West company are either the accused or the accusers.
It W08 impossible to open the commission before the 2olh February ; and although many bills of indictment were found by the grand jury, chiefly against the servants und partners of the North-West company, it was equally impossible to brini; even one case to trial before the 1st of Marcii, when tiie powers of the special com- mission were determined by the occurrence of the ordinary terms of the Kin<z's Bench for the trial of criminal causes ; and the proceedings of the special court were then adjourned over to the 4th Muy.
584. The
No.
119
PAPERS RELATING TO THE
Inclosure
(I) in Sir J. C. Slier- brooke's, of 71I1
Inflosure
Tlie grand Jury that came before tlio Court of King's Iknch having found u niinibcr of bills of indictment against the servants of the Hudson's Uay company, and the adherents of Lord Selkirk, which another grand jury had but the week before thrown out, the crown oflicers were induced by this fact, as well as by the evident bias of the public mind there to one |>urty or the other, to stay all pro- ceedings whatever, and to report to mc their opinion, that no impartial trial could be had there.
Influenced also by these impresttions, and aware that I would not allow tlie triaU of the person charged with the murder of Owen Kcvency, to take place out of the province, they removed the prisoners and witnesses in those cases to tliis place, « here the session of the criminal court commenced on the 3oth ultimo.
Hero too I lament to state, that the term did not allow the proceedings to be carried to a conclusion ; and in referring your Ix)rdship to the inclosed copy of n letter from the Crown officers, stating the extent of those i>roceedings, and tlic cause of the interruption of them, I beg leave to inform your lx>rdship also, that I have determined to adopt the recommendation of those gentlemen, by issuing a special commission of oyer and terminer for this district, belore which 1 trust a verdict will be obtained in these long pending cases.
Lord Selkirk having urged me much to instruct the Crown ofTicers to avail them- selves of the assistance of his legal advisers, in conducting the prosecutions against the persons accused by him, although I did not feel justiiied in giving such a positive instruction, I nevertheless left it optional with the Crown officers to do so, if they •tthould think it would tend to the good of the King's service.
1 have the honour to transmit to your Lordship, copy of the report of these gentlemen, declining to permit the council of the Earl of Selkirk to ussist in con- ducting the prosecutions : And altiiough I acquiesce in the Justice of the ground they have stated for this course, and can myself see other reasons which would render it highly inexpedient to admit the interference of the private counsel of either party to a share in conducting prosecutions which have already been too iiuich influenced by the private feelings of both, I consider it but fair towards Lord Selkirk, to trans- mit your Lordship extracts of his letter, protesting against this exclusion, that your Lordship may be aware of the reasoning which he brings against it, and of the inference also which he draws, that he cannot in Justice any longer Ira held respon- sible by His Majesty's Government for the issue of prosecutions over the conduct of which he has no control ; and I trust, that if your Lordship shall be of opinion, that the Earl of Selkirk should be allowed the privilege lie claims, you will favour me with specitic instructions to this effect.
At the same time, however, as his Lordship's reasoning is grounded on the alleged inadequacy of the Crown officers to perform their duty properly in these cases, unassisted, justice equally demands that I should transmit to your Lordship copy of their reply. I have the honour to be. See.
The Right Hon. tlie Earl Dathurst. (Signed) J. C. Shtrbroohe.
Sir, Quebec, 27th March 1818.
In answer to your letter of tlie 2Gth inst. we have the honour to inform you, for the information of his Excellency the Governor in Ciiief, that we shall most readily receive the assistance of Lord Selkirk's legal advisers, by receiving any in- fornmlion they nuiy possess.
Hitherto all Crown prosecutions in Canada have been conducted by the Crown officers ; and as they are held responsible for the mode of carrying them on, we cannot allow the law advisers of Lord Selkirk to take a part in conducting the prosecutions, or the examination of witnesses, unless we receive instructions from Ills Majesty's Government to that eti'ect. We have the honour to be, &c.
(Signed) JV. F. Uniackc, Attorney General.
Andrew IV" Cochran, Esq. Charles Marshall, Solicitor General.
Sir, Quebec, 2d April 1818.
We have the honour to acknowledge the receipt of your letter of the ist instuiit, and to state, for the information of his Excellency the Governor in Chief, that the trial of Charles de Reinhardt and Archibald M'Lellan, came on on Monday morning
last,
TIED RIVER SETTLEMENT.
•H;J
1ii<it, niid contliuictl, ' itii the iiitci-vul of ncljournmcnt from Monday niplit, until 'J'oesdny cvciiin;}. 'J lie term ncr(:<!4arily (>l(>!«in({ lit tnelvc o'ckock on that ni)(lit, and there hrinir many witnessii on Iho part of the Crown itiil to lie examined, a jiirtM- was withdrawn with the cunneiir of iIk; piiHoncrtt, hy whidi mcuna tlie case is left 'u\ the tame situation as if no trial liud liccn cunmwnced.
• The course which we conceive the most advisnhic to he ptir^ued, will be to iisirtj ft commiHsion of oyer and tcrmiiii-r, for the aistiiiMnnt, which may be adjourned xjvfr in case the business in the court of appeals should render it necessary.
The reason why we press the openinj; of the commission nn as early a day as
possible is, that by so doing the formal and prcliininary parts of the procc< tfings
may bo at once cot throu)(h, and a subsequent day fixed for the trial, as may truk jhc convenience ot the judges. •
W'e regret exceedingly, thot tlic extraordinary Icnglli of tlie case should liave pre- vented it|» being brought to a conclusion ; but ve !>huuld not be doing justice to ourselves, were we not to state the reasons wliy this trial did not come on at an earlier period of the term.
The bill of indictment was in perfect readiness to have gone before the grand jury Tin the first day of the term ; on tiie preceding day, however, one of tlie counsel of the Earl of Selkirk arrived at Qucl>ec, and urged the ex|)ediency of making some change in the bill of indictment, which was accordingly re-drawn and engrossed. On the second day of the tarni, another of the Earl of Selkirk's law advisers arrived, und suggested new alterations, to which also, though we did not think them essential, we acceded ; being actuated, on both occasions, by an anxiety to comply with every f uggestiun of the prosecutor.
In consequence of these delays the bill of indictment was not found, till late on Tuesday the fourth day "Of' the term. It would have been scarcely fair, on the part of the Crown, to have insisted on going to trial the next day ; and the obvious jnconveniencfl of commencing a trial of such length on tho Saturday, suggested the nccei^sity o( fixing it fur Monday. ,
We have the honour to be, &c. (Signed) Norman F. Uniacke, Attorney General. . . ..A- W. Cochran, Esq. Charles Manhall, Solicitor General. .
1 ■;
Extract of a Ixttcr, dated March ,30th, 1818, from tlic Earl of Sdkirk to his Excellency Sir John C. Sherbrooke, G. C. B.
Incloiitra
. . in Sir J. C. Sher-
" It will be evident to your Excellency, that the examination of the witnesses bmnke's, m 7111 is so essential a point, that if that Ije not |iro|ierly conducted, nothing else can ^P"' "''i'- supply the defect. Whatever may be the infurmation which a witness possesses, it wilt not come out before the jury unless he be properly questioned; and toj put the questions properly, especially in a case that depends much upon circum- stantial evidence, requires en intimnte knowledge of the facts of the case, as stated ini the preliminary examinations of nil the witnesses. I have already pointed out ttr^ your Excellency the improbability, tlmt in nny of the cuses which are likely to come forwaixl, relative to transuctioiis in the Indian countries, the law officers of the Crotvn should be as w<:ll acquainted with the facts as tiic counsel of the private prosecutors. In the case thiit is now before tlie Court, relative to tlie murder of | Keveney, this is particularly exemplified ; for though the counsel of the HudMonTl Buy company have been in readiness both here und at Montreal, to communicate j Qvcry information that might be required from them, the Attorney und Solicitor General have been so fully occupied with other business, that it is only within the last two or three days tliut they have found time to pay any attention to the case ; and within four-and-tw(iiity hours of the time when the trial was to begin, they had not seen some of the most materiul witnesses. It will l)c proof of extraordinary exertion and of, an uncommon degree of readiness, if with so siiort a preparation tbese gontleineu can have qualified themselves to conduct the cxaminulioii, even of the witnesses for the prosecution; and I conceive it to i>e utterly impossible for them to lie prepared to Cross-examine the witnesses for the difoiice. I have reason to believe, that the friends of the prisoners have obtained information os to every iota of the evidence to be produced against them ; so that if they should attempt, by means of suboincd witnesses, to give a difierent colour to the transaction, they know exactly iio* to shape their story in the most plausible manner. Such an atteinpt niiglit probahlv
.')84.
G
be
i»4
PAPERS RELATINGTO THE
Iiulofure
in Sir J. C. SI'cr- liriu)ki''>, ijf 71I1 April isitj.
iiii:
be defeated by an able and rigorous cross-cxainination ; but it must be evident, that without a complete knowledge of tlie real facts, and a fauiiliur recollection of the evidence on each point of the case, no advocate can be prepared to detect a well- concerted perjury.
" Even in the point of language, tlie Attorney and Solicitor General are under great
disadvantages, as neither of them arc very ready in the use of the French language,
and they seeiu to be quite unacquainted with the peculiar phrases and idioms which
prevail among the peasantry of tiiis province, so that it may admit of much doubt,
\ whether their questions will always be intelligible to tin witnesses.
" In these circumstances, though I feci perfectly confident that there is evidence on the spot, abundantly sufficient to establish t.j guilt of both the prisoners, yet I shall not be surprised if that evidence should be so imperfectly brought out, as to fail in producing their conviction. An acquittal under such circumstances will screen them from punishment, but cannot \)e referred to as a proof of their innocence, or as inferring any presumption that the charges have be«i brought forward on light and insufficient grounds. On that point I cannot feel any great M'eight of responsibility as to the case that is now under trial, as the bills of indictment found last year in the Court of King's Bench at Montreal, and the proclamation whici your Excellency was pleased to issue tiiereupon, are more than sufficient to justify any part which i have had occasion to take in the business.
" But when I consider the principle which the Attorney General Las laid down as the rule of his conduct, and look forward to the npplication of tlie same principle in other cases, I must be allowed to say, that it would be the height of injustice, if the result of these trials, conducted as they are likely to be, should lie considered as a failure on my part to substantiate the accusations that 1 have brought forward ; and I flatter jnyself, that your Excellency will not think it unreasonable to represent to Lord Batliurst the nnpropriety of his drawing any sucii conclusion, or making it the ground .of any determination, as to the conduct to be pursued by Government.
" I flatter myself also, that your Excellency may see fit to make a representation to Government of the very serious and alarming consequences which may be expected, if the principle now laid down by the Attorney General should be adhered to, as a per- manent rule for the conduct ot the law officers of the Crown in this province.
" The Attorney General Vjjst be sensible that a different and opposite rule is estab- lished in England, and that private prosecutors arc there at full liberty to employ their own counsel to conduct prosecutions in the name of the Crown; and I beg leave to observe, that if it were not so, the la\v officers of the Crown would be invested w ith a power of the most dangerous extent, no less than that of affording impunity to any offender whom Ihcy may chuse to favour, however atrocious his crimes may be. I am too well acquainted with the honourable character of Mr. Uniacke, and persuaded of the iiite;{rity of his colleague, to suppose any possibility of their being guilty of an intentional dereliction of duty. But the confidence that is reposed in the individuals who for the time licing hold these situations, cannot be made the ground for a general and permanent rule as to the duties of the office; and it is certainly a possible case, that these situations might come to be filled by |)ersons of an opposite character, who, from corrupt motives, might be desirous to screen a criminal of tho highest order from the punishment due to his crimes ; and how is this to hj prevented, if the individuals who are particularly aggrieved by these crimes, arc to be excluded from any share in the management of the prosecutions, if tiic proceedings me to be conducted entirely by an officer, who may bring forward as little of the evidence us he sees fit, aiul may brin;; the prisoner to trial in such a manner as to scrc(>n him in all time coming, by enabling him to plead aiUnjok acquit."
Extract of a letter, dated the 4th of April 1818, from the Attorney and Solicitor General, to Mr. Secretary Cochran.
" We cannot refrain from cxprcss"ig our surprise at the letter of the Earl of Selkirk, of the joth of Majcli lust, to his Excellency the Ciovtrnor in Chief, which his Excellency's ciuulour and comlosccnsiuti have induced hiui to lay bufurc us, and on which we be;; to offer u few obscrvutions,
" It is true, that we refused to allow the counsel of the Earl of Selkirk to participate in the cunduLtiiiil of the case in quiatiuii, either in addressing the .lury or examining the witnesses ; tlrst, because wc thought it unnecessary ; and secondly, because tho
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RED RIVER SETTLEMENT. ^15
responsibility, both as to maintaining tlie dignity of tlic Crown, and nnaiving out the case according to the facts, resting on the Crown officers, wo conceived that it would be inconsistent with their duty to admit of the interference of a counsel of a private prosecutor ; but uc were ready, and did expect to have received either from his Lord- ship or his professional advisers, that which it is the duty of every prosecutor to fur- nish, all poesible information not only previously to, but during tlie trial.
" We perfectly agree with his lordship, that an intimate knowledge of the facts is necessary for the proper management of this and of every other case ; t>ut we are bound to suppose, that every information is contained in the very ample depositions which have been taken on the subject, and which have been most attentively read and con- sidered by us. Being then in possession of all the facts of the case, hb Lordship will «xcuse us, if we presume to think ourselves competent to " put Uie questions pro- " perly," and to bring every fact before the jury, which the rules of evidence, and the practice of British criminal courts o>' justice will admit of. And we feel assured, -tliat his Excellency will not, without more impartial authority, condemn His Majesty's Crown officers for refusing an interference, whidi it might have been construed into an admission of incompetence on their part to have allowed.
" Wc hope and trust, that when the Earl of Selkirk took upon himself to assert, that " the Attorney and Solicitor General have been so fully occupied with other business, " that it is only within the last two or three days (before the trial,) that they have " found time to pay any attention to tlie case ;" his Lordship was not awa;re of the; many hours, during which, for some weeks past, they have been occupied with it, nor that the whole of Saturday and Sunday preceding the late term, and a consider- able part of the week, were occupied in preparing, altering and re-altering the bill of indictment, in compliance witli the successive suggestions of his Lordship's law advisers, as they respectively arrived in Quebec. Indeed, the only point 011 whicii wc can admit that any blame can attach to us, is in having allowed the time to be consumed in making alterations which we then deemed, and which the evidence has since proved, to have been unnecessary. The same observations apply to the cross- examinations of the prisoners witnesses ; we do not pretend to a spirit of divination, as to the line of defence which will be adopted ; but neither do we admit our inade- quacy to fulfil this branch of our duty.
" In answer to the observations which the Earl of Selkirk has thought proper to make with respect to the French language, we believe we may assert with the same degree of confidence, that the jury understood every observation which we addressed to them ; and that we were also fortunate enough to make ourselves perfectly intelli- gible to tlie witnesses, the principal of whom his Lordship ought to recollect were most fully examined by us, in the presence of his Lordship's connsel on Sunday last, the day preceding the trial.
" With resptxt to the otiier observations of his Lordship as to this particular case, it i> only necessary to observe, that if, in the progress of it, it should appear that we have been guilty i)i a nej;4ect of duty, or have discovered wnnt of legal skill in the execution of it, we should be liable to animadversion from His Majesty's Government; and though we must decline tlie Earl of Selkirk as our judge, wc should have no objection to meet liiin as our accuser.
" As to the application of the principle, which the Earl of Selkirk so earnestly deprecates, to other cases in which his Lordship may be tiie private prosecutor, we beg to state our fixed dctfrmination, not to admit of any interference in any prose- cutions instituted by the Attorney General, until we receive positive commands from His Majesty's Government to that purpose. We think, however, that there is a course by which the tlurl of Selkirk might obtain the management of subsequent prosecutions to the fullest extent; viz. by preferring himself bills of indictment to the grand jury, and wc should not object to those prosecutions being conducted altogether by his Lordship's counsel.
" The Earl of Selkirk cannot seriously think of building any argument against the line of conduct wliicii wc have pursued, on the practice in England, where there is no Crown officer appuintcd for tiie conducting criminal prosecutions, except in cases of state ofttnulers. In this province, tiic prosecution of all ofTences constitutes tlie principal functions of ti>c Crown officers ; and the possitiility of an abuse of the trust reposed in them, would »pply with equal force against the exercise of every other species of authority, w hicli is exclusively vested in the officers of Government.
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PAPERS RELATING TO THE
No. 34.
Incliisure
(1)
in Sir J. C. Slirr- hnicike's, 111 lOlli May iSitl.
Copy of u Dispatcl) from Lieut. General Sir John C. Slicrbrookc, G. C, B. to' the Em I Eulhurst, K. G. ; dated Quebec, iCtli May 1818:— Ten
Iiiciosures.
•1 • I\Iy Lord, Quebec, May 1 6th, 1 8 1 8. ■
I avail myself of the fir.ft opportunity to transmit to your Lordship the IncioseH ireport, and tlie accomprtnvinf; dwiunents, from Mr. Coltuian, (which, from the caufcs mentioned by him in the beuinnin;; of his re|M>rt, I only received yesterday,) stating the general itnpre.ssions made on his mind by the evidence collected by bim res|x;ctinj|r .the disturbances in tiic Indian territories.
' I deem it unnecessary for me to oflcr any observations to your Lordship on this very able staicment; excepting that part of it in which Mr. Coltman points out the course which, in his opinion, it will be advisable for Government to adopt ; which he sugjjc.sts might be, in the first place, l)y tlie interference of Government in the prose- cutions now j)enilin!i on both sides, with a view to a selection from each of tlic most nguravated cases only, for trial and puirishnient ; and, in the second place, by the (iovcrnnient taking into its hands the civil government of the Indian country, and the territories claimed by the Hudson's Hay company, which he considers to be botli justified and rendered necessary by the misconduct of both parties, which has laid ■them at the mercy of the King's Government.
This last suggestion I cannot pass over without strongly recommending it to youi* Lordship, as affording, in my opinion, the only prospect of preserving tranquillity in those countries. Hut on the propriety of the CJovernment interfering with the pro- secutions now pending on both sides, as suggested by Mr. Coliman, I forbear to offer any conrnient, as his opinion on this point is fornied on a view he has taken of the guilt or misconduct of both parties ; of the correctness of which I wish your Lordship, on a perusal of his statement, to form an unbiassed judgment.
In laying this statement, however, before your Lordship, I beg leave to add, that as it touches on some points of a delicate iiature, and has been submitted to me con- fidentially by Mr. Coltman, as one of my executive counsel, 1 trust that it will be considered so also by your Lordshi|).
I have the honour to be, &c.
The Right Hon. the Earl Bathurst, K.G.
(Signed) J. C. Sherbrooke.
Sir, Quebec, 14th May 1818. '
I had the honour to receive your Excellency's commands, signified to mc in Mr. Secretary Cochran's letter of the 3d of last moulii, that I should furnish ii ."-tatemcnt of my own impressions, as (o the evidence T had collected respecting the disturbances in the Indian territories ; this I thought at the time would have required the labour of only a few Hays; but on endeavouring to explttin my ideas on papei*, I found it impossible even .atistactorily to account to myself, and more so, clearly to explain to another my opinions, except by a reftTciice to, and some detail of, the evidence bearing on each point, which I consequently found mysdf obliged to com- mit to paper. To render this statement intelligible, I have since found it necessary to anungc it according to the date of the occurrences, and it has extended to a I'.ngtli, and required a degree of time and lahoiu', of which I luid no [ireviyns idea; iiltliougii c.jn:|)lcted, as yet, so far or'y as to include the melancholy all'air of the i()th .lune I Sill. I trust your Excellency will not, however, disapprove of the mode I liave adopted ; as, excLisive of its appearing to me to be the only practicable means by which I could make an intelligible report of the facts, which I conceive to have ill en e.-itablished belbre me, 1 scarce know how I could otherwise avoid the risk of truiibling your Excellency with crude and undigested opinions of my own. An jn( iilental advantage of the coiu.se adopted has also been, that it has included so minute an examination of all the material evidince, that your Excellency may probably tieem it unnecessary iw mo to complete that detailed analysis ot the tacts stated in «ach deposition, which I mentioned in n)y letter to Mr. Cochran of the ad ultimo; lor I now feci satisfied that I have ascertained, as I'ar as my l)e.>t jiulgmcnt and iiltenlion will enable mc to tlo, the principal fads established before me, an! ih'' l.iir inferences to be drawo therefrom ; I still ltd, however, mobt sincerely anxious, that before my opinions are in any sliajH! acted upon, the whole evidence siiduld be siibmilted to persons more qualified than myself, by educaliim and habit, to estimate t( stiinonv and judge of le>;al questions ; and ut the same thnc freer from the possibilitv,
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of bias or prejudice, than any human beiii<;s personally, and ratlier iniimately acquainted with all the parties, can suppose himself to be, however satisfied he may feci of liis own conscientious anxiety to act with perfect impartiality. Sucli cxaminatiuti will, however, I conceive Ik: better made by a reference to the original depositions, the whole of which liuve been arranged under the respective heads to which they principally relate, and are generally referred to by number in the Statement, than from any analysis I could prepare. One advantage of my minute examination of the evidence, during the period tn which the Statement extends, is that (joined tu the general review 1 have necessarily taken of the subsequent events) I thereby feel confident, that in stating, agreeable to your Excellency's orders, " Uie general result " of n)y inquiries into the occurrences in the Indian territories," I shall at least com- municate the substance of attentive and uwbiassed reHexiuua npon the occurrences during that period, when the original plans of the parties were formed and began to (levelupc themselves ; fur after the atl'air of the 1 9th June, and tlie seizure of Fort William consequent thereon, the one party appears to have acted on the assumption, in a great measure perhaps sincere, tiiat their opponents were to be considered as> rebels and enemies to Government, as well as to themselves ; and the other party, on a like assumption, that their adversaries had adopted the principles of military plun- derers, and were to be resisted as such ; accordingly, neither appear to pretend that during this latter period, their proceedini^s are confonnable to the dictates of law in ordinary cases, but endeavour to justify ur excuse them by the peculiar circumstances ill which they were placed ; and this mucli at least, it ap|)ears to me, nmst be allowed, tliat after these events, they rcs|)ectively acted so fur uiulei the impulse of irritnteil feelings, that ijrcat allowances arc to be made for tlieir proceedings.
Having, under all these considerations, at length finally and deliberately made up niy opinions, 1 think it right to lose no time in communicatin<; them to your Excellency, witli that sincerity and unreserve which I feel to be my duty ; in doing so, lioH^ver, i beg your I'.xcellency will believe, that I do not feel the less sensible of the ]irobability of niutcriul errors in the judgments I may have formed. I have already had the honour of stating to your Excellency, verbally, my own general opinion, that material faults had l)cen committed by both parties on the Indian territories ; this opi- nion has since been so far confirmed, that I now feel little doubt that both will ultimately' be found entirely at the mercy of (Jovernment. It appears to me to be established by testimony, which leaves no moral doubt of the fact, as well as that legal evidence thereof may be procured in England, that the Earl of Selkirk had acquired in his own name, or those of himself and immediate family connexions, so large a proportion of the Hudson's Bay company's stock (the whole of which is only about ^. 150,000,) that he would command a positive majority of votes at the company's ptblic proceedings ; that he gradually modelled the committee, by which its ordinary affairs are conducted much according to his private views and interests ; and that, in consequence of thes« circumstances principally he obtained in 1811, a grant of the large tract of country in the neighbourhood of Red River, which has since been denominated Assiniboino, and over which Mr. M'Donnell, whom the Earl hnd selected as his agent, for tlii^ purpose of establishing an agricultural sLttlcment, was ap|)ointed Governor by tliu Hudson's Bay company, who still nominally retained in tlieir hands the jurisdiction ot' the country ; this appointment, however, appears neither to have been submitted for the approbution of the Crown, us ic(|uired by the statute 7 and 8 William III, chap. 22, nor did the gentleman so appuintid ever take the necessary oaths of office. About the same time, it ap|>ears also, that plans for the more active pursuit of lh(f company '?> tmdc, u more vigorous opposition to the encroachments of the North- West company, and u gradual enforcement of the rights of their charter, were adopted by their new committeo, and some measures even of considerable violence are shown to have been directed by the Eurl himself as early as i Si 2, in a letter to one of the company's principal ofliccrs.
As however the charter of the company was more accurately examined, it was fuuiiil prudent tu confine their pretentions to the rights of territory and jurisdiction, which, could they be completely enforced, might ati'urd the means of ensuring th« monopoly of the company, as ctlicucionsly as the more direct provisions of the charter fur that purpose. To enter into a detail of the |)roceedings adopted to give etl'oct to their rights, would bu to rcprnt the substance of the statement ; I shall tliereruni confine myself to u few leading facts. In the measure of embargo, Miles M">onneU appears to Imve received the support of Mr. William Auld, then a Governor, and of most of the principal servants of the Hudson's Iky company, who wcro in the nrigh-
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bourhood of the Red River ; he states indeed, that it was on a suggestion of Governor Auld's lie iirat adopted the measufe ; there appears no evidence to show, that it was cither ordered or subsequently approved by the Earl of ^eil(irk or the Hudson's Bay company ; the reverse indeed might be rattier inferred, altiiough there has been no public disavowal of the measure, and Miles M'Donnell was again confirmed in hi>i situation as Governor, at the public meeting of the company held in May 181,';, fur the purpose of adopting measures to give effect to their rights of jurisdiction. OUier measures in support of their territorial rights were already in a course ot operation, notices having been given in October 1814, to the persons in charge of the dilferent North-West posts in the district of Assiniboine, to quit the same within six months, a measure which, adopted by one Governor of tiie Hudson's l)..y company (McDonnell,) carried into practicul execution by a confidential agent of the company (Colin Robertson,) and unproved and su|)ported by their Governor General (Mr. Semple,) certainly carries witli it n ^strong presumption of its being conformable to the com- pany's orders. Of tlic approval, if not the previous direction of the measure by the Earl of Selkirk, there is direct evidence in his Lordship's letter of 30th March 1816, to Culin Robertson, wherein he mentions, there can be no doubt the North-West company must be obliged to quit all their intrusive possessions upon his lands, and particularly the post at tiic Forks ; a furllier, though indirect proof to the same effect, is afforded by a similar proceeding being adopted as the basis of captain D'Orson- iicn's measures for getting possession of the North-West post at Lac la Pluie, when HOt forward by tlie Karl of Selkirk, at the head of a |)arty of that anomalous force iif men disbanded from the Mcuron regiment, who were engaged by the Earl in his own name, and that of the Piudsons Hay company, to act as niilitia-men in case of attack by any enemy whatsoever, and with the promise of the same provision in case of being wounded as if in tiie King's service, and tliis in a place where no militia laws existed, and where there was no probability of contest except with their fellow- .-<ul>iects, whom it appears to have been determined forcibly to expel from n country >' hich they, or their immediate connections and predecessors, had occupied for nearly iialf a century, and tlie French traders to whom they succeeded, for a period beyond tlic memory of man, probably not much short of a century. In favour of their rights of territory and Jurisdiction, the Hudson's Bay company have certainly obtained legal opinions of the bighetit character ; hut the case stated to the gcntletnen w ho gave these opinions tiiey have not published ; and from the general tenor of the pro- ceedings, it is Veasonable to infer, that it did not explain the very important circum- stance of the long previous occupation ot tlie country by otiiers; and that in practically cnlbrciiig their '.erritorial rights, it was intended by the exercise of those of jurisdiction, the persons to decide as judges must necessarily be tho^e standing at tiie same time in the situation of parties interested ; a result so contrary to all prmciples either of law or equity, that one cannot but suppose the very respectable persons ivim gave the legal opinions in question, had they been aware thereof, would have pointed out sonte ditierent course of proceeding, or if it has been urged by the legal agents of the Earl of Selkirk at Montreal, none other existed in the ordinary couri'i; of law, that tliey would have suggested the duty in such extreme case cf a resort to the Legislature. Under whatever circumstances tiie legal opinions have however been given, they will be found by no means to justify the course that has subsequently ficen puisued ; they state, indeed, that the grant of civil and criminal jurisdiction is • valid, and is to be exercised hy the governor and council as judges, who are to pro- ceed according to the la»vs of F.ngland ; and that the sherifl' appointed by the company, in case of resistmice to his authority, may cull out the population to his assistance, and may put arms into the hands of their servants for defence against attack, and to assist in enforcing the judgments of the court ; but they fmther add, such powers can- not be exerci^d with too much circumspection. Of this opinion, no part can surely be contended to authorize the seizing by force any posts occupied by other persons, merely on the notice of six months given by Miles M'Donnell, which it will be ^ observed he gave only as agent for the Earl of Selkirk, without any one of those formalities required by law for the proper trial and judgment of the matter, and which ought necessarily to have included a due |)rovision for appeal to England, •(the right of which has never been denied,) and this whether such seizure was to be attempted with or without a warrant, the latter of which, to be issued by the Governor, the Earl of Selkirk appears in his letter to Robertson, to consider as necessary to render the measure legal ; whereas Governor Semple states, that the treatment of the notice with contempt, alone legalized the application of force. That persons of the talents and information of the Earl of Selkirk, and gentlemen in quest'ioii, could be
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so far misled as seriously to entertain the opinion, that any summary appeal to forec*, of the nature contemplated by tliem, could really be consistent with law, it is diflicult to conceive. Admitting such, however, as the more candid opinions, it will I apprc licnd alter but little Uie moral reaponsibilUy of tlie parties ; for the adoption of measures of agression likely to endanger Ihn peace of the country, on such crude and unfounded ideas, shows so blameable a disregard of consequences, as would under ignorance of the law, less than in almost any other case, a valid excuse. On the whole, the impression on my mind is, that the circumstances I hove mentioned, (and which will as I appreliend be found further supported by the details in the statement,) when taken in conjunction with the long period during which the Hudson's lltiy company had allotved its claims to lay dormant, and neglected the establishment of any jurisdiction, (which neglect principally gave rise to the Act of tlie 43 Geo. Ill, ch. 138, and has evidently been tne cause of the disorders which have so long pre- vailed in the Indian territories,) form altogether a case nonuser and misuser, which I am disposed to think leaves their charter entirely at the mercy of Government, whetlier the question be brought before the ordinary courts of law or before Par- liament. I am not certain, indeed, that the mere circumstance of having allowed so complete a control to be obtained over the company by an individual, is not alone 3uch a misuser as to invalidate. their charter. On these legal points I must, however, lieg it to lie fully understood by your Excellency, that I speak with extreme dilfidence, i\l'.ltough of tlie moral case for Parliament, I can scarcely feel any hesitation ; at the dame time that tlie importance of the question, the pertinacity of the parties, and tlie ditiiculty of bringing tlie matter fairly to an issue in the ordinary courts of law, secui to render an appeal to the supreme authority almost inevitable.
Wliilst such appears to me ';o be the case, established by the evidence against the Hudson's Bay company, that against the North-West company is still more strong and clear ; as their violations of law have evidently been much greater, and attended with results shocking to the feelings of humanity ; at the same time that they have no pre- texts of legal riglrts, by which they may have been misled, nor any claims upon Govern- ment, for more than tlie ordinary protection of \ttw ; any pretension they might have made, as a body, for the enterprize and vigour with which they pursued and extended a trade, beneficial to tliemselves and the empire, being completely destroyed by the viceit inherent to the system on which they conducted their at&irs, and which have duriuL; the late disturbances been brought forward in so conspicuous a light, and produceil - events so fatal, as to appear imperatively to call for the interference of Government. The foundation of the whole evil, is probably to be 'traced to that violent spirit, which is nurtured by the species of monopoly that the North-West company has established, and continues to maintain, in the Indian territories ; sull more by phy- sical force than by any fair advantage, derived from capital or connection ; the varioas illegal measures adopted to crush minor adventurers who have attempted to oppose this monopoly, are recorded in the courts of Montreal, and are of public notoriety, whilst tlie pernicious ejects produced on the character of individuals, employed to maintain the same, have been exhibited in strong colours, by the late events.
By the arrangements of the North-West company, a strong stimulus is held out to the junior members of this association, in the considerable share of profits reserved to reward their successful exertions in the service of the company ; this, whilst it has produced those results, which are so creditable to their character as a trading body, has at the same time given rise to an " esprit de corps," little attentive to tho rights and claims of others, and accustomed to consider an exclusive devotion to the interests and honour of the company, as a primary duty, dignified in some of their intercepted letters, by the appellation of " loyalty to tlie concern ;' to this feeling is added a spirit much more disposed to inflict, than submit to acts of injury and intuit, formed originally perhaps by the local circumstances of the parties, far re- moved from tlie protection and control of civilized society, and where every niaa must to a certain degree, feel his life to be in his own keeping, and to be best se- cured by a constant and open preparation for self-defence. These circumstances tending naturally to produce habits of overbearing violence, left unchecked by any salutary regulations, or rather indeed encouraged, ns far as they tended to promote the interests of the association, have at length formed the general character of its members, as exhibited in the evidence before me, in their violent and oppressive conduct towards the natives of the country, frequently to their own servants, and still more so to their opponents in trade. To this lust point my inquiries have of
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lao PAPERS RELATING TO THE
course been chiefly directed, as being one of tlic itnmediato objects of my mission ; and it appears to me, that a sliort review of tiie conduct of both parties, will bo sufficient to show, that althou<>h the Hudson's Uuy company may have been the first aggressors, the retaliatory measures of the North-West company have so much exceeded all lawful or reasonable bounds uf self-defence, and t)cen carried to such violent extremes, as to render the proceedings of their party, beyond comparison, the most criminal. I have not under my general understanding uf your Excellency's orders, deemed it consistent therewith, to carry my investigations in detail, further back than tiie period when tlic Earl of Selkirk acquired a predominant influence over the management of the Hudson's Bay company's afl'airs; occurrences of an farlier period havo iiowever occasionally come before mo, both incidentally, and as illustrative uf the general situation and cliaracter of the parties, when the recent disputes began, in which latter view alone it has been my wish to take cognizance of them. During this period, the North- VVest company have scarcely attempted any thiiig further than to show the actual disposition existing, and the measures taken on their part, to bring the question of tiic Hudson's Bay company's rights to a legal «iecision ; to this extent, they appear however to have succeeded. On the part of the Hudson's Hay company, on the contrary, many complaints have been made of ucts of aggression and violence by their opponents ; and although not having thought it right to go into the general investigation of the occurrences of this period, it would be incorrect in me to dwell upon particular circumstances, or to express any thing like a decisive opinion ; yet it may not be inipro|)cr to slate my general impression, from all that has come before me, and the res|)ective characters at this time of the principal servants and agents of the two companies, tliat there may very |>robably be some grounds for the cumpluints made, and thut the irritation produced thereby, may have partly led to tlie intrmiuclion of the new system which appears to have been adopted by the Hudson's Buy company, about the period from whicli my inquiry regularly coiumences.
Becinning however from this period, it appears to me that there can be ik> doubt the Hudson's Bay company's servants must be considered as the first aggressors ; the fact indeed, although a good deal of contradictory evidence had previously been collected, appears to be finally admitted in my corres|)ondence at Montreal with the " legal agents of the Earl of Selkirk," who attempt only to justify it, as a necessary and legal com-se of proceeding on behalf of their principals ; whilst the retaliatory measures of tiic North-West company, are described by them, as the first acts of illegal violence. Of my correspondence with these gentlemen, as also with the agents of the North-West company, I have the honour to transmit your Excellency copies ; from these it will appear, that it was my wish to have received from each' party, " a statement of tt»eir complaints against the other, together with such ex- " planations of their own proceedings, as they might feel warranted to give ;" this arrangement, had it been fully complied with, would have relieved me from much responsibility and labour, by leaving to each party the selection of these facta from the immeose mass of tastiuiony before me, which they thought moat material to establish their respective cases ; and even imperfectly as the object has been accom-' plished, the general statement of the views and pretensions of the parties, now that Mu nmch evidence is collected, toeether with the various admissions contained in their. cuminunications, appear to render tliem documents of considerable imiwrtanoc i|i ti.nning a correct judgment on the general merits uf the question.
Froin this correspondence, your Excellency will perceive, that exclusive of indi- vidual oftl-ncer on each side, the North-West company impute to the Karl of Selkirk a criminal conspiracy, in the view of forcibly and illegally driving tliem out from the Indian territories; whilst it is well known, that a similar charge of con- spiracy, " for the purpose of destroying the Uod River colony," is the principal ull'ence which his Lordship now attaches to the North-West company, as a body, 'i'he substance of most of the principal facts that have been established before me, in evidence against the Earl, has already been stated, in 8|)eaking of his |>roceedings III connection with the governors and other agents of the Hudson's Bay company ; but altbougl) tliese may involve great moral responsibility, and as it appears to mc, make out a case seriously affecting the chartered rights of the cocnpany, yet I do not see buw tliey can be deemed sumcient, even with tN; addition of the very illegal and unjustifiable proceedings of the Earl at Fort William, to support a criminal clmrge of so serioui a nature as conspiracy. With regard to the partners of the North-West company ai$o, I tui doubtful how fur such a ch&rge, if at all made
out,
RED RIVIill SETTLEMENT. m,
out, can ap|>ly to any number of thcni, as it api^ars to nie, they will be found in l^enerul to Imvc acted under a sense of injury and insult, (a submission tu which might often be inconsistent, in tiu; Indian territories with personal safety,) and under .sonic pretext of self defence, although pu.shcd by their habitual system of violence, far beyond all grounds of luw or reason. From the evidence before me, it appears certainly, that a very ijrcat jealousy was expressed against the colony from its first establishment, especially by the partners in I^ndon ; of this the most s(rikhig evi- tlcnce is aflordcd by a letter of Mr. Simon M'Gillivray, dated London, 9th Apiul 1812, to the " ititermg partners of the North- West company, in which, speaking of the Earl of Selkirk's plans of colonization, he says, " it will require some time, and " I icar caufo much expense to us as well as to himself, before he is driven to abandon " the project, and yet he must be driven to abandon it, for his success would strike " at the very existence of our trade ;" but these feelings do not appear to have ^ivcn rise to any violent or illegal proceedings, till after the forcible seizure of the provisions on the Red River, by Miles M* Donnell. On the occurrence of this event, however, alarming as it might be to the North-Wcst company, from tlie state of the wm; and at the same lime as indicative of a future intention to give practical effect by force, to the exclusive rights of territory, which had been publicly claimed from the first settlement of the colony, measuies of retaliation were adopted far beyond what it appears to mc the case could be supposed to justify ; for independent of the warrants issued against Miles M' Donnell and other officers of the colony, and the offer of free passages to Canada, to any of the settlers or servants, who chose to quit the place, measures wjjich are avowed by the North-West company, thpre can scarcely be a doubt, that if actual orders were not given at the general meeting of the partners at Fort William, the Summer in question, for the entire ex^julsion of the colony, (of which there is certainly no proof,) that such senti- ments of hostility and desire of revenge, for the injuries and insults supposed to have been inflicted, Mere loudly expressed, as to satisfy all the junior members of the as.sociatioii, that tiie complete breaking up of the colony would be a measure most acceptable to their su|)Ci'iors, and to the company at large ; and that tlie means adopted to accomplish the same, would not be very scrupulously examined.
With respect to the charges against the North-West company, of having adopted at this meeting measures for the destruction of the colony, by means of the Indians. 110 pi"oof has been produced of any combined plan, to which the agents or leading partners had given their sanction, and but slight and second-hand evidence, even that any measures of the kind had been discussed amongst individuals; to men indeed of the characters, and actuated by the motives which have been already mentioned, a more direct appeal than that which I have stated, was probably unnecessary. On the return of the partners and servants of the North West company, in the Autumn, from Fort William to the neighbourhood of Red Uiver, they induced the natives befsre mentioned, to quit their difierent posts, which of course added to the irritation already existing on their minds, and connrmed any hostile views they might previou.sly have entertained ; these notices, it appears evident from their intercepted letters, they apprehended would be practically acteil upon, and from the sonic source, it is indisputably established, that in the course of the ensuing winter, most, if not all, the partners of the company, with many of their inferior partizans in the neighbourhood of lied River, had become parties to plans for driving otV tlie colonists, and for employing the aid of tlie Indians for that purpo.se, altliough resolved however, to hazard this measure with all its consequent dangers, it appears to have been done rotlier with a view of alarming the settlers, and thereby inducing tliem to leave tiio country, than for the purpose of direct attacks, with any design of llicir general destruction ; such at least seems to mc the fair inference to be dra\Mi from the fol- lowing expressions in the intercepted letters tiled by their opponents ; the one by James Grant, at that time a clerk, now a partner of the North-West company, written from Fomldu Lac, the 15th April 1815, to Duncan Cameron, the principal piutner of that company at Red River, in which he says, " You will, as you have liiilicrto " done, anticipate his most violent measurers, and put a linal end to his republican " colony, w ithout the disagreeable one of shedding blood ; this at least is my .sinceio " wish towards you ;" and another, from Duncan Cameron to the said Cuant, dated March 1 8 i(i, wherein after speaking in violent terms of the proceedings of Robertson and his party towards himself, he adds, " I v\iah that some of your Piilems, (a band of " Indians so named, who are full of mischief and plunder) would come and pay a " hostile visit to these sons of gunpowder and riot ; tliey might make a very good booty " if they u ent cunningly to work ; not that I would wish them to butcher any one ; God 584. I i " forbid."
x
I3i PAPEnsil ELATING TO THE
forbid." Persons who could, however, mnke up their minds to the employment of Indians in any shape, agtimst their (t-llow subjects, wt:- not to \ie expected to hcsitnto about that of the less saviige force of half-breeds ; of this class of persons, some few who have received their education in Canada, and are employed by the North-M'est company, us clerks, are nearly as much civilized as the traders tiieuiselvcs, a few others on the contrary, are scarcely re(noved from the savage state, and the greitcr bulk till the various gradations between these two; the connection between tliis class of people and the North- West company, (from the former partners, clerks or servants, of which company, thosenow on Red River arc chieHy descended,) is naturally very intimate, and is further kept up by the number of them whom the company con- stantly employ as clerks, exclusive of frequently eng»!>ing the remainder as hunters tind canoe-men. These men, who form for their number, a formidable force, being habituated to all the arts of Indian warfare, and at the same time possessed of a con- siderable portion of tlie energy ot' the whites. Miles M'DonncIl had most injudiciously oA'ended, by some restrictions on what they conceived their natural rights, about the same time that he commenced his system of aggression on the Nortii-W^st Company.
By the partizans of this latter company, the ill-will thus excited was sedulously kept alive ; their proceedings in this and other respects, during the Winter and fol- lowing Spring, in the course whereof considerable violence was exhibited on both sidfs, although beyond comparison the greater on behalf of the North- West company, Will be found fully detailed in my statement. The result was, that after inducing mOre than three-fourths of the settlers and servants to abandon tite colony, and accept thi fir Offl'i-s of a passage to Canada, and arresting and taking down Miles M'Donnell, a id Spencer, the sheriff, as prisoners, the North- West company were enabled by secre ly instigatiiiij tiic half-breeds, to succeed in driving away the remaining settlers ; and )y the burning of their houses, to destroy nearly every vestige of the colony, withqut themselves taking an open part in the more violent proceedings. At the meeting at Fort William, the ensuing Summer, when Mr. Simon M'Gillivray appears to have Replaced his brother, as principal agent of the company, the parties from Red Rifer Mere all received with unqualified approbation ; to the half-breeds, in particu^r, praises and rewards were given, consisting (exclusive of a public feast) of a suit of clothes each, and presents of arms to u few of the leaders ; and evidence has been produced, that they were at the same time told by Mr. Simon M'Gillivray, thattpey had done well in defending their lands; and thutif the colonists attempted to retgni, they should drive them away again, and should be supported by the North- West company. Ii appears, however, from an intercepted letter of Alexander M'Donnell, a |)artner of the North-West company, who has taken a leading part in all the tnost violent proceedings at Red River, the immediate attempt of the settlers to return, ivas by no nieatis foreseen ; this event, notwithstanding, took place early the same Autumn, under the direction of Mr. Colin Robertson, who was joined siJon at\er by Governor Semple. For the numerous and mutual vidlcncesof the ensuing Winter and S|)ring, I must again refer to the Statement, observing, that in the seizure of Duncan Cameron's person and post at the forks of Red River, and the |)ertinacious retention of this lattt .he Hudson's Bay company's party, so far exceeded any legitimate measures of defence, that they must 1 think be considered as aggressors, in most of the occurrences previous to the 19th June; although at the same lime there can be no doubt that the haU-brccds, acting ot the instigation of the North- West company, (by wli .11 iliey were collected, and furnished with supplies of food and ammunition,) had early in the year resolveil on again attempting to drive off the colonists. On the lyth June, when the unfortunate affray took place in which Governor Semple lost his lite, the twt) parties seem to have met accidentally, and with arms in their hands, and mutually irritated feelings; that the action took piuce without previous design on either side; the first shot appears, next to a certainty, to have been fired by the Hud- son's Bay company's party, at '.he moment that Governor Semple, enraged by the insolent address of BoucInT, (the messenger sent forward by tl)e half-breeds,) htternpte«l to snatch away his gun; the savage massacre of the wounded, and the inhuman plundering and butchering of the dead bodies after the action, appears therefore to form the most aggravatecl part of the procce<ling. This, Grant, their leader, states, he endeavoured in vain to prevent; and the total absence of any accu- sati(m against him on this score, and the numerous testimonies to his general humanity, leave little doubt of the truth of tliis assertion ; if admitted, however, it furnishes only an additional proof of the ferocity of a part of the bo<iy, and sho%v3 in tfic stronger pomt of view, the dangerous course adopted by the North- West
coinpauy.
RED niVER SETTLEMENT.
193
company, in employing so ungovernable and almost savage a force. Tliis indeed forms tlie great offence of the compatiy as a body, and lias, together with the mclan- clioly consequences which tiave followed therefrom, naturally and justly excited u strong public feeling against them ; it is true, that few comparatively of the partners of the company appear to have actually taken part in the assembling of the half- breeds this year, but a similar measure had been universally approved the preceding one, and a lurge number of the partners who arrived at Red niver shortly after the ipth June, with the mixed views of liberating Duncan Cameron, retaking their own post, and revenging these and the other violences they attributed to their opponents, appear to have given an unqualified approbation to all the proceedings of the half- breeds, and many of them to have expressed their triumph and joy on viewing the scene of action ; if one witness who speaks to this particular fact (my doubts respect- ing whose testimony will be found fully explained in my statement) could be fully credited, in terms and with circumstances of ferocity scarcely human ; at uU events, it is clearly established, tliat about forty suits of clothes which Mr. Archibald Norman \i'[.eod, the principal agent of the company, then present, had brought up, were distributed amongst the half-breeds, including those present on the 19th June, as tt recompencc for their services to tiie company, and that further rewards of the same kind were found prepared at Fort William, on the Earl of Selkirk's taking possession of that post, for such as had not received them in tlie first instance. It is on these proceedings at Red River, that Archibald Norman M'Leod and so many other of the partners of the North-West company, are indicted as accessaries to the murder of Governor Semple ; and it is chiefly for the approval of the proceedings of the half- breeds, implied by further rewards prepared at Fort William, at a period when Air. William M'Uillivray was residing there as principal agent, that the same charge is expected to be made out against him.
With regard to the inferior agents in the disturbances, great allowances are to be made ; the agreement with all the settlers who came out from Europe was substan- tially, that they were to be furnished with lands, food, and all that was necessary to establish themselves as farmers ; the whole, if required, on credit, till thsy could repay the same from the pro<luce of their farms ; instead of these promises being fulfilled on their arrival at Red River, they found their means of subsistence scanty and uncertain, (for this fact is admitted in the justification of Miles M'Donnell's embargo,) niid that instead of sitting down as peaceable farmers, they must necessarily take arms on the one side or the other, if they remained in the country ; under such cir- cumstances, the conduct of those who quietly left the settlement, appears to me entirely justifiable, as in coming to Canada* they did not conceal themselves from any just demand the Earl of Selkirk might have against them ; nor can I consider those who merely assisted in tlie seizure of the cannon, for the evident purpose of preventing their being used against themselves, when attempting to leave the country, as guilty «f any material offence, either moral or legal. Of the different cases of these few individuals, amongst the settlers, who took a more active share in the disturbances of the year, it is impossible for me to speak in detail ; but even with respect to George Campbell, the person against whom there are the most numerous charges, and who from the considerable pecuniary reward he received from the North-West company, is naturally liable to much suspicion, it seems nearly certain, from the intercepted journal of Peter Fidler, one of the principal factors of the Hudson's Bay company, that of the two cases of maliciously shooting for which he stands indicted, the Hud- son's Bay company's party were clearly the assailants, in the first instance ; whilst on the second, I believe no direct evidence is given of Campbell's having ever fired, and the probability appears to be that he did not ; with respect also to the most serious charge against him, that of arson, in assisting to burn the colonial houses on the 28th June 181,'), the same journal, supported by other evidence, shows that a formal con- vention hiid previously been drawn up between the leaders of the half-breeds and the principal agents of the Hudson's Bay company then present, by which it was agreed, that all the settlers were to retire immediotely from the Red River, and no appear ance of a colony to remain, and even that the trading servants of the Hudson's Bay company should not occupy any of the buildings of tiie colony; this convention, however irregular and illegal it may be, yet having the appearance of being boni fide entered into between the parties, must, I should think, be held to make a material difference in the moral, and probably even in the legal nature of the ofi'ence, as the right of property in the buildings had, to a certain extent, been ostensibly abandoned ; it is true, that the half-breeds subsequently, on living notice to the Hudson's Bay servants, of their intention to burn the other building, voluntarily agreed to leave
.584.
tlieoa
^
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pp
ii4
PAPERS RELATING TO THE
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'-f
Nv.
tn!
them one house for the purpose of trade, and this promise they had reason to )>ehevo they intended to fultii, ond that the ho:ise in question was bur>ed by Occident.
The observotions relative to this inst occurrrnrc, apply equally or perhaps more stronjily to the half-breeds, in res|)ect to the greater part uf HJiom there are nisu many other circumstances of extenuation ; they evidently acted in the first instance under n mistaken sense of right, and an impression that the settlers \«ere invaders of the natural rights of themselves ond the North- West company ; their claim to the soil, jointly \viih the Indians (in favour of which the evidence lictore me shows that plau- sible grounds might be assigned,) was evidently strongly im|)res8ed on them by tFio partners of the North-West company, to whose opinions they naturally looked up, nnd during the contest, many circumstances of mutual irritation had occurred ; yet their final plan of attack appears to have Ijeen confined to the expulsion of the colonists, nithout further violence than might be unavoidable in the accomplishment of that object; the atTray of the 19th of June, melancholy as it was in its result, seems clearly to have been unprcmccjitiited, and it appears that but few individuals amongst the half-breeds partook of the massacre that succeeded it. Of the sincerity of the half-breeds in the opinions they profess to have acted upon, strong presumptive proof is afforded by the openness with which they gent rally avowed their intentions, by their address to Ciovernmcnt, (which there can be little doubt was sent, although probably in one way or otiicr suppressed by the North-VVest company,) and in the final voluntary submission of its principal leaders to public authority.
f^kiKtx this long detail of the final impressions remaining upon my mind, on the coole:it and most deliberate consideration of the evidence before me, I deem it right to state, that I now feel more strongly convinced than ever, of the general correct-
,\^ ncss of the o|)inion, wliich I had the honour of submitiiiig to your Excellency OD
y ^«niy return from the Indian country, as the result of my inquiry, as far as it had then
V - ' gone; namely, " that die moral character of most of the ufiences, was, that of each
.'. -^ " party instead of appealing to tiie laws of their country, endeavouring to enforce
V " the rights to whicli they conceived tiiemselvcs entitled, or to redress their sup- " posed injtnics by force ;' nor can I help thniking, that this high public misde- meanor, should he at all times kept in view ; ami as it has been the priniary cause uf all the evils that have occurred, to the re|ircssing thereof ought to l>c made the «^'*' principal object even of legal proceedings, as /ar as may be consistent \\'\\\\ the
^^ 4)unisiunent uf the mure atrocious crimes which have hrcn cnmmitted. It ^^as in con-
lonnity to these views that I commenced tiie negociation lictwt'cn the contending parlies at Montreal, whereof I have already had tlie honour of communicating to your Excellency the principal details, as well as the tdtunate failure; and of wiiich the first ulijcct was to induce the parties to subniit their respective complaints to tiio consideration of Govenuntnt, in order lli.it the Crown otlicers might select such <;a8es as they should think necessary for the purpose of example, w iihout the partits jequiring the prosecution of each complaint. Unsuccessful in this measure, and iiuding that the Attorney (icncral on his arrival at Montreal, took quite a ditfcrent view of llie subject, appearing to deem it his duty to prosecute each offence, in conformity to the complaints and \\ ith tlie assistance of the legal advisers of the respec- tive |)artics, I naturally felt doubtl'ul of the correctness of my previous opinion ; u sentiment which was further increased by the bold and plausible statements made by the advocates of each side; by the able but highly-coloured publications of each party ; and still more by the efiects produced thereby on the public opinion ; circum- stances w hicli appeared, as I tliought, to rail upon me for the most careful review of the grounds of my opinions, and which makes me still feel some hesitation in stating them with that confidence uhich my deep im|)ressions of tiieir justice and the important practical results tu be derived therefrom, would otherwise lead me to do.
In stating, however, without reserve my sentiments to your Excellency on tliis very embarrassing suhjtct, I feel coiilidciit tiiey will he received w ith the most coiidid allow- ances ; and reviewed by that superior judgment wliicli will prevent them at least from leading to any iniurious coi)se({ueuces ; w hil.st should they on mature consideration be tliougiit to present u secure luuis lor Guvernuient to proceed on, tlic further measures to be adopted will involve only questions uf policy, with a due attentitm to tlic national i'haracter, in providing for the future good government of the country, unembarrassed by legal difliculties, or any apprehension ot pidjjic expense; for as it appears by the (eat of experience, that the trade with the Indians caimot be well conducted, except Ji>y the grant of jirivileges equivaleut bu a nu)nopuly, over tracts of j^reater or less
extent.
RED RIVER SETTLEMENT.
•as
Incloture
(•»)
in Sir J. C. Sber-
extent, there could be no objoctioii to requiring from the grantees such yearly remuneration as would more tlian puy for any exneiiMCS to which Government could be exposed, by taking into its own liunds the civil government of the country, and the protection of its inhabitant.^, especially aH such remuneration would by no means form a burden on the trade ; the diminished number of servants neccHsary to be employed, and other economical anungcments, which their increased security would enable the traders to make, being mure than sufficient to counterbalance any reason- able rent with which they might be charged.
It appears to me unnecessary, and perhaps would even be improper, to trouble your Excellency with any further details on this point ; but there are several local circumstances of secondary, altliough considerable importance, suggested by my personal visit to the Indian country, which I shall think it right to make the subject of a separate and early communication to your Excellency. ^ ■ . ,
I have tlic honour to be, &c. &c. &c. His Excellency Lieut. General (Signed) fV. B. Coltman.
Sir John Coape Sherbrooke, G.C. D.
&c. &c. &c. ' • • ,' .. -'>.■' ■'
sir, " " :• ■ ' ■' Montreal, 1 2th March 1818.
The transactions at Fort William, in the Summer of the year 1R14, as con- nected w itii the uft'airs of the Red River, Iwve been made the ground of most serious b"ooI(g', of ,gii, charges, brought forward by the Earl of Selkirk against the North- West company. May is'is.
Ahhoiigli the various authentic documents already in your possession, might serve to throw suil'icient li,i;ht uii all the events that have occurred, pending the existing contest ; yet having been at our place of general rendezvous from the beginning of July until about tlie loth of August of that year, I shall endeavour to lay before you a circumstantial account of these transactions ; and to the facts which I shall have occasion to state in detailing the different circumstances, I pledge my veracity.
In January 1814, Captain Miles M'Donnell, styling himself governor of Assi- nihoine, issued a |)roclamation, proliibiting the exportation of every species of pro- visions from the Red River, thus at once depriving the North- West company of the means of getting out their furs from the northern department the Spring ensuing, as all the canoes from the northward of Lake Winnipic depend entirely on the provisions annually collected at the posts of the Red River, for supplies from* Lake Winnipic to Fort William.
This he well knew, and it was also known throughout the interior country, if not previous to his issuing the proclamation, very soon after that period, that the British fleet on Lake Erie had been destroyed by the enemy, who thereby being in complete
fossession of the lakes, and cutting off the communication between Canada and the ndian country, left no means to the agents of the North- West company of forward- ing supplies, either from Upper or I..ower Canada, for the season of 1814. Such was the prospect of affairs in October 1813; and it being deemed of the utmost importance, that the partners of the North-West company stationed in tbe interior, should be apprized of these unfortunate circumstances, and their own dangerous situation, an express was dispatched from Montreal to Fort William, which place it reached the beginning of November, and was from thence immediately forwarded into the interior country.
During the Winter of 1813-14, captain M'Donnell acted up to the spirit of his proclamation, by sending his servants out to the plains in armed parties, seizing upon whatever they could hnd in the possession of the servants or hunters of the North- West company.
For one instance of pillage, that of Jean Bt. Desmarias and others, a bill of in- dictment has been found against those concerned in that transaction.
On the opening of the navigation in the Spring of 1814, an encampment with cannon was formed of the colonists and servants of the Hudson's Bay company, (who were regularly trained to arms,) a mile above the forks of Red River, and by this means the passage of the river conipletely stopped. The convoy of provisions belonging to the North-West company, coming down from river Qui Appelle, al)Out 500 bags of pemican had been stored at the post of Riviere a la Sourie for salety ;- here it was seized upon by Mr. John Spencer (acting as sheriff under. G'wen/pf M'Donuell,) with a party of armed men, whp cut down Uie packets of the fort, and
bH^ K k hioke
ia6
P A 1> E 11 S II R r, A T I N G TO T H I'
•;.ifi
broke open the doors <it" |Ih« Htorc-lionsc ii) uliicli tin- provi!»ion» were liMlf^il, linviiif;; previously »<•(/.( ij nit tH)i»» of p«'miciin, lliiu Imd iH-tii first sriit in u hoot (lo«vn lliu rrvCT towaril* IIm- Jork^ hikI iiiipriMim iI tlu" men wlio Imd dinr<>iM)l' tbf ImmjI, tor hiiving iiid tin- proviMons in tlw w(»o<l, in or.ltr it' possildc to siive ilieni.
lluviiiu; l>y tin .se viuUnt invaus ffj\ tliu whole of tlic provi.iionH collected in the Red River liy llie N'ortli-West emnpiiny into his liandb, the inn-diMiit (iovernor uu.t riial)l<Ml to ilicuite liii terms ; he accordingly ^cnerotiitly restored* 'joo \»\%n ol' the peniieiin to tlic ri^'ht owners, uii the rondition tluit ii like ipiuntity slionid Ik; ^iveu to liiin tlif enxitinfj year in lettnn. This liuiniliatinf; ai(re(tiieiit was iimdc nt the torks of Hfd Hiver in .\\mv 1S14. 'Hie purtnerx of the Nortli-Wtst eoni^viny who wrre present, imvini; their people in u ttntc of slarvution, had no other Hiternntive, than either to snlwcrihc to tlnse terms or procce*! to o|)en hostility, imd endcuvour to obtain restitution of the provisions by force of arms.
In the month of July followinj;, these procecdinj^s were re|ieuteil at Fort William, and the designs of (iovcninr M'Donnell and his principals appeared evidently to be, the destruction of the North- West company ; a set of peaceable emij^rants ami harmless colonists, ns they Imd been represented, had l)cen suddenly elmnjjcd into an uruied force, and mtidc subiiervient to the purposes of oppression and plunder.
While the North- West com|>imy vi«:wL>U this state of things with wrll-fotiiuled apprrlicnsions for the existence of titeir trade, an event occurred whicii rendered uii immcdiutc decision necessary. The enemy had reached St. Mary's (the only outlet from Lake Superior to C'anatlii,) and destroyed tlieir de|)6t and vessels at that place and at Luke Huron, with tlie only supply of provibions which they had attempted to get forward during that season.
Thus left entirely dependent on the resources which the interior country mi;;hL atlbrd. it bcoiuie absuUitelv necessary to deprive, if possible, the Ciovernor ut lied River of the means of x'mofi the dep6ts of provision which mi^ht be collected the ensuing \\ inter. It was will known, that the tyrannic and oppressive conduct ot captain M'Donnell, and the disappointment of many of the settlers in the golden hopes which had heeD held out to them, had civcn rise to a s|)irit of discontent which hnd induced many of them to express a wish of leaving the settlement altog( ther, and joining their friends in l^pper Canada; the means only were wanting; the North- N^'est company had not hitherto afl'orded them any facility in this respect; on the contrary, a single individual (of the name of ^\'ulsh) who had deserted from the Red River in the Sprin"; of iSi.l, and was picked up on the banks of Lake Winnipic, by the Crtiiocs of the North- West company, and brought to Fort William, had been sent buck to tlic sctticinent much against his will,
I'iuiling that tlic forbeiuance had been so much misplaced, and that tlic existence of iJte Dado, uud in a great measure the lives of the traders and servants of tlic North- We«t cou)|Hmy, depended on securing the provisions that might be in the Reil River, on whicli no depciKlenee could be placed wliilc Ooitiiioi- M'Donnell had the power of seiziog the dep6ts at pleasure, the partners of tlio Nortii-West company who were sent from I'ort \\ itliuin to winter at Red River, were authori/x:d to give a passage uud provisions, free of expense, to Upper Cana(l.>, to any of the settlers who might he disposed to avail tliemsclves of such a facility for leaving the country ; oud lurttier warrants for the arrest of Captain M'Donnci' and Mr. John Spencer, were issued by a iiiagibtrutc for the Indian territory at Fort William; lliat against Mr. John Spencer, was executed in the fall of 1814. The Governor only surrendered after much dilfi- culty the following Spring. Rills of indictment have been found in our Court of King's Dcnch, against both these individuals, for the acts of violence above stated.
These are truly, as far as my recollection serves me, the occurrences that took place at Fort William in tlic Summer of 1 814, as lliey rcgiird the Red River settlement.
If there was any criminality in offering a passage to the .settlers to Canada, or even in encouraging them to adopt such a measure, the provocation was great, and the necessity was forced on the North- West company, from the violent and unjust conduct of the leaders of that settlement. So far was the North- West company from
considering
'iWI;.
• Niite. — It wimld appear from n correspcmdenre between Captain M'Donnell and Mr. Duncaif Catniniti, tliat 175 tiags more Wfre delivered to some of our people anliiFquently. This is no! acknowltdgcd iii direct term!, by Mr. Cuuitroii, nur have 1 any ulher kuowlcdgi: of the fact.
RED R T V K R S E T T I. E M E N T.
127
coiMulerinu tlidt it arted illciiHlly, or that the coniliict udoptcd would (ni hns siiico IxHjti llic tiii«') ht' ttrriieti u anitpiract), tliut Ht the very time tliry wcrt; nsiiij; those iiu'Miis (if M-ciirily, they wen- iiuikiii<; a|)[)hciition to ( iovci niiiint, in order thiit through llic intnttrt iici' of lli» Miijt.stv's minisltr-i, th<' lliulson's Ituy conipuny ini^^hl i)c |iii'Viiilc'd upon to curry to England in their nhips, tin: uliolo ot° tiiu North -Wc^t roinpiiiiy'it returns during liio wur, mid hriiij;; out iVom Ei)i;huui some necessary supphes for their tmde, which would hiive thro\(n the whoh; ol tiieir property into the lunidi ot' tiieir rivals. Surely hud the North- West company heen conscious oniuvini» com- mitted tliciuselvcs, thry nrver wouUi have ulVerrd such a pledge to the Hudson's liny cuinpnny. I have tlic iionour to he with gieut tesptcl,
Sir, your mot-t oliedient servant, To the Hon. W. 11. Coltiuan, (Signed) IV. M'(iillivrai/,
Ac. &c. &c. Agent tor the N. W. company.
(irntkmcn,
Montreal, 27th December 1817.
Ineloiure
I iiuvc the honour to inform j'on, that 1 have received the positive orders of j,, sir J. c. Sher- his Excellency the (Joveriior in Chief, to prepare and make up with tlie least possible iirookt'a, of 16th delay, a general statement relative to the occurrences in the Indian country. *'"> '*'»•
Tor this purpose it appears to me necessary, that I should be furnished by each party with a general statement of the complaints they have to make against the other, tngctlu-r with such explanations of tiieir own proceedings as they may feel warranted to give. These statements might |)erlmps be afterwards iiiutuully communicated, and each party allowed to deliver their further remarks in writing.
It apftears to me also advisable, that I should proceed without delay to the examination of various individuals now in this province, including those under indictment, or otherwise accused. From persons so situated, I have hitherto as a general, refrained from takine any other than voluntary depositions ; but should now pro|)ose further to examine them with the assistance of'^Mr. Pykc, tlic legal gentlemen ot^ each side lieing allowed to attend when wished for by the party e.vamined. Amongst the |)rincipal objects of inquiry, respecting which I am in want of infor- mation, are the causes which prevented each party when conceiving themselves de- prived of their legal right, from appealing in the first instance to the laws of their country, as also those which first led to the actual employment of private force.
Various statements both in writing and otherwise have been occasionally made to me, which migiit materially bear on these and many other important points ; but of course, unless the same shall be ultimately laid bei'ore me, supported by the best evidence tiie nature of tlie case will admit otj they cannot form any part of, or influ- ence my report.
The acknowledged publications pf the authorized agents of the respective parties in London, under the titles of Statement respecting the Earl of Selkirk's Settlement, and Narrative of Occurrences in the Indian Countries, I shall where necessary to refer to tliem, consider as moral evidence, as far as tliey consist of admissions made by the rcsjiective parties ; but not as constituting any proof in favour of tiicmselves, or to the prejudice of the other party, unless sup])urted by further evidence.
Should the unexampled delays in the Earl of Selkirk's journey protract his return beyond tlic period when I auj ordered to make up my Report, it was understood by his Excellency the (Governor in Chief, that I should be allowed to make a furtlier supplemental^ Report, on any poini<i respecting which his Lordship might be enabled to produce additional infurnialion.
I have the honour to be, Gentlemen, your most obedient servant,
To the Agents . (Signed) JV. B. CoUman,
of the North-West Company.
Gentlemen, Montreal, lotli January 1818.
One of the principal objects of Mr. Pyke's visit to Montreal being to assist me in completing the inquiry respecting the lute unfortunate occurrences in the Indian country, and especially to decide in each case 011 the propriety of examining indi- viduals charged with offences, and to what extent their different depositions should be taken ; we have determined, from the necessity of tliat geutlemun's early return to Quebec, to devote the cusuing week exclusively to receiving the depositions of persons
.584. so
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Inclosurc (4.)
138
PAPERS RELATING TO THE
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so situated, and shall on Monday, Tuesday, and Wednesday next, be prepared to proceed to the examination of such as you may think material to establish any im- portant facts on your side. '
On this occasion I cannot refrain from pointing out to yon, that to my mind, those appear most material which might go in support of the general statements which have been so frequently made me, that the proceedir,yj on tiie part of your adherents liave been dictated by, and arisen from a principle of self-defence.
I have the honour to be, Gentlemen, your most obedient servant, To the Agents . ^Sl^ned) fV. B. CoUmait.
of the North- West Company.
Inclosure
(5) in Sir J. f. .sher- biiiuke's, of <6tli May iSiK.
IiirWure (fi.)
Sir,
i8th Feb. i8i8. receive from you,
Montreal, In a communication which we have liad the honour to some time since, a general statement, with explanations, has been desired of Uie com- plaints which the Earl of Selkirk and the Hudson's Bay company have to make against the North- West company. At the same time, as well as subsequently, and more particularly a wish for information, has been expressed in two leading questions, viz. " As to the causes which iiave hitherto rendered a reference to the laws of the " country, in support of the civil rights of the Earl of Selkirk and tl-.j Hudson's " Bay company, impracticable, and the grounds on which it is contended, that the " employment of an illegat private force originated with the North-west company."
The general statement above-mentioned, from the number, the extent and long continuance of the aggressions on the part of the North- West company, is a task of sueli length and labour, us our necessary attendance in the courts at present renders us unable to execute.
We have not had it in our power vo do more than to bestow some consideration upon the matters you have referred to as leading qucstio::;. Respecting these, we inclose some observations, which it is conceived will serve I ) place them in the only point of vie>v in which they can be legally and rationally contemplated.
We have the honour, &c. &c. &c. ■ " '• • ' •• (Signed) J.Stuart.
' ' •'* ■■ ' . . ■ '^'""' Oale, ]wn,
'■■•'■' jij_ O'SuUivan.
Observations respecting (lie employment of illegal Force by the North- West company, the causes which have rendered an Appeal to the Law for redress impracticable on the part of the Hudson's Bay company.
The Hudson's Bay company have at various times expressed their anxiety to bring their disputes with the North- West company to the test of legal decision; and this might probably have been accomplished, if their adversaries had been like themselves a chartered !>ody ; but the constitution of the North- West company atibrds such faci- lities for evading responsibility, that no method has hitherto occurred for bringing the merits of the case to a iiair hearing, l)efore any tribunal in Englarid.
In the year 1 8i 2. a case was laid before Mr. Scarlett, on the subject of a long train of violent aggressions, committed by the servants of the North-West company, by which the ilud&on's Bay traders, and particularly Mr. T. Fidler, had been driven first from Athabasca, and afterwards from Hlnglish river. Several witnesses had been sent home, and the company were prepared to prove the facts which are related in Mr. Fidler's journals.
These acts of violence were evidently intended to obstruct the fair trade of the Hudson's Ray company, and to prevent any competition in the trade of tliose dis- tricts, which the North-West company considered as most profitable.
They had been carried on in a systematic manner, under the immediate view of several different partners, who had been successively appointed to oppose the iraders of thf Hudson's Buy company. But however strong the moral probability that these acts had been done at the instigation of those whose interests they were calculated to serve, Mr. Scarlett wos of opinion, that the principals coi'i' i.ot be made res[ionsible, wiilioiit distinct legal evidence that they liad given orders on the subject, and from the secrecy M ith which the North-West company carry on their consultations and their rei^olutions, no hope could be entertained of trtkcing such evidence up to any persons in England. ' . '
The
RJ'D RIVKR SETTLmriiNT. ijr,
violrnccs rcspcctiDj^ uliicli Mr. Scni'loU whs consulted, svorc notIiiiij» peculiiir or I-. iSiial ; liundrctlc of .siinihir instaiici's miulit l)C stihslantiatcd. hut alwuys with tlic saiiie diflicidty ot tracing lliu iirdtttr hy stil'iicicnt Iruid evidence to any res|)onsible iiuiividuals. Tlic immediute uctoiv c i^eneraiiy of tlie lowest order of ttie Nortli- ^Vest company's servants, or at t' imost clerks, who are never to he foiuid within the jurisdiction of an l'!iii;lish <'()iirt of justice, and hIiosc jiroperly would at all events afford no compensation for the injuries tiu^y ar(^ made to commit. The partners, under whose orders these proceedings are carried on, are in }<cncrnl too cautious to give their orders in jiublic ; and though it he evident that their interiors would not act as they do without the approbation of their emjiloyers, the latter arc well aware of thedifliculty of detection, and hoUlly ditclaim nil knowlcdjZ'" of any improper pro- cecdin{;s. Kven wiiere u |)aitner is so (nigu:u'dcd as to commit himself, this docs not aflix any responsibility on the concern Mliiih s to profit by his ille<;al actions, and it is very seldom indeed that the personal r('sp(,nsiliility of the individual partner can be of any avail. Thus the association are tnal)led to w";ld the streni^th of thousands of men, and direct it to purposes of injury, rthilc there is hardly a possibility of affix- ing responsibility on any iniiividuals in responsible circumstf.uces.
It may deserve to be noticed, that the facts related in Mr. Fidler's journals, as far back as tiie year iSo',, independently of many other facts of tlie same nature and still older dates, are sufficient to show how fjro,<s a mi.sreprescntation it is to say, that the first acts of aggression, and the use of illegal force in the Indian countries, orijrinated with the officers of the colony at lied Hivcr.
In the instances which have been adverted to, the Hudson's Uay company had to complain of being debarred by illegal vicilence from the exercise of the common rights of Dr'tish subjects. A few years before tliey had occasion to consult counsel, as to the means of maintaining the privileges which are granted to tiicni in their charter. In this case also they »erc advised, that no feasible mode could be pointed out for bringing the subject under the cognizance of any tribunal of England.
in the year 1 80,'? the Norlh-West company had formed an establishment on the coast of Hudson's Bay, sending their supplies to it by sea. Upon this the director* of the Hudson's Uay company laid a case bel'ore Mr. Krskinc (since Lord Chancellor,) M;\ Gibbs (now Chief Justice of the^'ourtof Common Pleas,) and several other eminent counsel, who were all distinctly of opinion, that the charter conferred a good title to the soil, and that the adt of the Nortti-West company, in forming their establishment, came under the description of a trespass, " Quare c' -usum frc^it;" but that a tres- pass of this kind, committed in the colony, was ncit within the cognizance of any of the courts of common law at Westminster. The privy council, though it is the ultimate court of appeal in colonial cases, is not a court of original jurisdiction, exce|>t in respect of s(jmc questions which may arise between different colonies. That high tribunal would not have entertained a complaint against a private associa- tion of individuals like the North-Wcst company, and the question did not admit of being put into the shape of an appeal.
The only judicature of the territory where it arose, is that which the charter of the Hudson's liay couipany confers on tl)c goveinors and councils of their cstablisli- nients; and the \ortii-VV«.st company Imviiy^^ sufficient force to set then at defiauce, and to resist »!ie execution of their process, couki have no motives for ippealing from tlieir decisions.
This difficulty is not removed by the Act 43 Geo. Ill, c. 138, for the jurisdiction which it confers on die courts of Canada being limited to criminal cases, it could not alVord any redress for 11 civil trespass, whether the Act be considered as applicable to the Hudson's liny tcriitorics or nyt. It appears evident, therefore, that the only mode in «liich tiie Ihidson's Hay company can biing their rights of landed property to the issue of legal decision;, i.-< by enabling their governors to enforce the judgments of uieir courts ; in which cas(! the North-Wcst company, or any other party who may conceive tlicmsclvcs to ha aggrieved, may bring the matUr btiorc the Privy Coimcil by ap|)eal.
The attempt which was made byGcvemor M'Donncll, in the year 1814, to cnrorcc the authority with uliich he was invcstcil by his commission, under the company's charter, is however represented by the Nortti- West company as n lawless aggression ; they have even iho har<lihood to refer to it as the first instance of employment of illegal force in these cotmtrt^s; and thereby upon the principles of reUliutiun, they pretend to justify all their t>wn subsequent violences. . .
584. " LI Rut
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130 PAPERS RELATING TO THE
But, tVoin the nrguments llint have been stated, it is evident tlmt if the Nortli- West compnny had really had any just cause ot complaint they might have attained redress by legal means.
If the coniiiiission of Ciovornor M'Donncll had l)cen illegal ; or if in the seizure of the contraband provisions he had either exceeded or abused his lawful authority, there cnnnot l)p a doubt that the Privy ("ouncil would have entertained the complaint, and that the Nortli-Wcst company would have recovered ample damages, if they had been conscious of having a good cause they would have «eizcd the opportunity of obtaining a legal decision, which would have established their own rights beyond dispute, and would have set at rest the pretensions of their antagonists. The op|)ortunity was peculiarly advantageous to them, for Governor \PDonnell had f)fen unguarded enough to bring the question to issue, upon one of the most delicate and doubtful points of a governors authority, and had thereby given to the adver- saries of the lluilson's Hay company every collateral advantage for contesting their jurisdiction. That they did not take this opportunity is the more remarkable, us the partners, wlio were at Red River when the seizure of the provisions took place, protested tlmt they would ap|H;al to higher authority against Governor M'Donnell's proceeding's. iJut this was over-ruled by the general meeting of the partners at Fort William, where it was decided, that it was necessary for the honour of the North- M'est com()any to redress tlicir own wrongs, instead of appealing to the laws of their country.
If they htd aimed at nothing more than obtaining justice, it is hardly conceivable that they >^1 ould have adopted such a determination. But if in pursuance of the advice given two years before by Simon M'Gillivray, their objdct was the subversion of the coloi y ; if they had been on the watch to find a pretext for attacking it; f in the cond ict of Governor IVrDonncIi they found what they wanted, and though that under the pica of retaliation they might take measures for involving the innocent settlers '.1 ruin, it must be admitted that a petition to the Privy Council would not have served their purpose, and the conduct which they did pursue was intelligible and consistent. The meeting of the partners, in the Summer of 1814, was the signal for a train of nefarious proceedings, ending in tlie first destruction of the colony.
The hall-breeds, who before that time had always been classed along with the Canadian engages of the North- West company, and had never been heard of as a separate body of men, were now brought forward and tutored to call tliemselves a nation of Lulians. This was not the hr&t em|)l<)yment of illegal force ; witness the battailleurs, who were employed against Mr. Tidier in Athabasca, before tlie colony was even in contemplation.
But the arujy of the Xorth-West company was now organized in a systematic manner, and with the ilistinct avowal of the illegal purpose of driving the settlers from their lands. Thi* purpose was indeed avowed only by the half-breeds; the North-U'est company, according to their usual modes of evading responsibility, pretending to have no control over that "numerous and warlike race," thougii these independent Indians were all tiic time receiving their pay, and serving under regular contracts, like the other engages of the company ; and (to add to the inconsistency, this independent nation was employed to enforce the warrant of a Scotch magistrate for the Indian territories. But tliis pretext is now loo stale to impose upon the meanest simpleton ; and, after the evidence which has been obtained, no argument can be nccessiuy to prove, that ever since iho beginning of the year 181.5, the half- breeds have been in etllct llie troops of the North- West company, acting under tlic orders of the Scotch partners, and receiving pay for their military services, with as much regularity as their canoe-men receive it lor their work.
I'indiug it impossible any longer to disavow t'lclr connection with the half-breeds, the North- West company have now brought forward a new pretext, and allege that all the crimes wiiicii liavt; been connnitted by them were on'y venial irregularities, us tlie country has been in a slate of ititernitl warfare, and both parties have acted upon the piiutiples of retuliafiou. But if such a monslroiis doctrine as this can be entertained, as well miglit tiie law of Ciiglauil be entirely set aside, proclaiming a general impunity, for robbery and murder.
The plea of retaliation may sometimes jTcrlm|»s be admitted, to palliate an irr(;g\i- larity committed wiiliout retleetion, ami under tlie influence of wounded tieelings ; but when it is avowed as a principle, to b; system.uienlly act d upon, nothing can be fliorc detestable. If u party, greatly superioi- in tbrce, and at u distance fror,- Icgai
coutiul,
• )
RED R I V E 11 SETTLE M E N T.
'3!
oontrol, are lo bo ullowcd to judf^e for tliemsdvcs, how far the proceeding's of tlicir advt rsiirics nrc proper or not, to retaliiK; every act which they chuse to consider us an injnry, and to judge of the proper nieasnrc of their own revenue, there is no degree of atrocity for uiiicii an excuse may not be formed. . »
It is a misrepresentation and a calumny, to speaJi of mutual apftrcssions, or tbo mutual employment of illegal force. In the conduct cilher of tiie Earl of Selkirk, of the settlers of the Red llivcr, or of the servants of the llndson's Day company, tiiere has been no one instance of the use of illegal force ; they have never used force, cxccpc for the purpose of self-defence, or in support of the law, for bringing to justice men «ho had committed enormous crimes. Slaughter and devastation liave been left for the North-West company. The progress of that association has been marked by torrents of blood ; that of their antagonists lias not been stained by ii single drop.
If the crimes which have been committed in the Indian countries can be fairly compared to a state of warfare, it cannot admit of a doubt, that the declari^tion of *ar took place in August 1814. when Messrs. Duncan Cameron and Alexander McDonnell set out from Fort William, " to commence open hostilities against tlie enemy in Red River," with the avowal, that " nothing but the complete downfall of the colony would satisfy some, by fair means or foul."
From this time forward the half-breeds, echoing the instructions of their fathers and their employers, have avowed implacable hostility against the colonists, and a determination to drive them aw-ay from their lands. The latter have been under the necessity of defending themselves ; and if in tlie contest which has thus been forced upon them, they have nt any time l>cen obliged, for their own security to adopt measures which in peaceable times would have been improper trespasses, the circum- stances of their case may be fairly admitted as an apology. But to use the name of warfare as an excuse for the robberies, the arsons and the murders, committed liy the aggressors, committed for the avowed purposes of driving away their fellow sub- jects, and preventing them from obtaining a liveliliood by the peaceful and innocent occupation of agriculture, wooid be a strange and unexampled perversion of terms, and an attempt to justify ciimes, by employing language which the law can never sanction.
Down to tlic period of Mr. Alexander McDonnell's declaraticii of open war, no one act of aggression had been committed by the colonists. The only measure of which any complaint had been made, or of which the North- West company could pretend to complain, was one to which their partners on the spot had given a qualified assent. It was at all events the public and official act of Governor McDonnell, for which he, and he only was responsible, and for which he might have been legally called to account before the Privy Council of England. It is not that act therefore which is to be considered as a commencement of the disorders of the country, but t!ie uiii)rincipled resolution adopted at Eort William, to revenge it by main force, iji H'ad of seeking redress in a lawful manner.
f^^entlcmen, ' Montreal, 27th December 1817.
'^11 the absence of tlic Earl of Selkirk, I address myself to you as the legal agents
Iiirlnsure (7) , , , . , .. . . 1 • r 1 - • i I ■' "• • '" Sir J. C. Sher-
x'l 1! . nob. .Milan, lor the purpvise ot mentioning that, 1 have received the positive brnokc's, i^f with
orders of his Excellency the (iovwiior-in-chicf to laeiiarc and makeup, with the May 1818.
report relative to liie unfortunate occurrences in the
Icr.st jiossihle delay, a general Indian country.
For this purpose it appears 'o me ncce.isary that I should be furnished by each party wilii u general stalLiiicnt of the complaints they have to make against the other, together with such explaiuitions of their o»i) proceedings, as they may feel warranted to give; these stulcinculs might perhaps be afterwards mutually communicated, and each party allowed once to deliver their further remarks in writing.
It appears to me also advisable, that I should proceed without delay to the examin- iiti< uf various individuals now in this province, including those under indictment, or odicrwise accused. From persons so sitiiatal, I have liilherto ixs a general rule, refrained from taking any other than v'uluntury depositions; but should now propose furthe4- to exaiuiiie them iviili the assistance of ]\Ir. I'yke, the legal gentleman on each side Iteiiig allowed to attend, when wisticd for by the party examined ; amongst the princi|)al objects of inquiry, respecting wliicli 1 um in want of infoiination, are the causes which prevented each party wTicn conceiving themselves deprived of tlieii* ' 584. le-gttl
Ii
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I
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Inrliniire
in Sir J. r. Sbcr- hrrmke'f., (if i6lh May liilS.
Inrlosure .(0>}
133 PAPERS RELATING TO Til K
Icgul rialits, from uppciilin^ in the fiis-t instance to the laws of their country, as also tliosc wliich first Inil to tin; actual cnijiloymriit of |)rivatc force.
A'arimis statements, lioth in writiiii; nr.ii otherwise, have been occasionally made to ine, wliich minlu niaterially hear on these and many other im|)ortant |)oint9, but, of course, unless the same slmll l)c ulliniately laid before nie, supported by the best evidence tin; natuie of the case Will admit of, they cannot form any part of, or influence, my report.
The acknowledf^ed publications of the authorized agents of the respective parties in London, under the titles of Statement respecting the Earl of Selkirk's Settlement, nnil narrative of occurrences in the Indian countries, I shall, when necessary to refer to them, consider as moral evidence, as far as they consist of admissions, made by the respective parties, but not as constituting any proof in favour of themselves, or to the prejudice of the other party, unless supported by further evidence.
Should the unexpected delays of the Earl of Selkirk's journey protract his return, beyond the period, w hen I am ordered to make up my rei)ort, it was understood by his ExceileiK-y the Governor in Chief, that I should be allowed to make a further supplementary report, on any points res|)ecting which bis Lordship might be enabled to produce additional information. I have the honour to be, &c.
Jumes Steuart, Samuel Gale, and (Signed) If. B. Collman.
M. ()'Sulli\ Esquires.
Gentlemen, Montreal, 10th January 1818.
One of the principiu jects of Mr. Pyke's visit to Montreal, being to assist nic in completing the inquiry respecting the late unfortunate occurrences in the Indian country, and especially to decide in each case the propriety of examining individuals charged witli offences, and to what extent their different depositions should be taken ; we have determined iu consequence of the necessity of that gentleman's early return to Quebec, to devote the ensuing week exclusively, to the receiving the depositions of persons so situated, and with u view to afford to you the greater facilities, which you may expect on the arrival of the Earl of Selkirk, we shall devote the three last days of the week, namely, Thursday, Friday, and Saturday next, to Teceiving the depositions of Messrs. Miles M'Donnell, Colin Robertson, and any other of the accused persons, wliom we may cither find it necessary, or you may wish to have examined.
1 cannot on this occasion (without meaning to express any opinion on the nature of the proceedings, or the circumstances which may have given rise to them) refrain from repeating my anxiety to receive from you any further statements of facts you may wish to bring forward, in support of the general observations which i>^.'e occa- sionally been made to me, as to the causes which prevented, on the part of the Hud- son's liay comjiany, or the Earl of Selkirk, an earlier appeal to the laws of the country, as to their presumed legal rights, or which led to those proceedings w hich arc complained of by the adverse party, as the first acts of violence committed in the country. 1 have the honour to t)e, &c.
ToMcssrs. James Smart, Samuel Gale, (Signed) IF. B. Collman.
and M. O'Sullivau.
1
Sir, • ' Montreal, 30th December 1? 1 7.
We have to acknowledge the receipt of your letter of the 27th instant, giving information of your having received the orders of his Excellency the Governor iu Chief to prepare a report relative to the occurrences in the Indian country; and that, for this purpose, it appeared to you to be necessary that a general stateinerit should be furnished by each party of their complaints against the other, " togethel- " uith such explanations of their own proceedings, as they might feel warranted " to give."
It would afford us satisfaction to lay before you a statement and explanations of tiie kind alluded to, if time were allowed, and we were possessed of the materials and sanction re^iuisite for such a jiirrpose. Rut much time would be imavoidably occu- pied in pri'paringa stutemcnt of transactions so various and complicated; the mate- rials are, many of ihem, in the possession of the Earl of Si Ikirk, and neither these, nor the sanction requisite to enable us to adopt such a metisurc, can be expected previous to his Lordship's arrival ut Monlretd,
Your
11 E D R I V E R S E T T L E M E N T. 133
Your letter also intimates that " it appears to you advisable that you should pro- ceed, without delay, to the examination of various individuals now in this province, inchiding those under indictment, or otherwise accused." On this intimation we are not aware that any observation is expected from us, or tlial it would become us to express any opinion.
A desire for information is likewise intimated to us, as to the " causes which pre- vented EACH party, when conceiving thcuiselves deprived of their legal rights, from appealing, in the first instance, to the laws of Ihcir country, as also those which first Jed them to the actual employment of private force." On these subjects it seems proper to remark, that we apprehend that the Hudson's Hay company took every step, consistent with its rights as a chartered body vested with jurisdiction, for the purpose of appealing, as early as possible, to the laws of their country. That the employment of an ith-gal private force, for it is well ascertained, originated with the partners and agents of the North-West company, the consequences of which have been the destruction of the colony at Red Uiver in two successive years, together with the conmiission of a multitude of crimes, which still remain to be punished. That the causes and objects for which ti:e force was employed, were the actual de- struction and dispersion of the colony, which it eft'ected, the result thereby realizing the object.
Of the London publications to which you have adverted, we arc without legal information, and without authority to speak.
It would be with rej^/et that we should learn that any report was made up before an opportunity for offering his statement should be afforded to the Earl of Selkirk. Such a report, if a statement should be |)roduccd on the other side, could not hear the appearance of an ej.' parte proceeding ; and it is to be feared that the efi'ect of deficiencies or inaccuracies, if once admitted, would be but ill remedied by any supplementary representation. ^ ,
We liave the honour to be, &c. ,
(Signed) J. Stuart.
''■ Hon'''* W. B. Coltmaii. - Saniuel Gale, jmuQt. ,
M. O' Sullivan. ,;... ,
h
Sir,
Montreal, 14th Marcli i3i8.
Inrlosnre
Uavinv, with reference to yonr official letter to us of the 27th December last, in sir J.c. sher- and in pursuance of the suggestions therein contained, submitted to you a voluminous l>rmii<e's, of i6ih body of evidence, both in the shape of depositions taken before you, and in that of ^'">' '^'^' authentiv^ated copies of letters and other documents, tlie originals of which have been ^exhibited to you, it remains for us, in making a summary of the case of the North- West company, as relates to their disputes with the Earl of Selkirk and the Pludson's Bay company, to call your attention to such points as may require additional eluci- dation beyond the information w hich appears upon your files, and tliat which you have personally acquired during your visit to Red River. In the commencement of the recent disturbances in the Indian country, and wlien the first aggressions were committed upon us, we did not see in the measures of Lord Selkirk any otiier than the effects of an enthusiastic prosecution of his Lordship's visionary schemes, which, however disastrous to the persons cngugcd in them, and injurious to us, might per- haps be ascribed to laudable motives ; nor did we see, in the increasing activity of the Hudson's Bay company's traders, any thing more than an unwonted ebullition of coinmcrcia! rivalry, wliich, however much it was our interest to counteract, we never coidd entertain thoughts of repressing, by any other means than by a commensurate increase of energy and of industry in tiie operations of our trade; but the experience we have acquired, by the development of his Lordship's views from their early bud, the wily purchase of so large a part of the Hudson's Bay stock, to their full bloom of maturity, the sack of Fort William, has convinced us that the measures of Lord Sel- kirk have been undeviatingly intended to produce the utter destruction of our trading concern, and the ruin of our fortunes a>id characters, and ttiat the active co-operation of the Hudson's Bay company was an engine put in motion by his Lordship to assist in accomplishing those ends, ultimately thereby to rai^ himself upon the ruins of the North- West company into a monopolizer of the fur trade of the whole continent, in addition to his ambition of becoming lord paramount of the soil, through an im- Biense tract of the country.
M Dl
^84.
We
Your
^34
P AIDERS RELATING TO THE
We cousiJcr ounclvcs, therefore, as having a right to assume as a basis, upon which tu build our complaints, tlic existence ot° a conspiracy against us, engendeieci in the brain of Lord Selkirk, and carried into effect with the assistance of his tools, the Governor and Couimittee of the Hudson's Bay company in England, of their servants in Hudson's Huy, and of the numerous adherents and satellites who have been drawn into his Lordship's vortex, by the perverted power of exalted rank, great wealth, and specious appearances.
To this conspiracy therefore, to this orij^inal sin, we ascribe all the violences, the aggressions we have sutfered, and the prolific truin of complaints and oDisnces wliieh are now in course of legal investigation; and altliough it is requisite, for the well- being of society, that the actual (>erpetrators of such offences as have been committed, should receive condign punishment ; much more weighty moral respomibiliti/ must be upon the shoulders of the causer, the promoter, the tempter, than upon the passive tools employed by him, or upon those who iiave been driven to resistance or retaliation.
Before beginning the summary of (he events immediately connected with the dis- putes in question, it may be well to direct your attention to the circumstance that the North-West company have never acknowledged the exclusive rights, eit.ier of trade, or of territorial property and jurisdiction, claimed by the Hudson's Lay company under their obsolete charter. It was indeed, at times, considered as gcod policy in the Canadian traders, to seem to respect those rights, in order to dete' more active rivals from stepping over the heads of the sluggish factors who crept about the shores of the bay, and sonicticnes by a great eft'ort, followed the tracts of the adventurous Canadians into some parts of the interior. But at no time was ever done any overt act of acknowledgment of such rights; the contrary was always the cose, on every occasion of collision between the traders of the rival companies ; and at one time, namely, in 1 803, in order to bring the question to a decided issue, the North-West company determined to send ships to the bay to trade within the streights, and to establish factories under the very noses of the Hudson's Bay people; the documents laid before you prove this to have been done, and the Hudson's Iky company wisely declined the contest. Finding, however, that the trade in the bay did not answer during the three years it was carried on, in the very heart of the supposed commercial empire of their rivals, the North-West company withdrew their establishment, after incurring a very heavy loss in thus attempting to provoke a legal decision ; and their sliip The Eddystone, was purchased by the Hudson's Bay company, and is actually now one of tlic vessels on their establishment.
In your letter of the 27th December, you allude to the acknowledged publications of the authorized " agt::;s of the respective parties in Ixindon, under the titles of " Statement respecting the Earl of Selkirk's Settlement, and Narrative of Occurrences " in the Indian Countries," as so far before you, as being sources of occasional rcfeience. The narrative therefore published on the part of the North-West com- pany, though an extra-officiid document, as also the tnemorial presented to Earl Bathurst in the beginning of last year, of which we have submitted a printed copy to you, will together supply the minuter links of the chain of events of which we proceed to give the outline, divided -^t < four epochs, for a more ready reference to the papers filed with you in support of our ».. -•• ; and the whole will, we flatter ourselves, be found fully and satisfactorily to prove all we wish to represent through you to Government, and will enable you to make Euch a rc|)ort as will not only completely justify the North-West company in the eyes of Government and of the world, but also procure such farther substantial interference us may appear necessary where legal proceedings may not suflice, to ensure to us indlmmtv fou tue past, and sKcuarrv ion
THE FUTURE.
The first epoch or stage of tlie conspiracy, commences when Lord Selkirk, in 1811, obtained by the means, of which such proof us could he produced hus been laid before yon, so decided an aaccudency in the courts of the Hudson's Bay company. U'luit- ever views of coUwizutiou the Earl may have had at an earlier pcr'od, it U pretty apparent that a knowledge of the great profits, so tempting tu speculative cupidity, arising from tiie trade in furs of the North-West, which his Lordship derived from the unreserved and liberal communications he received from ourselves, during his visit to Canada in 1X03, made the Noble Lord'.s colonizing schemes subside into the second rank in the objects of his pursuit; and perhaps tltey would have been con- signed to oblivion, amongst the various " cunning devices" of other projectors, bad
his
RED RIVER SETTLEMENT.
>35
his Lordsliip not contrived to muicc them subservient to his spirit of conimerce which was now awakened in his mind.
Lord Seli<irk denies being individually a fur trader; but what must that person be called wlio is a partner to the amount of nearly one-half of the whole trading stock of a /ur trading company, who directs their afl'airs, en<races their servants, and in the Indian country, at Fort William to wit, has actually m his own person traded with the Indians for furs ? Who plans an establishment in the interior of the country, for tlie purpose of r»isin<» reciuits of servants fit to l>e employed in the trade of the Hudson's Bay company, whose own servants arc engaged under the express stipulation of being liable to be drafted into the trading service of that com- pany ; and who, in fine, instructs his agent to establish as soon as possible, distilleries in his colony, for the purpose of supplying the company's trade with spirituous liquors ? It may be permitted to us in this place to observe, that this is the man who in his Sketch of the Hritisli I'ur Trade, published in iSi.';, has so unblushingly (pages 38 and ,52) accused the North- West company of speculating on the vices of their servants and of the natives ; who tells the public, that " if an effectual restraint " can be put on the sale of spirituous liquors to the Indians in British America, " it would contribute most essentially to their welfare and progress :n the arts of " civilized life;" whilst the year before, stimulated by the love of lucre, he had directed tiis agent to erect distilleries for the purpose of supplying those very Indians with ardent spirits, whose welfare was to be promoted by their being effectually restrained from procuring them * !
But had Lord Selkirk^s primary object been that of colonization, still the establish- ment of a settlement known to be intended as n hot-bed, out of which our rivals wer6 to be provided with full grown trading servants, and in the heart of a country whence oar people derived by far the greater part of their provisions ; a country, the extensive inclosure and cultivation of which, would destroy or remove to a most inconvenient distance, the hunting grounds on which we chiefly depended for the means of subsisting our numerous voyugeurs, would of itself have been pregnant with distress and injury to our trade. It became still more an object of jealousy and alarm, when we considered the undisguised designs entertained by the Hudson's Bay com- mittee, under the impulse of their noble dictator to revive, or rather for the first time to put in force, in their most hateful shape, the extensive and undefined privileges granted under a stretch of prerogative to a set of court-favourites ; and when it was openly stated that the North- West company, who were the legitimate successors of the first discoverers and posses.>ors of the country, which they have since explored from sea to sea, were poachers and interlopers, and should be dealt with accordingly, that their buildings sliuiild be razed to the foundation, and their persons and property subjected io the operation of that most preposterous and oppressive clause in the Hudson's Bay company's pretended charter, by which tliey were empowered to levy war, and to right and recompense themselves upon the persons and property of thoso whom they caught within the hallowed confines of their sacred territories.
Early did we predict that the formation of a settlement, in its ostensible objects of cultivation, so diametrically opposed to the habits and prejudice of the natives of the soil, would produce dissatisfaction, disturbance and bloodshed, between the new- comers and the native inhabitants; and our prediction has been too mournfully fulfilled- Early did we declare, that such a heterogeneous community in the centre of our trading grounds, would be withal productive of insubordination and desertion amongst our servants, and this has been convincingly brought home to your own knowledge. Sir, by the numerous warrants you have yourself granted at Red River against our engages for desertion. And early and candidly did we state, both to Government and to our opponents, thut we, in consequence, viewed this projected settlement as in its essence, both injurious to our trading interests, and pregnant with the seeds of its own dissolution.
This
* No(e.--Aa offer nadti by Lord Selkirk, in the y«ur 1803, to ilic North-Wrst compimy, tu Airiiisli (hem Willi spirits fur ibvir liidmii tnide fniin distillerieti li> be cuiritnl uii at his settlriiient ut Duldoon in Upper Canada, shows, that he held a diflermt doctrine in respect tu supplying the Indians with spirits, until he found it cnnveuient to lavish liii abuse on the North-West compHiiy ; unless indeed his cliooses til justify huosc'f by tlie arguiiieut which wa* used by some of the African shive inercbant<i on tlie abolition quetliuD : — " We grant the trade is un iniquitous uce ; but if ut don't curry it oii,oM(ri *' will, to lie may as well put the guineas in our own pockets."
3«4-
I3« PAPERS R K L A T I N G TO T 11 K
Tliis was the li<;lit in nliicli \vc saw tlic matter, even wliilo wo supposed it to be merely a culuiiiziii^ spectilutiuii ; nnd inucli more strongly would our suspicions and aluriiis have been excited, had mc tiien known wimt has since been so fureibly thruiit upon our conviction, tiiut tliis |irctonded sciiemc of ii colony wus no other than u cloak thrown over the avmieious designs of the Enrl of Selkirk to become n. mono- polizer of the fur trade, and one of the steps by which he meant to climb into (hu sanctuaries of our commercial secrets, to ransack our stores, to steal our account- books, (we beg pardon, we should have said, to bribe u needy dependent to steal his employer's books,) uud meanly to pry into the private ledgers of his competitors in trade.
Maugrc every evil prognostication, however, his Lordship proceeded with that tena- cious perseverance, which in a good cause receives the appellation of zeal, and in u bad one is stigmuti/cd as ot)stinacy ; and in the course of i8l'2 and 1813, the plan for the colonization of Ucd River was proceeded on.
Lord Selkirk, or rather \m jiididoux friend, who has vamped up the " Statement," gives the North- West company's partners and people, then on the spot, very little credit for the fostering humanity with which they sheltered, fed, and clothed his deluded settlers, and is most appiopriatdi) severe upon what he calls the canting compassion of the North- West company. The uniformity of all the depositions tliat arc before you on that subject, is more than a sufficient answer to these i>ertf charitable insinuations.
This leads us to the second epoch of these transactions, when Miles M'Donnell, the soi-disant governor of Asfiuiboinc (which in the future Gazetteers of the North- West continent, may perhn|)s be considered as syionimuus with Rarataria) issued his proclamation of the Stii January 1814. The cloven foot had before appeared by the assertion of his dominion, as well over the Indians, as over the other inhabitants of the country, of his having the right to interdict them both from fishing and hunting at his pleasure, and rctpiiring them to bring tiieir provisions to liim alone for sale; and still more by the pains taken to impress upon the minds of the natives and of the North-West company's servants, that the ruin of that association was at hand, and tliat their traders would soon be compelled to leave the country, the whole soil of which was arrogantly asserted to belong to the Hudson's Bay company, and under him to their grantee, the Earl of .Selkirk.
The seizures of provisions at Turtle River, at Riviere la Sourie, and on the Assiniboine River, the inl( rruption of the navigation, the taking of our people pri- soners, the notices to quit, the arming and training of the settlers to war, the arrogant and despotic tone assumed by Miles M'Doiinell, styled by himself " Civil Governor," but unifunnly designated by his own people under his military title of Captain, arc ail 60 fidly stated by oral and written evidence, produced to you, that we will do no more in this place than point out to your more particular attention, that passage in the journal of Mr. Peter Kidler, one of their chief factors, under date the aist June 1814, where he says, " had the Captain persevere'*, they would all have been starved " out in two days more," as siiouin;; tlie spirit which actuated the author of these proceedings against the North-West company.
So far there appears nothing but agaressions on the part of our opponents, without, on our side, the adoption of a single delensive measure.
That the settlers were trained and exercised in arms, for the purpose of forcibly putting into executions tiic plans of Lord Selkirk, for the expulsion of our people from Red River, and eventually from the whole of the Nortii-West, could not be doubted ; and the use made of the camion ami fire-unns sujiplied by Government for the protec- tion of the colony, but uhicii were directed to the purposes of outrages upon our people, confnmed it. Hence it was perfectly fair and justifiable in Mr. Duncan Cameron, to take advantane of the spirit of discontent and desertion which began to prevail amongst the colonists, from the miseries they had sudered, and the arbitrary conduct of their comm.inder By ikcilitating the passage of all who cho.se to proceed to Canada, the North Vv est company wfo iliminishing tiie nninerical force of those by whom they expected to be encountered in arms and subjected to further pillage ; and had the encouragement given in this way been carried much farther than it was, it would still liave been merely in self-defence, by reducing the physical means of annoyance possessed by our antagonists. On this particular head, we beg leave to refer yon to tire letter from the Honourable William M'Gillivray, which accom« panies this.
Had
d it to bp cions aoil ily thrust T th.in II iViijono- iiito ilic account- steal liis inpctitoi's
RED RIVER SETTLEMENT.
»37
vanting
Mad even policy not been in question, yet the comiiiun feelings of humanity for distressed and deceived I'cllow-subjccts would liiive dictated tiie iirt"ordin}» them every relief; and it may with propriety be asked, what uould the world have said if wc imd not assisted them in escaping from this land ofprmnise, and liud lelt them to starve, or to be devoured by the wolves, as nuj the case with Keissmaster.
You have been pleased to say. Sir, that you would consider the publications before alluded to as " moral evidtnce, as far as they consist of admissions made by the " respective parties." The letter written by Lieutenant Colonel JIarvcy, in behalf of his Excellency Sir Gordon Drumuiond, under date I2tii July 181,5, to Messrs. Mailland, Gordon and Auldjo, Lord Selkirk's agents here, of which a copy is printed, page 5.') of the " Statement," is an admishion of the sentiments entertained by the then existing government of this province, respecting the conduct of Miles M'Donnell. With a just view of the proximate causes of the disturbances in Red River, Sir Gordon Drummond directs his secretary to state, that if " the lives and " property of Lord Selkirk's settlers are or may hereafter be endangered, that " danger will arise principally from the conduct of Mr. Miles lM°Donneli, his " Lordship's agent, who appears to his Excellency to have been actuated by any thing " but a spirit of moderation or conciliation in Ins language, and demeanour towards " the servants of the North-West company." Colonel IJarvey further adds ; " he " has moreover assumed powers which cannot possibly, in his Excellency's opinion, " have been vested in him, or in any agent public or private of any individual, or of " any chartered body."
' Much stress has been laid u|K>n a letter said to have been written by \[r. Alexander M'Donnell, on the 5th August 1814, a paragraph purporting to be an extract from which, is given in " the Statement," page 11. Tiiat letter, if in existence, in the hands of our opponents, has probably bieen laid in original before you ; and from the * inspection of it your judgment will decide whether the paragrupli is garbled or not, and w hether the interpretation attempted to be given is consistent with the contents and tenor of the remainder. It is neither our province nor our duty to justify the expressions of every private letter written by our friends, or by our individual partners, on 'the subject of these disputes ; but it must be obvious, that in the warmth of a correspondence with a friend, expressions will escape which a cooler revisal would expunge or soften. It ouglit likewise to be recollected, tiiat this letter was not Mritten till after violent and open attacks had been made by the colonists, headed by their crt/>/fl/H, upon the North- West people. Moreover, Mr. Alexander M'Donnell must have had a personal feeling of irritation at the ungrateful return he had met nith from the persons, who, without his timely and persevering aid, might iiave nearly perished with hunger; for even the Winter's wind of that inhospitable region is not so unkind as man's ingratitude.
In this place it may not be irrelevant to observe, that it must have greatly disappointed his Lordship and the other conspirators, that nothing direct can be adduced in support of all thoir accusations, trumpeted forth on both sides of the Atlantic, of the premeditated intention of the Nortli-West company to extinguish the colony by force; and, notwitlistandir.g their unprincipled commencement of a system of interception of letters and dispatches, and of the violation of all decency and propriety in the breaking open of seals, notwitiistanding their obtaining access by his Lordship's outrage at Fort William to the letters, papers and bdoks of accounts of the concern, there deposited ; nay, notwithstanding tlie indelicate search Hhich the Noble Lord did not disdain to make or cause to be made in the privies at Tort William, for filthy fragments of written papers (a fact of notoiiety which but for its meanness and indecorum we should have substantiated before you by evidence,) yet notwitiistanding all this, they have discovered no proof in support of such a charge.
You are well aware too, Sir, from the evidence before you, that in no case did the North-West company's people ever fire a first shot. Tlic extracts from their own (Mr. ridler's) journal, show that Lord Selkirk's partizans were always the first aggres- sors, and with the various other depositions filed with you, constitute irrefragable prools of the systematic plan of mere defence which the North- West company's people have all along pursue('
Totally denying all authority assumed either by Miles M'Donnell, or his assistant John Spencer, it imperiously behoved tiie North- West company to protect their people as much as possible frou) such aggressions ii tuturc; besides the seizures of the provisions having been made at a time when it ivas known that the Americans
584. N 11 had
»J3
I' A P E R S RELATING TO THE
hiul tliecoiniiianil of the romniiiiiicalion »itli Canada, ami mIico consequently no sii|)|ili(.-8 ot ;i()\i&iun!) could be ulitiiini'd iVuiii that quartLi', and bein;^ t'ulluwcd up by the piuciuniation isNui'd in Jidy, prohibiting the hunting ul bulV.tlue on liurschaek, itpparently tor tlie purpose ot preventing the North- \\c»t company from obtaining any iVesli Mipply ot provisions, to replace xthat tliey had 8u unjustly been dcfjrived ot, atVurded i'urthcr strong prool* of the intentions of Miles .McDonnell, or of hii employers, to break up the Noith-Webt conipany's trade altogether, and rendered it necejsury to strike at the root of the usurped authority uc Iwd to contend with, by the arrest and prosecution of Miles M'l)onncll and John Spencer, for their illegal proceedings. It was not to the law of the strongest, nor to the Indian law of the tomahawk, that we had recourse on that occasion, but to the regular proceedings of law, and the warrants granted against M'Donnell anti Spencer were issu^-d by a magistrate duly qualitied. It has been objected, that that magistrate was a North- West partner, and we are certainly not inclined to admire the propriety of a magis- trate issuing warrants in a cause in which he is hinjself interested, for we have seen how grossly justice may, under such circumstances, be perverted, in the instance of Lord Selkirk's iniquitous abuse of his magisterial power at Fort William, in tliat notorious case ; his Lordship could not with truth allege that there were no unin- terested magistrates who could take the imgracious task out of his hands. In his Iptter of the Joth July, from the Falls of St. Mary, of which an extract is given in " the Statement," page (ij ; he says, indeed, that the two magistrates he applied to, namely Mr. Askin, of Druunnond's Island, and Mr. Ermatingcr, at the Falls of St. Mory (both of them his own agents,) had avocations (probably arising from the expediency of remaining at their posts to forward his Lordship's supplies of goods and recruits) which rendered it impossible to comply with his request, and he adds, with his accustomed adherence 'o veracity, that they were the onli/ qualitied persons who could be expected to go such a distance ; yet he does not say that he did apply to any otiiers ; and any magistrate for the Western District of Upper Canada, in whidt Fort William is situated, was adequate to perform the duty required, whilst Saod« wich or even York, were not too tar distant, were no proper persons to be found nearer. Now, of offences committed in the Indian territories, none can take cogni> eance but magistrates for those territories ; and there were not then (as will appear by reference to the list of persons holding such commissions at the time, publisiied by authority) any magistrate fur the Indian territories, excepting partners or agents of the North- Wei<t company, or el.sc individuals in the employ of the Hudson's Ray company, all the latter being either in England, or at their respective posts in tho bay ; consequently none other but a Nortl>-Wcst partner could by possibility bo applied to. As to any appeal in such cases to the Legislature of the United Kingdom, instead of the local authorities, it could only have been done under the assumption and acknowledgment that Miles M^Doriiitll was a duly appointed governor of a British colony, and as such amenable to Parliament or to the Privy Council, for any abuse of his authority, an assumption and acknowledgment which have always been denied tolUfus virikts ctxcrbis by the North -West company. Besides, the remote- ness and delay of such a remedy, would have entirely destroyed tae beneficial effects of it
The arrest of S|icnccr in October 1814, the surrender of M'Dr inell in the follow- ing Summer, and the subsequent dispersion of the colonists by tl.-, half-breeds, (we reter partKularly to the treaty entered into between the half-breeds .nd the colonists, by wtiich the latter engaged to retire from the Red River, that no appearance of a colony should remain, and that only a limitetl specified number of the Hudson's Bay traders should in future frequent the river ; whence the burning of the colonial houses, and the |)crmission granted to one of the Hudson's Bay company's servants to remain for the pur|)ose of collecting the crops,) are events which must stand upon their own ground, and which terminate the second epoch. Durinn this period, how- ever, a traiKSiiction attended with fatal consequences took place at Isle i\ la Crosse, in February 1 8 1 j. The aggression there w as as usual, on the part of the Hudson's Bay company, and arising from the mischievous principle which Lord Selkirk's instructions inculcated, th:it the North-West people were trespassers, and their traps and nets sliould he scizL'il, " ns you would in England those of a poacher ;" the death of the North-West eni;a;.e I.'anioureux, as well as that of Mr. Johnstone, the Hudson's Bay company's clerk, both kilh-d on that occasion, show as forcibly as uny other occur- rence, the dreadlul consccintnccs arising from the pertinacious pursuit of these pre- tended riglils.
Before
im
•RRI) niVER SETTLEMENT
IJ9
Il4'f()i'c Dntpriin» upon the tliird rpoili, wc would just toucli uiwii the reward* Ruid at [)ii);i" .'JO, ol " thiu Slateniciit," to have ticcn be.itowcd ii|i()n some of ihc sclllerh who winl over to the Norlh-We^t coinpmiy ; «o woidd rciiiiiik cii putsuiit, that lh« vfri/ hmtourahk iimnncr in wliiili Lord Selkirk became posscNsod of the iiieiiiorHnduiii book there ulluded to, is known to you from the deposition of A.J. Williamson.
This was one of the documents that that person was bribed by his Lordship tb ntenl ; a felonioiit) act, in which I..ord Selkirk, his ('ountess, and his attorney, arc all Bccessuries, both before and uder the fuct. The book itself is not one of any au» thenticity or of record in the accounts of the compony ; but it does not apf)car from it, that these rewards were actually paid tu the parties, mid it would seem that the memoranda at ttic lx)ttoni of the accounts were only recommendations by the gentle- men who liad been immediately in contract with these men ; iKsidcs, as they all worked in the canoes and l)outs of the North- West company, and in other res|)ectg served as lalwurers, tiiey wereconse(|uently entitled to ret;eive pay for those services; but supposing even they were so reinunurated as allet^ed, we maintain that, upon the principle before laid down, that the North- West company were entitled in self-defence to decrease, by all the means in their power, the physical force of those who were oppressing them, the recompencing those who had joined their party would not only be a vindicabic act as regarded themselves, but also an act of justice as regarded those individuals.
The leading events of the Uiird epoch, which we consider as commencing with the arrival of Colin Robertson at the Red River, in the Summer of i8i,<), and terminat- ing at the second dispersion of the colony, after the death of Mr. Scniplc, though numerous and important, behig only consequences ari.sin<^ from antecedent circuai'> stances, require little more than the ennnieration of them. They were, 1st, The seizure in October 1815 of the persons of Mr. Duncan Cameron and otiiers, tliQ temporary taking possession of Fort Gibraltar, and the carrying away uU the arms from that post.
ud. The ultimate capture of Foit Gibraltar on the 1 7th March 1 81 6 ; tlic taking of the furs and canoes of the North-West company, nnd sending them, together with Mr. Cameron, as a prisoner, to England, by way of Hudson's Bay*; the further robberies of provisions and other articles there, and the final destruction of tlie fort ; the removal of part of its materials to construct Fort Douglass with, and thq burning of the remainder.
3d. The interception of the North- West express, and breaking open the letters.
4th. The seizure of the North- West company's post at Pauibina, on the 20th March, the taking our people there prLsuners, and the robbery committed there of arms, &c.
5th. The dispatch of an armed force to seize in like manner our establishment at Riviere qui Ap|)clle, and tu secure the person of Mr. Alexander M'Donnill, in »vliich however they were frustrated.
Gth. The fitting out of the armed schooner " Cuthullin, in man of war style, to " be moored at the mouth of the river, to intercept the North-West canoes," and " to give the North- West scoundrels ti drubbing."
7th. The negotiations between Alexander M'DonncU and the heads of the colo^ nists, Robert Seniplc and Colin Robertson, consisting of demands made by the tormer of the restitution of the post at the Forks, and the property taken there, and of refusals, evasions and threats, by the latter.
Sth. The retaliatory steps taken by Alexander M'Donncll, linding that he could not get back the fort at the Forks in a peaceable manner, in seizing the provisions, &c. belonging tu the Hudson's Bay company, which he could lay hold of.
9th. 'I'he steady and judicious conduct pursued by Alexander McDonnell in his firogress towin ils the Forks, in order, if possible, to get the North-West company's ])rovibions out without bloodshed or even collision.
10th. The alleged assemblage of the half-breeds from various quarters; and,
nth. Tho
• A'd/i- — lUcriit advices from England state the arrival of the lludsfln'.i Bay company's eliip the I'.ddyitiiiii', with Ml. Cnmcron and the plundered furs, iu Noven)ber; that the Idltur »ei'e utKiut to be nnrcniditMinally given up to the Nortb-NVest company's agents, and that Mr. Caninron wui- cousiiliiiijii Itg.il authunty.Ht to tliu Ixtl niude uf obtaining r<idiess fur thu false iinpri:>Miuient and oiiivr outragej, hu )i id hcen suhjet'tcd to. - • . .
140
r A r l^ 11 S RELATING TO T II E
III' liii
!'! ■ I
I ith. The M Hilton tiul wicked nltiick mnde by Mr. Sempic aiui \\\» patty on the (letachnicnt who were cutidii('tiii)> utir proviAiuiis, wlitcli leriiiinalcd m iutully lu tlw oggrcssors.
\Vc l)elieve, that the whole of tl»e»c tmnsnctidnn, nnd the rircumstanrc^ atteiidin); them, »ill \x found to iip|H'ur u)m)ii your I'iIo.h of evidcnre, and we arc; not conscious ot Itaving kept buck any ntatcritil document ur tiKtiinuny rilutivc thereto.
They form in the*- pro^rcAsion a stroii;^ nnraveliini; ciiic to tlic deep desii-ns nnd machinations which nad i)cen laid nnd pnirtisrd, tlion^li with Mich little eventual success in the precedinij years. No one could doubt, that tlio siicce-sive seiiitne of all the North-West ((impany's jiosts (a pliiii of cainpni^!>iii<; which it wa^ openly avowed was intended to he cai lied into Athalmscn, ami the remotest part of the North- Wf'tti,) woiiKI he followed up liy their tot.d expuUion, and to have lamely sat down under these unprovoked nnj<re<(»ioiis, robl)ei it .s and oppressions, was more than could be exp»cted from any iict of nun; yet of the leadiiij; events of that period, there are only two which can lie considered ii^ proceedinij from remedial mcn.sures on our part, whilst there arc no less than six notorious instnnci s of dj2;grcs8iun on the part of our opponents.
The intcrcc|)lin<j of our Ict'ers («\hich if not n complete justification, is at least a very ample pnllialion of the subsequent interception of Lord Selkirk's express at Fund du Ijic,) was anotlier feature of the conspirney, an»'. the menacing terror of Mr. Seniple's and Colin Robertson's letters filed w ith you ; particulr.rly that in which Mr. Scmple i^iieaks of a blow " that would be felt from Athabasca to Montreal," added to the daily growini; conviction, that the dec^-laid schemes of our adversaries were ri|)ening into a forcible and destructive explosion.
Of the two circumstances which wc have alluded to, as proceeding from remedial measures on our part, wv will dismiss the retaliatory steps taken by Alexander M'Doimell, after repeated nnd fruitless demands for redress, nnd the dat refusal to deliver back the post at the Foiks, uccompuiiied by the defiance of Colin Kobertson, who was " determined to dispute tiic ground by inches;" nnd leave them to stand upon their own iHittom in the eyes of (iovernmcnt, witli the observation, that wc hojie the efficttml protection and redress wc seek will not be so far withheld < paralysed, as to make us regret that wc have not in all cases had recourse to tf (t,i talionis, to right nnd recompense ourselves.
'I'hc assemblage of the hidf-breeds requiios a little further comment ; we need not dwell lu re iipoa the oiganizatiou of that c!i':s of men. You are yourself, Sir, personally aware, that allliough many of them, from the ties o^ consanguinity and interest, are more or less connected with the North- West company's pc ,le, and either as clerks or servants, or as tree hunters, are dependent on them ; yet they one (ind all look upon thi inseivrs as members of an independent tribe of natives, entithd lo u property in the soil, to a flag of their own, and to protection from the Uritish (ioveiiiment.
It is absurd to consider them legally in any other light than as Indians; the Tritish law admits of no tiiiation of ille>!itimatc children but that of the mother; and ns these |>crsons cannot in law claim any advantage by paternal right, it follows, that t!iey ought not to be subjected lo any disadvantages which might be supposed to aiii^c irom the fortuitous circumstances of their parentage.
neingtherdore Indians, they, as is frequently the case among tlie tribes in this vast continent, as i/nuin; wen (the technical term for warrior) have a right to form a new ti il)e on any imoccupieH, or (acconling to the Indian law) any conquered territory. That the half-brtids umler the denominations of biti.s brulh and mel'ifs have formed ase[)arate and distinct tribe of Indians tor u considerable time back, lius been proved to you by various depositions.
' Now, if a person is aggrieved or in imminent danger, w ill not the law of nature, which is the foiindiition of all other law, both bid and entitle him to seek luraid antl protection against tlic iiijiirii's and dansicrs with which he is tiireatened, amongst those wlio are fible and uillint; to assist liim? And who more able, who more willing, who more bound to assist tlieir rilations, their friends, their employers, than lh(;sc contemned lialf-brcetis ? — Ihose whom llie liberal book-maker in Lord Selkirk's half-pay (.sc(! Statement, page 17) terms "a lawless banditti," the illegitimate "progeny chietly of " the Canadian traders by Indian women." These, whom the unfortunate Scmple in his letters contemptuously calls "your black-breed allies." Seeing then that iio
inenftces
R K n n I V n R s e t t l r m r, n t.
141
mrnacrs of IiIh opponnitH were fuirilliii;;, tliut the capture of Fort Ciihrultar, nnd of tlie f)n^t of PBinbiiin, nnd the iittciiipt to ^ct |)osHcssioii of tiin own |M)!tt mid pcison, would l>(> tolloM'cd up by (vciy iwssiblu umasure oi' violuncu to cut ofVall coinmunl- cation lictivctn liiui, tin; iiortlicru dcpurtrui'iits und I'oi't W'illiaui; and well knowing tlie salvniioii of tlic Nortll-\Vt'^.l couipuny dopendi'd on i{cltiu;» out their proviHJoiis from Assinihoine Uivcr, to prrvcnl the tlistre^s tuul prohahlo starvation of all tho brigade'!) coining through Lake \\'iuni|)ii', it was prudent, it was politic, it wa<i just, it was the houndin duty of Mr. Aloxaiultr M'Ddiuull to avail hiinsclf of the |)rofl'tr( d tf^bistance of tho liulf-hrccd trihc, lu make common cause with thrm, and to secure the protection of their physical strcnj^tli, holh to save the persons and property of the ls'orth-M'e«t company from further outraue and pillai^e, nnd to carry out the provisions so indi>pensal)le for their existence 'I'luse ohjects were much facilitated hy tlie irritation which had licm produced in the minds of tiio lmlt'-i)rccds, from the violation of the capitulation they had granted the colonists the year before, and from the violences committt (I on tlie persons of the chiefs, l!o.>tonois, IVaser and others, at I'nmliina and other places. Steadily therefore pursuing these measures of self-defence, the bringing; so many of the hnll-breeds to;;ctli r into one body was necessary and laudable; and althoii;;h it was found, that by giving so much consequence to the new nation, they were led to consider thomsclves as iKiyond control, and were occusionally objects ot alarm nnd uneasiness to the North-\\'cst people themselves ; yitwcdo not hesitate to avow, that under such eircumstaticcs, to nvail of their services for the protection of our pro|)crty and our trade, was not only what we were justified in doing, but what wc nuist of necessity re|)cnt, if compelled to it by siuiilnr dancers. But these very people who are so vilified by onr opponents were always courted by them, particularly by Mr. Seniplc and his coadjutor, Colin Robertson, and were endeavoured to be gained over by flattering promises of superior advantages, beyonj any they could get from the North-Weat company. A cavalry body-guard of them (and none more active in the saddle, more expert with the firelock, or more warlike in deportment, could l>e found in this hemisphere, us you yourself. Sir, who have seen them in a body, will allow) was even considered us an appendage that would udd dignity and strength to the government of Assiniboine, could -ich a l)ody of household troops iiuve been procured; but unfortunately "the kiuns were stubborn," and would not be persuaded; or |)erhaps they had an. inkling of a report that was in circulation, that it was intended to decoy as muny of them as possible under this specious pretext, and .send them away to Pludson's Ray, and thence beyond seas; a fate w hicli to them must have appeared as a Sibcritm banishment to an European. 'J"o return, however, from this digression, Mr. Alexander M'Donnell, with a prudence and foresight, ju^iticd both by the past occurrences and the events that ensued, collected and combined these allies in one focus, and entrusted to part of them the execution of a material part of bis plan, for extricating the North- West company from the snares in w hicli they were sought to be entangled. Tlie prudence, the coolness, the forbearance, and, when the trial came, the fortitude and generalship with w lii(;h these men conducted themselves on the lamentable occasion that ensued, — now that prejudice ought to have passed away — now that truth is about to dis|Kl the mist of falsehood, scurrility and calumny which hung over the allVay of the 19th of June iSiti — now that you have yourself on the spot narrowly investigated all that related to it, must be subjects of approval ; and boldly will we venture to predict, that the stricter the inquiry, the more certain it will appear that Mr. Semple unci those who |ieiislied with him, till sacrifices to their own illegal and inconsiderate aggression.
Refoie wc proceed to the fourth act of the drama, wc wish to make some remarks on the contents of the letters intercepted at the forks, which hove been magnified into supposed proofs of " a tiiabolical plan, on the part of the North- West company, to " destroy the colony." Protesting again against being responsible for what our friends, our individual partners, or our dependents may write in the confidential freedom of correspondence, yet we do not see in those letters, as printed in the " Statement," pa>;es 71,72, and 73, or as quoted by Mr. Scinple in his letter of the loth April i8i("),* any tiling more than on the part of Mr. M'Donnell, the natural
feelings
• Notf. — It ia worlliy of remark, how aptly, but uuintentionally. Mr. ScmpIc, in tlie letter alludril to, fits the rap on the bead of himself and associates ; in quoting punigr.iphs from tlie intercepted Jctlcrs, he illustrates by p.ircntbesis that would otherwise le obscure : " A storm in gfttheriug to the " northward ready to burst over the heads of the rascals" (the Hudson's Ii.iy company :) " never bad " we sucli a set of villains, men and gentlemen, to contend with," (viz. Messrs. SulberUnd, Fidltr, RuberlMin, and uiytell.)
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?APERS RELATING TO THE
n.i
feelings of iiulignntion which must hnvc arisen in iii'° mind, fron) the scries of ingrati- tude, aggression and menaces, which lie lind endured ; ond on the Nart of Cutlibert Grant, an expression of t!»c resentment he felt, as principal chief of the half-hreed trilic, at the violation of the capitulation which was granted to the colonists, when his tribe had dispersed them the year before.
Eut it is time that we should now advert to the portentous preparations that were going on behind the curtain, for opening the tuurth act with a joup d'ectat, which it was hoped would be a coup de grace to the North-West company.
The engagement by Lord Selkirk at Montreal, of about 140 of the disbanded soldiers of the laic De Afeuron and Wattcville regiments (Imund to serve also as militia men, in a country where there were no militia laws,) and a necessary compli- ment of officers, liis obtaining a body guard of a detachment of the 37tli rei^^inGnt, and the embarkation of the force coi.iected at La Chine, witli heavy artillery, in the beginning of June 1816, where they were marshalled in full uniform to the sound of the drum and the bugle, are events of proof before you, which need only be men- tioned to siiow how unequivocally they imlicate the long previous premeditation of the blow, " the shock of which was to be felt from Athabasn to Montreal."
In the Statement it is asserted, page 62, that Lord Sciki k had no other intention, previous to receiving the intelligence of the disasters which had befallen his colony, than to proceed by way of Fond du Lac, the river St. I.'><us, and the Red Lake, and had no idea whatever of going to Tort William. We must be permitted to express our conviction that this is not true ; with few exceptions, the Canadian voyageurs he had with him were, we believe, only engaged to go as far as the falls of St. Mary, Fort M'illiam, or the Grande Portage, lie remained eight or ten days at the former p'^ce ; he had no more than about eight canoes fit for the navigation of the interior, and the w hole of his .stock of provisions, luj jors, &c. was in barrels, or in larger casks, which it was impossible to convey further than Fort William ; his cannon very heavy, iron pieces, six and nine pounders, could not be conveyed to the Red River, as no package exceeding one cwt. (the iisuiil weight of packages is 90 lb. each) can be sent to the interior country from Lake Su(x:rior, and these guns, after having been em> ployed in the forcible capture of Fort William, are .low at his Lordship's military post established about ten miles lom that place, and which, in gratitude fc the essential services he has derived .om the De Menron soldiers, he has dignified witis the appellation of .Point Mcuron. Some of this ortillrry, with a quantity of warlike stores, his Lord5hip had received at Druuunond's Island, whither, along with a lot of provisions, tlicy had been sent from Buflaloe on Lake Erie. Every one acquainted with the country and the inhabitants, knows that to proceed with very light baggago by the route of Fond du Lac, through Ree<ly and Sandy Lakes (names sufficiently indicative of their shallowness and difliculty of navigation,) to the Red River, is an arduous undertaking for an unincumbered individual ; to allege, therefore, that with all this |x)ndcrou$ api)aratus of vrar, this unwieldy material, it was originally intended to pursue such a route, is supposing either that thwe who are to be imposed on by such a tale are the merest drivellers, or else that the parties themselves who intended it were more imbecile than we believe they will admit themselves to be.
If I^rd Selkirk had not a previous plan to seize upon the stores and property at Fort William, which it can hardly be believed he had not, he greedily seized " the " gloiious golden opportunity," and made the occurrences in June i8i() the pretence 'or his subsequent lawless proceedings, in the same manner as it is probable had those not taken place, he would have made the expulsion of his colonists the year before a cloak for his premeditated outrages.
All the circumstances connected with the taking forcible possession of Fort William, the military occupation of that place, and the various other violent acts of Lord Selkirk and his adherents during the winter of 1816-17, have lieen otliciaily made known to you.
Language fails ns to convey the indignation we feel at tlie flagitious transactions of that period. If any thing could equal the infamous iniquity of prostituting tho magisterial authority, to serve the base purposes of uudignily and avarice, it would be the mean and paltry arts practiced to entrap Daniel Mackenzie into the famous sale and submission, wliich liave been so properly considered as nullities in essence and eflect.
The depositions you have taken, the evidence before you, and your own personal investigation of these matters, preclude the necessity of our entering into any further detail ol them ; and it would have principally remained fur us to advert to the com- bination
RED RIVER SETTLEMENT.
bination and concatenation of all these circumstances with the conspiracy which ab initio was formed for the ruin of the North- West cotnpany, were it not that its acm^ fn the capture of Fort William, the dispersion of the partners and clerks, and • the postPjsion of all the books and papers there, belonging to the concern, is so apparent and glaring as not, we think, to require any illustration.
A few words must now be said as co the occurrences in Athabasca and English River, in the winter of 1 816-17. The steps taken in those dopartuients on the part •cf the North-VVest company, were purely those of prcvcn'.ive self-defence. The narratives before you, of Mr. Archibald Norman M'Leod, and of Mr. John Thomson, iiced only be referred to ; the alarm naturally excited through the whole interior country, anjongst the people of the North-West company, especially when augmented by the open exultation of Mr. John Clarke, acting for the Hudson's Bay company, and Lord Selkirk in Athabasca, and of others on other occasions, at the capture of Fort William by Lord Selkirk, and the avowed intentions of the Hudson's Bay company to take our people prisoners, and send them away to t!ie bay, were most decisive causes for acting upon the principle of prevention. The plainest and most undeniable principles of self-preservation called for these counter-measures of policy, which will, in every poitit of view, stand the test of a contrast with the proceedings of Lord Selkirk and his adherents; the deluge seemed pouring in upon ihem, and being put in jeopardy by the flagrant and flagitious outrages which had taken place, the Athabasca people found themselves compelled to prevent the wider range of destruction contemplated and menaced, by paring the claws of the wild beast, and manacling his destructive powers of rapine. When Biackstonc (book 3, chap. 1, the title of which is, " the redress of pi ivatc wrongs by the mere acts of the parties,") admits, " that there are injuries of such a nature, that some of them require a more " speedy remedy than can be had in the ordinary form of justice, and that there \i " allowed in those cases an extra-judicial and excentrical kind of remedy," it applies of course, to the civilized and populous counties of England ; and if even there, where at least every ten miles the authority and power of public justice can be resorted to, it is admitted, that there such cases as will allow of " redress by the mere act of the parties," a fortiori, must that principle be admitted in Athabasca, thousands of miles from >iuy civil jurisdiction, and in a case where delay w is de- struction, and forl)earance suicide ? It any irregularity have occurred in these pro- ceedings, the individuals concerned will be ready to defend themselves. We are not over fond, as our noble opponent does not hesitate to do, of taking liiings upon our own responsibilittf ; for, notwithstanding the unremitting endeavours that have been used to blast our fame, ae have still some character and credit to lose; and will only further observe, on the measures that have been pursued by our partners and friends in the northern departments, ' .at we hope and trust that suflicieni and substantial justice will be done to us, so as that we may not have to repine at our long sutTering and forbearance in other quarters, or to regret that we have not made, as was at ail times in our power, main forte and basse upon all our adversaries.
The only remaining subject of remark, which wc wish to press upon your attention, is the extreme assiduity with which Lord Selkirk and bis adherents have disseminated, by every means in their power, their calumnious talcs, their false and lihcllous assertions, with a scurrility that is degrading to those who adopt it. Lord Selkirk is well aware of the power and influence of that mighty lever of |)ublic opinion, ;Iie press, and both in England and Canada has he profited by it, with a success uhich is manifest in the bias that so much prevails in the minds of men wherever his bane- ful productions have been circulated. Lideed, the .Attorney d neral lately stated to the Court of King's Bench for the district of Montreal, " 'Chat he would represent " to the Government, that justice, both to the Crown and to the individuals accused " of ofltnces alleged to have been committed in the Indian territories, required that " their trials should be had elsewhere, where impartial juries could be selected."
This prc-occupation of the public car is another feature of the grand conspiracy, of which the aim is to destroy our characters and fortunes. But we place full con- fidence in the justice anil protection of Ciovcrnment ; ma^tia est Veritas ct prcvakhit ; and we anxiously dare the utmost assault of his Lordshii)'s rancour, well knowing that we shall come forth from the crucible, like " gold twice uicd in the (ire."
I have the honour to be, &c.
(Signed) //'" M'Gillivray, The Hon"' W. B. Coltman, For self and the other agents of
Special Commissioner, &c. &c. &c. Quebec. the Nort-West company.
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PAPERS RELATING TO Til E
No. 3,-
Inclosure
(') 111 Sir J. C. Sli^r-
briHikc'sjOl ulJuljr
I818.
Copy of a Dispatch from Lieut. General Sir John C. Shcrbrooke, G. C. B. to the Earl Uathurst, K. G.; dated Quebec, 1st July 1818: — One Inelosurc.
^^y Lord, Quebec, ist July 1818.
I have the honour to transmit your Lordship, JK-rewilb, copy of a second confidential report made to uic by Air. Coltrnan, on certain local circumstances relative to the Indian territories; and I hen leave to call your Lordship's aticntion, particularly to liis sungcstions, as to the divisi<:n of tlie Red River territory between the two contcndini; companies, by an amicable arrangement between tlicm ; and as to the course of policy to be adopted Iwtween the half-brccds ; both of which jwints require the .serious consideration of His Mnjesty's Government, as 110 arrangcnieut could be made here wilh respect to them that, would be permanent.
•I have tiie honour to be, Sc. Fori Dathurst, * (Signed) J. C. Shcrbrooke.
&c. &c. &c. • . ■ ' • '
Sir, ..,.-..,.,.. 5 ,, Quebec, 20' i May 1818.
I take the liberty of again addressinu your Excellency, in conformity to what I had the honour of mentioninf; in my letter of ihe 14th inst. in order to communicate certain local circumstances relative to the Lulian territories, to which my attention was necessarily directed during my mission there, and which may perhaps be deemed worthy of some consideration in any final arrangement that Government may judge expedient to make, in regard lo the same.
At the period of my leaving Red River, in September last, tlie number of settlers, diietly Europeans, remaining there, inigiit be from 100 to 150 men, of whom many had families. It was principally 011 account of these |X'oplc, that I thought it right to give some cncoiirDgemcnt to the inclination existing on the part of the Saulteaux Indians, to convey a poition of their lands to the Earl of Selkirk for an annual quit-rent; the particulars of this transaction, and of the precautions I took to avoid the possibility of my comnntting Govtrunient, I have aheaily the honour of stating in my letter to your Excellency of the (itii Decemlwr last, and I now, therefore, allude to the subject only, lor the purpose of calling the attention of Government to the situation of these people, in whatever measures ma' be finally adopted respecting "tlie settlement; wIiciIkt it may be found advisable, as a matter either of right or policy, to leave it in one ijhiipe or other undjif the |/iotection of the Earl of Selkirk, to take under the immodiate care of Government, o' to remove the individuals to some other situation ; should this last measure not be dec;Tied advisable, some advantn ;C3 niiiiht certainly attend the leavirig it under the cure c*' the Earl of Scl'irk, pj tlie strong personal anxiety of his Ix)rdshi|> tor its success, would induce a ■•x\x\ and activity in promoting the object, which lii'w considerations couiu rvi^ifc In any other individual ; at the same time that the sentiments of public spirit, which had probably a share in first suggesting his Lordship's undtrtakiniis, might be deemed to merit some encouragement from government, should other circumstances render it possible to atleml to this consideration. The interests of the IJritish fur trade, as well as the political connection with the Indians, might also probably be best promoted by leaving this portion of tiie coinitry in the hands of the Earl of Selkirk, or the Hudson's Hay company; as the intercourse they are forming by thi; route of the Red River, with the Sioux Indians, throuuli the meilium of Lieutenant (Jolonel Dickson,
4 whose influence with that powerlul Indian nation is, I believe, well known to your Excellency,) may licrealtcr become an oiiject, both ol connnercial and political con- sequence ; an arningemeiit tor giviui; etl'ect lo ilicso ohji cts, (if not extended to tiie A>.>iiiiiboine River, or to the |)revcntiug the free navigition thence to Lake \V'inni|)ic,) niiglit be so formed as not to interfere with the necessary supply of provisiuns, w liicU must be C(jll('cted in the Prairie country, lor t lie use of those who have to penetrate to tlie North- West of the waters falling iiilo the Lake M'inuipic, tiie most valuable fur countiy; a trade which, should other circumstances be found to warrant such arrangement, could certainly Ix; undertaken wilh much greater advantage, both public and private, by the individuals now concerned in the North- West com- pany than by any other persons, both Iroui their capital, and local knowleiigc; and siill more lioui the organi/ation of a nunu'ious body of men fitted to (ill .every siiuatioi> required by a trade extending over so vast a >^pace. The arrange- ments lor a division of the country near Red River would be greatly fucilitateil by the actual dispo^itJonij of the ludians theuibclves; the Suuileaux who iniiabit the
country
R F D RIVER SETTLEMENT.
145
country immcdiittcly aijoining the Red River proper (he lands whereof arc under- stooii to be fittest for an ai»ricultural sctliement, appear decidp'llj favourable, both from interest und inclination, to such an establishment; whilst the Knistmaux, or, as lliey arc generally called, the Cree Indians, who inhabit the Assiniboine branch of the river, although rather jealous of the settlement, and universally acknowledged to be the origiuid proprietors of the lands which the Saullcurs inhabit only by sufferance, have, apparently from consideration of these latter, virtually said that they would confine tliemsclves to the country above the River dcs Champignons, a stream whioli falls into th;; As:^iniboinc, and not interfere with any arrangements which the Suullcurs might make ))elo»v that point. A division of the country of this nature, would also be attended with the advantage of affording to the respective partizans of the two contending companies a choice of establishments, in one or other of which all parties might probably find a satisfactory residence into whatever hands the trade might fall; a jirovision which seems tlictated as well by justice as prudence, in a case where many of the lesser offenders must be allowed lo have been rather misled than w ilfully guilty. At the same time, that the minds of the two parties have been so mucli inflamed, that it is doubtful whether they could remain long together without some danger to the public peace, notwithstanding the universal and ready obedience that has been hitherto shown to the Prince Regent's conmiands for the pacification of the country. Another object of material ccnsequpricc towards insuring the peace of the country is, that a selection sliould be made as early as practicable of those half-breeds w horn it may be thought proi)cr to fix upon as objects for example, in order that the remaining, being relieved from apprehension, may not he led by the suggestions of the more desperate to commit further violences. The greater number of these men have, as I understand, retired within the American territory, amongst the numerous and warlike Indian tribes inhabiting the banks of tlic Missouri; and I entertain very serious apprehensions, that if some steps are not adopted to rccal a portion of them, they will excite an Indian warfare which may prove fatal to the colony, as the actual disposition of the natives in that quarter would render this a work of no great difficulty. I also further apprehend, that if any number of the half-breeds are left |)crnianently in the territory of the United States, they may ultimately aflbrd the means to the merchants of that country to obtain a consiilerable shareof that part of the fur trade which has hitherto been exclusively Briti.sli; plans for which object I rather suspect to be alniady in agitation. Should Cuthbert (J rant be able so far to clear himself from liie more heinous otfences with which lie is charged, as to be at all considered a hi instrument for (iovernment to make use of, i!ii>t may be wished for wiih the otiicr half-lireeils, amongst whom his influence apji'Mrs very great, as I believe it iilso to be with the Cree Indians, from a coii'^idcrahlc tauiily belonging to which tribe lie is understood to he descended on his mo' iilc.
This consideration, combined witli many others, lia,'- i. ww prrceive«ith great satistaction, the intention of the Attorney General to bring to .,aeirly issue inc trial of Grant and the others accused ofthe murder of Owen Keveney. The''' liberate and cold-blooded nianner in which this crime appears to have been comiii.iled, marks it with peculiar atrocity, and totally distinguishes it froui the other ort'ciii s of the Indian country ; independent therefore of the general views of public justice, and which such an occurrence calls for tlie strictest and earliest investigation ; the same coursfc appears to me also urgently required, for the pur[)Ose of forming a correct general opinion respecting the occunences of the Indian coiuitry, by ascertainiu'^ whether this crime is to bi- imputed to tlie laxity of princif)les and sanguinary habi formed in the mind of a foreign mercenary, during a long course of warfare aii^l bloodshed, and called into action by the disturbed state of the country ; or whether it shall appear, that the general spirit of illegal monopoly, winch has been shown to have given rise to so many acts of violence and o|)pression on the part of the North- West company, can have led any number ot' individuals belonging thereto into a wiltul participation in a crime so atrocious as the present seems fioni the evidence before me to have been, as respects Cuthbert (irunt's character ; also, in consequence of his influence with those of his race, it appears to nie an object of nuiterial consequence to ascertain, w helher there is any reasonable grounds of suspicio' .gainst him, as it so, his general a|)pearance of frankness and generosity would render him only the inoic dangerous character ; whereas, if com|)lelely freed from this charge, the rest of his conduct appears natural and consistent ; for although exhibiting much blamcable and illegal violence, it is maiked in no other instance by circumstances of atrocity. i)ut on the contrary by many quite the reverse, whilst his otVeni'cs in general mUit he alkiv\(',f to be greatly |)alliuted t)y the sincere opinion which he seems to Imve entertained, that - 584. r p the
Mfi
PAPfeRS RELATING TO THE
the hftlf-broeds and North-M'cst company ncre the attacked niui injured parties; and iiis zeal and fidelity in the sorvicu bt tlie latter cannot but command some degree ot' respect, when it is considered that from the age of seven, when be was left an orphan by both parents, he has, till witliin tliese tew years, been protected and educated by tiM North-Wcst company, and has known no other friends and connections than them. A further cause of my satisfaction that the present trial is to be brought to an early conclusion is, that in the event of (Grant's acquittal, I shall feel it my duty to call tho attention of Government to the propriety of procuring further witnesses from the Indian territory ; as from a mature consideration of the whole evidence before me, e!)|)ecinl!y that which has been filed since my return from Lower Canada, 1 am salisilcd that the other principal c rges against Grant, especially tiiose for the murder of Governor Seuiple, and the ui. iiing of tlie colonial houses, cannot by any otix.r n)cans be fairly tried ; in what mode it will be proper to proceed in this case, my adiiiit of some doubt, as tlic witnesses required are (as to the particular charges in qiifstion) ra licr tor the defence than the prosecution. At all events, I thi..x it right on |M iiK-ipics ut naturnl justice to notice tlie subject, and at the same time respectfully point out pKioitiiereby afforded of tlic importance of bringing forward, at the earliest possible period, the trial of the great public niisdomcanors which have given rise to nearly ull the otTciiccs of the Indian country ; none of which latter can be fairly tried witiiotit some examination of those circumstances which would fully aftpear on the trial of the loadini; ({uestion above-mentioned ; the witnesses necessary for such trial would iil»() generally bu the same us those wliosc presence I think important for tlie fair trial uf the accused.
As in making this statement, I conceive myself to be doing a mere act of justice to liic parties concerned, I deem it unnecessary particularly to allude to what passed between me and those of Uic Imif-brccds who surrendered voluntarily ; although this lust consideration does, in my mind, appear to render it peculiarly my duty to watch that no injustice is done to them, either from inadvertence or otherwise. A copy of my letter to Cuthbert Grant, of tlie 31st July last, which contains tlic substance of every thing that passed between myself and the half-breeds on the jiresent subject, I iiad the honour to transmit to your Excellency in my dispatch of the 16th Novem- ber last, together witii general statements of the motives which had induced me to write it, containing, as it does, nothing beyond a general expression of my opinion, and a pledge to solicit the niercv of Government, in favour of those who may u'tj- mately appear free from the nxjn* atrocious charges} it appears to me unnecessary to trouble your Kxcellency with further details of the circumstances which led to my adopting tliis measure; but should the propriety of the proceeding at any time be doubted, I would request your Excellency's permission to bo allowed to state the various lacts stated tlierewith more ut length.
I feel myself culled upon, before closing this letter, to notice to your Excellency the general and unre^^erved obeilience paid by all classes in the Indian territories to the commands of the Prince Regent, conveyed in the proclamation of the third of May 1817; this sentiment uppeiired so universal, that probably neitlier party could have opposed it with any probability of success; at the .same time it is but justice to say, that neither of them, to my knoulcdt'e, showed any disposition to make the attempt; on tlic |)aitof the I'.aii of Selkirk, this was the more mf.rkcd, ns in all those (larts of tli'.- country wliich I visited in j orson, it was his Lord.-^hip who had to make restitution, whilst at the sauii time Ik :i|ipeured to pos.sess a physical force capable of overwhelming ull opposition, nnd must necessarily have telt much irritated by the violent manner in uhitli the Norlh-W'est company pioeeeded tore-occupy tluir posts. .At Lac la I'luie, where Mr. SImw arrived with the proclamation several days before I got forward, there was an absolute trespass and hreueli of tlie peace on the put of his followers, whilst at the forks of Red Uiver, the immediate destruction by their eattie, of u crop of barley which had been planted on the spot, ap|)earcd particularly irritating to the Earl, although peaceably acquiesced in by him on ascer« tuiiiing that, under the proclamation, there could in my opinion be no doubt of their stiiet right to rc-occiipy the silo ' . the post. Of his proceedings in these respects the Kail of Selkirk was very rie -irons I should grant him an lliciul ccrtilicate ; but with this request 1 have uliimately not deemed it proper to ciuiiply, without the pre- vious |ii'i iiiibsioii of your Excellency, parlieulurly as I nevei had occasion to make any order for tlie re.ilitution of any of the North-West con., any '» posts, the whole 1 avini; liceii lestored v\ithout contest. In the course of iIksc discussions., liis I,^)rd- ship luib cx^iiuincd to me lii:> iJcus, that althuuj^h bound in ihc tiijt place to yield im- plicit
RED RIVER SETTLEMENT.
147
pHcit obedience to the injunctions of the proclamation, yet that such proceeding was not to prevent him Croin attempting to obtain redress, at the proper time and place, for any injustice lie aiifflit .sustain ; his Lordship mentioned also the particular mode (if procccdin<^ whicli he had in view, to be a Ingal application to the Privy Couticil, {^rouniled on a wrongful exercise of authority by the Government of Lower Canada, within the limits of the proprietary Oovernmcnt of the Hudson's Bay company, by which means the question of boundary would at once bn brought before the tribunal where it must be finally decided, and before which his Lordship seemed tu think that the certificate he asked from me would so far establish the facts of the case, as to enable him to proceed without the expense of producing oral testimony.
These considerations tendinis, however, rather to increase my doubts of the pro- priety of complying with his Lordship's request, our intercourse ou the subject ended in my offering to submit the application for your Excellency's approbation, whenever the exact terms of the proposed certificate should be agreed upon ; and in my assuring his Lordship, at the same time, that I should not, in any event, fail in my report to Government to do justice to tlie uniform obedience to its commands, which I had witnessed on his part in the Indian territories, an assurance which I am the more anxious to call to your Excellency's attention, as the Eari appears ultimately inclined to rest satisfied with it alone ; another circumstance connected with the present sub- ject, to which I feel myself called upon, in justice to the parties, to bear my testimony, is the general moderate and orderly conduct of the men of the late regiment De Meuron, of whom not a single complaint of any thing approaching gross violence, was brought before me during my whole mission, a circumstance which I apprehend is chiefly to be attributed to the care and precaution of their ofKccrs, whose successful exertions in this respect, and particularly in guarding against the effusion of blood iii the various scenes of tumult at which they were present, must, I think, oc :onsidered as counterbalaucing, in a great degree, any minor errors into which they may have, been led by the warmth of party spirit.
There remains only one subject more to which I have to solicit your Excellency'!! attention, but this appears to me to be a matter of importance towards insuring the peace of the country, I mean the mode of giving effect to the processes of the late courts, on the various bills of indictment found : I have more than once represented to the Attorney-General, my serious apprehensions of the consequences that might attend the putting these processes into the hands of either party to execute against the other, and have reason tu believe, that he entirely agrees with me in opinion oir this particular ; but, at the same time, I could not feel justified in omitting to notice the subject in my communications to your Excellency, and particularly as I find tite minds of the North- West party much exasperated by a late proceeding of the Attorney-General in entering noli proscquis on most of the bills found against thci adverse party, a measure respecting which, I by no means intend to express any opinion, on the very slight infunnutiun I possess, further than that the natural ten- dency it has to produce mijconccptiun on the minds of the parties, joined to the known legal doubts entertained by many respecting the validity, subsequent to the dissolution of a Court of Oyer and Terminer, of the processes issued by it, and par- ticularly beyond the district in which it sat, appears to me to call for increased card and precaution, in the modes to be adopted for enforcing the same.
I have the honour to be, &c. His Excellency tf. B. Collmaii.
Sir John C Sherbrooke, G. C. B.
Copy of a Dispatch from Lieut. General Sir John C. Sherbrooke, G.C. B. to the Earl UaUiur»ti dated Quebec, 4tli July 1818; — Two Inclosures.
My Lord, Quebec, 4th July 181 H.
I Have the honour to transmit your Lordship herewith, copy of a representation made to me on behalf of the North- West coinpaiiy, stating several grievances to which tiicy ullcge tliat they have bwn siilyect by certain proceedings within this government, arising out of the contest lietwein them ami the Earl of Selkirk.
These stalcnuiits of the North- West company, in some degree rtfli-cting on tlio administration uf the colonial government, I deem it my duty tosui)mit them to your Lordship's consideration, suhjuiniiig at the sanii, time, however, copy of a reply, in my jiulgmcnt very coijdusive, which I luwc rcaivid from the Attorney General, to
•[84. whom
No. rA
148
PAPERS RELATING TO THE
.MliomI tho\i«lit it liolit to refer the rcpiTScntiition of the Noitli-Wcst coinpftny ; as tlie piicvanccs therein nlicfieii ii|)|)cari'(l to liuvu iiiisen from the |)roceedinp3 in -liie courts of criminal law in this province, of uliicii the direction and control rest Mitli that law olliccr. 1 have the honour to be, &e,
Inclosur*
(') ill Sir J. C. Slier- l>riioke'ii, of 41I1 July 1818.
1
1 I
The Right Hon. the Earl Uathurst, &c. &c. &c.
(Signed) J. C. Shcrbrooke.
Sir, Montrciil, fith June 1818.
The erent injnrv and Inconvenience to ivhicli tlie Nortii-Wnst company have been exposed by the abuse of legal process, in tiie course of the ditl'erences that have Jtttterly existed between that company and the Earl of Selkirk, and the probability of the continuance of the same sysiem. induces me, before leavini; the province for the Summer, to address myself to your Excellency, as the only source whence immediate relief can be ex|x;cted. I trust, that the magnitude cf the interests involved in these (lifterenccs and their importaiice, not only in relation to the paities, but also to the public, and even to the Government, niil be deemed by your Excellency a sufficient reason for tny trespassing upon your time.
A due rcgiud to the interests of the North-West company, and the respect which its members owe to His Majesty's Government, seem to them imperiously to require that an explicit statement of their grievances should be laid before your Excellency, so that on the one hand, they may not by silence, be considered to have acquiesced in tlie conduct which has been pursued towards them ; and, on the other hand, that arts of unprecedented oppression imder the colour of law, may not appear to have received the sanction of a (iovernment, at all times distinguished by its love of justice, and regard to the rights of its subjects.
It is not my intention at present to enter into a discussion of the merits of the cape between the North- West company and the Earl of Selkirk. Hapi)ily for that company, the proclamation of His Royal Highness the Prince Regent, issued last year by your Excellency, declares sufticicntly the sense entertained by His Majesty's (iovernment, of the authority assumed in the Indian territories by his Lordship's adherents, and of the aggressions at Fort William, planned and perpetrated by himself.
The countenance apparently given to his Lordship's plans by the provincial government before your Excellency's arrival, in granting him a military gnard, not- withstanding repeated representations against that measure; the permitting his I/>rdship to levy that military force, with which he proceeded to attack the North- M'est company ; the delay which took place in affording them any remedy or pro- tection, and subsequently the temporary interruption of their trade, in the stoppage of their canoes at the Fails of Si. Mary, by one of the special commissioners of inquiry ; all these are subjects of complaint which the North-West company conceive thay uiii^ht justly bring forward; but inasmuch as they arc now past remedy, I shall not intrude them farther upon your Excellency's attention, but shall confine my representation to those grievances which may still, by your Excellency's autljority, be redressed.
The North-M"cst company therefore, through me, respectfully beg leave to represent to your Excellency, that they are aggrieved; —
1st. Hy the delay which has taken place,, in afl'ording to the partners and servants of the North-West company, arrested at l'ort\\'illiam by the Earl of Selkirk, in the tiiunth of August iSU), un opportunity of establishing their innocence.
2d. Ily the delay which has taken place, in aflfording the like opjiortunity to the servants of the North-West com;i!Miy, stilted to have been present at the atlVay of the i()th .Fune 1816, near the lorks of the Red River, and by the long confinemtnt of soiiic of those individuals.
3d. Uy the issuing of bench warrants since the adjournment of the court of oyer and terniiner, at Montreal, in Fehiuary last, for the arrest of partners and servants of the North- West company, accused b/the Earl of Selkirk.
4th. Hy the institution of prosecutions in two diflerent provinces, against the partners of the North- West company, for the same alleged oUunces.
.Otlily. Ijy the entry of mli promqui upon the several hills of indictment found bj the grand jury of the district of Montreal, in the la>t term of the court of Kings liiuch, ag.iin:3t individuals in the service uf the Earl of Selkirk.
• The
RED RIVER SETTLEMENT.
'49
Tlie
Tlie arrest of tho principal partnere of the North- West company, at Fort William, by the Earl of Selkirk, at the head of an armed body of disbanded soldiers; his sub- sequent forcible occupation of that post ; the seizure and detention of the valuable ^oods therein; and the appropriation of a large portion of them to his Ix>rdship's use; the seizing of the books and papers of the North- West company; were nets at once violating tiie civil rights of the company, and wounding most sensibly the feelings of its members.
The gentlemen, who were thus treated as outlaws, were anxious to show, that the char<:cs preferred against them by the Earl of Selkirk, to palliate what could not be justified, were unfounded, tlicy caused to be conveyed to Montreal the witnesses nrcessiiry for their defence, where they have since been detained at a great expense ; and when, in April lust, there was reason to ho|)ethat the Earl of Selkirk would bo called upon to support his charges in a court of law in Upper Canada, the partners and servants of the Norlh-Wtst company, lost no time in proceeding to the seat of Government in Upper Canada, at great expense and personal inconvenience to them- sclvto. The documents, to which the Earl of Selkirk had so frequently referred in his written and printed papers, as serving to support those charges, were however detained in Lower Canada, and he had not given the necessary instructions to the Crown lawyers of Upper Canada to enable them to proceed to the trial of the individuals, who had been by him arrested, and either confined to gaol or held to bail in large sums of money, more than eighteen months before.
Great delay has also taken place in bringing to trial the servants of the North-Wcst company, stated to have l)een present at the affray of the 19th June 1816. Paul Brown and Francois Fidmin lioucher, were arrested so far back as the month of September 1816, and have since that time been kept in confinement; and, although in the month of October last, an instrument was passed under the Great Seal for removing tlie trial of these individuals to Upper Canada, they are still detained in the common gaol of Montreal.
The trials of Paul Brown and Franf ois Fidmin Boucher will bring under discussion the afl'air of the 19th June iSifi ; all ihc witnesses material for the defence of those individuals, will be likeu!^ required for the defence of the persons indicted at Montreal, for the same alleged ofVencc.
The inconveniences and exjiense to which the persons accused will be subjected by this course of proceeding is manifest.
The same observation applies to the accusation of the Earl of Selkirk against the partners of the North- West company, for conspiracy, and destroying the settlement nt the Ueil llivcr, the trials of scvenil of the jwrtners of the North- West company upon this charge, having olready been ordered to take place in Upper Canada.
It is also to be observed, tiiat the North- West company have various charges to prefer against tlic Eurl of Selkirk, which can only legally be brought to trial in Upper Canada.
The issuing of bench warrants, since the adjournment of the court of oyer and terminer, at Alontreal in February last, for the arrest of partners and servants of the Nortli-M'cst company, accused of ofTcnccs by the Earl of Selkirk, is a measure to the effect of which we pray the attention of your Excellency.
At a lime when the limits of tho Indian territories, and the extent of the juris- diction conferred by the 4,3d of tiic King, are unsettled, and must remain so until the subject is known lieic, it was not to be expected that warrants would be sent into the interior.
The extreme injustice of such n measure will, I trust, be opparent to your Ex- cellency. Tiie Norlli-\\'fst comi)iiny .sec in it u continuance of the system of oppres- sion under colour of liiw, from which they have already suft'cred so much ; of the same system which dictated the seizure of the provisions of the Nortii-West company in the year 1814; the interruption of the communication of tiie Red River, in the year 1816; the capture of I'oit William in the same year, and the subsequent detention of that |)ost.
And they the rather indulge the hope, that the Government will not lend its assistance for the advancement of the projects of tlie Knrl of Selkirk, as the nature of those projects is so fully developed in tlieaffidaviis taken lietbrc the Commissioners of Inquiry. .
584. Qq The
m
PAPERS RELATING TO THE
Iiiclofure
(i) in Sir i. C. Sher- liriiokf's, u( 4th Jul)' 181S.
\
The circumstances under which a noli pnuequi Mai entered upon tho several bllli of indictment t'uun<i by the grund jury uf the district of Muiitreal, in the lust term of tiie court of King's bench, anainst individuals m the service ot the lliidsun's Bay company, nre fully detailed in a letter which I had the honour of addrettsiufi to the Attorney General and Solicitor General upon tliis subject, to the accompanying copy of which, I bc" leave to refer; and I cannot refrain from expressing at the same time, the great surprize and disappointineut with w hicli I have IcHPni that, notwith* standing the reasons stated in that letter, a meutiure lias been adopted, the manifest operation of whicl: is to cast an additional aspersion on the North- West company, by its being made to appear that tiieir indictments against titeir oppressors have been unfounded, and theretbrc arc quashed by tlie Attorney (icneral ; wliilst on the other hand, the accusations against them and tlieir servants are favourably received, and the proceedings hostile to their cause readily sanctioned.
In concluding this letter I have earnestly to entreat of your Excellency, that some time and place may be lixcd, at which the trials, as well of the persons in the scr- vice of the Earl of Selkirk, guilty of oftcnces in the Indian territories and in Upper Canada, as of the partners and servants of the North- West company, accused by the Earl of Selkirk, may be had, that the partners and servants of the North- West company may no longer be subjected to vexations and unnecessary expense, and may look forward witli confidence to the termination of the system of oppression under colour of law, from which they have sutfcred so much.
I have the honour to be, &c. To his Excellency (Signed) /f " M'GlU'mray. •
Sir John Coupe Sberbrooke, &c. &c. &c.
Sir, Quebec, 1 ()th June 1818.
I Rkoret exceedingly that the business before the connnission of oyer and terminer, has prevented mc sooner answering your letter of the l itli instant, inclosing «nc of tho 6th June, from William M'Gillivray, contaiuiiig u list of grievances com- pluiuetl of by the North- West company.
It was unnecessary to have troubled his Excellency with so full a detail of the conduct of the Earl of Selkirk at I'ort William, as no proceedings can be had in this province uptjn that subject; his Lordship is already under recognizance to appear at Sandwich, to answer to any prosecution that may be instituted against hiu), and th^ Nortli-\\ ckt company must be too well advised, not to know that a civil action is the only means by which they can obtain redress for the loss of provisions and merchan- dize, !^aid to have been seized by the Earl of Selkirk.
The North- West company complain of the delay which has taken place in prq- ccciiing against the partners and their servants arrested at I'ort William, us also aguins those stated to have been present ut the Red Uiver, when Governor Semple and the colonists were put to death.
At the Court of King's Bench, held at Montreal, in March 1817, prosecutions were instituted against tlie partners and servants of the North- West company; immediately after the finding the bills of indictment, petitions were presented praying on the part of the prisoners, that their trials might he ordered to take place in U,^oer Canada. The discussion of this sul)jc<t in the colonial council, the necessary con;- niunicaiion with the upper province, u|)on a measure for which there existed no precedent, necessarily occupied mucit time in November last, when the tinal approval of His Majesty's Government was n()laiiic(i from England, instruments under tlic great seal of the province, were sent to Upper ("anada, transniitting the coses of |)elitioner3 to that province for trial ; at that ticnc the private prosecutor, the Eurl of Selkirk, who alone possessed the evidence in !9up[)ort of these prosecutions, was absent from this province, since his return his time has been very nuich occu|)ied with the sittings of criminal courts, both at Quebec and Montreal.
Whatever delay has taken place, appears to me to be attributable; First, by the course pursued by the persons accused, by obtaining the removal of their cases to Up|)er Canada ; Secondly, to the delays ottending legal proceedings novel in their nature ; and I'hirdly, to the prosecutions in the lower province, requiring the atten- dance of the private prosecutor, and tlie witnesses ; and I must beg leave to add, that the partners and servants of the North- West company, have been admitted to buil, w iih tlie exception of tlie three principal culprits.
The
m
RED RIVER SETTLEMENT.
».ll'
The
Tlie partners of the North-West company represent, tliat they nrc aggrieved hy the issuiPi! of tlin bench warrants, since the ailjourniuent of the court of oyer and terminer at Montreal, in Fcbioary last.
At the court of oyer end tciminer, held nt Montreal in February, and again by aHjournment in May, several bills of indictment were found against partners and servants of tlie North-West company, whose cases had not been sent to Upper Canada for trial. As these persons had never been in custody, bench warrants were necessarily issued to apprehend them.
In answer to the fourth subject of complaint, that prosecutions in two different provinces had been instituted against the North- West partners fur the same alleged offences, I would beg leave to remark, that no such prosecutions have been instituted by me.
The partners of the North- West company complain, that they are aggrieved by the entry of a. noli Jtroxqui upon several bills of indictment found by the grand jury, against mdividuals in the service of the Earl uf Selkirk.
In January lust, Miles McDonnell, John Spencer, Colin Robertson, James Ryan, John Uurke, Michael Iluyden, and I'atrick Corcoran, piesented a petition to flis Majesty's representative in this province, stating that tliey had attended at Montreal to meet accusations preferred against them by tlie Noith-West company, and prayed that a special commission should issue for the purpose of trying them, which was granted. Notice was given by me to tlie North- West company, that such commisaion would open at Montreal, for the purpose of trying those persons, and that all offences alleged to have been committed by tlicm, must be prosecuted before it. Ojlls of indictment were preferred against some of the persons, and not found, when the legal advisers of the North-West company declined sending any other bills before the grand jury, but wished to continue the prosecutions commenced two years back, agoinst Spencer and Robertson ; which would have left tlicse persons liable to atten- dance at Montreal, to answer accusations which the special commission was appointed to try.
It appears to me that it would be unjust further to require tlie attendance at Mon- treal of Miles M'Donnell, John Spencer, Colin Ilobcrtsoii, James Uyan, John Burke, Micliael Haydeu, and Patrick Corcoran, as no accusation remained against them upon the close of the commission ; I tliereforc conceived it my duty to enter a mli pto^equi upon any bills of indictment standing against them before the other tribunals.
As tlic letter of Mr. M'Gillivray contains little more than the argument and ob- servations used by the legal advisers of the North-West company, whenever the con- test between the two companies appears before tlie legal tribunals of this country, I should not have thought it necessary to have answered so much in detail, had not liis Excellency, by your letter, desired me so to do, particularly as I feel that the pailners of the North-West company have no well-founded cause of complaint.
They must be sensible that ample justice has been done them, as far as tlie pro- ceedings in tiic liuliun territory have been investigated ; and I hope that in future tliey will nut avail themselves of the ingenuity of their legal advisers to ctimiuate Uis Majesty's Government and its officers.
The letter signed by Mr. M'Gillivray concludes earnestly entreating his Excellency that some time and place may be fixed, at wiiicli the trials, as well of the persons in the service of the Earl of Selkirk, as of the partners and servants of t^ie Nortli-West company, accused by the Earl of Selkirk, may be had. A number of indictments are at present standing in the courts of Montreal, against the partners of the North-West company ; I am informed the partners intend to come to Lower Canada, upon the close of the Summer, for the purpose of taking their trials.
From the activity of Ixith parties in producing prejudice at Montreal, I sliould think it more consistent with the correct admitiistrution of justice, that the investiga- tion of the alleged otHjiices should bo made in this district, and am therefore humbly of opinion, that notice ought to be given to both parties, tliat a commission would issue, to sit at Quebttc, in October next; by that time tlic witnesses and defendants will have returned from the interior ; and it appears to me the most ctVuclual and satisfactory weans of bringing the investigations to a close. ^,,^
I have the honour to be, (Signed) Norman F. Gerald Uiuacke,
Attorney-General.
584.
i
•53
PAPERS RELATING TO THE
,r^
No. 37.
COPY OF A LKTTFR from LicuL-Oeneral Sir Jolin C. Slicrbrooke, G. C. B. to the Earl Datliurst, K.(J. ; dated Quebec, aotli July 1S18 : — One Inclusurc, viz. . Mr. Coltiimn's Ueinjrt relative to tlie Disturbuncus in tlie Indian 'rcrrituries.
My Lord, Quebec, 20th July 1818.
I HAVE the honour to transmit your Lordship icrewith Mr. Coltmun's general Statement and final Report, relative to the disturbances in the Indian territories.
This report is so full and explicit, that any remark from nie would be quite super- fluous; and I therelbre merely refer your Lordship to it, as containinj^a circum- stantial account of the rise, progress, and occurrences of the contest between the Hudson's Bay and North- West companies, wiiich led to Mr. Coltman's appointment and mission to the Indian territories. I have, &c.
\ Tothe Earl Batliurst, K. G. (Signed) J. C. S/iabrooke.
&c. &c. &c.
Inrlosure in Sir J. C. Slier- Lrotike'ii, of lotli July 1818 ; vi/. Mr. L'oltiiian'a Report, &c.
Previous to, and during the course of the years 1810 aud 1811,
On the 2glh .^Jiiy ibii.
A general Statement and Report relative to the Disturbances in the Indian Ter- ritories of 15ritish North America, by tiie inidersigneii S|)ecial Commissioner for inquiring into the Ollences committed in the said Indian Territories, and the Gircur^-jtances attending the same. (Signed) ir. B, Collman.
STATEMENT, according to the order of time, of the principal occur- rences relative to the recent disputes between the Hudson's Bay and North-West companies, which appear to me, the undersigned Special Conmiissioncr, to iiave been substantiated by the evidence taken before me, or to have been admitted by the parties in the respective oflicial statements transmitted me, by the legal agents of the Earl of Selkirk, of the 1 8th February, and by the agents of the North- West company, of the I4tli March last, or in their gcncnilly acknowledged publications under the titles of " Statements respecting the Earl of Selkirk's Settlement," and " Narrative of Occurrences in the Indian Countries," and which appear to l>e material to the elucidation of the causes and circumstances of the late disturbances in the Indian territories.
1:
K. B. — Whenever the statements in the publications have been relied on, thuy arc specially referred to, and (with tlie exception of the bills of indict- ment) the few facts resting on general notoriety, and personal knowledge, which it has been found necessary to notice, arc mentioned as such.
IT appears according to the evidence before nic, supported by the frequent assertion of the principal facts in the publications of the North- West company, ami the tacit ad- mission thereof, implied by the silence of the oj)posite party, that the Earl of Selkirk became proprietor of /^. 40,000 capita! stock of tlie Hudson's Bay company, w hich (tw their whole stock is i-tated to be £. io,-,,(ioo, and about /|. J,'], 000 thereof to be held by I'emales and minors) gave liis lordship a predominant influence over the proceedings of the company ; in consi^rpience, several ofthc old committte (whicii budy have tl-.e general management of the company's utl'aiis) resigned and made «uv for his Lord- ship's relations and friends ; the purchases were originally begun in coiijimction with Sir Alexander M'Kenzie, a principal partner of the Noith-West company, who was to have one-third, and the Earl two-thirds of the amount purchased ; these parties however soon disagreed, but after some threats of a chancery suit their disputes were compromised.
A grant was made by the Hudson's Bay company to the Earl of Selkirk of a large tract of country, for the olleged |)ur|)ose of forming an agricultural si'ltlcmeiit to supply their trading servants with provisions, the company retaining to itself the right of jurisdiction over the said tract, which has since been calieil the di-tiii t ot Assini- boin ; the boundaries ti;ereof may be seen by reference to the annexed Abstract, marked No. 1 , taken from the map published by the North-West "onipany to accom- pai<yth','" Narrative of Occurrences in the Indian Countries," and the p.uticiilars more .fully ascertained bytbcXbstriict marked No. 2, taken from the map publi'^hcd with "the
" Statpnent
R i: I) RIVER SETTLE M Y. N T.
15.1
*' Statcninit rcspocliiiij ilic Knrl nf Solkirk's StttlcniPiil." 'lliis prant was stroii^ily Inrlniiirf (/|i|iosutl by till llie proprii'loi -i ot' Hudson I'.uy stock, coiincctcM witli llic Noith-Wcst '" '^i'';'' *'• -'^'"r- compuiiy, some of whom nit; lulniittccl in llie " Nuiriitive' to liiivc purcliiiseil llicir |[r ^^'i^; v'l'/. stock for thut exprtiss pur|ioHc. Miiny ollur admissioiw, more or less direct, of the m,. folimiin's facts Atatcd by tlie opixmitt; purlics, rc^^ardinn this part of the subject, «ill be found Kepori,&c.
in their respective piibhcation» ; nnd froni these n(hnission«, and the evidence before ^- '
Hie, no doubt cun beentertiiined, tlitit ii spirit of decided opposition towards the in- tended estublisiiment of iin nijricullurid settlement, wns enteriuined by the principal pci'sons in London conHccted h illi the Nortii-W'est company. 'Jhc motives lor this Jiobtilc feelin;;, it is more dillicult fairly to estimiilc. On beimlf of the Hudson's llay company and tlic Karl of Selkirk, it is contended in the " Statement," that it arose fcolelyfrom the interested fears ot injury to the fur trade; and an apprehension of this nature npiK-ars, in fact, tobeadmitled in some (li"f»ree by tlie declarulion in the protest Ui^ainst the ^rant, 'that coluni/ntion is at all times unfavourublu to the fur traile ;" the evidence of Ibrmer servants of the Nortli-Wi^st company, has also biien broui;lit before me, to prove the apprebensious of the partners of that comjiany, that tiic esla- blis' nient of the colony would materially injure their trade, especially that of Mr. John I'ritehard, a clerk in cliurne of a post on the Assiniboin river at the period of sijili kUy iSn. tlie first establishment of the colony, who (Deposition, No. 1 2;]) itutt'S expressly, thut it was llie <{eneral opinion of the partners in that (pmrter, thut if the colony suc- ceeded, the result Mould be to form a nursery of servants for the Hudson's Hay com|)any, and thereby enable that company more cirectually to oppose them in trnde, exclusive of aiVordiiis; such facility for adventurers to get into tlie country, as must •
destroy tlie species of monopoly established by the North-West company; and that in conuetjuence, altliou}>h individually well-dis(iosed towards the colony, he felt it his duty, as lonn us he rtmuiiied in the North- West company's service, to op|)ose its interests b} :ll fair means, and especially by buyinir up all the provisions be could get, which ho did to a considemble extent in tlie winter 181.J-14; (this last measure i«, however, by other evidence, stated to have been rendered necessary by the evenu of the American war) ; he also slates his belief, that the post of Pembina, w hich had been abandoned two years before, was re-cslablished for the purpose of opposing the colony in the purchase of provisions, and his knou led^e, thut Alexander M'Donnell, in charge of this |)ost, did so oppose them; other tusliniony (Deposition, N° 131) has also been brought before me, of declaration made by the said Alexander M' Don- nell, of his fears of ruin to their trade, in coiiscf|ncuce of the great reduction in the price of all supplies, especially spirits nnd clothinjj, to be looked for from the luturc manufactures of the colony ; and in a letter of ifitli April i8i.'j, from James (irunt, at Tend du Lac, then a clerk, and iio«' a partner of the North-West com- jiany, of which an extract has been proved before me (Deposition, N" i(">7,) it is stated, " if the colony stands any time, it will render the Indians of this place so " independent of us, thut it will be nearly impossible to stand our pound with them.
On the p:irt of the North- West company, it is on the other hand contended, tliit independent of their ol)jecti(jns to the settlement, as fo'.indcfl on the assumption ol ;i right of territory (whereof they ileny the existence on the part of the Hutlsoii's IJay company,) over a country of which they have been in long previous occupancy ; of their eon.'ideiing it as a measure injurious to llieir interests as traders; dangerous to the peace of the country, ami likely to, produce only uiisiiy to the siitlers; they had before long reason to suspect that other views, besides the Larl of Selkirk's enthu- siasm for colonization, had given rise to the project, and vterc gradually convinced that the establishment of the colony \ is (as is expressly stated in the " Narrative" published in London, where the alarm appears to have been first taken) only 11 pre- snih Mjy iSn. te:xt to induce settlers to emigiate, and thus introduce into the country at an incon- siderable expense a sutlicieut nuuiber of persons to ciiTry into eU'ect tlie jjlaiis of aggrctsiou and competition contemplated a<iainst their trade. In proof of llicse assertions, .he evidence of .Mr. Samuel II. Wilcockc has been brought before me, (Deposition, No. 102,) who states himself to have been employctl as a contidentiul assistant by the agents of the North-West coinpuny in London during the present <lis|)utes, and as such to have luid a kno^\ledge iroin information, and belief of declarations made about the period of t!ie grant to the Karl (;f Selkirk, at the public meetings of the Hudson's ilay coiiijuinv, of hostility towards the North- West com- pany, and of the resolutions of the new committe'e to enforce the rights of their charter. The same person also further proves the communication by Sir Ahxaiulcr
584- R r ^Mu'iizie
•54
!• A l» i:US U r. I. ATI N (J To T II K
llull>^ur• III S,i .1, t'. Sh»r- liri.iiki'it, III 'Jiitll .*' ly i8itt ; MX. Ml. CiiUiiiiiii'i l>i )iiu t, ter.
jKlli Mnv 1811.
In Junr 1811.
Ill .\ugtisll8ll.
M'Kc'ii/io lo llie Noitli-\Vi'*t com|mny, us cuily lis A|iiil l«Hi I, of his siispicioii.i of llif liD-tilc viiw.s ol till! I'liil (if Srikiik. Tin; hlioiniiM \ntH>\, howevtr, that tliu siis|)i('i(M)s ciitcrt.tiiii'd oiicacii mIiIu ut'ic not uillioiit aihim' liMiiidHiioii, i» to bu tontul ill t lit* interaptiHl li'ltor of Siiiiuii M'(iillivia), the |>iiiu'i|ml Nmlli-Wftit ufjciit in Luiuloii (liuUil ()tli April i8i'J,)u (^<>|>y ^luaot wiis duly proved l>florv nic (Depo- sition, No. 10,),) niui in cciiuin extracts of that of tlie i'.ari of Selkirk (iStli Junu 1 S 1 J,) »iii(-li were proved liclore ino (DejioHition, No. 104,) to hove been tnkrn from an oiiji^iiiiil letiir Itv S. il. Wilcoekc ; ns liiis ueiitieinun ftpenkH however only from Ulii f to iIk; liiiiid-uiirin;; ul the Kurl, hisi te>tiiiioiiy isi neco.-Hrily to lie received ^itJi some <uiilioii, till mi entire copy of tiu! litter duly proved is produced; for Hltliouj;li no probalile doubt of the existence or Kciiiiiiiene>>8 of the letter exists in my mind, yet potsiljly ollie:' piissaue.s in it nmy inatennlly tend to <xpluin those cxtriictcd. In the ioinicr of these letters by Simon M'(iillivi-ny, nddiessed to the uintcrini! partners of t!ie N<^llil-^^'e^l compiiny, arc to be found the follovvinji observations ; — " '1 he cuiu- " niiltee of liie liudson'h Itiiy company is at present a ineie inacliiiie in the Imnds of " Lord Selkirk, wlionppeais to be so' iiiiich wedded to iiis schemes of colonization " in the interior of North America, that it will reiiuiie some time, nnd I tear cause " iiiiieh expcn:ie to us as well us to iiimself before he is driven to abandon the pro- " je(;t, and yet /ic must In: drhvn to abaiuhn if, lor his sucei ss would strike nt the " very existence of our trade." And umiin, " In refjard to the proposed expedition " to the Columbia, 1 conceive it to be us much a matter of mrcessiiy for the North- " Wvii company to follow it up, as it is to prevent Ix)rd .Selkirk liom establishing " colonies on the Red River." \\'liilst in the extractof the letur slated to iinve been urilien by the Earl of Selkirk to Mr. William Ilillier, n prineip^il aficnt of the Mud- sous IJiiy coiiipany, are to be lounil the followinj; words : — " Von must ijive them " .solemn warniiif^ that the land beloiif's to tlie Hudson's IJay com|)any, and that they " must remove iioiii it ; after this warning tticy should not l>e allowed to cut any " tiiiilicr, either for buiUlin<; or fuel ; what they liavc cut should be openly and " forcibly seized, and their buildings destroyed ; in like manner they should l)0 " wuiiied not to tish in your waters, and if they put down nets, seize tliein as you " would in Hni;l.md those of a poacher. We nre so fully advised of the imimpeach- " able validity of these ri^iits of pro|)crty, that there can be no scruple in enforcing " them whenever yon have tlie physical means."
^liles M'Ddiiiiell, formerly a cajitain in His Majesty's regiment of Royal Canadiaci \'<)luiitcers (by tlie title of whicli military rank he appears chietly to have been tlistiniiiiished in the Indian country,) was ap|)oint('.d by the Hudson's liay company ^^ovrriior of the district of Assiniboin, anil proceeded u few days afterwards for the same by the way of Hudson's liay.
This appointment, it appears however nearly certain, wns never approved of by the Kins;, in conformity to the Act of the "th iiiul Sth William ;ld ; and it is admitted by liiiiisclf (Deposition, N* 1 12,) that he diil not take any oiillis of olVice, owing to th(ie [» in|^ no persons aullioriMtl to administer them on his arrival within the limits of the district, as he came out to form a colony, and not to one already existing.
Miles M' Doinicll, after havini» lieen detained tiie first winter on the sea coast, in Hudson's liay, arrived ul llie Ibrks of Reil River, and on or about the 4th September insiiiii^, caused the ;;rant of the tenitoiy by the Hiidson's Hay company to the Earl of Selkirk, to be read, toi^cllier with his own couiiiii-sion, as governor, at a public meeting called by him for that purpose: this proceeding was nt tlie time generally iinderstooil both by the N'oith-\\'est coiiipany's people and tiiose Canadiaiw, who liMving completed the ongancnients under whicii tiiey were originally brought into the liuli.iii country, continue lo live there under under the name of " heeinen," as a public declaration on bi half of the Karl of Selkirk and his agents, of their exclusive liiiht to the soil and natur.il prcjdiiets of the country; and by testimony before nie (Depositions, Nos. loS, top, 113. iic.) afipenrs to have created a pmtiul uneasiness to the freemen, nnd to have been still iiioic obnoxious to the North-West company, whose inferior servants were forbidden by the partners and clerks to attend the pulilie meeting. No iininediate elKcts appear however to have followed from these im- pressions; on the contrary, it is udinitled that the North-West company during tlie liist winter (ciliier from motives of hiinianiiy or views of jKilicy, to establish an interest amongst the settlers to the pii jiidice i.l iuvk own ollicers) furnished supplies ol' provisions to the colony, win re there wa.^ much distress from want thereof; and tiiit Alexander MDoniicll, who was in cliarg.- of the Noriii- West company's post,
near
n V. 1) II I V ]■ II S i: T T L F. M V. N T.
V^V
Jirar nliioli Milts M' Donncll Hintticc!, iip]iciii<;(l for some time to live willi him on Imlnsiir* (lie inoxt tViciully nnd iiitimiitc tootiiii;, as wns luitiirHl, from their liiiii>; l)Otli coiitiiis in Sir .1. C. Mirr< niid hrotherviu-law ; the lirnmni tilno, iiiul their rhilHron hy Iiidiim Momcn, who ''f"i'l(«''>. "f k'iIi torrn the hulk of the |«)|)iilnlioii eiilltd " half hrreds" or •' inelifjt," und somclimcg d'li' i\.u1,!,J,'^' " l)oiH-hriiile^" findinp llitil no prncticnl exercise of their cxchisivc richts whs at- Hepcirt, \c.
Itiiipted, mill exp(riencin}» (he ndviintnues to he d( rived from un iimicnlile trudc nnd ^ -.^,— -- -'
intereourse with the settlers, np|K'iir to Imve become well diMiosed lownrds tlie colony. ISiicli seems likewise to huve Wen iit ull times the generiil dlspogition of the Saultciir Indians, who ocenpy the country in the immediate ncighbonrhoud.
The first open dccluratiuu-uf ,iQ^llollsy or coolness hctween Miles M' Donnell nnd in April 1813. the pi'ihons in clunj^e of ttio Noith-\Vc'!*l compiuiy's post, took place at IVmhimt, iti con»e(|iience, uccorilin<{ to the xtutcment of the snid Miles M' Dunncll (Deposition, No. no,) tt( his hu\in){ icccived proof on oath, tliut Alixandcr Ai' Donncll und John Dujjuld Cunicron, u partner of the N'ortli- .\ est company, were endcavouriim tu inveigle away the servants, ood &ow- dissatisfaction and dibunion umun)z tliu settlers; and having; iiTso learnt, that persons in the service of the North- West company were usinj^ language to excite the Intlians against the colony.
In sii|)port of the lirst chorjjc however, he (irfidncedjiQ-CiidaiCSi to me ; whilst on Itohulf of lliu North-VVcst company, there is tiled (Deposition, No. i.^j) the oiiginil complaint niade by him to the agents of the company, with copies of the <le|M)sitions whereon it was founded, and the correspondence between them relative thereto ; from these it certainly does not appear to ine. Ilint an a(ic(]nalecase is made out to support the elHirgeoFahy geiTcraT pinn of seduction, paiiiculaily when c(Hisidered in conjunction with the numerous com|)lainl8 by former servants of the colony, of tliu many privations and hardships to which tla.y were exposed, imd of the severity nnd oppression exercised towards them, in conscipience whereof, one of them by name .Magnus Ileissmaster, apjicars jirobably t(j have lost his life; these jiersons were ^iiril 1813. l)roiight before me as witnesses on behalf of the North- West company, and niany of them neknowledge their having made application for relief to that company, but deny any knowledge that overtures v^cre, at this period, made to any one, ulthoiigli some partial encouragement apfiears to Imve been given to individual complainants ; several of these, from their declarations, ajipear to have had just cause for their coin[)laints ; and on that of one of them (.John Teeny's) a bill of indictment has been lately found against MilOs M' Donnell. The only person actually brought out this year in the North-M'est company's canoes, was one John Walsh, .nid he was sent back from Fort \\'illiam, on uccouiit, as is stated on behalf of the North-M'cst company, of his having left a wife and child in Ued River, but os stated by Miles ^I'Doiinell (on infoiination which he declares to have received from one of the Norih-West partners, and to lielieve to be true) for the purfiose of covering their designs of enating a more general desertion ; in the ensuing year 1^14, it docs not liowever appear that any person was taken out by the Noilli-W'est coin|)aiiy except cue, .fames Toomey, who was previously ascertained to have linished his service, nnd to be iVce from debt or obligation of any kind. \Vitli regard to exciting tlie Indians, the charge appears at tliis period to rest on stTH weaker gionuJs, licing sii|)|i()rted cliiotfy by surmise, and reports at second hand; whilst any knou ledge tlitieof was denied by the Indians at their I'lihlie na fling witli inyself, and the reports jis far as related to liiinseir, positively contradicted by Mr. .lohii Piilchaid, one of t!;e persons charged as having taken part in these practices.
Miles M'DonncU issue*! a proclamation as governor of the territory of Assiniboin, On ilie 8tli .I-mniv stating the necessity of providing for the support of the families then forming setde- ''''+• nienls on Red River, and of those on their way thither, nnd therelore forbidding for twelve months, the exportation of any provisions procured or raised within the ter- lity, except what might be necessary for taking to their res|)cctive destinations the trading parties then within the same; further directing, that all provisions so raised should be taken for the use of the colony, and paid for by Ri itish bills, ot iii<' cus- tomary rates ; and linally ordering, that any jiersons attcmpling to take out pro\ isions contiaiy to this proclamation, should he taken into custody, and prosecuted as the laws ill such cases tliiect, and that the said provisions, together m ith the craft or car- riages carry iiig them, and any other goods taken along w ith them, should be forfeited.
.'\ party of fifteen or sixteen of the colonial servants were furnished with arms and I" r>iairli iSi^. aniniuiiiiion by Mr. .lolin Spencer, commonly called the Sheriff, ordered to proceed under the command of Mr. John AVarrcn, to the plains of Turllc River, and told
,'>84. that
J 50
PAPERS R i: L A T I N (J T () T II E
Iiiclosure in Sir J. (.'. Slier- buuike's, (if '20th Jiilr i8i8; vii. M:. Coltiiian's U(f()oit, &c.
Ill May 1814.
that Ml". Alilfs M'Dorni'll would join them the ciisiiiiii; day ; pievioiis to anivh)" at their (Icstiniition they verc joincil l)y Mr. Miihnel M'l)oniHll, hiuI altcruiirds pio- cceded to an ei>c<>iii|)ment ol" free (.'Hiiiuliaii hidt-brced.s inul liMliiins, forinetl tor the purpose ol huntiii^. 'I'Im^ same cv('ni"ii Jean llaptisto Desmarrais and others arrived at the camp, witli two or tliree .sleds hcjiiaiiif; to tiie North-West coiupany, tor tiie purpose of taking in provisions ; the next niornini; these sled.s were accordinj;ly loaded witli meat, whereupon Michael M'Donneil and VVarren, cointnanded their men to fall in with loaded arms, and not to allow the ])rovisJons to be taken away ; the sleds were ronscquently unloaded, and the meat replaced on the scaflolds (the nsiinl motlc of keeping it in the Indian country,) and information was sent by Midiael to Miles Al'Donnell, that he had taken from the North- West sleds, the pro- visions delivered them by the freemen, and wished him to come to the place. Jliles M'Donnell said it was well done, but was little compared with wliat sliould be taken in a sliott time, and sent word lo the said Michael M'Donnell, tu dttaiii all the pro- vision* till his arrival ; what ultimately became of tliese provisions does not appear vcrv clearly bv any evidence before me ; but a bill of indictment has latelv iicen found against .Michael M'Donnell and Miles M'Donnell, on this charge, as princii)al and iiccossary to g'' 'i"j h.vccny.
It is fmiiier .staled (Deposition, N* 121,) that Mr. Spencer, in delivering out the arms, expresswl his hopes, that a good use would be made of them, and snbsecpientlv ilfclared to one l-'ranccs Knodit Delorme (Deposition N° 113) then in the service ')f the North-M'est company, that Miles M'Donnell was gone out with a resolution of li.ning provisions from the freemen, amicably if he could, but that if not he would take them.
Mili-s M'Donnell linding thut it was the avow«l intention of the partners and servants of the Nor»li-West co:jpaiiy, not to submit to his proclamation, and that a considerable number of liieii L'anadian servants, with some half-breeds and Indians, were collecting by them at the forks of Red River ; and he on his part, as appears bv other evidence, having caused his men to be trained to the use of arms (a jiractice vhieli api)ears to have been adopted by him in a greater or less degree from iiis first arrival in the countiy, and to have tended to excite feelings of jtalousy against the settlement,) sent out an armed party, provided with two field-pieces, to intercept a part c* the \orth-West company's provisions expected to come down the river Assiniboin ; this party was afterwards increased to about fifty persons, completely ariudt and in uniiorm; and Mr. John \\'arren, who commanded the same in .Miles M'Dui.ncirsi absence, gave orders (Deposition, N°i2J,)that in case any of the Nmth- A\'('st boats or canoes proceeded down the river, and did not come a.il)orc on tlie ceutinel's firing (.is they were directed to do) over their heads, that the field -pieces should lire upon and sink them; this order howevei the men appear to have been un- w iliiu!.^ to obey : and on applicrttion to .Miles M'Donnell, he tuld them the Canadians were such cowards t!iey would come on shore at the first shot, and that he had no vi-h .'or bloodshed. Intelligence of this proceeding having been early given to the Xorth-West company by .\le\aniler .M'Lean, one of the principal setiU'is, an cx()ress was sent by them, to stop the provisions, and in consequence .Mr. John Spencer, the Sheriff, went up by '.\aler with a small armed party, to look for the same, but after some days search found only one em))ty boat, and the men «ho had conducted it down ; these hitler, named Portras and Saueisse, both fiee Canadians, he made prisoners, ;ind t(Jok tlicm down tc .Miles M'Donnell, who tlireatcned to send them tj iludson's D.iv, and e;;u!|ielled on • of them t(j declare on oath wheie the provisions were con- eealed ; whcicnipon Spencer was aiiain sent up "ith a party, and brought them down to Mill's .M'Doiinells store ; op tl'.is chaige a hillof indictuient has been lately found against Spencer as principal, and Miles .M'Doiniell as accessary, to grand larceny.
\r .Iiinc 1814. Mr. John Sjiencer, above-mentioned, having been s.-nt up with an armed force to
the North- NV'cst post, at the innttionof tlie Kivers .\s^ini?joiiii and Lii Soiiris, where tlicir principal supply of [jiovisions had lieen collected iogether for greater safety, ref|iiriil the surrender thereol .0 lim, in virtue of a waiiant from Miles M' Donnell, wliich being reiu-eii, he ibrcibly broke into the said post, by cutting down the stoek- acies, and drawing 'iie staples of tiie store door. The provisions thus taken, were pardy conveyid to the lluii.on's IJiiy post in the neighbourhood, and jiartly t.iken down to .Miles .M' D-'"iiei!, at the Forks. On this charge a hill of indictment for f:r mil larceny was found against .'ipcncer, so I"ng ago as September 1 Si "J ; but it is ad.nitkd by the Norlli-Wcst co!iip,my, in the " Narrative," that as he might have acted unler a misajjpreliensiun ot aulhuiily, there would be a failure in provini{
M;w 1814.
!lED RIVEIi StTTLfiMEI^^t.
h7
(June 1S14.)
•RgainH him the felonious intent. Shortly after this occurrence, Mr. House, in the Inrlos'ure' service of the Hudson's Bay company, who had been present at the time, was made j" ^'J f ^- ^^*'' ^M-isoncr by Mr. Duncan Cameron and others of the North- West company, who /^ *g*Jg. '"^ previous to this period, are stated (Deposition, No. 1 1 3) to have induced their servants Mr. Coliman's t.iiefly by threats, (for mucli unwillingness in this respect appears to have been expressed Ucp'Tt, in-. hy the men on both sides,) to take up arms, and had prolwbly in view, to intercept Mr. .Spencer, witli the provisions he was bringing down. M iJes M' Donnell states, at least, that having been led to suspect it, he went out to meet and protect him, at the head of a j)arty,witli twoiield-pieces, liaving uisohimsclf apparently in view, to procure the release nf Mr. House; a battery HfiS likewise erected about this tune toobslruct the passage of the river near I'ui t Doughs, and two North-West canoes couiing np the river, weredo'- tained and (iisarined. From these and other hostile measures on each side, matters appeared drawing towards a violent crisis, when Mr. John M* Donald, commonly called " i3rasC'rociie," a brother-in-law of Mr. William M'Gilliviay, arriving, an amicable set^ tlen;er.t took place; Mr. House was released, and it was agreed that 200 bags of pemican, equal to Uttle more than a third of the quantity taken, should be retainc<l by Miles McDonnell, and the remainder restored to the North-West company, on condition of their supplying ao equal quantity of provisions to tlie colony the ensuing winter ; but some little deviation from the original bargair having afterwards taken place, it dues not appear quite clear, what were the exact terms carried into execu- tion. Miles M' Donnell, in his deposition, states mo^t positively, that the measure of embargo was adopted by him solely from the necessities of the colony> to which lie was led to expect an accession of nearly two hundred persons in tlie course of the year,' and that it was by no means intended to injure the trade of the North-West company, or connected with the difficulties to be expected by them, from the loss of the 13iitisli ileet on Lake Erie, which he did not learn till after issuing the procla- mation, and that he had in consequence frequently informed the gentlemen of tliat company, that it was not his intention to enforce the prohibition to its full extent. On the part of the North-West company it is stated, that the supply of provisions from Ued River was indispensible to tlie subsistence of their people; that tlie loss of the fleet on Lake Erie, rendered them more dependent than ever thereon ; and that the same must have been known very sliortly after the date of the proclamation, and long before it began to be acted upon ; and proof is given of dilierent violent and fiostile declarations made by Miles M' Donnell and other officers of the colony, or Hudson's Bay company ; viz, of a speech by Governor William Auld (Deposition, No. 114,) to the servants and settlers assembled at Red River; that whenever required to fight, they must do so, and not think what was right or wrong, but what ^re tlie company's orders, and that if directed to taKe the North-West company's f .^ions, they must not refuse. Of threats by Peter Fidler, a principal factor of the Hudson's Bay company (Deposition, No. 11 9,) of flogging and loss of wages, for refusing to take up arms ; of a declaration by Johti Spencer (Deposition, No. 130,) whilst pre- paring cartridges for the fieid-pieccs, ** that he was making them for the damned " North-West rascals ; tliat they had run too long, and that tliey should run no *' longer;" and of promises made by Miles M' Donnell (Deposition, No. 1 19,) of a pension to any man who might be wounded in action against tne North-West com- pany ; and of a bounty of three pounds to each man on taking up arms ; of a decla- ration by him that there was no law in tliat country, but the law of the strongest ; and that he could not get on without that lieing the case ; and a further declaration on the first boat-load of 3ie captured pemican being brouglit down to his stores, that it was a good beginning, and that in u little time he would drive the Nortli-West company out of the river.
T
)
I
Miles M'DonncU on his part further states, that he had received directions from fhe Hudson's Bay company in 1813, to appoint counsdluis and other otficeis Jorthc colony, by commissions issued by himself, on tlie previous iioiiiinalion of the cop.i- puiy ; and proves also (Deposition, No. 112) certain extracts Iroin letters of the Earl of Selkirk to himself, of which the most material, dated Stromticss, I3tli Juno 1813, states, that satisfactory progress had betii made in ascertuinin;^ the rights of jurisdic- tion, legally vested in tlic company, but thiit it would require delicate manngcmcut to tukc advantage of them; that full instructions could not be sent out by the couipauy that year, and consequently great caution must be usrd in asserting these rights furcibly, especially towards the North-U'est company, w ho would be glad to cotch nt any flaw that could bring them into discredit with the pul-lic ; that means would be found of bringing their legal riglns to n fair trial before the supreme tribunal in
^84. S s England,
\
Inrlottirp in Sir J. Ci^ber- liritukt's, (\f toih July |8|8| \ii. Mr. .Cikllioun'i 1U|'0»|, *fi-.
(iune 1814)
In July 1S14.
i
■ r
i
15B PAPERS RELATING TO TriE
Epgl^nd, ^nd in the «tcantiin« any exercise of JMrisiiiction must beconBoed to «liat wu« ^ttic.tily ucqca^^ry, and any »lc|> carefully avoided that could give a tmnctle to aiis- rcprescntiiii; i^^e^e {irQceedin^^s, ^s directe«l to siuister objek:t8, and |)articularly to ,thc jinyidiuu* |Mirp9sc8 pt jmonopuly, and concludes with tltc i'oUowing iMacticitl di^JG^uD* :
" A very material point, whicJi appears to be established beyond all doubt is, that " every person witiiin the territories of the lludi«on's Hay conipany, is under their " jurisdiction. Therefore, if any of the Nortii-west [)cople should attempt any " violent aggression within tl)e hounds of the settlement, ur against the settlers, you " need not scruple to lay hold of them, and proceed against them as you would " against any oflender among our own people. If they keep at a tolerable distance " from the settlement, and do not interfere with your internal affairs, you will not " seek a quarrel with them, but you cannot allow thoni to insult the settlement, or to " trample upon your authority. If the servants of the Hudson's Hay company " should claim your protection and redress, against any illegal violence of their auta- " gonists committed within the limits of your government, you cannot refuse to " interfere, and the delinquents should be brought to punishment in the same manner " as if they had attacked the settlers ; but you must take care to deal with perfect " impartiality between the servants of tlie two ccmpanies ; indeed, in all cases of *' collision with llie North-West people, it will bo advisable to be very sure of your " ground, and have a case well made out before you take strong measures." Of these extracts it is proper to remark, that as the original letters were not produced, nor even a declaration made by the deponent that they contain the whole substance of what is said on these particular subjects, they must necessarily be received with some caution till that is done.
An order was published by Miles M'Donnell, forbidding i»c hunting of bufiiilo on horseback, under the penalty of three months iu\pi isonuitnt for the first offence, and forfeiture of the horse witn a similar imprisonment, for the second. Miles M'Donnell states (De|)osition, No. 1 10,) that he adopted this measure in coiK^c^uencc of havbg cspericnccd tbe pernicious effects of some of the free Canadians m d their half-breed sons, (several of whom he has been informed, and believes, were employed by the Nortli-West company,) thus running the butliUo, wbereby they were driven to a great distance, and the settlers, as well os the larger proportion of freemen, who had not hunting horses^ wore deprived of the means of subsistence ; the Indians also com-
Silaining thereof, as driving tlic buffalo towards the lands of their enemies, the Sioux ndians, where they could not pursue them without danger ; tb9t from those causes, having frequently before discouraged the practice in conversatioi\ he was led (with the concurrence of several of the partners of the North- West company,, with whom ho had mpdc the arrangement for provisions) to issue the order above-i«entioncd, which was translated uito French, and the salutary cftfects thereof explained' by two of the partners and one clci;lf of tlie North-West company ; that it was therefore with the utmost surprize, that he found the measure subsequently to the arrival of Mi'. Duncan C'aui(;run, the ensuing full, made a subject of accusation against himself, and rcpte- sentcd to the free Canadians and half-breeds, as an infringement of their liberty. The fact of its bging so considered, oppcars by u variety of other testimony, and also t^iat it was one of the principal causes which rendered the freemen and half-4)reeds (amongst whom it appears by Deposition, No. 1 13, for some time to have excited great alarn.) inimical towards tlie colony, inasmuch as it is stated by different witnesses, not to be at all times practicable to ensure a supply of buf!iuo, without following them on horseback; other pretensions of Miles M'Donnell, aio also stated as having caused dissatisfaction, such ns forbidding the inhabitants of the country to bark the trt es, as customary for covering their houses ; to take the larger trees for tire-wood, or to encamp neai* certain parts of the river for the purpose of fishing; a& to which, although Miles M'Donnell states, that he never made any such orders, there can be no doubt, from the various evidence on the subject, that claims of tho kind had been advanced in a way to excite jealousy and suspicion; nuiiierous com- pluints have idso been brought before me, of the difficulty experienced by the inhubi- tiuits of every class, in obtaining any regular account of tlieir dealuigs with Miles M'Donnell ; and of the injury caused them thereby on the other liand, evidence has { l>rcn laid before me, for the purpose of showing, that previous to the measures taken, tills season by Miles M'Donnell, against the North-West company, proceedings of an hostile nature had been adopted by them, particularly in ordering their hunters to drive away the cattle from tlie colonists; but iudv'|>cud«ut of thu fact not being
stated
RED RIVER SETTLEMENT.
1S9
gtated by Miles M'Donnell (whn, if true, had the best means of knowing, and the Inelasure' greatest inteiest to show it,) and of the direct evidence produced of the parties '" Sir J. C. Slier- having apparently continued on good tenns up to the period in question ; the same jI,k, "I's • v?i witnesses who are produced to prove the adoption of this measure, so universally Mr. C'Qitmnn'*' attribute it to Mr. Duncan Ca'iieron, who is otherwise indubitably shown never to i'.eport. *c.
have come to Red Uiver till the difficulties about provisions tooic place, that there "^^ — "'"^ ^
can be scarcely a doubt of their being mistaken as to the date ; and on tl)e whole, it ' (-^"'y *8i4) seems evident, that up to this period, there not only is a want of evidence (which seems indeed to be tacitly admitted in the statement by the Earl of Selkirk's legal agents of the t8th February lust) to prove tl>e adoption of any measures of open and ' dcliberiite iiostility towards the colony on the part of the pei'sons at..ing for the North- ' West company ; but on the conti .ry, it appears to mc, that much moderation had \ been shown by them in resisting the pretensions of Miles M'Dunnell, who, besides | the overt acts already stated, advances in a correspondence proved before me (Depo- sition, No. 152,) the exclusive rights of the Hudson's Day company to tlie teititory, ' government and jurisdiction of the country in the most direct teniis^ and states in substance, and fur the most port in these very words, that he and his people were the government party, and that the North-West people were bound td acknowledge , bubjection to them as such. It is also stated, by one witness (Deposition, No. 107,) \ that about this period, Mr. Still, a clerk of the Hudson's Bay company, who had becu in England the year before, declared he had often dined with the Earl of Selkirk, and that his Lordship was determined to take possession of his tbrritorj, meaning the lied Uivcr ; that his people could not establish tli« colony without provisions, and / tliat those that were found within their territory, ought to belong to them. It appears / also, ' y two or mure witnesses (I)e{>06ition9, No. 107, iij. &c.) that during the presei. or previous summer, the surveyor of the colony in laying out some lots foi' settlements, insisted upon running one of his lines through the middle of the garden of the North-West company's post, which after some opposition was submitted to.
Alexander M'Donnell, after the 45th annual meeting of the North- West partners On the jth August at Fort William, addressed a letter, whicn has been duly provetl before me (Deposi- '*'♦■ tion, No. 123,) from the portage La Prairie, about the height of land, to Mr. John "1 M'Donnell before mentioned, containing the following expressions : — " You see myself " and our mutual friend Cameron, so far on our way to ccmmencc open hostilities \ " against the enemy in Red River ; much is expected ti'om us, if we believe some ; i " pcrliaps too much : one thing certain, that we will do our best to defend what wel ' " consider our rights in the interior. Somethhig serious will undoubtedly take place. N " Nothing but the complete downfall of the colony will satisfy some by fair or foul " means. A most desirable object it it can be accomplished, so Itere is at them with .! " all my heart and energy." This is the first and principal overt act of that conspi- | rncy, which the North-West company are accused of having formed at Fort William^ tor the purpose of destroying the colony at Red River, conformably to tlie advica given them two years before by Mr. Sinwn M'Gillivray.
The principal additional evidence, Avhich has come before me in support of this charge, exclusive of the admission by the North-West company, of the warrants issued by Archibald Norman M'l^od, against Miles M'Donnell and others, and of the authority given to the partners going to Red River, to offer a passage and provi- sions to ITpper Canada to any of the settlers inclined to avail themselves thereof, is contained in the deposition of Rlr. John Pritchard (No. 1U3,) who states, that on his arrival at Fort William, ho found the North-West people in gene-' much enraged «it the arrangement which had taken place ut Red River, especially the principal ogcnts and partners, Mr. Wi'liani M'Gillivray and Mr. Archibald Norman M'Leod, the former of whom declared that it was not the value of the pomican, but the insult offered to tijc North-West company, which enraged thehi ; and added, " During thirty " years that wc have been conducting this business, it has been my province rather to " check the violence of tlic younger men, than to nrgc any one to act ; it is the first " time tlic North-West company has ever been insulted; towards the latter part of tlw " business, you appear to have l)een disposed to do yourselves justice, had it not liccn " for the arrival of that unfortunotc man," alluding to John Rl'Donald, his brother- in-law; and afterwards on his ( Pritchard's) observing, that had they proceeded to violeiKC, many lives might liave been lost, Mr. M'Gillivray replied with a sneer, " I know Miles M'Donnell letter ; he would not have burnt a priming." And that in a subsequent conversation, Archibald Norman M'lxwi told him, that he had acted like a coward in not sliooling Spencer, when he took tlic pemicant That on another
584. occasion,
)
/
i6o
Idclotare '
iu Sir J. C. Shcr- bnioke's, of 2olb July ij|8 ; vii. Mr. Coltnian's Uepiirt, (tc.
\. ■: ^ '
(jllv August i»l^)
PAPERS R r. L A T I N G TO T H'E)
occnaioii, M'Lcod made some inquiries of him respcctinj( the manner of issuiiig vftur^ rants ; and that he saw hhn push one Ixjui? Bloixleau out of the hall of the fort, for rcfusinj; to take an oath (which fiKt is also copfirmed by Blonileau, Deposition, Na 284, with many delaiisj and that the same oath was afterwnids administered ti» several others in hia presence, b«'in<» read out of a priiitc<l book ; that he believes it uii<;ht be the ordinary oath of a constable, but that the pur|K)rt was explained to the paities, to be, " that it ()ound them to obey the con)man(ls of their bourfredis, and* *' exempted thetn from any consequence that mis^ht accrue therefrom, for wliich the " bour{;eois alone would be responsible;" that from all these circumstances he was led to suspect measures of violence were intended to be adopted ngahist the settle- ment, and was even told by Alexander M«l)onnell, that they would bring out ^^iles M'Donnell in irons. Hut on his (Fritchaal's) arrival at Montreal, he was fi»rther informed by Donald McKenzie, a confidential servant of the North- West company, and brother of Mr. Kodcrick M'Kenzie, ot 'I'erre-bonne, a partner of that companv, tiiMt it was the intention of the company to seduce as many of the settlers at Ketl Kiver as possible to join them, and after thus diminishing their means of defence to raise the Indians of Lake Rouge and Fond du Lac, to act against and destroy tlie settlement. Mr. Colin Hobertson, a principal agent of the Hudson 13ay company, f tales also (Deposition, No. 167,) that he received similar information towards the end of September 1814, from Nlr. Robert Logan, a former clerk of tlie North- West company, particularly as to the intended employment of the Fond-du-Lac Indians ; as Hkewiscfrom Donald M'Ktnzie aforesaid, with the addition, that Daniel M'Kenzie, Uie person in charge at Fond-du-Lac, had been instructed to employ the Indians of that place against the .sctllement, but had declared to him, that if the company chose llicy might make use of the said Indians, but that he would not be concerned therein.
Katawabctay, an Indian chief from Fond-du-Lac, has however stated before me (Deposition, No. 402,) that Daniel M'Kenzie did offer him all the goods at Leach. Luke, Sandy Luke, and Lac-la-Pluic, as an inducement to make war upon the English at Red River, l)ut that he refused doing so, as already declared by him at Drum- niond's Island. It is true, Ihj stated this to have been in the spring of the year 1 8l6 ;' a circumstance wliich w»s much dwelt upon by t^a North-West company, who proved ( De(K>silion, No. 403) that Daniel M'Kenzic was not at Fond-du-Lac that spring, and also produced evidence of Katawal>ctay having denied to them, his having made the <Jeclaration imputed to him when read as printed in the *' Statement ;" such denial, bowexer, even if true, arising probably from some expectation of immediate advantage, or from fiear, is little to be relied n|K)n; and the error of date appears merely acci- dental, as he refers to his former declaration, where the date is stated correctly.
Daniel M'Kenzie himself, in his letter to the Earl of Selkirk, in coRsequence- whereof he was liberated from confinement and allowed to proceed to Montreal, nndcr the idea of his being found u necessary evidence for the Crown (a copy of \Vhich letter has been proved before me (Deposition, No. 280,) says nothing on this particular subject, although it is affirmed by Mr. John Allan, the medical attendant uf the Larl of Selkirk, that he liad expressed much anxiety relative thereto whilst in confinement.
following circumstances, bearing on the charge of a prc- in the year 1S13, a deserter of the name of Walsh l»avin<» been brought from the Red River settlement, Mr. William M'Gillivray found much fault thcrew tth, on the principle that tlie colony ought to be disorganized on a more general scale, to cover which mtention he was sent back ; that in summer 1814a con- siderable present of provisions and liquor was given to tlie people who came to Fort William from Red River, although a|)eriod when the utmost economy was requisite, from the Americans being in possession of the Up|)er Lakes, and that Mr. William M'Ciillivray made a speech to the men, dwelling much upon the unjust proceedings (hat had taken place ; that a present to tlic amount of £.60 or upwards was sent to Mrs. M'Lean, hi consequence of the proposal of . 'r. John \rDoiiuld, the brother- in-law of Mr. William M'Gillivray, as she was fiiendly, and wished well to the North- Wcst rompany ; and that Mr. Duncan Cameron was made a captain in tlio Vojagcur corps, in order that lie might command captain M'Donncll in Red River,
This la&t measure afipcars by other evidence to have been adopted under the sanc- tion of a letter said to have l)een written by E. Brenton, the civil secretary, to Sir <jeorge Prevost, dated a7th May 1814, ordering that military rank should be given tu any person in (lie Indiau territories whoin Mr. Williatn M'Gillivray shoidd*
recomroeud
He states however the vious conspiracy : — That
II ED niVER SETTLEMENT.
I6i
recommend ; in consequence wlicieof the same was confirmed by a garrison order, in<<li)<itir)> issued l)y Colonel M'l)onncli, tliecommandunt at Michiliniacktnacic, uliiclnvas for- in Sir .1. c. Mier- wardid by the North-West company into the Indian territory durinijthe course of the '"■""l<''^s, of ^otli winter. Daniel M'Keiizie further states, that whilst in cliargr- of Fond-du-Lac he 'j^ir. CoUuLiJi received a letter from Mr. Duncan Cameron at Ked River, in the spring 1814 (evi- iicport, &c.
denlly »n error for iSi,*),) in which he mentions having orders to destroy the colony. ^ ^^ — ~^
Of t)>is letter a copy has been filed with me (Deposition, No. 240,) on behalf of the (5th Augmt 1814.) Hudson's Day company, as also (Deposition, No. ifiS) of another letter written by Mr. Duncan Cameron in March i8it), to the person then in charge of Fond-du-Lac, together with copy of a joint letter (Deposition, No. 168) from Duncan Cameron and Alexander McDonnell to their partners in the intcric., dated 24th February 1816, and extracts of one (Deposition, No. 167) from Alexander M'Donnell to the proprietors and agents at Fort WiUiam, dated 13th March 1816, and the whole of which appear to throw much light on the cpiestion of the degree in which the charges of previous cons|)iracy, and of inciting the Indians, are fairly imputable to tlie North- West company. __
' The fact, that certain individual partners endeavoured to induce the Indians to accompany them in the spring of 1815, is established beyond a doubt by other inter- cepted letters which have been proved before me. In one of these, Seraphim Lainar, a clerk of the Nonh-Wesl company, writing from Qui Appelle (the post in charge of A. M'Donnell,) Slh March 1815, to John Dugald Cameron at Bas dela Riviere, after speaking of presents made to some of the Indians, and of their being told, that without their assistance ii was doubtful whether the North-West company would be able to bring them in their supplies as customary, adds, " Hier au soir un " sotmatit un fiimeux guerrier et aussi ecoute (|uc craint est venu dc lui-meme otTrirses " services, et nous prouict entre 30 & 40 honnnes tant Cris qu' Assiniboines qui ssront " entierement h. I'ordre et il la volont^ de Mi'. M'D. Ce matin la manche de guerre " s'est deployt^e, et apres avoir fume il est parti avec le Tobac llougie (symbole de la " guerre). Ce nombre, surquoi on pent compter, est plus que sutHsant pour deptr- " rwyu/Vr Cartouche, et chassertoute la canaille de la Baye d'lludsou de la Riviere " Rouge; maisje crains qu' avant ce terns la ils fassent tons Icurs cfVorts pourse saisir " du capitaine Cameron, cc (|ui changeroit diablement I'opinion des natifs, et nous " mortificra tons. Je mc llatte que vous viendrcz avec quelques uns dc vos bons *' soldats, passer le printems avec lui. Pourmoi,i'ai I'honneur d'etre appoint^ chef " de la garnison de la Riviere la Souris, ou j'irai en cas d'attaque avant le terme ^' de la sommation expiree." John M'Donald, commonly called Fort Dauphin M'Donald, writes on the I2tli February to the same John D. Cameron: — " Our " friend, Mr. Duncan (Jameron, is in a ciitical situation, and am greatly afraid his " mad neighbour will commence hostilities, before he can have any aid from this or " any other quarter. Vou may rely on my being at the Forks as early as circum- " stances will admit. I hope to he able to raise, from thirty Indians, more or less, " to accompany me and my people ; this, with what can be recruited elsewhere, I " think will decide the contest ; a decisive blow must be struck, it will not answer to " do things by halves, we had enough of half measures already ; but we arc poorly " funiiahcd with the requisite articles to stimulate our allies, unless a seasonable " supply will bu forwarded from head quarters or Rainy Lake." Parties of Indiims appear also, in conformity to these letters, to have actually come down, both with Alexander M'Donnell anil Jolm M'Donald, after the opening of the navigation in 181,) ; the party with tlie former is slated in the deposition of John Pritchard (No. 187,) to have consisted only of seven Indians ; that these were however most of them chiefs ; but after visiting iMiles M'Donnell, and receiving from him an ex- planation of his views, they promised not to make war upon the settlers, as they inti- uiatcd they had been solicited to do.
The party with John M'Donnkl is stated in the deposition of Mr. John M'Leod (No. 144,") a clerk of the Hudson's Hay company, to have been about thirty; but tlicy did not arrive till alter the settlei-s were gone ; one of them, however, told him that they Imd come in consc(|uen('e of engagements they had entereii into with John M'Donald, to assist the North-West company to drive awiiy the settlers from Red River. M'Leod also states, that after the departure of the settlers, Duncan Cameron severely reproached, in his presence, an Indian chief, from Red I.ake (L'homme Noir) saying to him, "Do you not now feel ashanied of yourselves, for having " mistaken your o«n interests so fiir, as to have endeavoured to assist those Englisli " wlio came here, not to administer to your wants, but to seize your country, and 584. Tt spoil
iba
PAPERS RELATING TO THE
Tnclostire in Sir J. C. Slier- briiiike's, of 'lotli July |Ri8 : viz, Mr. ('uhiiiiin's Report, &c.
spuil your lands. Your conduct was calculuted to be as injurious to us hs to jourselvcs, yet we pitied your iuliituution ; and solicitous only lo provide for your liilurc welfare, have «lriven away those spoilers of the land, who, had they been prrniiltcd to c-tablish thiinsclvcs here, would soon ' ave reduccti you and yotu' children to a slate of slavery. ^^ e have obliged them »o quit your country ; if tliey return ajjitin, their fires shall be totally extinijuishixl ; and if you, or any (5ih Augutt 1814.) ■< oji,c,. Iiuliaiis take their part, you shall share the same fate." That after this speech he invited the chief to go to his fort, to partake of a treat he was about to pive, which the Indian refused, saying, " I feel too much sorrow for the loss of my " friends whom you have driven away, to feel any inclination to partake of your " treats."
The same facts are also stated, although less in detail, in the deposition of Francois F.nodit Dclonne (No. 113,) as well as that during the last of the disputes in 1815, he was himself employed, on behalf of the North-West company, to engage the Indians to fin: upon tlie settlers, and actually gave ammunition to four Indians on this condition. This last witness, it is however to he observed, is contradicted in so many in?^' 'ices by other evidence, that it seems right to receive with some hesitation whatcvt ts solely upon his testimony. At the same time I feel inclined to think, that all igh a cureless and inaccurate witness, he does not wilfully rni.stakc, and is therefore generally entitled to credit on those points which he deposed on his personal knowledge.
^ Such are the principal facts that have appeared before mc on the question of
\ a connected conspiracy for the expulsion of the colonists, or as lo the particular fact
' of a plan to incite the Indians lo destroy the same ; respecting bolli of which I have
■ thought it right to enter into full details, inasmuch as the former imputation forms
the foundation of the charges against the North- West company as a body ; and the
latter has been peculiarly dwelt u|)on in the correspondence between the parlies and
His Majesty's Ciovcrnment. On the whole, the impression on my mind is, that no
' sufficient proof of an illegal conspiracy, or of any concerted plan for exciting the
I Indians is made out.
I With respect to the latter in particular, notwithstanding the singular coincidence
i between the previous information of Donald M'Keuzie, and snbsequent declaration I of Kalawabetay, respecting Daniel M'Kenzie, I am of opinion, exclusive 6f any I hesitation as to Indian testimony, that nothing n)ore than loose conversations on the
subject have taken place bclv\ecn individuals, one of which has probably been
repeated by Daniel M'Kenzie.
The formal orders given at the meeting have probably therefore been confined to the execution of the warrants issued, and the affording passages to the settlers ; but at the same time there can scarcely be a doubt that it was well understood by tlie parlies, that every inducement was lo be held out to the settlers to adopt this measure. This last fact is tacitly, indeed nearly admitted, in the late statement of the agents of the North- West company, and probably such further expressions of hostility towards the colony, and wishes for vengeance for the imputed insult sustained by the North- Wcst company, may have been commonly used, as naturally to impress upon the minds of those employed the conviction declared by Alexander M'Donnell, "that " something serious would undoubtedly take place, and that nothing short of the ' " complete downfall of the colony would satisfy some, by fair or foul means." In estimating th" probable effect on the minds of tiie parties em[)loyed, of suggestions like those sup|;oscd, and indeed in some degree known to have been addressed to ihnn, it is necessary to consider their peculiar situation, both as a body ond as individuals. As a body, it is notorious that the North- West company ei.joy a nionopol)', yi( Iding, as appears by an intercepted letter proved before me (Deposition, No. 2 1 8,) even in some of these years of contfiitioii, a dividend of /|. 400 asharc, or ;^. 40,000 on the whole, exclusive of the large profits of the agents, and this founded not on any legal right, but arising from a junction of capital and connection, wliieh bus hitheito enabled them to overwhelm all competition. To effect this it is however obvious, that they must at all tiincs hold themselves prepared to resist, as it is publicly known they have done every attempt at encroachment, with promptitude and vigour, ns also that lliey have not in general been very scrupulous as to the legality of the means piirsuijd to accomplish an object involving the vital interests of the company. As individuals also, the sliuiiilus held out by the large share of the profits reserved to reward Uiose nho may distinguish themselves by their /cal and exertions in the
service
\
RED RIVER SETTLEMENT.
163
service of the company, naturally excites a spirit of bold and determined cntcrprize, luclmure wiiicli, whilst it liMH led to the extension of their triule nearly from ocean to ocean, "» Sir .1. c. sher- hus ut the suine time naturally tended to form an "esprit dc corps," little attentive •'roo'"!''. "f aoi'> to the claims and rij^hts of others, and much more disposed to inflict than submit to Mrf t'ol'tman's''' Mctj of insult or violence. A deteru'-ned spit it of this nature is slronf^ly exhibited in Report, &c.
many of the intercc|)ted letters proved before me ; this may however have been ^^ — '
partly formed by the local situation of the parties, esjjecia'ly in the more distant parts (sih August i«i4.) of the country, where, far removed from the protection of the law or civilized society, every man must feel his life to be, to a certain decree, in his own keeping, and to be best secured by a constant and open preparation for self-defence.
On behalf of the North-West Company, such parts of the present clmrj;o as are ntlniittcii, arc either justified or excused by the previous provocations received ; the necessity, cuing to the state of public affairs, of securing their supply of provisions from the interior, and their right of adopting every legal means of self-defence against an establishment, of which the inhabitants, instead of continuing peaceable settlers, had been converted into an armed force, evidently for the purpose of their expulsion from the Red River, and ultimately from the whole country. In answer to the ob- jections raised against the warrants being issued by a partner of the North-West company, and the presumption (which is much dwelt upon by the opposite party,) that they aimed at something Imyond legal redress, or would have sought it by an appeal to the Privy Council, they state, that the first was a measure of necessity, as at the period in question, there were no other magistrates for the Indian country, (for the truth of which fact, they tefer to the list of such magistrates, published by authority, probably meaning the Quebec Almanack, which is not, however, a work so published,) excepting the immediate connexions and dependents of one company or the other; and that, with regard to the latter, independent of the urgency of the evil, ivhicb would not admit of so remote and stow a remedy, it would have been an admission of Miles M'Donncll being a duly appointed governor of a British colony, which they have at all tiaies denied in the strongest terms. These ohservations, although plausible, do not, however, remove from my mind the impression ii^at the course pursued by the North-West company, was adopted rather from that general spirit which inclined them to seek redress from their private force, than from a de- liberate consideration of the motives now assigned ; the express declaration made by one partner, Mr. James Hughes, after his return to the interior, has indeed been proved before me to have been, " the North-West company will seek no redress " from the law, for tliey arc determined to redress all grievances they may suttcr, " themselves."
On the subject of the partial employment of the Indians, and still more generally of the half-breeds, by particular partners in the course of 1 S 1 5, no explanation is offered by the North-West company ; it is right, however, to observe, that these measures were not adopted till fui ther alarm had been caused, and provocation given, by the formal notices to quit their trading posts. -:=.
Mr. Duncan Cameron, a few days after liis arrival to take cliarge of the North- On tlie 5th Sep West post at the forks of Red River, arrested Mr. John Spencer, in virtue of the '««l>er "S^. warrant issued at Fort William against him, and the next day sent him off to Lac-la- Pluie. In passing Fort Douglas, the colonial servants forced open the store door for arms and ammunition to release him, but he would not allow them to interfere ; Jlr. Alexander M'Lean (who was evidently at this period an object of suspicion ia the colony, and one of whose daughters had been taken down for her education to Montreal by the North-West company) was also active in preventing them. lu the evening, as Cameron u us returning, tiic men again forced open the store door for arms to shoot him ; and it is stated by Dunctui Cameron, in a letter to Miles McDonnell, that one M'V'iccar actually fired upon him; but this latter charge is not cstablbhed by cviilcnce.
About this time it is stated by different witnesses, tliat Duncan Cameron called a public meeting of the freemen and haU-hreeds, and made liicm a speech, stating, that he was appointed ca[)tain, and Mr. Alexander M'Donnell his lieutenant, as it was apprehended the Americans niiglil come, and that he had a right to conimnnd everyone, not excepting captain M'Doiincll; and one witness (Deposition, X° 131) adds, that he also told them at this time, that the colonists were taking their lands, and that if they allowed tiieni to go on, they would soon become stronger than themselves, and drive them tVom the country ; and there seem'- r.o doubt, that .such
^.
581.
vepic'cr.tations
•rt4
P A P E n S R K L A T I N G TO T 11 E
Inrlomir*
ill Sir J. C. Sliff-
liiiMike,'*, uf lolh
.lirfy i8i« ; vit.
Mr. ('iiltiii.in'v
Iti'iiorl, iSc.
. I
<)o tlif lut OcU- Imt 1814.
rcprospntntions were made nt a snl)S(!(]iicnt period, if not on his first arrival ; as also, tliut diirini; the rotirsc of tlie aiitiinin uiul winter, l)C adopted every measuro in his power to increase his own influenee, uiui to diminish that of Miles M'Donnell, par« tictilitrly hy encoiirat;in<); the free Canadians and half-brccds to treat with contempt M'DoniuH's order res|)«!ctini; the running the buH'alo on horsebaclc, ordering his o«n hunters to «lrive away tlie cattle from the colonial hunters, and punishing, when in his power, any persons iippearin^ friendly towards the colony; this is |)articularly stated to lnive been done in the case of one Plante, who affirms, that after having been s«Acrely reproaihed by Mr. William M'Ciillivray and Archibald Norman M'lxoil, at I'ort William, for some slight services rendered Miles M'Donnell, Ikj u as scut down to .Montreal us a |)unislin>eut, (a journey, which by the original terms of llieir engageuK-nt, most of the freemen are liable to perform, and which is gene- rally held over their heads in terrorem by the North-West company,) and that during his absence, four horses and a cart were taken from him, and that on the settlement of his iiccuunt, u female slave, wiiich he had been led to expect as a present, was chai'gcd hiu) at eight hundred livres.
Miles M'Donnell, two days after his arrival at the forks of the Red River from Hudson's Day, scut a notice to Duncan Cameron, in the following terms : — " Take " notice, that by the authority and on behalf of your landlord, the Right Honourable " Thomas Earl of Selkirk, I do hereby warn you and all your associates of the Noith- " ^\'cst company, lo quit the post and premises you now occupy at tlie forks of ^' Red Uivcr, within six calendar months from the date hereof*
■.■■■•it
" Given under my hand at Red River Settlement, " lliis 2 1 St day of October 1814.
(Signed) " Mies M'Donmlir
Similar notices were sent to all the other posts within the district of Assiniboin, and like assertions of exclusive territorial right a|>i)ear (although the fault is not strictly proved) to have been made in various other quarters of the territories assumed to belong to the Hudson's ISay company. These notices arc stated by Miles ArDonnell to have bee«i sent, in order to prevent the Nortl>-West company acquiring e prescriptive right to ihe soil ; this view of tlie claim is not however at all noticed in the journal of Peter Fidler, a document of importance, of which ttie North- West company have tiled (Deposition, No. 164) large extracts before me, and who was cmploynd to deliver tlie notice to Do ncan Cameron ; at all events, in the relative situation ot the parties, whether the notice was to (juit at the precise time fixed, or merely to establish a future right, does not seem very material.
This being the first unequivocal declaration on behalf of the Hudson's Bay com- pany, or the Earl of Selkirk, of an intention to enforce the rights of the charter, and furnishing also one of the strongest proofs of an organized plan, or as termed by the North-W est company, of a conspiracy to expel them forcibly out of the Indian country, it may be necessary to adveit to the causes which dictated the measure, as well as to the view in w hicli it must have appeared to the opposite party.
Py the general tenor of the testimony before mc, and more particularly from the observations of the legal agents of the Earl of Selkirk, it appears, that the Hudson's Uiiy company virtually abandon tlie claim to those rights under their charter, which go directly to establish a coniuicrcial monopoly, or to provide for the enforccuicut thereof; but that sujiported by eminent legal opinions, they persist in their claim to the territorial and judicial authorities granted incidentally by the same, which in fact could they be strictly enforced, would virtually ensure to them the whole privileges of the charter.
The difficulties of enforcing the territorial rights ore however considerable, inas- niuili as aitliough tlie cIuums for the protection of the charter in general appear sufticiintlv strong ; yet it is stated in the " Observations," that the breach of the terri- toiiil liglits gianttd thereby, has been considered by the best lawyers as a mere civil trispHss; awA tli.u 11 lre^pass of tliis kind committed within the colonies, was not wi;hiii tlie cognizance ((f any of the courts of common law at Westminster. The IMvy Council, it is further stuU'd, though tin; proper court of appeal, would not take coirni/iiiice in the tirst instance, of a complaint against a private association of indi- viitiKi! . Hk(; the N'orlh-Wcst company, and the Act of the 4;id Geo. HI, cap. 138, even if applicable lo the Unison's ikiy territories, being limited to criminal cases, could nut utiurd any reUiess for u civil trespass.
. On
('ii!itOctoberi8i40
On
RED ni V Ell SETTLE M EN T. 165
On these grounds, Jlicrefoie, the legal njjents of tlie Earl of Selkirk argue, Tliat . '"clowrr
the only niodo in which the Iliid^on's liitv couipaiiv eoidd biinn their rights of 1" " '/ , ".^ .J ,.•',,, ,..,..- 11-1 1 1 !• 1 • orookes, iil ■tola
cxelusive lunucd pro|)crty and jurigdiction to u legal trial, was by enabling their juiy iSiH; vu.
governors to enforce the judgments of their courts, leaving the North-We^t company. Air. Culiniun'si or any oiliers deeming them.stlves oggrieved, to Hp|>eal to the Privy Council ; that Report, &c. consequently, the Hudson's iJuy company has taken every step consistent with its lights fls a chartered botly vested with jurisdiction, for the purpose of appealing as early as possible to the laws of their country ; and that inasmuch as the force furnished their governors to sup|)ort their judicial proceedings, was legnl and neces- sary for the due exercise of the company's rights of jurisdiction under the charter, it follows of course, that the employment of an Ulegal private force originated with the partners and agents of the North- West company.
This statement, although ingenious and plausible, is however far from being satis- factory to my mind, for without reference to the Act of the 43d CJeo. 3, (under which it appears to me probable that any forcible resistance to the civil authority of their governors, instead of being put down by supcrioryorcf, might have been brought to
governors, insieuu 01 neing put down by supcriorjorcf, migiit nave been brought to 1 trial OS a criminal offence,) iimsmuch as the Hudson's Day company generally deny jj the authority of that Act within their territory, on the grounds (>is fur us I have been ^
enabled to infer from accidental allusions to the subject in the pa|)ers tiled before me) that the Act being intcnHcd to give a jurisdiction, where none previously existed, cannot be held to extend over their territory, for which a jurisdiction had been pro- vided by the charter, whereof the Ix<gisliiture could not in presumption of law be sup|)oscd ignorant ; I cannot but feel on those stronger grounds of natural equity, wliich in extreme eases must be allowed in some degree to control all law ; that there must be some fallacy in any train of argument, which should lead (us the present does us neuily us possibit) to tliis conclusion; that an interested party claiming rights, long prixiouxly possessed by miotlier, can be entitled to become the judge in his own cause ; and in the first instance at least, to place himself in forcible possession of the object of contest ; and this fallacy I have little doubt, exists in the total omission to notice tlic long non-user of the contested rights ; these it appears have never been claimed during the course of nearly a century and a half, a circumstance which must necessarily affect the question in a material degree. Whatever may, however, be the final legal decision on this point, the primary appearance of doubt which it necessarily throws over the question, has produced on my mind a strong impression, that it was the moral duty of the Hudson's Day company to have established their claims, by reference to some superior tribunal, or by petition to Parliament, if no otlicr legal course existed, before attempting to right themselves by their private force ; and fur- tlier, us has already been stated in substance, in the paper No. 57 (transmitted by my late colleague and myself to Ciovernment, in our joint letter of 14th April 1S17,) that whatever may be the ultimate decision respecting the right of jmisdiction, the claim thereto was of too doubtful and novel a nature for it to form a sufficient primary justification for any proceedings in the exercise thereof, which might otherwise be considered us breaches of the peace, or acts of violence; and it is in consequence of this latter opinion (exclusive of all other considerations,) that I have never felt the least doubt as to the propriety of the injunctions contained in the proclamation of the 3d May last, issued by rommand of His Uoyal Highness the Prince Regent, to put an end to all such acts of violence, nor of the legality of my own proceedings, as far us necessary to give full effect to the same.
Such, according to the impressions on my mind, is certainly the correct view to be taken relative to the present claims of the Hudson's Ilay company ; but at the same time, supported as that company was by high legal opinions in favour of their rights, it requires but little consideration, or allowance for the natural bias of all human beings in favour of their own opinions and interests, to account and find strong excuses for the course of conduct adopted by them, independent of the ultimate possibility of its being legally justifiable ; and similar considerations will still further account tor niiil excuse the conduct ol their servants, acting bondjide in support of tiie company's rights.
Allowances of a similar nature ouglit also, in fairness, to be made for the conduct 1 of the North-West company in several resjUTts, and still more for that of many of ; their servants and puitizaiis, in endeavouring to resist, what must to them liave uppcarcd a vioknt and unnecessary exercise of force, (for it is not pretendeil that the \ peculiar ciicuuistuiices wliich led to the adoption of the measures pursued by the
584. U u Hudson's
if.6
PA mis RELATING TO T 11 K
InclofiUiA in Sir .1. C Slicr- lirnokr's, (if 'iotll July iHif); \it. Mr. ('i)ltiimii'i Rt'iinrt, i&r.
IIiul.iou's Day conipn»y, wrrc rxplnincd to llu;ir opponents) for the purpose ofdrivni" llii'in fioin the country, whirli indcpcnilcnt ot" the {{enural notoriety ot' the Iket, thrv show by evidence to have hcen (nciipied lor the purpose of triule, hy their iinniivliiite nrcdeccM»or», for the period of forty years or upwHrds, nnd by tiic French traders of iVIontreal l)eyond the memory of iniin ; tlie ruins of their old fortu imd huildin>;s iiiivin!» bren seen by the oldest men in the country on tlieir first going tiiere ; whilst (iiBtOcti)l)«ri8i4.) it is positively stated before nie, to he only twenty-five years since the Hudson's Bay company first made an establishment on the Red River. « <
On iiif ntli Joiuj M' Ixod, n clerk of the Hudson's Ray company, was made prisoner, and
ItijiiMiy 1815. detained for five or six days at a camp formed on the plains near Turtle River, by some of the North-West company's servants, together with a number of free Cana- dians, and tiicir Imlf-brced children.
The present is the first occasion when the hnlf-brccds appear to iiave taken any part in tlie disputes of the Indian country, and their present proceedings seem clearly to have orij^inated in the apprehensions of themselves and the free Canadians, that Miles M' Donnell was cominj^ with an armed force to take their horses nnd provisions, as a punishment for their neglect of his order, in continuing to hunt the buffalo on liorscback ; in conseqticncc of which alarm they took up arms to defend themselves, and detained .Mr. M' Lcod, who went to them with a letter, from suspicion of his bcin<; n spy.
In the course of a few weeks afterwards, I'eter Pangman dit Uostonois, a leadini^ lialf-hrccd, and at this time an interpreter in tlio service of the North-West company, us he lind previously bcei^ in that of the I indson's Ray company, under the iinniediato oribrs of Air. llu<»li Heney, (a respectable Canadian, who was lately examined by ine(|)eposition, No. loo,) and nave Rostunois a favourable charact(,'r,) was arrested by Aliles M' Donnell, at Pembina, on the eoui|)!aint of .lolin M' Jxod, of havini» been one of those principally concerned in his dcir ttion at Turtle River, and other violences connected tiierewilh. This complaint ■.ell as a very long examination
of Rostonois, is filed (Deposition, No. 1 1 1,) but lahlishis nothing very material. 'Jhis arrest of one of their own body, without any adequate cause in their o|)inion (for M'Leod's detenllon appears either to have been overlooked, or deemed by them justiliahlc,) is stated to have very much exasperated the half-breeds, and together with the Older re?|)ecting the liunliiig of biitValo, to have principally given rise to their decided hostility to the colony, and their subsequently making common cause with the North-W'csl company.
Cuthbert Grant, nnotlier of the principal half-breeds (who, left an orphan at tlio ngc of seven, had been protected and educated by the Nortli-West company at Montreal, and at the early jwriod of nineteen, was a confidential clerk in charge of one of their trading posts,) sti-.tes these facts decidedly in his deposition, and particu- larly v\ith respect to the order n(jt to hunt buffalo on horseback ; that a copy thereof was forwarded to him l)y ^RIcs M'Doniu.ll, with <i letter, threatening the most severe consequences if the order was disobeyed, and directing him to rend the same to the people at liis post, and affix it at the ;:;,»to thereof, which he accordingly did, but that it was shortly aflerwards torn down by some of the half-bi ceils. The remaining occmrences this winter in the neighbourhood of Turtle River, are stated in various drposilions, but generally in a confused and contradictory manner; the clearest and iis appears to me the best accounts, arc those of Jean Raptistc Davis (Deposition, N* 131,) and Joseph Jourdain (Deposition, N* JJi,) both at that time in the cniploy- nicntof the North- VV'cst company, but who have since (initted tlieir service, and were brought before me, as witnesses on behalf of the Hudson's Ray company; tVoin their dejiositions it appears, that the armed camp was fir.st fonned in conseijuence of the statements made by John Warren, a cleik of the colony, of .\Rles M^Domiell's inten- tion of coming to seize the hor-es aiul provisions ; that Rostonois having arrived with other servants of the North-West company for provisions, about the time the freemen nnd halt-breeds were assembling, sent information of what was passing to Mr. Cameron, at tiie I'orks, who replied lie must act accordiiiii to his own ili'-cretion, as he (C'ameron) could not come ; that sulisiqueully, about llie lime Rostonois was taken prisoner, Cuthbert Grant had come up to Turtle River in eharne of a « arrant which hod been issued at Port William, against Waircn, and liiat on receiving int<-lli- gcnce of Rostonois' aiicst, Grant set out at the head of an armed party of about tiiii ty men, all fully determintd to liberate him ; tluit this party consisted partly of servants of the North West comj)any, who went by orders ul their masters, and partly of iVeo
Canadians
RED RlVRn SF TTLKMrNT. 1(^7
rnnnilimi* and Imlf-brccila, who iicconipanicd ll\eni nt tlicir request, from fViendsliip liiclmure
lor liostoiiois, tnnrthcr with an opinion of iiis l)einj» unjuMly treutecl ; that in their wuy j" ^" -J- *^ •'*''*','
to J'cnibina, tliis purty fell in witli Mr. Wurren, whom they nmde prisoner in virtue j,'"° ,Vi'»" vi«'
of the wurront, the authority of which lie denied, but was taken by them, with two of Mr. CoUm'un'ii
his followers, to Pembina; tlint' when arrived there, the parties who bud first men- llepi'rt, i'cc
tioncd the reports attributed to liim, repeated tlie charjie in his jjresence, and that -^y
of Miles M'Donncll; that Warren denied the iiccusutioii, but Miles M'Donnell ('J''»l'*'»"""^)''*'5-^
observed that there were three witnesses against one, nnd added, if he hud said what
was imputcii to hiui, he ought to be responsible for it, as he had no authority for tha
same; and that finally, after some further discourse between Cuthbert Grant and
Miles M'Donncll, Mr. Warren, and bis people were liberated, as was also
liostonois.
Respecting the freemen and balf-breeds, it appears by other evidence, that th«J number of the former living on the Red Itiver may be between twenty and thirty, Biid of the latter about seventy men, fit to bear arms ; that of the hulf-breeds, perhaps n fourth may lie in the regular employment of the North-West company as clerks, interpreters, Sec. ; of whom a part (the oft'spring chiefly of partners or clerks of the company) have received an ordinary school education, fitting them to act as clerks; but others even of this class can neither read nor write, as is well known to be the case with liostonois. That the other three-fourths subsist chiefly by hunting the buffalo, and furnishing provisions ,to the traders of bolii companies, nnd freiiucntly during the summer working as canoe-men for the North- West company, to whom, since the commencement of the disputes, they have i.uleed attached themselves almost exclusively ; these hitter are notoriously without any education, some, though few, scarcely speaking rrench, and being little removed from the savage state ; tlic whole n()pear to keep up th ir connexion «ith their Indian rtlatioiis, and to have cxcrcised at all times, the rights of hunting and fishing, which a stranger could nut have done.
It is further stated by witnesses, of whom one has fre(iucnted the Red River for forty-six years past ('Deposition, Xo. 108,) tliut the hall-breeds, with the Crees and Assiniboins, were alvvnys considered the proprietors of the country ; and it is fully admitted by all parties, that the Salteaiix Indians who came there only about twenty- five years ago, have always been considered as occupying the lands under the per- mission of the Crees, and not as proprietors. It upi)ears ;ilso, thatuli lOugh the half- breeds have of luti; prinuipally associated with the Canadians, and in some degree adopted their manners, yet that various individuals of this class (whose nainrs liavo been proved before me, and who appear to have been descendants of foruiLr Irench traders,) were found living with the Indians, and established as chiefs on the Red River when the first traders came tiierc after the conquest of Canada. It is further staled (Deposition, No. 108,) that as chiefs, they levied heavy contributions on those who came into tlic country to trade ; also that the present halt-breeds arc very jealous, as were their ancestors of their rights, and that they often complained of the occupa- tion of their lands by the settlers, especially when they found them acting with so much injustice in other respects.
An affray took place nt Isle-a-la-Crosse, in which it appears that one servant of On the 14111 Fe/ the North- West company, nnd a clerk of the Hudson's Iky company (one Johnstone,) biuury 1815. were killed. In the late statement of the North-^Vest company to me, it is attempted to connect this event « ith the orders given in the Earl of Selkirk's letter of 1 Sth June 1812, already mentioned; no other proof, however is ])roduccd, than a letter of Mr. JosC(pli House, the person in charge for the Iludjon's Bay company, from which it appears only that the dispute was principally relative to a trap, and the chief blame of this fatal event, although totally unintended^ is allowed by him to have rested wiih bis party.
Four brass licld-|)ieces, four iron swivels, and one liowitzer, were forcibly taken On tlie 3d April from a dwelling-house adjoining to the Government Ilousieat the Red River Colony, '^'o- by a party of settlers who had left the same, amongst whom George Jiiinnennan, Angus Gunn, Hugh Rannernian, Donald M'Kiunan, and Donald M'Donald, arc ^; mentioned by name, whilst the principal officers in eliar^c of the colony were de- /^" tained prisoners by George Campbell, Andrew M'Heatli, Angus M'Kay, and John Cooper, until the cannon were taken away; and Robert Gunn nnd otii'crs stood at the door of the house where the officers were detaiiicil, for tiie purpose of preventin;^ any one from coming to their assistance. Alexander M'J.caii was at the same time
5^4- made
tOS
P A P K R S U K L A T I N O TO THE
Imloiiir* ill Sir ). ('. ShiT-
iMIHlkl'l-, III' JOlll
July iSiH; vii. Ml. ('nUnmn'n Itrjuiit, tie. K /■
iiin(l(! prixnnpr l>y Duiumii ('nineroii iind Jolni DuKnId ('hiiici'oi), pnrtiu'ni, and \\°illiuiii Sliiiw, (Jutlilidt (irnnt, and I'llcr Paiii;iiiiin IttrntunoiM, cIcrkR uf tlic Xortli- Wcrit c'oinpHiiy, and .scvcnd of tlitir own BcrvnnlH, tofii'llcr witli Joliii I'arly, unc of the settlors, mid wns detuinid l>y Slmw nhont two Iiouim, whilst acverul ut tlu; Inst- nR'nliuniil piirty u|)|ichi- to liiivc p)nc and nirt I lie' settlers, on u c«Micerted Ri^jnal, n» thry ^^cre bringing otV tliu eiiniKin, liii/zuin^ and t;x|)rcs8in^ their satisfHctioii (8(1 April 1815.) iind joy. Ono of the evidence nieiitions also John Matheson, Aiijjus M'Aulcy, AV'iliiiiiii Siitheriand unu Angus Sutherland, liy name, as having taken part in these proceedings.
On this cliarj»c, a bill of indictment was found at Afontrral in March I Si", against rieoi'ijc ('ainplM'li, .lohn Cooper, Doimlil M'Kinium and Hugh ll.iniiernian, Duncan CiiiiK roil, .(olin Diigald Cameron, Cuthhert Cirunt, William Shaw and Peter Puii(»- nmi) alias Dostunois.
rroin the following letter, filed in the evidence licforc me, and also admitted in tlie '* Stall iiKiit," puhlished in London, I feel some doubt, however, although a violent liot and breach of the law may liuvu been cumuiittvd, whether the fact of sttulinj; eun lc{.'ally be estublisiicd.
" Mr. Archibald M' Donald; . ' '•,...
" Sir, Forks of Red River, 3<1 April 181, 15.
" .\s vour field-pieces have alrciuly been emjiloyrd to disturb the jxace of His '• ?.iaji'sty's loyal .siiiijects in this ipiarlcr^ and even to stop up the king's highwav, " I have authori/ed the settlers to take possession of iheiii, and to bring them over " here, not with u view to make any hostile use of liieiii, but merely to put them out " of liann's way ; therefore 1 expect thai you will not be so wanting to yourselves as " to atteiii|)t any useless resistance, as no one wishes you or any of your people " any liurm.
(Signed) " D. Cameron, V. C."
y
The present is the first act of violence in which the settlers who abandoned the colony, appear to have participated, and the only one inwhicii any number of them took a share ; tlic details thereof are not very fully before me, as few or none of tiie s: till rs ('\aiiiineil tiy me spoke of it voluntarily, and Iroiii the number implicated in tiie otfi'iice, liirre was consideraiiic delicacy in my (|iicstiiaiiiig tlieiii. I'rom the depositions, however, puKlueeil on behalf of the Karl of Selkirk, ami oilier incideiilal evidiiice, exclusive of that collect('<t from the settlers on lieiialfof the Nortli-Wett eom|)aiiy on their first arrival in I'pper ('anada, I have little doubt that their inten- tions were merely to prevent the cannon being used, to hinder them from quitting the country, ('oiild entire dependence be placed upon these latter sUiteinciits, tiie fact might be considered established ; but it has a|ipeared lu me necessary to receive, ■with considerable caution, tlie depositions made by the settlers ut the instance of either fmily, especially where copies uuly liave been laid before me; ut the same time, on II review of the whole evidence relative to the settlers, the following facts appear to be supported by such a concurrent streiigtii of testimony, either direct or circum- staiiti.il, or to be so far admitted 011 both sides, as to satisfy me of their general correctness ; that very great hardships were sutVered, and considcrubic dissatisfaction had existed aiiiungst the servants and settlers tliiit came out in the year iSl2; that equal hardships had been sustained, and similar dissatisfaction had prevailed amongst those who came out in the year 181,5, u"^' "''o had iieen oltliged to pass the first winter at I'ort Churchill ; that these two sets of men, of whom the colony priiici|)ally consisted in 1814, had been treated with severity by most of the ollicers (how fur lucessarily dues not ap|)eui); that durinii the sumiiicr 1814, the North-West com- |)any, having apparently submitted to Miles M'Doiineirs authority, every thing appearing (piiet, and the settlement remaining principally under the charge of Mr. Joliii Sjiincer, who apjitars to have been much liked by the settlers, the former (iis- satistactioii was last rearing away, and several of the last arrived settlers, pleased with the feitility of the soil, and the appearance of the growing crops, wrote aliout this time to their fri'iids in Scotland to come out and join them; that on the arrest of Mr. S|»encer, and tluir being subsequently compelled by Miles .M'Doniu'll to take u|) arms, he at liie same time declaring that the laws of Cuiiaila had no authority over him ; that in Ued lliver the stronger party dictated to the weaker, and that us governor and represeutulivc of Lord Scikiik, he could recojjiiize no superior authority,
their
; unj5-
nrn rivf, n settlement. 169
their scntinirntx liegan apnin to clmnur ; tlint us tlie season udviiiicid, findiha tlirrn- inrlomre selves ill i«ii|)|ilie(i with provisions, and also tliot tl;cy eoidd not Ik; tuniibheil with tlic in Sir .1 c. Mirr- tools and otiif r nrcessurv articles for carryinj^ on their work as t'arniers, (all which, *>r""ki'», i>i -loib including provisions, the tarl of Selkirk had rn)i»a^rd to advance, till Ihey could repay ■l'|''^/.''i'*' \'*' \ the same iVoin the produce of their farms) the niHJorily of the settlers detci nnned to Hcn„it a"'^"* quit the country ; and nccordinply, towards the close of the winter, went over to the ^ ' ■<
North-\\'est post: That the repeated assurance of Duncan (Cameron and his partizans, (su April 1815) of the superior advantuj^cs to settlers in Upper Cunadn, and of the protection of the North-West company in settling themselves, and his known readiness to furnish passages free of expense to every one, joined to exa^^gcrated statements of the dangers iVom the Indians, had a considerahle share in producing (his delermination ; and fmully, that to some of the most inthicntial settlers, as Alexander M'l^an and Cieorf^c Camphell, there can he little doni)t that further rewards were oflored hy the j)nrtners of the North-West company to induce them to leave the settlement, although as to Cieorge Campliell there is no other proof of this than the presumption arising frum his having actually received /[.too alter the colony was hrokcn up.
/
The first shot is stated to liave been fired hctween the parties, after a succession of On ihe irritating occurrences. It appears, that shortly after the taking away of the cannon, i8is- Donald M'Kinnuns, one of tiie parties tiieretu, was made prisoner, hut rescued on the 5th April ; that William Shaw, a Imll-hreed, son of Angus Shaw, partner of tiiu North-West company, was also arrested shortly afterwards, but li()crated after a confinement of a few Jays; that about the I7tli April, the warrant against Miles M' Donnell was served upon him by one Longteus as a constable, but that he denied its authority, and, instead of obcymg it, caused the constable to Itc confined for some hours. On the opening of tiie navigation, each party was joined by additionni numbers ; but of the further occurrences of this period, except the arrival of a party of Crce Indians, as already mentioned, with Alexander M' Donnell, and a charge against tlic half-breeds, of having killed several of the colony iiorscs, under pretence of its being done by these Indians, no details arc before me previous to the 20th May, when the extracts of Peter Fidler's journal, (Deposition, No. 1 64,) herein- before mentioned, commence for this year, and are continued to the departure of the colonists : as these appear to contain a pretty full and candid account of the principal occurrences, (each day being extracted at length, when at all referred to,) they have been chiefly relieil on for the period in question ; the occurrences whereof will also be materially elucidated by reference to the annexed Plan, No. 3, containing a sketch of the inmiediate nei> hbourhood of the forks of Red River. By the afore- said journal it appears, that on the 20th May some voUies of rausqactry having been fired, and the bagpipes playtnl, on account of some rejoicing at the North-West post, when fifty of the colony, or Hudson's Bay servants, (whereof each had separate establishments, although in houses nearly adjoining,) went down, with six or seven of their officers, and, by way of alarm, fired several rounds of powder ; that on the 31st May, all persons were forbid to visit the Canadian house, supplied with ammu- nition, and foimed into four divisions, to he ready in case of an attack ; that on the 2.1th at sun-rise, several settlers, (who had Wen dancing the preceding night at the North-Wcst post) with Green and Hector M' Donald the piper at their hcad,:came down to a fence adjoining the colony buildings, and broke part oi it ; whereupon .several shots were fired at them by tiic people there ; that a wall-piece ball passed througli the hat of one .Joseph Calhers ; and that George Campbell was nearly wounded, two balls having, as it is said, struck the ground very near him.
Respecting this nflfuir, there is very much contradictory evidence, and a bill of indictment was found against George Camphell, Robert Gunn and Hector M' Do- nald, for maliciously shooting in March 1817; and another bill against James Flynn, a servant of the colony, in March last, for the same oflence ; the parties respectively swearing, that the first shot was fired by the other without |)revious provocation. On tlie whole, however, there can be little doubt, that the account herein given from I'idler's journal, is the correct one. This appears to be the only charge against Hector M' Donald, who states in his deposition, (No. 122,) that shortly before the indictment w as found against him, after he had hccn many months publicly and openly in Montreal, he was spoken to hy Hector M'Laclilan and Archibald McDonald, and that the former told him, that if he would not give h's evi<lt>nce in favour of tlie Karl of Selkirk, he (the Earl) would put him in gaol, and the latter hinted tiie same thing : It is notorious that he was since really confined in gaol for nine or
51I1 May
^
(J5th Muy 1815.)
584.
Xx
ten
I
On .lie 1815.
lolb June
1i
S '
J : I ■
1:
170 PAPERS nrLATINC T O T 11 E
■ . - * ten months, but tlmt Lord Selkirk was absent during the wiiole time in the Indian j country.
O-- the 71I1 June / It appears by Fidler's journal, that n large armed party ^ns Fcnt down from the 1815. / >7()rtli- West post, to tukc a position Tit fIrt'nouiili^rc, or Fro^ Plain ; that a notice
/ was sent to Mr. Jauics Sutherlnii(l, one of the cliicf factors of tlie Hudson's Hay / coijipany, that the same would not he withdrawn till Ciiptnin M'Donnell was g-vcn I up, and another to tlic servants, not to resist the law in supporting him ; that / Mcijirs. Arixjnn, "SV Leod and I). M" Naughton went down to sec what the North- West party were doing lit tiie I'rog Plain, and M* Naughton advanced near them, whfln on the war-whoop being given, he foolishly fired a pistol, at the distance of about 400 yu.ds, whereupon inmiedintcly several shots were fired, both at him and at the other two; tlmt the six cattle belonging to the colony were d-iven to the Frog Plain, the old bull killed, and the servant sent down for them told by Alexander M'Ucnncll, that they would not be returned, unless tobacco was tent for the half- breeds.
By other evidf ^ce, (Deposition No. 1 1 3,) it appears, however, that M' Donnoll had wished tlic cattle to be all returned. Miles M' Donnell, in his depositions, Nos. 110 und 111, statotl this affair pretty fully, and annexes copies of tiie depositions of M' Naughton, M' Lean and M' Leod, none of whom, however, mention the pwtol fired by the first ; but us llK-y do not stati> the firing to have been \villiout pro- vocation, there is little doubt tlie fact is correctly stated in tike Journal.
It appears that about one o'clock in the morning, a number of persons, chiefly half-breeds, uelonging to the North- West post, passed the ditch (;f ine colony buildings, singing the war .song, on which all hands there turned out under arms ; that in the course of the day a small canoe arrived with a hand-bill, announcing jKace with America, on the back whereof was written, " Peace witii all the avoiUI, except iu lied River;' and that the hand-bill, together with the Canadian Jiirisdiction act, was sent by Dencan Cameron to the colony servants; that a little after this the war song was again sung near the ditch, whereupon M'Lean and Flynn went away, with others following them ; that Flynn having challenged a person four times, without any reply, fi;ed ; that many shots were aftcrw ards fired on botii sides, perhaps i ao, but that on the wall pieces beginning to fire from the upper story of tlie colony buildings, th« party soon dispersed, no < -c Im ing hurt.
(iitli June 1815.) It appears by ti.c aforesaid journal, that at half past eight o'clock, A. M. the Nortli-
/ We.sf party begun a sharp firit.g, with small arms, at the colonial buildings; that
w'i hands there were busily employed in returning ilvuir fire, hut tliat the former,
firing from l>ehind the bushes, could only he diuUnguisiied by tlic smoke of their guns ;
(I nil June 1S15) that Mr. M'lxan had the niisfortutw to shatter his left arm, by the bursting of a wall piece; and that ,VIr. Warren wan also struck with a splinter behind his lelt ear, which neaiiy killed him; liint a bull passed through the tlcshy part of Duncan M' Donald's shoulder; all which took plat'c iit less than halt an hour, durinj; uliich time the attacking party fired 1,50 shot; tl;at the Hudson's IJay company's servants remained in the coinpanys howir, and did not tir* a shot; that tin Canadian party fired (ine volley at liiis house, iiixl that two bulU citme through the logs, .nut I'nuicis Mongennier was uouod<'l ii little above the ancle ; liiat tlw Canadian parly be^un 1)V firing at Mr. Pourke u'.d Flynn, as they came out of the colony house, tlmt liieir piirty was supposed to ( onsist of about t'Acnty ; that they fired at the distance of about 40 to (io yards from the company's liou.se, ant! about iiio from tiiat of the coh>;iy, and that it ^»as said Postonoiscamc down to take tiiem away ; that tliis affair iiitimidaleii the colony servants very much, and thtt on the captain's (.Miks M' Donnell) making them a speecii to defend the premises, they ii|)peaied not to lel'use this, but ol))ectcd to protect him .inalust the warrant, as the ( 'aimdians hivariahly gave out liiat his person was the only cause of hostility.
I'he other nccijunts of this affair are very contradictory, especially as to the persons «ho ivere present. Hills of indictment for maliciouslv shooting %\c\c tound against (ieorgc Campbell, Duncan Cameron, Seraphim Lamar, Cuthbert ("rant, and William Shaw, in March 1817.
Tlie account of .lean Haptist Duiiiarrais (Deposition, No. 307,) who atknowledges having been present vtilh the iittacking paity, iippeiirs to me un thi whole, to be the most clear as well as correct <»f those hi tore uiu, and also to reconcile, in some degree, the contradictions of others, \\hu have spoken on les.> certain kno\\ ledge. He states,
that
RED R 1 V E U S E TT I. K M E K T.
m
th«
ibly
tbnt in the morninc, l)efore dny light, being at I'Vcif^ I'lnin, scvcrni half-lmcd Indiuns inricxur.. nnd Canadians, al)out twelve in numl>cr, told liini that tlicy liad lircn attucl.cd, anil in sirJ.c Mitr- liail toiti;lit with the people ot the colony, the nii»ht l)Cforc, and that as ll)ry had got a iimokrs, of joiU Slipper over nipht they must i^ive ihf'iii a brcakiuBt ; that he endcovourrd to iicrsuade '!',''-^/',V ' ''■"' them to f!o first to the North-Wrst post, but thry would not agree tliereto, Cutlibert n,,',urt, A:r.
Grant, wlio bad the charjic of the party, saying that Mr. Cameron wonUi not allow v_ ' ,^ '
them to lire, and encouraging them lo pi' iuin»e(iiutcly to the attack, whereupon him*(,,th ju.r iSi-,.)
self and all the other halt-breeds, set ofl with (irant, after the latter had bad a short
conversation with Alexander McDonnell ; thai as he did not like the affair, he ke|)t
in the rear of the party, with Shaw Uourassuund Antoinc Ducbarine, but on bearini^
the firinj; be advanced nnd found the greater |)art of tlie half-breeds, w ho were firing
on the houses of the colony, from a distance (Miles M'Donell.DcjKMition, N* no,
estimates this distance at 300 yards,) and the people of the colony returning their
fire; that nearly at the same time, a number of Canadians, amongst whom it appears
by other evidence, were Seraphim Lamai and (itorge Campl>ell, came from tiie
North- West post, to sec what was the cause of the bring, and that soon afterwards
be saw Mr. Cameron, who called out to them and to all otbr'3, to leave off, in the
King's name, and to return to their post, which they accordingly did, and that the
half-breeds were conducted back, the same evening 'o the Grenouiiliere by Duncan
Cameron, with orders to remain quiet, and to wau' „iaat Miles McDonnell did not
escape. , ..
Mile- M' Donnell quitted tlie Red River, bavins surrendered himself ft pfisotter, On tlic jistJunR ^. under the warrant from Fort William, a few days before to Alexander M Kcnzie, "*'j* a partner, and one of the agents of the Nortb-AVest company. It appears that from the period of the encampment being formed at Frog Plain, every method was adopted by the North-West party to harass the people of tlie colony, for the osten- sible purpose of compelling them to surrender M' Donnell : Tliat Laughlin M'l^an, a clerk of the North-West company, who bad brought a party of half-breeds from the Saskatchewan Kiver, went round and disarmed the settlers ; timt several settle- f were taken down to the camp and confined, and their property plundered ; that all the horses belonging to the colony were taken away; t''ut al)out tlic 1,5th day of June, Alexander M' Donnell came with a party, and took forcible possession of the farr. nouses belonging to, and situated about an hundred yards distance lr6m the colony buildings, and erected a battery with cannon against these latter ; and finally, thai the servants of the colony under all these circumstances continuin;^ daily to desert, Miles McDonnell (with the advice of Messrs. M' Donald, Wt rte, Fidlcr and James Sutherland, bis appointed council) determined to surrender himself, in liopes that tlie safety of tlie rest of the colony might thereby be ensured, a, id on his surrender, it does aj,, ?ar the North- West camp was broken up, and every thing moved buck to the Forks.
The colony was finally broken up, and the remaining scllleis and servants, consisting On the aiili June f of 13 men with Iheir families, in all about forty jicrsons, embarked for Jack River. 1815. j
It appears by Ficllcr's journal, that on the ii)lh June there had hern a meeting at tlie North-West post, between tiirce of the iiartntrs and several nf the clerks and Imlf-brrcds, and tlie four pi rsons above inciilioiu'd, us forming the council of tliii colony ; for the purpose of inakiiig some iiriangeiiiiiit for peace, find the restitution (11 the property taken ; but that nothing could bo done, as although 'iic North-West ])artuei"s declnred their readiness to ddiver u|i every thing their ( nadian servants bud, they jirofessed to hiivc no control over the lialf-bicrds, am- these hitler de- (iarcd they would not allow any nf the colDiiists to romuiu ; Shav, the iKill'-biTeil, even told them, that the Iludsoii's liay companv's snvants would jnly bo allowed ti inoiuh to take away the company's pro[)erty. In all this, tlie hal'-brcx-ds were sup- |)orted by Duncan Cameron and Alvxaniler M' Donnell, at win 'e in-tigatioa they were thought to act; as Duncan Cameron was said to have told M'N'alty, one of the settlers, some time previous, tiiat lie was determined not the least vestige or trace of the colony should remain after him : siihseipicntly it ap|)cnrs, tluit a good deal of negoeiatioii took place Ik'tween the persons in charge of the colony, and the half-hrecils ; whom they endeavoured to conciliate, on biiding that the colony's being alli.wed to remain depended upon them ; and for that purpose employed Mime of the lliidson's Hay com|)any"s half-breeds to speak tt> tlwin. lliat these endea- vours proving unsuccessful, ;.ii iigiceineiit vmuj rmully entered into, on the Jjih June, between the half-breeds and the Hudson's Uay conipanv, \Nliich i^ t^iuu at length ia •
.')84. " ' the
■in
PAPEnS RELATING TO THE
Inr1osu;e in Sir 3. C. Slier- brookf's, III' 201I1 July 1818; viz. \l\. C'oltnmu's Heport, *c.
(a7lliJuiic 1815.)
i
tlie journal, ami by which it was settled that all the colonists were to retire ; that tlie Hudson's Hay company should he allowed to send in three or four boats yearly for the purpose of trade, but shouUI not occupy any of the colonial buildings : That the settlers did accordinjily retire witii the bulk of their own and the properly of the colony ; Mr. John ^l'Leo(i remainini» with some goods for the company's trade, and ill the tlia:j;e of every thinj; left; Culhbert Grant, in the name of tlie half-breeds, tinally granted M'Lcod pcruiisbion to remain in one of the colony houses, and to have the crop.
About this time, an address to the government of Canada was prepared liy
the half-breeds, respecting their claims to the lands of Red River, the contents
wiiereof are stated in C'uthbertCi rant's deposition, (No. 2tC,) as well as his ignorance
mi its ultimate fate. Some testimony has been produced to show, that an o|)en and
A-ect part was taken by Duncan Cameron and Alexander M'Donnell, in driving oft"
Ihe colonists ; but it ap|)ears either to be contradicted by circumstance of time, or
place, particula: y as to Dtmcitn (.'ameron, who is proved to have left the Red River
on the 21st .lune, with Miles M'Donntll, and not to have returned till about the 30th
of the montli ; or not to be sulficiently precise to establish the charge to the extent
intended. That menacing language of such a nature was sometimes used by tlicm,
as hercin-bcfore mentioned, to M'Nalty, or tliat attributed by M'Laciilan, (Deposition,
No. 127,) to Duncan Cameron, " that Miles M'Donnell wanted to get them out of
" the river, but that tliey, the Norlh-\\'<;st company, would drive him out of it,"
admits of little doubt ; as also that wiiatcver influence they had over the half-breeds,
was used to promote this purpose, Duncan Cameron's letters to Hesse, (Deposition,
No. I (58,) show his cai ly and strenuous endeavours to incite the half-breeds and others
against tlie colony ; and Desmanais (!^:;''jsition. No. 407) slates, that this was the
first year the half-breeds began to talk of a rccouipence for their lands from tlie
colonists ; that liostonois, w ho tir.st sjuikc of it to him, said it had been mentioned
(17th June 1813.) by persons better informed than either of themselves ; also afterwards, when treating
with the colonists, these latter offered to condiie themselves to three small points of
Lmd, until some arrangement could tuLe place between the Earl of Selkirk and the
half-breeds, they rejectecltlic proposiiion for fear of some treachery, the partner,)
and clerks of the North- vV'cst coin|)any telling them they could not dc|)end on what
Uie colonists said to tliem. Desmanais further states, that of the half-breeds then
as-semlJeil, one-fourth were in the regular pay of the North-M'est company ; and it is
quite notorious tliat the whole must have been fed by tiiat company, or could not
have kept togetlier. Finally, the letters from James Grant, of Eond du Lac, and
from Alexander M'"Doniiell to Duncan Cauuron, dated the i.'jth April and 2Jd June
181,'), of (\iiich extracts have been proved before me, (Deposition, No. 107,)
fully establish tiie charge to the extent now stated at least ; the former containing
these expressions, "your present popularity, both vvith whites and natives, in your
" district, added to which, your vigilant penetration and general knowledge of men
" and tilings, put it beyond a doubt with me, that notwitiislanding his future unge-
" ncrous and dialxilical intentions, that you will, as you have hitherto done, anticipate
" his most violent uieiisures, and put a llnal end to his repulihcan colony, witliout
" lieing under the disagreeable necessity of sheilding blood; this at least is my
" sincere wish for you :" and the latter, these following: '' matters not being settled
" more than when you left here, maile it necessary that I remain longer than I am
" inclined otherwise; I soiul otV two boats for llas-de-li' -Riviere with some passen-
" gers, an account of which is herein inclosed. Provisions are going fast; the
" eoibe<|nence wiil turn out most serious to us. Arcliihald M'Donnell is the acting
" man lor the colony; he is proud of being called tiie governor; he appears to
" muster the ajipearance of acohmy to support his rank ; however, he and liie half-
" breeds must se'tlc that point. Father I'idler and suite were disturbed this morning
" bv a salute of lire-arms; the lialf-hnTds are going down for tlie last lime, to hurrv
" them off. 'J'lie salute of fire-aruis above alluded to, is nuntioned in seural
" depo:ilioiie, but apjiears to have been merely for the purpose of creating alarm,
" and to have l)een the last occasion when arms were used this stabon."
All the colonial buihlings were burnt down, consisting of four houses, forming what was called the fort, and live fiirui houses .'landing near the barn and staiiles; these last were also biu'nt at the same time, together with tlie mill; it appenis also, tliat bttweeii the departure- of Ca|;tiiin Miles M'Donnell, on the 21st .lune, and this date, all the selllers lioutes, to the number of about eighteen, had be-eii burnt,
John
On Uie 181I1 June
i
RED RIVER SETTLEMENT.
'7.3
John Arijpod (Deposition, No. 144,) states, that on the 27th June he was informed Inclnsure by CuthliertCiraiit and others, thutthey would come the next dny iind burn all the '" Sir J.C.Sher- colony Iniildings, ( xceiitinj; one pointed out to liini, and in which accordinj»!y he put j'^"" */,'g'.' yj"' his poodn. Tliat the next day Grunt, Shaw, IJostonois. llonhornine, Montour, Mr. Coltm'un's ('harles llcsse, Michtl liourassa, Francois Deschanips, CJcorge Cum[)hell and about Hcpurt, &c. sixty more nK-n, (.'anudiuns, ludt-br<;eil3 and settlers (amongst whom, in u subsequent ' ^-^ '
deposition, is mentioned Jean Haptist(i Dermarrais) came over iVom the North- West (iSthJune 1815.) company's post, of which Alexander iM'DonncIl "a^ then in cliarf»e, and set fire to all the huil(lin>>s. That the house in which he had placed his goods was burnt with the Others, and that he was able to save from the Humes only a pan tiiereof, with eminent hazard to himself and men, and of that part many articles were stolen by the incendiaries ; of these he more particularly specifics a gun stolen by Micliael Bourassa, »nd a bus, of clothes by Franjois Desciiamps before-mentioned. By otiier evidence it appears, however, probable, that this house either took fire accidentally, or was set on fire by some particular individual contrary to the general intent ; for several witnesses (Depositions, No. 113, 147, 1, '59, and iGi) state, cither Irom their own knowledge or from information, that the lialf-breeds exerted themselves to save the property ; and one in fact de|)OKes, that John M'Leod himself mentions this fact, as well as that the house intended to be left for him was burnt by accident. One witness has been brought before me, who deposes, that the burning of these houses was by the express order of Duncan ('ameron, Alexander M'Donnell, John Dugald Cameron and John McDonald ; but as the charge is evidently unfounded as to the tirst, who did not arrive till after the bouses were burnt, and had not been at the Red River for months before, and so improbable from various local circumstances, as to all the others except Alexander M'Donnell, little weight can be attached to the evidence. M'Donnell is however liable to great suspicions, from being at the post from whence the party sallied. The charge against ('ameron has probably arisen from an order Jean Baptiste Dcsmarrais states Alexander M'Donnell to have given for the burning of the bouses of the settlers ; this order Duncan Cameron afterwards sent to recal, but his counter-order arrived too late. Martin Jordan, a witness on behalf of the Earl of Selkirk, who bad his own house burnt down, states (Depi.sition, No. 147) that be has understood lliat the settlers houses were in many instances burnt at the desire of the owners, and that all had previously been deserted, except tliat of Alexander M'l^ean, which was not btnnt till tour days after tiie othcs; and that before its being burnt, he was iiimself employed by some of the half eds tc inform Mr. M'Lcan, who was then confined to bed by his wounds, tliat he muat leave the house, or they would burn it over bis head ; in consequence w hereof hj was moved to the government-house a few days before the colony was broken np. A bill of indictment fo.- arson was found at Montreal, in March 1817, against George Campbell, (.'uthbert Grant and William Shaw, as principals, and Duncan Cameron as accessary before the fact, in the burning of the public buililiugs of tlie colony, and Alexander M'Lean's bouse on the l8th June (with regard to which hui there is evidently a mistake as to the date;) a similar indictment was also found in February last, against Dcsmarrais, Bostonois and two others as princi|ials, and .Alexander M'Donnell as accessary l>efore the fact. The evidence on which these hills appears to have been found, has not been produced to me, but there is (juite siifliciint grounds for such a procedure against all but Duncan Cameron in the tlepo--itious filed ; although as to the half-breeds in particular it may be doulittul how lar tiie olVenco will ultimately be held in law to amount to arson ; as in their proceedings against the settlers (however illegal and violent) they may probably have iute<l under a niirtakcn sense of right, inconsistent with the existence tif a felonious intent.
Tl'.e treaty entered into «ith them, by the representatives of the Hudson's Bay company, contains indeed an indirect relinquishment of pro|ierty in the huikhngs in ijijcstion.
As respects the partners of the North- West company, whatever doubt may exist as to their being accessaries to the present and tither ollenecs before the fact, "there can be little or none of many of them having become so afterwards ; for th;it the halt- breeds who went down from Bed Uiver, were t'avourably received l)y the |)aitncra Hssembled at Fort William, is proved by various wilnesses; as also that they were thanked |)ublicly for the services rendered the eom|)any, a feast prepared for tlxni, and a suit of clothes given to each, and swords to two (Bostonois anil Anloinc lloule) who arc in the regular employment of the Nortli-\Vcst company and chiefs of their own party. Amongst the partners present on this occasion ut Fort William, the
584. Y y following
\
.
Tnrlosure in Sir J. C. Sjlicr- briiokp'ti, of sotli July 1818; viz. Mr. Coltuian'f Krport, itc.
V ,, ^
(sStli June 1815.)
/
On the 1815.
1 74 PAPERS RELATING TO THE
following only are nmnecl ; viz. Simon M'Giliiviuy (of L.>ii«Jon,) Arcl;:l>«kl N.M'Leod, Duncan Cunieron, Alexander McDonnell, Alcxiiuder M'lvtozie, Kenncih M'Keiizie and Juhn McDonald of Tort Duii))liin, ultlioustli pi°ubHl)ly many others weie tliere at the time, ns Daniel M'Kcnzie ucknowlcdge.s of liimself in his letter bcfore-n^entioned. Some evidence hua niso hcen producid (Dc|M)sili(iiis, No. I4g and 284) of a cpcecit miide to the half-breeds by Simon M'Ciillivniy. sayinfj, that they had done well to drive auny the colonists, and to defend their lands; and that if the colonists Dtlcmpted to return they should drive tlicm away u^uin, and would he supported by the North-U'cst company. And one of the witnesses adds, that the said M'Gillivray did not tell them they mi<;ht kill the coloni.sl8; liut that Duncan Cameron, Alexamler M'Donnell and Archibald Norman M*'>e<Kl have frequently told him, that if tlicy could not otherwise drive awav the colonists they nii^ht kill tlicin. Fran^uia Eno dit Delornie, in lii.s deposition (No. 1 13) states also that he was present when Duncan ('an)crnii and Alexander M'Donnell, before Icavinu; lied Kiver to go to Fort William, nave orders to prevent the return of the colonists ; and that he has heard similar orders given at other times, and the Sourlt A la lliehe (a Rapid) spoken of as a suitable place to sink their boats when coming up the river. The settlers and servants of the colony (admitted in the publication of both parties to have been about one hundred and thirty or forty in number) appear also to have received marked attention ; and the presents of money made to diD'erent individuals who had been particularly active in |iromo(in>i the vii ws of the North- West company, as well as the purchaw from others «)f various articles brouj;lit by them from the colony (a mode of securing their wages previously recommended by Duncan Cameron (Deposition, No. 137,) are established I bcycMtd a doubt by John Pritchard (Deposilion, No. 123,) proving the hand-wriUng I of (lilVercnt partners to a book of accounts, endorsed " The Red River and Colonial " Register, 181.^,°' detuiling the whole of the above proceedinjrs, and which are also indirectly admitted by the North-West com|)any in the charge tliey bring (Deposition, No. 1 ,5 1 ,) against the F.arl of Selkirk, and James Stuart the barrister, of liaving seduced one of their clerks to purloin the aforesaid book from tlieir coimlry house
igtliAnguu Colin Robertson arrived in Red Hivor, accompanied by the colonists who had been driven oft", to^;»etlicr whU iihout trtciity clerks and servants.
It appears that this gentleman had come to ('anada in the auttinm of 1814, ibr the purpose of engaging clerks and canoe-men to proceed into the Indian territories, in the service oltlie Hudson's Buy compjuiv, an oliject for which hew«s well qofflified from having been formeily, as is well known, a clerk to the Nortb-West company: that in March iSi.S, lie received a letter from the Earl of Selkirk, in reply to a com- munication he had made of his fears, that the destruction of the colony would be attempted by the Indians, at the in?tigation of the North-West company ; a copy of which letter he has attested (Deposition, No. 167,) and which states in substance the law opinions in siip|)ort of the Hudson's Bay company's rights of jurisdiction, and that the Act of the 43d (ieo. HI, ca|). 138, does not apply to their territories, which have since been published at length, and filed before me ^Paper No. 41 1,): that in May I'ollowing, he determined to proceed to t' interior with the |)ersons he had ongiigcd, intending to return to England by way of Hudson's Bay : that in the course of his journey to Ijikc Winipic, he wits informed of the destruction of the colony, and pro- ceeded to Red River, for the purpose of obtaining further information : that he there learnt from various half-breeds and freemen whose names he mentions, (hat the settlors had Ix'en driven away at the instigation of the North- West company; that some of the half-br(M'ds showed the horses taken from the colony, which had \twn given to them; aiil others spoke of tlie rewards which they expected, whilst 'imiM ofthofn^;- niCit mentioned the offers wh.icii they liaJ rclutsed : that having i\(UM\»rti'tls proctudi'il to Jack river, and delivered over his party to Mr. 'riu)mn> 'I'homas, tlic gnVi'lhor of the nortliern department of Hudson's Hay, h( «hs (xvvaili'd upon by I'n' xolicilations of several of the settlers, ioia<d to the icnuest ot Mr. 'riunnns, ( sijinified bv Utter
which he attests"; to conduct the sellh r.s back to Bed l{iv< 1 Respecting these liitlcr tiic evidence is contradictory. Pritchard ^Deposition, No. 187,) sl.tling that they joyfully accepted the pix>piiMl ; and Pambum (No. 173) that many of them made
«"
.'at dillienllicB.
Oh the istli
Dvnuan (iinK ron and Stra|)liiin Lamar, wrw Hltarkutl whilst riding upon the plains, Oiu>l»ei isij. by Alexander M'lx-an, John P. Bouikc, Muliarl Hivdi-u, and luiothor Serapliim Lamar states (Dcpo'-ition, No. lOi,) tliat this was done without jnoviaation; IJcydeu |itcscntin^ tt pistol at bun, whilst Buurke jjuve ^klr. Cuuicrou tvuuu Ul^iws with u horse-,
whip,
wh
ma
N<
to
Fo
am
tiv<
on
wl
ing
1*
RED RIVER SETTLEMENT. 17-
whip, Mj-rng to him something which I^mar did notliear; aft«r which both were inrloBtire made iM-isoiiers, and taken before Colin Robertson. It appears (Deposition, in Sir J. C. Slier- No. 113,) that from the first arrival of Robertson some jealousy had Iteen shown as YT'^'''^'J'! ^'"'' to his intentions by Lamar, the clerk then in charge of the North- West post at the MrXol'tman'i' Forks, and (Depositions, No. i6i and if»7)that after the arrival of Duncan Cameron iicport, tic.
and Alexander M'Donnell, about the 1 3th September, to take charge of their respec- *■ >^ '
tivc posts at the ForksandQiii Appclle,ti,i;liiig8of a similar nature were much increased (istb Oci. iSij.i on both sides, by contests in engaging hunters, and relative to tlogs, horses, &c. of which latter it is expressly stated, (De|)osition, No. 161,) that those formerly belong- ing to the colony had been restored on demand. Colin Robertson states however, (Deposition, No. 167,) that these feelings were on his part nearly removed by the assurances of Alexander M'Donnell, of his regret for what had taken place the pre- ceding spii ig; and his wish that a ^ood understanding might exist between the colonists and themselves ; until he received information of an attack being threatened against the Hudson Bay company's post at Qui Apelle, the principal station for col- lecting provisions ; whereupon he thought that the only chance of self-preservation, was to take possession of the North- West post at the Forks, wherein there was still a considerable quantity of the arms taken from the colony the preceding spring, and to keep Cameron in custody till security should be given, that no further injury should be attempted against the colony, nor tho provision-post molested ; that it was not, however, hia intention to have carried this measure into immediate execution, had it not been for the accidental seizure of Cameron and Lamar, on account of a private quarrel ; but that fearing to miss the opportunity, on Cameron's arriving at Fort Douglas, and demanding to be set at liberty, he told him that the arms and artillery taken from the colony in the s|)ring, must first be restored : that C iniciron agreed to deliver up such of the arms as were in his possession, and acknowledged that a part of the muskets had been sent into the interi\)r ; and further declared, the artillery to be out of his reach : that thereupon Mr. Alexander M'lxan, and twelve men, were sent with Lamar to receive the same, and had also oalers fron> him (^Robertson) I > take and keep possession of the North- West post, till he should receive from Cameron sufficient assurances for the seen ity of the t-olonists; and the same wns accordingly retained about two days : that CaiiKTOu was then set ut liberty, and the post restored with the property therein, as he t)elieve», in the same state as when tiikcn, except the arms delivered to M'Lean; Cameron having during his contineuicnt, dispatched messengers to Alexander M'Donnell at Qui .\p|)elle, to refrain from any attack, end promised not to attempt to sedwce tho settWt^ or injure the settlement dire -ly or Indirectly. ' ... .„ ,.
John Pritchard (De|x>.sitiou, Xo. 187,) states these proceedings were partly adopted in consequence of a WHoacing sjKxch made by Caunnui totlie Indians ; and this fact is further confiruiod by an intscepttHl ktler k4 Robertson's (Deposition, No. 152, mntkr Q.) which states several p«»<ncuh»s of the atiuir omitted in his deposition . ^U» ularly liis throats of -■•ndiog Ciiuu ron and Lamar otV to lludson'ii Bay, and bis publicly reprimauvling ihein before t»*o Indians, L\idently present lortlie purpose.
These omissions, together with the tone of the present and his other intercepted letters (LVposition, No. 152,) have prfxhiet*! some doubt on my mind, whether KubertHon a.ltd hi this case merely on pnnriplcs of self-defence, or whether iie did lint rather lake advantage ol circumstances to Justify his adoption of a measure, which 01 'itness (Deposition, No. 1 50,) states him afterwards to iiave divluied, to be " nij^olutely necessary to revive the courage of his own people, and to re-ustalilish " their influence amongst the free Cana<lians, liiilt'-brccd.s, and Indians ;" and those doubts are ratlicr strengthened by reference to the deposition of .John Ilichanis M'Kas, the clerk in charge forthe Hudson's Hay company at Qui Appclle, (Xo. 1(19,) %vhose letter respecting tlic threatened attack on his post is stated by Robertson, who attests the same at lengtii, to iiave caused his fii-st alarm ; and to that of Louis Nolin (No. 210,) who interpreted the report of the Indians relative to the speech of Duncan C mcron ; by the former of these, exelus-ivc of the same fact being stated at lengtii in a letter from Alexander M'Donnell to Robertson, wliieh lias been proved before me (1) position, No. »(i-„ uiarked V.) it appears, that the dispute at (^ui Appello originhted as to the site whereon tiie Hudson's Hay post, which had been bm-nt the year before (by what me>.r..i does not ajipear, but no charge is made of iis having been done purposely) shoi.ld lie rebuilt; and by t!ie latter, that the interpreter himself attnched but little inportancc to whni the Indiuns stated, as it had arisen on an
ai/pliciition
Inclotuif ill Sir .). C. Slifr- liriHike's, uf 'iolU .luly 18181 viz. Mr, C'oltmun'a Itrpciic, i!k('.
(JSlllOct. 1815.)
\
On ilie ^(i No\tuilir 1815.
On tlicl7tli Miirrl
\
176 PAPERS RELATING TO THE
n|){)lication made l»y thcin toCuincron for liquor, of wliich tliey lia«l previously received n supply from tlit colony. The prolmbility i^. tiiiit Hobcrtson wiis Hctnattil by a variety of motives predomMiatiiii; in liis mind accorditii: to circiimstaiKcs, of which sometiujcs one and sometimes aiiotlxT might iiiiturally he mriitioned by him as tiie causes of particular proceedinirs. Nolin fmllier states, that ISlM^an and lk)iirkc had been iimuhiii!; and tulkin<! « ith Robertson, immediately pieviotis to tin ir nttnck on Caineroii and Lamar; and it is proved by other evidence (l)(p(jsiiions, No. ifjOand i()i,) that besides the colony arms, two small caniu)n and some guns, the property of the N»)rlh- M'cst company, were taken away, which Uol>ertson stated his people would not allow him to return accordinsr to agreement. Some variations appear in the dift'erent depo- sitions as to the terms of liie agreement entered into with Cameron, which do not seem to have been very clearly explained.
On the whole, the impression on my mind respecting Robertson, i", that convinced of the 8U|ierior rights of the Hudson's Bay cimpany, and of the illegal and unjus- tifiable proceedings of the North- West coTnpany, he has with the natural feelings of a partizan, omitted to give even their fair weight to those circumstances which arc urged by the North-West company in justification of some, and apology for other parts of their proceeding ; and 'Mai considering the re-establishment of the colony not only as justifiable, but in him a meritorious service, he felt warranted in adopting for that purpose, such measures as appeared to him dictated by necessity, " at a dis- " tance (as he states) from ihc jjrotection of law, and exposed to the attacks of u " violent enemy, whose criminal views hud already Iweii disclosed." In the prose- cution of these objects he seems to '.lave had particularly in view, to guard against the erttcts of that violent spirit, wiiich lias been already mentioned us inHuencing the Noi til- West party ; and in some instances to have allowed, perhaps from thi? very cause, his own actions to be guided by a similar spirit.
Mr. UobertScmple arrived in Ucd River as governor in chief of the HnJ o;'» l^ay l( rritories, accompanied by a Mr. Alexander M'Donnell, sheriti' to tlie setile- nunt, in charge of about one hundred and sixty jiersons, a few of lliem servants, l)ut the greater part bttllers, "ith their fmiilies from Scotland, and by Mr. James Suther- land, in charge of supplies for the Hudson's Bay tnuling posts. It appears from the publications of the respective parlies, liiat this gei.lleman bad been appointed in consequence of resolutions entered into by the Hudson's bay company at a general meeting on the Kjlli May preceding, lor the purpose of enforcing tiieir rights of ju- lisdiction, and from his tubserjuent proceed uigs he seems to have been ( cjually, if lift more deeply inijiressed with the rights of that company, and the gross crimi- nality and total want of excuse lor the CDiuluct of their opponents, than even Robert- son himself; from his c()rr<-s;jondence(l)ep(>.sitions. No. i()7, 177 i*t 170,) it is evident he was a man of considerable talents and attainments, although his language is often far from being conciliatory, particularly as addressed to persons by whom, whatever his (>\\i\ seiitimtiUs might be, he could scarcely be ignorant that very difterent opinions weic eiilertained on the subjects in contest ; he appears also for the most part to have looked for the justification of liis proceedings, rather to a general sense <ii luitur.il justice combiiieil «ith some reference to the chartered rights of the Hudson's liiiy comp.iny, than to any acknowledged |)rinciple-s of law ; and it is accordingly stated by Itubertson, tliat he expressed iiis approbation of what he had done, excepting that he thougiit that Cameron should have been detained 111 custody us his sincerity could not be depended upon. .. .
The Norlli-W est com[iany's p(<ht at the forks of Red River was again forcibly seized by Colin Hol)ert«on, who is slated (l)e|)ositions, Nos. itii & 180,) to have fntriKJ ihc same at the head of an iiriii((l paily, eimsisting of Alexander M'Lcan, Ji;hn P. liourke, Michael Hayilon, Mai tin .bddan, and several others, to have imme- diiitely collartd Canierrjn, aivl taken away his iier.'^onal arms, and to have made pri- soneis of iiiai, Sdiiphim Laiii;u-, .lohu Mveright, and ,l'>-(i)h Luurent, dorks ot tlic North-West company, «hilst Jiourke collected and carried oH' the papers found in Ontneron's desk and on the table.
It is fufliitr .stated, tli:il Robertson the next day informed .Siveright that he was going to send oH tiirce men lo inlcKejil tiie North-West expres>, :ind desired him to propose to ("ameroii, that if he would promi-e not to take any iiumo.* to prevent the express cimiing in, tiiC liiieis addressed to himself alone, should be opened, and the olhtrs allowed to proceed, to which Cameron, from the necessity of the case agreed ; tl.alCuuicron then desired that the pobt might be given up, and the trade allowed to go
on,
RED IlIVER SETTLEMENT.
177
on, whidi Robertson refused, saying it was the key of the Red River, and tiiat lie was Inclosure deteiniincd to keep it nt all event** ; and that accordingly during that and the next i" Sir .1. C. Sh«r- day he caused a quantity of sniall arms and pieces of cannon to be brought ovci' ; ^^^'^''c'a! ^°^^ that on the 19th March tiie North-Wcst express arrived, when Robertson opened in Mr^coltnian's" Siveright's presence, six or more letters addressed to Cameron, and one to Lamar, and liepnrt, &c.
retained all the remainder (about one hundred,) excepting three addressed to Sive- ** -^ '
right himself, and that the next day this latter was liberated and allowed to proceed (17th March iSi^
to Qui Appelle. It is further stated (Depositions, No. 159 and 182,) that after the
taking of the post, Robertson declared he had succeeded beyond his expectations, as
well in getting possession of the fort without bloodshed, as in having found papers
therein which would justify all he had done; and that after the capture of the
express he further said, that he was now in possession of such documents, and so
completely master of the secrets of the North- VVest company, that he should be able
to bring them to what terms he pleased in the coalition which must take place, to
prevent the ruin of both companies ; and lastly, that he declared he would fortify the
post, and sink all the boats and pemicaa that Alexander McDonnell of the North-
\Vest company might bring down, should he venture to make the trial.
Colin Robertson, on his part, states, that he was left in charge of tlie colony by Governor Semple, who, on the 19th December set out on a tour to inspect the Hud- son's Bay posts in the neighbourhood, wherein he was occupied for upwards of three months ; that in January credible information was given to him, that Cameron had asserted, that the half-breeds were again to be assembled from as great a distance as Fort des Prairies, and would be joined by Cree and Assiniboine Indians, to drive away the colonists ; that reports of the same kind having much alarmed these latter, he went, towards the beginning of February, in company with two of them, to Cameron's post, and expostulated with him on the impropriety of exciting alarms in the minds of the settlers, contrary to his previous engagements ; to which Cameron replied, that the rcjiort did not originate with him ; that he wished well to tiie settlers, and was shortly going to Qui Appelle, and would endeavour to bring Alexander McDonnell to his own peaceable views ; that Cameron did soon after- wards set off for Qui Appelle, and he (Robertson) for I'embina, where he found the conduct of the free Canadians and Imli'-brccds quite changed from what it had been in the autumn ; and that reports were prevalent of a great assemblage of Indians and half-breeds, from various and distant posts of the North-Wcst company, to drive od' the colonists, and punish those who had assisted them ; that finding it impossible to dissipate the impressions made by these reports, both on the freemen t\nd colonists, he hastened back to Fort Douglas, and thence addressed Mr. Semple respecting the state of affairs ; that he received from him, on the loth March, a letter, written previous to the receipt of his, and dated Brandon House, the ,'",lh of the same month, of Mhich he attests along extract, (Deposition, N° itiy, page 9,) detailing different hostile procc -dings attributed by him to Cameron, particularly an insolent letter written by Cuthbert Grant to John R. M'Kay before-mentioned, his brother-in-law, calling upon him to deny having ever heard him (CJrant) make an apology or express any regret for the part he had taken last year at the Forks, stating his own opinion, tiiat Cameron, in his intercourse with him (Robertson,) had been endeavouring to amuse him with fine words, whilst extracting from his most casual expressions, the materials for future mischief, and mentioning the strongest apprehensions of attempts on the partof tlie North-West company, to induce tlie Indians to prevent their bringing out their provisions from Qui A|>pellc ; that about the ))eriod this letter was received, Cameron returned from Qui Appelle, assumed an air of authority, and was gene- rally seen dressed in regimentals ; that the colonists gave information of his endea- vours to induce them to leave the country, by the offer of a free passage to Canada, and of his reuiarking, he had driven them away once, and would do so again ; that about the i3tii Marcii, a number of the North-West servants began to assemble at the Forks, some from Manitaboo, others from Bns de la Riviere, under one Laurent, and otiiers from Qui Appelle, under Frnser the half-breed ; that menaces and reports of intended injuries by the North- West company became more frequent and alarming, and that in consequence, he wrote to f lovernor Semple, suggesting the necessity, tor their safety, of again taking possession of the North-West post : that immediately after iiispatching this letter, he learnt that Fraser had gone to Pembina, with the intention of bringing down the half-breeds from that quarter in the s|)ring, and t.it more balt"-i)recds and other servants continually arriving at the post, lie thought unless he acted immediately, he might not be able to succeed, therefore without waiting a .'"184. " Zi reply
s.
I' ,
»7S
1» A P K II S R K L A T I N G TO T H K
Iiirlotura in Sir J. C. SI\Rr- brnuke'i, of aotU July 1818; via, Mr, C'i)Ui)mn'> Utpoit, i\c.
X'
^•'•^"
•V
reply from Governor Semplc, h« agiiiu took possession of tlic post, and placcU C'tuiicron iu custody.
In his further details of tlic CBpttirc, hoth of the post and siihscquently of the express, tlicrc is not much vnriation from the statements on l)chalf of the North-
West company, exceptinj» that he mentions, that tlie place being t«i<en by surprize,
M.ii M 1 .M.<. he found, on entering Cameron's room, an open letter, in his hund-writinj;, tojanie* (trant of rond-du-Lac, u copy ot winch has been nicd beiore me (Deposition, No. 168, letter I,) in which Cameron expresses a wish, that (irant would send Ills Pilleurs, n band of Indians in that neighbourhood, to Red River, as they would find ^ plenty of pillage, if they went cunnini^iiy to work ; the sight of which, he says, in-
duced iiim to seize the whole of the papers ; and that with regard to the express, his promise of letting it proceed was conditional, provided the letters to Im; opened contained no mention of plans against the colony. In further justification of his proceedings, Mr. Robertson naturally dwells much upon the contents of the letters intercepted by him, whereof he attests large extracts (Deposition, No. 167,) copies of many of which have l)een proved at length (Dtpositiofis, No. it)8 and J40,) relative to the affairs both of 1815 and 1816. • . =
In regard to those of the former year, reference has already been made thereto, in stating the transactions of tliat period, us proving that llie intluencc possessed by the North-Wcst company over the half-breeds was deliberately used by the partner* on Red River, to ctVect the expulsion of the colonists ; and those res|iecth)g the latter, are chiefly remarkai)le for the undisguised expressions of u most violent and hostile spirit on the pHit of the writer. s, Cuthbcrt Cirant and Alexander McDonnell, joined to an open avowitl by the former of u resolution again to expel the colonists, and a scarcely attempted concealment by the latter of his participation in, and iu> stigution of the design ; a kiiuwlmigc of which is directly confessed in the folluwing terms : — " Our complete annihilation from this river is in contcmplution by Robert- " son, and his anniliilation by the half-breeds." lly an extract from one of his letters, it appears however, that no preconcerted plan could have been formed on tliis subject by the partners at large, as writing on the 13th March 1816, to the agents and proprietors of the company, he says, " contrary to our expectations, " tliat hero, Colin Robertson, brought back in the course of last summer, the " settlers who left this river with un intention of visiting their own country."
RolKirtson dwells ulso much upon the gross deceptions Cameron attempted to practise upon him, by assuranres of his pacific and friendly intentions, whilst actually n party to plans of the most determined hostility ; in proof of this he refers to a, letter from .Mcxander I'raser, dated 28th January iSUi, found amongst Cameron's papers, w herein IVaser requested him (Cameron) to visit Qui Appelle, as his pre- sence would have mateiiiii weight with regard to the rendezvous of his (Eraser's) countrymen; which rendezvous Robertson refers to have been the object of Cume- ron'.s journey to Qui Ajipelle, when he stated he was going to bring Alexander M' DonntU to his own peaceable views, and in further contirmation of this opinion, he refers to a joint letter of ("ameron and M' Donnell (Deposition, N* 1 68, marked H.) written at the period of this visit to tiie North- West partners at Fort des Prairies and elsewhere, wherein they say, " tlie spirit of our peojile, C8|)ecially the half- " l)reed% will rc(inire to Ik; rouhcd, and we tliink the appearance of a few of their " colour from the nearest |)osts, would again iiavc the desired effect." Of the circumstances, ns well as the terms, in which tlic assurances before-mentioned wert given by Cameron, Mr. Robertson however has produced no evidence exce[)t his own, and the opinion of Mr. Seniplc ; and consequently without any impeachment of their sincerity, some allowance is to be made for the natural prejudices enter- tained by them, particularly as Cameron has as yet had no opportunity of being heard on his part.
That in the respective situations of the parties, mutual deception would frequently be attempted, tlierc can iu; little doubt ; and that Robertson had himself views, even at an early date, beyond what he publickly acknowledged, appears evident by his letter to John Pritcliard, of 18th I)eeeiuber tSi,';, wherein he says, " I have " physical force sutlicieut to punisii those rascids, but 1 would not willingly have " recourse to hostile measures in the present infant state of the colony ; indeed " I am i)y no nK;ans inclined to ride with too much authority, till I am firmly seated " in my saddle." Whilst at the same lime, the general spirit of his correspondence (Deposition, N° 152,) and that of Mr. Semplc and the other officers of the colony
(Deposition,
RED RIVER SETTLEMENT.
«T9
tlaccti
(Deposition, N* I7(),) cs|N>ciaily tiic letters of John Uodgersand £. Holte, evince a lurloiure spirit ot violence and hostility to Imvo pervaded the whole party; as on the other in Sir J. c. Sh«r- hand, iho dcclurHtions which Nolin, tliu Hudson's Bay company's interpreter at ju^'',''g*'8''.' X"* lied Hivtr (Deposition, N" iio,) states to have been made to hiui by Bostonois and m/ CoUman'i' ' Luiiiur, show a .similar spirit to have been early entertained on the other side ; the Report, &c.
former of these imvinj; mentioned, " that Cameron very shortly after his arrival, ~ -^^ ^
" had remarked that it would be easy to drive awny the colonists whilst weak ; oa ('7'h March 1816.)
" which he himself had said, that it would not he proper to attempt it, as the colo-
*' nists hud dune nothing to thnn, and that they should be always in time to drive
" them away when they pleased ;" and Lnmar on occasion of a visit made by Nolin
some time after the assault on him on New Year's day (detailed in Rodger's letter,
and for whieii an apology had been made by Mr. Robertson,) having told him that he
had just received a letter from I'rascr, the half-breed, saying, " that he is the fifth
" to command the hulf-breeds, and that if the least further insult is offered to mc,
" he is ready to come down and chastise the colonists,"
In a previous deposition by Nolin before the Earl of Selkirk (No. 209,) inserted in the printed " Statement," there is a material difference in respect to the terms of these comn)imications ; thi» latter deposition was not however before me, wlien examining Nolin, so as to question him respecting this difference ; and liaving been at all times myself very careful to take down the words used by witnesses, I have thought it right in all douUtnl cases to rely principally upon the depositions as taken by myself.
On the coniplaints of the North- West company in the present case, three bills of indictment have been found at Montreal against Robertson, Bourke and Haydon ; one in September iSifi, for stealing the papers and private property of Cameron, j and the others in March last, for stealing the property of the North- West company, / and for riot and false imprisonment of Duncan Cameron and others.
The North-West establishment at Pembina, was forcibly entered about eight On or about the o'clock at night by Alexander M'Donnell, the colony Sheriff, John Pritchard, John ig'b March 18 i»j. M'I.eod, and others. Bostonois, who was in charge thereof, was made prisoner, together witii Fraser, Hesse and Cotonaha, three half-breeds, the keys of the store eeized, and all the arms and amnmnilion carried away. It further appears, that the third day, Bostonois was brought to the post, and asked to whom he wished the keys of the store to be given, to which he replied, that they had been forcibly taken from bim contrary to all law, and he would agree to nothing ; that in consequence, an ; inventory of the goods was made, and they were removed to the colony store at Pem- ( bina ; that Bostonois and the other h ilt-breeds were sent down prisoners to Fort \ Douglas, and that some time afterwards the goods were also sent down there, in con- ' Be(|uencc of a letter from Governor Scm|)le to Pritciiard, stating that the North-West ) company having taken the property of the Hudson's Bay company in Peace River, y " they must try to have a few things to balance the account."
The clerks and most of the servants of the Nortii-West company quitted the post On the 10th April at the forks of Red River ; it being stated in the deposition of Serapliim Lamar >^'''- (No. 161,) tlie principal clerk of the post, that Colin Robertson retained possession uf the stores and buildings, and alloweit no one at the post to attend to the tA'airs of the com|)any ; and in Siveright's (No. i. ''>[),) that having returned from Qui Appellc j witli letters from Alexander M'Donnell, demanding the peaceable restitution of the post, and the same being refused, he went to his own post at Wh . River.
Colin Robertson states however in his deposition (No. 107,) that he had some- time before returned to Lumar the North-West company's hooks, and informal the Indians that they must pay their debts faithfully, that the trade also was allowed to go on, Lamar being in charge of all the property except the spirits and ammunition, of whicli he feared an improper use might be made ; that on Siveright's arrival with M'Donnell'b letter, he renewed the offers of allowing the trade to be carried on either at the Noith-A\'est post, or that the property, with the exception of the spirits and ammunition, might be removed to the house of a ncigliboiiring free Canadian ; the delivery of the po>it itself he however admits was refused, as inconsistent with the safely of the colony, and that in consequence Siveright, after making out an inventory of the property, and delivering it to him, left the place with many of the servants, and Seraphim Lamar states, that he also went away about the same time.
584. The
\i
i8o
P A I' Iv R S 11 i: L A T I N G T (^ T II E
liifloaure 'I'lie Apparent contradiction brtwccn this l..^t witness ond Robertson, may probably
br.«>k«i of »oth "'^"''^ '^°'" '"* <'°"^'*''-'''nil ihc olViTs made so inadmissible as to amount to a total ■July i8»8j VIZ. denial, which indeed apiwars by the deposition of Nolin (No. 210,) to have been Mr. Cdlinmn* practically the ciVect, except as to tlie collection of' ilebts. He|>oit, Ac.
V ^^ .y The continued resolution of keeping possession of the North-West post (which
(loili/ipril i8i6.) *"•'' "gain shown on a subsequent application in May, although the question was not then brought so absolutely to the pomt,) is urged by that company as -i strong evidence of that spirit of aggression on the opposite party, which called forth the measures of defen."e adopted by them ; and it certainly does go very far to impress upon my mind n persuasion, that the seizure of the post was not a mere defensive measure, but part of a system for giving cflict to the intended exercise of the exclusive territorial rights of the Hudson's Day company ; a persuasion which has been further confirmed by observing, that Governor Semple, in 0 letter to the agents and proprietors of the North-West company, written shortly before his death, a copy of which is attested by Robertson (Deposition, No. 167,) speaking of this measure, says, "a regular " notice to quit the Forks, the focus of so much mischief, had been delivered in " October 1814, by Mr. Peter Fidler, and treated with contempt ; it became neces- " sary to have recourse to legal force, and bring the question to issue, whether the " Hudson's Bay company arc to be allowed a right over their own territories." That the Earl of Selkirk, in a letter to Colin Robertson, from Montreal, 30th March 1816 (Deposition, No. 280, marked R.) says, " there can be no doubt that the North- West '* company must be compelled to quit all their intrusive possessions upon my lands, " and especially the post at the Forks; but as it will no doubt be necessary to use " force for tliis purpose, I am anxious that this should be done in a regular manner, " under a legal warrant from tho Governor, so that there may be no ground for " charging us with acts of illegal violence, similar to the conduct of the North- West " company ; " and in a subsequent part of the letter. Lord Selkirk gives the plan and site of a village, to be built in the event of the North-West post being actually in his possession ; that Captain D'Orsonnens, in his deposition, No. 280, and his agreement of October 1816, with J. A. Dease, for the surrender of the post at Lac la Pluie, which has been proved before me (Deposition, 273,) speaks of an intended notice from Miles M'Donnell, to quit that post at the end of six months, as a legal order which he evidently meant to enforce ; and lastly, that it is attested by Siveright (Deposition, No. 159,) that he heard Rol)ertson declare, " That it was the intention " of the Hudson's Day company to act up to the authority of their charter, and in " virtue thereof to take possession of every North-West post established within, " what they conceived, their limits ; and thereby to cut oft the communications " l)ctween Fort William and the countries beyond Lake Winnipic, that this might " produce a law suit, which would require a long time to decide; but, that in t: " " mean time the Hudson's Day company would keep possession, and that at all " events they could lay the blame of whatever might occur on their charter :" and by I.«ucisse (Deposition, No. 219,) that Robertson, .-ipeaking of the capture of the North-West post, said he had done nothing but in conformity to his orders : it is true Colin Robertson denies, towards the close cf his deposition, (No. 167,) having made useof such expressions, or having any knon ledge of such orders ; but he allows that he may have stated such proceedings to be what he would advise ; and the terms of his denial arc not inconsistent with tho fact of a general knowledge of the designs and wishes of his employers, of which it is scarcely possible to conceive him ignorant.
It appears to me also, not very probable, that persons of the known talents and general information of the Earl of Selkirk and Governor Semple, could really suppose, even alloning tlie rights of territory and jurisdiction claimed by the Hudson's Ray cowpany to be vested in Uiat body, that a non-compliance with notices, such as those Lssued by Miles M'Donnell could legally authorize (under any warrant from their governors) an attempt to give effect to them by force, particulaily as tlie right of appeal to the Privy Council from the judgments of their courts, when exercised with every projter legal form, has at no time been denied ; and should it even bo supposed that such an opinion could ever have been bom fide entertained, the pro- ceeding to act thereupon without due legal advice (for it is impossible to suppose any such can have been obtained for conduLt so o|)positc to the circums|)eclion recom- mended by the printed opinions,) in enforcing the judgment, even of their courts^ evinces such a blameuble carelessness as to consequences, on a subject likely to tudangcr both the peace of the country and the lives of individuals, as to make but
little
JX
n E D n I V F, R s r T T r f, m k n t.
181
ibably total been
little (lilTcrciice in the merits of the question, ollicrwisc limn nn it may materially vary Inclosnr* the lej»iil consequences, should the iniputeil conspiracy, or any other criminal churuc. '" ^''■•'- C". sher- be brought before u court. ['r.H.k*'., „f .ioth
.Inly 181 H ; via.
Pierrc! C'hrysoloqne Punibruii, •» clerk of the Iliiflson's Uny cnm|»any, formerly a 1^'' ''oinnHn'* nitenant in iiie Voltipier reginuut, was cent by Ciovernor Semple to Qui Appille, ."•''""''/''•'•
the bcail of an armed party. It is ctiitcd by the Nortli-Wot eorii|iiuiy, that this ,, ret: WHS intemlcd to take their nost iit Oni Anncll.v nnrl B.ivi" Al..«iii,il,.r Mel »,.„.„, II • " '. """^P"'
lieutenant at
foice WHS intended to take their post ut Qui Appeih', and sei/c Alexander AI'Doniu II ; ','«", j and some {:;ruunds for the opinion seem to have cxi led, from the lettrr of E. Iloltc (I)epositiciu, N'o. t7(>, marked C.) and from ii decliuiition stated by Lamiir (Depo- sition, No. i(ii,) to have been made to him by Pamhruii; but the instructions from (iovcrnor Scmple to tliis latter, of which ho bus attested a copy (Depositions, Nos. 17J and 173,) seem clearly to show that the measures in contemplation were cliittly defeuMve.
James Sutherland, !'.('. I'ambrnn, and twenty-tHo men, in the service of the On tlie 8t!i May Hudson's Day company, in ehari;e of live boats, containiiii; twenty-two packs of furs, isio. and about six hundred l>a;:s of pemican, whil.'^t nnbuiriissed in the rapids of the river <^ui Ap[)ellc, were attacked by a party of about lorty-nine pcr.ioiis, under the com- | / mind of (.'uthbert (iraiit, 'riiomas M' Kay, Koderick .\1' Keiuic, ami l!l)^tonois, clerks 01 iiiterpicters, and llrischois, a ijuide in the service of the Nordi-W'est company; the property seized, and themselves made prisoners, anil taken to the North-West company's post, where Alexander M'Donnell avuvved what had been done to be by bis orders. On this charm' " bill of indictment wa.-> fduiiil in I'eliniary last, at Mon- treal, against CulhbertCirant, and seven others as principals, and ui:;dnst Alexander M'Donnell, as accessary before the fact. Colin Uobertson, in his deposition, attri- butes some imiwrtance to the circumstiince of this event liavinj» occurred within ^ three days after Alexander M'Donnell had dispatched bis last propositions for a peaceable arrangement; but the followiuii extract from a letter ot Mr. Sutherland's, inserted in I'eter I'idler's journal (Deposition, No. itl4,) removes in a great degree ihe ajiparent charge of duplicity.
" This has solely occurred through Mr. Robertson's having liberated Hostonois, •' who arrived the night previous to the attack, with horrid accounts from the Forks ; " liad he not arrived, we should have passed down tiie river without molestation." An account which certainly appears more probable, than that M'Donnell, if he had previoiiifly intended the seizure, should have allowed the provisions to depart at all; andshotild in his letter to Robertson (Deposition, No. 177, marked E.) have taken credit for the same as a proof of his peaceable views, when tli^ reverse must have ni)[)eared lieforc any advanta;;' could ha\'' been derived from tiic attempted imposi- tion : the charg( against Hostmiois, how ever, appears aggravated by this circumstance, us it is stated by Robertson, iliat Rostonois before Ixing liberated, solemnly pro- mised, that he would not distui the traiuiuiililv, or attempt to injure the interests of the col</iiy; a promise which aj u-s also Xu ; ^e been given in very strong terms by Alexaiiiur Fraser in a letter, a n., . of which Kobeitson has ii'tested (Depo.-ilion, No. it)/. ) '1 he promise of IJosto;. is, who was kept prisoner alt( I'lasL"-, appears, however, as stated by Louis Nolin (_I)epi. ition, N'o. -lo,) to lure bcc'i simply not to attack the colony. On this point, however, Nolin docs not go mucli into detail.
Duncan Cameron was sent dVas a prisoner to Hudson's J'ay, underthc charge of On tlie iStli May John M'Leod. iSiu,
The furs taken at the North-^'i'ct po? at the Forks, con istimj of about forty ,, ,, . „ 1 . I I ■ I , • 1 , 1 1 1 • . r , ■' *'" llif :!ist Muy
pricks, were emhaiktd m tliree canoes which li.iu been taken witii the (/Obl, ind sent jSkj.
oHto Hudson's Ray, undercharge of Mr. James Sutherland.
Tiif Hudson's Ray companv's pf>st of Ihandon House, on river La Sonris, was On i.r about the 1st plundered bv n p. irty dispatched by .\1( \andor M'Donnell, con^i^ting of Cuthhert Jmii; »si6. (irant, Alexander I'raser, Louis Laserpe, RonlioMiint; Montour, Thomas M'Kay, Antoinc lIoLile, suid about i.venty others. On tliis occasion it lias been reporttd, that a good c u 01 iirivate pillage took plai < and Josepii l'( lletier (lit Assinihoine, who was jnex :'1 :it tie time, slates (Deposititju, No. l.:ly,)tiiat Louis Laserpe was the riiii;-lead( r, and distributed to tlie party all tlie property found at the post, except the furs, tobacco and ammunition, which were reserved for the N'orth-\\'est company. Peml'run also (Deposilion, No. iy4) states, that he saw Ronliomnie Montour divieic part of t!ic property taken. On this charge, an indictment was found in February
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23 WEST MAIN STREET
WEBSTER, N.Y. 14580
(716) 872-4503
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PAPERS RELATING TO THE
last, at Montreal, against Cuthbert Grant and six othors, as principals, and against Alexander McDonnell, as accessary before tlie fact.
1816.
in Sir J. C> SIter* broi)ke't, of iolh
Mr. Culimu's * v^ Governor Semple gave orders to take down the North- West company's post at tlie Report, *c. -nT forks of Red River; wliich it ap|)ears (Depositions, No. 182, 319, 222 end 223)
'^ ^ * were immediately carried into execution under his orders, and tiiose of Robertson,
On the loth June/ Uourke and Nolin; that all the best of the timber was rafted and carried down to I Fort Douglas, and one bastion, and the remainder of the timl)er burnt. By the I adoption of this measure. Governor Semple appears finally to have put an end to all probable prospect of an amicable settlement (for the overtures of Alexander Al'Donnell had always been founded on a supposition of the post being restored,) and thereby to have practically determined on tlie assertion, in this instance, of the Hudson's Ray company's territorial rights, trusting at the same time to his physical force for the protection of the colony ; such a determination appears indeed quite consistent with the hostile preparations witnessed by, and the tone cf defiance used towards Siveright, and still more towards Lamar, the persons whom Mr. Alexander ArDonnell had sent with his propositions, as stated in tlicir Depositions (No. 1 59 and 1 6 1 ;) these statements, although to be received with some caution, as those of parties interested, are yet so far conformable to the tenor of Semple's own correspondence^ as to appear entitled to some consideration, and arc further confirmed by the depo> . sition of Francois Eno dit De Lorme, an interpreter in the service of the colony • (No. 113,) who states that previous to the arrival of the half-breeds "he had beea " consulted by the Governor as to the conduct he ought to pursue, and had warned iiim " be would have little chance on the plains, although he was strong whilst he remained " at home, and in opposition to Mr. Pritchard, who asserted that fifty lilnglish were " equal to two hundred half-breeds, had said, that on the contrary, fifty half-breeds in " the plains, would kill two hundred English ; " and further adds, that after the battle he remarked to Mr. Oourke and Mr. Pritclmrd, who had been the most eager for going out to meet the half-breeds, that they would have done better to have followed his advice, to which Pritchard replied, "that it would have been an honour to them " had they succeeded." Tiie great alarm universally allowed to have pervaded the tettlers, and which was evidently shown in their burying their property, as stated in various depositions (Nos. 198, 199, 200 & 207,) further shows the general conviction, that hostilities were nearly inevitable. Oh this charge a bill of indictment has been found at l^Iontreal, in February last, against Colin Robertson and four other persons, for riot and destroying houses. With regard to the persons present at the burning of tli remains of the fort, there is some contradiction ; two witnesses (Depositions, No. 182 and 219) stating that Governor Semple was there at the time, and another (Deposition, No. 113,) that he had heard him forbid the burning. Robertson, no one states to have been present, and by his own deposition (No. 1 67,) it appears he left the forks of Red River the 1 ith June, the day after the orders had been given to take down the post, as although he entirely approved of the measure, he was un- willing to remove to Fort Douglas, as it might lead to the renewal of discussions ^vhich he had already hud with Governor Semple, respecting the proper mode of defending the colony. Wiicn arrived at Lac Winnipic, he however returned to witliia a few miles of the settlement, and sent a letter offering his services to Governor Semple, if they should be thought useful; they were however declined. The final cause of disagreement he states to have been, liis urging that the settlers should be called from their lands to the fort, a measure which Govenior Semple deemed unne- cessary. It api^ars also by his deposition, that on many previous occasions he had thought Governor Semple by no uieuus sulliciently decisive in his proceedings against the North- West company ; for ulthough after his return to Fort Douglas, he signified by letter, his approval of the capture of the North- West post at the Forks, and of the intcrce))ting of their express, yet he delayed sending off Camtron, or adopting the precautionary measures of taking down one or other of the posts, and collecting tlie people about the one to be left, although strongly urged by himself; and that Cameron was not finally sent off till after they burnt the capture uf Mr. Sutlicrland, Mith the furs and provisions, nor the North- West post taken down, till they had received infonnutioii of the eapt«H'c of Brandon Mouse. It might indeed be in» ferred from these circumstances, and the declaration which Cuthl)ert Grant (Depo* sition, No. ai(^) states, that Mr. Semple made to him when wounded, of his not having l>een present at, nor ordered the capture of cither of the North- West posts, or of their express ; that he lM»d never coixlially approved of Robertsou's proceedings, t although publicly justified by him. ; • ■ » Moustouclie
y
1
RED RIVER SETTLEMENT.
183
MoustoiichcBoutino, (i half- breed, arrived at Fort Douglas with intelligence that the On the 17U1 June f)Arty of hah'-brcedfl waa arrived at Portage de Prairies with Ale&aiider M'Donnell, and 1816.
would be down in two days to attack them, and talked of nothing but taking the fort, and makinfi the Governor prisoner. Moustouche, in his deposition (No. 204) translated 'by Joseph Pilleticr dit Assiniboine, he himself not speaking French, states, that having liuard Captain Uourasta declare, that in case the colonists came to attack them they must fire upon them ; he not being in the service of the North- West company, and not wishing to Cbke arms on cither side, left the party to come down and join his family at the Grenouilliere, although Grant did every thing in his power to engage him to remain with and assist them in making the colonists prisoners ; and that in passing the fort he informed the colonists, that the half-breeds were coming down to attack them ; and Nolin, the Hudson's Bay interpreter, also a half-breed, in his dcpositioa states (No. 210) what passed nearly in similar terms, with the addition, that Moustouche mentioned, that having been cured by the doctor of the colony of a wound, when neglected by his former masters, he thought it his duty to otfcr thern his services if attacked. Nolin further adds, that he received private advice from the Lalf-breeds, by Moustouche and some Indians, warning him not to join in any affair with the colonists, for if he did he would not bo better off than another, as they were resolved to take the fort and the Governor, and to drive away the colonists; and that as to Rol)crtson, they would cut him in pieces. In the coutce of the day tliat Moustouche arrived, two Saiilteur chiefs, with about ten other Indians, came to offer their services to Governor Seniple in case the colonists should be attacked ; tdding, ;hat they believed all the other Indians entertained similar sentiments ; to this oiier Nolin states, that Governor Semple replied with thanks, but expressed his hopes, that things would not come to such an extremity; and declared, tliat in any event lie could not accept their services, being of opinion that he ought not to induce the Indians to take any share in the disputes of the Whites, and therefore begged them to remain quiet ; after which he made them a present. John Pritchard states, in his deposition (No. 1H7,) that the Indians expressed great regret at tlie Governor's rejecting their assistance, and tlie next morning returned •gain, stating their fears that the colonists would be driven off, and requesting, lest •uch an event should happen, to give tliem some animuniiion for the support of their families ; that ho replied, he did not fear those who were coming to attack them, but as nodiing was certain in this world, he would order them a sufficiency of ammunition for the summer. In consequence of the information received this day, an order was issued, that the colonists should come in and sleep at the fort every night.
Alexander M'Donnell dispatched from Portage dcs Prairies, an armed party of >ixly to seventy men, for tlie purpose of escorting to the Grenouilliere two carts with tiventy bags of pcmican; this party was commanded by Cuthbert Grant, under whom Hourassa and Antoine Houie acted as captains, and consisted of four Indians^ six Canadians, and the remainder half-breeds ; the orders given them by M'Donnell appear, by a concurrence of evidence (Depositions No. 161, 203, 204, 205, 206, 208, 21,'), 220, and 221,) to have been to pass in the plains as far distant as possible from Fort Douglas, to avoid making any attack, or causing alarm, and to wait at the Gretiouilliere the arrival of the canoes from Montreal, for whose use the provisions were sent, but that in case of being attacked, they might defend themselves. p. C. Pambrun, who was at the time a prisoner at Portage des Prairies, in his depo- sitions (No. 172 and 17;}) states positively, that this party was sent to attack the colony, and that he was told so by Alexander Fraser, Thomas M'Kay, Hesse, and Q t^org of the party ; there can, however, scarcely be a doubt that this information related to an attack contemplated at a subsequent period, probably after communica- tion with the canoes from Montreal, for that some, although not an immediate attack was intended, there can be little or no doubt. Pambrun states, that on his first^ being taken a prisoner to the North- West post at Qui Appelle, M'Donnell declared it was his intention to compel tiie colonists to surrender by famine, and that it was with this view he hud taken Sutherland's provisions ; that on the way down he further stated, that the business of last year was but u trifle in comparison with what would take place the present one, and that the North-Wcst company and half-breeds wera now one ; that M'^Donncll having met at the forks of the Assiniboine Uivcr an Indian chief and his band, made a speech, by means of his interpreter, to induce them to acconipany and assist him in driving off the settlers ; adding, that if these latter rcsibtcd, " tlie ground should be drenched with tlieir blood, that not one should bo " spared ;" that Alexander Fratier and the otlier half-breeds spoke of tiie different . jt!4> wiodes
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modes in which, according to circunistancea, they intended to attack the colony ; to wit, that they would make prisoners of all they found out of the fort, and that if the fort should bie too strong to attack openly by day, and the people therein well sup- plied with provisions, they would tic bundles of hay to tiic pickets at night, and set nre to them, so that the buildings ofthe fort might take fire, when they would secure the people as they ran out, or if the stock of provisions was small, they would place themselves in ainbush, and shoot if they could not take those who went out for fish, food or water, till the fort should be coni|)clled to surrender. The substance of this statement, particularly as to the intention of compelling the fort to surrender by famine, is confirmed by various evidence (Depositions No. 174, 17O, 187, 198, i200, aio, 210 and 237,) especially by Pierre Soucisse, one of the most res()ectable of the free Canadians (at whose house I lived when at Red River,) and who appeared to me to have at all times continued on friendly terms with both parties : this person in hisd position (No. 219) states, that Cuthbert Grant, Antoine Houle, and Michael 13ourassic, the three half-breed captains, publicly acknowledged " that on their first " starting from Qui Appelle, tlieir intentions were to retake Mr. Cameron and the " North- West post, and that on learning the destruction of the latter, they deter- " mined to besiege and endeavour to take that of the colony, relying chiefly on " cutting off their supply of provisions, ant| that they intended to take a position at " tlie Grenouilliere, which would at the same time enable them to cut off the com- '' munications of the colony, and secure their own ; that they did not avow their " intention of driving off the colonists, although he believes tticy might have enter- " tained it even before the battle ;" and further, that on the arrival of Alexander M'Kenzie, formerly an agent of the North- West company, he was present at his iirst meeting with Alexander M'Donnell, his partner, when the latter told him " that " his general plan, and tliat which he had recommended to the half-breeds, was to " blockade tlie fort of the colony, and cut off their provisions and water, by placing '' themselves on both sides the river, so as to oblige them to surrender, from " famine." Similar declarations appear also to have been openly made by Grant and Fraser, the night after the battle, to their prisoners , and Alexander Sutherland (whose deposition, No. 2U0, I took with much care) says he learnt from them, " that " their plan was to erect a battery on the opposite side of the river, and to fire from " it upon every person » ho should come out fur water, or other purposes ; and that *' they should also set fire to the houses by arrows, with lighted touchwood, which " ihey would fire at the roofs." With regard to the speech made to the Indians, James Ilird, junior, a haU'-breied son of the Hudson's Bay Governor of that name, who was with the party at the time, and was told by the Indians what had passed immediately afterwards, differs from Pamhrun in his account thereof (Deposition Ko. 1 7.),) in not mentioning the violent menaces towards the settlers, imputed to M'Donnell. The number of the wliole party collected at the Portage des i'rairies, is btuted by different witnesses (Depositions No. 1,59, 173, 204) to have been from one hunched to one hundred and twenty persons, of whom about three-fourths were half-breeds, some few of these clerks and interpreters, but chiefly canoe-men in the service of the North-Wcst company, with others who came down to assist in pro- tecting tlie property of tlic said company.
This assembling of the half-breeds by Alexander M'Donnell is acknowledged by the North-Wcst company in their lute .statement to me, and is even attempted to be Justified as a measure of di fence to which, under similar dangers, they must regain of necessity have recourse. This excuse of self-defence however, such as it is, will not apply to tiie ulterior intention of driving off the colony ; for even believing thcNorth- West company to be persuaded, as it appcirs to me they were, on suilicient grounds, of the intentions of the Earl of Selkirk and Hudson's Bay company to drive them by force from tlie country, under an idea of legal right, either real or a huuied, they, who possessed no shadow of right, cuuld not deem an attempt to rctdiate by driving off their opponents ;i legitimate njodc of self-defence, and more particularly when it was to be etiectcd by employing agaiuit their fellow suhjccls an ungovernable and nearly .savage force ; a measure which nothing could Justify, nor any thing, as appears to mo, dictate, but ihut lawless spirit of violence and oppression by which the North-West couipimy has so long maintained its monopoly. Numerous instances of this spirit will be found in the intercepted correspondence of the partners (Deposi- tions Nos. 103, 123, 124, la.'j, I2(i, i()8, 240,33,';, 336, 337,) and other documents filed, wliich have fidly convinced me, not only that the expulbion of the colony was contumpluted by M'Donnell, and those iniuiediutely acting with him, but that it has beaa mure or less directly approved cither before or utter the occurrence, by nearly, if
not
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not all the partners of the company A\ho had ian opportunity of expressing an Inciourc opinion, ur taking part therein, accompanied in some instances, particularly in those |" ^^ J- C. Shar- stated by Louis Blondeau (Deposition, No. 171,) and F. D. Huerter (Deposition ju'Jj'',*8;8°! '°* No. 235,) if the witnesses can be entirely relied upon, with threats or declarations of Mr. Culiniiiu" the most savage ferocity. Repnrt, Sec, .
The unfortunate affray took place, in which Governor Semple and about twenty of on the loth Jum his officers and men lost their lives. The annexed plan (No. 3) shows the exact i^tfi. spot where this melancholy event occurred, together with its imniediate neighbour- 1 hood, and explains many local circumstances connected therewith, respecting some of which the parties agree, and differ as to others ; the whole of which will be found more particularly stated in the depositions relative thereto (No. 1 84, 1 85, 1 86, and 217.) .
It further appears by various depositions, (Nos. 189, 190, 191, 198, 201 and 207,) thut about five o'clock in the afternoon the party of half-breeds and others dis- patched by Alexander M'Donnell from the North- West encampment at Portage des Prairies, were seen crossing the plains near Fort Douglas by the men kept there on xvatch ; by the depositions of John Pritchard (No. 187,) who appears to have been present at the time, of Alexander M'Donnell, the Sheriff of the colony, and the person next in command to the Governor (No. 195,) and of John Farquharson, one of the men on watch (No. 19G,) it appears, that the half-breeds when first seen were nearly opposite to Fort Douglas, at a considerable distance from the usual road in the plains, so that it was only on crossing a rising ground that they could be distinctly seen ; that on their being first perceived, immediate notice was sent to the Governor, who was in the house, and that Alexander M'Donnell mounting with a spy-glass to the top of a barn, saw a considerable number of horsemen advancing towards the upper part of the settlement ; whereupon Governor Semple said we must go and meet these people, let twenty men follow me ; that this number was accordingly sent after him by Alex- ander M'Donnell, who remained in charge of the fort, exclusive of officers, who fol- lowed one or tw o at a time ; that many others wished to go, but were not allowed, Governor Semple having declared he only went out for the purpose of ascertaining the intentions of the hal^breeds, and to afford some protection to the settlers, who were working on their lands.
Alexander M'Death, an old soldier, formerly of the 73d regiment, in his depo- sition (No. 1 97) states, that having seen a large body of horsemen and carts crossing the plains at about three quarters of a mile distance, and been visited at his own lot, No. 3, by three of them, for the purpose of obtaining information, he was coming to the fort for protection, together with William Sutherland and their respec- tive families, (w ho with James Sutherland and his family appear to have been the only settlers that came in for that purpose before the battle,; when they were met uy Governor Semple, to whom, perceiving that he had not much above twenty or thirty
Cersons with him, he remarked that tlie North-West were very numerous, and that e would do well to take two field-pieces with him, and to keep his back to the river to avoid being surrounded, and offered if he could have a gun to go out w itii him ; to this the Governor replied, " No, no, there is no occasion, I am only going to speak " to them ;" whereupon M'Death went on to tlie Fort, but was shortly passed by Mr. Hourke, whom the Governor had ordered to go back for one of the great guns, observing it w as well to liave it in case of need.
By the deposition of John Pritchard (No. 1 87) it appears, that after halting some time for the cannon, the Governor ordered the party to advance along the road ; that they had proceeded but a short distance when they perceived the North-West party coming forward on horseback, far superior in number, and the half-breeds painted like Indians ; that the Governor's party thereupon, by a common impulse, began to retreat, walking backwards, and at the same time extending their line so as to present a larger front, whilst the horsemen continued to advance on tliem at a hand gallop, and surrounded them in the form of a half-moon; that almost immediately afterwards a Canadian, named fioucher, rode up to them, waving his hand and calling out in a most insolent manner, " what do you want ;" the Governor replied, " what do you want," to which Boucher answered, " we want our fort," and the Governor said " go to your fort ;" tliat after this he (Pritchard) could not hear what passed, but saw the Governor lay hold of Boucher's gun, and that immediately aftenvards a general discharge of fire-arms took place, but he could not distinguish on which side it commenced, but in a few minutes almost all the Governor's party were either killed or wounded ; tliat Captain Rodgers, wiio had fallen, rose up and came towards him,
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^ when he vdvised him to give himself up ; for which purpose he ran towards th« ir J. C. Shcr./ enemy, itdtting up his hands, wid calling out in English and broken French for mercy, 'tshli?.^ t?i!'' / '*'*° * ''•^'*"''"f**' of tlic name of Thomas ^I'Kay, a clerk of the North- West com- pany, shot him through the head, and another cut open his body with a Kuife; that his own life was saved with the greatest difficulty, one Luvigne, a Canadian, joining with him in entreaties to that effect ; that he was then sent under ilie guard of two Canadians, Morrin dit Perrault, and Mageau, to the head rjuartcrs of the half-breeds at Frog Plain, where he found Alexander Murray and his wife, two Bannermans, Alexander Sutherland, and Anthony M'Donncll, also prisoners ; that at the time he was conveyed away, several of Governor Semple's party, who were only wounded, called to him for God's sake to come to tiieir assistance, and that scverrl of the half- breeds afterwards told him that they had completely dispatched those who were wounded ; that Cuthbert Grant told him that Governor Semple was wounded by a flhot Urotn bimaelf, aond that lying on the ground, his thigh bone being broken, he asked hiai if he was Mr. Grant, and being answered yes, he said, " I am not mortally " wounded, and if you could get me conveyed to the fort, 1 think T should live ; ^t Grant premised to do so, and then left him in the care of a Canadian, but that the Governor was afterwards shot throu{^ the breast by an Indian.
These particulars agree nearly with what Grant stated in his deposition (No. 2 16,) and he further adds, that the name of the Indian was Macbicabaou, and that he was informed by hhnsdf of his having killed the Governor.
Nolin, in his deposition (No. 309) states, he was told at the time that it Waft Deschamps, a Canadian, who killed him ; but this report has probably arisen from iiis having afterwards |)lundered the bodyt
MachicabaOn was present at the Indian council held by myself, having been admitted to a friendly mtcrcourse by the agents of the colony, either from motives of policy to^rards the Indians, or from discrediting the imputations against him, of which I w^as not awai*e at that time. He appeared, however, rather to avoid this subject ; but on another Indian's mentioning that most of the bodies were found naked, except that Semple's had a shirt on, he said, it was he who put the shirt on the body.
The account of Pritchard is further confirmed in many material points by the depositions of Anthony M' Dortnell, and Donald II* Kay (No. 192 and 193,) who were both present nt the battle, but cannot say on which side the first shot was fired ; as also by The different depositions of Michael Haydon (Nos. 189, 190 and 191,) in which he states in substance the following additional facts : — That in answer to the last speech of Governor Semple, mentioned by Pritchard, Boucher said, " Why did " you destroy our fbrt you damned rascal?" whereupon the Governor laid hold of tlie bridle of his horse, saying, " Scoundrel, do you tell me so!" and called to some of his men to take him prisoner, when Boucher slipped off his horse and escaped to his party, by whom a shot was instantly fired, by which Mr. Holt, a clerk m thd sprvicc of the colony was killed ; that Governor Semple himself was wounded by a Subsequent shot, and thereupon called out to his men, " Do what you can to take " care of yourselvCb ;" but they instead of seeking their own safety, crowded round the Governor to ascertain what mjury he had received,and tiiat while thus collected a general volley was fired upon them, by which the greater part wer<: killed on the spot ; that those who were left standing took off their hats and called for mercy, but in vain, being nearly all either shot or stabbed with spears ; that upon the Gover- nor's party coming round him, some of them firrid upon the half-breeds ; that h<i (Haydon) was a little to the right of the party, with Michael Kilkenny, Georgtf Sutherland, and Donald M' Kay, when observing that nearly the whole on their sid4 were either killed or wounded, they endeavoured to make their escape, together with Dr, White, who being behind the otiiers was killed by a party of six half-breeds whd pursued them ; that he and the three others escaped, and were with John Pritchard and Anthony M'Donncll (who was made a prisoner by Alexander Fraser,) the only persona spared of the party with Governor Semple ; Michael Kilkenny and George Sutiier- land above-mentioned, have not been brought before me for examination, although in the neighbourhood of Lake Winnipic, whilst I was at Red River, nor do their depo< sitions appear to have been taken elsewhere ; it is probable therefore they Imto nothing material to state ; particularly as Mertiu Jordan, one of the colonists, in his deposition (No. 147,) says, that they were left by him at Jack River the ist of August last, and Uiat he has heard them often speak of their having been in the battit of the 19th June, and tliat they liad narrowly escaped with their lives, but has never
heard
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RED RlVEH SEttLEMENT.
\ii
iieard tliem mention how the aftair be^n, or give any particular account thereof.
TnelosHn \ Mth !
Hy the depositions of Jo^n Rourkle (Na. 3oi,) Hugh M'Lcan (No. aba,> John in Sir J. C. She
FarqUhHrson (No. 1*6,) hnd Alexander M'DontteH (No. 195,) it fiirther appear*, Ijroolte's, of aotl
that on tlic arrival of Uourke with an application, tis M'Donnell uhdertbod from {"'/coltnian's*'
Governor Seinplo, for a 3-pound field-piece, it (having been already prepared) was Report, &c.
itntnediutely sent, and Hugh \I' Lean to drive it ; that they had advanced about half v ,^-«
a mile, when they perceived that the Governor's party was surrounded, and saw the (igth June iiiO.)
flashes of the guns which were firing ; that Bourke fearing the cannon might be
intercepted, thought it prudent to convey it back to the fort, and went part of the
way with it himself; that meeting ten i^cn advancing he went with thleni toivards the
^ace, where tliey expected to find the Governor, but not seine him, and observing
Ihe half-breeds dispersed over -the ground, thiey hesitated to go forwards, when sbrtie
t>f the hostile party cried but " Come on, come ort ! here is the Govei-nbr, ivon't yon
" CO ne and obey him ; " antl on advancing a little further, ihe Stimb persons tried
out, " Give up your arms," whereupon fearing that the Governor was destroyed, and
that It was intended also tu get possession of themselves, they made all haste to
escape, and that in the flight John ArNaughton was killed, and Dourke himself
wounded; that the gun having been sent out a second time under charge of M°Lean»
accompanied by Farquharson and two others, they met Bourke coming back wounded,
wW told them all was over and tliat they had best return, which they accordingly did)
placing him in the cart.
With regard to the prisoners taken before the action, it appears by thb depositibhi of three of them, Wjlliam Bannerman (No. 198^) Alexander Murray (No. 199,) and Alexander Sutherland (No. 300,) that they were all at work upon their lands the evening the half-breeds arrived ; Alexander and William Bannerman on their jfathcr's lo^ No. ai, and Alexander Murray on his lot. No. 23, and that these thre^i with Murray's wife, were made prisoners by the half-breeds as they went towards the Frog Plain, and Alexander Sutherland as they passed his lot, No. 1 2, on returning to hieet Governor Scmple's party ; that some threats werie us^ toWards Sutherfarla on his being taken, and strict inquiries made of them respecting Kobert^dH, a^lHit whom the half-breeds vowed vengeace, and said, that nothing could save his life if he fell into their hands ; tbiit l)iey did not intend to kill the settlers, but. wanted to get hold of the ofiice*-s ot tUe colony ; that on their arrival at Frog Plain they were put into a tent, and one of the half-breeds placed as sentry over them ; that after tlie battle, John Pritchard and Anthony M' Donnell were also brought is as prisoners ) and that a large party of half-breeds arrived who appeared quite frantic, and threat^ ened to murder all the prisoners, and led thsm out apparently for that purpose ; that after many alarms, they were however On the intercession of Mr. Pritchard, who told the half-breeds, " that blood enough had been shed, and that the fort should be " given up without the loss of lives," assured of protection by Cuthbert Grant, but at)p^r to have contihued in great alarm and considerable danger during the liight.
The depositions of Joseph Pelletier dit Assiniboine (No. 149 and 204,) and Jead Baptiste Marsellois (No. 206,) half-breeds, who were present at the battle, but tvfao have since made their submission to the Earl of Selkirk, and are cither in the service or living under the protection of the colony, and were examined at his Lordship's in- stance, agree generally in the foregoing account of the affray, except only as to Haydon's statement of the first shot being fired on the side of the Imlf-brecds, which they posi- tively deny ; and both state, that before any shot was fired on tlicir side, one had been fired at Boucher, which passed him so close as to stun, and cause him to fall off his horse ; and Pelletier, that a second was tired at an Indian, after which the acticm become general oil each side ; that after about three discharges the colonists began to give way, but the battle continued between individuals. Marsellois mentions the cir- cumstance of Mr. Rodgers being killed when asking quarter ; but says it was done by one of the deschamps, called " Grossctete;" a fact which Desmarrnis (Deposi- tion, No. 317) also attests to have been the general report ; and that he was urged on by his father, a Canadian, who cried out " no pardon." Pelletier adds, that he heard Cuthbert Grant, on sending Boucher to the Governor's party, say to him ; " go to them, and tell them to ground their arms, ond to surrender, or we will fire " upon them." That such, in fact, wefe their orders if the least resistance were attempted ; and that Cirant told them they were conformable to the instructions of Mr. M'Donnell ; and that Antoine Houle said more positively, that if the colonists x
did not immediately surrender their arms, they must fire upon them ; and that he X
would give a shout, as a signal, when to begin ; for they must nut be aHuwcd to
584. escape.
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escape. He also states, that the half-breeds liad pahitcd themselves, and put feathers :n their heads, in the Indian mode, which was not customary witii them before the attacks on the colony began ; when their employers furnished them with paint, and directed them to paint themselves before an attack.
Pelletier, it is however proper to observe, is an inaccurate witness, having de- posed to two facts, one relative to a speech made by Duncan Cameron, and the other to the residence of the settlers made prisoners before the battle, both of which arc certainly erroneous as to time or place.
Michael Bourassa, also a half-breed, who was in the employment of the Nortli- West company, but examined by me at the instance of an agent of the Earl of Selkirk, on my first meeting with A. N. M'Leod and Alexander M'Donnell, under the idea that he could depose to facts requiring the arrest of these geolleroen, givc» a similar statement to that of Pelletier with regard to the first shot.
Cutbbert Grant, in his deposition (Xo. 21C,) and Boucher, both in his deposition (No. 215) and his examination (No. 214,) the only witnesses examined on behalf of the North- West company who speak to this point, concur also in similar statements ; and Grant specifies John Moor as the person who fired the first shot, which he con- siders to be that at the Indian ; but thinks it to have been fired from misapprehen- rion, owing to the Indian's continuing to advance after he had made him a sign to keep back. Grant agrees also in the statement of there being three or four general discbarges of fire-arms.
From the deep interest of these last parties in the event, their evidence can have little
I direct weight ; yet the general conformity of many depositions collected from different
persons at various times and places, with the previous statements made by Bouchier,
gives to them some importance as moral testimony ; as tlie clearness and apparent
irankness of Grant's deposition tends to produce confidence in it.
At the council held by me with the Indians, the account of the battle given by Machicabaou confirms, in almost every respect, the statements made by die halt* breeds ; and at the same time appeared to be tacitly assented to by the other Indians, as tlie public belief.
Noliir, the interpreter, in his deposition (No. 211) before ine, (annexing and ex- plaining the original certificate given by him to Mr. M'Gillivray, previous to tlie Earl of Selkirk's arrival at Fort William, the paper so much referred to in the respective publications of the parties,) states also, that such was the general report, and his own belief. The same tiling appears also from other depositions (No. 205 ai 8, and 307,) stating it in positive terms, and many others less directly.
Such is the evidence by which the fact of the first shot being fired by the colonists stands supported i of those present, five witnesses speak positively to its being so; and not one, except Ilajdon, states the contrary, even on belief; and all others who have spoken to the question concur in stating, that such was the general report ; whilst the opposite statement of Haydon remains unsupported by a single evidence, either direct or indirect. Other collateral circumstances have also combined, with this weight of evidence, to convince me, that the declaration made by him is, in this respect, unfounded. s
It is admitted in the published " Statements," that the minute accuracy of the observations he states himself to have made in the confusion of such a business, might raise doubts ; and in the following cases, where liis statements have been compared with those of others present at the transactions, the result certainly doea not lessen tliose doubts. In his deposition (No. 1 89,) be states, that he only saw three Indians, and that he did not sec any ot these fire a shot, although he had hia eyes upon them a principal part of the time. Now the Indians at tlieir council btatcd to me, tliat of the three present on the occasion, one ran away as soon as the battle began ; and Machicabaou said, that he hid himself in a hole in the ground immediately after the first shots, and continued there till the baltle was nearly over. Haydon further states, that the bodies of the slain, which were not brought in by the Indians, remained on the ground a prey for the wild beasts Now, by the deposi*^ tion of Nolin (No. 210,) it appears that Cuthbert Grant told him, the morning after the battle, that the colonists ought to bury tlie bodies, and that they need not fear any injury wliilst so employed; and by other depositions (No. 195, 197, 300 and 332,) it appears beyond a doubt that they were buried.
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thers
e the
and
[dc-
the
vhich
In a Milweqncnt deposition liefore myself (No. 190,) Haydon mentions, "having inHnaura " tliouiiht it hi» duty to comiininicate to one (Jhntelain, a clerk of the Euil of Selkiilt, 1 '" Sir .1. c. Mtn- " who WHS, lit the peri<jd in question, waiting for his l^rdsiiif/s arrival at tiie lju".'.'"o'g'. '".''' " 'Jriivcrri- Island, in'riiiindcr liny, certain intelligence rcspicting a plan to intirder |,Mr. cumins " tiic Earl." — (Jhatclain, in his deposition (No. .26.5) states, tiiat llaydon did visit Hepon, ttc
hiu) at Travcrre Island, and spoke to him of the afi'uiis of Red Rivtr ; but that '*^- ^^ ^
the only messiipo he can recollect iiis giving him was, to tell the Eurl of Selkirk, ('9''' J""* '816.) " thut every thing was in his favour ;" and he appears quite confident, that nothing was said ot warning his Lordship of any plan of assassination ; it is proper, however, to observe, that Haydon no where snys he made the communication, although he strongly implies it.
In his deposition before mo at Red River (No. 190,) is is remarkable also, that ^ llaydon repeats neither the statement of tlie settlers having taken oti' their hats and \ asked quarter after the first discharge, nor that of the general plunder of private I property, both which facts he had stated in his deposition (N* 189) taken at Mon- treal. In other depositions (No. 191, 327 and 338,) he charges Paul Brown, a haif- brced, with being present at the battle, and having robbed him of a blanket the next day ; Cuthbert Grant, on the contrary, who, as to this particular fact, ap|)ears to be a competent witness, states in his deposition (No. 2 1 6,) that Brown was not present at the battle, and that it M'as another half-breed, who resembles Brown in person, that took Heydon's blanket ; and Nicholas Ducharme in his deposition (No. 213) states having seen Brown at the Grenouillicrre at a period which renders it, in his opinion, impossible that he should have been in the battle.
These various inconsistencies and contradictions, although they may not establish wilful falsehood, appear to nie to prove beyond a doubt, that Heydon has not given his evidence with that care and accuracy which would entitle him to credit, in con- tradiction to the concurrent testimony on the other side.
Respecting the intentions of the parties immediately before the battle, the depo- sition (No. 208) of Charles Bellegrade, a free Canadian, brought before nie at Red River on behalf of the Earl of Selkirk, is very important; he states, that about four o'clock, he saw Governor Semplc at the Grenouillierre l)efore the battle, and said to him, " My Governor, are you not afraid ; it is said the half-breeds are coming to make you prisoner r " to which Semplc replied, " No, I am not afraid ; 1 have a " paper which I will go and read to them, and afterwards if they choose to kill me, " they may j" whereupon he (Bellegrade) added, " I do not tliink they intend to do you any harm, but they may very likely make you a prisoner ;" this communication, he states, did not arise frorp any particular information, but from the general reports prevalent amongst the free Canadians, who arc most of thtm related to the half- breeds, which were, that the colonists were to be blockaded, so as to compel them from famine to surrender themselves prisoners, and to quit the country ; thut subse- quently he saw the first party of half-breeds, about fifteen in number, arrive and unsaddle their horses ; that they brought with them, as prisoners, some of the settlers who inhabited the lands nei^ adjoining the Grenouillicrre, saying, they did not intend to keep them, but should send them to the Fort to eat up the provisions ; that a second party of half-breeds, about double the number of the first, had just arrived, when he heard a cry, " See, the English pursue us," upon which those vtlio could get their horses went off at full speed, and the others followed on loot ; that he himself followeil, supposing that there would be nothing more tiian some (xuiey- ing, both from what the Governor had told him, and becaus^e the half-brueds had said, they were ordered not to attack; that it was consequently with the utmost surprize when he arrived near the place he saw the firing, whereupon he turned about and went home.
This statement is confirmed in sevend particulars by the deposition of ('ntlihrrl Grant (No. 216,) who speaking of tlie circumstances immediately precedini; the battle, states, that on arriving near the Grenouillierre, he met Bellcj;ra(!e, hIio told him, that Governor Semple had been there shortly before, and hud auiii, tluit he wished to read a paper to the half-breeds, and to make sonify urrangeiiients with them, which if they could not agree to, they must take the consc(]uences ; thut litildiadc "us the only person he spoke to, but that he learnt from him, that ntlicrs ol ih lialt'-brceds had taken prisoners three ol the colonists, who lived near the Gieiionillierre, and were waiting for his arrival to know whether tlu-y hould detain tliem or not; that as he was on the point of arriving, those behind who were actoiii])aii}ing the provision
.584. ;j C curts,
^
19©
PAPERS RELATING 10 THE
Inclomrt ill Sir J.C, S>h*r> briMikr't, of lolli July lOig; vli!. Mr. C'ulUnairi Hipurt, (te.
(iglh Jun* 1816.)
carts, rode up, nnd informfd hun tlie colnn'iHts were coming ntitr tliem, whereujMn he iiiiniediately tiiinml back (owanis the carts, ami ordered the drivers to make dis- patch towards the (jrenouillicire, whilst himself and others rode forward to protect them from any attack.
Boucher's staU?ment, (Deposition, No. 21.^, and Examination, Nc. 314,) that the numbers present at the action uerc (ilty in the whole, of whom thiity had got up when it t)egan, af^rees also w ith Uellgi adc's account.
Nolin, in his deposition (No. SiO,) states, that in tlie course of the day in which tlie action took place, Guvernur Seniple told hint, that if the half-breeds went past without doin^ any harm to his people, he did not intend to attack them, as they were not absolutely at war, and that, on their side, he did not suppose they would make an attack, without giving him an opportunity of speaking to them.
John Fiitchard, in his deposition (No. 1 87,) states, that he does not bclieva that Governor Semple gave any orders to bis party to fire, but, on the contrary, when upon tlie advance of the horsemen, one of the party said they must fii« to keep them ofl, he reproved him with great severity ; he also states, that Grant told him» " that titey bad not expected to have fought the (iovernor that day, for in that case " they would have allowed them to pass some part of the woods, before they had " shown themselves in force, and would then have run the Governor's party like " buffalo in the plains, so tlmt not one would have escaped."
Michael Huydon (Deposition, No. 1 go,) also states, that " before the half-breeds " were within gun-shot, a gun went off by accident, belonging to Mr. Holt, who was " cliecked fur his carelessness by the Governor, who observed, we are not to fire " unless fired upon," and the fact of the gun being so fired is confirmed by Michael BourH8sa( Deposition, No. 303).
Pierre Soucisse, in his deposition (No. 2i(),) further states, that Grant and the other principal half-breeds, always declared, " that the battle was unintended and " unforeseen by them, but that having learnt that their rear was pursued by Governor " Semple and an armed party, they went to meet him to protect the same, when the " battle took place accidentally, from the manner in which Boucher, their messenger, " wass.iaed by ttie said Governor;" and further, that McDonnell, in his conver- sation with Alexander M'Kcnzie before-mentioned, said, that the battle was not : foreseen nor intended by him. ^
; With re^rd to the fact of Governor Semple's having ordered his men to fire or ' not, the evidence is contradictory. Douciicr, both on his examination (No. 214,) and in his deposition (No. 215,) states positively, that he did give sucii orders; and i that such was the belief of the North- VVcst party, appears nearly certain from the ' intercepted letter of Robert Henry, filed on bclmlf of the Earl of Selkirk (Depo- sition, No. 218,) and by the statement of Jean Uaptiste Desmarrais (Deposition, , No. 307). It seems evident, however, that if he did so, it was an act of momen- tary passion, and by no means his previous intention.
Another point also, respecting which there is a contradiction in the evuiencc, is the firing of the cannon; this Cuthbert Grant states (Deposition, No. 216,) he saw thrice attempted with a pistol; and Douchcr (Deposition, No. 21,'),) and Joseph Hupe (Deposition No. 205,) say they sa-v the priming go ofT; wiiilston the contrary, John Farquharson, (De|X)8ition, No. 196,] who went out with it the second time, says, '' no attempt was made to fire the cannon, nor was there any match, which he " particularly remarked, having himself made a stick for using the same." Hugh M'Lean also, who drove the cannon the whole time, states in his deposition (No. 204,) " that the leaden npron on the touch-hole was never taken oft' tiiat day while the gun was out of tlic fort ;" this last evidence would be decisive, was it not that this witness has deposed to other facts, the contrary of which have been clearly esta- blished before me. On the whole, therefore, my mind remains in dout>t as to thb particular ; for that the North- West party believed an attempt to fire the cannon was made, appears nearly certain from the intercepted letter last referred to, and is in some degree confirmed by the deposition of William Smith (No. 1 85,) and by the statement of Mountouchc (Deposition, No. 304,) of a report of the cannon being spiked, although some of tiic details given by this latter witness, do not appear very t probable.
. Another
RED RIVER SETTLEMENT.
191
R|K>II
dis- ptect
the up
liicii
[past
vere
liokc
lieva
peep liin.
Another point on which the parties differ in, with respect to tho object which led Inclotur* the setllrra to tnlic off their hats after the first volley; llnydun (Deposition, '" Sir J. c. »b«r- No. i8y,) state*, as already incntioncd, " that they took off their hats, and called j,'^ ,V,'j"; vii' " fur mercy, l>ut i>i vain." C'uthhcrt(irant( Deposition, No. aiO,) on tiic other hand Mr. CoIidimi'i states, " that after tlic first round, the half-breeds in general threw themselves on Uepori, <kc. " their backs whilst loading; whereupon the colonists, conceiving many were killed, ^^^^ — ^
" took (iff their huts and huzzaed :" the fact of the half-breeds throwing themselves ('9"' J""* »*">•) down when loading, is mentioned also in other depositions on their behalf (Nos. 31,';, ai7 and 317,) as the reason of the much smaller number killed on their side ; and '
from Uiis fact, if admitted, it would necessarily follow, that they lind dismounted at /
the beginning of the action, a circumstance which is not, however, positively slated either one way or the otiier in the depositions, although it seems inconsistent w ith the gene<til tenor of those of llourkc and Ilaydon; at the same time, on any otlier supposition, it would be difficult to account for their C8ca|)e, and that of tl>e other
Earties advancing from the fort, as descrilicd by them, and by tlie " Fils Kenis," an ndian sent out from tiic fort to see what was going on (Paper, No. 409.)
Of the general existence of hostile feelings, and mutual designs of future aggres- I.^^'^^f
aion, there can l)e no doubt; as, exclusive of individual acts or declarations, it appears to me, as already stated, fully established, and in fact scarcely denied by the parties, that at this period it was the <letem)ination of the tIudson*s Bay party to keep forcible possession of the Porks of Red River, in support of their territorial rights ; ai <i equally the determination of the North West party to oppose their doing so by force, and to revenge the injuries they conceived themselves to have suffered, in the imprisonment of Duncan Cameron, and the seizure of their property ; whilst on l)ehalf )t the half-breeds, the intention of driving off the colonists is openly avowed by Cuthberl Grant, on the grounds that their pretensions were inconsistent with the rights of natural justice, both in respect to themselves, and of the North* West com- pany, and had been the cause of continued disputes from nearly the first establish- ment of the colony. These feelings had been further irritated during a long period of hostile preparations, by mutual injuries and menaces ; of which the threat Bourke (Deposition, No. 201) states Grant to have used in regard to Robertson, " that if he " could have got hold of him, he would have had him scalped," and that of Robertson's towards the half-breeds, which Grant (Deposition, No. 3i6) states Bellegrade to have repeated to him immediately before the battle, " that the freemen were to get " their kettles ready to boil the blood of the half-breeds," may give some idea ; that, /
with these impressions, the parties meeting in arms should have been brought to action by the accidental circumstances which are stated to have occurred, appears by no means improbable ; indeed the event seems almost to have been foreseen at the time by the indrviduals best able to judge.
Nolin declares (Deposition, No. 210,) that if not prevented by the orders left by Goveritor Semplc, he should have fotbwed, on hearing of his having gone out, to warn him of bis danger ; and Francois Enodit Delarme (Deposition, No. 113,) that on teaming the circumstance, he exclaimed, " Heavens! how unfortunate ; so many " men who are going to be butchered ; perhaps not six of the number will ever return." The Indian, Tils Kenis, states also in his declaration (Paper 409,) that he endeavoured in vuin to stop tlie party when going out. The probability is, that Governor Semple, as stated by Pritchard (De|)osition, No. 187,) was not fully aware of the number of the half-breeds, and felt himself peculiarly called upon, from what had passed with liulicrtson, to afford protection to the settlers, of whom he might have supposed a greater number to have been absent from tlie fort ; that with these feelings, and apiMrcntly brave, but without military experience of any kind, and possibly induced by tlie representations of those around him, to eatcrtuin too contemptible an opinion of his opponents, he went out without any distinct view of the probable consequences, intending to net according to circumstances ; and tliat on the two parties meeting, suddenly, irritated by the insolent address of Boucher, he made that assault upon him ^ which naturally, whether he gave the order to fire or not, led to the melancholy , events that occurred. /
This view of the subject, although certainly not favourable to Governor Semple's i character, either for judgment or command of temper, yet appears to me the only \ one that can Im) taken consistently with the facts proved ; and from other circum- stances, particularly the language of his correspondence, and his apparent vacillation respecting Kolwrtson's proceedings, it might be inferred, that these particular quali- ties were vvhat he was least remarkable for; that he was, in many respects, a man of
584. • talents,
)
/
199
P A P E n S RELATING TO THE
Inrlonirf in Sir J. ('. Slier, brookr'i, nl' goth July 1818; vii. Mr. (.'ullnun't Report,- A r.
(19th Jum 1 8 id.)
yr-^^)
"I
I talents, and, from tlie atldcluneiil nt liis |Kti|>le, ut an aniiubie (lisposition, there tan be liille duuht.
Tl>c numbers killed and woimt'ed on each side appear to Imveltcen;— one killed, and one wounded, on tlic part ol the ludl-brerd:) ; and one Mounded, and twenty or one-and-twenty killed on thai ot the colonists ; the latter ban been the nu;nbcr gene- rally mentioned, and sonieliuies even two-und-twcnty ; but Martin Jordan, one of the settlers (Deposition, No. 147,) >lat(s, that he has been infoinied, and liclicvey, that tin: total nimdwr was twxiily, exclusive of one man, wiio, lmvinj» been drowned the day before, has been peiiendly reckoned amnnijst those slain ; which account appears confirmed by the (IcLJurntion of the Indian, " Fils Kenis," that he saw twenty bodies, "hen ho went next day to brin^ in part of them to the fort, and by the circumstance, that Alexander M' Heath, who assisted to bury those which remained after tiic Indians had brought in nine, speaks in his de|)osition (No. 197,) |>08itively only as to eleven bodies bein;; found : In any case, however, the disparity between the numbers killed on the two sides is so fi,\xul, as naturally to raise a suspicion, that the one party had massacred the other in cold bloo<t, rather than that such could have been the result of u mutual contest. On a strict examination, I am inclined, however, to think, that such was by no means generally the case, but that tlie battle, halving been begun, as already stated, by the colonists, continued till the whole either fell or ran off; and that, with the exception of tlie wounded, quarter was never asketl by any but Piitchard and Uodgers : the contrary is, indeed, stated by llaydon ; but his »talement is positively denied by J. 1). Lafontaine (Deposition, Ko. 317,) and indirectly so by Cnthbert Cirant (No. -JiO,) whose account of the motive wliich led the settlers to take otV their hats is certainly more consistent with general usa|i:e than Haydon's Exclusive also of the inaccuracy of this witness, already mentioiwd, his present statement is not sup|)ortcd by any other evidence, and seems in some degree inconsistent w ith the general tenor of the depositions on his own side, and even with the fact slated by himself (Deposition, No. lyo,) that he was preparing bis gun, when called upon l)y Kilkenny to observe how few were left standing of their party. A similar statement is also made by the Indian, " P'ils " Kenis," respecting Dr. While, who accompanied Haydon in his escape, tliat he was actually aiming his gun at the moment he was hrst wounded. On a more mature consideration also of the rcs|)ecti\e circmnstances of the (wrties, the one standing togetlicr in a crowd, unaccustomed to the use of (ire-arms, or any of tlie practices of irregular warfare, the other all excellent marksmen, advantageously posted in superior nu.nbers around their opponents, and accustomed as huntsmen, and from their \iabitf of Indian warfare, to every device that could lend to their own preservation, or the destruction of their enemy, the actual restdt can by no means be considered so extraordinary as it appears on a first and general view.
With regard to the massacre of the wounded tlH^re can be no doubt, independent of the universal report to tliat etl'ect, and of the depositions directly establishing it (No. 149, 187, 204, and 2i*'>,) amongst others that of Cutht)ert Grant (stating his fruitless eS'orts to prevent the same ;) it is self-evident, tiiat of those who tell, scarcely one half would in the tirst instance be mortally wounded ; the ill usage and pillage of the dead bodies is also established by a mass of evidence (Depositions No. 19.'), 197, I9)b, 199, 200, 20'J, 207, 210, and 222,) which leaves no doubt on the subject.
These various acts of savage ferocity call lou<lly for some example ! The selection of the proper objects for punishment may however be attended with some difficulty ; possibly, in construction of law, the charge of murder may apply to the whole party as engaged in unlawful pursuits, which led to the commission of that crime by a part of their number ; yet it would seem contrary to equity to push the principle to this extreme in a case where there were so many gradations of guilt, and some circum- stances of extenuation even for many of the most criminal.
The time occupied by the wliule allair, us it a|)pcars by the ditt'erent depositioti^^ (No. 195. 200, 209 und 21.S,) which allude to this point, did not exceed a quarter of an hour, consequently as it may admit of duubt, whether the immediate act of escorting Drovisions by an armed force, in which the parlies wire engaged, was unlawful lie crime of all may |)crhaps in construction of law rather be deemed man- slaughter than murder ; more especially if the fact that the colonists were the assail- ants (of which I apprehend there can be little doubt) be admitted, and due allowance made for the disturbed and hostile state of the country, which the half-breeds at least
appear
i
RED RIVER SETTLEMENT.
^9i
ocan
\
appear sincerely to have attributed to tlie attacks of the oppooite party. On the inclnnm hIioIc, the impression on my mind, after much reflection, is, ttiat the persons whon it in Sir J. c. Shtr* wouid bo dcsiral>ic to select for such punishment as the law may award, would l)e '"■«"•'•'». of *oUi those individuals, either Canadians or half-breeds, who having had tiic advantage of a fi\/_tMuJ»n'' civilized education and roliuiuus instructions, may iippear to have participated either in Heport, Ac. the massacre of the wounded, or those asking quarter, (if any other instance than that ^ •^ -' of Captain Rodgers docs exist) or in the maUtreatment and pillage of the dead (igth June ilitf.) bodies ; for with regard to those half-breeds who have never been out of the country, a further palliation of their crime is to be found in their half savage state, and in the general system of revenge recognized amongst the Indians, and so natural to all unci- vilized nations ; where the only security inuividuals cun Icel for themselves or their families, must be founded on a confidence that any injuries inflicted on them will be revenged by the body of the tribe at large, a principle which is well known to be car- ried by the Indians to the extent of refusing quarter almost universally to their con- quered enemy ; in whatever degree this consideration may however be conceived to palliate the fault of tiiis portion of the half-breeds, in an equal degree must it attach moral criminality to those who collected for hostile purposes so savage a force. ^
Amongst the persons particularly mentioned in the depositions, as having partici- ''''^^ pated in the more horrid crimes, is Francois Deschamps, a Canadian, who had three sons, (half-breeds) present with him in the battle, Francois, Joseph commonly called , Grossetete, and a young lad whose name is not mentioned ; exclusive of the doubtful charges already mentioned of their being the persons who dispatched Uodgers and Semplc. Joseph Pelletier dit Assiniboin (Deposition, No. 204,) sti«.es positively, that he saw the father kill one of the wounded, and plunder the bo'^y of Governor Sempic ; he also mentions having seen the clothes of others in the possession of the 1 sons; Charles Bellegrade (Deposition, No. 208,) states his laving seen part of \ Governor Semple's clothes in the possession of I'ranpois Deschtimps, the son. / Francois Enotlit Delormc (Deposition, No. 1 1 3,) states that Bourossa and Primeau, two of the half-breeds present at the battle, told him that it was old Deschamps and younger son who dispatched the wounded, having, as Itourassa said, remained behind by the advice of the two Haules and others ; that he understood it was they also who had the largest share of the pillage, and that many of the iialf-breeds had told liim, that old Dcscliainps had even taken ofl' the bloody shirts, and was woshing them till they themselves cried out shame on him ; that he had also seen the hats of Governor Semple and Mr. Wilkinson in the possession of the two elder sons of old Deschamps, of whom Francois stated in his presence that he had himself killed six, and his younger i brother four persons ; Soucisse also (Deposition, No. 2 1 9,) states, that it was universally ' reported that the cruelties committed after the battle were the acts of this man and his , sons ; and that the reports' were apparently so well founded that iic has no doubt of ,' the truth thereof, and in consequence when he met the said Deschamps, he refused \ him his hand before a large party, and publicly assigned the reason ; and that no one I else has ever been named to him as having taken part in the said cruelties. /
With regard to the number of bodies plundered, the evidence is contradictory ; ^^ the greater number of witnesses speak however of their being generally so; but on 1 the other hand, few (persons arc named as having partaken of these spoils. Pierre j St Germain (Deposition, No. 224,) who gives the fullest evidence ot; thi'- point, states that he saw Lacerte wearing a watch and silk sash, which he believed to have been the governor's ; that one Allard had on Mr. M' I^ean's sword and cap ; that one Cotonohaye had tlie governor's double-barrelled gun ; that another, whose name he does not recollect, had his pistols ; and that he recognized several articles of the clothes of tlu! gentlemen killed, worn by other half-breeds.
Francis Boucher, in his examination (No. 214) states, that Vasseur, in whose care Governor Seniple uns, after the battle brought away his sash, watch and pistols. Josepli liupo (Deposition, No. 205) states, that he saw Micliael Bourassu strip tlie breeches ofl' one body, and endeavoured in vain to prevent it. At the Indian council it was stated, that one Sacastan, a half-breed from Fort des Prairies, on the Saskatchaw ine river, wore the coat of Dr. White, one of tliose killed ; "aiid it seemed to be the general opinion of the Indians, that it was the half-breeds from a distance who had carried away most of the articles so plundered. Pritchard also btates, that these were the parties who generally appeared to him the most violent.
Against Cuthbcrt Grant or Alexander Fraser, the two principal North-West
clerks of the halfnbrcedii party, there have been no charges made before lue of pur-
. -)84. 3D ticipating
»04
PAPERS RELATING TO THE
infliT J.C. Shcr. brMke'isDfioth July ifitit viz. Mr.Csltmiui'i Report, Ac.
Cf^
On the 32(] June 1816.
tici|«iitig either in the plunder or any of the outm^^ committed. With regard t* Frassr, it appear^ both by Anthony M'Dunncll's deposition (No. 193) and by that of Michaet Haydon (No. 190) that the former (one of the few persons whose iites wtfre prcssrved) was made prisoner by Fraier; it is also stated by John Pritchard (DepcMtion, No. 187) that having, on some alarm of the settlers respecting the satiety of f^^ir women, applied to Grant and Fraser for a safeguard, they {MlVh JoM k8l«.) iflHticdiately aasund them tliereof. And with regard to Grant, the various depo- sitronB (N03. 196, 196, 199, 200, 303, 310 and 234) which mention instances of his justice and hunmnity, form sudi a body of evidence in liis favour as sliow, tliat m the opinion even of his adversaries) he would not be the fit object to select tor en example, four of the witnexies attributii^ to his exertions alone the prevention of much further bloodshed. A similar opinion may also be still moa> certainly interred fnmt the original draughts tiled by Daniel M'Kenzic (Deposition, No. 367, marks 3. and C.) of letters written by him to Grant sliortly after the period of his own vulHnission to (he Eari of Selkirk, and corrected and rc-corrected by Mites M' Donnell, for the purpose of inducing Gran' in like manner to make his submission and become a witness { these papers certaioly render the subsequent offers which Grant in bis deposition (No. 216) states to have been made to him, more probable tlian they would otherwise a^jpt^ar; offers, which if certainly established, would show that a change of party was, 'u\ the opinion of his opponents, all that was required to entitle Grant to rewards instead of punishments. On tlie present charge bills of indictment for murder were found at the Court of Oyer and Terminer, held in February last at Montreal, against Cutlibert Grant, Alexander Fraser, Michael Burassa, Antoine Houle, and twelve other half-breeds or Canadian servants, us principals; against Alexander M* Donnell, Allan M' DonncU, John Siveriglit, Seraphim Lamar and Peter Pangman, as accessaries before the fact; and Archibald Norman M'Leod, Alexander M' Kenzie, thirteen other paitners, and five clerks or interpreters of tlw North- West company, as accessaries after the fact.
The colony was a second time broken up, and the settlers proceeded on the hftemoon of that day from Fort Douglas to Lake Winipic. It appears by tfie depositions of John Pritchard (No. 187) and Alexander M' Donnell, the colonj' sheriff, '^No. 195) that Cuthbert Grant and the other half-breed leaders, taking advantage of the dismay excited amongA the settlers by the fatal event of the 19th June, induced the persons in charge of the colony, by threats of a general massacre, to agree to give up Fort Douglas, with all the property therein, except what belonged to private individuals, and to quit the Red River ; this agreement was accordingly carried into effect, an inventory of the projwrty being first taken, and Aligned by Cuthbert Grant, as a clerk of 'he North-Wcst company. Hy various 'depositions, (Nos. 196, 198, 199, 200, 202 and 204) which mention Grant's exertions to prevent further bloodshed, it appears also, that he stated his having orders for all that lie had done, and that he had not acted with so much severity as he had been ordered to do.
These declardtions tend to raise some suspicions that private inductions had been 'given to Grant, independent of those already mentioned ashavii) ' been publicly given by Alexander M' Donnell to the party of half-breeds, on leavmg the Portage de» Prairies ; a supposition wiiicli is rendered the more prOlwhle bythe general violence of M' Donnell's conduct as a partban ; at the same time, there is no other evidence of the fact than the declarations of Grant, who might very possibly have used expressions of this kind, in the double view of deterring the settlers from returning hereafter; and by keeping up at the time a general feeling of alarm, of preventing disputes and collision of any kind with the other ha'.l'-breeds ; both which objects he appears by the depositions to have had in view, and to have had some difficulty in .giving effect to the latter.
By the deposition of John Pritchard (No. 187) it appears, that about the time the settlers were ready to depart, Grant stated, he had received an order from Mr. Alexander M' Donnell, the North-Wcst partner at Portage des Prairies, to -detain them till his arrival; that he (Pritchard) entreated him in vain to allow them to depart ; but on Mr. Sheriff M' Donnell's observing, that he plainly saw Mr. Alexander M° Donnell wanted to rob Grant of the honour of the duy, Grant's pride was hurt, and he declared in an intemperate manner, that he would keep his word in spite of the said Alexander M' Donnell, and immediately desired iheni to depart. In the deposition of Michael Haydon (No. 1 89) and John Bourkc (No. 301 )
taken
RED RIVER 9BTTI>EMENT.
»95
s\.-^
'^
token »t MoD^eal, it is staUd by botb, that nearly ^11 th^ privi^ta prope^fty was Incfaimin plundered, contrary to the agreement that had b»tn entered iotQ. This compiaiiit in Sir J. c. %%t\~ Mfos not, however, made bcsfore me at He^ Hiver by the sheri^' M' DQnnell, who wj^ J^'^V'b^^ " in charge of tlie colony, nor by tl»e settlers Uieniselves ; nor, as akeady ohseirv^id, w^^ Ux.c^v^^* it then repeated by Haydon, wh^ on the contrary says, in his depositioQ (Nq. tgo) Report, &«. tal(en bcforo aie, " ih« itettlers all embarked, being allowed to take away their own *^ — -^^— -fJ private property;" the probability is, therefore, that the instances of private plunder (ii^ June iBifi^ were few, and chiefly exercised towards individuals who were particularly obnoxious as i^nrtiians ; tlie only intitances I tind particularly siiecifiod W9 tbpse of a hqrsp of Colin Robertson's, which Nolin in his deposition (No. ^tp) st4t<^ tp h^v^ been taken from him by Fran(^ Uescbamps the younger; tiie blanket of Micli^el Haydpn, before mentioned { and a gun and swcird, taken from P. L St. GermpiHi a cjerlc of tlie colony, by Anthony Uoule. Germain states in his 4^psition (No a;)4,) tl)at he cou>|)lained to Grant on ttiis occasion, but was told by him, that h« had np rjght to have any arms.
John Farquharson, a servant of the colony, states, that having had a fowling piece, his own property, taken ftx)m him, he applied to Grant for redress, who caused it to be returned, but told him, at tlie same time, to be very careful in his conduct with the half-breeds, as their orders from Mr. M'Donnell were to kill every one of them, man, woman and chHd, and that their lives were in his hands. Louis Blon- deau, in his deposition (No. 171,) speaks of the articles plundered, which he saw at Bas de la Uivi^re iu the possession of two of the halt-breeds party, and which they stated to have been taken from the colonists ; by his previous de|)osition (No. 1 70,) '^
there appears however, little doubt, that the articles in question were taken from the public stores which had been delivered up as before-mentioned.
Archibald Norman M*Leod, one to the principal agents of the Nor^-West com- On the ssth June pany, a partner in the mercantile establishment nt Montreal, and a magistrate for the 1816. Indian tcrrKorics, arrived at Fort Douglas, acconipanicii by Alexander M'Kenzie, John Thomson, James Leith, John M'Donald, Hugh M'Gillies, John M'Laughlio, [ Simon Eraser, Robert Henry, Archibald M'Lellan, John Duncan Campbell, and [ John Haldane, partners ; and Thomas M'Murray, a partner or clerk of the company. I He there found Alexander M'Donnell, a partner of the company, with Allan M'Donnell, then a clerk, nov; a partner, and John Sivcright and Seraphim Lamar, clerks, together with Cuthbert Grant, and the other half-breeds, in possession of the place. It appears that after sending ofT the party of half-breeds on the iSUi June, 1 Alexander M'Donnell continued at his encampment at the Portage des Prairies, and i on the evening of the 20th, received intelligence of the death of Governor Semple { and his people. It is stated by P. O. Pambum, in his deposition No. 172 and i73, 1 that on the receipt of this news, Alexander M'Donnell and all the gentlemen with \ him (particularly Seraphim Lamar, Allan McDonnell, and John Sivcright) shouted \ with joy ; that Alexander M''I)onnell then went to announce the news to the rest of \ his people, crying out, " Sacre nom de Dieu, bonnes nouvell^s, vingt-deux Anglais " tues ;" that Peter Pangman then inquired, " whether any of the half-breeds " had been killed," and on being told of one, he said, " the deceased was his cousin, " and that his death must be revenged ; that the settlers must all be killed, and not " one allowed to leave the river, for that as long as one of those dogs was alive, they *' would be coming back."
Andr^ Trotter, tlic hall^brecd who carried the intelligence to McDonnell's camp, was subs(^quently brought before me on behalf of the Larl of Selkirk, and stated what passed (Deposition, No. 225,) as follows : that his brother, Joseph Trotter, having be .a wounded in the aftair of the 19th June, sent him to inform his father and mother at river La Souris thereof; that on his arrival near the encampment he was met by Mr. Alexander M'Donnel!, who had with him Seraphim Lamar and fiostonois Puiigiuan, and asked him " what news," to which he answered, " wc fouglit " yesterday ; " and that bting furtlier questioned, he answered, " that there were *' twcuty-t»o of the I-jigiish killed, and on their side his brotlicr wounded, and " u liaU-brccil of the name of Uatochc, killed." Whereupon Mr. M'Donnell shouted y,\\\\ joy, mul went to the camp to inform his people of the news, whilst he himself (Trotter) looked out for a phicc to pass the night, and slept under shelter of a cart, neither supping nor iiaving any further conversation of consequence wjUi any one, owing to his anxiety respecting bis brotlicr. ,
0
196
PAPERS RELATING TO THE
lodosure in Sir J. C. Sh«r- brooke's, of totb July 1818; vis. Mr. Cnltman's Report, tie.
«< (t
This person was again brought before me, on behalf of the North-West company, (when he stated (Deposition, No. Sil)) in addition to the circnmstances already mcn- I tioned, that he had told Mr. M' Donnell that the Eiiiilish hud come and attacked j them, and that it was immediately after his mentioning the' small number of killed ! and wounded on their side, that M'Donnell shouted for joy, and went towards the camp, accompanied by Lamar and Uostonois, who were alOnc present at the fore- (45th June 1816.) going conversation, which took place at the distance of about ten arpens or more ' from the camp, and was the only one (he. Trotter) had with ArDonnell. The i iccount given by Seraphim Lamar, of this occurrence (Deposition, No. 161,) is, that on Trotter's m(/(itioning that a battle had taken place, and twenty-two English had been killed, Mr. M' Donnell said to him, " why did you not keep at a quarter distance as I ordered you ;" to which Trotter replied, " we kept out as far as we could, as will be seen by the footsteps of our horses, who were up to their bellies in the swamp;" — and, " how many," added M'Donnell, " are killed on your side ;" " one," replied Trotter, " and my brother has his leg broken ;" " so much the " better tlien," said M'Donnell, " we have with the bad news always some good ;" but hi.s shouting with joy, Lamar declares he cannot recollect. On the whole, which- ever account may be most correct, there can belittle doubt that Alexander M'Donnell showed on ihis occasion, his feelings of triumph in a very indecent manner, particu- larly considering the nature of the contest ; several otlier instances of his violence have also been stated before me, which sufficiently confirms the character given him by John Pritchard, (Deposition, No. 133,) of being " a violent partizan, litde scru- " pulous in the measures he adopted, and at the same time, much irritated against I " the Hudson's Bay company's servants, owing to tlie death of a brother, who had j " been killed in an alVray respecting an Indian debt some years back." Joseph I Pelleticr (Deposition, No. 204,) states, that at the j>eriod the half-breeds erected a battery in 1815, near the colonial fort, Alexander Al'Donnell came and informed them, that it was Cameron's order that if Miles M'^Donncll did not surrender, they should heat the cannon balls (which by other depositions, appear to have been forged by one Menault, the blacksmith of the North- West company,) red hot, and by that means set fire to the houses; that the half-breeds told him, it was a pity to kill so many people to make prisoner of one, and that they would rather wait till night and break open the doors ; to which he replied, " my children, you will get yourselves killed ;" but left them without coming to any decision, and that the next morning Miles M'Donnell surrendered himself. The most decisive proofs of Alexander M'DonneU's violence, are however to be found in two of his intercepted letters, proved before me (Depositions No. iJ^.'i and 337,) addressed to Archibald M'Lellar ; in the former whereof, dated l-'ort William, 30 July 1816, he states, 'you have " learned 'ere now, that you arc appointed to the post of honour ; you have his " Lordship to oppose in person ; his numbers are formidable, but I think they will " be thinner by the time they get to the Red River ;'' and the latter, dated (Jui Appellc, 7 December 181G, " I hope Lac la Pluic will be the last place taken with- " out the satisfaction of self defence, and I hope you are confident, as long as I can " crazit, my feeble aid and assistance shall he devoted to the rights of the North- f^-- " West company. In my general letter, I have urged our friends to send forward
_^y " early rcinlorccmcnts for our protection, and we uill concert together what steps
" to he taken; mark what I tell you, tlmt his Lordship shall dear and dear
" indeed for his conduct; I uill say no more on paper, • but there some
" (inc places on the river Ornipiejue." These letters, particularly the latter, have been produced on behalf of the Karl of Selkirk, us sliouinij the existence of plans against his life, which are further confirmed by the deposition of John Hourke, (No. JO I,) who states tiiat he overheard a conversation hetween Alexander M'Don- nell, Hugh M'Gillis, and otJicr partners ot the North-\\ est com|)any, which took j)liicc near wiicre he was laid doun to sleep, and « herein the said Alexander M'Donnell said, " The semling doun the half-breeils was certainly carrying things " to on extremity;'' and utteruards, us by way of accoiniting for what had hap- pened; " but ii can be said that ihesi! people (meaning (fovernor Seinple ond the j " persons with him) went out to attack tiiem (meaniii;i the Imlf-breeds) and met
: " their fate;" and afterwards, spcakiiis; of Lord Selkiik's intention to visit Red River,
by the way of /•««(/ r/rt Jmc, the said Alexaniler .M'Donnell said, " the half-hreeds " will take him whilst he is asleep, early in the morning;" and he afterwards said, " they" (meaning, as he understood, the North- West company) " can ^^et Ros- [ " ton. lis." (meaning an Indian of the lialf-breeds, well knoun for his crimes) to shoot
him;" and that in the course of the same conversotion, he heard the word "stab"
used,
RED mVETl SETTLEMENT.
'97
leii- :ked llled
the bre- lore The
is,
lish
irter
we lies
useti, but Cannot say with reference to wliom ; tliat the next morninn he, told what Indosr.re he had heard to Patrick Corcoran, and afterwards mentioned it to Michael Ilaydan ; ■■' ^" J- C. Slirr- the statement of this latter on the subject, lias already been noticed, but in Corcoran's i"|'"'"C*'(,°! *°''' deposition, it is not alluded to. The whole evidence appears certainly to raise some m^ Coltumn's' suspicion against M'Donuell, at the same time, allowing for tlic very possible misun- Report, &c. derstanding of a conversation overheard in tlie way mentioned by Bourke, I do not ^' ■ -^ ^ perceive in his statement (which at the same time it must be recollected, is that of (ajt'i Juuo i6»s.} a person who from the inconsistency of his testimony, as to the general plunder of
firivate property by the half-breeds, with the other evidence on this point, appears >
iable to the imputation of not being a very accurate witness,) nor in the letters of , '^''*'' M'Donncll, any thing that might not apply to a plan of open attack, nearly as well OS to a supposition ot intended assassination, ^^'klilst however it miglit be incorrect, on such testimony, to attach the suspicion of so foul a crime to any one, the con- sideration of this charge has certainly increased my regret, that thcswarrant I issued against McDonnell, could not be executed, owing to his previous and unexpected I'scape into the interior from lias de la Riviere, where I met him, as I supposed, on his way to Fort William, in July last ; this flight certainly adds to the suspicions against McDonnell, and combined with all other circumstances, calls for the most vigorous measures to bring him to his trial. A similar observation appears to me abo to apply to the case of Archibald Norman AM^od, against whom I likewise conceived it my duty to issue a warrant, which I sent to Mr. Metchcr at Fort William, but this also failed to be executed, owing to the very short stay he (M'Leod) made at tiiat place, cr at Montreal, from whence he proceeded to England.
It appears by the depositions of Mr. William M'Gillivray (No. 373), as also by that of Frederick Damien lluerter (No. 235), formerly a scrjeant of the regiment De Meuron, who had engaged as a clerk in the service of the North-West company, but afterwards quittedthe same, and has become a partizan of tiio Earl of Selkirk ; that M'Leod proceeded from Montreal early in Muy iSiG, accompanied by Mr. Alexander M'Kenzie, a former agent of the North-West company, and several other wintering partners and clerks, in charge of three light canoes; Mr. M'Gillivray, in a detailed account annexed to his deposition, states that expedition was prepared in consequence of an express having arrived at Montreal in March preceding, vrith in- telligence of the seizure of the persons of Duncan Cameron and Seraphim Lamar, in October 1815, by Colin Hol)ertsun ; of his having taken possession of the North* West post, and carried away all the arms and ammunition found therein ; violences %vhich were likely to produce the most injurious eDects to the trade of the North- West company, by raising a prejudice against their partners and servants in all the interior country ; and that the objects of the expedition were to atford security for tlie company's property in the interior, particularly at the great pass, the mouth of the river Winnipic ; to preserve the dep6t of provisions on Red River, and if possible to get them conveyed to lias de la Riviere, in the usual manner for supplying the men and canoes from the northern departments : That having been unable to prevent government's giving; a military guard to Ix>rd Selkirk, they applied for leave of absence for two suLaltern officers of the De Meuron regiment, wiiich being obtained, these two gentlemen, accompanied Mr. M'Leod ; that on arriving at Fort William on the 2pth May, Air. M'' Leod learned that the North-West posts at the forks of the Red River and at Pembina, had been again seized by the Hudson's Bay company's party, as had also the annual express of the North-West company ; that upon re- ceiving this intelligence, Mr. M'Lcod sent orders to Fond du Lac, to seize the express one Legimmonieree was conveying for the Earl of Selkirk to Red River, and which he had twice previously passed on the road ; and in consecpience of the pro- ceedings of the opposite party on the Red River, he desired Mr. Grant and Mr. Morrison (elsewhere mentioned as clerks of the North-West company in that quarter) to endeavour to get a party of the Fond du Lac Indians to proceed to the Red River, in order to give a countenance to the North-West party ; that after dis- patching these orders, Mr. M'^Lcod proceeded for the interior, and at Lac la Pluie, stating to the Indians that his object was to preserve the pro|)erty of the North- West company from plunder, twenty of them accompanied him ; tliat he was here also joined by Mr. Leith, with one additional canoe, and at Bas dc la Riviere with two others from Fort des Prairies, and learnt at this latter phicc, that Duncan Cameron had been sent to Hudson's Bay with all the canoes and tins belonging to the North-West company ; that liom hence he proceeded to Red River, with about isixty to seventy armed men ; that u little above the Riviere uux Morts, about forty . 584- 3 E miles
\
198
PAPERS RELATING TO THE
larlosuM in Sir .1. C. Sber- krnokc's, of tiolli Jul; 1818; viz. Mr. Ciilunun's Ucpnit, Ac.
(}5tbJHiieiti6.)
M '
V
I iiiitcs IkIow the Fotks, he met a brigade of ijK)ats, which were ut lirst supposed to contaiu tltc Noith-W'cst company's Mivants hh prisotiers, and tlic canues in cousc' qneuce put on sliure, and liie men landed w ill) their arms ; but on a neiirer uppraach, tliev «ere discovered to be tiie eoloi.ists, (jroeeediiiir with a written protection fioin (/iiUil)ert Gritnt ; timt Mr. \i'l./eod returned to tiie encampment at the Riviere aux Morts, and iuHucdiutcly set on toot uii inv(^>sti>(ution respecting tiie capture of tho forts at IVinbina and tite Vorks, witli the pro[)erty there, and on the inlorinatioti obtained, caused Mr. Sheriti' M' Doniiell to be arrested u.) an ufTidavit by Mr. John Pritchard : John Bourkc was likewise arrested, and Micimci llaydon, Corcoran and. M' Ivay wete taken down, as also Pritchard, under a subpa'iia ; that on jVPDonnell's rcpicscutation timt he was the o/i/y »/fim' with the colonists, and that hia presence was absolutely necessary to enable tliem to proceed, he was admitted to bail, and conducted the colunisis to Jack River, whilst Mr. M' Leod went u|> to tlie Forks, ailer supplying ti)ein with some provisions ; that at the Forks Mr. M'Leod umH iIk; imif-brccds and Indians, and there found that the whole buildings and 4}ickets of the North- West post had either been removed or l)umt, by tlie orders of Cioveruor Scmpic ; tiiat lie pitched his tent on the place, and made n speech to tlie Indians, assuring them and the brules, that so long as the Nortii-Wcst company was supported and countenanced by tiiem, no otiier persons should ever dispossess tlie concern of tlie trade; that Mr. M^Leo<i directed tlie North- West post to be rebuilt on tJie old site; to which tlie brul6s objected, saying, that as Fort Douglas was built of timber plunitcred from itie North- VV est company, the latter had a right to it; besides it had been given to them by Uic settlers, and belonn^d to them; that M'Leod having no nicuiis of acting contrary to their consei.L and convenience, ieft some of the Nortli-West company's servants to finish Fort Douglas, whidi was still incomplete ; tlut an armed schooner, called tlie Cwthullin, intended to scour Lake W innipic of all the North- West cumpRiiy's canoes, to the command of nhich Lieut. Holt had liccn appointed, was, it is believed, destroyed after Mr. M' I^eod reached the Forks ; tiiat the party under Mr. M'Leod then proceeded towards the north of Lake Winnipic, to |at>iect the canoes from Athabascer, which it was be> iieved were to be attacked in the way out ; this was not lumever attempted, and they were met about two tliirds distance over the lake, after which Mr. M'Leod and the other partners of tiie North- West company returned to Fort William.
' .- ♦ IVigcther w ith this statement, to which he of course depones only from information and belief, Mr. William M'Gillivray has also annexed to hb dopositiun a |)aper, containing sonic details i%8|)ecting the general mode of trading witli tlie Indians, and of the dangers attending the same : the principal facts stated tlierein arc, that it is not an unusual thing to force the amount of their debts from such Indians as will not pay : tliat witliin his own remembrance, upwards of fifty men of all ranks, including one partner and many clorks of the Nortli-West company, liavc lost their lives by tlie hands of tlie Indians : that these crimes have generally gone unpunished ; but tliat in tivc instances within his knowledge, they have been rcteliated u|h>ii the men com> niitting the acts as tlic only means of self-preservation : that in all cases wlicre Indians have been killed by Coiiadians, of wliicli lie recollects only four instances the criminals have been sent out of the country : that in 1 700, he sent to Montreal u man of the name of F'ornir, accused of killing two Indians, after an atl'ray occasioned by a part}' of Indians attempting to steal the horses of the foit, and his case was reported to the then Attorney-Cicncral, (the present Chief Justice of the province,) but that after upwards of twelve months contiiienieiit, he bdieves he was discharged: that in 1803, two Canadians, Cumptois and Kondoau, having killed a man and woman on I^ke Superior, although the woman had destroyed two of the servants of the North-West coni|)uny, the preceding yenr, yet he sent ttiem to the counnunding oilicer of St. Joseph's in irons.whosent them forward to Aniher,.tburgli,wlKn tliey were discharged by the magistrates ; from tlic whole of tlicse instances, he inters the (lersona! danger constantly incurred by individuals living in the Indian country: that the lives ot the natives have never been wantonly <lestroyed : that there is an absolute necessity ia many cases, and tliciico is naturally luinied tiic genen '. principle on which tlie traders act, of holding theinn Ives always pnpiircd to deleikl by tlitir own exertions their persons and pnipertv from the atl.ick ot cvwv nature. This princi|de of self-delience was also mHiiitaiiied by Mr. William NrCiitlivray, on his examination, (No. 23(>,) wlicn arrested by the Kail of Selkirk, (his answers on which occasion have Ik« n tiled by biniselt,) and \^ turther extendtd to that of retaliation ; he does not, liowcvi r, con- tend, that this latter principle is justifiable by law ; but says, thut he knows not in
wJiat
HED mVEtt SETTLEMENT.
'99
It
icd to ouch,
flOIll
aux f tho latioii Joiiii oran
OH
that ed to
|> to lieod
and rsof
Uic ipany Msess to be
^i
V Imt otlier way a niRti is to act in a country that is in tiic state of tlic Nortll-^V^est Ineldsurr or interior country, to pi'otect liis property ; tiie same principle is still uioro unre- j" S'"" f C. Sher. riervecUy ocknoMlcdgcd in an intercepted letter from Mr. ^rOillivray, of the 23d .Fidy ||'i™'''*s|g'f '°^'' 1816, to Arcliilmid M'Lellan, uherein ho ouys, "Wherever you go, take careof Mr.ColtmoJ" " Yuursetf, firmness and decision is essential in your situation, but let not your warm Krport, &c.
•" *t;in|)er hurry you into unnecessary scrapes ; wc profess to act on the defensive, ^^ ^-^
" and rcully do, but remember the injuries last winter sustained liavc been amply (''5i'> J""' »*"'-^ " refmid, and tliat we sliould not attempt any thing more without some fresh agf^rcs- / " sion, when no duubt retaliation should form part of your system, otiierways we | ■" cannot be respectal or do justice to our rights." It mi;»ht perhaps be a matter of \ ■some (litticulty to determine, in what degree the peculiar situation uf parties in the \ Indian country, (when distant from the control and protection of the law, the traders ! ■BTc frequently compelled in their intercourse witii the Indians, and sometimes with ' «acb otlicr, to adopt in miniature principles wiiich govern independent states,) may or iiiay nut render tlic adoption of measures uf retaliation sometimes necessary, and as such, more or less excusable, if not Justifiable; tlicre can, however, be no doubt beyond all bounds of moderation, of this various proofs will be found in their inter- cepted letters, depositions. No. i(i8, 218 and 240, exclusive of those which have already been extracted in the present statement. The following additional details respecting M'lxod's expedition, are given in the depositions tileil on behalf of tlib Earl of Selkirk. Frederick l)c Huertcr, in his de|>osition (No. 235,) states that lie and Charles llainhard, Serjeants in the late regiment De Mcuron, were engaged as clerks by the North- West company ; and that before leaving Montreal, A. N. iVrLeod told him he must by all means take his regimentals with him to the Indian country, **yi"|?i " ^^ ^'^'i" bave occasion to siienr a little military practice in tlic interior :'-' that at Fort William he and Charles lleinhard tvcre directed to go into n store, and choose arms for themselves, which they did accordingly : that at Lac-la-Pluic lie and Reiniiard were told by Lieutenant Missani, that it was Mr. M'Lcod's wish that they shoidd put on their regimentals, which they accordingly did; and Mr. M'I.eod observed, that Lac-la-Pluie was a great place of resort for Indians, " and it is necessary yon *' should all 8|tpcar in regimentals, to show that you belong to the King :" that at IJas- de la Riviere Winipic, he was again told by Lieutenant Missani, that it was Mr. M' Leod's desire he should wear his uniform, which he accordingly did: that at thii place the men were all armed, (iUtliough they showed great reluctance thceto) and provided with ball cartridge ; and tao brass field-pieces (the pro^KTty of the Karl of Selkirk) were embarked in a bateau, and the whole paiiy proceeded to Red River : that at the Uiver aux Morts he and Reinhard were ordered by M'Leod and Alexander M'Kenzie aforesaid, to take charge of the two field pieces, and prepare cartridges for them ; and that the said Alexander M'Kcnzie told him, that was the place where the arrangements were to be made for the attack upon the colony ; and on his remarking that their force was too weak to make an attack ; the said M'Konzie replied, that they were not weak, that they then ex|)ected all the brigades from the north ; that Mr. John M'Uonnell was to come from Swan river with about forty men to form the \ roar-guard, and that there was another M'Donnell to conic down from Qui Appelle Rivitre, with at least eighty half-breeds, who were to make the first attack on the colony : that after waiting a day or two, as he believes, for the arrival ot the canoes expected from the north, they set out on the 23d June without them for the colony: that slim tly after meeting with the colonists, a strict search was ordered to be made ibr »^ipcrs among their baggage, by Mr. M'Lcod, which was executed by himself; C. Rein- nard and other clerks opening all trunks, boxes and packages, under the direction of the said M'Leod and Alexander M'Kenzie, who took possession of all letters, papers or account books found therein ; that this, as he believes, was done without any search- warrant, that no keys being found for tlie trunks of the lale Ciovernor Semple, Mv. M'Leod ordered them to be broken open, which was accordingly done by Thomas M'Murray, a clerk of tiic North- W"est company. That Lieutenants Missani and Uruniby went up to Fort Douglas, and returned the next day, together with Alexander M'Kenzie. That having ordered some men to bale the water out of the' l>ORt where the two field-pieces were, Lieutenant Missani said to him in tlie German language, " Don't uncover the artillery, we don't wish these people (meaning tlie " scttlere) to see the guns that we have with us ;" nnd on another occasion, as he was setting n flint to his gun, Lieutenant Missani told him that he ought not to allow himself to he seen by the settlers with a gun in his hand, whilst he whs dressed in his nniform. That during this and the ensuing day they were joined by several other partners of tlie North- West compcny. That on the 24th Lieutenant Alissani and 5 84. ' Brumby
/
/
i i
Iiirlcsurf ill Sir J. C. Slur- brwike's, <il' 'iiitli July 1818; vii. Mr. I'ollnmn'i nejiorl.Sir. ^^ .. '
(«5th June 1816.)
100 r A P E R S R E L A T I N G T O T H E
Ilriimby set out witli Mr. Iliighcs, a partner of tlic North- West company, foi" Fort M'illinm, nnii tlic settlers were niso allowed to depart. That on the 2.'>tli he proceeded to I'ort Douulas xvith A. N. M'Lcod, Alexander M'Kenzic, James I^ith, John llnldme, Hugh M'Ciiliis, Archibuld Al'I/;llan, John M'Langhlin, John M'Donald, John Duncan Campbell, Robert Henry, John Tlionipson and Simon Eraser, partners of the North- West company. 'I'Imt at Fort Douglas tliey were received with discharges of artillery and small arms, the place being in possession of Alexander M'Donncll, partner of the said company, having under his command Cutiibcit Grant, Alcxonder Eraser, Roderick M'Kcnzie, Titomas M'Kay, Rostonois Panguian Lacerte, Antuine lloule, Michael Rourrassa and Montour, half-breeJs, clerks or interpreters in the employment of the company, and a great number of other hull- breeds and servants of the said North- West company. That he saw M'I.«od and his partners take tlie same management and direction of the fort, and make the same use of the property it contained, as he had observed them to do to any of the posts belonging to the North-West company. 'I'hat the half-breeds were entirely under their order ami control, and as subservient to their commands as I had ol>served any other clerks or servants of the company to be, and on this occasi' were received and treated by Mr. M'Leod and his partners as faithful servants, who had rendered « most important service to the North-West company, by which they were employed. That he saw A. N. M'Lcod, in presence of Alexander JVI'Kcnzie, John .M'Laugiilin and most of their partners, call such of tlic Imlf-brecds and others as were not usually at table with the partners, into a room adjoining the public apartment, when he shook them one by one heartily by the hand, gave them each a dram, expressed the happiness he felt at seeing them, and thanked them for what they had achieved, and for their attachment to the North-West company. That the next day the Imlf-brecds and servantsof the company were assembled behind the principal house of Eort Douglas, when the said Archibald Norman M'l^^od, in preserve of Alexander M'Kenzie, John M*Laughlin and most of his partners above-named, made a speech, in which he told the half-breeds who had been engaged in the afTair of the 1 9th June, that he ivas very happy to see them assembled there, that they had defended themselves and their lands well, that the English had no right whatever to build upon their lands without their permission ; that he had brought with him clothing for forty of tliem; that he did not expect to meet so many of them thciT, but that the rest sbOuld receive the like articles on the arrival of the canoes in the full, 'i'hut he tlien exhorted them to continue to defend their lands, and to prevent the Enjjlish from coming into the river any more. That after this speech this said M'Leod went, acconipunied by Alexander M'Kenzie and all his partners, the half-breeds and others, on horseback, to the forts, where he made a s|)ecch through an interpreter, named Joseph Promaux, to two Suulteur chiefs, named Peguise and L'llomme Noir, or the black man, and their bands, in w hich he reproached them for having refused to take up arms against the colony when called upon so to do, and for having allowed tlie English to take Duncan Cameron, and send him away prisoner ; that he called them a band of dogs, and threatened to punish them very severely if they ever dared to befriend the English again.
Pamburn, in his depositions, (No. 172, and 1 73,) states, that at this period he saw the same partners, as mentioned by Hunter, at Fort Douglas, wiiii the exception of l{obert Henry and John Thompson ; and he adds the names of Thomas M'AIurray, n partnerorclerk, and Alex. .\P Donnell, then a clerk now a partner, us also in his first deposition, (apparently by mistake) that of Jumcs Hughes. He further states, that he saw the wiiolc of the partners go to the council iicld with the half-brccds, to whom M'l^eod made a speech, and gave presents; but lliat he was stopped as he was going to the assembly ; tliat when tlie partners were assembled at table, he has ut ditl'crcnt times heard several of the half-breeds mention their iiaving killed and assisted in killing the colonists ; and tliatthc partners always expressed themselves pleased with what had been done; and that he has also at dilVercnt times, heard every one of the partners mentioned by him, express his approbation of the conduct of the Imlf-brecds towards the colonists ; ami their own satisfaction at being in possession of tlie foi i ; and he further deposes, positively, that Alexander M'Donnell, being absent at the time of the attack upon the colony of Red River, wherein Ciovernor Semplc and many of the colonists were killed ; and whereliy tlie said colonists were driven away from Red River, did yet procmc, counsel and abet the same before tiie fact ; and tiiat the said Alexander M'Donnell, and the other partners of the North- '.Vest com- pany named by iiim, together with John Sivcright and ,Scraphim Lamar, knowing of
the
RED RIVER SETTLEMENT.
aol-
.tliesa'ul Attack upon the colon}', the death of the said Scin|)lc and the colonists, and Inrloiur* •the expulsion of the colony, did shortly after the said facts, and knowinjj; the same *"^"]- ^(.^'''T" .to have been committed, approve of, encourage, relieve, comfort and assist the said jT "g'^g". ^°^ Jialf-brecds and Canadian servants, who had declared themselves to have committed Mr. CoUmun's .the af'jrcsaid crimes. He further states, that having heen taken down against his Il,ep<iit, «cc.
will to Tort Williuui, instcail of btinj» allowed to go to Jack River after the colonists, ^^ ^
he saw there several of the half-breids and Cuniidian servants of the North-West ('5tli June i8j6.)
company, who had acknowledged in his presence that they were concerned in the
attack upon liio colony, and in killing the said Governor Seniplc and the colonists ; ^
and that some of those who had been engaged in the said attack against the colony, i
and who had not received presents at Red Uivcr, received at Fort William aforesaid, \
presents of clothing of the same description as those given at Red River ; and informed I
liini that the same was an extraordinary allowance given for their good conduct at >
Red River, and bestowed only upon those present on that occasion. Aug* Lavynge, 1
rMonstouche Reonkcro, and Josepii Peltier, in their depositions (No. 329, 230, and 1
331,) speak of tlio presents made to the half-breeds by M'Leod, and of his having
made tiicni a speech, the substance whereof, as far as stated by them, agrees pretty |
■nearly with whut is stated by lluerter. Joseph Peltier dit Assiniboine, adds also, that >
he is very certain M'Leod thanked them in the name of government for what they I
(had done, and stated that two officers of government had come up to see what had |
,takcn place ; and that these officers allowed they were right to defend their lands ; and
.that he further told them they were to remain, in order to prevent the colonists front j
returning ; and that they wouht on that account be exempt from their usual voyage >
to Fort William ; an arrangement, which it appears by the intercepted letters of
:Cuthbcrt Grant and Alexander M'Donnell, extracted by Colin Robertson, in his
deposition (No. 1C7,) was by them contemplated as early as March preceding.
.Peltier further deposes to the reproaches made by M'Leod to the Saulteur Indians,
and to his taking from them a barrel of gunpowder, and bag of shot, which they had
received as presents from Governor Semple. Tiicse depositions, though with some
modifications, are for the moat part confirmed by those filed on the opposite side. ,
Seraphim Lamar, in his deposition (No. iGi,) speaks of the dresses distributed by <
APLeod amongst the halt-breeds ; but says that it was not an extraordinary recom« '
pence for the battle, but given to those who wanted clothes, the equipment of clothes
sot having been furnished regularly the year before, from the disturbed state of thtf
country. He mentions also the general meeting of the half-breeds with M'Leod, but
.eays it was for the purpose of his reading to them the answers of the gentlemen of
tlie North- West company, at Montreal, to the letter which the half-breeds had written
.to them in 1 8 1 5, in order that they should present a request in their name to the
fovernor in chief, that tlicy might not be molested in the enjoyment of their lands. /Uthbert Grant, in his deposition (No. 216,) states also, that after the first expulsion of the colony in 1 S 1 5, an address had been prepared to the governor of Lower Canada, on behalf of the half-breeds, to inquire of government whether Captain Miles M'Donnell, who had called himself governor, had any authority over them or the Indians, of whom four signed the said address, or any right to possess himself of the lands, and deprive them of their accustomed rights, in order that if it was so, the half-breeds might withdraw themselves to the Missouri, and trade with the Americans there ; that a letter was also written about the same time, to the agent of the North'- West company at Fort William, to inquire their opinion as to the pretended rights of the said colony, over the lands at Red River : tiiat to this letter an answer was givert verbally, by Sir. Archibald N. M'Leod, at tlie forks of Red River, on the present occasion, to the etl'ect that the colonists had no right over the lands, and still less to deprive the half-breeds of their accustomed rights therein ; and that witli respect to the address to go\ crnment, he has inquired but could never obtain any satisfactory inl'ormation. Alexiiuder M'Doniiell, the colony siieritf, John Pritchard, Donald M'Kay, Patrick Corcoran, Michael Ilaydon, and John Rourke, in their depositions (Nos. 195, 187, 193, 237, lop, 190, and 201,) detail various circumstances of hard- ship and violence to whi;h themselves and the other settlers were exposed, on meeting iMr. M'Leod. In addition to the circuuistauces stated by lluerter, Alexander M'Donnell deposes, thai he was required to make an oatli, that he liimsclf would never return to Red River, nor those under his charge ; but that positively refusing, he was ultimately allowed to go free with the remainder of the people; also, that M'Leod haviv^; taken, amongst other papers, tlie colonial account book, he requested liim to restore it, as tlie sfiiiie could be of no service to him; whereupon he answered, *' it is of no service to 11; i.', but I will keep it to distress you." Pritchard, M'Kay, Cor- 584. 3F cornn,
i I
InrloMirf in Sir J. C. Mi»-r- lirm ke's, 111' "loili July iSlSj vi/. M r. Cnltilliui'l Iti'|Mirl, iiC.
('>5ih June iSlti.)
v>» PAPRRS RELATING TO THE
Coran, ITnydon, aiul Boiirke, concur in rtatinn, thnt thpy were nil mnrlp prlMWicr*. It docs not however apijcar tlmt ut Fort Willinm they wrre treated hb such, with the exception of Uoirrko and ilitydoii ; the former of whom stutcfi, that on Iritvins liat dc la Itivi^rc, he was put in irons, and that all his clothes were taken from him, to<{e« theruiUi his watch and a pocket case of matiieinntical instruments; and that in this sitaatioiihe was placed on the top of the bagirojjein the canoe, without any attention bcini? paid to his wound, and was conveyed to Fort William, wlierc he wa« confined during twenty days, in a close prison, llaydon states, that dining thu lirst ten days after iiis arrival at Fort William, he was allowed to walk freely about, hut was ufter- Marda contined in consequence, he believes, of a communicatiun made by him to on« Chatelain, hereinbefore mentioned ; havin;; subsequently to (his visit, been comniitled to prison after a very slight inquiry, in which he ocknou Icdj^cd being present at the capture of Mr. Cameron's post; ond on his remonstrating uith Mr. M*(iillivray for confniini; him, whilst Corcoron and M'Kay mIio had been in the same business, were (eft at liberty, he was answered by that gentleman, that lie had bltown himself of late a bitter enemy to the North- West company. Pritchard states, that on meeting M'Lend's party, Mr. Hughes asked them, " where is that fellow Scmple," to which Sherift' M'Doimell replied, " he is dead ;*' the same circumstance is confirmed by Corcoran and llaydon, wlio likewise mention Robertson's bein<T asked for ; nnci, as llaydon states, in the opprobrious term, whether " the rascal ami scoundrel Hobeilson " was in the boats." PrKchard further states, that the tent into which he wo8 put, was guarded by Serjeant Keinhard, and another seijcant, both late of De Meuron's regiment ; tiiat one of them told him they no longer belonged to the Mid regimen^ but were clerks in the service of the North- West company ; but tiiat he mutt keep tiMt a secret, by which he understood that the object of tlieir employers was to induce the Indians and people f tiie country, to believe tlrat these Serjeants wore etill iti the King's Service, and that the North-West company bad tlie sanction of govcrmnenC for their proceedin<{R, a belief into which he himself was for a time alinoet mi^M» from seeing the said Serjeants, some privates, and two officers, in the English uniform amongst the North-West company's people. That at liivi^re auK Morte he WM examined by Mr. M'Leod, in presence of Messrs. Leith, M'Lelian, and M'Murrty, his partners, wltera Mr. Leith put into his hand a note, stating, that if he gave infor- mation h< should not be prosecntcd, as princi|)als could not be admitted as evidence; whereupon liie told the said M'Leod that he did not wish to hide«ny tliMg. Thaft William S4iaw, with his party of half-breeds, was with M'l^eod at Rtvi^ aux MortiT, «Hd that after M'Leod's return, Frimceu, one of the most violent of the ha4f-hree<h concerned in tlie massacre, was placed as guard over a bateau, which conveyed Wvnb prisoners to Has de la Riviere, wiiilst himself and Corcoran were oouveyed in aeanee guarded by Kemhard : tiiat at Iks de la Kivii^re, a party of half-breechs put iroM upon the hands of Bourke, sayin>r, they did it of tlieir own accord, as a puniehmeiA fur his treatment of Mr. D. Cameron, of the North-West company ; b«t that it couM ecarccly have bewi done without tlie sanction of the partners o*' the Nor»h>'\Vei<t com()any ; and its cruelty was much aggravated by Bourke's bcin;; tliereby disaiihid from dressing a wound, which he had received at Red River, and which was still m a bad slate. That fi cnu Bas de la Riviiire, he himself was conveyed part of tlie way uniier ihe guard of Frascr, the half-breed chief, who had been one of tlie commanders at the massacre ; tlmt whilst at Bas de la Riviirc, intelligence boinj; brou<»lit that Miles M'Donnell was coming in from Canada, some cannon of which tlie colony had been deprived by the North- West company, was planted there under the sihperintendcnce of Serjeant Reinhard, by order of Archibald M'Lullan, a partnoi- of the North- West couipimy, so as to cuminaiul the navigation of the river. Corcoran, Hnydon, and Bouike, all concur in accounts of the marked attention with which the hrtlf breed* were treated hy Mr. M'Leod and his partners; and of their being employed to guard themselves as prisoners. Corcoran also states, that lie was inlbrmed by one Edivard Kano. tlmt the half-breeds had scalped (lovernor Scmple, and had given his scalp to Arcliibalil Norman M'Leml, who had it then in his potisessiun. ilaydon further states, that Mr. M'l^eod questioned him as to the particulars of what had happened at Red River; and alter hearing them, said they were nil lies, and 'that lie would have liiin taken to Furl William and put in irons, to make him tell tlie truth ; and that (tt the period the scltlers were detained by M'Leml during two days, they had not pro- visions suftcient for a greater part of their journey to Hudson's Bay.
f)n the last fact, it may however be proper to observe on my own knmvlodgc, that from llic abundance of tish at tlrat season, there couldnot^beany material danger of
iitminc,
RRD niVEn SETTtEMENT.
ao3
ftmme, as also wiih reQard to the ^Icinout luado by Kauc reipecting Ouvcrnor Inclo«ur« Ketiiplti'a huvinf^ Leen Hculpeii; timt it U supportud l/y no utitcr evidence wimthuever, ■" ^^'^,- C- ^'>^* altliu«i|^li it is very iniprobaUe if such tunl Uieii tiic fact, that it should not have hceu jXVgVs"'^ v?». rciiiuiicd by tliote wtio buried tlie body. In ituurke's dupoititioo, s|i«akiiig of tlie Mr. Coltiii»n'« cuiiv( rsutioi) overheard by him. »!* hereinbelura mentioned, lue furl her qtutctt that Rrpcjrt, &c. yVlexnuder M'lJIouncllaiiked M^CiiiliiS who hiideoiiie up with Mr. M'Leod, ivhut his^
plan tor tiie desUuetion ul'tiiu Mittlement uf tlie lied Uiver Imd been; that &rGilli8(''SiMM»« tS^^ answered, Ibat liis plan was tu attack llie loit (meaning l-'urt Douglait) immediately ; to which tlic said Alexander M'lJunncI raplied " it° yuu hud, they would have killed one half of you;" that the said M'Gillis then asked iVI'Duuncll what had been his plan ; to which the latter un^vered, it was to stui ve the fort (meaning i'ort Douglas,) as they (meaning the persons in tiio furt,) huil only four bag!^ of pemican. 'i'hjs conversation has Ixscn much dwelt upon on behalf of the Earl of iiclkirk, as proving the hostile intentions of tho party with M'lxod ; these are however still more clearly acknowledg^'d in the iiOcrcepltid letter of llobcrt ilcnry, one of the partners whv accompanied M'Lcod from Montreal, filed before uic (Deposition, No. 318,) in the iuUowirig terms, " I tliank Providence that the battle was over btforc we got there, *' as it was our intention to storm the fort ; our party consisted of about 100 men, " 70 firearms, and two field pieces ; they were fortified witli several pieces of artillery, " aod uo want of grape and caouister shot, with cannon ball and 200 muskets, with " about Go men ; what our success might have beea 1 will not pretend to say, but " many of us must have fallen in the contest, as I imagine they would not have come '' out to attack so strong a perlyas tliey did the half breeds." The declarations mpdo to the Indians at Lac la Pluie, previous to the party having received iiUclligepce <^ the final destruction ot the post, or the sending otl' to lludsoti's l]ay Oif Duncaa Caneroo, are stated by John Charles Sayer, tlie Nortli-West iutcrproter, who spaJtP for M'Leod on the occasion, (in his Deposition, No. 238,) to have been " that they " were going to lied River to try tp recover tlieir fort, and rescue Mr. Cameron, ana " would be glad if the Indians would fallow tlicm, adding that tlicy did not go as fijj^ht- " ing characters, but tiiey were told that guns were placed to preveivt them from passing, " and that if they were attadcad they must defend themselves ; also that they ha4 " expreased a wish to have some of die King's officers tu accompany them, who were " accordingly present." Upon this a chief who had been previously spoken to, ans^veref in the name of the rest of tlie Indians, expressing tiieir attachment tp the trader^ ojf the North-West company, and tliat they were ready to go wlierever they desiret) tbem. lie observes also, that the expressions he was instructed to use in his spee(;h, were snob as the Indians would certainly understand, as implying an instruction to go to war against Uie opponents of the NortlvWest company. Baptjstc Lagimr nwniere, Saciuter Legor tlit Parisin and Belhinie Ajarie in theii- depositions (No. 23^ and !234,) detail the particulars uf the robbery of tlie express of tlie Red lliver, in the charge of the former, and Mate various circumstances of violence as well as of the pluiider of their personal efibcts with wliich it was accompanied. John Allup annexed to his deposition (No. aSo) an cxtraut of the order (marked P.) sent by A. N. M'Leod, for the seizure of tlie exiircss in Lagimmonicre's care, Mhich conclude? with this remark, " it was a matter of astonisbuicnt to many how he could have " Blade his woy last fall tlirough Fond du Lac department ; this uo doubt you will b^ *' able satisfactorily to explain." Mr. Allan annexes also a copy of the letter, Diariied Q, sent at the aame time by A. M. M'Leod, Robert Henry and Joh4 McLaughlin, to Messieurs <j rant, Morrison and Roussiu, to induce as many of the Fond du Lac Indians as they could, to meet the party under JM'Leod at lied River. He also annexes the copy of a list (uiarkcd S.) containing the names of a number of half-breeds who had received habiliments at Red River, in the montli of Juno, a few days after tlie deatli of Governor Semple and his party, which names are ticked off; the same list contains also the nauics of fourteen others, which have not been ticked otl'. IJe also states, tliat twenty bales, intended for the Red River department, were discovered at Tort William, which coiUaincd suits of clothing or habiliments, destined fur the half-breeds who hud assisted Jn the destruction of the colony, and who were designated in one of the No. th-West company's books, by the name of the " cossacks," and on otlicr occasiaus by that of the " hois bruit's rangers ;" and that the number of habillniciis was thirteen, and tjiat one of them is expressly niuntioned tu be for Lacerte, one of the brulc's whose name is not ticked oil' in the list, lie furtlier adds, that he 1ms iniderstooil from the servants of the Noitli-West company, that the term '' Imbillcnicns," is distinguished from the term " cquipemens," the latter importing clothing received aiipart of the regular wages 9nd payments of
most
5M.
fndoiiurt in Sir J. C.Shtr- brnnkcS, nl joth July 1 8 1 8 ; vu. Mr. Cultmiiirt Ittpiirt, AiC.
304 PAPERS RE L ATI KG To TIfE
most of the servants ; ond tlic former n rcwnird or donation over and nhove Rarll regular wa^es, |*iveii to the best servants, or in token of |)iirticular gratitude and ■pprobation of services rendered. Cutlilicrt Grunt, in liis deposition (No. ji(i,) states also the distribution of a quantity of imbiilemens ainon;;st the Imlf-brcrds in June i8i6, but mentions Alexander M'DonncIl as the person who distributed tlieui (pro^
^^ ^-- ^ bobly liowever acting under the orders of M'J<cod.) He states ai^o that the tcrnii
(«t,th Jun* i8i6.) hubiliemens and equipenicns arc well known in the Indian country, the former tnean- ii)g a suit of clothes, and the latter the annual supply of clothing given to a servant, M'hicii varies according to his station ; tlic superior clerks having two or three habiU lemens, and the common voyogcurs only blankets and some other articles of triHing value. Alexander M'Donnell, in his intercepted letter to Archibald M'Lcilun, of 30 July i8i(i, Alcd before me (Deposition, No. 33,5) states, that he sends liy Mr. Hughs, for Lacertc and Bond, two gallons shrub, ten cock feathers, and ten tinsel tassels ; and adds, " the ditticulty srems to be in getting men, goods we would get to satisfy all hands." Louis Blundeau in his depositions already mentioned, (Nos. 170 and 171,) states his having seen at Das do la Riviere, two of the party sent by John I). Campbell, from fort Cumberland to Red River, the spring preceding, who showed him the articles received by tiiem, as a rccompence for their services which tlie said Alexander Norn)an M'Leod had given them ironi the colony stores, consisting of A habillimen and some smaller articles of dress, exclusive of two sheep which one of them said he was to have for his share. : n ,;s "• ^j. >^. 4 '
It (I « It It
Frances Enodit Dclorme, in his deposition (No. 113) speaks of considerabM
Sromises of rewards, which the half-breeds told him had been made to them. . D. Marscilois, already mentioned as one of the half-breeds present at the affray of the 19th June 1816, on his deposition (No. 206) states, that he understood from Al'Leod's speech that the North- West company would rccompence them for what they had done. Lones Rolin, in his deposition (No. 210) states, that in conversa- tion with some of the half-breeds immediately after their taking possession of Fort Douglas, who having drank a good deal, were very talkative, tie remarked that the^ had done an action which might have very serious consequences for themselves; td which they answered, that they should be supported by the North-West company ai long as it stood : they spoke also of the rewards tiiey expected from them, saying that if they did not fulfil what had been promised, they would do as much to them ; that they had no positive promises of what they were to have, but expected much. From the whole testimony, it appears nearly certain that the rewards given consisted of an liubillcmen or suit of clothes to each, with probably some iieads and other trifles, and that these were given to all who had assembled at Red River, whether present in the aAi ay of the ic)th June l8i(), or not; for in the list found at Fort Wiiliani of those who had received Imbiilemens at Red River, the names of Bostonois and Montour, two of the principal half-breeds, arc both included, although they are known to have been at the Portage des Prairies at the time of the action : it appears also probable, that such of the half-breeds as were not under regular engagements to the company who assembled at Qui Appelle, and stayed for the purpose of assisting to guard the North- West posts during the summer, had the same. wages allowed as if they had performed the customary voyage to Fort \\'illium and buck again. Noiin, in his deposition further states, that in all his conversations with the half'- breeds, they appeared determined to allow him and the other clerks of the Hudson's Day company to remain, saying that they desired traders on both sides, but would have no colonists on their lands ; that ttie first or second day after the departure of the colonists, Mr. Alexander M'Kcnzic arrived ai the fort with two officers, who walked out on the plains whilst Mr. M'Kenzic spoke with the half-breeds, who re- counted to him nliat liad passed at the affair of the 19th, at whicii he ap|)eared to laugh, and that he heard him ask which of them had tired, and that lie seemed to approve of those wi 10 had doiic so, and to blame the otiiers; ultcrwurds he told tiieiii that I.oril Selkirk was coming uj) with twelve soldiers and an officer, which he had obtained with great difficulty, and that the soldiers had orders not to interfere in the disputes of the country, but merely to be a body guard to his Lordship ; that on their side they had also two officers, w iio were come up to see what took place ; that the half-breeds replied, if there were iiiiy twelve soldiers, they would soon be driven away ; that on the same day the said M'Kenzic arrived himself, and the other clerks of the Hudson's Hay company were ordered to leave tiie Ited River, and that it was with difficulty he obtained a passage in the North-Wcst canoes, in i>lace of going totlie Day ; tfiat when at Dos de la Kivii;re Winipic, he had seen ihcm practise
.-.the
RED RIVER SETTLEMENT.
! RorR c and Htaten I Juno
(pro- terms mean- rvBUt, hul)i|. riflin;! un, of y Mr. tinsd get to
170 John luwcd
said of & me of
305
the use of cannon, and tliat a platform was prepared by Reinhard, for the purpoto Inclntur* of sinking any of his Lordship's canoes thai might endeavour to pass. Huerter, in j" ^" f C. Shar- his deposition (No. ^35,) further details the particulars of a visit made by him on jX iVi's- tu the 3t)th June, in company with A. N. M'Lcod, M'Kcnzie, M'Donncll, M'Laughlin, Mi. Coltmun's Lcith, Campbell and M'Gellan, with the half-breeds and other servants of the com- R«pnrt, &c.
pany, to the field where the affray of the 19th June had taken place; that he there *• -^ '
" saw the spectacle of a number of human bodies scattered about the plains, and (astb Juo* 1816.) " nearly reduced to skeletons, there being very little flesh adhering to their bones, " and tiiat ho was informed on the spot, that many of the bodies had been pthXy ^ v-^ ^ " devoured by dogs and wolves ; that this spectacle, at which he was greatly shockedf, " was viewed with every mark of satisfaction, and even of exultation by the persons " by whom be was accompanied on this occasion ; that all were laugliing heartily at \ " the jests which each stnved to pass; that the half-breeds were eagerly contending '. " to point out to the approbation of their masters, the partners of the North- West | " company aforesaid, the particular feats un the 19th June, which were listened to " with pleasure, and answered with praise; that Alexander M'Donell especially j " praised, to M'l^od and his other partners afore-mentioned, an old Canadian 1 " named Francois Deschauips, as a person who had distinguished himself by his " zeal in their service ; that the said Deschamps is generally reputed and believed to '' have perpetrated acts of cruelty, in murdering tlie wounded when calling for " quarter ; and that in recounting the deeds of this man to his partners, the said " M'Donnell remarked what a fine vigorous old man he was." Hucrter further states, that on the 19th or 20th day of July, as he was returning from Frog plain to Fort Douglas, by land, with Daniel M'Kenzic, Cuthbert Grant and Alexander Fraser, the two latter pointed out to Mr. M'Kenzie " ihe places where the colonists " had been killed on the 19th June, and the remains of the slain which were still " unburied, no order having been given for that purpose by any of the sixteen or " eighteen partners of the North-West company above named, who had been at the " place ; and he states, from his own knowledge, that the bones remained disinterred " the wi)olc summer and winter, when after the snow was melted, they were com- " mitted to the ground by some of the settlers who had returned from Jack Riv^r." It seems proper, however, to observe, after stating this account at length, that a part ,' A -^ of the details appear inconsistent with the statements in other depositions. It has , "^^r been already mentioned tliat Nolin in his deposition (No. 210) states, thatCuthberti Grant told him the morning after the battle, that the colonists ought to bury the\ IkkIIcs, and that they need not fear any injury whilst so employed. Alexander \ M'Donnell, the colony sheriff, in his deposition (No. 195) states, that he caused | nine of the bodies, including those of the officers, to be brought in for interment the 1 day after the battle, and the ensuing day sent out a party of settlers and servants to / bury tlie remainder. Alexander M'Beath and Alexander Sutherland, two of the ' ))ersonsso employed, state in their depositions (No. 197 and 300,) that the bodies were actually buried except that of one man, which the latter states from report to have been afterwards buricil either by the Indians or the half-breeds ; he adds, how- ever, that owing to the confusion, the bodies were not buried more than two feet deep, and as he has understood were afterwards torn up by the dogs, and many of their l>ones found scattered on the plains this spring, when they were reburied. John Sivcright in his deposition (No. 1 59) states, that he was at Fort Douglas from about the 34th to the 30th June, and that shoitly before his departure he went to visit the ground where the unfortunate rencontre took place on the 19th June, in company with Cuthbert Grant, when they ))erceived that n part of one of the bodies of tliose slain was in some degree exposed, owing to the dogs or wolves having torn up the ground ; that this was observed towards evening, and that he was informed and believes, that the ensuing morning Antoine Pelleticr was sent out to cover the > said body ; and he further says, that he did not on any other occasion hear of any other bodies having Ivecn exposed from any cause, or in any manner whatsoever, and 1 that he believes tlie same could scarcely have occurred without his having heard | thereof. Scrnphim Lamar in his deposition (No. iGi) states, that to the best of his | recollection he visited the field of battle the day after M'l^eod's departure, (tviiich by i other evidence appears to have been the 28th June) and observed that the bodies were ,' all buried, but saw no corpse exposed; that passing tiie place some days afterwards, he remarked some bodies unburied, and in consequence sent Antoine Pelletier and ' Muron Ducharne to bury them. Antoine Pelletier, in his deposition (No. 232') ' states, ttiat in the month of June 1816, he passed the place where the persons who were tilled in the action of the 19th June, were buried ; that they were very badly 584- 3 G buried,
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PAPERS RELATING TO THE
liicloMre in Sir }. C. Sher- brouke'it of aoth July 181I ; Til. Mr. CollBian't llfport, Ac.
AstbJ
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buried, to much so, that tho clothct of tovno of thrm wem Mill visible ihroiiffh llw Uuf, which woa sparingly thrown uver tliem ; that one of the bodies wu nearly un- covered, nnil appeared to have been eaten by wolves or do)(^, in consequence of which lie went to ac(|uaint Mr. Cuthbert Grant with tlic circutiiilonce ; that he mideratuod the bodies h:id been iniried by the colonists, and that he IiimI prcviuuitly seen the- body of one of tht^ said colonist!*, wIki had bucn drowned a slmrt time befuru the said ■M Ilia.) action, eaten in like manner by wolves or dogH, in conse(]ucnce of being badly btiriod on^e lieach where he was found ; that on bearing the snid bodies were exposed as afafluid, the said Cuthlwrt Grant sent one Maron Duclwrtnc, together with him- self, with directions to bury tlueni properly, which was aci-oriiin^ly done. From the whole of this concurrent testimony, it is scarcely pussilile not to duspect tliat lluerter, in stating what passed on his visit to the field of (attic, has been led into cotisiderablo exaggeration, a circunutanoe which tend.i in some degree to weaken tho confidenca to be placed in his general testimony, where not supported by other evidence ; more particularly so, when joined to the consideration of his not only having left the service of one party, but become an o|)en and active partisan of the other ; and having a direct interest to depreciate the character of his late employont, inasmuch as the proof of the illegality of tlie commands given him by them, must be the justifica- tion he will necessarily attempt, in case of any civil suit ai^ainst him for the breach of his contract, and also to that of his having, accoixling to his own avowal ( Depo- sition No. 335) received at Bas dc la Riviere a trunk and writing desk sent to him- self by Charles Reinhard to take care of, and this without makini; any difficulty except from the circumstimce of tlie trunk l)eing open, although lie observed the nama of Kevenry on tho deski and suspected that something had liap|)ened to him. :t
On the 13th The following persons either actually or heretofore partners of the North-West
■Aujusi 181O. company, viz. Willium MHiillivruv, Kenneth M'Kcnzie, Alexander M'Krnzii-, John
j M*Lau|;lilin, John M'Donald, ifugli M'Gillis, Simon I-'razer, Allan M'Oonnell, ) and Daniel APKenzie, were arrested at Fort William in virtue of warrunt!) from the ,' Earl of Selkirk ; no copies of these warrants have been filed before me, but it \a well I known that they were issued on tiiu charges of conspiracy, treason, and bcin^ acces- sary to murder. Dy a letter addressed to the attorney-general of Upper Canada, on I. the 21 St August 1816, whereof a copy haa been filed before me by John Allan, ;' (Deposition, No. 280, marked II,) it appears that the Eurl of Selkirk adopted these ! proceediugs chiefly on the depositions of P. C. Pambrun, Augustine Lavignc, and i| Louis Dlandeau, sworn before iiis Lordship ; of these copies have been filed before mc, J (No. 173, 170, and 331,) and have already been herein before referred to ; these '■\ depositions his Lordship states were conceived by him quite Muflicient to justify his ; ,' refusal to admit any of tlie gentlemen to bail ; his I.x)rdship, however, further trans- I mitted with his letter to Uie aUorney-general, the additional depositions of Louis Nolin,
j Joseph Brisbois, and C. G. Bruce ; a copy of the first has been filed before me, (De-
position No. 309,) and those of Uic two last (which are not very material) may be found by reference to the Appendix to the " Statement," pages 65 to 69.
, ' \ From the concurrent evidence of these depositions, liis Lordship states it to appear * that the half-breeds who perpetrated the murders of the 19th June, were in a very great pait at least, probably almost all, servants in the regular pay of tlie North* West company ; that early the preceding winter, preparations had been made at tha "y different trading posts of the North-Weet company, even at those wtiich were very remote from the Red River, to collect the body of men by whom these murders were committed ; that in a very few days after the massacre, Mr. M'Leod, one of ttia principal agents of the North-West company, made presents to tiie murderers assembled in full council, and in presence of many of his partners, addressed them as friends who had rendered an important service to the company ; and that most of the gentlemen sent down us prisoners, were then on the spot. His Lordship further states, that on their examinations, all the gentlemen pleaded ignorance of these trans- actions, but that it was impossible to listen to such an excuse in tlie mouths of those who were at Ked River with M''Leod, when he made presents to the murderers in the name of tiie company, and equally so in the case of Messrs. William M'Gillivray and Kennet M*Kcnzie, the principal agents of the company under whose direction every tiling is conducted at Fort William ; as the pa()crs secured at that place contained, his Lordship states, evidence, that t^^e promises made by Mr. M'Lcod to the bruits im- mediately after the massacix;, had been since fulfilled, or at least provided for at the expense of tliL- company ; and that among the goods found packed up, inventoried, and ready to be scat to Red River, there were cquipemeus of clothing and supplies
... of
i^'
RED RIVER SETTLE M E N T.
Iha
un-
|hidi
|iood
.dy
mi
lined
W
lenc«
•f varioui kinds for nlmost every one of llic niurderen, botidci > number of liobille- ('irlomr* mens, cviili-ntly intended for tluwo iitdividuaii who had nut been su|i|ilicd at j" '^'' ^ ^'y^ M'Leodt distribution; tliatit wutt iiiifHiuiblfi to believe lliia bod been dunu uithout jX ,Vi'it J*^ the consent uiid approbation of the u^entt, aiul thtir being informed of tlic promises Mr, c'oli' made by Uieir collenj^uo Mr. M'Lcoil, for thu fulfilment wliereof Koods were token Rri^rr. Vw, out of warehoujic.t situated iwmciiiately under thoir eye, tnd completely under their ^ — ' '- control ; that anotlicr excuse which liad been framed, was, tlmt the lialf-brcodi (ijdiAiiguit were not the ogKresaora in tho battle, as it was called, of the igtb of June, but that Uovernor Sempic wantonly, and without provocation, went out into tho plaint to attack tliem. Mis liordship stutcs that it is, luiwevcr. iK>t only in itself iuiprobable that he should do so with less than hulf tiieir Ibrce, but that it appears by tlte direct testimony of Lavigne, corroborated by Nolin, that before Governor Semple made his appearance on tlic plains, Uie bruits had taken several of the Mttlen, and were pro* ceedinK to make tham all prisoners ; that from Famburn's deposition it is also evident, that the bruits under Grant were sent by Alexander M'Donnell, from Uic Portage des Prairies, for the express purpose of attacking the settlement ; and indeed that the whole circumstances of the expedition, u stated by Pambrun. from lite period of the bruits being assembled at Qui Appelle down to the perprtratiaa of the maiMcre, and even to tlie departure of the settlers, form a series of the most undisguised violence and aggression ; and for which no justification can possibly be found, imless wu are to admit the broad principle of retaliation, as avowed by Mr. William M'Gillivray in bis examination ; bui ;liut it cannot certainly Iw ncceuary to prove that murdurs and rob* bcry arc not to be defended on any such principle, in courts of justice that act upon the law of England. His Lordship further dwells upon tlio fact, that Alexander M'Donneli, the prime mover and avowed commander of the men who committed oU the atrocities against the settlers, and M'Lcod, who Iwd rewarded these atrocities as services done to the concern at large, had both been shortly before in Fort William, io intimate daily intercourse with the ^ntlemen arrested, admitted in the secret consul- tations of the partners, end that M'Uonnell had returned with their general consent to command again in tho same department, which had been tlic scene of so many violences committed by his orders, circumstances which his Lordship conceives would alone form sufficient ground for putting on his trial as accessary any partner who had Htlended the secret consultations of the company that season, and tmd not availed himself of tliat opimrtunity of expressing his disapprobation of McDonnell's and M'Leod's conduct. Such is tho Earl of Selkirk's own statement of the grounds on which his warrants were issued, and on which he refused to admit the parties crrested to bull. On behalf of the North- West company it is contended, that the assomhiage of the half-breeds was for the purpose of defence, and that the affray of the 1 9th of June i8it) arose from the inconsiderate aggression of Mr. Semple and those who |)erislied w ith him, ond was on the part of the half-breeds and Canadiiins an act of s( If-detcnce, and could not be called murder. In further proof of the defensive views with which tho half-breeds were assembled, much reliance ia placed in their " printed narrative" on the deposition made by Blondeau before the £arl of Selkirk, wherein he twice repeats the expression of having been asked to go to Red River to defend the interests of tiic North- West company. The different details herein()efore contained, es|)ccially the extracts from the intercepted letters of different partners of the North- West company, have liowever sufficiently shown that tlieir views were by no meant contined to mere defence, but included projects of revenge and retaliation; and were further proof wanting of this fact it would be found in the inter* cepted letters of John Duncan Campbell (tlie partner who madetlie before mentioned application to Ulondcau) dated Cumberland House, 6 April ig 16, which lias been tiled before me(l)e|)oeition No. 240, marked B,) and contains the tbllowiog expressions ; " The Red River, where no good can be expected from, has this year turned out " worse for the honour and interests of the North- West company than ever ; that " infamous scoundrel RoberlsoH has behaved in such a manner to our Mr. Cameron " and people at the Forks, when entirely off' their guard, that revenge it loudly called " for, and it is to be hoped ail well wisiiers of our concern will not delay in coming " forward to that effect ;" and again, " the Hudson's Bay new Governor, whose name " is Semple, with a party, ma^e an attempt to storm tite Fort of Riviere Qui " Appelle, sometime alter the atrocities committed at the Forks, on purpose to take " the two swivels formerly belonging to the colony now in our poefiession ; but these "• sons of gunpowder did not think the task advisable, and candidly speaking they were '* in the right, for had they made the attempt, Ciovernor Semple's expedition to Qui " Appelle would have proved a lesson to Hudson':, Buy ruffians. Labertc has been at 584. " Moose
l> ,)
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PAPERS RELATING TO THE
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Tncloaure in Sir J. C. Sher- broiike'ii, of aetli July 1818; vii. Mr. Colliiiao'i Rep<>rt, ttc.
" Moose Lake oh a mimon, topmail on all his countrymen to join in extirpating these '• miscreants out of the country ; young M'Kay, with Jive men, are to start a couple of " days hence for Red River, and I expect by the time they get there, they will be " joined by the brui6» of Fort des Prairies and English iXroer." On the whole it ap|)ears to me, Uiere can be no doubt that the conduct of the parties arrested had lieen of a nature to call for such a proceeding on the part of any magistrate before (i3tb August 1816.) ^iij,^ jijg g^^g proofs should have been laid as were before the Earl of Selkirk ; how fnr however the circumstances were sufficient to justify the refusal of bail, in the cases of Mr. William M'Ciiliivray and Kenneth M'Kcnzie, or of any others wliere Ihpre was not evidence of their havinj; been parties (previous to the fact) to the assembling of the huif-breeds, with a view of illcg> violence, may admit of doubt ; the prudence, and even strict legality of the Earl of Selkirk having proceeded at all to Fort William tor the purpose of acting as a magistrate in a case where he was so deeply interested, may also be questioneii ; from the rank and fortune of the parties, these points will however in all probability be ultimately brought before a court of justice, and it is tiierefore less necessary to enter into minute tietails relative thereto ; in a moral point of view, making some allowance for the want of a full knowledge of the English law, which may naturally be supposed on the part of a Scottish pepr, and adverting to Uie refusal of two magistrates to whom he applied to accompany him (as stated by John Allen in his Deposition, No. 280,) the course adopted by his Lordship, under the deep and apparently sincere, however exaggerated impression on his mind of the guilt of the partners of tlie North- West company, can neither create surprise nor call for severe censure ; that he had, as had been charged by the North* West company, any intention of proceeding to Fort William, pr^vious to learning the destruction of the colony, there appears no reason to believe ; the only fact which gives any colour to the charge, is the nature of the boats, in which the Earl of Selkirk's party was proceeding, and the size of the packages, and the bulky nature of many of the articles conveyed thereby ; but all this appears sufficiently accounted for in his Lordship's letter of 25th April to Colin Robertson, a copy whereof was filed before me by Miles McDonnell (Deposition, No. 112, marked D,) containing the details of his Lordship's plan of proceeding to Red River by way of Foncl-du-Lac, and in which he states it to be his intention, in the first instance, to leave a purty at the head of the boat navigation from Lake Superior, to form a post where the surplus goods can be left, and whence the canoes may come almost light ; and a part of the men being |)erhaps marcheJ by land to Keti Lake, where his Lordship directs tltat boats may be sent to meet them with a supply of provisions.
Two circumstances connected with the arrests in question, it may be proper to
/ notice as appearing a little extraordinary ; the one is, that of the different affidavits
' on which tliey are stated to hiivc been grounded, only that of Blondeau, appears to
I have been taken till several days after the arrests ; and the other, that the conspiracy
I alleged to have been formed in 181 4, for tiie destruction of the colony is not once
! noticed in the Earl's letter to (he Attorney Cencrulof Upper Canada, although in the
printed " narrative " of the North- West company and the deposition of William
M'Gillivray (No. af)!,) it is slated to have been made the principal charge against
the partners, and certainly appears by the answers of Mr. William M'Gillivray on his
examination (No. 23;),) relative to Mr. Duncan Cameron's proceedings, to have been
much dwelt upon at the time, as it certainly is also in the statement made to me by
the legal agents of the Earl in February last ; the former circumstance may however
have arisen probably from his Ijordsliip's having in tiic first instance acted on de|)o-
sitions taken from the same parties, but in a less formal manner, as the otniasion of
tlie latter may have been caused by iiis lordship's not having at the .same time the
necessary documents in support thereof to luy liefore the Attorney General.
<^f^
IK
v>'
In the execution of the warrants for these arrests, it is allowed on Loth sides, that possession was taken of the North-West |)ost of Fort William, by an armed party, consisting of men discharged from tlie late regiment De Meuron, who had been engaged in the service of the I'^rl of Selkirk, and a notarial copy of one of the en- gagements has been filed before me (\o. 410.) On the part of the North- West company it is contended, that tliis proceeding was altogetiier an illegal and forcible entry, no resistance whatever hud been attempted to the execution of the warrants to render the same necessary ; and tiiat the allegations of the opposite party, were a mere pretence for the seizure of the post. • j t, » ■ ■ .! -i /■ . • ,-•--- , ■•
John
RED RIVER S ETT L E M EN T.
!O0
Jolin M° Donnell, one of the partners of the North- West company, »\ ho is chiefly iiic1i.P4ir<! accused of the attempt to resist, guve the following statement of what occurred in tlie in Sir J. C. Slier- joint deposition (Nio. 267,) umdc before tlie commissioners by himself, Allan '"■""'"''•"' '»"''» M'Donnell and Daniel M'Kcnzie, in support of the complaint for forcible entry ; Mr!'colimdn''i' " That about three o'clock intiie nfternoon of the 1,5th August, lie had akno\vled>;e of Ue|)ort, &r.
*' tlie depnrtnre of Mr. William M'CJHlivruy for the cninp of tl)e Earl of Selkirk, * —^^ '
" accompanied by Mr. John M' Laii^hlin, and Mr Kenneth M'Kenzic, but had at that (,311, Augmt i8i6.> *' time no kno\vled<^e of the inrost of Mr. M'Ciillivray, iiiMlerstandini»and believing the / " party to be f;one upon u visit to the Emi ; and that John M'Nab («iio appears by *' the deposition of others, accompanied them, together with nonald M'Pherson) hud " been the bearer of an invitntbn to that eflect ; that about six or seven o'clock the \ " same evening, he perceived two large boats filled with armed men in military " uniform, to the number of fifty or upwards, coming down the river from the camp " of the said Earl of Selkirk, and up(>roachingto and landing at the wharf belonging tn " the said Fort William, wiiicli may be twenty or thirty paces distant from the gate " of the said fort; whereupon suspecting some treachery, and that Mr. M'Gillivray. *' John M'Laughlin and Kenneth M'Kenzie were detained by the Earl of Selkirk, and " that the armed force in the boats was coming to attack the fort, lie immediately " went forward to shut the gates of the area or court-yard, and liad already closed " one of the tbiding-gatcs, ami was proceeding to shut the other, w hen lie was pre- " vented by the influx of a considerable crowd of persons, and was immediately " arrested by the said M'Nab; whereupon he asketl him by what authority it was " he so arrested him? In reply to which the said M'Niib showed lini a paper, the " contents whereof he does not know, and that although he surrendered himself " immediately, and expressed every possible disposition to obey such arrest, yet there '' was immediately a cry among the officers iind soldiers by whom he was surrounded, " of * Seize hiui, seize him,' and other expressions to that effect ; and they did accord- " ingly violently seize him and handled him very roughly, as many of them laying " hold of him at once as could get near enough, and one Hecher in particular, who " was amongst them, reaching iiis arm over the heads of the others, and presenting " a pistol at his head with the most violent threats and menaces ; and that from the " number and strenjith of the soldiers who thus surrounded him, they actually lifted " him off the ground and dragged him in tliis state, and with the pistol still presented " at his head by the said Declier, down to ilie boats, on board of which he was put, " and afterwards crossed the river in canoes with Hugh M'Gillis, Simon Eraser, Allan *' M'Donncll, Alexander M'Kenzie and Daniel M'Kenzic." To these details, Allan M'Donnell adds in the same deposition (No. atiy,) a long statement respecting the seizure of the two small cannon, which usually stood near the principal building at Fort William, by a number of the soldiers (being the first part of the affair which he w itnessed ;) that ite observed one of tlie soldiers had a barrel with the head open, a[)par('iitly filled will, cartridges for the said guns, and that the guns were taken down to the gate of the mca of the said fort, a»d pointed outwards ; that the said guns were he believes two-poMiiders ; that he never saw any kind of shot or cartridges adapted to the calibre of these <;uns, nor does he belie\e there were any S'j'-h in the said fort; the guns when fired as signals during a fog, or on rejoicing days, liaving alwoys been x:hargcd with 1(i(im; jxiwiier; that captain Mutthcy, captain D'Orsonnens, lieutenant (.1 raifcnried, mid ollici officers and soldiers belonging to the late regiment De Mouron, had on the day proccdin;;. the attack on tlie said fort been on a visit there, and had nmoiigst other tiiinas niinutely inspected and examined the said guns ; and tliat from the ciiciiinstaiK'c ol their afterwards hi inging in cartridges apparently adapted for tiie said gups, and the F.ail of Selkirk's not having to his knowledge or belief any cannon of so Muall a caiilicr in Ills possession, he verily believed, that the said oiiicers had so inspected and examined the said guns with a view to the making up, and had accord- ingly iimdc up cartridges for the same; atulJohn Al'Donald, and Allan M'DoniieHaiid Daniel M'Keiizie, further severally add, that alter being conveyeil to the camp of tlie I'arl of Selkirk, ami takOn before '•;./., ''-e said Earl suggested, that it was then too late to proceed to business, and di.ocled them to he again conveyed back to Ktn t \\ illiam, where tiiey found lieutinant Ciraffenried on duty as commander of a guard of twenty or tliirly soldiers of the Earl, who remained on duty that night, and us they believed in charsje of the said fort and the prisoners therein ; and that they thonisclves, and as they believe, the other gentleinen who were then in custody of the Earl and his par- tizans, were accordingly confined in their res|)ective rooms.
'I'he principal "iicumstances contained in the foregoing statement, are further coii- Jinned by the resj>ectivc de|M)bitions (>»" -ohn Theodore .Mibsani, Charles Ijiainhy
^S-j. :J II KoU-rl
Indoiurs inSir J.C. Sbsr- brooke's, of loth July 1818 i vii. Mr. Cultman't Ileport, &r. V ^^
310 PAPERS RELATING TO THK
Hubert M'Robl), James Cbisholin M'TavUh, Ij^aoc Nickenawaha, William M'Gil- livray, IloUcit 'Grunt and Uobeit Courie (Noa. •242, 243, 244, 24,'), 346, 2.^0, 251. 253 ami 3r)4); and Mr. M'Giiiivray states tite additiunal facts, tbat before leaving the IWl ot Selkirk's cmnp witli a guard fur (he night, he gave his woi-d, tliat no escape should be Httciiipted, nor any inoleslatiun given to tlie guard during the nigiit, and that the prisoners sliould return the next morning to the encanipment ; (13th August 1816.) that on his arrival at the fort, he found it full of armed men (the De Muuron sol- diers) apparently commanded by the captains INIatthey and U'Orsonnons ; timt on his request to the former, the men were all witlidrawn, except twenty men, with lieut. Graffenried, who ren)aincd to guard the prisoners; which oificers, alter placing several sentinels, retired to rest; that the watch of the fort was also kept up for the night, as usual ; that he nlso found that all the papers and trunks found in the gen- tlemen's rooms had l)ecn sealed by Dr. Allen, as well as tlte desks and accounts of tlic North-West company in the cuunting-huusc.
Of the foregoing depositions, those of Messrs. Missani and Bramby will naturally be considered as more particularly important, from their being disinterested parties ; they state " that they were uctuqlly within sight, awl between the gate of tlie fort " and the landing place (tlie sujd places distant from each other about twenty yards) " at the moment that the two boats with the followers of the Earl of Selkirk came to " the said landing place ; that they observed that John M'Xab, one M'Pherson, " captain D'Orsonnuns nnd Mr. Allan, with some others, landed out of the said boats, " and walked up to the gates of the said fort, where John IM'Donald, and Alexander •' r."Kcnzie, partner of the Noilli-Wcst company, were standing, together with " some other clerks and partners, amongst whom they believe was Hugh M'Ciillis, " a partner of the company ; tliut on the siiid M'Nab and others coming up to the " gate, some conversation ensued, wliicli tlicy could not hear, but bellcv; it \viu» " began by the said M'N'ub; that in a few minutes however they distinctly Ijcard " the said John M' Donald or Alexander M'Kenzie, and as they verily believe, the " latter, say aloud, ' Yes, but we cannot admit so many persons into the fort at " once ;' and at the same time they s nv that one half of the large gates of the fort " was partly shut to ; whereupon captnin D'Orsonncns called out to the remainder *' of the party who had been left in the boat with Fouche, tu advance, which they " immediately did, and rushed into the fort ivith tlieir arms in their hands, hallooing " and shouting; tlmt Uic said captain D'Orsonncns was himself armed with a " pistol and sword; that immctliately afterwards they saw the said John M' Donald •' drained out of the fort in a violent miumcr by two of the mcu of the late regi- " ment De Mcuron, who were known to tlietn by the luiiitury dress ami appointmeiits " worn by tlie whole of the armed force, although not in regular uniform ; that a " few minutes al'lcrwurds they went into tlie fort, where they saxv tlw men of the " late regiment De Meuron running about in dill'erent directions, but perceived no " attempt on the |., - of the partners of the North- West company to make any " resistance ; that in the area of the said fort, tiiere were two small cannon, which " they had frequently observed before, but had at no time seen them loaded, and *' do not believe they were so at the i)eriod of the fort being entered ; tlmt these " cannon were taken possession of by the niun of the late icgiuicnt De Meuron, and " were actually moving into the middle ol the h(|uaie at the moment of their on- " tering ; that on passing them shortly afterwards, they had occasion to observe " some irregularly made cartridges laying 011 the carriages, or near to the said " cannon."
Mr. Bramby further stotes, "that at the time the said John M' Nab advanced " from the boat to tlie gates, he had in liis hand a paper;' and Mr. Missani also further state?, " tlmt at the moment tiie men of the late regiment De Meuron were " called forward, he was faced towards and liMiking at tiie gates of the fort, and •' that he observed that the leaf of the gate which had been partly shut to, was still " in an obli(iue position, and not yet in the position it would occupy when shut, and " that the otlter \e«( did not api^ear to him to be at all moved from its jilace when " open, and certainly was not so to any material degree."
The deposition of Uoliert Livingston, filed before me (No. ^41,) has been much relied u|H)ii, us proving the previous intentions of the |mrlies :— lli; stt\les, " that ho " wu» engaged as an agent tu the Earl ol Stikirk in the early part of i8i(), and that, " in July he proceeded from Nattuwasaquu liarbuur, hi Lake lluion, in chingu of " a division of cauocs; that being arrived at Puiut dcs (Jlticus, ut the eiiti.mceuf
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Lake Superior, they met captain Miles M'Donnoll, tvlio informed tlicm of the Inrfoiqirf battle at Red iUver, and tlie deatruction of the colony there. On the ensuing '" Sir J. c. siitr- day the Earl of Selkirk informed him, that their roate must necessarily l)e changed,^"."""'*' "/ ^l"''' and inquired if he had any objection to proceed by the way of Fort William, in- Mrycoltman'g* stead of tliat of fund du I^ac, by which he was originally enj^aged to proceed with Report, &c.
his brigade of canoes, manned entirely by Canadians ; to this proposition he gave ^- — ^,' '
ito immediate answer; but afterwards learning from the officers of the late regi- (isibAuguat iSifi.) ment Dc Meuron, who accompanied his Lordship, that in their opinion it would bo proper for him, on his arrival at Fort William, to call upon such of the North- West partners as were magistrates, to assist in arresting and bringing to justice the persons accused of the murders un Red River ; and in the event of their not cor- dially joining therein, to take other measures to obtain justice; and hearing captain d'Orsonncns in particular declare as his opinion, that it would be propci*' for his Lordsliip to seize Fort William, and hold it as an indemnity for the injuries done bim ut tlic Red River, he determined to quit the party ; remarking to the said officers, that tliose who had least to do in such matters would be best off; and that he should not like to be witness to matters which might perhaps require him " to proceed to England, and keep him years from his business, or words to the above " cffi^ct; accordingly, the next day, from thasc causes, and foreseeing that it would " be impossible to cumplci.c the journey to Red River, and return the same season, " according to his original agreement, he asked his discharge from Lord Selkirk, " which was granted with some reluctance. "
Ou behalf cf the Earl of Selkirk, on the otiier hand it is stated, that the taking possession of Fort William was a measure of precaution, necessarily arising from the conduct oi the up|)Uiiite party ; the facts, in support of this statement, have been chii'dy brought before me by John Allan, the medical attendant, and evidently one of the conlidential advisers of the Earl; who in his deposition (No. 280) states, that in consequence of affidavits before his Lordship as a magistrate, respecting " the " conduct of tlie partnera of the North- West company, and the part they had taken " in procuring and abetting the murder of (lovcrnor Sempic, and others ; and in " tite destruction of tlie settlement at Red River, and other crimes ; the Earl of " Selkirk, after having taken a number of depositions, which occupied great part " of the i-Jth and 13th days of August, issued a warrant for the apprehension of *' William MHJiUivray, directed to Jdm M*Nab and Donald M'Pherson ; with " which, about three or four o'clock in the afternoon of the said 1 3th August, they " proceeded to Fort William ; that they soon returned with Mr. William M'Gil- " iivray, accompanied by Mr. Kenneth M'Kenzie and Mr. .lohn McLaughlin, two of " hiii pai'tncrs, whose name!) were included in another warrant which his Lordship " had issued against divers partners of the North- West Company ; and which he " iuuitediaiely put into the hands of the said M'Nab and M'Phcrson to be executed. " Tliat the said M'Kenzie and M'Laughlin were consequently detained for exa- " miuution. That immediately altorwards the Flurl of Selkirk issued another war- " mi>t, addressed to P. Dodct O'Orsonnens and himself, which, after reciting that " there were good grotmds of suspicion, that a traitorous conspiracy against the laws " and government of our Lord the King, hud been carried on by the company of " mcrchuuts known under the name of the North- West company, or at least by ■' several persons, partners of the same ; required the said D'Orsonnens and hini- " H-'lf, or wlliir of ll>cm, to rep lir to the Fort or trading post of the company, called " Fort William, and there (in presence of one of the chief clerks of the said coni- " pany) to seal up all pupiTA wliii-h might be found therein, belonging to the said " company, or to WiUiuni M'Ciillivray, and several others whose names were par- " ticulurly and res[)ectively mentioned in the said warrant, and to secure the same ; " and also to secure all arms und warlike stores which might be found in the snid " Fort." Of this warrant Mr. Allan annexes a copy marked V. to his deposition, iind sUttes, that he should have declined the <luty imposed on him by the same, to the due fultiimeut whereof he lelt incompetent, " if he had been in a situation where " the niagistrute migiit have had a choice ofpersonuto perform it; and if he hud " not believed it his buunden and moral duty, as a loyal subject, and as a Christian, " to giv« his aid, when lawfully required, tor l>ringing to justice persons who had " iustigated and procured the murder of tl»eir fellow subjects. That in virtue of " the suid warrant he did repair to Fort William atoresuid, ncconipanied i y the said " P. Dodet JJ'Orsonnens, Alexander Bridport Hecliir, Esq. of the royal navy, " and a Mr. Fouchc, kte u lieutenant in the regimcitt l)e Meuron. That at the ,'j!>4. " same
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Inrlosure " same liiiic aiiulhci' boat proceeded to Fort William, conveying tiic said M'Nul) in Sir J. C. sher- " a„j .M'Plierson to execute the warrant uhove-nicnlioned, lor the arrest ot tlic other July iVi8° vw. " p8't'i<^^''s ot the Ncrtli-Wcst CiHnpany tiicn tlierc ; that on landing opposite tiic Mr. CoUm'an'*' " gate of the Tort, he, with the five others above-mentioned, proceeded by thcm- Report, Sic. *' selves, and most of them without arms, from the boats to the f^ate ; that at the
^-— ^ ' " same time there were arms in the boat under cover, and witii directions not to be
(iSthAugustiSiti.) " exhibited; and that the assistants should not stir from the boats without orders, which were to be given only in case the execution of the warrants should be opposed. Tliut at the gate of the Fort the said M'Nab, with the warrant in his hand, proceeded to arrest, in the King's name, J<>'>n M'Donald and another person ; and was, in like manner about to arrest the others named in the warrant, when it was demanded, and lie was accordingly l)eginnin^ to read it, hut was in- terrupted immediately by the said John M'Donald, who said, we don't know such things here, and we will not allow so many people to come into the Fort, or words to that etlL'Ct. That he also heiud the said John M'Donald, or some one near " him, say, we'll submit to no more warrants till Mr. U'm. M'Gillivray, and the " two gentlemen with him, were brou<;ht back ; that at the same time Mr. Alcx- " ander IVPKenzie (commonly called the Emperor) and John M'Donald. assisted " by a crow tl of persons, of whom several wore side arms, attempted forcibly " to shut the gate, and in so doing pushed the said M'Nab and M'Phcrson " back from within the threshold ; that thereupon the said M'Nab requiring '* support, the said D'Orsonnen3 called " Wilschy, Witschy," to a person " of that name, and desired him to come with the men out of the boats to the " assistance of the persons charged with the warrant. That the gate was all but " completely closed, in spite of the exertions of the said D'Orsonncns and others, " who by pushing were endeavouring to prevent those vvithin from completely " fastening it, when the men, who till called upon had remained in the boats, coming " with their arms, instantly pushed up the gate, 'i'liut at tliat moment he observed " a crowd of people running from behind the gate into dilVcrent parts of the fort, and " two of the men took the said M'Donald by the collar from within the said gate, and " conducted him to one of the said boats; that at the same time one of the men " unexpectedly blew a bugle at the gate, and in a few minutes afterwards I'rederick Matthey, ]ls(]. formerly a captain in De Meuron's regiment, supposing that further assistance might be rc(|tiircd to.support the execution of the warrants, came from the encampment of the Karl of Selkirk, with about thirty men. That l)eforc the arrival of tiie said Matthey, himself and others, with warrants, had entered into " the square of the fort, and proceeded to put the warrants in execution, the said " D'Orsonncns having secured, in the middle of the square, two small cannon " belonging to the fort, which previously stood near a buiUling fronting the gate. " That tlie said Matthey, on his arrival at the gate, finding that no further resistance " was expected, sent tlie men back to the other side of the river, as he understood, " without causing them to go into the fort, while he him^^elf came in to see what was " passing. That the warrant for the arrest of the prisoners having been submitted " to, he showed them that witli wiiich lit- and captain D'Orsonncns were charged as " before-mentioned, and requested thim to nominate one of their chief clerks to be " present at its execution, 'ihat after a little deliberation they mentioned a Mr. Robert " M'Robb, as a person whom they wished to attend for this |)urpose, an<l himself " and the said D'Orsonncns, accomimnied by Mr. Ikcher aforesaid, immediately " proceeded with the .said M'Robh to an apartment, called the Ollice, where they " were joined by Mr. Jasper V'andcrsluys and Mr. .John M''l'uvisli, two other clerks " of the North-West company. That tlie said D'Oisoniicus inquired of the said *' clerks, where were the arms belonging to the company; whereupon tiie said M'Hobb, " taking up a large |)ole, with a broken ^myonet at the end of it, which stood in the " corner of the otlice, said, ' We have no uniis in the fort ; this is all the arms we " have.' That himself and the said DOrsoniH.iis tlien jjroeeeded, still accompanied " and conducted by one or more of the said clerks, to the rooms of the indivitkial " |)iisoners, and had only finished putting seals on a ciisselte, containing papers, in *' the room of the said William Al'Ciillivray, and on a drawer in the room of the " said Alexander M'Kcnzio, when the iiartiiirs who had been arrested returned from " the encampment of the Karl of Selkirk, having been permitted so to do (as he was " iiil'ormed l)y the aloiesaid Maltiiey, who, us he iindeistood, had been there, and " had accompanied llicin back,) upon tiieir |>roiiiise that tliey would occupy their " own apartments, and attempt no resistance to the exieulion of the warrants; tha " he tl)eicu])on expressed to the said .Matthey his regret at their having becnallow<d
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to return before the 8enliiij» of tlicir papers was concliideil, l>ecause tliey coutd now Imlosur* destroy them before tliat could be done. Tliat tlic said D'Orsonnens and liiniself j" Sir J. c. sli«r- still continued to go to the different apartments, pcncrally in presence of tlie juu^ ,Vi'«; viY. occupiers themselves, to seal up the ordinary repositories of papers, and, when Mr. Coltm'an's' arrived at the door of the aforesaid John M'Donald, found the same locked, and, lUport, &c.
upon asking him for the key, were told by him that his little girl had run off with it, ''— -^ ' ^
upon wiiich he went to execute the same duty in another apartment; and on ('3'hAuguiti8i6.) returning again to M'Donald's, lie opened the door, when the desk therein was found standing open, and entirely empty, which at once excited suspicion (as the said McDonald httd not before stated that he had no papers) tliat the same had just been removed, and he understood next morning that his suspicions were just, from the information of one Paget, who stated before the Earl of Selkirk, on oath, that he hud Imrnt a. quantity of papers at that hour in the kitchen-fire, by order of tlic said John M' Donald, who had delivered then to him for that purpose. That he was also told by the said Alexander M'Kcnzie, while still continuing to put seals m before, that he (M'Kenzie) would break the seals which confined his papers ; upon whicii he told iiim he had better not, and shortly afterwards repre- sented to the said Matthuy tiic inutility of affixing seals, unless some stronger measure than a piece of wax were adopted to prevent their being broken. To which the said Mutthey replied, that ttic Earl of Selkirk, as a magistrate, had allowed dieni to return to iheir own apartments on their word of honour, and that to kec|> a person to watch in them, under such circumstances, would be too harsh a proceeding. That before he had finished affixing the seals it was near eleven o'clock at night, and as the Earl of Selkirk had placed lii» reliance on the promise of the gentlemen underarreJ, that no violence should be attempted, himself and said D'Orsonnens agreed to defer the search for arms, and the removal of the papers from the fixed desks in w Inch most of them were kept, until tlic next morning, and accordingly went back to the Earl of Selkirk's tent to desire his advice ; but before his arrival the said Eurl had retired to rest ; that he tried to sfieak to him, but finding it difficult to wake him, determined to wait for further instructions till next morning."
Several of the principal facts contained in the foregoing statement, particularly that of the attempt at resistance to the execution of the warrants, are confirmed by the depositions of Peter Montgomery, Jacob Witschy and Proteus Dodet D'Orson- nens (Nos. 281, 283 and 286,) particularly by that of the last, who states, "that " Mr. M'Nab, with the warrant in his hand, arrested in the King's name, John " M'Donald and Alexander M'Kenzie, wlicn they demanded his authority, and as " he «03 beginning to reftd the warrant, they shut the gate forcibly in his face, and " pushed him outside the threshold with considerable violence, themselves withdraw- " ing within the gate, and saying, they knew no such things as warrants in this " country, and would not submit to any till Mr. M'Ciiliivray and the other geiitlc- " men returned ; that one-half of the gate was quite shut, and the other nearly so, " when he interposed to prevent it, and Mr. M'Nab asked him to assist him, upon •' which he called to the men for support, who till that moment remained as they had " betJi desired, in the boats ; that they seizing their arms, instantly rushed to the •' gate and forced it o|)en ; that after the gate was open, he addressed John M' Donald, " telling him, lie ought to submit peaceably to the warrant, and received for answer, " that he would only sul)mit at the lust extremity, and there would be bloodshed first, " callingout aloud at the same lime, "make haste, make has' ," whereupon conccivim* " that liio people whom he saw running inside the fort, were prepaiing to make " resistance, he immediately caused John M'Donald to be seized, and conducted " by force to one of the boats, to prevent the bloodshed whicli he threatened." Jacob . Witschy, in his deposition, details what took place respecting the two cannon, which he positively says, were found unloaded, and were not at the time loaded by thciii from want of aniiuunition, and because he had received no order to do so.
On evidence so opposite as that of the two parties, and delivered on both sides by persons of apparenlly fair character, and which it seems impossible to reconcile by any reasonable allowance for tlie general confusion of the scene, the only proper course appears to be to suspend all opinion till the matter can be decided in open court, w ith all the advantages of lira voce evidence, and the confronting of the oppj- sitc parties.
:M-
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ai4
PAPERS n i: L A T I N n TO THE
Irirlmurfl in Sir J. C. Sher- liHHilie's, of'joth July 1<|8 ; viz. Mr. t'liltnisn's Kepiirt, ttc.
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Mr. XrOiHiviay states in liis deposition (No. a.li,) that "Cnptain Matlheycame into the fort in liis nniforni, at tiic head of a hotly of men armed with muskets and fixed bayonets ; pentinels were pliiced at the hall iloor (soldici's of the 37tli rcpimcnl,) and in different parts of the fort; Mr. M'Gillivray entered a solemn protest ajjainst the armed force coniiii;» into the ft)rt, and delivered the same in writing, sii»i1dd by all the iinrthers of the North- West com|)nny, then prisoners, bntlici4tti August " into the hnmls of the Knrl of Selkirk; pixnesting a;;ninst hiin, ajruinst all the '*'^' " officers by niuiic, and unuinst all concerned ; his Lordship said he would take the
" responsibility; Mr. M'(iillivTAv then asked, whether it was hh intention to impede " or put a stop to the business ; )ie said, not to the lawful or le^al business of the " Noith-Wcst company ; Mr. M'(ii!iivri\y u |>lied, tiiere was no illegal business car- " ricd on by the Korlh-\\'e»t compimy; his Lordship said, upon that there might be " a difference of opinion; Mr. MHiiilivrny asked the meaning of thus taking mili- tary possession of the fort; lie was answered, they intist take measures for their own defence, as they had been informed that arms and ammunition had been conveyed out of the fort in the night, and that several canoes had been sent off; (this was positively false ;) true, seventy or eighty Lidian fusils had been placed in nn outhouse, and eight ktgs of powder had been carried out during the night, on a supposition, that wlmt was in the fort of these essential articles, might be seized, which appeared probable from the proceedings of his Lordship ; the " fusils were found and taken away by order of Lord Selkirk during the day. " Mr. M'GiHivray then informed the Karl, that he and Mr. Kenneth M'tvenne, the " other agent of the North-Wdst company, had a])pointed the clerks in their different " stations, to go on with the business ; he asked their names, and e.vpressed great " satisfaction that there had been so many to take charge of the business; he then " requested Mr. M'Gillivray to show him into some empty room, where he might " examine witnesses, and intimated, that all the prisoners should confine themselves " to their room-, to be out of the way of the evidence, and tlrnt servants should *♦ convey them their mcids. After the partners retired to their rooms, an armed " sentinel, with fixed bayonet, was ])laccd at etftrh door ; and a few hours after they " were ordered by Mr. M'Nab, on the part of his Lordship, to one house, until their " examination should take place. His Lordship then ordered all the canoes (filteen *• of which were ready to start for tlic interior, «+ith coods for the raitives) to l)c *' sent into the fort, which was done by the men; he then ordered all the North- " West company's hicn to leave their camp at each end of the fort (the usual " places,) and immediately to cross the river, which they did ; he demanded the " keys of the stores, which were refused, upon which he bljserved, that he would " find keys, and that very sOon. At night, a general search, imder a warrant from " Lord Selkirk, was made in all the rooms in the fort for small arms, and all the " trunks of the prisoners searched for papers, pistols, dasycrs, &c. which were taken " away ; Dr. Allen, TVIr. M'Nab and captain l)'C)rsoimens were the persons making " this search ; some men witii implements to break doors, &c. accompanied them, " and one door was actually burst open." Several of the principal circumstances mentioned in the above statement, are confirmeil by various other depositions (Nos. 242, 243, 24-,, 246, 2j-,3, 254 and 270,) filed on the part of the Nortli-West company; and the accounts thereof rontuined in the depositions (Nos. 280, 281, 282, 283, 284 and 28(')) filed on behalf ot the Farl of Selkirk, are nearly similar in substance, but state tiie follow iug circumstances, which are dwelt u^)on as show ing the necessity of the subsequent measures adopted.
That the seals in the rooms of Alexander M'Kenzic and .Tohn M'Laugidiii had been broken; that a quantity of papers liad been burnt at the kitchen lire; and that part of the guns, Which had been found eonc-ealed in a huy-lott, were loaded with ball, and had apparently been fresh primed the night |)rccedin!;. After th^ae dis- coveries, it is stated in the depositions of P. Dodet D'Orsonnens (No. 28O1) that " their tents were removed from the opposite bank of the river, and piiched in front *' of the fort; and the servants of the North- V\'est company, wiio had previously " been encamped all around the fort, were sent to the opposite bank oi' the river, " except the Irofpiois, who were coiisidorc.l least under tlic control of the North- " West company, having |)0silively refused, as twnof theni'toid himself, in presence " of captain Loiimier of tiie Indian department, to make use of loaded arms, which " they had been pressed by lln<Th .M'Gillis, a partner, and some clerks, to employ " against the persons charged witli the warrants."
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|i the
ppetle If the
This lost mcntiunod attempt at resistance (tiio only specific ciiur^c of this nature, Inclosure dxcept that alleged agtiinst Alexander M'Kcniiie and Joiin iM'Doniiid, at the nionient >•' Sir J. C. Sher- of entering the fort a8 already mentioned) is also stated in the deposition of Joxcpit juu iVi^'^viz^'' Sans-facon (No. .i8,3,) a voyageur, engaged to the North-West company, but wlio Mr. Coltman's* left their service, and entered into that of the Earl of Selkirk after the capture of Fort llcpnrt, &c. William ; he depo&es, that at the moment that the persons charj^cd with the warrants against the Nortli-VVeit partnert), arrived for the purpose of executing; them, one uf (!>4tl>Augniti8i6.) the partners of the said company, Hugh ArGillis, came out of the fort, culling out to their servanta, " Aux armes,aux annes;" and finding they would not take u|) nrnis, he called them a parcel of old wouien ; that aliout the same time one Jean Muric lioucber, also endeavoured to make thtni take u|) arms, but could not induce the men to resist the arrest ; that the next day, or next day but one, he saw a quantity of arms brought into the fort, which had been hid in a hay-lolt for the purpose, as was reported by several of the servants of the North-West company, of furnishing anns to the Iroquois to attack the Earl of Selkirk's people. Louis lilondcan, another voyageur, who also left the service of the North- West company, and engaged in that of the Earl of Selkirk, states in bis deposition (No. 284,) that having learnt, during the night, the concealment of the arms, immtdiately next morning he wrote a note to Lord Selkirk, containing information that arms were concealed in tlie hny-loft ; that I^rd Selkirk on receiving the note, immediately came to sec him, and took bim by the band, squeezing it, and saying be bad rendered him : service, and saved bim trom a great danger ; that tlicrcupon the Earl of Selkirk gave a search warrant for the arms, which were found, and that afterwards the Earl took possession of I'ort William ; be fiu"- theradds, that he firmly believes, from the violent and sanguinary character of several of the partners of the North-West company, and others of their people, then at Fort William, and from circumstances which have come to his knowledge, that neither the life of Lord Selkirk, nor those of his people, would have been in safety, if lie bad remained in the meadow where they bad at first encamped, but that the said Earl, and those with hini, would have run great risk of being massacred like the people at Red Oliver, if he bad not iinmcdiately taken possession of Fort William ; and that be has since lieard several of the North-West company's servants say, that the arms had been bid, in order to afford them the means of destroying those people who had charge of the prisoners in the fort; and that afterwards Loixl Selkirk, being encamped with bis people iu a meadow, it would be easy for the people in the fort, being more numerous, to attack and destroy those of bis Lordship. John Allan annexes a copy of the second search warrant, issued by the Earl of Selkirk, to his deposition (No. 2S0, letter G.) but by the terms thereof, it appears evidently that it was not issued till after the arms bad been found ; Mr. Allan further states, that be was occupied almost the whole day, in making dp into parcels, and scaling the pa|)ers which remained un- burnt ; that this was done in the presence of the said Vandersluys, who took memo- randums, as he hod also done the day before, of all that was done, and while he aflixed the seal of the magistrate on the said parcels, the said Vandersluys affixed *' another seal thereon on behalf of the North-West company ; that after this, the " said parcels of papers, together with the arms belonging individually to the partners " under arrest, on wbicli were lied labels with the names of those in whose possession " they were found, were placed in a room by themselves ; that subsequently a selec- " tion of papers was made from the great number in the desks of the public office, " or writing room, which being made iiito parcels were in like manner sealed up, and " were sent with the rest to Montreal under charge of Archibalil M'Donald, where " he has understood tiicy were received and opened by the proper authorities, but *' that the Karl oi Selkirk did notexmnine tlitiu." With regard to the mode in .which the arms found in tlic hay-lolt ueio ultinmlely disposed of, the evidence is con- tradictory, and not very clear on either side ; at the same time, as it was on this occurrence and the circumstances iherevvith, that the warrant for felony agaiii^it the Earl of Selkirk was obtained from the magistrates of the western tlistrict of L'^pper Canada, the subject has naturally formed an object of my inquiry.
On the part of the North-West company, Robert M'llobb, one of their clerks, in liis deposition (No. 245) stales, " thai when Fort NVilliam was taken forcible pos- " session of as aforesaid, eight of the North-Wcsl company's canoes, destined for " the interior country, were then ready to receive their loading for the purposes of " trading ; that foreseeing Lord .Selkirk would not permit the said canoes to dei)art " with the usual arms and anuiiunition on board, he assisted in conveying out of the " fort, forty Indian fusils, in four cases, and as many more to be put into four other 584. cuna;
1x6
PAP K US U F, L A T I X G TO T II V.
loelotnre in Sir J.C.SIifr- 'iimiki-'s, of 'jolli .tgly lAiR; VII. Air. Collnmn's ileport, &iv
cases ; nnd eight kegs of punpowdcr were also c-.'iviiycd out of the fort, in tlw course of the evening of the thirteenth day of Au)(ust, eighteen liundrcd and sixteen, fur the sole nnd only purpose of Itcing put into the said canoes, as part and usual proportion of siiid loading ; " and he further adds, " that prior to the capture of Fort William, no preparation hod been made to defend it ; and that during his siny in the siiid fort, up to the third day of September one thousand (Hib/uguiti I 0 „ ^j^i^j hundred and sixteen, no preparations whatever liud been made to recap- " ture it."
James Chisholuie M'Tavisi), anotlier clerk of the company, io his deposition (No. ■^40) states, that ut the period Foit William uus forcibly taken possession of, " there were eight or more cnnoes destined for the departments of lied River, " Bus de la Riviere, and Lac la I'luie, rciuiy to receive their loading, as customary " for the pur|K)ses of trade, and that it being ii|)prelieniled from the previous conduct " of the Earl of Selkirk, tiint he would not allow the usiiial supply of arms and om- " munition to go forward, although little or no apprehension was then entertained of " his stopping the trade, altliough he himself assisted in conveying out of the said " fort, four cases of arms, such us usually contain ten trading guns, and depositing " the same in an out-building, for the purpose, if necessary, of shipping them by tlie " said canoes, without the privity of the said F^arl ; that he hus also been informed, " that a quantity of gunpowder had been removed for the same pur|H)sc ; that the " said arms and ammunition were about the usual supply sent with the canoes afore- " said, and were by no means intended to make any resistance to the proceedings " of the said l-2arl of Selkirk, as a mogistrate ; that a part of the guns were loaded, " a circumstance not unconmion with those guns which are shipped louse in the " canoes ; that on the fourteenth day of August (lieing the day following,) the said " arms were discovered and seized, nnd he saw the same conveyed into the said fort, " by part of the armed men of the late regiment Dc Meuron ; that the four cases he " saw some days after at the guard-house established by the said armed force, under " one of the provision stores." lie adds, that the whole of the said guns " were " kept forcible |)ossession of by the armed men aforesaid, and were not ever placed " with the arms which had previously been seized under the warront fur searching " for arms and pa|)ers, of which a regular account bad been taken in the presence of " Mr. Jasper Vandersluys, or other clerks of the North-West company ; nor were " the said guns ever subrcquently delivered over or accounted for, to the said Jas|)cr " Vander.4uys and himself, who had been Jointly authorized, with the acquiescence " of the Earl of Selkirk, to take charge of the property of the North- West company, " on the arrest of the partners, amongst which pro|x;rty wos a considerable quantity " of other anns ; and that he afterwards saw some of the armed men of the late " regiment De Meuron, with similar guns in place of the niusquets and bayonets " whii'li he had previously seen in their possession." And he further adds, " that at " no time previous or subsequent to the capture of the soid Fort William, up to the " 4th day of September inclusive, w hen he left the same, was any attempt at resistance *' or movci'^ent for the recapture of the said fort, made by the North-West company, ;" or any c- tneir partizans."
Pierre Lc Blanc, J. B. Masta, and Vincent Dauphin, in their respective de|)ositionB (No, 217, 248 and 249,) depose to the seizing, taking nnd carrying awoy of the guns i (lucstion by an armed force ; and the two former add, that they saw several .jjersons in the service of the Earl of Selkirk, with fusils, which they certainly believe to have been part of those so seized, taken and carried away ; that the said persons told them that the fusils which tliey had, were those which had belonpid to the Nortli- West company ; and Mr. M'Ciiliivray, in his deposition (No. 2,')i) states, that on the 1 6th August the fusils in question were taken out of the fort into his Lordship*s camp.
On tlic part of the Earl of Selkirk, John Allan in his deposition (No. 280) states, that the arms in question, as he " has Ixcn informed, were put into the custody ot " Serjeant I'ugh, and afterwards removed into the fort, with the other warlike stores." Peter .Montgomery, in his deposition (No. 281) status, that he cannot say how the •■iises of guns or loose arms were ultimately disposed of; but that he saw the said cases lie for sev( rul weeks attcrwanls, apparently unopened, under one of the stores. And Jacob Witschy, in his deposition ^No. 2S2) states, that the day after the arrest of the North- West partners, he saw forty trading fusils brought into the fort, which were loaded with bull, and had the aitpearance of being newly loaded ; and that they were
placed
1 the
and
part
the
that
isand
ecap-
nED mVER SETTLEMENT. • 217
placed in the pmrd-hoiisc within the fort. Timt there were also four cases of fusils, luclommt
which were not opened, 'liiat the next day or day id'tcr, tiic forty fusils before-men- j" Sir J.c.sher-
tioncd were curried to the tent of the 37th regiment, and that he saw ihem for several j,",']'" *g'|g'! \°^'
days afterwards in ciiurgc of tlie men of that rc{;imcnt ; thnt the four cases of arms Mr. CnitnWt
were placed at the entruiice of the fort, nnder one of the stores raised on posts, whicti lleimrt, &c.
stand near the gate of die fort ; and that he saw them there a long time without being ^^ s^ '
oiKMicd, whilst he reniuined ut tlie said fort. ('SthAugmiiSifi.)
John Allan in his deposition, states further, tliat on the 31st December 1817, he arrived with the Earl of Selkirk at Albany, and thence proceeded l)y way of York to Sandwich, where the Karl, captain U'Orsonnens and himself, were examined on the Kith January, before a si)ceial session of the magistrates, who entirely discharged the warrant of arrest, signed by rnini^'ois Uaby, Es(|uire, for feloniously stealing the fusils Bljove-mcntioned ; which warrant had been entrusted to William Smith. Of tliis <lischargc, he exhibited an original copy to me, and has annexed to his deposition, a copy of that paper (marked .M.) lie states also, that " on this occasion the magis- *' trates, on comparing two alUdavits, lioth signed by M'Tavish and Vandersluys, ^.,
" and on one of which the warrant had been issued, declared themselves perfectly «
" satisfied that no felony had been committed. Thnt the said William Smilli " endeavoured to induce the court to issue an attachment for contempt, against the " Eurl of Selkirk; but the mogistrates declared themselves satisfied that the resistance " to the writ of restitution, and also to the warrants, had originated in motives " different from contemot of their authority. That he afterwards gave securities in " small sums, as did also the Eurl of Selkirk, and captain D'Orsonuens, for offences " alleged against them by Mr. Henry Bolton, for the Crown, and by William Sniith " aforesaid ;" of which latter fact he has also annexed to his deposition, the copy of a certificate (marked T.) from the chairman of the quarter sessions. He furtiier states, that although accused of feloniously stealing the said orms, he had never so hjuch us seen the place whence they wCre taken ; and that " Jasper Vandersluys and " James Ariavish, when they took the affidavit, dated the 19th October 181C, accusing the Eurl of Selkirk, himself and others, of feloniously stealing and carrying '•
away 83 Indian fusils, on which the warrant for their arrest was issued, hud a ■■
knowledge that the fusils so sworn by them to have been feloniously stolen, had been secured after a warrant was issued to secure die arms and warlike stores belonging to the North-West company, to prevent their being employed in resis- " tance to the law."
As the occurrences of this day, and the events connected Uierewith, will probably be brought by the parties before the superior courts for decision, it is unnecessary to enter into any detailed observations thereon ; at the same time it may not be amiss to remark how much tiie charges made on each side appear to be exaggerated ; there seems but little reason to doubt, that the cause for which the arms were concealed, is truly stated by M'llobb and M'Tavish ; at the same time the ciri^umstances were such as might naturally create suspicion, and lead to the measures of precaution adopted by the Earl of Selkirk and his followers ; on their part, however, there docs afipear to have been considerable irregularity in the mode in which the seizure was made, and sctnc reason from the evidence to suspect an ultimate illegal conversion, although there is not the smallest proof of this having taken place with the knowledge of the Earl of Selkiik ; an 1 was even die contrary the case, every impartial person would attribute the proceeding rather to a mistaken opinion of right, under the idea his Lordship appears evidently to have entertained, that die violences committed by his adversaries, were to be considered as acts of treason and rebellion, than to any possible design of felonious conversion for his private udvantage. It is easy, however, at the same time to conceive, that the circumstances of the case being stated by M'Tavish and Vandersluys, to their legal advisers, with the exaggeration naturally incident to parly spirit and exasperated feelings, might by these latter, imperfectly acquainted as they were with the state of the country, be hoita fide considered u^ felonious ; and also, that under their advice, M'Tavish and \'andersluys might take the adidavits above-mentioned, witliout being conscious of any criminality attaching' thereto.
Mr. William M'Gillivray and all the other partners under arrest, with the ex- On the iStli. August ccption of Daniel M'Kenzie, were sent off prisoners to York, after having been iSui. examined on the 15th by the Earl of Selkirk, in presence of captain Matthey, ■
584. 3 K captain
m
ill ^ir J. C. Slifr- hrinikrV, n( 'jolh July i!ti8; viz. Mr. Ciiltiiidii's Hi'|i rl, ftc. ^ J
On llif 3d SriUuiuber 1816.
On llie S3J August
S18 PAPERS RELATING TO THE
captain I^mler of the Indian department, Mr. I)oct<«r of tite royal navy, Mn John M'Nnb and Mr. John Spencer, on the charges iicrciubetbre detailed.
Mr. M'iiliam MTiillivray. in his deposition (No. a,*?!) statM, "the canoes in. " tended for himself and Air. Kenneth M'Kenxie, nlthoiij»h ncurly lini.slicd, wxtc " refused, and crews of Iroquois were appointed in plucc of those usually employed " for the eunocs of tiie agents; that his own body servant was not allowed to ac- " company him, under pretence that hc must nnder|.'o an examination ; that the " caiux's were very muili loaded and embarrassed with people; .Mr. Kenuctli M' Kenzie's had twenty-two grow n persons on hoard, and bcinjj; rather .smaller than the others, filled and upset in a gale of wind near St. Mary's, on the jGtU day of August, when Mr. Kcnuclh M' Kenzic and ciyht of the men were unfor- tunately diowned."
The circumstances above statcil by Mr. M'Gillivray, arc still more fully detailed in the joint deposition of John M' Donald, Allan M'^Donnell and Daniel Xl'Kcniie (No. itiy.)
John M'Gillivray, a imrtner of the North-Wcst company, win sent down under a warrant of eonunitment to York in custody, as John Allyn in his depositiuu (No. 280) states, he understood of Lieutenants Missami and Draniby. Ti»e par- ticular facts which led to this eonunitment, have no where been stated before me, nor from what cause he obtained his lil)erty, and has not since been proceeded against in any siiape. Mr. Allan states indeed, that he (John M'Gillivray) denied oil participation in criminal designs or attempts against the colony ; that he refused to say he had ever objected^ to the expenditure of tin; i ompany's money, occasioned in |)rotluciug tlx; destruction of the colony ; but stated, that any objection or protest of his as an individual, would have but little weight ugain!>t the measures approved by the concern in general ; that the papers found in his canoe were taken by a war- rant, scaled up, as others had been, without examination, and set apart to be sent to Montreal.
All tlie clerks of the North-West company, with tlKJ exception of Messrs. M'Tavish, Taitt and Kennedy, Ictt Fort Will Imti, «s did Mr. M'Tavish, the day after; the latter having previously requested Mr. Allan, as stated by tlie latter in his dejwsition (No. 280}, to accompany him to the North-West company's office, of which they jointly sealed up tiie keys in a small box, which was delivered to Mr. Taitt, whom .M'Tavish left in clmrgo of the North-West company's property. It is stated on the part of the North-West company, in the deposition of the said M'Tavish (No. '240), that from the 14th day of August to the 4lh day of Scptcmb>!r, " the Earl of Selkirk remained in the forcible (losse.ssion of Fort William, and a(t " the buildings, goods, peltries, furs, provisions and moveable property of every " kind therein, belonging to tlie said Nortii-West company, and prevented the said " North-Wcst compiiny, their agents, clerks and persons in their employ, to the " number at leint of two hundred and til'ty, from transacting the business of tha " saitl North-West company, jiositively refusing to allow them to send tlieir goods " into the interior of the country, lor the purpose of their trade and commerce, or " to send their furs or peltries tlown to Moiitreid aforesaid, the wlioleof tlic said " property of the said Nortli-V\ Cst ccjmpuny, being from the time the said Eurl of " Selkirk entered the said estiil)lLshmcnt ot I'ort William, entirely at his disposal ; " that the goods in tlie said ibrt, belonging to the said North-\Vc.sl eumfmny, were " of the value of twenty ihousund pounds of .sterling inuney ot (in at llritain, and " upwards ; tliat the said peltries and furs were ot the value of seventy thousand " pounds of sterling money aforesaid, and upwards, and that tlie said provisions " and moveable propertywereofthe value often thousand pounds. sterling money afore- " said and upwards; that on tlie l.i^th day of.Xugust last past, at I'ort V\illiam, tlie said " captain .Mutthey tuld him in the |)rei>ence and hearing of the said F/.irl of Selkirk, " that the soldiers, meaning the aniied men in the uniform of soldiers, in the service " of the said l",arl of Selkirk, on hearing the fust report of a gun or pistol on tlie out- *• side of the fort from a Canadian or Indian, would most certainly revenge thcin- " selves on the prisoners, and |)erhaps on him.self(tiie said M'Tavish), and as they " had been trained and aecustomeil to bloodshed on the Continent, they would stick " at nothing ; that on the 1 7th day of tiic said month of .August, an olficcr w ith an " armed sentry took him before the said Kail of Selkii k, who ordered him to pn-pare " three canoes, with the usual provisions for twelve passengers ; tiiat in the night "of the day last aforesaid, a man of the name of Landrioux, iu the service of the
" said
Mn
•UrD RIVER SETTLEMENT. tig
'^' «nid North-West rompniiyi was tnkon up und confined in llio pmrd-hoiiso, by fnrIo«ur« " unned men in tlui sfrvice of the said Earl of Selkirl<, for m;ltin!» out of bed after j" ^" ■]• ^f^J''*'/ " ten o'clock at nipht; tliat o»i the 2Jtl of tlw »ttiil uionlliof August, moiik; of tlic jX ,'g*i'g" via. " mm in the service of tlie said Earl of Selkirk, entered one of the saiti buildin^^s of Air. Cnlitilun'* *' the sai<l North-Wcst company, employed as u car|Mintcr'rt work-shop, and there llfpofti l^c-
*' took tlic wo(kI and tiinl)Cr lK'l(jnginf» to tli<; said Norlb-M'rst companv, for the ^^ ~^
" pur[K)sc of making carriB<{es ; that he called on the naid Karl of Selkirk, in his ('''' ^•'I''«">''«r " capacity of a magistrate, and represented to liim the conduct of the said men in ' ' " taking the said ^vood and timlter, and ulso the conduct of tlic men in the service " of tlie said Earl of Selkirk in other respects, and a>kid redress on Inilmlf of *' the suit! North- West company; that tlie said Eurl of Selkirk told the dc|)onent -" that lie would not interfere, that itc would not cndim^^er his life to |)rotcct tlic " property of the North-West com|)any, and that he did not know whether "*' the soldiers would oln-y him if he told them to desist ; that on the day last <
" aforesaid, a canoe arrived at Port William aforesaid, with dispatches for the said " North-^^'e»t company, among which dispatches were several copies of the •" proclamation of His Excellency the CJovcrnor of the said province, of the i()tli " day of July 1 8iC ; that the said dispatches and proclamations were taken by ihc said *' Captain Matthcy, by the orders of tlie said Earl of Selkirk, and kept and detained " by him ; and notwithstanding his representing the necessity of forwarding the said " proclamations to the interior of the Indian country, and clTcring to forward them, " the said Earl would not |)ermit tliem to be forwarded } that on the 23d day of " August, tiie said captain ^latthey, in his presence, told one Jasper Vundersluys, " one of the clerks of the North- VV'est company, who had some dispute with tlie •" soldiers respecting the key of the carpenter's shop, which tlie said Jasper Vandcr- " sliiys refused giving up to tliciii ; that he (meaning the said Jasper Vandersluys,) *' liad better leave his (meaning the said captain Mattliey's) men alone, for that one " of them told him, that lie would take an axe and ba'ak his skull, and if the row " once commenced he did not know where it would end, perhaps in bloodshed and *' burning the fort; that from the 20th day of August to the 4th day of September, tlie "' day on which he was sent from Fort William aforesaiil by the said Eurl of Selkirk, " the said Earl and several of his men were tampering with the men in the service of " the said North-Wcst company, enticing and seducing them to desert and abandon " the service of the said North-M'cst company, in which they were engaged by " written conti'acts ; sometimes commanding them in the King's name to perform " voyages to diflfercnt places for tlic said Eail of Selkirk, and at other times, and par- " ticularly on the 2d day of September, the said Earl of Selkirk addressed the men " in the service of tlic North-M'est company, and told them, that he would caned " all engagements, and .stand all consequences; and on the same day one Lctcmps, " a man in the service of the North- West company, was confined in the guard-house " by persons in the service of the said Earl of Selkirk, fur refusing to enter the " room where the saiil Earl of Selkirk was addressing the men ; that he himself " advised the men in the service of the North-Wcst company not to break their " engagements with the said North-West company, or sutler tiicmselves to be " seduced from their duty ; that in consequence of this the said Earl of Selkirk " accused him of receiving stolen goods, and on the said 4tli day of September sent " him down to Montreal without a warrant ; that the said Eurl did not examine him " respecting any charge whatsoever against him, and that he verily believes that the " said Earl made use of \\h ull'.cc and authority of Justice of the Peace, to send away " himself ond the other clcrKs in the service of the said North-Wcst company " from I'ort A\'illiam aforesaid, because they advised the men in the service of the " said North- West company not to break their engagements, or sutler themselves to " be seduced from their duty." '1 he genernl tenor, and iiiuny of the circumstance* contained in this statement, are confirmed by the depositions of Lieutenants Missani and llramby before-mentioned (No. 242 and 243,) of William M'Gillivray, and of John i\I' Donald, Allan McDonnell, uiid Daniel M'Kenzie, partners of the North- West company (No. 3,51 and 267,) of llobert M'Robb, William Henry, KicUard Grant, llobert Oowie anil James Taitt, clerks of the company (No. 245, 232, 253, 2.14 nnd 270) and by those of John Spatts, Joseph CJuimerman, Joseph Vandal, John Bajitiste Wells, Jaccpics Lctcmps, Antoinc Colin, William Morrison and Kiichael Chretien, engaged servants of the said company (No. 25.I, 256, 2,';7, 258, 2.59, 2()0 and 278,) particularly ns to the inducements held out to many of them to break their engagements, and the ill-treatment of such as would not do so. By the depositions of Missani and Uramby, it further appeals, that previous io their depar-
»84.
ture,
(:1<I Sipiciiilivr ibiti.; ,
990 ? A p r. n s R F, L A T 1 N c; T O T n R
tore, nboiit tlio sjd Anj^ust, the Eiul ol Selkirk liuil tiikcti up lii» ((iiartcrs nt a Itoiiw fonncily (i(-(:ii|>ii.'(l by the Kiiitlcniun ut the Nurlli-\\'i'<tcoiii|>iiny, Hint thut soiiio ut the KiiiTs |H'u|)li' Hci'c ulto qimrturod in uthcr iipniiimnt!) iiiul Ixiiidin^H within the tort; tliis iippoiirs from tiu! ki-iktuI ttiuir of Mr. Williuiii M'(iillivruv'» di'po!*ili»n, not to luivc hcen the case lili nltir liin ilopiutinc ; and IJuhcit C'owii', in his di-pohiiioji rxpresbly st:)tc.s xuvU In be tiic fact, iiiiU that it waH on or about the ii)th of Auiinxt lliattlie Earl of Selkirk took perxonal possi^aion and coninicnced living in tlie tort; by liie dcpo.'titions of Mr. W'ni. M'Ciilhvray und John M'Donald, Allan M'Donndl and Dunii'l M'Kun/ir, complaints ine made of the .severity with uhich the prisoners uerc treated, in bcin^ removed from their own lud^in^s into une building, and there confined in separate roomi. Of the commnuieation with their clerks and other ter- vunt.s (\»ilh tlie exe«ption of t«o or tiireo allowed to briiiK them ''''''' "i'*!-') l)cin<5 prevented, Me.ssrs. Mi^suni and Brunihy Uinn also told to diseouliiiue their visits, (which however these gentlemen refuned to do unless force was used, but contiueti thcn)!>clvea to two .short visits a day ;) they furllier also complain of the intirni|ttion caused to their trade by their servants bein^ preventeil «vorkini{ u.t ii.suul, particularly the eanoe-niakers, aiul otiier men who hud lodged in the lort tor the purpose of carrying on the necessary work, bein;{ turned out and sent ueros.s tiie river ; und of tho detention of tiieir cunoes fur the inttrior, for whieli the uniform reason said to bn nssijinetl was, tluit the exijjeucies of the business nnist yive way to the course of justice, and thatu tew days wouhl make no ditference; and tliey fuuilly alle<;e, thnt of the men whuse adidavits were takin by the Karl of Selkirk, several were imprisoned in the fir.-^t iiistuneo, and when frightened examined upon oath; proeeedin^» which, nlthough perhaps in .some respects irregular, yet appear by no nieuns inconsistent vith u boiiii Jiik intention on the pait of the Eurl of Selkirk, of |)roaioting the ends of public justice as u muLMstrate.
Some of the suhse(picnt allejicd proccedin^s on the part of his Lordship, can how- ever scarcely admit of this justification ; such ns the rehisal on the Tu\ Aumist, of taking steps as a maf^istrute to prevent tlu; plimiler and destruction of the North- West company's property, as hereinbefori! mentioned to have been stuteil by Mr. IM'Tavish ; the taking possession on tlie n\ Soptcuil)er of the keys of tiie provision storcsof the \oith-\V'cst company, and (lirecliiif; that no provisions should Ikj i-sued except by the order of captain Matthey. as stateil in the depositions of M'KobbduJ Cowie ; the preventiuf; any furs Iron) being sent down to Montreal, or any goods into the interior, whereby the trade of the North-M'est company »as entirely stopped, as stated in the various depositions, but more |)arlieularly in those of M'Tavish, Cowic and Grant ; tiie sendini; away iVoin Foit \\'illiam the principal clerks of the com- pany, Jumes M'Tavish, on a charge of receivins; stolen goods, but without (as stated by him in his deposition) any warrant, and llobert M'Kobb, Kohert Cowie and liicliard (Jrant, under subpa-iias to appear as witnesses on an accusation against AVilliam M'Ciillivray, for conspiracy, an oriynul copy whereof is annexed to M'Uobb's deposition, but without (as slated by all three) any previous examination whether they had a knowledge of any facts relative to the charge ; circnnistanecs which certainly tend to give a colour of probability to the allegation, that the real motive of their being thus sent away wai. the bitter to enable the Earl and his partizans to induce the voyageur servants "i Uie North-\\'est com|)any to break their engagements, and to conduct his Lordship's canoes into the interior; an olijeet «hich appears to have been of material im|)oiL.tnce. M'Uobh in his deposition, states, that "he heard his Lordship tell Mr. MTavisii, that he nitibt not (li.s.iuade the men; " that if he did, it would Ik; at his peril;" and " that In; was informed by the men " that they were commanded in the name of (iovernment ;" and the men lliemselvcs in their depositions already mentioned, recapitulate tiic various means useil to induce them to violate their engagement, as sometimes threats, soinctimes promises ; on other occasions increased wages and cheaper supplies, together witli the alleged commands of (iovernment, and assurances that the Nortii-W'est company would never return ; that many of the partners Avould be hanged, and that the country belonged to them (the Hudson's Ijay coinpaiiv's party ;) and lastly, by the imjirison- nicnt, in some eases, of those who upjieared most zealous in the service of the North-\V'est company.
On the part of the Earl of Selkirk, John Allan, who alone enters into the details of this ()eriod, on his lordship's behalf, gives a statement, which without directly contradicting the facts stated in the other depositions, shows in .some degree the im- pressions under which the Eail may have been grudimlly led to the adoption of the
course
Ml ED RIVF.a SF.TTT-r-MrNT. »«
course of roiuliict pursued l)y liini, witlinnt liirn>>i<lf pcrlinps bcin;; .^rnsililo or uuy Inrlnitiirii iinproprii-ly ; lit" stati's "TImtdn tlic I'uih Aunust, in i'onH'(|Uciicc, us lie Ix-licvrn, of |" ^'' ■} f'-^'"'- " inforniiitioi) lii'ul liilore tliu Karl of Selkirk, «in ontli, a Hiirrflut uiih issufd for .i',',']'! ,Vi'|I . y"" " scnrchin^ I'ort Willinni ; iirul (i fiuiuility tif furs, hctwccti ,{<) anil 40 pinks, ns lie Mr. t olhi'.in'* " iindcrRtodd, u<'rc foumi, of uliicli crrtiiiii iiulividiinls in llii- wrviicofllic IIuiIsohn Hfpi'ti, \r.
" Hay roiii()nny liiid liccn roblu'd in tlio (Jiii Appi'llc river, by persdiis employed by *"
" the North- Went company, 'i'liat the utiid turs were nlaU'd to have been re-paekc.d ( I'l "''f'fu'lw' " nt I'oit William." Tiiat in the course of seaicliiiig Tort Willinin for Moirn j^oods, ''' about tM cnty bales, intended for lied Itiver department, were discovered ; that tlieso contaiiieii tlic babilliiiiciits for llie Hrtdes lieieinbefore mentioned, and particularly ictrrrcd to in the luirl of Selkirk's letter to the Attorney (ieneral of Upper Canuda. " 'Iliiit these bales were set apiut by I.onI Selkirk's orders, ami afterwards sent to the " SlierilV at Montreal, to be produced as evidence mIicii ie(|uiied by the Attorney " (ieneral. 'I'lmt in conse<]nence of these discoveries and olliers, showini; the Joint " purpose of the North-West company against the settlers, I.onI Selkirk dettrmiued *' to pass the winter at I'oit W iliiniii, statiiii; to liim (Allan,) that he conceived " himself bound to deliver up the place to Cio\erniiient, siiiic it had been usid by " till! North-Weat company as a rendezvous of robbers and murderers, and the " receptacle of their plunder; and that he also considered he had a ri;»ht in law to " hold in his possession the property of tiie Noilli->\'est company contained in the " fort, as a pledge to secure the reparation of tiie diimu^es they had done to iiia " property, ami to that of his settlers luul others under his |)roteclion at Ued Uiver. " That on the 'J.'JtIi Auf»iist, M'lavish and Vaudersluys luivinj; applied to IajiiI " Selkirk for permission to send ;;ouds to Ked Uiver and Lac hi Pluie depaitmenti, " were informed by bis Lordship, that he cousidcre<i Mr. Alexander M'Ddiincll, of •* Ued lUvcr department, and the servants of the North-West company, who, uudu' " liis orders, liad dislodged the settleu:cnt, i'.nd murdered Governor Scmple, to be in " a state of rebellion against the (iovcriimeiit, and that therefore he could not be " juslilicd if he allowed any supplies to be sent to them, or to any place w itliiii their " reach. That on the 2(ith Aufjust Mr. Pritcliard set out for the interior with the proclamations of Sir John Shcrbrooke, dated i6th July, intended to prevent violence in the country, but «ns much ofraid he would be stopped by the servants and partners of the North- West company 011 the way, cspeeiully at Has dc la Riviere, which he himself had seen them fortifyiii}; with some of the artillery of which they iiad plundered the settlement. That the same day he (Allan) was present when Lord Selkirk proposed to M'Tavish and Vandcrsluys, as representing the North- West company, to draw up an i!;ri> iient for submitting to arbitration such of the injuries which had been mutually sustained in the interior, as would " admit of compensation in dumages. That upon this they seemed much pleased, " and Vandcrsluys smilingly said, that he hoped some arrangement would also be " made by his lordship for releasing the gentlemen \vlio had been sent of! prisoner* " That to this Lord Selkirk replied, it was n matter wholly out of his pow er, resting " solely with the Attorney General, and had nothing to do with the criangeuient " which he spoke of, which was to extend only to pecuniary damages. That Lord " Selkirk afterwards sent to thcin a written proposal on this subject, which they " answered next day, declining to enter into the arrangement proposed. That on " the 27tli August, the weather beginning to be very cold, the men struck their tents, " which were outside the fort, and entered for their quarters one of the buildings " which was vacant. That on the 28th August the furs of the Hudson's Bay " company, before-mentioned, were sent off to tlieSheritf of Montreal to be |)roduccd " ill evidence, and that on the 29th, the goods of Lord Selkirk and the Hudson's Hay " company, w liich had till then remained in the boats, were lodged in one of the " buildings." Mr. Allan annexes to his aforesaid deposition copies of various letters and extracts of letters from the Earl of Selkirk (marked I). L K. L) to Sir John Sherbrooke, in explanation of his Lordship's proceedings ; and he closes his depo- sition by stating, that he has been inlbrmed and believes, that the engagement of the men of the late regiment De Meiiron was communicated to his Excellency Sir John Coape Sherbrooke, by letter dated the 16th June i8i(i, by the Earl of Selkirk, and had previously been slated verbally to General Wilson, when administering the Government.
John Johnston, Esq. of the Sault St. Mary's, at that time a magistrate for the On ilip 61I1 Inilian territories, nrrivcd at Fort William, as attorney and agent for the North- West ^''l''f'"^«t »8'6- comjiuny, in virtue of a regular power of attorney to that etlect. It appears by his
584. 3 L ' dcpobilion
m
ill
iti
r A P F. R S R r, I, A '1 I N C TO T II E
^l^l(V!nre in Sir ,1. (.'. Slicr- biculie's, i,( 'ioili .'uly |S|8; viz.
Mr. Ciiltiuun's Itcport, i:o. V^
ffiih S( [.t( : 1816.)
iber
dcposiiion (N'o. 2(i(>,") ilic «liolc of wliich, ns tlic evidence of a disinterested man of clianu'fcr, is ino.'-t liiijlily ii)i|ii)rlant. 'I'lmt nflcr c.\liil)iting lii» power of alloriiey, " lie dcnr.iiidcd the evacuation Of I'ort William by tiic Karl and iiis followers, und " the sale dclivi^ry liiercof to liiniself, os aj'ent of the said Nortli-West Company, " tnijetlicr «ith liii'. properly therein contained. To wliieii request the said iuirl -" " gave for nn.sucr, lliat tli(> s>iid Fort was held, tOf»c»!!er with all the .tiores, f»ood», " and pucks therein, ns a pif dijo, until relrihnliun was made for die ontraj^cs and " losses Mi'^taiiifil hy his I.(ir(lslii|) and the IJndson's Hay C'oiiipany, nil over the " interiiir ; hut tlie hn-iness ot the plaice should go on as usual under Mr. Taitt, n " clerk of the Norlli-W'est Conipiinv, ^tiil reniairiin;' at the post, und that all tilings " required by his !.(irdshi[) should he didy receipted for. That be tiicn deuiauded " libcrlv to send olV tlic canoes for Hed Uiver, which was refused by the said " Furl, on the uronnd of imt fnri'ishin^ supplies to the rebels who were in |)osse.ssion " of that iieialihoiirhood ; and then deiiiandinL; that the outfit for Lake Fa I'luie, and " Fake Winniiuc, miiiht be sent off, he was in like manner refused, on the ground " that the Urules might go to tliose posts and get their sup|)lies, as well as at Ked " River ; tiiat perceiving that the Karl of Selkirk persisted to hold jiosscssion of the " Fort, and was supported In a military force which there was no means of resisting, " he next inrpiired « hut he should do with the vessel and cargo, to which the Earl " replied, the latter might be landed in all safety, and that be would allow some of " his people to assist in discharging the vessel; that in consequence, c'uring the •• cotnsc of tlie same day, two boats, with some Canadians, and other persons in " the military uniform of tlie late regiment De Meuron, came alongside of the vessel " in two batteaux, but could not take away full loads, on account of the wind being " too higii ; that on this occasion the said men of the lato regiment De Meuron, pro- " cccded to unlash two small brats guns on board the vessel ; and being asked by '■ whose authority they were doing .*o, replied, by that of the Earl of Selkirk, of " words to that eiVcct ; that he therefore went ashore, b;H complained to the Earl " of SeiHrk of the transaction, who replied, that it was ione as a measure of prc- " caution.' Mr. Johnston adds, " that on the 12th day of September he embarked " on his return to the Falls of St. Mary, having previously renewed his demand in " writing for the restoration of the Fort und prowrty therein contained, and received " a written refusal thereof from the said Earl, wiih which he conceived it incum- " bent upon him to proceed to Montreal, to deliver the same to the ngenis of •' the North-^Vesl Company there." Of this document a co|)y has been proved before me by James C M'Tavish, who annexes to his deposition (No. 404,) a copy taken nom the original in the Earl of Selkirk's writing; there is not, however, any thing remarkable in the purport thereof, excepting the total omission of any preten- sion of holding the Fort for tlie purpose of delivering it to Government, as herein- before mentioned in Mr. Allan's dejjosition, as the motive for its retention, and which was again repeated in the depositions of John M'Nab and John Spencer (Nos. .37!) and 380,) as the final orders given to the former when left in possession thereof, on the Earl's proceeding to the interior of the Indian territories; and it is perfi etiy notorious, that tiic same has been publicly and generally repeated by the partizans of the Earl in the present paper ; however, his Lordship expresslv states ills perlect leadiness to comply with the requisition or the restoration of tlic said Fort, and tiie property therein, as soon as the North-U'est Company " sliall have rc- " stored the projierty illegally seized by their servants at Red River, in the month of " June last, ami made adequate compensation for the damage occasioned by that " and other injuries on their part. " .lohnston further adds, that previous to his lca\ing Fort \Villiam on the iJth day of September, " the I'.arl of Selkirk prq»o«ed " to liim to take dow n a cargo of furs, on condition that they should lie coraigned to " s(in;e third parly to be disi)osed of, anil tl»o proceeds to wait tlic decision of an " arbitration, x\liici; the said Earl jjioposed as a means of settling the disputes of " property between himself and the North- West Company, leaving the punishment " of tlie oftenccs committed to the laws of the country, with which he did not feel uu- " tlioiizcd to comply; also, thnt be did not, at any time, directly or indirectly con- " scut to the removal of the ^uns befoie-menlioned fr'-m tlic vessel, although from *' drer.d of the military force at Lord Selkirk's .iisposal. he ciid not remonstrate " t'urtiier than liiTciiibel'ore stated. " The takii.g of liiese cannon being one of those otcuneiicL's relative to whiih the Ni.'i;li-\\\>', Company have charged the I'.arl of Selkirk with a felonious conversion of their property, a good deal of evidence has been produced on the subject.
On
\
RED niVER SETTLEMENT. 223
'11 tlu! part f>f llm Nol•tll-^\'ost ( 'ompnny, Rohcrt M'Ciiri'o, Aiii;iiftliii(: Di .s I Fiiyt':', In.-lftjnm n; \\illi(uii Morrison, in tli(.'ir depositions (No. 2{ii, ^(ij, hiuI .2()^|,) confirm the iii Sir j. c.siifr- foaiSli; tiikin;^ of llio cnnnon Iroin en bonrtl the vessel ; and .Jacol) Witflcliv, ami '"■""•"•'s, m lotli .liUMjt us (.'Imtcluin, in their dejtosi'i'^iis (No. 2(>;] nnd 2()5) stiite the same, iR'int; on ^1,. c'ni'i',,/'" the 1 .'til September sent after t\ arty wiiicli luid .set out a day or two [)rcvioiisiy lloijort, \r. for the interior, under the command of Captain d'(.)rsonncns. '^ -^ '
On the part of the Earl of Selkirk, .Tarob Witsdiy liefore-mcntioned, ,sti»tcs in his isio) deposition (\o. 283,) that at the lime he was sent on boaril of the aforcsuid vessel to liikc possesaion of the two pieces of eannon, by order ol captain IVIaithev, I>Ir. .(oliMhton was present, and must necessarily have heard the order, and that wIk m on iiuard, the cannon were pointed <n\t to him and delivered uilhout the smallest tlilViciilty ; and captain D'Orsoimcns in bi,-dc|iosition (No. 285,) status, that lie heard Mr. .fohnston direct Uol)ert M't.'argo, tlie captain of the vessel, to deliver up t«o Muall cannon, and tlie balls belonging thereto, when demanded ou the part of Lord Selkirk, as a i\ieasuro of necessary precaution.
John Allan state?, in his de|)osition, " that he heard l^.Ir. Johnston say, while at " Tort William aforesaid, that he had been authorized bv Mr. JM'Gillivriiy to rc'iuin', " on tlie part of the North-West conipi.ny, that Lorci Selkirk should deliver up " I'ort U'illiam to him, and that in compliance with his instructions, lie would make " the demand in writini^, but that he thought Eord Selkirk ought not to give tlic ' place back to them without some authinity besides his own, seeing that it had bccu " used by them as a rendezvous for highwaymen and murderers, and the receptacle " of their plunder, or words of similar import and meaning." Mr. Allan also stalt ,, in his dc|iosilion, " that wiiilst Mr. Johnston was at Fort William, the parcel of " Ictterf of which Lcigimonierc had been robbed, was found in u locked press, in *' the comer of the council room ; that his attention had Ijcen fre(|ucntly called " by Daniel M'Kenzie to this place, but that he had conceived no papers would be " left there, as the partners of the North-West company, after their arrest, had " passed part of the evening of the 13th August in that apartment, and that a great ^' many papers had been burnt by them that night ; that he had in consequence " delayed from time to time opening tltc press, but after having in vain inquired for " the key, he caused the lock to be forced open in presence of captains Matthey " and D'Orsonnens, and found in it, wrapped in a piece of bark, most of the letters and papers in question, iiicl.uling two warrants in the hand-writing of James Stewart, Esq. Montreal, for the arrest of some of the individuals who had been active in burning the settlers houses in 1815 ; e.xclusive whereof, he had frequently seen tlie fragments of one of the papers conti lined in the said dispatch, viz. of the warrant for the arrest of Ale.\ander M'Donnell, which w as tarn up, but recognized by the Karl of Selkirk ; that u\Mn discovering the parcel aforesaid, captain Matthey went for Mr. Johnston and the Karl of Selkirk, w ho, al'tet seeing the " place in which the said parcel was foutid, recognized clicIi of them, letters in their " own hand-writing, and the seals of all the letters were broken open ; facts wnicli " Mr, Johnson also confirms in his deposition." Of the letter containing the war- rants, addressed by th:; Earl of Selkiik to Colin Robertson, Mr. Allan has annexed to his deposition, a cojiy marked R, in consequence of a retiuision from me to that tU'ect, arising from a report which it was lu 'rioiis had been eircul' ted by the parti- zans of liie North-West company, that blank "crraiits had bee 1 indoacd therein; this fact appears by the tenor of the letter, not to be correct, but at the same timi", the order contain .'d therein to enforce a warrant against Uoitonois only in the event of his continuing hostile, evidently shows the imperfect view taken hy the Vm\ of Selkirk, of the duties of a magistrate under the luiglish law, iiiilcpendent of the further illegality of the orders contained in this letter, for the forcible seizure of t!io North-West company's post, herein- before refcrreil to.
Mr. Owen Kcvcnty, n clerk in the service of the IIudson'>* Ray eompiiny, or of On ihc nth the Earl of Selkirk, was muitlcred at the DkIIcs, on the river H'inipic. A Kiigo iMjiuiuLu \i\6. body of evidence relative to the horrid affair, wiL be found collecteil in the depo- sitions lilcd from No. 2S8 and ,tji. From the concurrent eviiliiice of all tliosc examined, who Imd a knowledge of the iitliiir, it appears moriilly certain, that tli(5 murder was committed hy Ctmrles de Reiiihard, a rleri< in ihe service of ilic N'orlh- West company, formerly r. Serjeant in the regiment De Meuron, nKsisted by IVaiKois Mainviiif, a hidl-breed, also in tiic service of that company; 11 ul that the Indian culled the " Fili tie la 1 rdrix iJlanche,"' was pre!?c;it at the atViii-, but took no jiart
584. llieiciii-
I
Tnrlo">nre ill Sir J. C. Slicr- liriioke'!-, of 'jotli July 1818; vi^. Mr. Ciillimurs lleport, 4ic. V__ . ^
(ilUi September l8id.)
On tlie l4lh ScpteiiiLei iSiG.
On tlif ifjth btiUfii.U'r 1
SlC.
224 r A P r R S 11 E I. A Tl N G T O T II R
tlicroin. It is true, tli;it Reiiilianl hiinsdf sUUes tlie matter differently, sn\'n;», that it was Mainvillc ulio tiist sliot Krvcncy, and that he only stubbed him in )r(ier ta end his sufferings ; this aeeount, iiowe'cr, nlthoii;ih in some decree snpporte I by the ambiguous expressions nse<l on tlie subjcet by Faille nnil La I'oinie, twc ot the prhicipnl witnesses, in their original depositions nt Tort William, is finally eontradietcd by them on their hirlher examination, as well as by every other witness w ho has deposed to tlie tiirt ; w hilst the opposite statements made at different t'mes by Keiuhaid himsell', diminishes nnv eonfidenre that might otherwise be plueed in his flechnation. As respeels Ari.clhm, the North-^\'est partner, and the other persons charged as accessaries to this eiinic, the evidence i,s so extremely contradictory, that nothing further could he done than to secure the attendance of as many witnesseH as jiossihle, in order that the fiiilrst investigation miiiht take place before a jury. «iio nione arc competent to dci-idc to which party cretlit should be given. If not acting under the direct orders of tiiosc accused of having instigated the murder, it may be inferred from the general tenor of the evidence, tlint Ueinhard was Icil to the com- mission of the crime, partly liy the prospect of obtaining a considerable booty in the clothes and other |)ioptrty of Kevency, and jjartly from an idea that in the inllamed and hostile state ef mind o|)cnly ex|»ressed towards their opponents, by the partizaus of the Xorth-U'est company, he slumld be considered us having rendered an ac- ceptable service to the company ; whilst at the same ti.iic, the general violence of Ktveiiey's conduct as a prisoner, might to u pel son of the lax principles and sau- j»uinary halits naturally formed in llie mind of a mercenary soldier, by the scenes of violence an 1 bloodshed so frequently witnesseil during the revolutionary wars, appear to atlbnl some excuse fjr the crime. Such at least seeuis, by the declaration of different wi nesscs, to iiavc been the apology made by hiui, when reproached for w' i' he had dore.
James Grant, a jiartner of the North- West company, was arrested at Fond du Lac, within the United States of America, by I*. C. I'amhrim, by virtue of a warrant from the Karl of Selkirk, as more particularly detailed in the deposition of the said Grant, No. 23'), who states also llic detention by tin: Earl of Selkirk at Tort Widiain, of a quantity of litpior and other goods ; as also of one Roussin, the clerk in charge thereof, destined for the department of Fond du Lac, to the graat injury of the trade carried on there by .lohn Jacob .'\stor, a citizen of the United States, conjointly with certain individuals connected with tlie North- West company.
This arrest appears evidently to have been grounded on the robbery of I-egiinmo- iiic^e's dispatch ; and although the execution of the warrant within the territory of tiic United States, was irregular, yet it may be easily accounted for, under the am- biguous terms of the Act of the 43d (Jeorge 3d; whilst the detention of the goods most probably arose from the same causes as were assigned by the Earl of Selkirk to Mr. Johnston, for refusing leave to send supplies to any posts witliin the reach of Red River.
Certain deeds were executed by the Eari jf Selkirk on one part, and by Mr. Daniel M'Kciizic, for tiie Nortli-West company, on the other, purporting to be a sale of the goods and chattels of the said comjiaiiy at Fort William; a submission to uriiilrution of uU matters in diti'trcnce between the Earl and the company, in regard to damages arising fium ulkgcd injiuies, aggressions and trespasses on cither side, and an agreement lor a mutual pledge tor the due fulfilment of the award ; copies ,■ whereof marked G. II. and I. together with that of a letter from the sttid Daniel M'Keiuie to the I'arl of Selkirk further to give effect thereto, marked K, are annexed to the joint deposition of John M'Donald, Allan M'Donnell, and Daniel M'Kenzie, (No. atiy.) Daniel M'Kenzie states in the '\hove-mentioned dcpo.sition, that at the period the other Nortli-\\'est pai tiiers were seiii off as prisoners, " he was extremely " desirous of accompanying them, and accordingly made several application,-, to the '■ Eail f)f Selkirk, for that purpose, who however refused sucii request, and ordered " liim to be detained, which was accordingly done ; and 1 ; was confined for several " (i:\yi u close prisoner in his own room in Fort William." 'Ihat afterwards, he " was by order of the said Earl, conlimd in a prison at I'ort William, wliich was " erected as a common prison lor the adjacent parts of the Indian territory, .some " time alter the llrat e.stablisiiment of the magistracy for the territories, where be was " k( pt in the duik, except as to such light as pervaded the chinks in the building, " tliere lieing r.o window in the dungcm in which be was -^o confined." Flmt whilst thus eontincd, one M'l'hcrsou, Miles M'Douucll, and Dr. Allan, and soum' otiieis,
came
ii >(
« <l II
II
>l
l< <l
RED RIVER SETTLEMENT.
325
•• came frequently to him, to persuade him to submit liimseif in all respects to the Inclowr* *' said Earl, and to yield obedience to whatever he might direct, telling him that the j" ^" f ^V*'*^ " evidence against him, with regard to the destruction of the settlement of the Red juw/isig;"^!!- " River was very strong; that it would be a very serious business for him ; that the Mr.'coltman'i «' otiicr partners of thcNorth- West company were utterly ruined, and would certainly Report, &c.
" suffer ; and tliat it was a folly for him to sacrifice himself and his family, for per- '^ ^-' — ""*
*< sons who did not care for him; and incessantly used other representations of the ('Qth September *' same kind, tcndin;; to induce him to yield implicit submission and obedience to ' ' " wh .tevcr they or his Lordship might dictate ; and that being at length wearied out " witki the liar(lships of his confinement and their importunities ; and having expressed " to Captain D'Orsonitcns a disposition to conform himself to their advice, in case " he was released from the said dungeon ; he was removed therefrom into another " building, where he was still kept confined a close prisoner under a guard. That " from the time of his being so removed from the said dungeon, impressed as his mind " was with tlie hardships which he had suffered, the danger in which he imagined " his life was, and the constant suggestions and importunities of those aroui.d him, " he did accordingly yield implicit submission and obedience to whatever they dic> *' tated, being frequently ulso in a state of intoxication, and accordingly for a period " of six weeks or thereabouts next following, was in the habit of writing whatever '• letters or otlier papers were dictated to him. That the said Miles McDonnell was " very frequently with him to induce him to write or sign different papers, some- " times dictating to him verbally, and making him write what he so dictated ; and " at other times bringing him drafts of letters or papers for him to copy in his own " hand-writing." In further support of this statement, he annexes to his depositioa the originals of various papers, marked A. B. C. D. E. and F. either in the hand- writing of the said Miles M'Donnell, or of the Earl of Selkirk, or otherw.se written by himself, and interlined and corrected by the said Miles M'Donnell.
He further states, that whilst u prisoner at Fort William, by the direction of the said Earl of Selkirk, and of the 'laid Miles M'Donnell and other persons in his em- ployment, he signed and executed the several deeds or paper writings herein above- mentioned. Ami he adds, "that having inconsequence of such his implicit obedience " and submission to all the orders ana commands of the said Earl of Selkirk, and " the persons in his employ, been ultimately discharged from surh his imprisonment " at Fort William aforesaid ; and feeling great regi-etand compunction at his having " been so compelled to execute papers, which might possibly be so highly detrimental " to the interests, not only of himself, but of tlie other partners of the North- West " company, on his arrival at Drummond's Island, which was the nearest place to •' Fort William nforcsaid,' at which any notary public resided ; he went on or about " the 1 ith day of November, before Mr. James Grant, a notary public, and David " Mitchell, Esq. a justice of the peace, both resident there, and in their presence " made ami subscribed the protest or paper ;" an original copy whereof (marked I.) he annexes to his deposition, and he declares, " that the representations tiierein con- " tained, witii regard to the influence under which he was induced to execute the ■ several instruments or other paper writings therein mentioned, are in all resiiect* true."
Mi
Hs further adds, that Miles M'Donnell told him one day, that it was the request pf the Earl of Selkirk " that he should write a letter to his " name-sake at Nipigon " (meaning one Roderick M'Kenzie, who was then in charge of the post there) " advising him to kec[i back the packs in his possession, as an indcninitication tor " whatever the company migh. ho indebted to him, as they were quite ruined, and *' that perhaps he might find u passage for them by the way of Hudson's bay, but " which letter he believes he never did write ; that on or about the 1 1 tli day of October " now last past, the said F.arl cuine to him, having provided d cnnoo at Fort AVillium " for that purpose, and ordered liini to cmburk tor Montreal, asking him at the " same, time whether he iiad written a circular letter to the different clerks and
partners of tlie Nurtli-Wcst company in the interior, to the same purport as tho " one which he had i)een desired to it rite to W\^ nmiicsake, and upon his ansucrin>* " in the negative, .suid that he should give the Muid Miles M'Donnell tlicir names, " and that he should write to them in his niinic ;" a copy of such circular letter from the said Miles M'Donnell, to certain of the North- West partners in the interior, dated Fort William the 14th October iSi(i, bus accordingly been proved before me (Deposition No, i.ia, marked '/..) the contents whereof will be found of the
584. .3 M higlicst
tii
PAPERS RELATING TO THE
laoiaMiH inSii J. C. Sl>er- brouke's, of 30U1 July i8it ; vi:. Mr. GoUhmb's Rrport, &c.
(i(HU!Hp(«u>lj«r 1816.)
higheat importance towiuds forming a correct judgment of the transactions at Fort Willioin,
The statements of Daniel M'Kcnzic arc furtlicr confirmed in several particulars, by the depositions of .Fames Taitt, John Theodore Messani, and Charles Brainbv, John Johnston, James Grant, Donald M'lntosh, and Alexander Kennedy, No. 270, 244. 2t>6, 268, 2fi(), 2i\, and 272: James Taitt stating, " that Daniel M'Kcnzic, •' after the other prison>.rs were sent off, «as for some time confined with a sentry " over him, in a building in the fort, called The North-West House, and was froni " thence removed into a dung;eon, as he understood and believes, by the order of the " Earl of Selkirk ; thiit after the said Daniel M'Keiuie had been some time confined " in the said dungeon and other places, he was called upon to witness certain " instruments in writing, signed by the said Earl of Selkirk and the said Daniel ♦* M'Kcnzie, and that on his objecting to sign such writings, without knowing thpij- ♦' contents, he was answered by the said Eurl of Selkirk, that it was unnecessary for '* a witness to know the contents of a paper, it was sufficient for him to see the '* parties sign and seal it; that he did not know at the time, but heard afterwards " that the papers or instruments so signed by him as a witness, contained a transfer '' or sale of the North- West company's property at Fort William ; that some time " previous to such sale, he showed to the Earl of Selkirk a letter written by John •* Dugald C^anieron, one of the partners of the North- West company in charge of " the aflfiftirs of •( said company, at the Sautt of St. Maiy, to Messrs. James " C M'Tavish u ^ ^ " Vandersluys, and opened by Mr. Johnston, in presence ** of himself, after i. rturc of these gentlemen ; which (letter annexed by him
" to his deposition) u<.^ .tly stated that no attention should be paid to the orders " of the said Daniel M'Kcnzie, he being a retired partner, and therefore not " authorized to interfere in the arrangement of the aft'airs of the said company at " Fort William ; and that the said letter, and also one from the said Mr. Johnston " to himself, relative to the duties to l)e performed by him, were given to the said " Earl of Selkirk, and retained by him, an hour after which they were returned." He further states the general authority and control exercised by the Earl and his adherents over the servants and property of the North- West company, by means of his armed force and military array ; and particularly that for a length of time previous to tlie sale, '* the Earl would not allow him to issue from tlie store of the company " then nominally in his charge, such provisions or stores as were from time to time *• required, for ti)e [K-rsons in the employ of the said company, without the sanctioi) " of him the said Earl of Selkirk, or some of his attendants ;" and also that he wa^ frequently applied to before the said sale, " to issue many articles out of the North- " West company's stores, for the use of the men of the said Earl of Selkirk, fo^ " which he took receipts from Captain Matthcy, the person who appt^.cd to him " to be appointed by the said Earl to make such requisitions, and to give receipts for " such articles as were received on account of the snid Earl of Selkirk ;" and he further adds, that he " was induced to issue such articles as were required for the " use of the servants and men of the said Earl of Selkirk, fron) the conviction that " resistance was in vain, and that if he did not comply with their wishes, they would " take any thing they stood in need of, without his permission." Missani and 13rau)by state, in their joint deposition, that the examination of Daniel M'Kcnzie was delerred to the jotli August ; " that they cannot recollect what took place at " the siiid examination, but that it appeared generally that the Earl of Selkirk con- *' sidered the said Daniel M'Kenzic as particularly culpable; that after his exann'- " nation the prisoner «as i-emanded into continemcnt, but in a manner which led •' them to conceive that no other confinement was intended than that had heretofore *' been practised towards himself, and the other partners, by placing them in a room, •* with a sentry over them : that it was consequently with the greatest surprise, " tliey afterwards learnt that he had been sent to the common prison : that on the " 22d day of the said month of August, the proclamation of the Governor General, •* of the mo4ith of July preceding, was received, and in the couree of the same day " they saw the said Daniel M'Kenzic apparently a prisoner, hut confined only in a " room of the fort; and that they observed Mr. Miles M'Donnell talking familiarly " witli him, but had no knowledge of any second examination, or other circumstiuicc* " wiiich should have prevented the suid Daniel M'Kcnzie from being sent down as " the other persons had been for trial."
Mr. Juhnson states, that during the period of his being at Fort William, ho fre< quently saw Daniel M'Kcnzie, whuui be understood to have been previously in con-
tinentent,
RED RIVER SETTLEMENT.
227
ibv, 170,
finement, but was then entirely at liberty, " although as well every other person was Intloiortf " necessarily to a certain dej»ree under restraint from the armed force at Lord in Sir J. c. Sh«r. ** Selkirk's disposal ; and that in consequence Daniel M'Kenzie wishing to leave Fort j'^j'^'^'X"^ '°"' " Williaui witii himself, requested him to apply to ;the Earl of Selkirk for his |)er- Mr^Cokman'/' " mission so to do, which lie accordingly did, but could not obtain the same ;" and Report, &c.
he further added, " That during his stay at Fort William, Daniel M'Kenzio was no- *^ ^ '
" wise in charge of the property of the North- West company there, nor did he (igth September " understand he had been so at any time previous to his arrival tiiere, nor did he i^'^) " leave him in any sort of charpe, but on the contrary luft his written instructions *' with James Taitt, whom he always understood to have had the charge after the " departure of the other clerks,"
James Grant and M'lntosh, in their depositions, state principally declarations made to them by Daniel >rKenzie, during his passage from Fort William, of similar pur- port to his subsequent deposition ; and particularly that he pleaded in defence of his conduct in making the sale herein before mentioned, "the state of continued tntoxica- *• tion in which he was kept at Fort William, as well as the bodily fear he experienced " on account of the Meurons, who, to use his own expression, he apprehended would " run him through, or commit some act of violence on his family." James Grant adds, that Daniel M'Kenzie requested him to sanction the agreement which had been entered into between him and the Earl of Selkirk, to which request he refused to accede. Alexander Kenned)', in his dejjositions, states, chiefly the various articles belonging to the North- West company, taken possession of and converted to his own use by the Earl of Selkirk, including five canoes, and four packs of furs : tliese occur- rences were a good deal dwelt upon on the part of the North- West company, who in respect to the turs in particular, which were brought down to St. Mary's, appeared at one time to expect they should be able to prove a felonious conversicjn. On the whole there is, however, little reason to doubt that the canoes, &c. were delivered by Mr. Taitt, in the manner described by him on requisitions made and receipts given ; and that the furs having been the produce of tiie local trade at Fort William, formed part of the property conveyed by Daniel M' Kenzie's sale, and must of course rest on the same footing as the whole of that transaction.
On the part uf the Earl of Selkirk, John Pritchard states in his dcpositioa (No. 287,) that this was the case, and that the said furs were included in on inventory made of the property so sold. He also states, that on his return from Lake la Pluie, ho found Daniel M'Kenzie, who had been previously arrested by the Earl of Selkirk, at large in Fort William ; tliat on the first arrival of the Earl, M'Kenzie requested him to inform his Lordship, that he, M'Kenzie, was tlie last person arrived from ^ed Hivcr, and should be happy to f^ve his Loi-dship any intelligence ; " that be had' " afterwards seen him once or twice whilst a prisoner in his own room, and, lastly, " when in the prison of the fort; and that he liad appeared much licpressed, aiui " anxious to disclose the crimes in which he and his partners had participated," — he adds, " that he had been asked by him wlicther he could be received as King's evi- " deuce, and that he had acknowledged he had answered the Earl foolishly, which " was the cause of his having been removed to prison ;" that he, l^itchard, stated, in reply, " that it would certainly be his interest either to say nothing or to come for- " ward and declare the whole truth fully and openly ; that nothing however furtiier " had taken place previous to his proceeding to Lac la Pluie ; but that, upon his " return to Fort William, he was informed, and verily believes, that the said Daniel " M'Kenzie had made a full disclosure in writing, in consequence whereof he was set " at liberty ; and that he has himself frequently heard the said M'Kcnzie declare " that his testimony alone was sufficient to hang Mr. M'Gillivruy, towards whom the " said M'Kenzie at all times expressed great hostility ; that some days after hh " arrival at Fort William, he had a knowledge of a sale made by the said Daniel " M'Kenzie, of the moveable property at Fort William, to the Earl of Selkirk, and " that deeds were duly executed for the sunie, as well as for a submission to arbitrar '* tion ; and that he has a certain knowledge that in agreeing to this sale and exer " cuting the other papers before mentioned, the said Daniel M'Kenzie acted without " any restraint whatsoever, and appeared to consider the arrangement as advantageous " to iiimself and the other wintering partners; that whilst the inventory was taking, " he frequently expressed his anxiety Uiat the amount thereof should prove large, " appearing to consider it as so much profierly saved to tiie North-West company "g " wintering partners, which would otherwise be expended by Mr. Williutu " M'Gillivray in law; that soon alter the inventory was completed, Dtniiel M'Kenzie " stated to him his wish to gu to lied River, where he said he mij;ht be serviceable 584. •' from
J38
PAPERS RELATING TO THE
Inelosure in 5ir J.C. Slirr- brookc's, uf lotb July i8t8 : vi^. Mr. Coltnmn'a Report, &c.
(■!>*li September 1816.)
" from his influence with the haif-hrcods ; but that he, Pritchanl, having cointnu- " nicatcd the suine to tlie Knil of Seliviik, learnt timi the testimony of the snid Daniel " M'^Kenxie was so important, that he must be sent down to Montreal, and he iiccord- " ingly emiiarkcd some days afterwords, being under no sort of restraint, but yoing " down, as he understood, a. voluntary witness, zealous for the discovery of truth, " without it having been deemed necessary to put him under recognizance ;" that at Sault St. Mary, they met witii Mr. Pierre dc Uochblave, a partner of the North- AVcst company, who took away two of their canoes ; that, in crossing Lake Huron, they met with John M' Laughlin, another partner of the company, w ho had some con- versation with Daniel M'Kenzie, and subsequently met with John M'Donald, also u partner of the said company, together with Air. Smith, the under sherifT of the western district of Upper Canada, ''with whom the said Daniel M'^Kenzie, whose spirits had " appeared mucli depressed from the period of leaving Sault St. Mary, embarked, " saying to hitn (Pritchurd,) that he was obliged to ilo so, as a prisoner, for selling Fort " William, although he himself saw no species of coercion used towards him." John Allan, in his dc|)osition (No. 380,) states, Uiat it being late in the day on the i jth of August, when the examinations of the other prisoners were completed, that of Daniel M'Kcnzic was postponed to another day ; that, on the 20th of ^lugust, Daniel \PKenzie was examined in presence of Lieutenants Bramby and Missani, and of himself, when he refused to answer most questions, and generally denied all know- ledge of the crimes with which he was charged ; that, after this exan'ination, he was committed to un apartment in the fort universally used as a gaol ; that during the abort time Daniel IVl'Kcnzie was confined in the gaol at i'lrt William, he (Allan) was informed by M'Nab, that M'^Kenzie desired to see him on account of his health ; that having seen him, " he gave him some advice, promised to send him some tnedi- " cine, and was about to retire, when M'Kenzie pressed him to say what he thought " uf his (M'Kcnzie's,) situation in respect to the charges against him ; and that seeing " M'Kenzie extremely anxious, he said that it was certainly a serious niatter to be " accused of having attempted to raise the Iiidians against a settlement of tlic King's " subjects ; but tliat if it had been done in obedience to instructions from others, " their crime was greater than his, or somctliing of like import and meaning ; tliat " M'Kenzie also asked him if the evidence of an Indian would be received against a " white man ; to which he replied, that he knew no law to prevent it ; that " M'Kenzie then asked him what was the meaning of a King's evidence, to which he " said he was not a lawyer, and could not tell correctly ; but being still importuned to " tell his opinion of it, he at last said, tiuit he understood it to be a person who " being concerned in a crime with others, is exempt from prosecution himself on " giving evidence agai 1st his accomplices; that after tiiis visit he stated to Lord " Selkirk, that he thought Mr. M'Kenzie's health would be injured if lie were to " continue a length of time in the gaol, and that his illness seemed the effect of in- " temperance; that Lord Selkirk then proposed to prevent his having access to any " liquor at all, or to allow such a proportion only as could not produce intoxication; " but he represented, that the total and sudden loss of his accustomed beverage " might prove prejudicial to Mr. M'Kenzie's healtii ; that the restricting a gentleman " in his circumstances tt 1 Ticasured allowance would, tiiough an act of humanity, " wear the appearance of tiu. '' and arbitrary treatment, and that he trusted the " advice he hud given to M'Kenzie upon that subject, would not be without its " effect ; and that upon these representations he believes the proposal of restricting " his allowance was, upon that occasion, abandoned ; that, on the forenoon of the " •i'iil of August, Air. Daniel M'Kenzie was, at his own desire, re-examined by the " Earl of Selkirk, when, in presence of himself, he asked if any thing he might say " would be turned against himself; to which Lord Selkirk replied, that he could not " without the sanction of the Attorney General admit him as King's evidence, but " that if he chose to communicate information cf material iin|)ortance, he would " recommend to the Attorney General to allow him to become evidence for the " Crown ; and iiis Lordship added, that if there were siifTicient groutids for it, he had " no reason to doubt that the Attorney General would consent to the recommendation ; " that the said Daniel M'Kenzie then stated under oath, that he had been with Mr. *• William M'Gillivray on Luke Superior, when he received a letter dated at Fort " William, from Archibald Norman M'Lcod, stating that he had written to Fond " du I^c, to cause the Indians to he collected under promise of being rewarded l)y " the North- West company, and led by Morrison and Iloussin, two clerks of that " company, to meet M'Lcod's party at Red River settlement about the middle of " June; that Mr. M'Gillivray had shown the letter to him (Daniel M'Kenzie,) and
" inquired
<i It
4( II
•' h
" ft
«' m 41
II II
K
RED RIVER SETTLEMENT.
229
" inquired how many Indians miglit l)c raised in P'ond dii Lac department, and inclosut* " being told about one hundred, bad further nskcd what quantity of goods would be in Sir J. c. Sher- " required to satisfy them for their services, to which M'Kenzic replied about two hfoite's. ofgoih " canottes or canoe loads, upon wliicii Mr. M'(iillivray said, it is a great deal \i r^i^' ""' " of goods but we must not mind that ; that M'Kenzie then mentioned several other Beport, &c. "
" circumstances to tiie Earl of Selkirk, but complaining of a bad memory, and tluit ^^ '^^ /
" he felt agitated, he proposed to be allowed to go to his own room and to write down (iQth September " from time to time such circumstances as might occur to his recollection, which was 1816.) " immediately assented to by the Earl of Selkirk ; that after this day, Daniel " M'Kenzie communicated dady circumstances relative to the conduct of his partners " towards the Red River settlement, and was allowed the use of his own room, and " to go without control where he thought proper ; and that near a fortnight after- " wards, Mr. Daniel M'Kenzie gave to the Earl of Selkirk a letter written by him the " said Daniel M'Kenzie, and containing most of the material circumstances which " he had previously communicated verbally, or on detached slips of paper." Of this letter, Mr. Allan annexes to his deposition a copy marked ((),) and states, " Thai in " consequence of these discoveries, the said Daniel M'Kenzie was finally allowed to " proceed to Montreal, ut large, under the expectation that he wouid be found a " necessary evidence for the Crowu." He further adds, " That some time after *' Daniel M'Kenzie had delivered the letter hereinbefore mentioned to the Earl of " Selkirk, he asked him (Allan) into his room, and told him, that he had purchased " at Michilimakinac for the North-West company, e quantity of provisions and other " articles to theamountof/;. 1,200 and £. 1,500, on purpose to prevent Lord Selkirk " from obtaining any supplies for his people ; that he was afraid that the settlers " would come on hirn individually for the payment, and that he was at a loss how " to act, believing that the North-West company's agents at Montreal, in conse- " quence of the information he had given to Lord Selkirk, would refuse to pay it ; " that he (Allan) then said, that he could not give any opinion or advice, ex- " cept that he believed the North- West company would readily pay it for their " own credit, upon which M'Kenzie said, he thougb.t the North- West company were " ruined ; that M'Kenzie then asked him, if he thought that the Earl of Selkirk could •' give him any assistance ; and he replied, that he did not think that Lord Selkirk " would interfere in the matter ; that about the same time he was informed by Miles " M'Donncll, that Mr. M'Kenzie hud also spoken to him with much anxiety on the " same subject, and that M'Kenzie seemed to think, that the greater part of the " provisions wiiich he had purchased at Michilimakinac, being then at Fort " William, might be sold by him to the Earl of Selkirk, who would soon want " a supply ; that this idea being spoken of in the presence of Lord Selkirk, he had " observed, that M' Kenzie might dispose, not only of what he had purchased him- " self, but also of the rest of the property of the North-W^est company at Fort " William, and even of their claim to the fort itself, since it was built on land to " which tliey had no claim from government; and that then he (Allan) had re- " marked, that such a transaction would be liable to be represented by Lord Selkirk's " enemies to his disadvantage, and would be likely to multiply disputes between his " Ix)rdship and the North- West company ; that soon ailirwards he was asked by " Mr. M'Kenzie, if he had a right to dispose of the property of the company at " Fort William, upon which, wishing that such a transaction should not take place, " he replied, that he could not tell how far the authority of a partner extended, but " that if he had acted without a power in the purchase at Michilimakinac, he did " not see any thing to prevent him now selling what he himself had bought ; that " M'Kenzie then assured him, that he had no power of attorney, upon which he " (Allan) stated a doubt whether M'Kenzie was not a retired partner, but he posi- " tively declared that he had never signed any resignation or retirement, that he had " not with his own knowledge or consent been placed on any list of retired partners, " and tiiat a few days before Lord Selkirk's arrival, he had been pressed by Mr. " M'Gillivray to take charge of Red River department, in order to contribute by his " influence to the management of the half-breeds ; that he then told M'Kenzie tliat " he could not give an opinion on the accuracy of which any reliance could be " placed ; but that he (AI' Kenzie) would of course do what he considered best for *' his own interest and that of the partnership to which he belonged." Mr. Allan further states, "that on Thursday, the 19th day of September the deeds herein- " before mentioned were signed by the Earl of Selkirk, on the one part ; and by " Daniel M'Kenzie on the other;" and proceeds to give some details thereof: That by the first " it was agreed that arbiters should be appointed in London by the Lords 584, .3 N " Chief
i
no
PAPERS RELATING TO THE
Inrlinur* in Sir J. C. Shcr- briMikr's, ul' lulh July iHiR; Ml. Mr. ('iiltiiiilira Kepon, iVc.
(igiirSeptembcr i8l(i.)
\
' Cliief Justices uf tlie Courts of King's Dciuh and Cuiiinion Picas, Westmbstcv,
' witli authority to inquire into tite damages inutunlly sustained in tlic interior, and
' to give a tinal award thereupon ; that the sante deed contained a chtusu to prevent
' it troin iiaving any etlect on the criminal prosecutions which eitlicr jtarty might
' institute, and also that the submission was (o be made a rule ot' ills Alajesty's
' Court of King's Uench Wistminster, of the Court ot Session at Edinburgh, of the
' ('ourts of King's I3ench in l^ppcr Canada, and of the districts of Quebec and
' Montreal in Lower Canada ; that at the same time another deed was signed by
' the same parties, by whicli it was agreed, tliat tiie furs packed for exportation at
' Fort Willian), should be consigned to the said arbiters, to be disposed of by thcniy
' and the proceeds to be applied, if necessary, to make good the damages they
' might award as due to the Larl of Selkii k ; and Lord Selkirk, on the otlicr hand,
was to transfer to the said arbiters, the conveyance of an estate of £. 3,000 yearly
rent, supposed to be equal in value to the furs to be disposed of by them if
necessary, to make gooii the damages they might award as due to the North- West
company ; that at the same time a third agreement was signed by the same parties;
by which tlie moveable property of the North- West company at Fort William,
except the furs aforesaid, packed for exportation, was sold to the Earl of Selkirk,
at a price equal to the cost, added to tlie charges for transport, and that the price
of the property transferred, we< to be paid by instalments, and that £. 50 was
actually paid the same day by the said Earl in gold, to the said M' Kenzie, as the
first part and earnest of the price thereof."
He further adds, that the deeds " were signed in presence of a number of witnesses ; among whom were all the clerks of the Hudson's Uay company, as well as of the North- West company, then at the place. That if any means had been employed to compel Daniel M'Kenzic to agree to these deeds, lie would have known it. But he believes none were used, and that the said M' Kenzie acted as mucii frco from control in that sale, as he had done in the purchase which he had made fur the North-West company at Michilimakinnc ; for the Earl of Selkirk proposed about tiie same time to purchase from Oanitl M'Kenzie, for a sum of money, the claim uf the North-West company to Fort William and its appurtenances ; but tho latter refused to agree to tliat transfer, stating that he thuujilit the price oti'ercd much too low, and demanding a greater sum." He further adds, " That he does not believe he ever spoke to M'Kenzie of the sale in qitestiun, except in reply to questions put by him, and which he frecpuMitty declined uns^vering ; for, uithough he could discover no legal defect in tho transuction, and cunsitiured tiie stipulated prices fifiir and reasonable ; he never liked the same, as lie feared that it would atfbrd an opportunity for misrepresentation, before the truth should be known ; and that having suggested this to the Earl of Selkirk, his Lordship remarked. That it would be absurd to abstain from do>ng any thing merely to avoid hehig roisrepreseated by the North-West company, who had already misrepresented his best actions, and would invariably misrcoresent his conduct, however uuimpcucliable it might ba, and that the liberal and equitable terms on which he proposed to negociate, and the persona appointed to name the arbitrators, would suHiciently show that he did not desire any thing unfair." He states abu, tliat he was afterwards informed both by M'Kenzie and James Grant, that as far us tlie latter was " concerned as a partner, be entirely approved of what M'Kenzic hud done."
As the present tranaaction is, from the rank and circumstances of parties interested, as well as from the amount of property involved, one of those occurrences which will necessarily be brought before a court of law (the total deficiency of property at Fort William, on the re-occupation tliereof by the North-West company, having been stated in tlie deposition of William Smith and otlicrs (No. 379,) to exceed /[. 7,000) it is unnecessary to make &iiy detailci remarks relative therct-.). From the general tenor of the evidence, and the confused s^itements of M'Kenzic himself, there can be little doubt, however that, his statement is materially exaggerated ; whilst at the same time, from the v^me evidence, and the various documents filed by him, there can be as little, that there has been much imprudence and impropriety in the conduct observed towards him ; and that if the deeds in ({uestion were not obtained by the fear of immediate physical Ibrce, there must have been that degree of general apprehension operating on his mind, which would destroy hia free agency, and invalidate the legality of any deed he might be induced to execute.
The
RED RIVER SETTLEMENT.
231
, t I I O'l.t-
Tlic Hudson's Day post under charpc of Mr. I'cter Fidlcr, at Munitabo, vns 1'lie montli of plundereil by Scrapbini Lunnr, a clerk of tl»e Nortli-Weit company, and several of Sfpiembcr 181O. tiieir servants. The details of this chur|i;c huvo not been stated before me, by any perboii present; but it uppetirs by the deposition of V, D. iluertur (No. 23,';,) that , •
it was publicly ordered by Alexander M' Donald, a North-West (Nirtncr, who had directed him, Iluertur (an iiour or two previous to the arrival of tlie messenger with the iniellifiencc of the capture of Fort William by the Eiirl of Selkirk) to hold himself in readiui'ss to go otl' the next mornint; to pillaffe Mr. Tidier. From thu de|KMition vf Seraphim Lamar (No. 161,) it would appear, however, on tlie contrary, although the terms iniide use of by him are not |X)sitivc, tiiatthc proposition came from Huertur liimself, whom he states to liave first shown him at tlic council held after receiving the n(!ws of the capture of Fort Willinm, a paper which he had prepared in the nature of an address to the freemen and half-breeds, under the title of" Self Preservation," and in which he cncourancd them to make reprisals on the Hudson's Bay company, in seizing their goods at Lake Manitabo. ()n tliis charge a bill of indictment for robbery was found against Seraphim Lamar and others, at the Court of Oyer and Tenniner, at Montreal, in February last.
Captain D'Orsonnens, at the head of an armed party of men of the late rcgintcnt O" 'h* o'h Octo- De Nieuron, with several clerks and canoe-men in the service of the Hudson's Bay '**' *^'®' company, or the Earl of Selkirk, took possession of the North-Wcst post at Lac-la- Pluie, in consequence of an agreement with J. W. Dease, the clerk in charge thereof, whereof a copy is annexed to the deposition of Robert M'Robb, No. 273. It ii stated by Dease, in his deposition (No. 322,) that previous to his entering into the said agreement, he had received an order from Captain D'Orsonnens, a copy whereof is annexed to his deposition, to deliver up the arms and ammunition in his possession, with which he complied from dread of the armed force with D'Orsonnens ; and that a day or two afterwards the said Captain D'Orsonnens came to him in his own room at the North-West post, and informed him, in the presence of Messrs. Chateiain, Nolin, McDonald, Sayer, and Koussin, that the soldiers with him were resolved to enter the fort by force, and that he would not be answerable for the consequences which niiglit ensue, whereupon after some observation he gave up the fort^ with alt the property therein. D'Orsonnens, in his deposition, (No. a86) states, that having been informed of the preparations of the Nurtli-Wcst company, aad of the risk he would incur in attempting to advance by the River Winnipic, he determined to stop at Lac la-Pluie, and proposed to Mr. Dease to let to him some of the buildings in the fort, which for various reasons he would not do ; but suggested his desire for a good excuse to quit the place, even if he should go as a prisoner* for that lie greatly feared mischief would happen; that upon this, he told Dease that Mr. Miles McDonnell, governor of Assiniboine, was hourly expected, and that he was to give him legal warning to quit tiie place in six monllis, " and that, if he would lease to " him part of the buildings for that time, he would promise to do him the same " fevour after it should have expired ; tliat there was little doubt, according to " reports, that tlic band of armed ruffians, in number about 100, in the service of the " North- West company, who had blocked up the navigiatian of the River Wkiipic, " would immediately, on hearing of his arrival with so small a . party, make an " attempt to over-power him, and to put the threats of M'Ldlan, one of their leaders, " in execution : that if he could not be admitted to reside in the fort, he would " insist on its pickets being cut down, tliat it mig^t not serve as a place of refuge for " the murderers, whence they might sally out to destroy him, and the men who had " entrusted themselves to his charge : that he Mr. Deasa, would hioibelf see the ne- " cessity in wliich he was placed, and the propriety of delivering into his custody all " the arms and ammunition at tlie plaoe, to prevent it from falling into the hands of " those who were prepared to employ it for the destruction of their fellow subjects:" ,> " tliat to this Mr. Dease replied, tbiU notbiog could be naore just, and expressed his " readiness to deliver these articles to him, upon receiving from him a note to justify " his compliance to his employers." He adds, that on the 8th October^ while still remaining at the |>urtugo with his men, Nolin and Chatelain, two clerks of tlie Hudson's Bay coMJpany, iuforniedhim that " Dease seemed inclined to quit Lac-la-Pluie, if he , " would giv'j him a receipt for such of the North- West company's property as he " could not take with him, which he did next day, according tu inventories made " by Dease, assisted by Nolin and Chatelain : t nt he asked Mr. Dease after- " wards, it the j^oo^h included in the inventories mi{. jt be made use of by the clerks " oftli« Hudson's Buy company; and that he replied, that certainly they might . ■ ,'iS4. "convert
Inrlnnuru in^ir J.C.Sher- briMike't, ofanth July iMlS ; vii. M r. Coltman's llepiirt, Ac.
' _ '
(9 Ih October 1816.)
On lb« 7th and Ith Novtmbfr 1816.
S33 PAPERS RELATING TO THE
" convert them to what purpose they pleased." John Allan states, timt Dcaseon his arrival at Fort William, related to him what had passed at I.«c-la-Pliiie, nearly to the same purport hh above stated by Captain D'Orsonncns : — ('hatelin and Nolin in their depositions (No. 323 and 310) rcs|)ectivcly state, that no violence was offered, nor to their knowledge wau any menace made use of towards Mr. Dease, who, Nolin states, expressed even his approbation of Captain D'Orsonncns' conduct; but he also further adds, that Uease having been infurnuHl, tiiat ho must deliver u|> the fort within six months, preferred doing so immediately, whilst ho could go away by water ; a circumstance which appears in a great measure to exphiin the apparent contradiction of the preceding evidence.
The Earl of Selkirk, Captain Matthey, John M'Nab, Frederic Graffcnriid, John Allan, and John Spencer, were arrested at Fort William by William Robinson, in virtue of a warrant from David Mitchell, Justice of the Peace for the Western I)is< trict ; copy of which warrant Robinson annexes to his deposition (No. 27.'),) and states, that immediately after arresting the said three first-numed parties, on the 7th November, he left them respectively in charge of different (lersons on whom he called upon for assistance on the occasion ; that the person whom he had left in charge with Captain Matthey, came to him and said, that Captain Matthey would nut suffer him to remain over him ; upon which he (Robinson) went to Cuptuin Matthey, and repeated the complaint; to which Captain Matthey replied, " that he did not " want the man after him ; that if he continued over him, his men, (meaning the " armed men) in the fort, would rise;" or some such expressions, indicating oppo- sition from the armed men in the fort ; and he adds, that apprehensive of some violence being offered him, and not having n sufficient party to .support him, he took no more charge of the said Captain ^intthcy, but returned to the coffee-room, where it ap()ears that he and \m party had taken up their quarters; that whilst there he was sent for by the Earl of Selkirk to his room ; when the Karl observed, " that " the warrant was issued by a drunken magibtralc, who was over persuaded by a " glass of grog," or words to tliat purport. , ,, ., , ,,..■,.
And he further adds, that towards the evening of the said 7th day of November, the said Captain Matthey came to him and his piirty, and told him, tliut Lord Sel- kirk said it was too cold to turn them out of the fort to pitch thiir tent, and ap- pointed the Bell }Iousc for their reception; to Mhich he replied tliiit he undtrMood the Bell House was their common uuol, and that he would nut go into it ; to this Captain Matthey answered, that if they would not obey his Lordship's oidcrs wil- lingly, they should do so by force ; whereupon he (Mr. Uohiiison) declared, that if any man dared to lay a violent hand upon him, he would blow his brains out, tiiat he was on his duty, em would not be ir.olestcd ; that shortly afterwards ('aptain .Matthey went out and brought back a guard of a serjeant and six men, all armed, belonging, as he believes, to the late Regiment Da Meuron ; which ^uard lemained the whole night in charge of him and his party, and appears to have coniinucd at his (juartcrs as long as he remained. He adds, that the next mornini!, beii g the Sth November, he went to Lord Selkirk, and asked him if he would com|)ly \iith the warrant upon which he was arrested; to which Lord Selkirk replied, " no, 'le would not," where- upon he retired ; and then proceeded to arrest the other ^ersons named in the warrant, and did accordingly arrest Lieutenant Graffcnieid, Mr. Spencer, and Doctor Allan, all named in the said warrant; and who did then and there declare to him, that they would not obey the said warrant unless Lord Selkirk did.
He further odds, that fearing some bodily injury from Lord Selkirk's people, if he attempted to bring away the said Lord Selkirk and the other persons arrested by virtue of the said warrant, he departed from Fort William the following mornin<^, l)eing the 9th November: — and he states, on his oath, that had it not been for the resis- ance aforesaid, and the fear of the armed men occupying the fort, he would have brought the boaies of the said Pari of Selkirk, and the other [Hiisons arrested with him, before some magistrate, according to the exigency of the warrant. 'I'he general purport of this statement is confirmed by the depositions (No. 270 and 273,) of James Taitt and Robert M'Robb, clerks of the North-West company, who were present at Fort William.
On the part of the Earl of Selkirk, the only evidence is John Allan, who does not go fully into the subject ; but states, in his deposition (No. 280,^ " that on the " Stli November, the said Robinson, announced to bini, tiiat he had come to arrest,
in
ini m( aft
«i
«( t<
«
RED RIVER SETTLEMENT.
S3.1
I f)i»
ly to
In in )red, Jolin (also
[thill r; a Uion
in the Kind's name, producing, as tiis autliority, a warrant signed David Mitci)cll, inclotur*
by whicii lie observed, lliuttiic entering Furt William to arrest the partners on tlic '"Sir j. c. Sh«r-
ijlh Auj?u3t, iiad baen construed, on tim oath of one lloussiu, a clerk of the North- ji[,'|'"'"l' u*^.'"'''
West company, into a riot ; and that himself, as well as the Karl of Selkirk, and MrColtmiiii't'
many other individuals, were required to appear before David Mitchell, at Drum- Itriiort, itc.
" mond's Island, to account for the same. That the said Hohinson cumc to arrest him
" after his canoe was ready to set out on his return to St. Mary's, and that he then (7''' i""! 8tli No-
" informed him, that he ex|)ected from him the same answer whicli he had received ^'"""*' ' ' '
" from some other gentlemen, and that he had no intention to take away any gentle-
" man by force ; that he learnt from Uobinson, that he had formerly been nerjeant-
" major in the 4 1 st regiment, and had been made a constable on purpose to execute
*' the warrant ; which, as he stated, had been brought, ready made, in a canoe of the ,
" North- West company, with himself, from York to Drummond's Island, Mherc it
" was signed by David Mitchell, aforesaid. That in refusing to submit to the war-
" rant of David Mitchell, he was not actuated by any desire to avo'.d answering the
" charge of hiving committed a riot by assisting, on the 13th of August, to arrest
" persons accused of treason and murcler, but by a suspicion, which he had good
" reason to entertain ; that from serjeant-major and constable Robinson, though to
*' appearance a decent man, while under the influence and in the pay of the Nortii-
" West company, he could not expect |)rotection from their vengeance, any more
" than Mr. Kevcney had obtained from color serjeant and constable Ileinhard."
A canoe with goods, sent by Vincent Roy, a clerk in charge of the North-West Tdward* the end •( post at Leach Lake, under the orders of one Dalcour, for the alledge<l purpose of November 1817. wintering at the Lake de Travcrs, was forcibly seized by Mr. Pambrun, a clerk of Lord Selkirk's or the Hudson s Bay company. The particulars are stated in the depositions of Gabriel Lalonde dit Latreille, and 1. 13. Chovin (No. 324 and 325,) and the taking of the goods is acknowledged by Pambrun in his examination annexed to the former deposition ; but he denies having used fore or menace, or having had any intention to steal the goods, but merely to prevent their being sent in aid of the rebels on the Red River. On this charge a hill of indictment for robbery was found against Pambrun, and others, at the Court of King's Bench, at Montreal, in March lust.
Fort Douglas was taken forcible possession of by Captain D'Orsonnens, at the Qd the lotb Juna* head of an armed force, of five or six and twenty men, accompanied by Miles ury 1817. M'DonncIl, Alexander M'Donald, late of the Glengary regiment, and Mr. William I^idlaw, on which occasion they arrested Mr. Archibald \rlxllan, a partner of the North-West company, in charge of the post ; and Francois Mainville, a half-breed, both accused of having participated in the murder of Owen Keveney. It appears by the dei)ositions of J. B. Miii<!', (No. 183,) and Joseph Gauthier (No. 326,) that after taking possession of the fort, D'Orsonnens and his party converted to their own use the property found there ; by those of Basill Belunger (No. 327,) Pierre Soussi (No. 328,) and J. B. Miiif' \^No. 329.) The former of whom was arrested under a warrant of Miles M'Doniiell, for having concealed some goods belonging to Archibald M'Lellan, and having in his possession ditferent articles formerly belonging to the colonists; that whilst detained a prisoner, his house and the whole of his provisions, and proj)erty of every kind, were seized for their own use by the said Miles NI'Donnell and his party ; by those of Joseph Laframboise (No. 330,) Jean Baptiste Desroches {No. 331,) Francois Viger (No. 332,) and Jean Crebassa (No. 333); that a parcel of provisions belonging to the North-West company, brought by the two first from Bas de la Uivi^rc to Fort Douglas, were seized for their own use by the said D'Orsonnens and M'Donncll. Ihat a party from Fort Douglas accompanied them on their return to the North-West post at Bas de la Riviere, and took possession of the same ; and from time to time made use of the provisions, merchandize, and other articles at the post, belonging to the said North-West company, p : if they had been their own. That, during tlie course of the winter, Desroches was induced by menaces, to discover to the said D'Orsonnens and McDonnell, two places where provisions be- longing to the North-West company were hid ; which Laidlaw and others imme- diately took possession of, and converted to their own use ; and that, on the 20th of May, Captain D'Orsonnens himself came to Bas de la Riviere with two boats, which he loaded with provisions belonging to the North-West company, and returned with them to Red River ; and John Crebassa and Francois Viger were arrested and taken away prisoners to Fort Douglas, where ttiey depose to have heard whilst confined, various violent declarations made use of by the said Miles M'Donnell, Captain D'Orsonnens, and others with them, relative to tlicir intended hostile proceedings 584. 3 O towards
tS4
P A P E n S R E r. A T r N G TO THE
in Kir J. C. Sh«r> bro«kt •, "I lolh .Iiilf l«i* i v<r.. Mr. ri)ltinan't Rf(Mirt, *r.
(mill January
townrds thn North-Wrst coniiMiny':* p«irtv. «"cli ns tliat it' th« fort wnn attnrked, llie pri«(iii<'i>t \v)io uim tlicre ><)miiiIiI hII I)o killiul by tlio Mt'iiron s«lili«>i»; aixl thai n nol iff Milled by t"it|>uii» D'Orsoiiiu-iiH, onhiinn ihu Mniron solilit-rs lo kill Hny piiitoiur ulu) kIioiiIiI att('iii|it tn r'tMix*. wan put up iit Fort IXmi^Imn ; lliiit u lar){e pun (HMif nils to Im> mmiI troin Pvku Uivcr, to capture all the |iur» ut the North- West rninpuiiy roiiiini; from tlic Norlh ; a circiiin^tuiu'o which was iVcqueiilly rp|teutu(i t'ruiii (jirt'trent qimrtrrs; and t'iiith( r, that it was ittutcd by Serjeant Witscliy, iliat no boats bilonijiii!; to the ^' rth-U'e*t company would lie alioucd to |>aiw Fort Douglas, but would lie Himk by the cannon nhich were under his orders. Witschy, in his deposi- tion (No. .!.! I ) admits that he heard ('aptain ] )'( )rH0unen.4 xay, that he was to ^o at I lie lir^t (ifieninK o> the navigation, to stop titc canoes coming I'roin Athaliuseti; tnd Ihut Ibr that pur|H>se, he should take ten or twelve of tItc dinchar^cd soldiers, mIio had en^nfied will) Lord Selkirk as settlers. That durio); the month of June 1S17, tlic hrtlf-hreeds havin/' come down to the neijjhbonriiood of F«)rt Douglas, Sayiiij» thcv would pii-s, he was onk-red by Captaiti M'Donnell, generally ealicd Governor .M'l)oiu)ell, to tire the cannon upon any bout that slioiiid persist in passuig (the halt-breeds having; been inforiwd thereof by the governor.) 'I'hat towards the tfnd uf the month, the Karl of Selkirk arrived, and caused tlie proclan)ation of The Prince Kc^cnt to l>c read, on the next day but one after his arrival ; and that himself having read it, he added of Ids own accord, " all the world then is tree and may pass as they choose." That <lurinj» the winter, when the fort was blockaded by the half- breeiU, oome dischar;;ed suldiers said, tliat in case of attack it would he iiccvaitary to kill the prisoners. M'iien to discourage such $|)ceches, he himself i>aid, tliat in oau^ of need lie would rather defend the prisoners than allow tlicmtu be killed in such a iiianner, and that he d(H<s nut think tiiat they were serious in what they vaid. On tliQ part (if those churged u ith tlie various acts of illegal viuleucc, no justihcation has been atteni|iled. Jacob W'ithcliy states, hotvevcr, in his lust-mcntioncd depokiliou, tliat uu iiiv( ntory of the {troperty found at I'ort Douglas, was made by ^Ir. Luiiilaw unci Mr. Codot. And Ouptiiin D'Orsonneni, in his deposition (No. a86,) states, that a quantity of artillery, umuiuiiition, arms, and odier articles belonging to the Karl uf Selixirk, »ere fouiui at I ort Douglas. And that four pieces of lulillery, of which til .setik incut had been phnidered by the North-\\'est company, were also found ut th po« at Has de la Kivit^re, together «vith a Inrnt and otlur pro|)erty, formerly belonging to Mr. Keveney ; and timt having found in the possession of Aix'hibald M'lxllan, a letter siuned Alexander M'Donnell (copy whereof is tiled, deposition No. 337, and has l)een hereinbefore relerrcd to,) which spclie of tiie assassination of the J'.url of Selkirk in the river Winnipic, and not <loubting that such a crime would be nli-nipted bv the Nortli-NVest coinp.mv, he judgi-d it necessary to put the fort at l.as dc la Jiivi^re, in a state of detence, to piwent the North- West company from occupying it. and stopping the pas.sane to the Karl of Selkirk and the King's commissioners. The l)est excu.se for, or palliation of the proceedings of, the Karl ot Selkii-k's parly ot this perimi, appears however to Ih' the sincere opinion np|)arently entertained by them, that Uicir opponents were to lie consideied »s rebels and enemies to governiiieu^ as well as to themselves ; and tlint tlie necessity of the ca.se uuthorized proceedings, which would otherwise have been utijuslitiable. The violences commiittd bytheNorth- West party at Red ilivcr durint, ihis jieriod, lieginning Irom their receiving intelli- pence of the capture of Fort William, will be lound di tailed in the deposition of Frederic D. Huertur, (No. .^,3,'),) who states, that immediately after receiving the news of that event, a council was held at Fort l)(iiiglns, by the partners and servants of the North-West company, and u certain number 0I free Canadians uiid half- breeds, when M'Donnell stated to the " lr«*'men that they must promise to take up " arms to defend the country and to prewnt the Knglish or the F^url of Selkirk from *' entering the river, and told those wlio were unwilling to make this promise, to pack " up their baggage and quit the country immediately ;" that most at' the Ireemen, rather than quit the country and leave their fauiilies, promised to hold tliemselves at the disposal of the North- West company ; that M'Donnell uccordinglv sent a party of the freemen, under the command of Seraphim Lamar, to plunder Mr. Fidirr, us fiereinbcfore mentioned, and proceeded himself with i.'0 to 2.'5 half-breeds, clerks and servants, and from 20 to 2/) Indians, of whom Magicubucori was chief, to Has de la Kiviere, where anollier council was held hy Mr. Alexander M'Donnell and Archibald W'UHan, at which himself, Cuthhert (irant, Cudot, Keinhord, Alexander Fraser, Wiliiiun Shaw, liostonois, Pungiimn, and several other half-breeds, about 20 in all, were present, and in which Ai'Donnell pro[)Osed to the liulf-brccds to proceed to
Fort
f
(
RED RIVER SETTLF.MINT.
«35
Tnrloiur*
Fort William for the purpose of tnicint; it, and iti caao thoy vliould meet tlie Knrl in Sir J. c. MMr- ol Sclltirk, or uiy of bis pi-ople, ou tiM- Huy, lliat tbey slioultl plocc tlieuviiviH iu lirookf't, of toth ui)l)iuli nuur the river, and fiie upon and sink liiem, while pu^ugcd in puHHini; tlic |"'>' ',*'•> **«• rapids, tnd tliut the Chute do Uoniiet whs purticuliuly incntiuncd as a plitcc kIilto itl.',„,*rt atT"* they nii){lit till Ite easily destroyed ; that the Imlf-brceds would not concur in this plan, ^ " '^' and coiiseciiicDtly one canoe only was sent oil' for the puriwsc, as he understood, of . obtrtininii' inl«'lli)ience, nntlcr coniiiwrnl of Arcliibuld M' ricllun, aecompanied l»y Chiirles Vsiij """"^^ Reinhard, Cuthbcrt (irunt, and Jitseph Ca(bt, (by the former of which three, Owen Kevency wus murdered, during this voyn^c, ns herein- before mentioned ;) that after ' th« canoe wuh gone, Alexander M'Donuell told him, tliutit was a ureut |Uty thehulf- brccds had refused to go, as he (M'l)onnell) hud intended to .send aim to the vicinity of Fort William, to »\mak secretly to the men of the Ue Meuron regiment, in tbo icrvico of Lord Selkirk, and to seduce them to desert, and join the North-West company, and that it was his plan to have offered them a reward of /[./^oo collectively, and double wages individually, if thoy would cMi^eiit to abandon the Karl of Selkirk, and that he would then have retaken i'urt William, and brought the said l)e Mcurons to winter at Ued River, if they chusc; that the said Alexander M*l)onnell and Archibald M'Lellan, assembled about 20 or 30 Indians, among whom was the oli| $uulteur cliief, culled the Premier or (irandes Oreilles, where M'Donnell niado. a speech, which Cadot interpreted, wherein he exhorted the Indians to take courage, to place their confidence in the North- West company, who would always befriend them, and supply their wants ; and told them, that if they allowed the Knglish ^thq term by which the Hudson's liuy company's |)arty is known amongst the Jndians,) tQ return to the Ued River, they would brinjj soldiers who woidd destroy them with their women and children ; but not to be ahuid, that the North- West company would protect them, and would never allow the Knglish to return. Iluerfur bubsequently details the dilTcrcnt means of intimiJutiun and iorce made uife of by the North- West party, and cspcciully by Cuthbcrt CJrunt, subsequent tu the capture of Fort Douglas, to assemble a sufficient number to go down to the fort ami demand tjic liberation of Archibald M'Ullun, Seraphim Lxnmr and Muinviile, wii' \tere detained us prisoners, and if possible to recapture the fort; op which occasion lie says, that Antuinc Houlc, one of the half-breed leaders, ujudc use of the expression, " II faut en tucr " quelques uns pour montrer un exem|)le a ccux qui nc vcident pas nous joindrq " pour fuire marcher Ics uutres;" and he adds, thut with the force thus raised, Grant came down to the neighbourhood of Fort Douglas on the 2(i March, and that after the party had encum|K'(l, (irant sent a freeman of the name of Soucisse, to the fort with a letter, and after rcceivinf{ the answer, informed the half-breeds that the governor refused to deliver up the priboiicrs, and that he. Grant, had sent u ehallenga to the people in the tort to come out and fight them at 8 o'clock next morning ; that on the 4th Murch, their provisions bei^inning to fail, although they had taken and killed two cotvs und otu; heiter, belonging to the colony, it became necessary for tite party to return ; that Cudot then jiroposetl to go to Pembina and kill a party of Lord Selkirk's people, who were tiicre, saying that they must not return home without striking a blow to maintain titeir wurlikr reputation; but that tliis was finally over- ruled by Grant, w ho replied, " Nous ne sommes (tas des barbares, et nous rctourneroni " h la Riviere Qui Appelle," which appears accordingly to have been done.
Ttiis statement, as far as relates to the system of intimidation and violence pur< sued by the North- West party towards tiic tree Canadians, to compel tliein to tuko up aiuis und join in the expedition ubove-'mcntioned, is confirmed by the depositions of Jacques Amelia and Baptiste Mursulois, Michel Dauphine^, and Charles Truncliemontagne, Antoine Pay^r, JciUi Uaptiste Davis, and Charles Beaulino, (Nos. 176, 3:)y, 340, 341, and 342) whilst Edward Uoisvert in his deposition, (No. 343) states his being made |)risoncr in tlie king's name, by a party of the half-breeds, who took him to their fort at Qui At)pelle, where Alexander McDonnell endeavoured to induce him to engage himself to the Nortii-AVest company, and tliat refusing so to do, he could obtain no clothing, and was obliged to work for his food, and was compelled also to wake u declaration of the seizure by Miles M'Donnell at tlie Portage Kca( t^, of two btigs of bull, a barrel of gunpowder, a barrel of rum and a case of lusils, concealed there by the North- West coui|)uny, as well us of the threats of ca|Huin D'Orsonnens to lire with ball, according to his orders, on the first North Wester he should meet with ; w iiich declaration, although true, he would not have nimie but from Alexander M'Donnoir.s asjjurunce that he was bound in law so to do ; of tlie circunibtunces which occurred on the hulf-brccds coming down the second time
5«4.
to
236
PAPERS RELATING TO THE
lodaiure in Sir J. 0. Sher- brooke'it of loth July 1818; vix. Mr. Ciiltiiian's Report, ice.
On or about 43d JaL-uary 1817.
to Fort Douglas (as mentioned by Witschy) no details have bee'.i laid before me, with the exception of the account piven by the "Sonnant" Indian, in bis speech oi> the 17th July 1817, at the council held by me with the Indians at the forks of Red River (Paper, No. 409,) of those proceedings ir which he took part, and of the unsuccessful attempt to arrest Grant and Cadot. witnessed by hiin.
Fort Weddsrbum, the principal post of the Hudson's Bay company, in the Athabasca country, was forcibly taken possession of by the servants of the North- West company, under the orders of Archibald Norman M'Leod. It appears to have been taken by surprise, whilst Mr. Clarke, the person in charge thereof, Mr. M'Kenzie and Mr. M'Farlane, two of the Hudson's liay clerks, were dining by invitation with M'Leod at Fort Chip()cwaw, the principal NortIl•^^est post of Athabasca. Hector M'Neil, at that |)eriod a clerk in the service of the Nortii-West company, states, in his deposition (No. 360,) that he was present with M'Leod at the time, who, on seeing a dag hoisted as h signal of success, came up to Mr. Clarke, and pointing to the Hudson's Ray post, said to him, " Your fort is taken ;" and turning to M'Farlane, tapped him on the shoulder, and said, " Yeu <ire my prisoners, and here you shall remain till you satisfy me." That M'Leoi then called Mr. Clarke, Mr. M' Kenzie and Mr. M" Farlane, togcthtr with hiiiself, into his own bed- room, when he produced to them a letter, containing &i account of the capture of Fort Willinm, and stated that to be the cuse ui his proceedings, which u,ider such circumstances they could not blame ; that afterwards he obliged Mr. Clarke, by the tlireats of continued imprisonment, to sign an agreement, binding himself t} deliver up tiie arms at his post, and to sign an order for a similar delivery of •.lie arms at the posts of Great Slave Lake, and Pierre aux Calumey; and on the siime being complied with, Mr. Clarke kas set at liberty, and allowed to return to his post, but a party of the North- W;st company's servants were maintained there as a guard. As the acts of illegal violence, which the North-West company are charged with having committed in the Athabasca and adjoining country, to the north-west of Lake Winnipic, for the purpose of expelling the Hudson's Day com- pany's servants therefrom, are numerous, and at tlvj same time appear strongly illus- trative of that general system r : illegal monopoly, of which the former comoany i& accused, it appears necessary nortly to trace their proceedings (as far as they have come before me) from the |K>riod of Mr. Clarke's going into that country in the au- tumn of the year 1815, with the party which had been engaged for that purpose bjf Mr. Colin Robertson, as hereinbefore mentioned.
It is stated by Francis Bonnin, a freeman, who after having sci-ved the North- West company 1 5 years, had been allowed to settle under their protection at Lac la Pluie, in his deposition (No. 301 ), that having made a present to Mr. Robertson and t/j Mr. Decorgne (a clerk of the Hudson's Bay company), who were in absolute want of provisions for their journey to Athabasca, of some potatoes, he was much abused for having so done, and threatened by Mr. Leitii, a partner of the North- West com- pany, with being turned out of his farm, and sent down to Montreal as a punishment. By Antoine Pay^, on his deposi»'on (No. 340), that in September 1815, lie was placed at the forks of Peace Rivei', by order of Edward Smith, a partner of the North- West company, for the pur|)ose of preventing any Indians from going to the fc:t then building hy Mr. Clarke in the neighbourhood of ttie cliicf North- West post at Athabasca ; to detain any game, provisions or furs whicli the savnges might be taking to the Fnglif h ; and in case o'" opposition by the Indions, to take what they had by force, and send them to the North- West |)ost, where a liijht cai.oe wtis also at ell times kept in the water, ready to pursue any Indian canoes tluit might attempt to have any communication with Mr. Clarke, and that in case any of Mr. Clarke's canoes went out, they were innnediutely pursued by a canoe from the Nortii-West company ; that during this time, Mr. Archibald M' Lcllun and Mr. Fraser, pnrtnerii of the North- West compony, were at the fort with Mr. Sniitli ; that he (Piiy^O win- tered at Cireat Slave Lake, and after the arrival of Mr. M'Auley, of the Hudson's Bay company's service, he was sent by M' Leilan to tix himself in a lodge, together with one Pierre Blaye, within forty or fifty feet of the said M' Auley, with orders to allow no savage to go 10 the Englisli encampment, and to beat llit in if they persisted in doing so; that some days afterwards he took away with liim a band of savages, with whom he passed the winter, in order to i)e certain that they took no provisions or ttirs to the English ; twu other Canadian servants, of the names of Elotte and Mickles, being sent in charge of other bands; Pay^'s further states, that the jHisons who perished by hunger the winter l8t5/i(3, went from the pv^t of Mr. Clarke at
Alhabuscn,
<i «
<t i< It «< «
IlED RIVER settlement;
i37
Atlip.ba8ca, which he had been employed to blockade, and that he sincerely believes, . '"f'"f"5 that fhcse proceedings of the North- West company prevented Mr. Clarke, during the [,".,|„i,'/j ^f^o'i"' fifteen days he remained at that post, from obtaining a sufficiency of provisions, or juiy jgia; viz. procuring hunters when he set out for t\'e upper posts of Peace River, and that this Mr. C'oltman'» was the cause of his losing eighteen or nineteen of his people. Several details re- I^<^l''>f'' Re- specting the occurrences on Peace River, will be found stated in the intercepted j^p'^ ■ Utters of William M' Intosh to John M'Gillivray. dated from Fort Vermillion (one Jg^'. ) "^ of the North-VVest posts on Peace River), the 24th November 1815, and from the said .John M'Gillivray to the agents of the North- West company, dated Dunvegan (another post of the North- West company on the Peace River), 17th January 1816, of both which letters attested copies were filed before me (Deposition, No. 168, marked B am) C) ; the latter contains the following summary of what had occurred up to that date in the Athabasca country : — " Our opponents dispersed their forces in the fol- " lowing manner ; viz. two canoes, two clerks, were sent by them to Slave Lake ; " four canoes, three clerks, with twenty-seven men, remained in the environs of Fort " Chipewaw ; and Mr. Clarke, with eight canoes, six clerks, and fifty men, pro- " secuted his voyage for the invasion of this (Peace) River, I passed the nrmada
" at River (wliere they had put ashore, to send a Maskigon Indian they had
" brought with them from Cumberland House, a hunting), and uiadc the best of my
" way, accompanied by our seven canoes, to Fort Vermillion, where matters wtro
" arranged as expeditiously as possible, and I continued the voyage to tliis place
" (Dunvegan), where I arrived the 20th October. Just as I was starling from
" Fort Vermillion, Mr. Clarke's own canoe arrived, and as he was destined for this
" place, which he meant to make his head-quarters, I naturally concluded lie would
" make his appearance vcvy soon after me, and consequently lust no time in taking
" every precaution my judgment could suggest, in getting the natives off to their
•' hunting grounds, and out of harm's way, as quick as possible ; on tiie 1 st November
" they all started." Me then goes on to express his surprize at receiving no intel-
iigencc, as he had left orders with Mr. M' Intusli to send him an express, as soon as
any part of the opposition settled at his pl;\ce (Fort Vermillion), but whic)' he was
prevented doing by the tardy movements of the latter ; which he dctiiils as fc Mows : —
" Mr. Clarke remained ten days in his encampment at Fort Vermillion, living upon
" button de rose, waiting the arrival of his canoes; getting at length anxious respect-
" ing their non-appearance, he sent down M' Dougall (one of his clerks) with his (jsd January 1817.)
" canoe and six men, to know what retarded them ; M' Dougall found them a little
" above Loon River, starving like church rats, and many of them so much reduced
" that they were not able f- stand. Young Nolin, accompanied by twelve men,
*' embarkeil on board twoHj^ot canoes, and made tiie best of their way in a wretched
" predicament down to Fort Chipewaw ; twenty-four of the most vigorous and active
" men were then selected in thioe canoes, with an assortment of goods, accompanied
" by M'Dougall, Godin and Lii Ronde (clerks), and proceeded upwards to join
*' Mr. Clarke, leaving twelve men and two clerks in their encampment, with the re-
" sidue of their g'io<is ; someof the latter mentioned men were in a most deplorable
*• sttite when they saw them last, by starvation. At Point de Roche the j)rogres9 of
" the above-mentioned three canoes was completely stopped by starvation. Godin
" and La Ronde made shift to walk along the beach till they met Mr. C'lurke, who
" left his encampment at Fort Vermillion, whh his two men, being of opinion all his
" people had returned back to Fort Chipewaw. Mr. CUrke then made another
" effort, and visited a small band of the Fort Vermillion InJians, who had it not in
" their power to alleviate his distress, as some of Mr. M'Intosh's men were with
" them, and they were .starving themselves ; during this time our Mr. Archibald
" M'Gillivray «ent down to Point de Roche, to learn something respecting the
" movements of our opponents, and he found .M' Dougall with the men he had
" with hiu), reduced to the very last extremity by starvation ; M'Dougall with
" eighteen of their men delivered themselves and goods over to the Norili-West
" company in order to save their lives, as they must have inevitably perished othcr-
" wise. One of these men dial of starvation on his way to \l' Intosh's, and the
" others were a true picture of the resurrection." Sucii, with probably some further
details, which have not been filed before me, were the accounts which appear to have
been conveyed by the North- West winter express of 1 8 1 (>, taken by Colin Robertson,
anil it is respecting these, that Alexaiuler M' Donnell, the' North- West partner,
observes, in his letter of i;jth March 1816 (whereof un e.Uract was proved before nic
by Colin Robertson, Dei)osition, No. 167,) "Glorious news from Athabasca;"
584.
3l»
uuo
23S
PAPERS RELATING TO THE
Inclosnre in Sir J. C. Slirr- liriiokf's, of jolh July 181H ; vi/, Mr. Cnltm»n'si Ki'|>ort, &c. v^ . J
iiiid tliat CutbbertGritnt (in a letter oftlie same date to Alexander Eraser, whicii 1i«s been filed before nie, Ue^wsitiun, No. 168, marked J.) says, " You must know that " Uolierison's tuniona Clarke is gone to pot, his men liavc all left him, two of them " «!oad of liunger, and the rnst aro always in danger of Iwiii!^ eut off by the natives " there, which will give Uoberlson a terrible; fever when ho hears.of it."
The intercepted letters of Colin Campbell, s clerk to M'Robh and Cowrie, two (i;5dj»i!iaryi8i7.) ^^^^^ clerks of the North-West company, dated Diaivegtm, lothAfay i8iti; and of John Duncan Campbell, a partner to Edward Harrison, a clerk, dated Cmnbcrland House, (ith April 181G, filed before me (Deposition, No. 240, marked A and U) con- tain further details of Clarke's prty ; the former in particular states, "that the anange- " ment entered into by M'Dougall was to deliver up all his goods and men to the " North- West company, if they would but save their lives in giving them provisions, " and that they would enwr-je not to serve against that company for the term of one '• year ; that one poor man died of hunger before he could get to the house ; that " Clarke, after being repulsed in all his attempts, and losing three n"^ re men by starv- " ation, was glad to come to terms, and deliver up all his goods, say about (io pieces, " till next December, for the sake of 700 lbs. dried meat and pemican, enough to " take him and his remaining crew down to Fort Chipewaw, Ibr which place he set " off in January ; that in the fall, twelve men of his in two canoes, conducted by " Fraiifois Nolin, attempted to return from Loom River to Fort Chipcwaw, but in " the weak state they were, they all perished except three men ; Clarke, on his " iirrival at Fort Chipewaw, finding that his |)eople were starving, and wishing to " leave him there also, made another agreement with Messrs. I'Vaser and Smith to " 'ic&\ him and people, for which he is to remain quiet iintil the 20th instant, and nut " have any thing to do with the Indians, ut the same time all expenses must be paid ' by him out of their goods at the North- West rates and prices. At Great Slave " Lake, Mr. M'Lellan was also successful in making M'Auley capituhlc early in " the fall ;" w hilst Robert Henry, a partner of the North- West company, in his letter to his uncle, Alexander Henry, of Montreal, dated F'ort William, tiie 22il May 1816, recapitulating the whole loss of men by the Hudson's Bay company the preceding winter, states it to have been "north of Michipicoton and the I'ec, 4 of their men *' starved to death, 6 deserted, and fi died nt the Buy of the scurvy ; 2 starved to " dtuth in Lake Winnipic; 2 drowned, 22 killed on Red River; 16 men, 1 woman, " and 1 child starved to death, some of them eaten by their surviving companions at " Athabasca."
Previous to these occurrences in the iutcrioi bcin^ known, it had been resolv<:d h<j tlie partners of the North- West company at Moulrcal, i!nit Mr. A. N. W}jioA, oira of tlie agents, should winter the ensuing year in Athai>.:"n, tor the purpose of endeavouring to drive the IIudM>n'.s Day couipany's people froui tiic country; their views in thi.s respect aro o|)enly stated in u letter from John M' Tavish, one of tlie Montreal partners of the Nortii-West coinpuny, to .\ichibald M'Lellan, dated Aloiitrcal, '.;()tU' May ii>i6, filed before me '^Depotsitiun, No, 240, marked D.) wherein he states, that " Mr.s. and .Mi.ss M'lxod are preparing to cross the Atlantic, " in consequence of his iutentiou to v\ inter, Mhich I liupe will be productive of the " general good exjiected from it, in the arrangement of Athabasca ; and I trust the " Hudson's liay people could not be able to CKtabllsb themselves lust muUcc on such " a footing in that <le|)artiu('iit, as to render their ex^Milsioii from it a serTJce of dit>- " ficully and danger. " M'Leod appears accordingly, after a short i\ny at Fort William, on liis return from the exfieditiou to Red River, au hereinbefore detailed, to have set out fur Atliabascik Joseph Sanslueuii states in Deposition (28J,) that meeting him going into tlie interior, ^I'Lcod said, that he was to " bring tlie Itlngiinh in Athuba!!ca into order, ' and vaiious details of his proceedings will he found slated in the depositions of (ieorge I'etor Andries, formerly a clerk of the North- West com- pany (No. J.lS,) of Hector M'Neill, also a clerk of iliat company (No. ^(io,) and of Frain'ois Descliamps, (Jeorge Junes Alexander M'Dougall, and Ltiennc St. Pierre, in the service of the Hudson's Bay company (No. 354, 3,36, :;,",7, and J.^i),) together with some few further particulars in thioie of eluven guides and canoe-men in tlie service of the Norlh-West company (No. .](ii and 371,) who were examined by me at a period when considerable uppr<ehension wih> entertained for the personal safely of the iluilson's Hay Company's .servants detniued in AthaUihca. The aforesaid Andries, iu his depotiition, states, " in consequence of finding he could not continue in the service of the NorlirWest company without lieiiig urged, to the tommibsion of crimes, or incurring ii.e risk of cruel treatment and jiersecution,
in
R]TD RIVER SETTLEMENT.
23!)
|li lias
that
J them
laUves
Meces,
in case of refusal to coniintt tlicm, he formed tht; resolution of leaving tiieir service, ruelosuts which lie did in tlie iiiontli of May 1817, at which time ht iett Fort Chipewaw, in Sir J. c. Shcr- and cainc across tlie country to Hudson's Hay, in order to avoid encountering any of •''""''"'''f *?''' the partners of the North- West company." He further states, that Archibald Nor- m/. l-Jtmm'"' man MM^od arrived at Fort Chipetvaw about the middle of September 1816, where Itrpori, &c.
hp publicly and frequently announced his determination to expel the servants of the ^- ^^ ^
lludsoc's Day company from the Indian territories, and of destroying and annihi- (■^jd January 1SJ7.) lating their csUblishments in that country, as prejudicial to the interest of the North- West company ; that the said M'ljcod often repeated publicly in hi.s hearing, " that Mr. " John M'tiillivrav and Simon Fraser (partners of the North-West company,)had been " entirely too lenfcnt towards the servants of the Hudson's Day company tlie prd- " ceding year; that it was ridiculous to be scrupulous in driving them from the " Indiun territories, and in destroying their |K>8ts;" and he adds, that M'Leod said publicly in his hearing, " that he leottkl stand at m Irifk, and I hat it would be ridi- '• culous to do ao, in order to etfect tlie ticstruction of the posts of the Hudson's Day " company, and in expelling their servants from the Indian territories;" and he fur- ther adds, " that some time after tlic arrival of the said M'Lcod at Port Chipewaw, " and subsequent to tlie declarations of tlie said M'Leod as above stated, John *' Stewart, a partner in the North- W-Jt company, arrived at the same post about tlie *' beginning of October, bringing intelligence of the arrest of divers partners in the *' North- West company." It further appears, by the various depositions aljove- inentioned, that as Mr. Clarke was going into Athabasca in charge for the Hudson's Iky company in September 1 8 1 (>, tie was passed at Portage La Loche, about four days paddle from the principal Hudson's Day post in Athabasca, by Archibald N. W'l^eod and Tiiomas M'Murray, of the North- West company ; that on arriving at the Hudson's Day post, Mr. Clarke and his party learnt, that M'Leod had the same iJay made prisoners ami taken away Duncan Cuinpbell, the person in charge of the post during Mr. Clarke's absence, and Auley M'Auley the principal clerk, who appear luiwcvcr at the end of three days to liave been liberated ; this is stated by Aodries to have been done under pretext of a quarrel, which he believes to have been provoked at the instigation of the said M'Leod by some of his servants ; on or about the 3d October, anntlicr quarrel appears to have taken place ; Hector M'Neill states that having gone on the day in question to visit Roderick M'Lcod; a clerk of tlie Nortli- Wes» com|>any, who was in ciiarge of a guard-hous*:; erected Iry that com- pany immediately adjoining the Hudson's Bay post (a pmctice, which Andrie< ttutes to liave been universally adopted at every post belon<:iii^ to tlie Hudson's Day company in Athabasca, for the purpose of preventing the Indians from trading ot oommunicating witii the servants of that conipanv ^r ;,M'Neill) afterwards went on towards the Hudson's Day post, at the distaii' ^ibout one hundred or one
hundred and fifty yards, for the purpose of visiting it li i; mk re curiositv, but without any intention of onending or injuring any one, althongli lir has since lieen informed and behevcs, there did exist some previous plan on the part of Mi. M'Leod or hi4 agents to lead to a quarrel, by thus sending him into the vicinity of tlie I hid-ion's Bay fort, as the said Mr. Chirke was known to be of a violent temper, and ihat he would aot allow any of the North- West company's servants to enter his post; tliat whilst ijc wits thus walking peaceably rouml the post, the said Clarke came and mader an assault on him on tiie breast, when after some altercation a battle took placo ictwoen him and John M'Viccar, (a clerk of thesakl Hudson's Day company, at ting under the orders of the said Clarke,) which was fought whh swords, and en^nd in his disarming the said Viccar; that the next day warrants, were issued for the appre- hension of Air. Ciiwkc, M'^Viccnr, and as he believes of one M'Farlaiie ; that the said parties refused to yield obedience to the said warrant, as M'Leod wus not an impartial [lerson in the attair, from whom they could ex|)ect jujstice; that in <nn^<- queiice of this refusal, intusurcs wcie taken by M'Leod and his agents to cotiipol the said Clarke and others to snirender, by making prisoners of his lishing [lartieS' end stizing their nets ; this ajipears to ha\o been accordingly carried into execution by George Keith and Thomas .M'Murray, partner*, and Voderick M'Leod, a clerk of the North- West company, who took three parties of tne Hudson's Day compHuy's servants, and brought them prisoners to the North- West company's post; on which "•'
occasion, it appears by t!ie depositions! of Innes M'Dougall and St. Pierre, tiiat M'Leod couipellod the men so captured ^otake an oath not to use arms for two years against any of His Majesty's, subjects; M'Ncill states, that Clarke being by these measures reduced to necessity from the want of subsistence, agreed to surrender himself to the wurran*, as did also Mr. M'Viccar and Mr. M'Fwlane, of whom the 584. latter
240
PAPERS RELATING TO THE
Inclosur* ill Sir J. C. Shop brooke's, of 2<illi Juy I Hi 8; viz. Mr. Coltmaii'i Heport, &c.
latter was, as lie believes, dischargeil tVum a want of proof aiiainst him ; that Ciarhe wasoH'eieii to be released on givinj» security, iiimselt in /..'Jt'o, and two securities in {..2^0 each; but which sicurity be could not procure, as M'Lcod objected to take the bail of tlie servants ol the Hudson's llay company, but ultimately agreed to take that of a Mr. M'Ktiizic, a clerk of that company, jointly with that of Air. Robert flenry, providing 30 packs of tradinj; iioods should be deposited in the North- U3 anuuryi 17; West store as a counter-seciiiity lor the said Ileniy, to which arrannement the said Clarke agreed, althougli very reluctantly, alter a conlinement as lie (M'Neill) thinks of two days, and Ijiini; threatened to be sent for the winter up the Peace Uiver, and thcn'-e to Montreal in tiic sprin , that M'A'iccar wiis detained in prison some days longer, as M'Lcod refused for sou.q days admiltiiig him to bail, in consequence of a letter of his which had Iwcn intercepted, wherein tlic said M'Viccar (as be M'Neill was told by M'Leod) had expressed his hopes ot being enabled torevenj^r what had occurred on Ucd River, at Athabasca ; but that finally he was released, on giving security for £. 1 00. M'Neill also states, that on or about the ibtii day of October, he received a verbal order from the said Arcliibald N. M'Leod, which he understood to be given him as a magistrate, to take one Dcbulianips, whom M'Leod stated to be
freatly in debt to the North-West company, altliouiih at that time in the service of the ludson's Bay company ; tliat Dcscbamps was accordingly made prisoner, and detained he believes four days ami nights, when Mr. C'lurkc agreeing to pay Deschauip's debtf, he was liberated; M'Neill further details the circumstances of his being em|)loyed about the 1st November by M'Lcod, to take a packet of letters which Mr. Clarke was sending express to Mr. IJird, the chief governor of thai part ot the Hudson's Bay territories, the intended departure wliercof luui been connnunicated by one Duplisses, who as he had been informed and believes, had been engaged by a promised bribe of 500 Jivres, to act as a spy at the Hudson's Bay post. Tlmt in consefpience, he proceeded to the Norlli- West post, at I'ierrcaux Calnnieto, which was in charge of .lohn Stewart and Thomas M'Murray, and there waited tid the arrivul of Larande, the person in charge of the packet, and then, w ith the concurrence of the said Stewart and M'Mur- ray, ibllowed with tlu-ee otiier men, the .said Larande, wl.o had with him only one man ; that on coming up with Laiande during llio night, one of their party went over and told him what their orders ucre, whereupon he burnt the packet. That Larande and his companion then returned witii him to the post at Pierre aux Calu- mcto, and thence were conveyed by him as prisoners to I'ort C'hipcwaw. He adds, that on arriving there on or about the ()tii Deccud)er, he found Mr. Clarke again detained a prisoner on the score of some debt, and was informed that he was obliged to give 13 pieces of trading goods to obtain his release. That afterwards, on or about the 24th day of December, another warrant was issued by the said Archibald Norman M'Leod, ag-ainst the said Clarke, which he M'Neill was named as constable to serve, but declined doing so, not being satislied of the legality of the causes for which it was granted ; that the day after he was ordered to assist one Soucisse, in taking charge of two lodges that had been erected opposite to liie Hudson's Day House, to prevent their tishermen bringing their uccustomctl supplies ; but wiiilst these orders were giving, Mr. Clarke finally engaged to settle the claim made by the North-West company, which he believes to have related to some supplies of food given by the North-West company the year before to the sei vants of lue Hudson's Bay con pany in Peace River, lor which Mr. Clarke thouglii the pruc demanded cxorbitu!<t and unjust. M'Neill dien goes on to state the capture ol me Hudson's Hay post, on the 23d January, as hen inbel'ore meniiniicd, which is also conlirmed by the depositions of M'Hougall and Innes, the former of whom dejwses to having recognised amongst the servants of the North-West company who assisted Roderick M'Leotl in taking pos- session of the post Collcnau, Thomas Cardin, Laro<juc, Liijcunesse, Saucisse and rieurie, llic three last of whom were also recognized by .lames. The Hudson's Hay company's {)ost being thus taken possession of, and their servants there and those at Uie posts of Cireat Slave Ijike and Pierre aux Calumi-ts disarmed, nothing material a|)peurs to have occurrevl for some *ime; the latter of those posts was indeed aban- doned by .Mr. Charles Thomas, the person in charge tlierco who slated be was unable to obtain subsistence after his amis were delivered up, a- the Indians were not allowed to hunt for him, or to have any intercourse with bis post ; and the place did nut atl'uid asulVicitnt supply of lisb. On the 14th of April, il appears by the depo-. sition of Andries, that Mr. Clarke was ag.iin taken piisoner mider pretext that he intended to retake Fort Chi{M'waw, although he and his p((i|ile had no other oft'ensivo weapons in their fort than a single musket or In<lian towling pieee ; and Andries adds,, that after Claike's arrest, and during his conlinement, he heard Arcliibald Norman.
M'Lcod
M'l
I'oln been '• til •' B
mi,
Ea
R E 1) a M' E R S E T T L F. M E K T.
^4^
M'Lcod say, " Ihat lie woulil send liim (Clarke) beyond the rbcky mountains to the Inrlnsnre (.'oliiiiibiu llivcr;" ami llint sinco his own departure from Fort Cliipewaw, lie lius i" Sir j. c, sher- iK'cn crutlibly informed, " tliut the stiid Clarke had been sent a prisoner in that dirci- jT!'"^(f'a| *°''' " tion, ill custody of several persons, and amoii^ them a bois brute, of the name of ji^^ Col'tman's'' " lieaulieu, a violent enemy to the said Clarke, against whom he has iieard Bcaulieu lUport, &c. " eNpress the strongest antipathy."
■ By the depositions of M'nou£»all and Innes, it appears that after tlie arrest and imprisomnent of Mr. Clarke, Arehil)ald N. M'Leod caused all the prisoners, as well as the remainder of the Hudson's 13ay company's goods, and all their canoes, to be taken over to the North- West post; by which means the Hudson's Bay company's servants being left without means of subsistence, or conveyance from the country, were at length, after suH'cring much from famine (M'Dougall stating that they passed three days, and himself three days and a half, without anything to cat) compelled tu agree <o the terms proposed by M'Leod; in consequence whereof they signed an ogreement, and took an onth, to the number of nearly fifty, not to make use of arms against the Nortii-W'cst company for two years, nor to return to, nor remain in that part of the Indian territories in the service of the Hudson's Bay company, or of the Earl of Selkirk, for tlio same period of two years ; in consideration whereof, Robert Henry and Simon M'Ciillivray agreed, on behalf of the North-Wcst company, to mainiain them, and procure them a passage as far as Cumberland House ; of this agreement, as sworn lo and signed before M'Leod, as a magistrate, on the 20th May 1817, a copy is annexed by Innes to his deposition, and the same appears to have been carried into execution, with this exception, that the said St. Pierre, M'Dougall and Innes, all concur in stating that they were very ill supplied "i'h provisions, often passing the whole day, and sometinu's two, without having ai ything to eat, and obliged, as the two latter state, to eat their dogs ; that they were also detained till the beginning of July, Ixjfore canoes were furnished them to come out. Andries, in his deposition, gives some details of the measures adopted to prevent any intercourse between the Indians and the Hudson's Bay company's servants. At the period that CHHipbell and the other clerks were made jirisoners, in September 1816, as before- mentioned, he slates that several Indians, in the habit of trading with the Hudson's Bay post, were also made prisoners by M'Leod, and brought to Fort Chipenaw, where they were <letaine<l some time under a guard ; that he was sent with two of t^ieni to hunt, and that he was divOcted l>y Robert Henry to let Hy at (meaning thereby to shoot) any of the servants of the Hudson's Bay company, who mi<j;ht endeavour to communicate or talk with the said Indians; the said Ilcuryotfered him pistols for that piirpo; e, which hcreluscd. That himself and several other persons were directed to watch these Indians, to prevent their having any intercourse or conversation with the servants of the Hudson's Bay company; that towards the spring two other Indians were taken prisoners, pursuant to orders tiom the said M'Leod, by a party of the North- West company's servants (who « ere sent in quest of them for having traded tho preceding autunni with the Hudson's Day company, and sheltered two of their servants during the winter,) and that the Indians were put in irons, and confined. That a protc \t of the Indians being in dclit was sometimes advanced ; but this was in many instances denied by the Indians, and, as he believes with truth, as was in one case acknowledged by some of the clerks or partners of the North-West company. That at other times these latter ojanly declared thut they would not allow the Indians to trade with any other than themselves, who 'lad first come into the country, and hitherto supplied them ; and that the same was the reason assigned to the Indians for t^ic constraint put upon them. Andries adds also, that previous to his leaving Fort Chipewaw early in May, he had a knowledge tli.it all the stores at the Hudson's Bay post at (ireat Slave Lake and Pierre aux Calumets were taken possession of by A. N. M'Leod and Robert Henry ; that orders were given by M'Leod to plunder and lake the posts belonging to thelludson's Bay company at Isle a la Crosse, Little Slave Lake and (ireat Deer's Like; and after heard from the said A. N. M'Leod, and from other partners in the said North- West company, that the posts of Little Slave Lake and I)eer'si-ake ha<l been plundered and burnt, and tho people in charge of the same made prisoners, aiul confined till they took an oath to leave tlie country. That on his route to Hudson's Bay he passed the post above-mentioned at Ucers Lake, which he found had been reduced to ashes and totally abandoned.
(asdJunuuiy 1817.)
The forcible seizure of the post at Little Slave Ltike, with the subsequent burnini; :M- 3 Q of
343
TAPERS RELATING TO THE
Inrlosure ill Sir J. C. Slicr- bmoke's, of tloth July iSlI; vii, Mr'. Ctiltmau's lleport, &c. V ,
('J3(IJunnaryigi7.)
of the buildings, will be found detailed in the depositions of John Lewis, Anto'ino Dcsparats, Auiable Lafona, and Ferdinand Cliilli (Depositions No. 344, 34,'), 346 and 347); that of the post at Isle a la Crosse, in those of John M'Dougall, John M'Leod, Francois Dcschamps, and Patrick Quin (Na sr^i, 353. 354 and 355;) and that of Green Lake, in those of M'Donald and Fouissaiiit Paquin (No. 351) and 352.)
By these depositions it appears, that tlic po^t of Green Lake was taken with cir« sumstances of great violence and outrage on the 2d December i8i(), by Alexander Stewart, a partner of the North- M'ejit company, assisted by Michael Kline and Jtolwrt Henry, clerks, and nearly twenty of tlieir servants ; and tliat Mr. Decoignc, the |)erson in charge of the post, together with John Lewis, a clerk in the Hudson* Buy service, and an interpreter of the name of the Liuie Pidoeon, were made prisoners. That upon Mr. Decoigne asking Stewart the cause of his proceedings, he iirst said, " because I have heard from some Indians and freemen, that you intended to seize " my house and property ;" but he soon afterwards said it was by way of revenge for M'hat had happened last sprinj; at lied Uiver. And I.£wis adds, that he is certain, (hat the arrest and seizure of tliemselves and goods was resolved on before Stewarts arrival at Lesser Slave Lake in October; for, contrary to the usual custom of the North-Wcst company, Stewart took no steps whatever to obtain furs from liie In- dians, or to prevent them from bringing furs to the Hudson's Bay company's post. That the next day after their taking them prisoners, Alexander Stewart went again to the Hudson's Bay |H)st, and brought away all the property found therein, consisting of 1 1 i packs of valuable furs, i.^oolbs. of meat, and three bags of pcuiican, und a <]uantity of trading goods and stores; partly, also dismantling the buildings, and u(ipropriating to the use of the North- West company tlve doors, windows, flooring, hinges, furniture, nnd whatever they could convert to use, and wantonly destroying the remainder. Francois Chilli furtlier states, that about a month afterwards he w u* told, that three persons ofthe names of Lubettc, Francois Gardepie, and d'Appassa- shish, wen^ from the North- West fort to the said Hudson's Bay post, and as he heard set Are to it; and that he afterwards himself saw, lliut the buildings of the post consisting of two houses and a liangurd, had been burnt, and that he asked .Mr. Stewart why he had caused them to be burnt ; to which lie answered, that hu knew nothing about it, laugliing at the same time; und he (Chilli) odds, that he verily believes that the Ijouses were burnt by order of Mr. Stewart; aiid that he has seen the said Labatte, (lardepie, and d'.\ppassashish, received and well treated by the said Stewart, after liaving burnt the stime.
On this charge a bill of indictment for burijlary wos found at the court of oyer and termini-r at Montreal, in February last, against Alexander Stewait, Robert Jlenry, nnd Jean Baptistc Desclmmps. . . , - ;
The Hudson's liay post at Isle a la Grossc, was in like manner forcibly taken pos- gO!ision of witli circumstances of great violence, on the 16th March 1817, by Samuel Black, a partner of the Nortli-Wt^t Company, acting under the orders of John Thompson, another partner, and u magistrate lor the Indian territories; as was also the neighbouring one ot° (irecn Lake on the 20th of tite same month of March, by the said Black an<l a Peter Skwnc Ogden, a clerk of tlie North- West company, in charge ofthe post belongiiig to that company at Green Lake.
At Isle a Id Grossc, it a|)pcurs by tlio deposition of John M'^Lcod, the cleik in charge of the Hudson's Bay company's post, and John M'Dougall, a servant of tliat company, that a long course of violence had been pursued on tlie part ofthe North- West company's party towards that of tlie Hudson's Bay, by tiring upon lliem at dif* icrcnt times so as to alar.ii and insult them ; and in particulai' tliat on thu ad January 1817, Samuel Black, a partner of tlic North- West company, came with Peter Skeene Ogden and Benjamin Frobisher, clerks of the company, and about thirty men, part of them armed, and endeavoured by words and gestures to provoke tlm Hudson's Bay company's servants to come out and fight them ; but this John M'Leod nreventcd, having, us he states, been privately informed that Samuel Black and John llioinson, hud formed a premeditated design to provoke him, witli a view of its aflfurd- ing tliem a plausible pretext to seize the persons of himself and his men and the pro- jjerty of the Hudson's Bay company; it further apiK-anj, that on or about the 12th
February
RED RIVER SETTLEMENT.
«43
oino
34(» oliii
r,;)
February, three servonts of the Hudson's Day company, biinginj; a dLs|)atcli from i„ sir j. c. sder- (rreeii Ijtke, were made prisoners, and taken to the North- West post, of wliicli binoke's, oi •20th Thomson gave M' Lcod information, stating "that he wanted to know what intelii-. •'"'/ .|8i8; vii. ♦• gcnce there was in the packet, for the safely of himself and his people, in the actual nepo'"rt "fcc"" * ^' state of the country, and that if Mr. M'Leod would come over, he might see (lie v_ ' ' , " packet ;" to this M'Leod did not however deem it prudent to agree, as it had , , . .
been reporte<l to hiin that it was Mr. Thomson's intention to arrest him ; that on the ^'' anuary » i?-) 14th February, M'Dougall was sent off with three other men express, to inform Mr. DirH, governor of the northern department of the Hudson's Bay territories, of thesa occurrences, but had not proceeded above eight or nine miles, when he was met by another dispatch coming in, with which he turned back, and that on his return he wuii met and surrounded at the distance of about one mile trom the post, by Samuel Black, Peter Skeene Ogden, and twenty armed men, servants of the North-West company, and was shortly afterwards joined by Mr. M'Leud, and an armed party of six other men who had come out for his protection, when, after a good deal of alter- cation and violence, it was agreed that M'Leod should go and sec Tiioinson, as pro- posed by him, and that all his men should be allowed to return home, and that the arms which had been taken from a part of them, should l)e restored. This accord- ingly took place, and John M'Leod states, that on entering the North-West post, Thomson prc.-icnted him with tlie piickft of letters taken on the 1 2th, " desiring him *' to open and read them ; that he took the letters and put them in his pocket, " saying he would open them at home, and turned about to leave the house, when " Samuel Black simt tlie door, and John Tiiomson told him he was arrested, and that " some arrangement must take place before he could be lil)crated, and desired him " to send for John M'Dougall, or some other person to witness the agreement that " might be made ; that John M'Dougall came over to the house of 'Ihomson, and " was there detained with himself two days, in the course of which time he was *' repeatedly pressed by John Thomson to deliver into his hands property of the " Hudson's liny company, to the value of tivc hundred pounds, on which terms alone *' he was told that he would obtain his liberty ; that he told John Thomson on that, " he would not give a snilling's worth of the Hudson's Bay company's property, that " if he had infringed the laws of his country, he might detain his person, or accept " such other security as he could provide ; that the said Samuel Black replied, that '' they (meaning himself and John Thomson) did not care a damn for his person, " and that if he did not give up the goods, they would take them and his house " together." After a detention of two days, it appears, however, that M'Leod and M'Dougall were finally liberated, on the former signing an agreement in Uie nature of bail, and undeilaking not to send oft° any packet to Athabasca at any event, nor else- where .without previous notice being given to the said Thomson or lilack, for the per- formance whereof M'Dougall and another Hudson's Bay clerk were securities. On the i.'jth day of March, it further appears, that John M'Leod set out himself to visit (iovernor Bird at Carlton House, having previously stated his intention to Black, but that he was seized on the way and made a prisoner by the said Black, and eight servants of the North-West company, and by them conducted to Thomson's post, wliere he was put into close confinement in the buck [)ait of the house ; that on the ensuing morning, the Hudson's Bay post was seized upon by an armed party of men, imder the command of Samuel Black, \vho broke into the same about daylight, forcing open three doors ; that all the arms in the post were taken away, which was said to be by the orders of John Thomson, a justice of peace, to prevent bloodshed, and that a guard was left at the post, whilst Black went with the arms to the North- AVest post. M'Dougald adds, that about ten or eleven o'clock, " John Thomson and " San)uel Black came to the Hudson's Bay House, and endeavoured to prevail upon " him by threats of the authority of (he former as a magistrate, to allow them access " to the store, but that being refused by him, tlie said Thomson said to Black, we " cannot stand losing our time, but must get in one way or another, or words to that " effect; whereupon tlie said Black broke open the door, and called in several of the " half-breeds and other servants of the Nortli-W»!st company," (amoi;gst whom M'Dougald mentions Jean Marie Boucher, Joseph Chartier, and one Desroches,) whom Black directed to take away (he goods, which was accordingly done; he (M'Dougald) l)cing scarcely allowed to take a hasty account thereof; he adds, that the goods ware taken over to the North-\Vest posr, but that he cannot say how they were afterwards disposed of, though he has considerable reason to suspect that a part was used fur the trade of the said company. .';84. Oil
=44
•PAPERS TIELATING TO THE
Inclouff* in Sir .1. C Mif r broolie's, o( 'intli July 1818.; vij. Mr. Coltiimn's lUpori, \c V
On this charge a hill of indirtnient for burglary was foiiiKl ut llic roiirt of oyer nnd icnnincr. held iit Montreal in lebniiu'v lust, agwitist Juhn Tiiuu)6uii, Sitiiiucl Black, Churticr, Jo»i'ph Paul, and Jcuii M. lk)uclicr.
The capture of the Hudson's Bay company's post nt Green I,akc, on the 20th March, as hercinl)cforc mentioned, seecns in like manner to have been carried iiitn (■33ilJanuury 1817.) execution in the first instance, by sccurin" the arms and making prisoners of llie persons in char<»e thoreof. John M'Donuld, wlio (jfives the fullest details reliilivc •thereto, states, that Uic next day about twelve o'clock, Samuel lilaek and Peter Skecne Ogdcn, came over to the said I liaison's Pay post, where a guard had been left, and ordered Mr. Ducliarme, the [)crson in charge, to deliver up the keys; which Ducharmc did, telling Black that lie forced him to do so, which the latter acknowledged ; and that he then caused the doors of the shop and stores to be opened, and carried over to the Norlh-M'est post all the property therein, with llit- exception of a little jirovisions and tobacco left to the {trisoiKrs ; and that the said j)roperty consisted of a considerable quantity of goods and furs, principally luaver nnd martin skins, and ten canoes; that after having remained prisoners at (ireen Lake for two days, nine men, including Ducharmc and himself, out of the total number of eleven belonging to the post, were sent to Isle u la Crosse with a guard of armed men, under the cunnnand uf Samuel Black.
At Isle a la Crosse it appears, by the depositions of John M'Dougall, that from this period the servants of tiie Hudson's Hay e(mii)nny remained j)risoncrs at large within their own post, under an armed guaid of tiie Nortli-VV'est company's service; that after two or three weeks, they were rejoined by Mr. John M'Leoil ; that tliey were allowed and expected to fish for their livelihood, but that the men being un- willing to work when prisoners, and nearly the whole of tiieir canoes being taken aw ay Ix f)re the 0|)ening of the navigation, they siiflered a good deal from want ;• that Mr. M'Leod, and four otliers, escaped by land towards the end of the winter; that on the 8th day of June, Mr. Archibald Norman M'Lt'od took seventeen of tlieir l)est men away in his canoes, and carried them, as he believes, to the Noith-VVest piist at Isle la Honde, where he is totally ignorant of their situation ; that on the 17th July, four canoes of the Hudson's Hay eompany's servants arrivetl at the Hudson's Pay post at IsJe a la Crosse, contnining each about twelve men; that two of tliese men were left at Isle a la Crosse, and himself and John McDonald came out in their stead, leaving about twelve |)ersous still prisoners at that place. M'Dou'gall further adds, that he was inlbrmed by (ieorge Innes, the Hudson's Bay com|)any"s clerk, who came out with the four canoes above mentioned, that there still renaiined twenty or thirty persons prisoners in the Atlmljasca country ; tliese, it will be observed, are the latest accounts received from Isle a la Crosse or Athabasca.
(28th Juuuary The declarations made by cnptaiii D'Orsonnens at Port Douglas, in the winter
1617.) JS16-17, of i.is further inlenlions of stopping the North-West canoes in Lake
Wiiiipic, iuue already bren stated ; Ilervey M'lvenzic, in his deposition (^No. 377,) taken at the Falls of St. Mary's the jth June 1817,' details at some length, bik) with apparent sincerity, the a|»prchensions then entertiiined by him of the interruptioi. of the Norlh-\\'est eoinpiinv's trade, by the Karl of Selkiik and his party; and in one of a suhscfiuent date (No. jii,) he further states, that as he was proceeding, in August 1817, into llie interior, in company with Archibald M'Lean, a barrister of the province of Upper Canada, they met ISIiles M'DoniK-ll, who had some conver- sation with the said Archibald .M'Lean, which the latter immediately repeated to him (M'Kenzie,) and that the pur[)oit thereof was, that Miles APDonnell and his party would have been in posniesbioii of all the North- West company's po.sts, had it not been for the proclamation and the subsequent arrival of the commissioner nan. ^d ihereui; and Archibald Norman M'l^eod sltUes, in his deposition (No. 372,) that Mr. Jolm Clarke, superintendent for the Hudson's Bay company in Athabasca, repeatedlv told him, and with much seeming exultation, very nearly in the fall i8i(), that he (^SPI^od) and his people would all be made prisoners in the spring by Lord Selkirk's forces, which had taken Fort William. , , . . < -
. 3.'. I . ... ..-.:., ; . . • ■ i .
J. C. M'TavLsh lias also proved before mc (Deposition, No. 163, marked K,)tlie copy of a narrative by Mr. Thomson, taken from the original in his band- writing; and Mr. M'Gilliviay has annexed to his deposilioii (No. 373,) two papers,
marked
n F, D R I V R R SETT L E M E N T.
245
>yer
lucl
oth
into
tlie
tiv(; CtlT
j(;eii I'vs ; liter he til.- sitid aver reen
tOlill
mid
ninrked C and I); tlie former purporting to be agrcecnonts nnd arraiif;;cuienl.s in Inrluture' .Atlmlmscii, in the winter i8;,> and 1816; and the latter, a narrative of the transnc- '"^ifJ-C. sinr- lidiisHt that pliicc in winter iSiO-iy-, which he attests as true and faithful state- ^"''iVi'h"-^ viz'' iiicnts, nccordin;: to the infornmtinn which ho has rtccived, as principal agent and Mr. f'olimair* jii<ipriet()r of the North-West conipnny, of the re8|)cctivc transactions to which tliey llupirt. i«c.
it'liite; No part of these papers can of course be considered as evidence, further ^ ~---
than as to the existence of certain doruinents mentioned tiiercin, of which the au- (i^ili January tiu'iiticity may probably be hereafter proved. Mr. Tlionison, in his narrative, tlwclls ' '^^ principnily upon the taking of Fort William, and the Norlli-Wcst post at Lac la I'luio, by I..ord Selkirk and his followers, and tlie apprehensions entertained by hiiii, tiiat a general capture of all the North- West posts in the Indian country > uas intended; and describes the various steps taken by himself as measures of precaution. According to his statement, the Jiist arrest of John MM.eod appears to liave taken place on account of the part taken by him in the distiirbancrs on Red ' River the year before, where he assisted as hereinbefore stated, in tlie capture of the Nortli-W'est post at Pembina; from this arrest he was liberated, on giving security to keep the peace for twelve months, and engaging not to send off any letters, or any verbal messages, to the North, or Athabasca, and to give previous notice of any lie might send to the South, or Saskatchwine. Accounts Iftiving been received, that ; this agreement was much disapproved of by Mr. liird, the governor of that part of the Hudson's iJay territories, M'Lcod thereupon is stated to have given Mr. Thomson notice on the 14th March, of his intention of proceeding to Mr. Bird's post, in order to have a full ex|)lanatiun witti him; and, notwithstanding Thomson's remonstrances, . he accordinj>ly set off ttie next day ; this, as Thom«on states, be considered a virtual breach of tlte agreement, as no further attention would be paid thereto, after M'l^od's departure ; that he therefore thought the most prudent plan would be to ' prevent his going, and consequently had him and his men Itrought back to the North- \V'est company's |>ost, after they had been gone a few hours, and on the following morning caused MT^^od's people to be disarmed; that a few hours afterwards, he went over to M'Dougald, second in charge to M'Leod, who was detained in custody, nnd told him the reason ibr what had been done ; lie further adds, that " in order to " prevent confusion, and obviate any idcii of wishing to appropriate their property, " M'Dougald was requested to make an inventory of all the soods, &c. they pos- " sessed;" which was accordingly done, and signed by both parties, and the property lodged in a sepaiate store in the North-West post. Mr. Thomson appeal's also to acknowledge having authorized, on similar grounds, the seizure of tlie Hudson's Day posts at (ireen Lake, and at Lnc Caribou, but enters into no details relative thereto - He further stales, that as it appeared, by tlie last accounts they had received, that Lord Selkirk still kept possession of Fort William, and Lac la IMuic, it was thouglit, from this and other concurring accounts relative to his position and plans, a necessary measure for their own safety, to leave the Hudson's Bay company's men in the inte- rior, with proper means for their subsistence, as the taking them out, would be adding a strong force to that of an enemy, whom they had the most serious reason to believe would attack them ; that on reaching ("umberland House, they were released from much of their anxiety on hearing that GovernineiU had interfered, and appointed commissioners ; that in consequence they requested Mr. Kennedy, in charge of the Hudson's Bay post at that place, to send in provisions, that his people might immediately come out, and oflbred some of their own men to accompany his, and forward the commissioners notices; but that the proposal was declined by liim. Mr. Thomson finally states, that every precaution prudence could dictate was taken, to prevent any violence in carrying his measures into effect ; that not the lea.st personal injury was sustained ; that individual projierty of every kind, arms excpted, was left untouched, and not even a paper looked at. , , . . ,
Should the foregoing statement of Mr, Thomson be hereafter mude out in evi- dence, it may certainly palliate, to a considerable degree, the charges against him ; for, although he does not even himself state grounds sufficient to justify the seizure of the company's property, yet what he does state, seems sufficient to remove the supposition of any intention of a felonious conversion of the property; and to show, that a good deal of allowance ought fairly to bo made, for llie difficulty of the situation in which he was placed. With respect to the proceedings at Athabasca, it is more difficult to form any opinion, even of that contingent nature expressed rela- tive to those of Mr. 'I'liomson, from the want of any general statement by Mr.
584. ^ R Archibald
946
TAPERS RKLATINfJ TO THE
m Sir .1. C. Mier lri)uk«'i, uf joili .Inly iDli; vi<, Mr. Ci<ltiiiun'ii Report, itc.
Arrliibnld Xormnn M'LecuJ ; but l»y the pnprrs stuUtl to be in possCsoion of tlte N()rth-We»t company, it iippcnrs, tluit in many ut tlic proceeditifrs witli whicli M'Lcud {.schar^ctl, lie ucted it^dcr oflidiivits, luid befurc liim hh n magistrate ; Hud liiiit leiiiiliir bst!) of the* property, delivered up at dilVerent times by the liiidsous Bay comp.iiiy scrvuiits, nceompuny the a^^cenlcnt mii'le with them ; and it is also stated, that no personal injury was .simtuined by any one dirinir the tran^^HCtions in question. On ih» ic)ili .March y\s to the occurrences at Little Slave Luke, no cviil^ncc or explanation ot any kind '"'7' has been oftered by the North-U'est company ; nor has any testimony been bronj;ht
forward, to counteract that which has been s^iven of the hoittilc intcntionit avowed by M'l^od, previous to the capture of Fort William; possibly, indeed, the North-We&t company may be ignorant of the charge on this la:it point.
The Earl of Selkirk was servcfl by William Smith, the deputy shcrifT of the western district of Up|)er Canada, at Fort William, with a writ for the restitution of the said jwst to the North -West company, to which the Earl refused to yield obedience ; the said Earl, captain Matthey, and John Allan, were also arrested under n warrant for felony by the said William Smith, which warrant wa.s also resisted by them, and the said Under Slicritf made a prisoner by lui armed party in the service of the «aid Earl.
I3y the deposition of Colin Campbell, of the J2i\ May 1817 (No. 27^,) who was present as an a'loistant to the said under sheritF in tlio service of the aforesaid writ and warrant ; and by that of the said Campbell and ilenry M'Kenzie jointly, of the 2.5th August 1817, itap|>cars, that on enterini; the room where the Earl of Selkirk was, they foinid captain Matthey and Dr. Allan with him, " That the under siieritf " produced his warrant of restitution to the said Earl, and demanded of him in the " King's name to deliver up the said Fort William to him, and all the ctVects therein; " that thereupon his Lordship said, he did not consider that the said under sherilf had " any power as such, and that he would consider him as a private individual ; that " the said under sherifl' n<:ain commandt-d the said Eurl, in the King's name, to " make restitution of the said fort, and the effects therein ; titat the said Earl there- " upon said, that he hud pnrch^ised the said Fort ^\'illialn and all tiie ctfects therein, " from a jiartner of the North- West company, and that he considered the said Fort " William, and everything in it as his otvn, and tliat he would not give it up; " whereupon the said under shcriti' &sked his lordship, if \\e would resist him and " his warrant? upon which the said Earl snid, he would resist him and his warrant, " that Itc had force enough to resist, nnd that he would make use of such force in " resisting the warrant ; that thereuiKin the said under Kherilt' told the said Earl, " that he considered himself in legal possession of the liouse in which he was, and " all the said Fort William, and that he would not abandon his possession until \w was " forced to do so ; whereupon tlic suid Earl then said it would soon be settled, and " went up towards tl)c sheriiT and seized him by the arm, and said he would' turn " him out, and pushed him to««urds the door.' U|wn this it appears, that the under sherifT produced his wurrunt for tiic pcrson;d arrest of the Earl, captain Mutlhcy, and .Fohn Allan, and executed the same by laying his hand upon each of litem, and telling them, " that they were his prisoners in the King's name;" that »omc couversution took place between them on the subiect of the said arrest, in the <-uurse of which the under shcrilf asked the Eurl, whether he intended to submit to or resist tlic said warrant; to which the I'arl replied, he certainly would resist, " that " the apjM)iiitment of commissioiters by His Majesty's Government superseded all " other apiMiintments, and that he would be a fool to submit when so great a supe- " riority of force uasathis command," or words to that effect. That after the said conversation, the Earl took hold of the under slicrilf by the arm, and foiced him out of the room inwliichthe urresl wus made; that a gourd was standing at the door «jf the said room, consisting of scrjeant I'tigli and six men of the 37tli regiment, whom the under shcrilV called upon in the King's name to assist him, which the said serj(!unt refusal to do, alth<)u<:h un order signed by (.'olonel Harvey, Adjutant General, containing directions to that cftect hud pieviously been ddivered to him, but which lie refuseil to obey, " us it wus not signed l»y Sir John Coa|)e Sherbrook«', the com- " nuiuder in chief." Campbell adds also, that one of the ine;. of the 37tli regiment fit 'lli^ :noment loaded bis musket with bull ; he furtlter states, that the under sheriff and himself having retired to a house in the foit, a seijeant (iruil of the late regiment De Meuron and lour men, fully armed and drciiscd in the uniform of that regiment,
came
[)f the ion ot° ItMice; inuiit and \>( (he
RED RIVER SETTLEMENT. U7
«amc to tlio under alieritVand tuld him, they cunic tu iiiakc him and his purty pri- Iiuloure
aoiiprs; that the undt-r siiciift' iishcd him by wliat Hiithurity he did mi, and (he 'i",^i"!' ^f"'''!'' ,. , , I ■• I r ■.< II ' I I 1 1 1 1 • . I II I urooke s, of aotn
serjcuiit replied, tnat the hail u( Nelkiik Imu coummndid hiin toilu so, and tliat he .inly iBiR; viz.
nitiBt do 8o; that the under siheritt' tlien commanded ihc said Horjeant Grail in the Mr. Coltumi't
King's name to withdraw himselt' and his ^uard, which the said serjeaiit refused to 'f*'!""''' ^f- _^
<lo, and made tlic said undiT siieritt' and all his party piisoners, and kept n ^uard
nnd sentry over ihciii tho whole of tliat ni;;lit. It appears, however, that Campbell ('ail'Mufli'Si?)
«nd some of the |)arty were released tho next day, and left l-'ort William on the
asd March, when the said under slicritf and sonic of his party still remained in
confinement.
Tho general purport of Camphcll's deposition, nnd various circumstance* men- tioned therein, nro further confirmed by those of \Villiam Smith, the said under sheriff, of the l.^tli July (No. 377), of the said Smith and others, of 9th August (No. 379), and of James Taitt (No. 370); it further up|)ears also, from the last* m ,.)tioned dr|M)8itions, that tiie said under sherift' was kept in continement till the month of May following.
On the part of the Earl of Selkirk, the only evidence lai<l before mo, is that of Jolin .Allan, whose statement (Depo.siiion, No. iSo) does not very materially dift'er from that of Campbell. Allan states however, that the reason assigned to Smith by the Earl of Selkirk for not obeying the writ of restitution, " was that it was illegal, " in as much as Fort William diu not belong to the North-West company, but to " the Crown, having been built on land to w hich no title had ever been granted, " and that even if it were legal in other respects, it could not be lawfully put in " rxecut 1. ;\ without the sanction of the g|)ecial commissioners ;" and with regard to the wariaiit for their personal arrest, he furtiier states, that upon reading it, " Lord " Selkirk told him that it was founded on perjury, and at all events could not be " legally enforced without the sanction of the special commissioners ; upon which " Smith declared, that he must cither tukc the Earl of Selkirk, and the others pri- " soners, or become one himself; that he (Allan) asked Smith whether he had heard " of what had befallen Mr. Keveney, after delivering himself as a prisoner into the " hands of tlie North-West eoinpuny, and if Smith liad the means of pro(ec(ing (he " Earl of Selkirk, him and others from the same fate, if they should surrender to *' him } that to this Smitii replied, that he was by no means bound to respect the " public notification of the special commissioners ; that he knew what had befallen " Mr. K'^veney, but that the sherift' or his deputy was not by law responsible for the " consequences of the warrants w Inch he might enforce, and that if the warrant had " been obtained by perjury, he (Allan) and the others aggrieved would have an *' action of damages ; that he (.\llan) then said, an action of damages could not " restore a man's life, and that he would never surrender alive to a oand of mur- " derers, meaning the North-West company ; but that if Smith chose to wait till the " arrival of the commissioners, he would then submit to the warrant, if they approved " of it, when there would remain no doubt of its legality, and when he could ilo so ** under a power that would protect him from murder ; but that Smith insisted that " nothing would satisfy the scruples of his conscience according to his oath, but the " absolute and immediate surrender of the Earl of Selkirk, himself and others, <* named in the warrant, into his power ; that then the Earl of Selkirk and himself " told him (Smith,) that they had no wish to involve him in difficulties, by making " him neglect his duty, anil that if lie chose to call witnesses, the Earl of Selkirk " would put his hand to Smith'^ shoulder w bile he walked out of the room, so that " by their testimony he might exonerate himself from responsibility, which was nc- " cordingly done." Allan then details various charges alleged against John Duncan Campbell, one of the partners of the North-West company, who had accompanied the under sheriO' to Fort William, and states, that in order to prevent any act of violence by Cumpbell and his associates, a guard was directed to watch their motions, but they were not coniiiied to their room, or prevented from going away, if tiicy had thought propter; and he finally adds, that on the 21st March he learnt, that Smith liad threatened a renewal of his attempt to enforce his warrant of arrest, and that he bad been prevented by some of the Meurons from quitting his apartment.
A proclamation was issued by Sir John Coapc Sherbrooke, Governor in Chief of ^" ''" 3d May British North America, by comumud of His Royal Highness the Prince Regent, ' '~'
584.
notityiug
248
r A 1' K R S 11 F. L A T I N (; TO T II E
liiclotiirr ill Sir .1. ('. MiT- lirniikr'i, u( jnlli July iRiS ; \u. Mr. ('iilliiian'H ltr|Hirt, tte.
(,1<l M»y 1817.)
iiDtitvinjI llio nppointiiiriit of llio untlrrsigned, ami John I'Ictchpr. Kitquire, nx (t|ipfij| roiiunissionriH tor iii<|iiiiin^ inlo hikI iiivfMti);Htiii)! all oHcnccs coiniiiitted in tlio Iiuliaii ten itoiks, niul \\\v rirrniiistnnccs nttcmlin-i tliesiiiiir ; and nl«» o» iiiaj^iMtratos tor thr siiiil liidiiiii tnritorics, tor tlio pur|m!ic ot inlorcinjt tlio vniioim iiijunclions of tlitt I'liiKc Ui>Kcnt co'.itnincd in tliu said piocl.nnHtion ; and of rcstniiiiii);; hII otl'fnc(!« in the snid Iiuhitn trniloric<>. and of bringing to comiign puniahniunl tlic, |)cr|M.'trHtors of those cnniuiittcd tlicrc. •
I'roiTC'din? in tlie cx(>cntion of liiis cliorjic, thn (lc|)(l^ilio^l!t of Joseph Tngnnn nnd I'Viui^oii 'I'apicr (N<i. J74 mid ;}7;,) «cro laid ht'lore tin; coinnii^isioners ut Nloiitieal, Milting the violent and ul.irniin^ declarnlions made by ti nninlter of men formerly helon^in^ to the lute re^jinicnt l)c Meuron, Mho Mere about to proceed to join the J'.arl of Selkirk in tiie Indian (erritorics. '1 lie coniinisaioners found these men ut Iji Chine, and there received from lieutenant Joseph Wittnur, the |)crson who had rni;R!;<-d tlicni on \Khtk\t of the Eurl of Selkirk, a copy uf their agrcen)ent, which, iof^ethcr with various explanations ^iven by him, will be found on reference to his deposition (No. ;{7l>,) therein he states in particular, that he has no knowledge of any militai-y equipment. In some dej^rec satisfied hy tliese assurances, the eonnnis- sioners, alter causing the proclamation to l>c read and explained to these men, nnd receiving ussuranres of their peaceable intenlions, allowed them to procied byway of the Oitowas Uiver, w hilst they went on tlu niselves to York ; at Ihis latter place they were overtaken by Colin Cau)pbcll and Henry M'Kenzie, the former of n honi inude, before them, the deposition (No. 2"(i,") mentioned under the lust head, detail- ing tiie re^i>tuncc of the Karl of Selkirk to the » rit of restitution and the w arrant ; the support aflbrdtd, undtr his Lordship's intluciice to this proceeding, by the party of the :{7th regiment, gr.uited by Ciovcrnment fur his personal protection ; and linnlly, the imprisonment, by an armed force, acting imder his Lordship's control, of tho civil oUicer in cimrge of the suid processes; and the latter (AMvenzie) stuted, that iiot\eithslanding the assurances given the cumniissiuners, a <|uantity of arms hud been tiiken on board the CLUioes in w hich the men of the late regiment l)e Meuron were pro- ceeding, in cases titlid with hinges, lucks, straps, nnd l)uekles, so as to afford easy uccess thereto. This inlormution, uliiehrenewed the suspicions entertained of the \ieMs will) which these men were engaged, uas altirwards confirmed by the said M'Keiizie, in his deposition (No. 377,) taken at the Tails of St. Mury, the ."jth June 1817; which contains also various other details, by the consideration whereof the connnis^-ioners were impressed with the conviction of the lleces^ity of one of thcin leDiuiniug at St. Mary'b till the arrival of the abuvc-mcnli:jned party of men, in order to take .such measures as uiiglit ap|)enr necessary, to insure their peaceublu conduct in the Iiuliun territories; wliilst the presence of the other in the neighbourhood of Lake V\ iunipic, at the cailiest possible period, appeared ot e(|ual urgency. Under these im|>re!siuns, the undersigned commissioner set out to proceed w ithout delay for the inte- rior. I'ort William, he found, had been re-occupied by the North- West company, under the authority of William Smith, the under sheriti', us v^ill be found stated by Jiim in liis dcfKJsition (No. 270,) und also various other details connected therewith in those of \\'ni. M'Ciillivray, John Spencer, and John M'Nab (No. 378, 379 and 380.) The Norlh-West iwsts ut Luc hi I'luie ond Uus de la Uivi6re, were found also to have been given up w ithout contest, liy the followers of the Karl of Selkirk; to Mr. Angus Shaw, the .said under sherift' and others, who hud |)recedcd the cojn- niissioncr a few days into the interior, with the prociaiiialiun. In the re-occupntion of these posts, and the seizure of other property, under the presumption of its having belonged to the North-\\'est company, Air. SImw and hi« parly, appear to have ncted uith niueh illegal violence, and to have taken and detained many articles that iiad never belonged to the said company. 'J he particulars of these acts of violence, us reluting to a paicel of wild rice seized at the River Muligne, will he found stated in iherlepositions of.loscph 15ouvicr, Louis I'Kcuyer, and Uupli.ite la Londe (No. 381, 38.';, and .-(Sti ;) to the rc-oc( uj'aiion of the post at Luc la I'luie, and the seizure of goods there, in those of Autome Dubud, Charles liouc, and Jean liuptiste Chuuviii (No. 387, 388, and 3S;);) and to the like, at Has de la Uiviere, in those of Miles M'Uonneil, I'ierrc Paul Lacroix, and Solomon Dcsmarrais (No. 3(;i, 3()2, and 393;) liv the two last of which it appears also, thut the commissioner urrived at lias dc la Itiviire, barely i:i time to prevent the sending oil', by the Norlh-West company, of an armed party for that river, ns the same was actually prepared, and part ot the tiien embarked in the canoes ; from the declarations made by some of them, it
ap[)cur«
be
be
li.; I
n r, D n I V E II sett l e m e n t.
•>w
lii (lio Itrnius |)ns of
h hII
III tlic.
•|i|»'"ni-< llmt mrnsurcs of cxtrt-me violence Imd Itcpii in contcm|ilution. On tlifc pnit liir)<^iurt t»l llic NoriU-VVcst cnmpuny, tlio ilcpositiooN of Antoine l)rL«eboiii, Willinin Sniitli, in '^ir.i. c. sIkt. y\n;;u.s SImw, iind Vincent Hoy (No. ;j8a, ,183, 384 nnd 390,) Imvc been laid iKifore j,',|"''"n*'8'' *""* llie coniuiinsioneii an relative to tiitic uifuirs; tiic tlircr first stating, thuttlic ptTsonii m/ iioUuJai'^',' in cliurtie of the wild rice sei/ed t>y Mr. Shaw at tiic UivitVc Midignc, liadacknow- Itriioit, &c.
)r<lg('(l it to be tlie property of the North- West company ; and the lottcr detailing a ^^- .,,- '
violent assault by M'I)onncll, the person in choree for the Eorl of Selkirk at (jJ May 1817.) J.u(; Ih I'luie, on the said Hoy, a few diiys after the re-occupation of the post. Tho |;rrHt coinpluint made by the NortJi-W'e.tt company was, however, tho ftrrcit and iuipriitoimient of the under ahcritf, which took place at Fort Douglas on the .i4tli June 1817; tlic alleged grounds on which this measure was adopted, will be found •tatedin the deposition of Si ilcs M'Uonncll (No. 391.) already mentioned; these ap- peared however, to me, so insuflicicnt under aP the circuiustunccs to authorize tho nteasuro udupted. that there could scarcely be a o jubt the real motive was to prevent any altcmpt on his pnrt to enforce hiswurrnnt for the arrest of the Earl of Selkirk; w tlitre can (notwithstandiug his dcclurution when examined, " that he cume up " aloDg with Mr. Angua Shaw to keep the peace, and to prevent any hostile act' ) be little doubt, that it was fur the purpose of attcmi>ting to execute this tyarrnut that be WU8 brought into the interior.
On
arriving at Iletl Uiver, the conifilaint of the North- West company, respecting the iniprisoninciit of the under slieritV, was one of the fust objects pressed upon my attention ; nlthough the gruuiuls of his ori;j;inul arrest did not appear to me Rufiicient to warrant tht; measure, yet evidence hud Ixicn subsequently obtained of a considerable breach of the peace, in taking po.sscssion of tlie North- West post at Lac la Pluie, in which the undci' sherirt'had taken an active port ; the particulars thereof arc stated in tlic deposition of Antoine Dubud (No. 387), above mentioned. In consequence of this latter charge, tlic under sheritf was therefore bound to give security for the |)eacc, and therou|)on liberated. Very pressing applications were subsequently made to mo bv him for the aid of my authority and support, in enforcing the warrant against the Larl of Selkirk and others ; to this, according to tlie strict principles of law, perhaps he was entitled ; but at the same time there appeared to the undersigned so much doubt, as fairly to authorize him and probably indeed to render it his duty, to defer •ny proceeding till the arrival of his colleague, who had been expressly appointed on •ccount of his legal knowledge ; such delay appeared also most consonant to the general duties of the commissioners, the endeavouring to give ellect to the injunc* (ions of the Prince Regent, for the pacification of the Indian country, and to the thorough investigation of the past ofl'cnccs couunittcd there, both which objects might have been materially impeded, by the adoption of any harsh measure of doubtful auUiority. Such were the views which uiduced inc in the first instance to decline any interference in support of the warrant, and to use my iuthiencc wilh the under shcrirt" to defer any proceedings on his part, until I could be 9Si>istcd by the legal knowledge of my collca;;tic ; tliis olliccr in coiiscqiiciice soon after left IU:(I River for the avowed purpose of meeting the other comniissioner, and returning with him or otherwise, occording as iniglit appear necessary; from various circumstances my colleague (Mr. Fletcher) was however prcvcnlcil from proceeding beyond Fort William; nor did the under slierilVicturn to Red Uivcr, l)ut his assistant, Mr. Camp- bell, came up in his stead. On his arrival, a renewed application was made to me for sup|)ort in the execution of the warrant, on the grounds stated in the joint depo- sition (No. 307) of Henry M'Kcnzie and Colin Campbell; but on an attempt .subsequently made by Campbell to execute the warrant, the deputation under which he acted appeared so evidently irre;»iilar (never having been sanctioned by the sheritf of the district,) that there could be no doubt of liie illegality of his proceeding, and in consequence he was nccessarilv held by iiic to bail, for the a.ssauit coinmiltcd by him in attempting to arrest the I'ail ; alihougli I had in the lirst instance so far authorized the proceeding, as to assure llic parlies, that if they could show legal autho- rity, I would prevent the execution thereof being opposed by force ; the period for which Campbell's recognizances were taken, having however expired previous to their reaching the clerk of the peace at Montreal, and- tho eomplaintnot being anewed, it is probable no further proceedings arc intended against him. The Earl of Selkirk shortly after this occurrence procceiled by way of llie United Slates to Montreal, having given bail, which appeared to tne sullicieiit to ensure his due appearance at that j)lace, and which has accordingly since taken place.
584. 3 S Subsequent
-<"
950
t>APE1lS RKLATING TO THE
Inclonin in Sir J. C.Sher- brooke'f, of loth July -.-818; vit. Mr. Coltman't Report, &c.
i
Subicqticnl to my liiiivul in the Indian country, liierc hiive boon no coniplulnls of acts of open violence on either side ; but charfres of iiiivini» evaded son)e of the agreements mutually entered into be*"veen the parlies, under my sanction, and in the view of giving fuller ctfcct to the inteni of the proclamntion, have been brought for- ward on both sides ; — Paul IJibo (Deposition, 394) states the conveyinir away surrep- titiously, from Red River, of two half-breeds and one Canadian, by Jam^s Hughes, (id May iSiy.) a partner of the North- West company, in violatiou of a '.vritlcn assurance, given officially to me as commissioner, by each party a day or two previous, that no person should be sent from the country without my sanction ; an nrrangcuicnt adopted tr> prevent the necessity of a constant scorch of the canoes, and to which Hughes had been personally a party: on the other hand, Joseph Vandal, and J. H. Henault, in their depositions (Nos. 257 and 395,) state the refusal or evasion by the Earl of Selkirk, of paying them for the time they had been in his I:ordsh.,)'i) service, in conse- quence of their return to that of the North-West company, under their previous engagements; and Michel Chretien, in his deposition (No. 396) states, that his brother, Jean Baptiste Chretien, who was under similar circumstances, told him he was ready to retu. , to the service of the Nortlt-west conipanv, if they would gua- rantee the payment of his wages, whilst in the service of the talari of Sielkirk ; state> ments which appear to show, on the part of the Earl, a course of conduct incon- sistent with the arrangements between the parties, which were, on the 15th July 1 81 7, reduced into the shape of instructions, mutually signed by the Earl and two of the governors, appointed under the Hudson's Bay company's charter, on one part ; and by two of the principal agents of the North- VVest company, on the other ; and cir- culated through the Indian comitry, for the avowed purpose of evincing the readiness of the parties to obey the proc'aniation, and to provide for the execution thereof in detail ; one clause whcrcc*" provides expressly, that in the event of either party having in their service any persons under previous engugements to the other, they are to allow such servants to fulfil their engagements, and to pay them their wages for the time they may have served.
The complaints aliove mentioned, did not, bo^veve^, appear cither to call for, or adn'i* of, any immediate proceedings ; nor did they, indeed, seem to be brought forward by the parties for any other purpose than to establish a charge of want of gouJ faith an^inst each other ; no steps were thi .fore taken thereon; and each party professing the utmost submission to the commands of the Prince Regent, anJ iiaviiig proved this deposition by the instructions above mentioned, issued on the 1 5th July, and, by e generally unreserved compliance with the measures which, in my official situation, I felt it my duty to direct ; nothing further remained, but for me to adop'. such steps as appeared most proper to give cffi^ct to the geiK-ral objects of tiie mission; this was accordingly done; and such of the occurrences as appeared of importance, liave been detailed in my official letters to the Governor in Chief of British America.
Quebec, 30th Ju.ie 18 1 8.
(Signed)
r.B.
CoUman.
I ills
'/
%
RED R I \' E R S E T T L E M E N T. ^:
2.il
Copy of a Dispatch from his Grace the Duke of Riclimoni], K. G. to tiic I'Vurl Kalliurst, K. G. ; dattd Quebec, Ijth October 1818: — Two iiiclosures.
M^j Lord, Quebec, 13th October l8i8. '
/ I Mavf ihclionour totransinU to jour Lordsiiip the inclosed letter and reimuks from Mr. .M'Gillivray, on behalf of the Nortli-Wcst company, which that gcntlcuiiui has ri.(|ne?tc(l may be forwarded to your Lordisliip, as a continuation of the cor- respondence accompanying Sir John C'oiijie Shcrbrooke's dispu.>.h, No. 221, of 4tli July 1818. I have the honour to be, &c.
(Signed) Richmond.
No. .58.
To liie Right Honourable the Earl Dathurst, K. G. &c. &c. &c.
Sir,
Montreal, 3d October 1818.
Iiirloture
On my return to this province from the remote part of Upper Canada, where . , .ci ^^ I have iiad occasion to pass tlie greater |)art of the Summer, I have received a letter uiciuu'mrt's.ot'iath wliich his Excellency Sir John Coapc Siitrhrooke did me the lionour to address to ociobir 1818. me on the 23d of June last, in reply to a letter of mine, dated on the Cth of the same month, and both which letters you will doubtless fmd on record in your office, as well Bsa letter from the Attorney (Jcncral of this province to Andrew NV" Cochran, Esq. dated on the loth of the same month of June, wliereof a copy was transmitted to me, as a " Report, " upon the circumstances set forth in my letter to Sir John Sherbrooke.
li. addressing you especially upon the subject, I have no wish to obtrude upon his Grace tiie Duke of Richmond any discussion relative thereto; but since it appears to pie that some facts are unfairly suited, and others entirely misrepresented in the Attorney General's Report, which now stands on record, as an answer to the grievances complained of by me on bihalf of the North- West company ; and since such misrepresentations, if suft'ered to remain unanswcreii, might produce impressions unjust in themselves, and seriously injurious to the cause of the No^th-^Vest company, I trust the necessity of the case will plead my apology for thus intruding /
upon your attention ; because, in consequence of the official functions both of Sir John Sherbrooke and Mr. Cochran having terminated during my absence from the province, and before I could possibly receive or reply to the Report in question, I have now no other means of making such reply, than by requesting tiiat this letter, and the remarks which I beg leave herew ith to inclose you, may be recorded in your office, as a continuation of the correspondence which has heretofore taken place upon the subject.
And as Sir .John Coape Sherbrooke has expressed his intention " to hiy the " representations on both sides before the King's Ciovemment," and has doubtless done so accordingly, I beg permission, through you, most rcspectlujiy to submit to his Grace the Duke of Richmond my request, that a co[)y of this loiter and of the inclosed remarks, may in the same manner beluiil before IJis Majesty's (iovernment.
1 have the honour to be, ivc. Col. Ready, &c. &c. &c. (!^ig"ed) // " M'GiHixraii.
Remarks on a Letter from Mr. Altorncy-Generul (Uuiacki'^ to A. \V. Cochran, Esq. dated 19th June 1818, and purporting to ho an Answer to u List of Grievances complained of by me on behalf of the North- West company.
In reply to the first and second heads of grievances ; namely, "the delay that has " taken place in proceeding against the partners and scrv.uits of the Noith->\'est " comjjauy arrested at Fort William, and against the |)ersons staied to have been " present at the afliay of the Kjth June iSitl;' the Attorney General begins by say in;:, that '^ in March 1817 prosccittinns ttere iimli/iiicd against l/ic partners and " servants (if the Xorth-ll'cst company " thus giving it to be understood that those proceedings «ero against the individuals, the delay of w hose prosecution formed the subject of complaint; whereas in fact, the proceedings in March 1817 were against George Campbell, Cuthbcrt Grant, W'illiiim Shaw antl Duncan Ciiuieron, for arson, at lied River, in iSi."); and against CJeoige (,'ampbell, John Cooper, Donald M'Kinnon, Hugh Hanncrman, Hector McDonald, Duncan Cameron, Serajihim Tvanmr, Jolui Dougald (>ameron, Cuthbert Grant, M'lUium Shaw aud I'clcr Pangman for rohberii, at the same place in the same year.
584. ' Now
Incliif;ire
k\
^9
PAPERS R R L A T 1 N G TO THE
I
Xow, five of tlicse persons were servants of tlie Earl of Selkirk, or of iho Hudson's I3av company, tuo were partniMS, and three wt.c servants of the Nortli-Wt^st company; but not one <>r these per.xons was amongst tliosc arrested at Fort \\'illiiwn ; and Cuthbert Grant is the only one of tliem stated to liavc been present at tlu; atVray of the igtbof June iSifi, conscquetilly these proceedings do not apply to the cases of the persons on whose bclialf I complained of delay, and the candour of lh(! nttcmpt so to apply them n)ust be n'anife.-t, when I state that the |)ersons referred to \n the first complaint ; namely, the partners and others arrested at Fort William, remain still witliout any proceedings having been instituted against them, except only the warrants under which they were apprcliended, and until the month of February last, no attempt was made to commence proceedings against the persons referred to in the second head of complaint ; namely, those stated to have been implicated in the artair of the 19th of June 1816, although two of those persons, Franfois Firmin iioueher and Paul Brow n, have remained in prison for upwards of two years.
The Attorney General proceeds to state, that " iu)mediately after the finding the " bills of indictment petitions were presented, praying, on the part of the prisoners, " that their trials might be ordered to take place m IJpper Canada." Whereas, it was in fact ie/brt the indictments were prepared, that petitions to that efibct were drawn up and communicated to the learned gentleman himself; and it wrasiu fiice of these petitions that he persisted in indicting here the parties already named.
Mr. Attorney-General's memory may be in fault, when he says that it was only " in Noveml)er last that the approval of His Majesty's Government was obtained " from England ;" but the fact is, that the measure was announced to our counsel as determined upon as early as July, and tlie Attorney General himself acknowledged in August to one of our counsel, that be hud mislaid the papers in his oflice, so that it was not till the 24th of October 1817 that the commission under the seal of the province was actually issued.
The third cause of delay stated by the Attorney General, namely ; " the prosecu* " tions in the Lower i'rovince requiring the aitendance (if the private prosecutor and " the witnesses," is surely inapplicable to the case of the individuals arrested at Fort William in August iSi(i, and against whom further proceedings have not yet been instituted. During upw ards of a year subsequent to the arrest of tiiese iudi< viduals, the private prosecutor was occupied, not in attending " the prosecutions in *' the Lffwer Proiince," but in acts of criminal violence and fraudulent depredation, which were checked only by His Royal Highness the Prince Regent's proclamation, and the measure prescribed by His Majesty's Ciovcrnmcnt for enforcing the same. Then, instead of returning to tiiis province with the special commissioner, to meet the accusations against himself, and to establish his charges against others, the prosecutor, the Earl of Selkirk, went on a tedious and circuitous voyage, for bis own private purposes, and did not get to Montreal till February last, during tlie whole of which time no grounds were produced in support of his charges, though such grounds and evidence in support of them ought to have been transmitted to the Crown officers at the time the prisoners were sent hither from Fort U'iliiam. His Lordship's subse- •<|uent occupations in tlie criminal courts of Lower Canada, whcUier as a public in- former or private prosecutor, afford no valid answer to persons complaining of a grievance in tlic delay of Justice, and the continuance against them iVom term to term, of charges unsupported liy any evidence whatever; uiid upon lUiUtirc consi- deration of the three causes of delay assigned by the Attorney General, and here investigated, I think it will appear, that the first is an implied misrepresentation of Jucts; liic second a feeble publication of negligence, and the third an attempt to add insult to oppression.
In eply to the </»';y/ cause of complaint, the issuing oj bench £/'rt/7W//.j since the ndjo' , nment of the Court of Oyer and Terminer at Muntreal, the Attorney General states, thiit " .'^cveral Itills of indictment being found agiiin»l the partners and servants " of tiie North-WcM company, xchosc cases had not been sent tu Upper Canada fur trial, " as these persons had never been in custody, bench warrants were necessarily issued " to a|)prehend them." Tliu construction of this sentence is rather obscure, but it ecems to mean that bench warrants had only been issued against those persons " whoso *' cases had not been sent to Upper Canada for trial," and " who had never been in *' custody;" and if so, the statement is false, because such l>ench warrants have been issued against persons whose cases had been transferred to Upper Canuila, and who were already under rcco;^nizancc to appear llicre.
Th«
RED RIVEIl SETTLEMENT.
2.1,
JO
lie
The Attorney General's answer to the fourth cause of complaint is either inten- tionally obscure, or manifestly absurd, us well as substantially untrue. The com- |»laiut is, that " prosecutions in two diiTcrent provinces have been instituted against " the partners and servants of the North-West company for the same alleged '' ofl'ences;" and Mr. Attorney-General's an.swer is, that "no such prosecutions have " l>een instituted by him." Now it could not have been meant to complain, that priisecntions in txco different provinces had been instituted by him personalli/, for, being Attorney-General only in one provime, lie could not have instituted prosecu- tions in Me oMer; but the fact that such prosecutions had been instituted, is the complaint stated, and if Mr. Uniacke means to deny that they were instituted by him in Lower Canada against various persons for ttie same alleged ot!'ences, for which tu his hicfii'tedge they were necessarily and exclusively to be proceeded against in Upper Canada, he means to deny that which can be proved to be the fact. Did not the Attorney-General know that the Commissioners under the Great Seal, ordering tlje trials to be held in Upper Canada of the foUowiui; persons, viz. Louis Perrault, Paul Brown, John Siverijiht, Cuthbert Grant, William Shaw, Peter Pangman and Sera- |>him Lamar, specifying that those persons sliall be tried in the courts of that pro- vince, for all crimes and offences tcliatcver committed by them in the Indian terri- tories ; and has he not, in the face of that order, brought indictments in Lower Canada against all tlie above persons for otiences alleged to have been committed in the Indian territories? Did he not also know, that the commissions of the same nature whicii were issued in the cases of Allan McDonnell, John M'Laughlin, Alexander Mackenzie, Simon Fraser, John McDonald, and Hugh M'Gillis, specify amongst other things, that those persons shall be tried in Upper Canada, as acces- saries to the murder of Robert Semplc and others ; and has he not in the face thereof brought indictments against them all in Lower Canada for the same alleged oflfencer Mr. Attorney General must not only have known the purport of these commissions, but they must have been framed and issued by his advice, and therefore his decla- ration to the contrary, notwithstanding the learned gentleman stands convicted of Imving first transferred or advised the transfer of the trial of certain persons for certain alleged otfences, to Upper Canada, and next of having instituted prosecutions in Lower Canada against the same persons for the same alleged offences.
In his reply to the Jifth and last head of grievance represented, namely, the entering a noU pi-osequi on certain indictments found against certain servants of the £arl ot Selkirk, the Attorney General has entered into some explanations which it will be wtill to compare with the actual state of the facts, so as to see in a clear point of view tlie extraordinary course which in this instance the learned gentleman has been pleased to pursue. • ,.
The petition presented in January last, by Miles M'Donnell, John Spencer, James Hyan (Flyn,) John Pourke, Michael Ilaydcu and Patrick Corcoran, stated, it seems, that they had attended at Montreal to meet accusations preferred against them by the Noith-West company, and upon that ground prayed to be tried by a special court of oyer and terminer. It is probable they did not state that most of them had been repeate<lly bound by recognizances to appear before the regular criminal courts of Montreal, and had as repeatedly fortuited their recognizances, though I do notknow tiiat anyof them v\ere ever estreated ; but this fact, the Attorney (Jeneial might have stated for them, and he might also liave stated, that |)ttitions to be brought to trial, and to have an o|)iK)rtunity of showing their innocence, had previously and repeatedly been presented by gentlemen of the North-West company, who had never forfeited their recognizances, but who had a|)peured term alter term, and against whom prose- cutions, unsupported by evidence, iiad been kept ulive,till it should suit the conveuicnctt or c;;|»rice of the private prosecutor to institute luither proceedings.
The circumstances relative to tlic indictments found against these petitioners, the, pleas totlie juri.sdiction of the courts of this jnoviiiee /iled by some of them, and the difficulty of bringing others to trial before the Court of Oyer and Terminer, for bills found in the Court of King's Heiicli. arc fully and ex|)licitly slated in the letter whicli I adiln'ssed to the .Attorney and Solicitor General on the nth of May last, and which I again recpiest may be referred to. That letter has not been answered, nor has any attempt been made to refute the statements therein contained. It is therefore needless 'o repeat tliem, nor would it now be of any use, because the injury which they were intended to prevent has already been done ; and my present object is rather to iiujuire into the validity of tiie reabuns us.'^igned fur his conduct by t!ie
584. .; 'J' Aiioiney
w.
a,)4
PAPERS RELATING TO THE
Atturncy General, timtUu repeat lepicbcnUtliuns of grievances, or unavailing appli- calions lor redress.
The Attorney General says, " notice was fzi»en by me to thv \ortli-West company, " that sue)) coinuii.ssiou would open nt Montreal lur the purpose ot trying thoMr " persons, and that ail oflcnces allei^ed to have been coinniittetl by Uieui must b(; ** proaecutcd bctore it. " Tlie notice here reterivd to was verbatim m follows : —
Sir, Quebce, gtli February 1818.
" M. M'Donncll, J. Spencer, C. Robertson, Ja' Ryan, Ju' Rourke, M. Ilaydcn " and P, Corcoran, accused of offences committed in the Indiflu territories, will be " prosecuted at the connnission of Over and Terminer, to open at Montreal on the " 2 1 St instant ; I have therefore to request liiat you will furnish me such instructions " as you may think necessary to support these cases.
" i have tlie honour to be, &c. The Hon"' (Signed) " //'. F. Uiiiackc, Attorney-General."
AV" M'Gillivray.
And the benefit even of the present explanation, it does not appear to me to
Iteari construction which the Attorney Cicnerul now wishes to put upon it ; nor can I admit, that to say that certain persons " accused of offences committed in the " Indian territories will Ixj prosecuted at the court of Over and Terminer" means, " that all offences altered to have been commit ltd by such persons must be prosecuted " before such court." Some of these petitioners were charized with offences in which the North-West company were not prosecutors, and the bills of indictment which, as the Attorney CJeneral states, '* were preferred, not by the North- West company, but " by settlers and otiiers, who complained of having been maltreated at Red River."
The only bill preferred by the North- West company was against Colin Robertson and others, and was found ; and it was only in consequence of the sickness of a material witness (Seraphim Lamar) since dead, and tlic intervention of the court of King's Bench; but w'uhlUc concurrence of the Attorney General, that another bill xvhicli had been prepared was withdrawn, and siihscquentlj-, with others, prefcn'ed before and lound by the grand jury of the court of King's Rench.
It seems thiit indictments found in tlie court of Kin;;'s Renel. cannot be transferred to nor tried in a court of Oyir and Terminer, and this must have been known to the Attorney General when he concurred in bringing tliese bills l)efore the grand jury of the court of King's Bench on the occasion in question. If the fact was so, and if he- liad previously determined to quash all proceedings against these individuals, except such as should be followed up before the court of Over and Terminer, then his concur- rence in bringing before tlie grand jury of the Court of King's Bench indictments which coukl nut be so folloiced up, must be inferred to have been a deception calcu- lated to defeat the ends of justice, and very unworthy of an Attorney General.
It seems more probable, however, that the learned gentleman had formed no such previous dcterminHtion ; for the consistency which a pvt vious determination of any kind would probably |>roducc, does not appear in this case to have characterized his tx)nduct. lie says, tiiat "the North-West company wislied ti continue tl)c prosc- " cutions commenced two years back against Spencer and Robertson, which would " have left these persons liable to attendance at Montrral, to answer accusations " which the special commission was appointed to try ;" and that conceiving it would lie unjust to require such further attendance, he had considered it his duty to enter u Noli Prosequi, Sec. ; while the fact is, tiiat these i)roceetlings, commenced two years back, are still in exintence, as no \'oli Prosajui has licen entered upon them, and titc indictments w hich have been quashed are tliiise found in the Court of King's IJcncli in March 1818; so that the proceeding ap|»cars entirely incomprehensible, even according to the explanation of the learned gentleman himself.
It is also to be observed, that the explanation, such as it is, applies only to Wvi cases of Miles M'Donnell, John Spencer, Colin Robertson, James Ryan (I'lyn,) John Boiirkc, Michael lladeii and Pulrick Corcoran (tlie petitioners named in the notice of the oth February.) l)ut the Ao/i Proxei/ui is extended to other |>ersous indicted, and respecting whom no notice of prosecuiion had been given; namely, Michael M'Donutll, M;ntin Jordan, Michael Kilhriile and Hugh Maclean; tif whom only one (Martin Jordan) wns in custody, or had appeared before the Court; and the Attorney Cicneral's reasons for entering a Xvli Prosequi in their case remain still to l)e expldined.
Mr. Attorney
RED RIVER SETTLEMENT. S5r>
Mr. Attorney Gcnernl, iti ftprnking of che partners of the Nortli-West company, says, " tliry must be sensible that justice lias been done Ihcm ;" nnd he expresses a liope, thut " in future they will not avail tlieuiEclvcs of the iii<;cnnity of tlicir legal " advisers to criminate His Majesty's Government and its oOicers."
To this I shall only reply, that the partners of the North-West company nre .sensible that justice has not been done them, and that Mr. Attorney General need not cherish the hope, that either the great jiower of his office, or his attempt to identify himself with His Majesty's Government, will deter them from complaining of injustice by whomsoever inflicted, or repelling misrepresentation by whomsoever advanced.
Montreal, 3d October 1818. . (Signed) IVilliam M'GiUivray.
' '■ Copy of a Dispatch from Major General Sir Peregrine Maitland, K. C. 13. to the Karl Ikthurst, K. G. ; dated York, Upper Canada, 6th January 1 81 9 : — Ten Inclosures.
My IjoxA, l^ppcr Canada, York, 6th January 1819.
I Have the honour to transmit to your Lordship the copy of a letter which I have received from tlie Earl of Selkirk, and a copy of niy answer.
As hi^ Lordship seems much disposed to make exception to the manner in which the laws are administered in this province, and particularly to the conduct of the law officers of the Crown ; I transmit also the copy of a letter from the Attorney General to myself, and accompanying papers, on the subject of the late trials between the Earl of Selkirk and the North-West company; because I oni desirous of putting your Lordship iu possession of all the circumstances xvhich throw light on the subject in question, and of aflfordingto the Crown officers an opportunity of replying to his Lordship's insinuations against them.
I have the honour to be, &c.
(Signed) P. Mailland, V Gov'.
To the Earl Bathurst, &c. &c. &c.
Sir,
Montreal, October 21st, 1818.
No. ?,Q.
Inclesiire
I have the honour to lay before your Excellency copies of an afHdavit, by ('\
Mr. Gale, relative to the conduct of John Fletcher, Esq. late commissioner of special J,"'g[|, ja„uary" inquiry, together with a letter from the Attorney General of Upper Canada; from 1819. which your Excellency will perceive that tlie Attorney-General, though admitting that there ap|)ears to be good grounds of accusation, yet declines to prosecute Mr. Fletcher, without instructions from your Excellency. In my apprehension, the honour of His Majesty's Government requires that no time should be lost in proving to the public that the illegal and oppressive conduct of Mr. Fletcher was wholly unauthorized ; the motive assigned by the Attorney General for the delay of the prosecution is calculated to create a ditVercnt and most injurious impression ; and I may be allowed to add, tiiat an action for damages, as suggested by tlie Attorney General, could be of no avail ; and tliat it is only through a criminal prosecution that Mr. Fletcher can be made responsible for his conduct ; and it is notorious, that his property is quite inadequate to compensate the damages which he has occasioned.
I take tlie liberty of laying at the same <.ime before your Excellency copies of letters which have passed between the Attorney General and Mr. Allan, with the nflidavit of the latter, relative to the pcijury committed by Jasper Vandersluys and James C. M'Tavish, whom tlic Attorney General aUo declines to prosecute. This dcterniination has been taken in cuntiadiclion to the intentions which the Attorney General himself had stated verbally u few tlayn before, when he assured Mr. Allan thut he would present an indictment agains^t Ai'luvish and Vandersluys; but that as he had received instructions to prosecute me and otKrs for felony, upon their infornmtion, thut indictment must be disposed of before he could bring forward the charge of pcijiny. I must ocknowledgc, thut I am at a loss to understand how it can be rccunciled with equity and fair deulina, that a man against whom a charge of perjury has been pointedly advanced upon rispecljiblc evidence, should be brought for« aid us a w itue.^s before the grand jury (as MTavish was by the Attorney General) without iiny intimation to tlitni, of a circumstiiuce so motc.ially affecting the credit «liic to his testimony.
sMt.
I regret
356
r A P E R S 11 E L A TING T 0 T II i:
rt
I rpcret to he under the necessity of ndvcrtiiii: to oilier very extraordiiiBry procc'cd- jnixs of the Court lutelv held at Suiidv»ich. Your Excellency, I doubt not, Ims nlieudy been intbnned, thnt tiie Q!«^izes tor the western district were idiruptly terminated, by the ('hiet Justice udjournin|; the Court tine die, iiefore the business liiid btcn concluded, m liiic the grand jury were engaged in deliberation on u bill of indictincr.t which hnd been laid before them, and when it was publicly known tliat other mutters of importance reaiuiued to be disposed of. In passing through York lately I under- stood thut this maiter.had been misrepresented, and stated as if trie grand jury had dispersed of themselves, or had refused to act; but your Excellency nill tind upon investigation, that a quorum were actually sitting, and that the Chief Justice broke up the Court without even calling them in from the adjoining room. This precipi- trtrtcy is the more extraordinnry, as the assizes at Sandwich were fixed, contrary to llic usual custom, to be held ttiu last of the western circuit, expressly because tlic business « hich uns i \|HTtcd to come before tlic Court was likely to occupy u consi- deral)le and un indelinite length of time; and it uus therefore thought uecessary to bold the Court at a |)eriod when no other engagement could intcrterc.
Tiie abrupt termination of the Court has had a most injurious and oppressive effect towards myself, by leaving in an ambiguous state the investigations which it was their province to have brought to a conclusion. My conduct has been misrepre- sented, and my character traduced in the most infamous manner ; and by this mode of proceeding, I have been deprived of the opportunity of exposinj* the calumnies against me. Every effort and every sacrifice have Ixen made on my part to avoid itiehrr in any investigation which might be instituted. When at Ued Kiver, I was required by Mr. Coltman to enter into recognizances of extravagant amount, to iippear l)efore the Court of King's Ikuch at Montreal in March last. I agreed to lliis, though 1 was advised that 1 was under no legal obligation to comply. On my return from the interior, I came voluntarily to the province of Upper Canada, before .1 had even seen my family, travelling nearly a thousand miles, in order to present myself before whom I had been accused. These magistrates, after full deliberation, were satisfied of the absolute falsity of the principal charge against me ; and as to tiie others, upon which they required recognizances for my future appearance, they were of such a nature that my appear.iiice by attorney would have been sufficient. Ill pursuance of the recognizances exacted in the Indian countries, I appeared at ^lontrcal. No proceedings were instituted against me ; but I was required to enter into new recomiizances, likewise of cxcesiivT amount, to appear in Upper Canada at a distant j)enod. Tliesc also were illegally required, yet again I acquiesced, and have again attended at great inconvenience both to myself and my witnesses. At the Court at Sandwich only one of the charges to which I had been bound to answer was brought forward ; this indictment has been thrown out by the grand jury, and the others appear to have been dropped ; but new charges w hich had been studiously concealed were brought forward, us if to take me by surprize. Notwithstanding this disadvantage, I felt confident as to the final result ; but in consequence of the abrupt termination of the ('uurt, no decision has taken place, and I am left to conjecture whether the proceedings against me arc at an end or not. Thus, after being required to attend, with excessive inconvenience to other affairs, and to bring witnesses from a distance at great expcwe, at the moment when the points in question should have ■been brought to issue, the proceedings are broken off without any plea of necessity, leaving an opportunity for renewing the same persecution without end.
Business of the greatest importance requires my attention in other quarters. Through the vexatious und groundless proceedings that have been instituted, in consequence of the too easy credit that Ims been given to the perjured calumnies against me, I have been interrupted in my endeavours to secure tiie safety and tranquillity of His Majesty's subjects in the interior of this continent ; people who are objects of persecution to u powerful association, and have no other protection to look to except that which I may find the incaiis of obtaining for them. The conduct of some officers of (Jovernmi.nt, and particularly the law olliceis of the Crown in Lower Canada, has rendered it but too probable that new attempts may be made against the settlers on Kcd Uivcr. The task of watching over their safety is therefore become a matter of urgeiipy ; aiul if 1 were to allow myself to be detained by the ambiguous state o( these leiial proceedings in Upper Canada, it might afford new opportunities to the iiinKlcier and tiie incendiary. I have already done all that could 1)0 reasonably required of uie to meet my accusers ; and though the conduct of the Chief Justice ut Sandwich has nut ailowe.l me the sutisfacliun of an explicit
dccisiuu
nED RIVER SETTLEMENT. «r,7
d'cci&ion of n jury, yet I trust ihut every unprrjudiecd person will liold mc sufliciently acquitted, ulieii it is kiiouii that tkiy iiiive Imd the must ain|ilc oppurtunitics ut' briu^iii^ tlieir allegations to the lest of pro<jf, and tiiat tliey have not been able to substantiate u single charge to the satisfaction of a grand jury.
Under all the circumstances of the case, I cannot think there is any obligation on me to remain longer in these provinces, when objects of paramount importance call mc i elsewhere. 1 regret that I cannot attend the trials which are ex|)ected to take place I at York ; but I believe that no material inconvenience can arise trom my absence, as { I leave |)ersons who are capable of giving testimony to all the points with which I am \ personally acquainted, and who can point out tu the Attorney General any evidence j of which he may be still unintbrnicd. I huvc already put into his hands the neces- sary materials for the prosecution of all the individuals who were aiTcsted under my \uirrant, and whose trials have been referred to Upper Canada; and I venture to say, that such a mass of evidence was never before put into the hands of a law officer of the Crown by any one prosecutor. The result of the trials cannot be doubtful if ^ that evidence be brought forward in a suitable manner ; but that is a point over which I have no control, as the law ofliccrs of the Crown in Upper Canada, as well as in this province, assume to themselves the entire management of all criminal prosecutions, without admitting the participation of the counsel for the private ! prosecutors. 1 have, &c. "~"
His F.xcdlcncy .Sir P. ]\lnitland, (Signed) Selkirk.
K. C. U. Sn: Sic. Sic ,- . _
Province of Upper Canada,"! Western District. J
' ■' ■- ' ■ .■.-:-.'-, '., . 'ji- .«. ,1 1 '•', . :' .. 1 fnclosure
S. S. (2)
in Sir p. Maitlaiidi,
Samuel Gale llie younger, of the city of Montreol, in the province of Lower "^"ih Juimary Canada, barrister at law, being duly sworn, de|)()st'tli luid siiitli, tliut on the (ith day of June iSi7,.Jolin I'letclier, ICsq. ot'thecitv of Quebec, in the said province ot Lower Canada, banister ut law, and one of His Majesty's Jiibliccs of the Peace, did at the Sault Salute .Marie, near tlic entrance of the Lake Superior, in the said western district of the said province of tapper Canada, illegally and unjustly at the head of a force of men armed u ith muskets, bayunet<i and swords, and being otheers und soldiers in His Majtstv'b -Hrvice, seize take und carry away eight chests or cases, containing nierehandizc and trading fusils, then being under the charge, care and custody of one Archibald M'Donald, of the lied River Settlement, in His Majesty's colony of Ru|)crt's Land, gentleman.
That die said Archibald M'Donold was then acting for and on behalf of the Earl of Selkirk, ond of the Company of Adventurers of England, trading into Hudson's liay, coinuuinly called the Hudson's Ray Company. And that he, the said Archibahl, did then expressly prohibit and forbid the said John Fletcher from taking and carrying away the said eight cases. That this deponent, who was present then, incinired of tiie said John Fletclier, by what authority, on what pretext, or for wliat legal reason, he «as thus forcibly seizing tlie property of others. That the said John F'lelcher's answers to these inquiries were, that he had no reason to give for his con- duct.and that lie had nothing to say as to the law ; that he did not act as a magistrate, but en miittare. And some time after which, he added " Silent leges enter arma." 'I'htttthe said Archibald M'Donald, and the men with him, to the number of about 100, were without arms, und were quiet and jjcaccable in their demeanor.
That the said John Fletcher did at the same time direct, that the said Archibald's men should proceed only in his the said John Fletcher's company, and forbade their proceeding «iihont him.
And this deponent further saith, that afterwards, to wit, on the 8th day of June 1817, at the said Sauit Saintc Marie, the said Archihald M'Douald, and this depo- nent, (lid go to the encampment of the sold John Fletcher, FLsq. where this deponent did deliver to the said John F'letcher a written demand, signed by this deponent, as tlie legal agent of the said Earl of Selkirk, and of the Hudson's 15ay company, requir- ing, among other things, that the said John F'letcher should deliver and restore into the bunds of the said Archibald .McDonald, the eight chests or cases afoivsaid, by him tlie said John Fletcher, forcil)ly violently and illei;ally seized, taken and carried away ; which demand the said John Fletcher refused to comply with. That the said Archibald M'Donald did on tlie same day lust mentioned, give to tlie said John F'letetitr, a protest against the said John Fletcher, for his violent and criminal pro- ceedings, ^\hicllsaid protest contained also a notification tu the said John Fletcher, , 584. 3W thul
258
PAPEUS nKLATING TO THE
tiirlojiire
in Sir 1". .M.iill.111 <il filli Jauu.iry
Iiirlci«iire
tl)ttt liP tlrc snid Archibnld woiiltl urocot'd bs speedily a<t possible with tlio unarmed and defenceless men under his direction, to the plnce ot their dubtinntion. That n(-cordin(>ly on tlie day following, as nearly as this deponent can recollect, tlie said Arcliihald M'Dunuld did in ett'ect endeavour to proceed on hig journey with his men and tlieir baggage which consisted only of their clothin^, and a small quantity of cloti) {^oods. That wiiile the said Archibald and his men were prtH-codin^ (piietly hIook, they were perceive<l by the said John I'^letchor, who iinmetliatcly ordered liis n^en to take their arms and load them with ball cartridi^es. J'liat the said John rictcher then ordered his men to stop the said Archibald's party, which was done ih consequence, some of the said |)arty bein^ compelled by (utiin force to throw down the goods they were cimveying. fiiat the said John Fletcher ordered some of his men, two privates and n cor|)oral, as nearly ns tliis deponent can recollect, to take the said Archibald McDonald prisoner, winch wiis nccordingly executed ; and the said Archibnld was conveyed a prisoner to a tent, where a sentinel was placed over liim. That the said Arciiibald was in this maimer kept in rigoious confinement from the afternoon until near midnight, during which {lorinii the said John Fletcher told this de[)onent, thdt the said Archibald should be put in irons, and sent away a pri- soner in irons, 'i'hat the said John Fletcher, in the exercise of his tyrannical power, neither acted as a inugistrate, nor alhged any oilcnce to have liecn connnitted by the sail] Aiciiihiild, hut on the contrary gave this dc|)oncnt to iiiideistund, that he was guided by lii!> own will only, and considered himself above the law.
.Ami this deponent further snith, that the said Archibald M'DonftId had been guilty of no crime or ottence, but had acted in n |>erfectly lawful and quiet nmnner.
(Signed^ Sttiiiuci Gale, jun,
Dear Sir, Sandwich, ()th September i8iS.
I have road with attention the deposili'" tmdc by yourself, and the papers ncconipaiiying it, which you put into my li yesterday. Your information
certainly conveys, while unexplained, sucli a cli.irge against Mr. Fletcher as under ordinary circumstances would call loudly for a criminal |)ro'>ec(ition, besides the civil remedy given by law to the party. Hut I feel myself bound to consider the peculiar nature of the duties and powers entrusted to >fr. Fletcher and his coadjutor, to enalilc them to restore tranfpiiliity to a country in which such violent outrages had been committed, and in which, from its remoteness and extent, and other obvious cAiises, it appeared the restraints of law could not be enforced in all instances in llie ordinary manner, or Mr. Fletcher's appointment would not have taken place ; nrt necessity appears upon the face of your information, for the strong measures Mr. Fletcher is stated to have resorted to. IJut the high confidence placed in him by his (lovernment, leads me to presume that his conduct is capable of explanation, and that this may he one of those instances in which he exercised that discretion on which his Oovcrnment relied for preventing,' the recurrence of (hsorders, that had led to the extraordinary apjiointment of himself and Mr. commissioner Coltiiian.
The acts complained of eonslilule a civil injury, for which liie |)arty agijrieved may appcid to his country for such remuneration in damages, as under the ciieiiinstaucLS a jury may think him entitled to <'luim ; but from a consideration of the |>eculiar nature of .Mr. Fletcher's appointment, and how much was iiecessurily comided to liis discretion in the delicate situation in which he was placcil, I dec:liue preferriui; any criminal cluirgc anuinst him for llie trespass you complain ot) without the e\i)rt'ss direction of tlie Ciovernuient. I am, &c.
To S. Gale, jun. Esq. (Signed) Jit° B. liubiiisou.
Sir, .Sandwich, 12th September 181 S.
I beg to explain to you in writing, as prosecutor in the charge you recjuired me, as Crown oflicer, to jireler against -Mr. Vandcrsluys and ^f^. James C. IM'Tuvish, for jieijury, upon liie inforniatiun you placed in uiy liamls, tiiU cuubideraliuiia which dticrniiiic me not to submit sucii u charge to the gnind jury.
The charge made by Messrs. Vandcrsluys and M'Tavish, which you complain of as a wiifnl and corrupt perjury is, Imt the Earl of Selkirk and several others, the leading actors in the forcible possession and detention of the establishment, mer- clianilize and papers of the North- West coni|)any at Fort William in i8it>, did, on ihe 14th of August in that yeiu", feloniously steal, take and cany awMy, 83 fusils the property of the North- West company. 'I'his charge, improbable as it seems, •
I am
RED n I V K It s K *r It t F. M lil N T.
s.^i)
I ntn urjjcd as Crown oflicer to prcfrr ; mid evidence is put into niy linnd^ to support it. I am thus incvitHbly ltd to see liotii sides of the case ; and it appears to nic, hy the depositions placed heforo me, of several witnesses corroborating tiiat testimony which you assign as perjury, that while the houses and private pro|)erty of the persons composing the North- West comjinny were illegally and unwarrantably detained Irom their proprietors, by an armed soldiery under the command and control pf the l'"arl of Selkirk and the others nientioned in the charge you placed before me, the 83 guns in question were taken under the immediate direction of captain D'Orsohncns and captain Matthcy, by a party of so'diers.
If the warrant you hav e shown to me, under which you state them to have been sci/ed, were U gaily issued, and on Ic^al evidence ; and if it were known to the |mrties who coui|ilain of the s^izuic as a larceny, still, on the face of it, it only authorizes a search or seizure xcil/iin the fort ; whereas this seizure it seems was made out of it, and at any rate no warrant could Justify the subsequent use and appropriation of thcui by the Earl of Selkirk and his adherents, and the consequent loss of them to their lawful proprietors. On this evidence, the agents of the North-VVest company submit to me the propriety of preferring a bill for larceny of these guns against those who actually took them, and charging those who subsequently received them as accessaries after the fact. On con^imiration I decline doing so ; because, though t think the act complained of highly illegal and nnwnrnintable, and an open violation of private right, yet I think it not felony, and therefore do not think it proper to prosecute it as such. Ilut, on the other hand, I think there would he us little propriety in preferring an indictment for perjury agninst those who have eouiplnincd of the taking as felonies. They knew the property to belong to their empluvcrs ; they may have supposed that every forcible and illegal taking of the goods of another constituted a larceny, and that even if the taking was under some pretence of legal authority, the subsequent use and nppropriHlion eould not possil)ly be so. It is not finrprising, either thnt they should conceive that those who directed were equally concerned with those who acted, and that those who maintairted an armed soldiery in forcible possession of the private property of their felloW sut)jects, were criminally answerable for all their violences against that property.
If in these conclusions they have lieen mistaken, and have not judged as the law judges, but charged the act in language wliich in legal strictnes-^ it will nut bear, they have but fallen into an error of which too many instances appear in the conduct of both parties, in the charges they have advanced against each other.
I feet that I should be acting unjustly in singling out these gentlemen as the objects of a prosecution for an infamous crime, for a mistake of the laws, which, in my opinion, is general throughout this unfortunate contest ; and with such a conscious - tiess I will not be instrumental, by straining criminal charges beyond what the law will bear, or justice requires, in heightening that feeling of recrimination which already prevails too much. I am, &c.
John AUim, Esq. Surgeon, R. N. (Signed) Jrf B. Robinson, A. G.
Sir, Sanilwicli, itith Sept. 1818.
I had written a letter in answer to yours of the lath instant, before tlie adjourn mcnl of the Court, and notwilhstantling that unlooked-for event, I would have ololi,' January delivered it before you had left Sandwich, if the aftidavits of Messrs. M' Donuell iSicj. and Pritchard, which I now transmit, had then been com|)leted. In these, and the other aeeoiiipaiiyiiig utlidavits, you will hnd inforuiation worthy your consideration. With respect to your observations in extenuation of the guilt of Messrs. Vandershiys and M'Tavish, I cannot pretend to say that you may not he BC(iuitinted with all they have to say in their defence; but when you pj'oceed to speak of Lord Selkirk and his people at Tort William, as if you were in ijos-session of the evidence on both sides of the question, you will permit u»e to observe, that you deci'.v'e yuursell', and may he led to do injustice to others.
Messrs. Vamlersluys and M'Tavish, against whom yoi' decline prcfeniii!? an indictment for perjuiy, because in your opinion they only made " a mistake of the law," did not in tlio uttidavit upon which the wmrtiiu for felony was issued against Lord Selkirk, Captains Malthey and D'Orsonnee.s, Messrs. .M'Xahh, M'^Pherson, Eonciie, Allan, ]\I' Doimell, Spcneer and l)c (natlenreid, specify the facts of the case, and the mode? in which the eighty-three fusils were taken, so as to enable the magistrates to form their own judgment of the degree of guilt, and put their own
.'',84. consU'uclion
Incliisure iiiSir P. Muitland's,
SI
V I
•6o
r A V F, U S 11 I'. L A T 1 N O T O T II K
cnnstruclion ii|H)ii {\iv mitiiio of the tiuMHiu-tioii, liiit tlicy cIumo, instead of sliitiiii; till! oii'i'iiii)stiiii(.'t'H or the I'dch, tn iH>inii<> tin: pioviiicc of iiui^istiutcs mid of jiimrit, ill 8«c«iinu to the kj(al (iuirnctir of the Ail. 'I liul tliis could not iirisc from tiii»- Inki', but miikIoiic wilfully nnd iimliiioiiitlv, is ii|>|mrrnt from A'r. \'iinilurkliiy!i having iimdc uii utiiiliivit biforc (,'liicf .lusiict; I'uwell, uiid ii hccoiuI timr bdurc Metitrs. Kaliy, iiKoiiMstLiit Mith limt w hereon the WHrnint uii!« issued ; und is also ap|Mroitt from li)t' tact, tluit Mr. Speiicor ua.s not at I'ort U'illiaiii when the fusils were taken (as Mr. I'rilcliurd's atlidavii herewith M'lit you will e!>tabli.sli,) but only passed Iroiu the other side of the river to tiiat whereon Fort William is situated (to avukl tlii! duiifier Mpprehnidcd (Voin the suspicious situation in which the fusils were discovered,) and Irom the fart, that Mr. M'l)iinuen never even saw the fusils that were seized, which is estalilished by liis omii atVidavit.
It was probably by an equal mistuke of ttic law, tlinuxh of another kind, that the houses of the coloiii.'its, with the schooner at lied Uiver, were burned; that Ciovernor Srniple and twenty others were put to death ; and that nearly two hundred men, women and children, uirc driven to encounter the horrors of famine in a desert. Diit while the l(';;al mi.il;ikcs imputed to Ixird Selkirk, in tiis endeavours to bring niurdertrs to puni^linient, and to secure protection und support to widows and orfilmns, ore brouiiht fiirwurd us causes of severe visitation upon liim and hia friends, it seems hard that where in reality no mistake can have been connnittcd, fears of straining criminal charges too far should protect the guilty. Lord Selkirk caused Fort W'illiaiii to be enteriii of necessity in llie execution of his duty as a // iiia<;i>trati' ; Ik; afterwirds took up his abode in it to avoid the |)renurutions uliichX were made to attack him in tin; open plain, (I refer to the allidavits of Hlondcau JiMil Frater, herewith iciit.) He coiiii! not j;o on to Keil Iliver that Summer, for ins own houses there liad been burnt, the culonit'ls were tiriven ol}', the season was ndvanu'd, and a body of the Nortii-West servants were at that time traitorously in arms, with tiie artillery provided by (iovcrmuent for the defence of the settlement posted on the river Wiunipic, in order to prevent the entrance of any but the \orth-Ue>t people into the country, lie remained at Fort William instead of re- turnin;; to f^iwer Canada till the Spring, in order to be nearer at hand to render the earliest assi.->tance to the widows and orphans who had be( n expelled. lie went for- vard with the first navigation in the Spring to Red Uiver, and by the.se exertion* nnd by this conduct, he jirovided tor the support of the surviving settlers, widows nnd orphans, who returned to the colony, and procured for the remains of the dead the charity of a grave, w liieli had been denied them by the North- West company.
As .soon as he could quit tlujse higher obligations to attend to those of minor, of less immediate, nnd mere personal concern, l..ord .Selkirk came (without even visiting his family at Montreal) to the province of Upper Canada, to meet the calumnious accusations which had been brought agiiinst iiim. If in the measures taken to enable him to uccom|)lisli the pciformance of these sacred duties; if sutfer- ing under the weinht of immense and irreparable los.ses ; if under tlu; pressure of every mist'ortune and dillicuhy that could harass, distress and wound the feelings, Lord Selkirk ^liuidd have lailcn into M)me legal mistakes, would it be sur|)rising, or could ihcy merit animadversion ? What would be the mind that would deny hint its sympathy r
Like an Fiiglish sailor, I am accustomed to speak with frankness ; but if my feelings be expressed witli too much warmth, I beg you to believe it is not my intention to otlend.
For my own part, I regret that tlie charge of felony against myself und the others was not presented to the grand Jury, in order that its retutation might have been complete ; while on the other hand, my earnest wish that the charge for perjury should be preferred against Messrs. X'andersiuys and M'Favish, in order tliat the means used to briog obloquy upon the Karl of .Selkirk and others may be fully known and exposed.
At the close of your letter, you speak of a feeling of recrimination which prevails too much. 'Ibis is u phrase whose meaning I am uiiubic to understand, ahhuugh I iiuve labourcil to discover it. How can reeriinination exist, when every felony, arson and murder, have been committed on one side? On one side nearly titty of our fellow citizens have been deprived of lite liy human niciins, within the conipa.ssof two years. On the other side, not one I'lilisli subject has fallen. " 'I'lie inot.hers iiiav " lie down in the dust, and the womb may forget the slain, but the memory of these
" decd.s
RED 11 I V i: R S i: T T I. E M E X T.
2(U
ill Sir (if (iti l8i(j.
" Hcfids nhnll not puss nway," even if ilic (lovemmcnt should onlcr all prosccutiom iipiinM tlio miinic rcrs to I)l' dropt, and insist only on the |MirbCcntioo of tliose ulio Imvc Itthourcd to prevent the continuance of their Crimea.
I icniuin, kc. To Jn' ]]. Holiiiiton, Esq. (Signed) John Allan.
' Attornry-( Jpuorid, Ac. kc. &c.
Wt'ltern District,! Personally appeared before me, .Fcan B" Baby, Esquire, one 1 SandMich, to wit./ of His MnjcHty'.sJu.Hticcsof the I'cace for the said district, John Allan, now of Sandwich ufurcsnid, who, Iteinij didy sworn, deposeth »nd saitli, Tliat he is surgeon in the royul navy; that, on the i.jtii of AuRust i8l(i, near Fort Williuin, in the western district of Upper Ciiniida aforesaid, a warrant was put into his IuumIs by the Earl of Selkirk, who was then n nui^istrntc for the said district, and also for the Indian territories, by which this deponent and I'roth/'e D'Ovct D'Osronneiis, Esquire, late ii captain in the rej;imcnt l)e Meuron, were re(|uircd to proceed to llic said fort, and there to put seals u|)on the papers, and to sccuri; the arms and wnrliko stores beloni'ini' to the Norlh-Wcst coui|iany, or to \Villiam M'CJillivray, and ei^ht other persons belon^inj» to the said company, then present at I'ort William, all which will more fully ap|)ear by a reference to the said warrant, of which u true copy 8i<;ned and certified by this deponent is annexed to tliis information, and the ori;^innl of which this deponent exhibited tu the signing nia^istratc. 'i'hat, in compliance uith tliu said warrant, this deponent and tlie said D'Orsonncns wcnttol'ort William, accompanied by Mr.John M'Naliband Mr. Uonald M'Plierson, who hod the same day arrested the said William M'Gillivray, by virtue ol a warrant from the Earl of Selkirk, on the charge of bcin^ accessary to the murder of Robert Semplc, ond other persons, on the icjthof June prccetling, at the Settlement on Red River, and who were then in jiossession of another warrant, charging them to arrest several other persons belonging to the North-West company ther> ut I'ort William. 'Jhat, after some resistance on the part of the accused, they were compelled to surrender themselves to the said M'Nabb and M'Phcrson. '1 iiat, as soon as this was cHicted, this deponent proceeded
/and showed the warrant, of which the annexed is a copy, to the prisoners, and requested them to desire their principal clerk, or some person in their behalf, to accom- pany him and tlic said D'Orsonncns while carrying it into effect. That they then appointed Mr. Robert M'Uobb, one of their clerks, for that purpose, who iunncdiutcly went with the deponent, and the said D'Orsonncns, to a building called the Office, in which the North- West company's accounts at I'ort William are kept, where they were met, or were immeiliately atler« ards joined by Mr. Jasper Vandersluys and Mr. James APTavish, two other clerks of the said company, ihat deponent then, with their nssi.stance, began sealing up the papers, and, while so employed. Captain D'Orsonncns inquired of them where the arms ucre kept, and was answered by M'Robb, in the presence and hearing of the said Vandersluys and M'Tavish, that tiierc were no orm.t in the fort. That, alter sealing up the repositories of papers in the office, this depo- nent, and the said D'Orsonncns, proceeded to the apartments of the individuals who had been arrested, and were always accompanied and conducted by the said Jasper Vandersluys and James M'Tavish, who usually put a seul for the North-West com- pany on the repositories of papers, along with that of the Earl of Selkirk, which tliis deponent affixed ; and that the said Vandersluys took notes at the time of these proceedings. That, before the affixing of seals was completed, it was near midnight, and this deponent, and the said D'Orsonncns, agreed to defer securing the arms in the fort agreeably to the warrant till next morning ; the Earl of Selkirk having per- mitted the prisoners, after they had been taken before him, to return and occupy their opartmcnts, upon pledging their uords that no further attempt should be made to resist or im|)ede the execution of the warrant. That early next morning, intel- ligence was brought to the Earl of Selkirk, that a quantity of arms and ammunition had been secretly conveyed, during the night, out of the fort, and soon afterwards that upwards of eighty fusils had been found in a hay-loft adjoining to Eort William concealed among the hay, and in a great [troportion loaded with ball and ready for action ; and about the same time ten or twelve barrels of ammunition were found concealed in un adjacent meadow. That soon after the said arms were discovered, tliis deponent was informed that they had been seized and put into a place of security, ^
to prevent an attack which deponent believes to have been meditated against the Earl of Selkirk, and the people uith him. That Vandersluys and M'Tavish were per- fectly acquainted with the nature of the warrant, of which the annexed is a true copy, having liiinbelf shown it to tliem ; and, as this deponent believes, one of thcnt took a •• SU* .} X copy
iiiliiiiiri
«i) 1'. .M.iiil.md'i, Juiiuury
jr>2
PAPERS RELATING TO T II K
Iiiclci>'.'r'
(7'
I'l; Sii r. Maitl. II.IV. iif fitli January iSig.
Iiii'Insiire
copy nf it for tlw use !)f their employers. Thot deponent was therefore much sur- prized, on Ihf 19th ut' Maivh 1817, on the antvai of William Smith, under siicritT of this district, to find that he hat.) u warrant of arrest for felony against tlie £arl of Selkirk, this deponent and others, for iiavinjj feloniously stolen and carried away tiie the fusils diHCovered as uforesaid concealed atnon); hay, apparmuly for the purpose of destroying tijc Karl of Selkirk, and those who \tcre assisting hiui as a magistrate in securing criminals, and materials for their conviction in a court of justice. That this de|V)neht hath understood and believes* that the said warrant for felony was granted by a nmisistrBtc of the western district, on information on oath made hy the said Vandersl'<ys and M' lavish, that ihe said fusils had l)ecn feloniously stolen, and this deponent declares, tliat the said Vandersluys and M'Tavish gave tlicsaiti information oil OMtii, talsely, maliciously and wilfully, notwilhstandin>{ their previous knowledge ot the circumstances in which the said aruM were sccurcsl asaforeSiid.
• Token l)Ctoic nie at Sandwich, (Signed) JMm AU<Jn.
this nthdiiy of Ap'il i;li6.
(Sigi-.d) J.B.bahj,.]A\Vf.\^.
Fppof Canada, 1 Thomas, Earl of Selkirk, one of His Mnjestys Justices, \V eslern District.) assi^i^ed to keep the peace iii the said district, and likewitic in the Indian territories, or parts of America.
Tocsiptiiin Trotiy-c D'Ovct DOrsonncns, of t!.e late regiment of De Meuron, n»'l to John .Allun, siir>;eon of the royal navy, and to all o/Ficers >f justice in tlie siiid distiict, greeting —
M'hcreas there crc good grounds of suspicion, tlmt a traitorous con«pir!icy against the laws of the realm and th<.' govcrniiu'nt of our i.ord the King, has htcii Ciirricd on hy the company of merchants, known nndtr tiie name of the Norlh-W'est Company, or at least by several peisons, partners in the same ;
These are llioril'ire to recpiire you forlhwiih to lepair to the fort or trading post of tlie said company, called I'ort Williuu), and tiierc (in presciice of out' of the chief cif'rks of (he t.iid com|>any) to seal up nil papers which may l»c found theiein, belonging to the said company, or lo \\ illium iVrfiiliivray, Alexander At'Kenzic, .lolin .Vri )onal(l, Ilitifh M'Gillcs, Simon 1 rascr, Daniel M'Kenzie. .fohn M'Lau^i)lii), or Allan M'DonnId, u>id tu socon: the smmm', iin<l also to secure all arms and warlike atoies, nhich may (ic tbund wiihin the said fort.
Given und<r my liiuid and seal, at Kami li^tiiiaia, this l;}lli day of Aupi-t, in th.; year of our Lord iSiti.
(Signed) Selkirk. (L S.)
My I.ord, '^'ork, tht 8th of Kovember 1818.
I have the honour to acknowledge t!ip receipt of your I.x)rdship's letter, and to tht\nl< yo'j for the advice yon have been pleased to give mc. But it appears to me, the fact i« -() noiorious Hint Mr. I'li t( her wa-^ not employed I"- tiie goviinniciM nf this province, that a crimind |)roseciiti(>ii -Mt on toot against the mdividuul inque>ti(ia is by no niians nrcc^'srv, /or the |>urposeot vindicating its honoiu'.
I have tlie honour to he. Sic. Tc the F.arl of Sf4rrfc. (Signed) P. Maitland.
May it please your F.xcellcncy, York, December .'Jth, 1S18.
I am viry iJmnl.ful tu vour Kxcclhiiry forha\ing |)luced before mc the comnni- nlcalion which the Vm\\ of Selkirk bus thought ht to address vour J'lxcellencv luhde bis departure troin Cdiiiula, contiuning, among oilier matters, a represen- tati<»ii rather iii llie language of complaint, ngain>^t my coiidnct as C'ro>vn ollicer, in declining to prcter to tiie grami j.iy u criminal charge nguinst .Mr. l-'Utcher, oik; of the sjieeiul c()ihiiii.ssioner> appointed by Mis .Mnjesty, lo take the mast edectual imm- sures tor resluring tu tramiuillity tiie di.itiirl)ed state of the Indian territories, and anollKr iigaiuata .\Ir. Vander.siuvs, and a .Mr. M'Tavish, for |H'riury.
This part of the I'.arl of Selkirk's letter more pnrtiruhnly calls fornn explannti'in from me, and 1 pIihII theichire notice it, before I pn«-erd to other points ol his I^)r(!t|iip H stattinem; and I am sure I shall have your Kxrellency's indulgence, though I slioutd iiiseiisibly be led into a i(n:thy detail, I mm a iiatuial wish to repel the wily npn'sctnatioii in the shape of n complaint, whidi I know to huvc tjccu made rofpecliiig my pixjkssional < 'jiiduct, either public or private.
After
ii t
i
-RED RMM'R S !• TT L K M i: N T.
>iC)H
After all I liad lieard and seen of tlic conduct of the dis}>ulcs bc-tHecn llie EaH t)f Sclkiik und Ihc Noilli-Wcst company, Ijeforo my oflicial duties made me in any iiiiuHRr connected with thoin, I was nut so infatuated as to iniaginu that when my torn came, the most upright intentions, tljc mo!<t independent, and at tli« iwme time luuat cautious conduct, could exempt me entirely from the illiberal aspersions which I saw constantly cast u[Km all who hud the mislortune to have any tiling to do with this extraordinary contest. The (iovernor, the Judjjps, the Crown Officers of the sister province, and botli His Majesty's Cotntitissioners, had been so inditcriiiiinatcly blamed, that to be distinguished from all others by an exception from his Lord- «hi()'s censure, wotdd naturally have led me to fear, that I must l«ve sacriticed my integrity to a dread of oftendin;^, und purchased my peace by a dereliction of duty.
^\'ith these feeiiii;;s I acted in wlmtcver I have foun<l it my duly to do in pro- secutions, which unfortunately for the ends of justice liave been too inu<h the subject of public discussion, trusting that the generality of his Lordship's criininHti<JU wou'd convince dispassionate men, tliat, in his opinion, law was only properly administered, when exerted in gratifying in tiicir utir.>st extent vindictive fctliiins aj^ainst his opponents, und would kiive myself and other public officers little to apprehend from the newspaper calumnies wl Li, this content iius generated, or from any coin[)laint3, unfounded in fact, which hi-> f^rdshij), to answer the purpose of the nmnivnt,* might choose to embody in a representation to the head of tii- Ciovcninient.
^^y duty as Crown officer w»» obvious; I had but to consider on this, as on all other occasions what public justice demanded, without regard to tiic piivate ends iir |i I lings wliich either piirty might have in the criminal prosecutions whicii I might ilnd il pro()er to prefer to public investigation. Oi that intention I am conscious, und whatever may have been its success, it is at least «i;rtunate for ni\self and for others whom his Lordship has thought tit to accuse, that much of our <'•;?) is tlischarged in the face of the country.
Upon tl»e first matter mentioncil in his Lordship's Utter, namely, my decliniria; to prefer u criminal charge against tlx' special cominissioner, Mr. i'ictcher, I will oh- i,.':i i'e to your Excellency, that by the n.'-age of llie colonies, at least of the provincos of Canada, the conduct of all criminal prosecutions proper to he tried in the supc- lior criminid courts isentru.sted to the Crown oflieer, who, besides tha' thecstahlisheil charge i\gaiust the revenue of the co!ony for cacit prosecution, thougt inconsiderable, is sufficient to produce in him a delicacy in incurring it where tl'j charge appears frivohius, and a more |)ro]HT remedy can be cisew here ol)tained, as hI ^o a discretion which his sifur. "mi as prosecuting immediately for the (,'rown, rctpiires he should exerci.se, in not sutVering himself to give the junction of his name to a criminal prtwedution, intended imirely for the gratiticatbn of private resentment, and urged rutlier by party teelings than a reg.ird for public justice.
Peculiar circumstances also, connected with a particular case, as in this instance the s|>ecial appointment of Mr. Fletcher, may ph\cc the Attorney-General, who is not su;.|wsfd to act without the sanction, much h-^s against the wishes of his (nn'ernment, it) that situation, that he will conceive it his duty to await their directions, before he involves tlicm in a responsibility, which his acts in some measure impose upon ihein.
Having made these remarks, I leave it to your Excellency upon the perusal of my letter to Mr. Gale, of which a copy accompanies his Lor Ship's communication, to determine the propriety of my decision with respect to prj;jOuting Mr. Eletche., upon the reosons whicii I there give.
With re8|)ect to his Lonlship's next subject of complain', my declinhig to prefer an indictment again>t Messrs. V'andershivstuid .M'l'iivi.-.'' fee oerjuiy, my letter to Mr. Allan, whicii I thought it pro|)c*r to write, that mv reasons iniglit not be mis- understood or misrepresi-ntcd, of which his Lordship has trunsnutted a copy, contains all I then thought and still think upon that suhje'ct. It will place the matter as it was, belore your Excellency, und I will leave it there without comment, only re- nr.nking, that charges lor similar perjuries, might with as ureat |)roprietv, and in sotiu instances with greater, be preferred auainst many of the witness brought I'orwurd by his Lordship, to sufiport the ditferent charges against the servants and agents of the North- VWst company, lately determined.
I have a number of affidavits iii my |V)ssession, in which his Lordship's witnesses
charge acts uiiequivocally in all the technical language uf tlie law, to be laireny,
5K4. murder.
2^4
PAPERS RKLATINC. TO T II !•
I f
murder, i^c. wliich a couit and jiirv liad no licsititlion (ittcrwHrils in deciding to i»e neither one nor tlie other. Anion;; theui, sevcnil chur;;ing tlie two Scotcii lads hitely tried with stealing; nine pieces ot hi.s Ixjrdsliip's cannDii, ii ciiar^e which when the facts wore pivcn in evidence, a()peare(l to tiic court and Jiny, at least as it respected tliose two persons, to be pcrt'ectiy riiiiculoiis. Yet ivno" ins: that the affidavits on hoth sides had Ix'en in most instances prepared for the di-pontnts hy the ()rofpssional agents of hoth parties, or hy tlic parties ihcinsclves. w ho clun ged the acts complained of in such ian^uano as tliey fancied they miiiht bear, I never deeincil it my duty to prosecute liis lordship's witnesses for perjury ; and I must do the accused, upon those charges, tiie justice to say, tliat they did not require it of me.
If your Excellency had Ijcen longer in this province, it would he nnnecessaiv to uniiark to you upon ilie industry used by the Karl of Selkirk and his adherents, and hy the Nort' West companv, to impair the riipiitation ot eiicli other, hy accii- fniiliitin!» upon them the criininid churses of every grade, and how ol)viims it js tiiat n public |iro>i'Cut(ir must find, tliat a temperate iidminislration of criminal law, would require liiui to discountenance some ot the uccusutions wliich such feclini's of mutual indignation would "\\x ri^e to.
It was niv duty to exercise my discretion in rcjcctinj; wiiat I thought clearly improper, wlioiver miiiht «ish to ailvanee it. The same principles which ;^overned me in this pmticuUr instance, made me refuse to prefer several c]iari;es for felony ngaiii.-t the Karl of Selkirk and his lollowers, for outrages which, tliouiih notlinvr could justily them, I did nut think wire Iclonious in the eye of llie law, ami which, theretorc, though urged hy the agents ol tlie Norlh-\\'est company, I ilecliiu'd suh- niilling to a grand jury.
They seemed, like his Lordship, not altogether convinced of the propriity of my decision, or the necessity of my scruples; hut it seems they giwe me credit fur thinking myself right, for they have made no accusation of me to your i'.xcelleiicv.
In reference to this case, auil to that of .Mr. Fletcher, it is to he remarked, that if in both points I decided contrary to his Lordship's judgment, he was still in no wor.se a situation than all [-rosecutors are in l-.n^land. For il'ihe ("rown oflicer her<; is urged to prefer an iiuliclmeiit upon a chiULie which he thinks groundless, or perhaps vexatious, and he conset] lently declines it, it only follows, that the (Jovtrnment will of course not defray the expense of u prosecution which its own oflicer condemns, aiid not, hv any means, that the door of justice is shut.
Soon alter my return iVom the western circuit, a hotter was addressed to me by Mr. Allan, who urged the piosecutu)u for perjury, dated the itith September i8iS, of which 1 see his Lordship has inclose^l your F.xcelleiuy a copy.
It was the first thing resemhling an insult (though the writer di.sclaims any inten- tion tootVend) which I had receive<l in six yenrs professional duty, public and private; and I h.ivc the sati>liiction ol' being assiire<l I never deserved it less. I should be imicli to be pitied, placed iii an otVre, the exercise of whose duties cannot be agrce- ublc to all, if such incidents gave me much pain.
1 considered, Mr. Allan, hv his occupation for the last few years, had acquired n habit of invective, which he ili>l not ai)[)iy with very accurate discriiiination ; and that his lettei- was written, no iluuhl, as well as tiiut to your Excellency, which is uuw bel'ore me, to fill a niche in some futme painjihlet. The only notice I took of it was, to mention it and my sense of its inoecency, to his Lordship's counsel, Mr. ( iale. I did not sutler it to have the effect tor which it was probably designed, ofgivinnhis Ujrdship some pretence (jf complaint, that I would not communicate freely with bis agents and witnesses during the trials that were afterwards to take place.
The F.arl of Selkirk next remarks upon the [)roceedings nt the late a.ssizes at Sandwich: they are indeed truly stated to have been extraordinary, and presented too striking a proof of the unhappy ttl'ect which contests of such interest, and sup- ported hv such iufliience, may have in a society so limit* (I as this, in depraving public morals ; and how a spii it ol pal ty may lead min, in a particular instance, to discredit the tenor of a well s|)cnt life. I ivill give your I'.xcellency, in as lew words as I can, nn account of what passed at Sandwich, in which the Karl of Selkirk was concerned, not with any view of vindiiating myself, for his Lordship there imputes nothing to me, and if he had, I could have noohjeclion to share in the censure he has, wiili to little delicacy or hesitation, advanced against llie Chief .Justice. If presiding thirty
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years in the administration of justice, with a reputation for integrity and talent which has raised liiin to the highest station in the courts and councils of the province, do not avail to shield him fioni insinuations of so base a nature as arc contained in his Lordsliip's letters, and from others more grossly indecent, which have filled tlie columns of newspapers, and which it is fair to believe were inserted by those who are interested in having them believed, surely others need not hope or wish to avoid them.
To a man conscious, as the Chief Justice, of having no wish but to discharge the sacred duties of his oflice in all questions brought before him, it can be matter of small concern what feelings of iliil)eral resentment the firm discharge of his duty iftay excite in the objects of criminal justice, or in what manner they may choose to give those feelings vent. Happily lie serves a Government too just to suffer its servants to become the s|X)it of artful misrepresentation and party spirit. It is due, however, to the reputation of the justice of the country, that tlie circumstauccs to which his Lordship adverts should be satisfactorily explained.
Soon after the Court opened at Sandwich, I preferred to the grand jury a bill of indictment against the Earl of Selkirk, and several others, for resisting the execution of a legal warrant by an ofticer of justice, whom his Lordship, instead of obeying, confined under a guard of soldiers lately disbanded from His Majesty's service, and retained in his Lordslii[)'s pay, armed with muskets and bayonets, part of the militarj band whuui his Ix)rdship maintained in forcible [>ossession of the houses, goods, and papers of the North- West company at Fort William.
Tills act of his Lordship, it is doubtless known to your Excellency, excited that feeling in Ills Majesty's Government in England, that posiil.w 'Urections were sent by the Secretary oi' State, that the Crown officers of this province should be in- structed to prosecute him for this open defiance of justice. The officer himself who had been tluis imprisoned, and other evidence which placed the resistuiico of the law beyond doubt, were sent before the grand jury to su[)p()it the charge; but in a very few minutes they returned the bill into Court not found.
I was prepared to find u Iceling existing in his Lordship's favour nmouL; the principal inhabitants of tlie western district, for I was told it had nianife.'^tcd itself ill several instances that had been represented to me before I had ai personal concern in these prosecutions. It might be very naturally ascribed to tl' plausible ^irinted publications of his Lordship, which had been circulated with a mischievous industry throughout the western distiict, and translated into I'lcnch for the informa- tion of those who might be petit jurors, which were evidently written to discredit the testioiony of the most material witnesses for the diHi rent prosecutions, and which coi'iained, strange as it may seem, copies of all depositions of iaiportaiico which his Lordship or odier magistrates had taken for liie prosecution, in charges i'oT which men were afterwards to be tried f«)r their lives. And it might aI.~o be ascribed to that feeling, honourable in itself anil indicating a generous mind, which could with difficulty be brought to believe, that a peer of (iieat IJiitain could have committed crimes which should have put any private individuals out of the pule of society. I was aware of these prejudices which the prosecutor of his Lordship had to con'end with; but I did not anticipate the possibility of a charge of so .serious a natuia ns to have drawn to it the attention of His Majesty's (iovernment in luigland, and supported by testimony so i)lain, being rtjected by a grand jury in as short a lime almost as must necessarily have been occu[)ied in reading the bill. The consequence was, that though I had ano.iier indictment t.j submit to the grand jury u!;ainst the Earl of Selkirk, and some of his armed followns, at tiic |)ioseciition of t'.ic deputy sheriff of the western district, who went to Fort \\ iiliam to execute a warrant of restitutitm, and w.is imprisoned by the Karl of Selkirk for six weeks, under a guard of armed soldiery, until lit; was released by the special coininii^sioneis, when he proceeded in the execution of his warrant. I did not present it, choosiiiir rather to deviate from the spirit of the instructions that had been transmitted iroin England, than to expose the administration of justice to a sccjud insult more aggra- vated than that for which the prosecution was preferred.
On the second day of the Court, I piefemd a bill against the Karl of Selkirk and many others, his Lordship's followers and adlicrcuts, tor a conspiracy to ruin the lra<le of the North-Wesl company, grounded principally on his lAJniship's conduct at I'ort William, after he hud entered the fort with an armed soldiery, sent do«u the North-West purtners j)risonerj, and taken into his own keeping their houses,
^^A- 3 V paper*
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P A r E n S RE LA T T N G TO T T! E
'Jin
I
piipcrs und ^oods. I will not detail any of tlie cimrges orfrtirtSt the Eflrl of SclRirk;''- and his followers, wliicli from the overt acts of tliis con!>|)inicv, and wliich, inc.Tdible'' us they mijj;ht appear to your Excellency, were supported hy the concm rih{; tc'stii'hohy " of more tiian tliirty witnesses, to whom liis Lordsliip lainertts a tco easy credit lids' been given.
\\lienever his Lord>hip afibrds an opportunity for a public investigation of tlicso charges, it will he found that tiicir proof dcptnds nut solely on the vivu voce evidence of witnesses, v, houi his Lordship can with ease call jwrjlircd.
As the bill contained many cliarjics o," which the truth was complicated, and of various descriptions, much of it documentary, besides the testimony of so many, witnesses, I desired the prosecutor, after he had givjn his own evidence to tlie grand- jury, to remain with them, for the purpose of marshalling the evidence for the pro- secution, callin!» the witnesses in the order best calculated to explain' the dilPirent' chari;es, and to unfold and arrange the written evidence, and show its applicatio\^ to the dilVercnt heads of conspiracy mentioned in the indictment ; and after he h;id done t|iiit to withdraw. I told him, also, that as a prosecution so compiibated as this necessarily was, had perhaps never before occurred in this district; and the grand jury, from being unused to have the prosecutor atteiid to arrange the evidence, might hesitate to peruiit it; if he found he was received with distrust, or scruple, he should acfiiiaiiil t!iem, that he remained at the request of the Attorney General, who desired hifM, if he fouml the gniiid jury in doubt about the propriety of his attendance, td' bog that they would mention theFr doubt to the Court, and take their direction.
'llie prosecutor soon came to tell me, that the grand jury would not suffer him to remain.
Conceiving they wished only to be satisfied what was right, I went into the grand jury room, exi)laiued to Ihem, that the prosecutor remained at my request, and the necessity of his attendance, and showed tliem in a book of practice, in the criminal courts, that it was not unusual on the circuits in England, where there is no clerk. »s in the King's I'encii, to attend the grand juries. I left the book with them, ana requested the prosecutor to return to tlie Jury room, as I had no doubt the granH jury would now admit hiu). lie did so, and immediately came back to me, saying, that tlie gi'aiid jury would not rcrrive iiirn. Sensil)le, li-om my knowled-ge of all the evidence beaiing on the conspiracy, ami particularly of the written part of it, how impossible it was that the grand jmy could proceed witliout confusion, unless sOtwe person attended to call the evidence in proper order, I addressed mysf'lf to the Court, and informing them of what hart passed witVi the grand jury, the necessity there was of some person attcndir.g to conduct the evidence foi'tiK; Crown, and thcil- scruples about admitting the prosecutor, iiegaed the grand jury might be instntcted by the Court, whether such admission was or was not proper ahd regular. Thk grand jury attended in t'ourt. 'J"he Chief .lustice explained to tlicm the necessity ii^ such cases a? the present, and the \^r tice, xhat either the prosecutor or tlie Attorney General should attend, nierely to marshal the many witnesses who the Attorney Cieneral had st-Ucd were to be culled in siipjmrt of the ind'ictirwnit, somft of whoii^ could spcik only to particular rharp'«, and others to othrr.^, nt\d to- produce and arrange the documentary evidence, establish its authenticity, and show its applif ation to the ili'forent heads of the conspiracy.
They expressed a reluctance to admit the prosecutor, in which the Chief .Justice remarked to me, tlmt such permission, though usual on the pavi nf the jjrand jury, could not lie compelled, and that il I was siti.stitd that without it it w«s u-ele^ft to preler tlie bill, it was in my discretion to wilhlu)ld it, or that 1 might mywll ftUend to perform tiiat duty Ixilore the grand jmy, a* I hail a right nt all limis to go before them to <ouduct the evidencr lor the Crown, where i dnmiil it necessury tor the prosecution. I replied, that 1 wished the gr.ind jur) to consdder of it; that I should like to avoid atlmdiug m\Hlt, us mv id'Miue might produce inconvenience to the ordinary business of thi' Court, liut il they htill p<jrhisti'd in relusing to receive the prosicutoi, I niih*. 'I'hey n tired, and the foreman soon returutd and said to mc, " we me all for having you."
1 consequently attended the grand jury (I think) on threti suerewMvc days, during which 1 c.illed the whnessei in the oriier which I thought would make their testimony luo-l inlelligihie. Some of their exuiniuatious wen nuMssarily long, extending to a great variety ul facts, and requiring to he received through interpret(!r». 1 merely asked lhcu» wlmtthey knew of such and such matters, churged as dilJcrtnt heads of
conspiracy,
RED RIVER SETTLEMENT.
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conspiracy, and titcn left them to such fuithcr cj^omination as the grand jury chose to enter into. I also suhiuittcd a variety of written evidence. The wliolc migiit Itavu been gone tiiruugh in a day, if the object luid merely been to ascertain, whether there was a sullicient ground to put the defendants to answer upon the charges in the indictment. I made not a remark or comment of any kind to the grand jury Upontlie evidence they had, and f course, when it was finished I left them to deli- berate by themselves.
On the second day tlic Earl of Selkirk came into Court, and was commencing some observations against the proceedings that were going on before tlie gi and jury, and complaining particularly of my attending to conduct the evidence, when lie was interrupted by the Chief Justice, who dasired him to wait till I was in my place, and I was -ailed from the jury room ir.io Court. His Lordship then spoke at much length of the harshness of the proceedings before the grand jury, in my attending to con- duct the evidence ; dwelt much on a circumstance he alleged, of two gentlemen being ()n the grand jury, who he said were commercial agents of the Norlii-Wcst company, and was at liist sliding into what was evidently the whole intention of this address, a vehement appeal to the public, as to the little credit tiiat should be given to the wit- nesses brought against him, from the circumstance of their being the clerks, servants, or agents of the "North-West company, as if the jiublic could avoid perceiving, that if, when his Lordship is ciiaiged with having, nearly 1,000 miles from any civilized country, carried at the point of the bayonet a trading establishment of u company of inercliants, seized their persons, imprisoned some of their servants, seduced others into his service, stopped their trade, trafficked in their own houses witli their own merchandize, opened and read all their books and papers, ai<d coniinitted, under the pretence of enforcing justice, every injury to |)iivate rights of w hicli they are capable, ttie only witnesses to these acts aie to be discrediteil upon their oaths, only because ttaey wei« thu suti'crers, there would be impunity to violence indeed.
TIn'~ part of the Eiii I of Selkirk's address was well timed ; most of the grand jury ha.i left their room, and were listening in Court to observations adtlressed to their feelings by a defendant in a hill brou!;lit before tliem, intended to stop justice on the threshold, by prejudicing them against the evidence to be brought in its support.
Tlic Chief Justice, however, wi».. had listened very attentively to what his Lordship had complained of as haidship.s, interrupted hiin now, and said he could sutltr no remarks of that nature; that us Ion;. .«> his Loidship confined liiinself 0 the facts which he represented as maltir of :\>iiiplaint, he was willing uiul iletennincd to hear Ikiiu, with every possible indulgence, and even to exert his ingenuity to relieve him, if any cau,se of remon.strauce existed, but tliat when his Lordship was remarkini' oa tvkience that may be pixiduccd to a ;;rauil jmy, M)ti to dictate to tiic Court in what onnncr ini with wi\at credit such taideiKvouglw to be received, his Lordship must feel th» iu was going beyond every proper bound. That it « as tlic business of the Judfc »bo presided there to instruct juiius what degree of weiglit it was projier to give 10 any te^ttatony that uiij^bt be adduced to them uii a ti iai, ami ccrtainlv not the Iwsiness u his Lordship to inlL-itwe at that time, and in that manner; that tlit> Court would ue acknowli-dging i»>tlfiK>t competent to discharge its duty, if it suftereJ litN i^irdhhip Mi to ilietale.
'I'lic Karl of Selkirk was attempting to say something further, but tlic Chief .Fiisticc pot an rml to the discussion, by remarking on the extreme inipropikty of the attempt Hi that way to prejudice the grand jury and the public against i .c reception of tes- timony ; and added, I am sure your Lordship must feel it.
I will enter into no detail wiiii your Kxcellenry of the proceedings of the grand jury, iin[)reccdrnUd in any thing 1 had seen or read of the administration of criminnl justice, and \.hi<'h I am willing to believe arose from a total misconception of tiieir duty, nor of the impro|x>r intcrfeience of other pcr.sons in their deliberations, for which there roulil have existed no such excuse. The gentlemen composing the grand jury aie persons lor whom individuully I have great respect; hut it seemed to me that their minds had been iminessed witii his Lordship's slateuienls respecting ' '.her liansaelions tiiaii tiiose helore theui, which have i>incc been liilly investigated, and they did nut appear to consider, that if his Loidship's .statements and inferences were in all resp'.tis correct, one crime was not to be set oil against another, and that whoever may have coinniittt^d ollences, it was not for the Karl of Selkirk to punisii them, Ly ilepriving them of tiieir pro|)erly, ruining their trade, possessing
himself of tlien' houses, books 584.
and papers, and ublainiu^
by uu unjustiliublc ami cruel
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P A P E U S RELATING TO T H E
cruel imprisonment of one ot' their compuny, n prctciulod sale of their effects to the amount oFmany thousand pounds, which il tlie Khv, under such circiunstances, could have f;ivrn it vahdity, mij^iit nearly have ruined the interests ol' men disjwrsed tlirougU distant parts of the world.
After the testimony of more than thirty witnesses, opplyins; to every clmrj»c in the. indictment n;Tnii)st his L<)r(lshi|>, and the most active of liis adherents in ti)cir pro- ceedings ut Fort \\'illiam, had been given to the grand jury, besides documents iii the liand writing of the accused, which spoke for themselves, they renmitied in dis- cussion upon tliis same hill from Thursday morning, when the evidence for the prose- cution was closed, till Saturday evening. The ordinary business of the district, civil und criminal, whicii is sclduin much, was (luishtd, I tWmk, on Wednesday, and the country remained together, waiting the issue of the deliberations of tiiegrantl jury day after day. The Court met on the morning of Thursday, Friday, and Saturday, and sat, with nothing t)eforc them, till late in the afternoon, sending always before their odjuurnnient to know whellier the grand jury would liave any thing that day for tlie Court ; the answer was always in the negative, and no assurance could be given of the probable time of their iif;reement. The petit jury, who were from a distant part of the district, und in whose families at that tiir^c an unusual degree of sickness prevailed, were naturally impatient at this strange state of things, and particularly M hen the Court was udjourncd from the Saturday until Monday.
On that day the Court met as usual ; it was near twelve o'clock when the grand jury assembled, and then because one or two of their members were absent, they would not |)rocecd to business, though they had more than the necessary nnmber. The Court received no more snti.ilactory answer than before respecting llv; s' <" when they might be expected to come to any decision, and seeing, I suppcv , > o >...' to tills absurd and extraordinary conduct, and teeling that the King's comr iiisicu, and the administrution of justice were tiitled with, and the; country harassed witiiout any prospect of termination, the Chief .Fustiee, alter sending another message to the grand jury by the Sherilf, to wiiich no answer, it seems, or no satisfactory one, was received ; after stating publicly the reasons which guided his conduct in this unusual situation in which tiie cuniiiiission was placed, and which 1 t.ike it for granted liave been reported by him to your E\ceiitncy, adjourned the Court at one o'clock, sine il'u:
The Earl of Selkirk knows who rejoiced, and not without reason, iit this abrupt termination of the Coiut, and to whom t!:c eonseriuences ot a measure which it was considered the dignitv of the uduiiuislralion ol Justice ri-cpiired, were *' injuii ,us and " o|)pressive." liis Lordship knows vcrv well, fur I te.ir -oiiie ui lii> agents had too good means of informafujii, that not^ithsliipiling all exertions U) the cnutrarv, if the Court had thought llieniselvesjustilied in iletaiuing the country at tut- pleasure of the grand jury, he might soon have had an opportunity of disproving what he calls the perjured calnmuies against him, but his Lor(ls!ii|) at the same time tloiihtless knows, that one of his counsel, anticipating, what at least with res|)cct. to Ms Lortlship, and some others, was inevitable (^^hatevcr might liave been the incliiiftlion of the i;rand jury, had the testimony been less coni'lusive,) apprised me while the Court was silting of his Lordship's intention to tiaverse the iinHctmeiit for conspiracy to the next •assizes, expressing a hope that I wiiuld not resist the ujiplication, thus meaning to put off lo another year, tne termination of wliat his Liu'ilsliip calls the grouiuliess and vexatious proceedings against hitn ; although he laments lo your Excellency that the adj(;nniment (yf ihe Court prevent! d lh< iii Irom ijciiig h.'^ouglit immediately to issue, nnd though he states to your Excellency, that his witnesses .vere thfie, bi ought frojn a distance at a great expense to meet his accusers.
Yet liis I/)rdship now eomjdiiins to your Excellenrv of Ujc injury ond oppression lie has siit^erfd, by uii event \shich uppeureil to me to f:,.»ehiin .ery evident satisfac- tion ut tlie time.
To the pnweculors I well know the consequences were mortifying and ruinous beyond measure ; they had brought .it an expense ;ihnost incic'lible, from remote parts of the Indian tenitory, and at an ineonceivabtc inconvenience to theii' trade, a number of witnesses whom they could scarcely hojie to assemble again, nnd at the very moment when they lullv believed die object of this exertion was about to be alttiii'cd, and an opport.inity utl'orded them of biiii^ing their couipltimts IkIoh; iIh; <'ountry, all their expectations were d( ftati d, .nul llic toil of months, and expeiidi- tuic of thousiinds, rciideied useless by the udjouinment of the Cowt; they had rciisoti
to
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RED RIVER SETTLEMENT. J69
to consider it to l)c llie lieuviest misfortune that could iiuvc befallen them, but they supposed the net oftiic Court which occiisioncd it was proper, and though in its con- sequences it bore imrder upon theui than can be conceived, they submitted.
The Eurl of Selkirk, on the other hand, to my equal conviction, felt relieved by the termination of the Court ; he saw it would enable him to say, as he now does, that nothing could be brought against him ; that he was there anxious to meet his nccusers, and ready to show the falsehood of their cimrges ; and that (as he now says to your Excellency) he can conceive himself no longer under obligation to re- main in the province ; and yet his Lordship, I regret to see, not only complains of the adjournment of the Court, but even insinuated that it was done by the Chief Justice, with intent to embarrass him.
The concluding part of his Lordship's letter is intended to account to your Ex- cellency for his departure from Canada, at the moment the criminal charges, in which he was the prosecutor, and which had been depending for more than two years, were to he brought before the country.
Whatever may have been the imperious necessity occurring so singularly at ihe worst possible lime, which impelled his Lordsliip to leave Canada at the moment when tlic statements by which lie had influenced the public mind for so long a period, were to be brought to the test of truth, it was matter of regret and inconvenience to me at the time it should have been considered necessary to observe so mysterious a secrecy as to his movements. I hope his Lordship's agents were themselves misled, for they certainly misled me, and I was suffered to delay for some days preferring the charge, in which I was most anxious to avail myself of his Lordship's information and suggestions, in hope of his arrival, as they assured me they had no reason not to expect hiui daily, though at that time he was on his way to England, or certainly within a day or two of taking his dqjarturc from Canada.
The prosecutions were jjroceeded in. Your Excellency and the public, before • M liom they were fully and impartially tried, know the result ; and I believe all is now- known that can be known of tlmt most nielanciioly massacre in which Governor Semple fell, which had excited in the public mind a most lively interest, and an anxious hope that the truth might be probed to the bottom, and punishment fall upon the guilty.
The decision of these charges, notwithstanding the anticipations expressed in his I.,ordship's letter, was so far from surprising his counsel or agents who attended here, tiiat I found in them throughout a disposition to avoid bringing them forward, if they could have been consistently abandoned ; and I was iinleed solicited, I think i(^ two cases, but certainly in one, to enter u Noli Prosequi.
I knew well enougli from the evidence before me in those cases, how idle it was to persevere, and in ordinary cases might have saved myself the unpleasant exposition of advancing charges to u jury whicli refuted themselves ; but it was too well im- pressed on my mind, with what caution it was necessary to act in a matter where no jicrson's reputation "as safe, if any future purpose vas to be gained. I told his Lordship's counsel, Mr. (Jale, that if he would state in writing, his conviction that justice (lid not rccpiire further proceeding in tho>-c cases, there being no sufficient evidence to convict the parties charged, and suggest that u ]\oli Prusajui should be entered, I would consider of it, otherwise I would j)roceed and moke the most of the evidence, whatever it was, leaving the issue to tlie Jury. His answer was, that he did not feel (|uite authorized to give any thing in writing upon the subject, and I was the more convinced of the propriety of my resolution.
His Lordship in the concluding sentence of his letter, assures your Excellency, that the result of the trials, which he regrets lie cannot attend, cannot be doubtful if the evidence l)e brought forward in a suitable manner, but tiiat his Lordship adds, "is a " point over which he has no control, as tiie law officers of the Crown in L'^pper " Canada, as well as in the Lower Province, assume to themselves the entire " management of all criminal prosecutions, witliout adniitting the participation of the " counsel for tiie private prosecution."
In answer to this, 1 assure your F.xerilency I never heard of a refusal by any Crown offiiirof this province, to admit the participation ot tlie private coun;- > of any prosecutor, nor do 1 believe iiis Lordship evel' (li<l ; tlmt the only instance of an application of the kiixl to myself was Irom his f.ordship, with respect to the v<'ry prosecution- lie is speaking of, conveyed in a letter ot the 8th of April last, to wliich
584- J Z I rephed,
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PAPERS RELATING TO THE
I replied, by distinctly assuring liiin, " tiiat nny assiittance which his Lordship na " pnwccutor, or hiit Lordship's cotinsrl, could prniierly render, 1 siiould he desirous " to uvnil inyaelf of in the niost anipio tminnor, consistvnt with the course ot° pro- " ccediiit; at our bur, and tiiut liiii Lordship must be uwuic notiiing more could " depend on me ;" by wiiich I meant, that it w as not in my power to say that any counsel his Lordship might bring from a sister province, could be |)crmitted to plead in our Courts until they hud \xvn admitteil by tin" law society of this province, wliicli is cstublished by Act of Parliament, and of which 1 urn but an individual member. Of course this saving which I thought it proper to add, that his Lordship might not be misled, did not extend to any members of our own bur, whose assistance I thus expressed my readiness, and even desire, to receive in the fullest possible extent. I transmit to your Excellency a copy of uiy letter.
His Lordship nevertheless, though he received tliis answer from me, never after- wards intimated a wish to associate with me any professional gentleman. He hud two counsel in the province who have long been engaged in his interests, one of whom I asked on the circuit, whether it was not his intention to attend the trials at York, to which he answered, he had no idea of it ; the other is resident here, but never intimated to me a wish to take any share in the management of the prosecu- tions. Mr. (Jalc, a memlwr of the Lower Canada bur, and one of his Lordship's counsel, was present at the trials, quite uccidentally, as h<' assured me, having been arrested by a severe illness in his return from Sandwich to Lower Canada; I con- sidered myself fortunate in thus having the benefit of Mr. dale's talents, and know- ledge of fects and evidence, an advantage which Mr. Gale knows 1 improved to the utmost.
This statement must convince your Excellency of the incorrectness of this observa- tion of his Lordship ; and I cuuuot avoid uicntiQuing another circumstuiicc, which will show your Excellency how very disingenuous this remark would have been, even bad it been trae.
Two civil actions have been brought against his Lordship for false imprisonment ; one by Mr. Daniel M'Kcnzic, of the Nortii-Wcst company, and unotiicr by the deputy sherift', Mr. Smith, whose imprisonment by his Lordship, when in the execu- tion of legal process, I have mentioned before. Of course, in these cases, his Lord- ship's choice of counsel was uncontrolled ; the Crown orticers, ulioni his Lordship seems so disposed to find fault with, had no power to dictate or restrain ; and it may not a little surprize your Excellency, utter reading this complaint in his lordship's letter, to hear that he wrote to me in October lust, requesting to put his defence into my hands, as his leading counsel ; I hud been retained by the pluintifl's in both actions, «nd was therefore obliged to decline the honour.
Here his Lordship's personal interests and feelings, I presume, were as nearly concerned as in any criminal cusc in which he was prosecutor, and being perfectly at lilHTty, he applied to the very person whose exertions in conducting what is projK'rly the duty ot his oilice, he would lead your Excellency to think he distrusts, by ob- serving, that he cannot onswer for the result of these prosecutions, because " the huv " officers of the Crown in this province w ill suffer no participation of his private " coiuisel ;" an assertion, which us a general ren)ark, applying to this province, is, as far as 1 know, altogether unfounded, and whicli is made by his Lordship, in this par- ticular instance, with a pcifect knowledge of its untruth.
I know his Iu)rdsliip must feel that the general tenor of his letter is equally un- candid and illiberal with tliis remark, tiiuugh it may not be trom the nature of it so completely in my power to show the fallacy to a third |)erson.
I have been dius particular in the account I have given to your Excellency of every matter to which the Earl of Selkirk's letter refers, from a conviction that your Excel- leiii;y cannot but be desirous of being tinubled to vindicate the conduct of His Aiujcsty's otticer.s under your government.
In answering his Lordship's letter, I have been necessarily led only to remark H| un tht con.luct of the disputes In-tween the Earl ot Selkirk and the North- West couipdny, vvitli reference to his Lordship and his agents; but i» is by no means my wish, that your Exci liency sliould understand me at> givmj, any opinion, timt the acts ol Ills Lordbhip and hia agents, «hich iiave given rise to those disputes, lue more or Ic.rs justifiable tiian tliobc of liis op|M)nents; of this the public must judge from the evidence. 1 have hud occasion to speak of publications by the Earl ot Selkirk, upon
charges
RED RIVER SETTLEMENT.
tyt
ohargci which were still pending. He may impute, witli truth, tlie same impropriety, to a ccrtiiin extent, to tlu; North- West coui|)any ; and as to what is said iTspcctini tlic issue of tlie tiiiils lately terminated at York, I dibtinctly hcg your Exadiency will not infer from it, any impression on my mind respectiiw the tnitli of his Lordship's compliiints against the North- West company, or that his Lordsliip and his agentf have sulTcrcd no wrong ; such an infercnco can by no means be justly drawn from the result of those prosecutions.
The few jiersons w ho were tried at York, w ere among those least implicated by tlie evidence liis Lordship has put into my iiunds. It is much to be regretted, that tlie most conspicuous actors in the violences of whicii his lordship complains, hiive never been |)laced witiiin the jurisdiction of our Coorts, an evil which his Lordship knows no suggestions or exertions of mine were wanting to remedy.
C^onscioua as I am of the diflTercnt sentiments my conduct towards his Lordship and his agents, in all matters in which I imve had occasion to communicate with tlicm, ought to have excited in his Ijurdship's mind, 1 was surprised on reading the beginning of his letter, at tlic sort of attack he hus made upon me; hut tliu sequel of the communication fully explains to nicits motives; his Lordship felt the obligation whicli his rank imposes ; he felt that his hasty dc|Hirture from Canada, while charges of no common kind were depending against him, with a resolution, which he seems to intimate, not to give his prosecutors again an opportunity which, by no fault of their o»vn, they had lost, would give your Excellency no very favourable impression, and that it was necessary to account for the untimely desertion of prosecutions of which he was the author. It probably also occurred, that it might be prudent to prophecy the possibility of the result in which those prosecutions have terminated, and ascribe them to a want of exertion or talent, if nothing worse, in those who were to conduct them.
To answer these ends, it would doubtless appear good jwlicy to his Lordship, to appear extremely indignant at those he had left behind him, and particularly thoso who might imagine they had some reason to express surprize at his Lordship's singu- lar movements, to exclaim, that he was the injured [larty, and that if the ends of justice had hitherto not fully bren attained, his was the disappointment and loss. His Lordship conceived it necessary to say somethin'' to your Excellency ujion his departure, and chose to make it api)«ar, that he had been principally im|)clled to address your Excellency by the injustice he had received, and not from any idea that he was culled upon to exculfiate.
To that end, when he was on the point of leaving the country, be complains to your Excellency of a denial of justice by your offia-rs two months before, which he had had ample opportunity of communicating to your Excellency, at a time and a distance that would have given him an imnudiiite prospect of receiving your Excel- lency's decision upon his reference, and your sentiments upon his complaint.
As to any private feeling that can be imputed to me, either on the one side or the other, in this unfortunate content, I must inform your Excellency, that when I was in England two years u^o, 1 was written to by an agent of the North- West company, to request that I would consider myself retained as one of their counsel in any civil proceedings which might grow out of their contest with the Earl of Selkirk; in criminal cases tliey knew I was, of course, always counsel for the prosecution.
Since my return to Canada, imacining that I perceived n. ilie Earl of Selkirk a disposition whicli led him always to susiKct, and to give no man credit for acting upon pure motives where he saw a possible ttmptation to dishonour, I wrote to the agent of the North- West company, to acquaint hiin, that tiiough I had nr.vcr been literally retained, yet, in consequence of their application to me in England, I had of course considered myself then* counsel in civil mattvis, where they might have required my aid ; that no such occasion lor my professional services having yet occurred, I had of course received nothing at their hands, nor had any pecuniary claim whatever upon tin- company ; that ftcling tlic delicacy of my situation, I chose that no ground should i xist, as far as I ccmid prevent it, for illiberal remark, and that there should be no pretence for ascribing to tiie zeal of a private advocate, any steps which I might consider it my iluty to take as a public prosc.'utor ; that there- fore while any criminal pioceedings were depending between them and the Frrl of Selkirk, I should not be the advocate either of the company or of liis I^rds! ji in any civil proceedings of the one party agaiunt the other, and that they were conse- quently to consider me no longer their counsel.
rM-
I am
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PAPERS RET- ATI NG TO THE
Inrliisurf
I am therefore |icrlia|)<* the only membc'r of the proffssion in this province, who id not cngiij^L'd on the one side or tlie other of tliis cxtraonlimny contest.
As Crown ottiar, it will Ih; Iteiicvcd inyhiboiir in these prosecutions has not hecn triHin^ ; they luive oechpied iniieii of tny tune, nnd most of my attention and anxiety for almost a year. I have |iaid ont of my own pocitet mire thaii/^, lio for trunsport- ing two of his lordship's prisoni rs from Lower Canada to the jjaol of this district, and /[. I/; and upwards for |)osfaue of depositions forwarded to ine f.om Montreal; and iiuvii)rr applied to the (iovernment of this province to be reimbursed, I am informed, that the expenditure must be borne by the (iovernment of lower Canada, whom I do not serve, and of whom I can therefore ask nothing.
The charges in my accounts for all I have done in these troublesome prosecutions on both sides of the (juestion, will scarcely amount to /. 40, which is of course all I shall receive ; it would scarcely pay for the stationary I liave expended, and the Muge.s of a copying clerk. 1 had nothing therefore to hope from any concern I have had in the legal discussions to which theses unhappy disputes have given rise, but the reputation of hoving, to the best of my ability, discharged my duty ; that 1 believe I have obtained, and I doubt not even in the opinion of his Lordship. - . ' >
I iiave the honour to be, tec.
• "S '• .'• "i, '• ,'. (Signed) Jif B. Robinson, Alt. General.
My Lord, York, 19th April tJtrp. /^^/!^
The receipt yesterday of your Lordship's letter of the Htli instant, relieved me
".'.-"1 I ' " ' from the embarrassment in which I was placed, bv the utter ignorance 1 had been ol (ith Januury , ^- • ,• , ■ ■ , i- ' ,• 1 -^ ." , ■ • , ,
,ji,y_ lett m, of the nuentions and proceethngs ot the prosecutors ot the cnunnal charges
it refers to. An ap|>lication had been made in this province on the behalf of the occused in those cl'.urges to be brought to trial, which application was rcl'erred to mc for my Report. The |X!titioners requested, that as early a day as possible mij;ht be appointed, and named the JOth of April, the fu'st day after the termination of our then approaching Euster tern). I had of course nothing to report, but that I was yet unfurnished with any instructions to enable mc to enter u|)on the prosecutions, though the Crown otlicers of ihis country hail, more than once, represented the necessity of their being sent ; and that as I was (juite unable to suy when the means of l)eing prepared mi<:ht be placed in n)y power, I could not undertake thai the petitioners could receive their trial on the day they had named, or any other given day. We have in this district a commission of Oyer and Terminer, and guol deli- very always subsisting ; and the (/'ourt willing, it seen)s, to interpose no obstacle in the way of as earlv a trial as eircinnstanees might make |)racticable, adjourned our ordi- nary criminal Court which sat in March last, to the tuaiticlli of this month (|( morrow.) \Vc siiall of course mwX, but the Crown has no evidence, and there cai< be no trials; and I am well pleased to be able to state from the prosecutors instruc- tions, the impossibility of immediate proceeding, and to account satisfactorily for the unavoidable delay.
I have the honour to stale my perfect concurrence with your Lordship, in the expediency of sutVering the prisoners delaiut!! in Lower Canada, whose trials are appointed to be in this |)roviuce, to remain in liieir [jreM'nl secure custody until their ■ removal is necessary. The proper method ol bringing them here shall be well con- sidered ; and 1 have only to add, that it seems matter of regret, that as the greater numtx'r of trials for otlinccs of a similar nature are to be had in Lower Canada, it sholud have been found inexpedient to adopt the same course with these, which would have saved to tiie prosiH:ut(jrs, prisoners and witnesses, much trouble, delay and expense, and would have given lo youi' Lordship and the other jirosecutors n more enti.c advantage of tiie assistance of such protessional gentlemen as have had the means of becoming most conversant with the facts involved in these prosecutions.
On that part of your Lordship's letter vhich lias |)ri)(liiecd this remark, I can only say, what I trust is scarc(;ly necessary, that I will on this, as on other occasions, do my duty to the Crown in the prosecution of tlieofi"enders,as well as I may be enabled from the means of preparation placed within Uiy reach, without any consideration of any iiiterests but those of piililic justice; and that any instruction or assistance which your Lord-hip, as prosecutor, or your Lordshi|)'s counsel can properly render, I shall be desirous lo avail myself (>f in tiie most ample manner, consistent w illi the course of |)roceeding at our bar. Nothing more, your Lordship is aware, can depend ujjon me. 1 have the honour lo be, &c.
To the Eurl of Selkirk. (Signed) Jn° B. liubimon, A. G. U. C
!U:i) RIVEIl SETTLKMENT.
J73
«r, ' ' . . , York, r.thNovcinl.cr 1818. '"[';;7*
Iliivins ppiiiscd ll;o comniiinicalion to your Excclloucy lioiii Ihc Earl of Selkirk, jiiSir I". Maiiland'i mi the hulij(ctor the late iissi/f at SniuUicli, 1 shall rettr your Ixctllcncy to the of titti Jiumary Altoriicv (uncial lor his relation ol what pnsscti in Court, \uili respect to its •''!'• mliournincnt on that iliiy, h.nl not his l.nrcliiliip advanccil a direct lal.sehnod, in n.sscrtiof; that tli<' jinnui juiy wat not ^»'llt tor previous to the udjournincnt. As that jHct is peruliarly within my o«n knowlcdj;e, I" must claim your Exccllrncy's indnlfieinc to i* > rct'utalioii.
The jiraiul jmy was ti)o obviously »plit into parlies ut the commeiiccnient of the Bssi/.e, hut was treated liy the Court «itlt the most respectful attention to their representations. 'I'lur first hill prelured ujiuinst the Earl and his adherents, was ignored, uith little deliherntion, and the ordinary husiness of the assize, civil and criminiil, ^as uot thronuli early in the week. A hill had been then preferred a<;ain8t the Em I ot Stikirk and others lor a conspiracv, on uhich the evidence for the L'rowa liad heen closed on the W »'(hieMlay ; "hen it nas intimated to the C-'ourt, frouj the {irnnd jury rooms, that no hill would he lound tiuit day. On th(^ next day the Court )nct, by adjournment, nt ten o'clock, aiul sat patiently, hnvinfi no business before it, mtil the cveuiuij. when, u|ion a similar notice from the grand jury, that no biU would be returned that day, an adjournment to k place to the ensuing day, and so for three days the country «us kept together by the grand jury declining to return, bill or no hill.
The petit jury had been viTy iu)portunatc to be released, and hourly application ini\de to the Court, on account of sickness and distress in their funiilics.
The 1)usincss before the grand jury bring of great pnblic expectation, the Court was induced to adjourn from Saturday evening to Monday morning.
In that interval, the injustice to the public in k(Hpiug it together received further ,.
consideration ; and having good rea.-,on to brline that great irregularity had ))rovailed in the jury room, and to know that the accnised's witnesses and counsel had been sent for to be examined, nn<l that the jury would not reject the bill without the concmrence of twelve, nor find it, the Court, at its opening on Monday, sent the Shi 'irt' to the grand jury, to dcsue its attendance, to aH'ord to the Court some expim lion of this extraordinary delay, intimating that if they did not, in a body, or by tlnir foreman, satisfy ilie Court on that head, it would adjourn at 12 o'clock without d«!lay. The Sheritl'ii tnmiil Irom the grand jury, reporting that they would not give any answer to the (,i)nrt. The bar was then called upon to say, if in the «x|)crience of luiy, such an occurrence hail been known. The unanimous answer was, that it was uiipr(cedent( I'ld no nltcrn;\tive remained biit adjournment without delay. It was not to Ix" cout d that an 1 uie influence pi< vailed; and desiring to avci'l all other notice of n,. indignity oi. red to it, the Court, remaining an hour 1)1 vond the limited time, iinoiirned at one o'clock, with I 1 II concurrence of His Miijcsty"s Attorney (ieneral, iliu prosecutor, iiu jury appi.iring, after the indictment had Ik'Cu five days before if.
This plain detail is most respectfully submitlci.1 to your Excellency, without couunent, I'roin Your Excellciuv's, &c.
Mis Excellency (Signed) H" Dumincr Pmcdl,C i.
Sir Peregrine Muitland, &c. \c. &c.
Copy of a Dispatch from Major General Sir reiegiine Maitlaud, K. C. D. to the Earl IJathuist, K.Cj.; dated York, I'ppcr Canada, 3d April 1 S 19 : — Eou.- Inclosurcs.
My Lord, York, l'| per Canada, April 3d, iSlf).
Think, vg it my duty to put your Lordship in possession of all matters con- nectetl with tl"^ iioi.ils in dispute between tli' Earl of Selkirk and the Norlh-W'est company, I do in\scl the honour of inclosing opics of a petition and aftidavit I hav« received from .Mr. Allan, one of his Lordship's iittendants, and a surgeon on the lialf- jmy of the roval navy, accompanied by observations thereon by the Chief Justice and Attorney General.
I have the honour to !);•, &r. To the Right Hon. (^igi«'iO P. Mtutland,
the Earl Hathurst, K. G. &c. &c. i^c. IJcut. Governor.
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Sciences Corporation
23 WIST MAIN STREET
WEBSTER, N.Y. 14580
(716) 872-4503
7^
Inclosare
(«) inSirl'. Maitland't, of 3d April 1819,
274 PAPERSRELATINGTOTIIE
To His Excellency Sir Peregrine Mnitland, Knight Coipninndcr of the niost honourable Military Order of the Biith, Lieutennnt Ciovemor of the Province of Upper Canada, Major General in the Army, and Cummandcr of the Forces in the said Province, &c. &c. See,
The Petition of John Allan, Surgeon in the Uoyal Navy. Humbly sheweth, That your petitioner having served His Majesty during two years, as assistant surgeon in His Afajesty's ship Enieral<l, was promoted by the recommendation of his captain, Frederick L. Maitland, esquire, to the rank of surgeon. That your peti- tioner afterwards served with unlilemishcd reputation under several commanders, during four years: tliat after the end of the war with France in 1815, His Majesty's ship Erne, of which your |)etitioner w«s then surgeon, being paid off, your petitioner, by the application of his captain, the Honourable William John Napier, and of the Earl of Selkirk, obtained leave from the Admiralty to come to America. That vour })ctitioner then set out with the Earl of Selkirk in the capacity of his medical atten* dant, and in that capacity has accompanied tlie Earl of Selkirk in his travels on this Continent, and has thereby been involved in various legal proceedings. That your petitioner does not com|)lain of being held responsible for any acts of his own, but he complains of illegal oppression and partial conduct on the part of servants of His ]\fajesty in this country, so irreconcileable to a just sense of their official duty ; that a recital of it, if your petitioner was ptrmitted to lay it before your Excellency, could not fail to excite your displeasure : that your petitioner has also to complain of & partial operation of a law passed in the last session of the Legislature of tliis pro- vince, which received the Royal sanction on the 27th of last November.
By this law, powers of jurisdiction were created in any court in any district of this provmce, to try certain acts in the preamble of that statute, termed " Offences com- " mitted." That in virtue of that statute, acts imputed to your petitioner, in con- sequence of which he had already sutL-red the injustice above complained ot^ have been taken cognizance of by the court and grand jury of the home distiict, althougU their powers of jurisdiction over the acts in question, or over the place where they are alleged to have been committed, and the statute tiom which such powers are derived, had uo existence till more than two years after the acts imputed to your petitioner are alleged to have Ijccu committed. That according to this construction, which has been acted on by the court here, by tlie same individual us judge v.ho is understood to have originally framed the statute, the Legislature is declared to have affirmed, Uiat offences hud been committed, and to have virtually pronounced verdict of guilty against the |x:rsons supposed to have committed tlioso oti'eiiccs ; and your petitioner begs leave respectfully to submit, that if the ul>ove construction of the statute be just, this declaration of guilty, virtually pronounced by the ix-gislature against your petitioners and others, has violated one of tlair birth-rights, as subjects ot His Majesty entitled to tlie |)rotection of the British constitution, lor your peti- tioner hits not been put on his detcncefor the acts in question, and has not been de- clared guilty by a jury of his peers; but if the construction wiiitji has been put on the statute by die same individual who is understood to have framed it, be erroneous, and if it were not the intention of the legislature that tlie acts imputed to your petitioner and others, should be comprehended amon;; those in the preamble of the .statute, termed " (iD'aKts coiinnittcd" then your |)clilioner res|M;ctfully Sv.binits, that the jurisdiction pssumed by the grand jury and comt of this district over the acts and person of your petitioner, has been assumed without lawful authority. Your petitioner further respectfully submits, that by the provisions of this statute ho has l)een divested, without his consent, of one of the most precious privileges enjoyed under the Ihitish constitution, that of not being liable to be indicted for any act im- puted to hill), except by such grand jury as jwsscssed co.n|)Cteut authority by being com|)osed of individuals possessing tike qualifications required by law, in the district within the Jurisdiction of which the acts imputed to your |)ctitioner are alleged to have been committed, for exercising the functions of grand jurors within that dis- trict; and also that your petitioner, by the provisions of this statute, has been de- jiiived of another of the most indubitable legal rij;lits enjoyed under the liritisli cunstitution, that of not being uinenablc for trial for any acts iuiputed to him, except to such courts as |)ossessed com|ictL.<t jurisdiction over such acts, and over the place where tiicy were cuuiuiittcd, at the time that they arc alleged to have bwii committed.
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SED 111 V EH SETTLEMKKt.
*75
That by tlie construction which has been put on the provisions of the same statute, the accusers of your petitioner have been invested with a privilege not possessed by any other subjects of His Majesty, in any part of his dominions blessed with the protection of the laws of England, that of choosing out of eight or ten districts contained in this province, the one which might appear most ndvan- tageods or desirable to themselves, for preferring their charges against your petitioner ; that they have been invested with the right of choosing the body of men out of which a grand jury had to be selected for ti.e investigation of the charges which they iiad to prefer, and also with the ri<jht of choosing the body of men out of which pannels of petty jurors have to be selected, for trying the persons whom they have to ac- cuse. That your |tetitioncr hath not only been divested of his legal rights, without his consent, but that his accusers being invested with tlie privileges so utterly incon- sistent with the equal and impartial administration of justice hereinbefore mentioned, have proceeded in the exercise of the privileges then conferred on them, and having chosen the grand jury of the home district as most likely to suit their views (for k cannot be pretended, that in preferring their charges before this grand jury, the ac- cusers of your petitioner have been actuatc<l by any regard to tlw interests, advan- tofES, or convenience of your petitioner,) they have succeeded in procuring an indictment against your petitioner and others for a conspiracy, founded on acts com- mitted at a period, when neither the grand jury, nor the court in which the indict- r <^nt has liecn found, possessed any jurisdiction over them» or over the place where they arc alleged to have been committed.
That even supposing, that in choosing tlie grand jury by which their indictment hai been preferred, the accusers of your petitioner, while consulting exclusively their own advantage, had contributed a little also to the convenience of the accused, which they have not done, your Excellency must have regarded with just contempt any set of men, so broken down in spirit, so abased in principle, as for the sake of'^arty trifling inconvenience saved to tlieni by tui act performed by their enemies for their own exclusive benefit, to surrender without remonstrance, privileges dearer to them than their private property, or even their lives, privileges which it becomes them as Britons, to ehdeavour, with the assistance of your Excellency, to hand down unimpaired to posterity.
Your petitioner further begs leave to submit, that in consequence of the indict- ment preferred against him by the grand jury for this district, a restraint has been placed on his liberty, and he has been compelled to fmd bail to appear to take his trial ut the end of six months in this district, for acts for which, had the indictment been preferred against him according to the laws of the land, and in the district where the acts imputed to him are alleged to have been committed, he would have enjoyed the advantage usually enjoyed by all the inhabitants of that district, of nearly twelve months to prepare for his dctencc.
. That the grievance which your petitioner suft'crs under the construction that hat been put on this statute, by thus at once divesting him of liis legal and indisputable riglits, and investing his accusers with such undue advantages, such unheard-of pri- vileges, is sootlted by the reflection, that the advantage which they have obtained by the indictment preferred against him, hath not been procured till after they had ^iled in an attempt in the accustomed for(ns of law, to substantiate the same charge to tite satisfaction of the competent legal grand jury, w hich alone had authority to indict yuur |)etitioner for the nets now imputed to him, before the passing of the statute of last .November, tind not till the shield erected by the wisdom of the constitution in the bosom of that grand jury, had been torn down, with the effect of leaving your petitioner at the mercy of liis accusers. That your petitioner begs lea\e to complain to your Excellency, that the grand jury at Sandw ich were prevented fruui closing tiieu- deliberations on this charge by the Chief Justice adjourning the cuuit. and tlmt though the Chief Just'cc declared that the grand jury had treated the court with contempt, he took no steps to punish them according to law fur such alleged contempt, hut adopted tiie measure of adjourning the court, and that too at a time when no other court requiring the presence of the Chief Justice, was to sit in this province fur about six weeks afterwards.
That if the deliberations of the grand jury had been closed before the adjomn- liicnt of tlic court, your pptitioner wuuld either have been absulved from this cliargo, by the indictuitnt t)cing tlirown out, or would ut least have shared in the coinmoii ndvuntugc above mcnliuncd, us usually enjoyed by the inhabitants of the M'e>teiii
5^54. district,
m
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PAPERS ilE LATINO TO THE
district, of nearly twelve months to prepare for iiis defence, and would Imvc bi>cn put on his trial liy a pannel of petty jurors, selected from a body of men, according to the known and established laws uf the land, and not from a body of men at the choice of his accusers.
That your jwliljoncr has no desire to evade nnsHcrin" the charges of his accusers; but in the extraordinary circumstances in wliich he is placed, circuinstRnces so ex- traordinary, that none similar have probably occurred in the King's dominions since the period of the Revolution ; that your petitioner humbly conceives that he would not discharge his duty as a faitltfol subject, and as u good Christian, if he forebore from staling to the Pcpresentative uf Mis Sovereign, th^t the principles of natural and universal justice, secured by the British constitution to the rest of His Majesty's sub- jects have been violated to his prejudice by the construction that has been put on the statute, under the autliority of which he is now under bail, and that in such circumstances, indiifcrence on the part of your petitioner might well have been doemcd pusillanimous, silent submission, ciiminal. Your petitioner therefore prays, with confidence of obtaining your Excellency's sympathy and attention, that your Excellency may be pleased to inttulge your |)ctitioner with permission to confer with your Secretary verbally, or in writing, and to communicate to him such facts and reasonings as your petitioner is prepared to produce, relative to the catises of in- justice, 10 which lie has Ix'cn subjected ; facts and reasonings which it can l)e deemed no less essential to the honour and interest of His Majesty's Government, that your jictitioncr should be permitted to lay before liis Majesty's Representative in this i:olony, tlian that such a communication is absolutely nece^^sary to prevent further individual oppression, by the |)erversion of public justice, which he apprehends from the further exercise of authority under the sanction ot a statute whose dangerous Imperfections must undoubtedly have escaped the observation of your Excellency, and «f the other branches of the Legislature, at the time that it was passed.
And your petitioner shall ever pray,
.(Signed) John Allan.
• York, U. C. Home District.
liicloMir* Joiif, ^^llnn, bcini! duly sworn, dcpofeth and saith, that during the last two years
in Sir P Maiilatid's ^"'*'"'°"s charges for niisdeuicatiors, and one ciiHige lor felony, have been brought against «;1 3d April 1819. 'him by the Xorlh-Weat company, or persons in their employment. That at Red Itiver settlement, in the territory of the lludson's Bay company^ about tlie beginning of September 1817, this deponent was required by Mr. Coltman to enter into recog- nizances to appear at Montreal, in Lower Canudn, distant obout 3,ooo miles, to answer to certain charges us a princi|)id or accessary to certain oft'ences, not exceeding the degree of niisdenieonors alleged to have beeti conunitted at Fort William, sup- posed to be in the Western district of Up|)er Canatia ; that at the time these recog- nizances, this dejioncnt understood that ^Ir• Coltman, as a magistrate for the Indian iertitory, hud no legal authority to exact bail from (his de|)onent to appear at Mon- treal, in Lower Canada, to answer for offences alleged to have committed in this province ; but this deponent did give the recognizances recpiired rather than be con- veyed in custody from Red River to Lower (.'ariada, and to show to the commissioner that this deponent was not unwilling to answer to the charges in question. That teforc proceeding to Montreal, this (le{)onent about the lieginning of January 1 8 1 8, undertook a journey from Albany in the State of New ^ ork to this place, for the purpose of meeting some charges understooel to have been pret'erred against him, and not included in the recognizances taken by Mr. Coltman as aforesaid. That after his arrival here-, having setJi the Chief Justice, and learnt that he declined entering into the consideration of siiih charges, or of taking hail for them, this deponent proceeded to Sandwich in the western district, where a magistrate who had i.>isued a warrant for felony against this deponent, on an aft'ulavit made before him by .Fasper Vandensjuys, n clerk of t!ie North West company, discharged this deponent from the said charge lor felony, on its appearing, as this deponent understood and lielieve-s hy another utndavit made by the eanie Jus|M-r Vandersluys, that no tcluny had been coinniitted. 'J hat after this deponent's airival at Sand«icli, he was coni|)tlled at ti;e iiistaiue of llie aeiiiig Solicitor (ieneral to enter into recognizance, to appear at tiie next assizes tiicn next loliouing in the western disli let, to answer some of the charge's for which <leponent had already been obliged to giv(^ bail as aforesaid to the special coniniis- sioiier, to appear at Munlreal in March iii.st ; and this deponent, ut the same tiiiie, was obliged lu give bail toiippeor at tlie qiurter Mirsiuns at Sand»ieh in April lust,
lur
^
RED RIVER SETTLEMENT.
ni
for another of the charjces for which recognizances had already been taken by the commissioner as aforesaid. That this deponent or his counsel, havini; stated the liarri- ship of his being com|jellcd to give bail to appear at Sandwich, and also at Montreal nearly about the same time, and for offences alleged to have been committed at the varne pince, and even for the same alleged offences, the acting Solicitor General said, that Mr. Coltman must have acted without legal authority in exacting bail from this deponent, to answer at Montreal for oiTences alleged to have been committed n Upper Canada ; and that though Mr. Coltman might have acted wrong, it was still incumbent on the magistrates in the western district to exact bail from this deponent on the evidence then produced ; that the acting Solicitor General also stated, that some of the charges, and more particulurly one for an alleged rescue which was then brought forward aminst this deponent and others, was preferred in obedience to orders direct from His Majesty's ministers in England ; that this deponent was natu- rally alarmed to perceive, that the exeitions of the law officers of the Crown in the usual course of \«n in the courts of this province, was not the only difficulty which he imd to encounter in defending himself from the charges which iiad been made against liim ; and having no aHcmative but to give the bail required or go to gaol, in order to answer at Sandwich in due tinie fur alleged offences for which this dc|>onent was already under recognizance to appear at Montreal, the bail required was given. That this deponent having afterwards appeared at the Court of King's Bench at Montreal, in March last, m pursuance of the recognizance taken by Mr. Coltman at Red River, was not allowed an opportunity of answering tlie charges for which Mr.' Coltman had exacted bail to appear at that |)lace, but was called upon by the court at tlie instaucc of the Crown officers, assisted by the private counsel of the North- West company, to renew the recognizance taken by Mr. Coltman. and to enter into bail to answer charges contained in that recognizance, at a court of Oyer and Terminer in the province of Upper Canada, or to go tc gaol. That the Crown officers in supporting tlieir motion on tiiis occasion, maintained, in direct contradiction to the opinion expressed as herein befure-mentioned on the same point by the acting Solicitor General of this province, that the recognizances taken from this deponent by Mr. Coltman were legally and properly taken. That a certificate was produced on behalf of the deponent, signed by the chairman of the quarter sessions at Sandwich, showing, that this deponent had already given, by the proper and legal authority, suffi- cient security to answer the charges against him in the western district of this province ; but that, nevertheless, tlie judges at Montreal, who were believed not to possess any jurisdiction over the offences imputed to tl)is deponent, ordered that bail' should be given by this deponent for these imputed offences on pain of imme- diate imprisonment, in consequence of which order the bail required was given. That towards the end of March last, this deponent set out from Montreal, and travelled on horseback, at tliat season almost the only practicable mode of travelling in this country to Sandwich, to answer a charge fur assault and false imprisonment preferred agamat him at the quarter sessions tliere ; and that though two witnesses appeared against this deponent, and though the trial was then brought on at the instance of the prosecutor, tiiis deponent was acquitted by the jury, the , gentlemen officiating as counsel for tlic Crown, declaring at the same time m open court, that not a slindow of evidence had been produced against this, deponent. That afterwards, about tlie end of August last, this de(>onent travelled again from Montreal to Sandwich, to be ready to answer the charges for wiiich lie had already given bail tliicc different times, und at three different places, from six hundred to two thousand miles apart, and which he naturally fluttered him- self would at last be put in a shape to admit uf being answered. Tliut a charge for a rescue above-mentioned to Imvc been preterrcd, as stated by the actin;;; Solicitor General, by iniiiiediate orders from ills ISlajesty's Mini'jters in England, was now set aside by the grand jury, who indorsed the bill of indictment pieferred on tlmt diurgc, " no bill." 'liiat tiiis deponent was tiicn informed, for the tlrst time, that a bill uf indictment Hguinst him and otiiers, for a conspiracy, was to be lirougiit under the consideration of the grand jury at Sumlwich, and believes that the said ittdictinent was under the consideration of the {irand jury, anil tlmt before the same bill was deter- mined upon, the court was adjourned sine die, Tlmt the deponent further believes, that un indictment to the same ell'uct with that formerly under the consideration of the grand jury of the district, where the imputed acts on which it is founded are sup- posed to have been counnitted, and for w hiih he has so frequently, during tiie. last tno years, been com|K'lled to give bail us aturcsoiil, has now been preferred against liiiii in this district, where the acts in question were not conrmitled. That if a return .'>«4. 4 U bail
»78
PAPERS Rf: LA TING TO T II K
bad been made tu tlie bill of indictnent [tefon the- adjournment of the Court n.i oforeeaid, this deponent would eitlwr have been absolved from this ciiargc by the bill being thrown out, or would at least have enjoyed the advantage common to nil the inhabitants of the western district, of nearly twelve months to prepare for his defence, but that he is now culled upon in a manner unusual, if not unprecedented, in •ny country whose inhabitants enjoy the regular protection of Dritish laws, to answer •t the end of six months in this district, to a charge grounded upon acts alleged to have been committed in the western district, at n period when tlie Court for tiiis district is known to have possessed no jurisdiction over the place where the acts in question are alleged to have been committed. That this deponent is not aware of any act of his own, by m hich he Imth been divested of the legal ri;;;ht, believed to be one of the most valuable privileges of Uritii^h sul)ject$, to be amciinblc fur oHfcncea alleged against them to those Courts only which possessed jurisdiction ut the time of the offences over the place where they are alleged to have been committed. That though some of those, supposed to be the private prosecutors on this charge, are known to have liad their triaU for crimes alleged against them, transferred irom Lower to Upper Canada, yet the order for that transfer is understood to have been granted at their own desire, whereas this deponent has never desired to have his trial transferred from the western district, where it is sup|)osed the only legal tribunal for tiying him existed, at the time that the acts imputed to him are alleged to have been committed. That this deponent believes, that no example can be found in the British dominions, except in the case of tlic present indictment, where after an individual has expended almost two years in travelling, to appear at different and very distant tribunals, in pursuance of recognizances repeatedly exacted from him, on pain of iropiisonmcnt, an attempt has been made to indict him, not for offences previously imputed to him, and for which he was prepared to answer, but for one which had never been named to him before, as one lor which he would be required to answer, and which imputing an intention not implied in the charges previously brought against him, required a much more extensive chain of evidence for his detence, than could have been necessary to disprove any of the separate offences previously alleged against him, and for which lie had been so repeatedly required to give bail ; and that after the attempt to indict him on such newly advanced charge has failed in tlie only Court believed to possess competent authority, he has subsequently been indicted before another Court, deriving its authority from a statute which had no existence at the time the acts imputed to him are alleged to have been committed. That this deponent has already been at no small inconvenience, and incurred great expense on account of the charges alle^d ag^nst him in this indictment, in having been compelled to direct his attention from his professional pursuits, and to waste so much time in. long and harassing journeys, for the pur|)ose of answering tliese charges, by recog- nizances legally or illegally exacted ; and this deponent, by these repeated journeys, for tliousands of miles, believes that he has evinced a due desire to answer every accusation that might be brought against him.
This deponent further saith, that before he has consulted council, and inspected documents now at a great distance, it will not be possible for him to ascertain what witnesses may be required for his defence ; and that he has reason to believe, and doth believe, that the most material witnesses are without the jurisdiction of this province, and consequently it will be almost impossible for him to procure their attendance, if he |)ossessed funds adequate for that purpose ; in these most extraor- dinary circumstances, this deponent believes, that he is entitled to the lenient con- sideration of this Court, and further, this deponent saith not.
Sworn in the Court, (Signed) John Allan.
Monday, March ist, 1818.
In addition to what is contained in this affidavit, T have to state, that it was read on the first instant, in the Court here, on the occasion of my being arraigned on an indictment for a conspiracy, preferred by the grand jury of the district, founded on acts alleged to have bieen committed in the western districts, at a period when neither the grand jury nr)r the Court in this district possessed any power of assuming jurisdiction over the acts in question, nor over the place where they are alleged to iuive been committed, with a view of obtaining a mitigation of bail in favour of a prisuuer Mho was thus, for the fourth time, and at a fourth place, required to find bail to answer for the same alleged acts, by raising a presumption in the mind of the Court, ttiat the Crown officers in this province might be disposed to act more rigorously towards me, in the desire faithfully and zealously to fulfil the orders of the
Government
IIED HIVER SETTtEMENT.
»79
Oovemment from wHich they hold their appointimnts, thaa they would have been if left to prosecute according to their own judgment, in the accustomed forms of law, without any orders about me. That the impression produced by the affidavit did induce the Court to midftate the bail, by permitting one of the collateral securities required of me to be subdivided into two portions ; a measure which was necessary to prevent me being committed to {{aol, because no person whose private property was known to be sutficiently ample offered to take one of the two collateral securities, ■though the amount was only £. 500 ; that such a sulxiivision of so small a suni •hould have been found necessary, is an ample proof of the advantage proposed to themselves from their influence on tlic public opinion, by n)y accusers, in choosing York as the place for preferring their cliarges against me. Security to the amoiin'i of £. 5,000, or any larger sum would not have been wanting in my behalf on such an occasion at Montreal or Sandwich ; and yet my residence at York at variour. times has been longer than at Sandwich, and not moch shorter than at Montreal. During the reading ol the affidavit, the acting Solicitor General of this province, in a pa&sionate and most indecorous manner, in open Court, asserted, " that it was not true that he " was acting Solicitor General at the time that he was at Sandwich in January " 1818, that he went there merely as a private professional agent of the North- West. " company, witliout uny authority whatever from Government, and that the state- " ment concerning orders fiom Government was introduced in my affidavit, for the " purpose of creating an impression on the public mind prejudicial to the interests " of Government, by making it appear that the Government had improperly inter- " fered in the administration of justice." Now it seems the actin» Solicitor General was not appointed acting Solicitor General till a few wee ks after tlie period at which he was at Sandwich ; but it is not affirmed in my affidavit that he was then acting Solicitor- General ; nor is it false, when speaking of the present acting Solicitor General, to say, that the acting Solicitor General was at Sandwich at a time previous to his appointment, aiiy more than it would be to say, that the Lieutenant Governor* was a few years ago on actual service in the British army in France. The statement made in so improper a manner by the acting Solicitor General, in the Court here, that he had no authority from Government to act for the Crown at Sandwich, is' positively a mis-statement ; for he produced and £ied in the Court there a letter from his father, then invested with tlie duty of Attorney General, instructing him to repair to Sandwich, and there to attend to the interests of the Crown in whatever measure it might be necessary to adopt, relative to me and the persons by whom I was accompanied. That a statement was then made by the present acting Solicitor General, that some of the prosecutions then commenced were instituted by orders' direct from His Majesty's Ministers in En^and, can be proved by several of the gentlemen who were then in the Court ; and although the Solicitor General chose in the Court here absolutely to deny that he had made such an assertion, he has since acknowledged to me that lie did so for the purpose of inducing the magistrates to dn their duty, evidently showing, that he expected that the importance of the cause would be magnified in their estimation, as much as it is in his own from the circumstance of originating in such orders, but implying an insult to the judicial independence of the magistrates, as well as to the authors of tlie orders in question, since His Majesty's Ministers, in issuing such orders, could only have intended that the laws should be enforced in the accustomed manner, without subjecting tlie parlies who had the misfortune of being the subject of them to any more inconvenience than n)igbt be rendered just by the evidence against them, and absolutely necessary for securing the purposes of public justice. The whole conduct of the present acting Solicitor General, in first mentioning such orders, for the purpose of enhancing the amount of bail to lie required by the magistrates at Sandwich, and afterwards attempting by a positive mis-statement, openly asserted in the Court here, to deprive a prisoner of the mitigation of bail, which he expected from stating the circumstance and appealing to the independence of tiie judge, betrays at once a criminal badness of heart, and :i pitiable weakness of understanding ; tor the amendment of which, the subscriber considers it a duty to recommend his conduct to the just animadversion of his Excellency the Lieutenant Governor.
iilh March 1S19. (Signed) John Allan.
May it please your Excellency. York, 1 ath March 1 8 1 9.
I Have read the petition and affidavit of surgeon Allan, which your Excellency had the goodness to communicate ibr my notice and remark.
So far as relates to the business of the late assizes in the western district, I have ;ilready had the honour to explain, in answer to the letter presented by Earl Selkirk.
584. ' To
Indosure (3) liiSirl'.iMiiitland's, uf 3U Ajiril 1819.
tU PAPERS RELATING TO THE
To the reproach intended to be conveyed by the petitioner, as having promoted an act to inquire and try, in any district of the province, crimes and offences com- mitted in any district witiiout the limits of the organized population of the province, I am happy in the occasion to refer your Excellency to a short history of that bill.
In the forty-third year of His Majesty, an Act passed the Imperial Parliament, giving conditional jurisdiction to the court of this nrovince to try offences committed in the Indian territories, without tlie limits of Upper and Lower Canada. It was not until 1817 that any appeal was made under tiiis statute, w hen various charges against many individuals were transmitted under the seal of Lower Canada, con- fonnably to the provisions of the said statute, tu be inquired of, and tried in this province.
A vast extent of Indian territory, inhabited only by Indians and their followers) lies within the limits of this province, which are not precisely known, uud difliculties were apprehended on the question of jurisdiction.
A bill was introduced into the legislative council, to relieve us from the expected embarrassments ; this bill was referred to the three Judges, discussed, amended and approved by them, passed the legislative council, but was not returned that session. The House of Assembly having considered the bill during the recess, it was sent up at the next session as having originated in the House of Representatives, and passed the council, and received the Royal assent Sucli a course seems incompatible with the suggestions in the petition, that your Excellency and the other branches of the Legislature were surprized.
With respect to the construction put upon the bill by the Chief Justice, and com- plained of by the petitioner, I am at a loss to discover to u hat he alludes ; no ques- tion upon tliis bill has yet been agitated to call for construction. At tlie asi^izes for the home district, a bill of indictment was found against tlie Earl of Selkirk, the petitioner, and many others, for a conspiracy ; the process of the court was prayed upon filing the bill, and surgeon Allan, having attended the court as an evidence in certain civil actions at Nisi Priut, applied tu the court to be admitted to bail, and traversed the indictment to the next session. Upon the question of bail, it appeared lo the court, from the details of the overt acts charged in the indictment, us read to the traverser, that the bail should not be light, and it directed X>i<<)00 for the traverse, and i^.500 for each two sureties; which last, by the indulgence of the court and prosecutor, was admitted to be subdivided, to suit the circumstances of the traverser.
Your Excellency will perceive, that in all this no occasion was offered on either side to discuss the legality of the proceeding; and as the traverser had counsel at hu side, the court had no cause to presume any doubt, to form any construction, or pro- nounce any opinion u|)on the Act under which the indictment is alleged to have been found. Any question of expediency or propriety in bringing forward the prosecution in that shape, was for the consideration of the Attorney Cjeiieral, and not for the court. I am grateful to your Excellency for the early communication of this and the former letter, and shall ever be so, for occasion to account for my conduct in any of the various relations in which I stand with your Excellency, the Crown and the public, conscious of no motive but duty, for my actions as a magistrate, a legislator, and executive counsellor.
I have the honour, &c.
(Signed) H'm. Dummer Pmrell.
His Excellency Sir P. Maitland, Lieut. Guvernur, &c.
Inclnsure
inSnP.Mnitlnnd'i, of 3d April i8ig.
May it please your Excellency, York, March i.itli, 1819.
I have perused the petition of Mr. John Allan, and ilic affidavit accoinpaiiying it, which I am to thank your Excellency for submitting to me; and to assist your Excellency in forming an opinion on tiie uiatters tlicy relate tu, I will give a sliort account of the facts, with w liich I am necessarily conversant, respecting the prose- cution of John Allan.
Some time last Spring, I thiiik late in April, the agents of the Norlh-West com- pany and their counsel, placed in my hands, as Crown oHictr, a great iiinss of testi- mony, consisting partly of documents in the hand-writing of the accused, and incapable of contradiction, end partly of depositions of a great number of witnesses to facts wliich tliey were leady to substantiate, by viva voce evidence in a court of justice.
RED RIVER SETTLEMENT.
2S1
It regarded principally the conduct of the Earl of Selkirk and his followers, in ;he \cor 1816, at Fort U'illiam, in the western district of this province, and chargni them among other things, with having, under pretence of enforcing justice, employed nn armed and lawless band of discharged soldiers, in riotously obtaining forcible possession of the persons, houses, goods, papers and effects of tlie company of mer- chants mentioned above, of continuing in such violint and unlawful possession from the month of August 1816, to the end of May 1817, and totally obstructing during nil that time, the trade and business of the company; with seizing their papers under an illegal warrant, and breaking open, perusing and detaining their private letters, books and accounts : with compelling-the clerks and servants of the company remain- ing in charge at Fort William, to leave their employment, and depart to Montreal, under pretended writs of subpoena, issued by Lord Selkirk as a magistrate, to give evidence at Courts, and in coses assigned by his Lordship, to suit the purpose of the moment, and sending them away as pretended witnesses in the same manner as if they had been criminals, though they had never been examined by his Lordship, os to their knowledge of tiic matters mentioned in the subpoenas, nor have ever since been called upon to give cvidcuce in any Court respecting them ; with sendine away ns a prisoner, the only remaining agent of the company lel\, with his Lordsbiiys con- currence, in charge of Fort William, when the partners had Iwen sent down prisoners to Montreal, without any informaUon on oath, to charge him, without examining him, upon any alleged offence, without making out any warrant against him, but under a pretext of a criminal charge which has never since been advanced, viz. of having in his possession stolen goods, though the articles alluded to have been the subject of an amicable comspondence between his Lordship and this agent three weeks before, and of proposals on the part of his Lordship, which had he believed this person guilty of the crime he now suddenly imputed to him, would have been an offer to compound felony ; with seducing the engaged servants of the North- West company to leave their employers, after the persons whose duty would have led them to coun- teract those attempts, had been thus unwarrantably sent away ; with preventing them by force from serving their laMful masters, proclaiming to them, that the Earl of Selkirk had full power to cancel their agreements, and ordering them in the name of the King, to labour for his Lordship; with arresting all the partners of the North* West company present in Fort William, when it was taken possession of by the Earl of Selkirk and his part^, under a worrant issued by his Lordship, charging them with heinous offences, sending them all to Montreal to answer to these accusations, except one partner, a Mr. Daniel M'Kenzie, who though involved in the same charges, was not suffered to go down with the rest to take his trial, but was kept seven days without examination in solitary confinement, guarded by armed soldiers, then examined by his Lordship, thrown into a dark dungeon for 48 hours, then again replaced in his former confinement, guarded as before, for many days, until overcome by terror, suffering, threats, and alternate persuasions and promises of indemnity, he executed a deed of sale to the Earl of Selkirk, of all the North.West company's property at Fort William, amounting to ^. 30,000, and other instruments, which could the law under such monstrous circumstances have given tliem validity, would have nearly accomplished the ruin uf the company. After executing which instru- ments, writing a letter to the Earl of Selkirk, slandering the principal partners of tl)e company, and suffering himself to be made an instrument in the hands of the Earl and his tollowers, to tempt in a most w icked manner, the distant partners and servants of the company, to dishonesty and fraud, Mr. AI'Kenzie was relieved from his confinement, and suffered to go where he pleased, witliout any bail being required of him to answer for the offences which had been the alleged grounds of his detention.
These formed a part of the charges, in support of which a great body of evidence was placed in my iiands. Among the agents of the Earl of Selkirk, involved with him in those charges, was your Excellency's petitioner, John Allan.
What notice had been taken of him by His Majesty's special commissioners, or what oftisnces had been charged against him at Red River, or in Lower Canada, was then unknown to me. But if whatever the petitioner states is correct, if the special commissioner, or the Judges of Lower Canada had acted illegally and oppressively as he complains, and I had been aware uf it, it could not in any degree have influenced me, or affected the measures it was my duty to pursue. If the petitioner had been illegally held to bail in Lower Canada, for offences committed in Upper Canada, it was not the less my duty to prosecute him in the only Courts to which he was amenable. He could derive from that circumstance no ctahn to impunity. Neither could it enter into my consideration, what charges the commissioner or arty other
584. 4C person
ali PAPERS RELATING TO THE
pemon had adranced af(ainst Mr. Allan, or whellier they conceived tlie acts unputcd to him constituted oflliiccs of a greater or less degree, than appeared to injfwltfroui tlie evidence now placed before me. The special cummiuioners acting at the Red River or at Montreal, and the Judges of Lower Canada, are not under the control of this Government, or of its servants, and it is therefore unnecessary for me to make any remarks upon those parts of the petition or affidavit in which they arc mentioned.
A mature consideration of the evidence before me left no doubt in my mind, tliat the proper mode of proceeding upon it was tocousiderall the violence.s and wrongs it stated, as proofs of a combination or conspiracy in tlie Earl of Selkirk and his followers, to injure the trade of a rival company, by open violuiioii of tlie liberty and property of its members, and by an oppressive perversion of legal power and authority to interested ends. I therefore required the attendance of the necessary witnesses to support tiie charges, and preferred an indictment for conspiracy against the Earl of Selkirk and his followers, among whom was the petitioner, at tlie next assizes in the irestem district, which was in the month of September last.
I have had occasion already to detail so fully to your Excellency the proceedings upon this indictment, that I need not now remind your Excellency of the circum- stances which prevented its being cither found or ignored, and left the prosecutors trecisely in the same situation as if it had never been preferred. Facts which have already reported to your Excellency, and others which I have not thought it necessary to communicate, convinced mc, before the investigation had proceeded far, that had the grand jury ignored the bill, which I do not consider possible, it would have been my duty to have filed an information ibr the conspiracy ; and after the undecided state in which the prosecution was left by the adjournment of the Court, I sliould have felt myself bound to pursue the same course, had there been no other means of bringing the charge before the country, tha'i by going a second time before a grand jury m the western district. There is indeed a middle course in offences of this nature ; namely, by the prosecutors moving the Court of King's Bench tor leave to file a criminal information through the officer of that Court, ujion grounds shtted fn affidavits ; and this course I should have pointed out to the prosecutor, but from the impracticability of going through the necessary forms, which require personal service of rules upon the defendants, the Earl of Selkirk, the principal offender, having suddenly withdrawn himself from this province to England before the ensuing term.
Fortunately for the ends of public justice, a bill, which originating in considerations purely of a public nature, haa passed one branch of tlie Legislature in March 1817, precisely in its present form, before Uie petitioner or tliis charoe of conspiracy against Liin was under consideratioit, and would have passed the other, but for a diff< rcnce between tlie two houses respecting their privileges, which obstructed public business^ was in tlicir next srjision revived and passed into a law. It autliorizcd ttie trial, in any district of this province, of ofiences committed in such parts of it as were yet unorganized, and, if I may use the expression, unreclaimed.
The motives which led to this bill, as I have understood, for 't was not of my framing or suggestion, were these considerations of public justice and convenience. It would enable us to sulxiiit to the same tribunal ail offences charged upon both parties, cognizable by our courts, whether in the Indian territory, out of this province, and placed within our jurisdiction by the provision 43d Goo. Ill, or within this province, in any unorganized part of it. It would relieve the court from {icrplexiiig qucstioiiB about tlie limits of Itiii province, since as to those places doubtfully situated, ami supposed by some to be in Inmn territory, properly so called, and by ottiers within this province, it would give to thesautecourt jurisdiction in cither case, and would render the iloubt ol no wciuiit in defeating the ends uf justice. It served (lublic cuuvenieuce, as it prevented the necessity of taking witnesses unnecessarily to the remotest district of tiie province, ond might authorize tlie invcstijration uf all the charges which have been advanced by the parties against eucli other in tliis district, where the time the tiials might occupy wotiUl (iccusion less expense and public einbarrassment tliau on tlie circuit, and where tiie presiding judge in any questions which might arise, would have an o{iportunitY ui lontierrin^ u iili his brothers. Tiicse are tlie motives which luive been usbiniiul to me, asgiviii>! rise to this bill in the year 1817 ; and if tiie Legislature in tiieir lust ses.tiun were furtiicr induced to pass it, by a knowledge of the late pro« ccediii^^g ill the western district, to which the trial of offences committed in the Indian territories ot this province was before cuntioed, they consulted well, as was their duty, (he true endi: of justice, in providing for the impartial trial of ofi^eaders.
Be
RED RIVER SETTLEMENT.
983
Be
Re this M it mny. I lost no time in availing niynelf of thia effect of its provisions, u it relieved me from tho necessity of a meoHure, which would doubtleu have been excluiined agninst us severe. Refusing to file an ex officio information, aa another ■node was now open of bringing these charges before a jury, though at au expense to the prosecutors of bringing tiiirty witncs^ses a second journey of four hundred miles. I took the necessary steps tu procure the attendance of Uic witnesses, and preferred in this district, at the first court of Oyer and Terminer in the province, which suc- ceeded the passing of the Act, an indictment for conspiracy, embracing tho charges I have mentioned. It was fuiinil by the grand jury, and tlic process of uie court issued in the ordinary mauner. The only person within its reach, of those included ui the charge, was the |)etitioner, John Allan, who from the evidence in my pos-scssiun Appears neither the most nor the least conspicuous among the agents of the Earl of Selkirk. He was under no obligation thot I know of to nppe«r there, or at any other court of thb province, but attended as a witness for tlie Earl of Selkirk in some civil actkins, growing out of his conduct at Fort William. He was of course held to Imil upon the indictment, as he traversed to tlie next assizes ; on that occasion he read to the court tlie affidavit which accompanies the petition. It contains matter with which the courts in tliis province could have nothing to do, and some subjects of complaint, which it would be easy to show, are oltogether groundless. Nevertheless, it pnf«ed without comment from me, and I readily acquiesced in what was proposed by the court, for the case of the defendant
This is tho part which the court and His Majesty's law officers here have had in the prosecution of Mr. Allan, who will be acquitted or convicted as a jury of his cou *'ry find him innocent or guilty. Far from being the object of persecution, his prosecution is considered by tlraae whose duty it is to conduct it, as of very inferior moment to tlie ends of public justice. It is the Karl of Selkirk, in whose hands ho was but an instrument; however a jury may excuse his agency, who, it is arast desirable to tlie ends of justice should submit himself to a trial by his country, for oftences against tlie property and liberty of his fdlow-subjects, of which the disclosure of a very small part, has obtained from a jury a recompence to an injured individual, by a verdict against his Lordship of {,. i,joo.
As to the complaints of the petitioner against the Act whieh authorizes his trial here or in any other district, I do not altogether comprehend them. He complains of the preamble prejudging him, as it speaks of " oflenoes committed ;" I think the absurdity of this need not be remarked upon. In the same uuuuMr, and by the same expressions, does the British Act of the 43d Geo. III. prejudge all those who, at his Lordship's prosecution have been, or are to be tried under it. In the same manner have the many British statutes, which for reasons, and upon occasions less urgent than those which induced this Act, have removed tlic jurbdiction of offences from the populous counties in which they were committed, to any in which, " for their more easy and speedy trial," it might be deemed expedient to prosecute them, prejudged all those who have been condemned under them.
In truth, the whole of the observations of the defendant respecting this law, show Utter ignorance of the question they relate to, or fe total disregard to accuracy of statement; I am willing to believe they may proceed from tlie former cause. Th« provisions of this Act, which has but the effect of making the jurisdiction transitory, are callwl " unprecedented," and ivprcsented in the light of ex post facto enact- iiK nts against the natural rights of subjects.
The one observation is untrue in terms, the Other is substantially groundless. I need but refer your Excellency to tlic Act of this province passed in 1814, autho- rizing tlie trial in any district of any high treasons committed within the province during tlie late war, under which a great number of persons were condemned under a special commusion in tlie district of Aiagera, and several executed for treasons committed in the district of London before tiie (lassing of that Act, and among the nuuiher of examples whiih abound in the British statute book, to the Act 19th (ieurge 2, under which tiiose engaged in liie rebellion of 1745, were tried under a specioJ commission in Surrey, for treasons conniiittcd in different counties in the kingdom ; these laws are never regarded as c.v /jost Jhcto, they create no new otlence, they neither increase nnr (iiniinisii tlie measure of punishment, tlicy merely alter the place of trial, and prevent public Justice from being defeated or embarrassed in its administration, from a rigid adiieience to u rule of the common law, which though once founded in reason when tlic Jury was taken from the hundred or vicinage, is in
584- reality
•u
PAPERS RELATING TO THE
reality Income inKignilicBnt, from tlie iixxlerti practice of HumlI1ot)in^ n f^cncral naniicl oi jurum li'uui tlic county at lurfie. liut never was tlicro u cane in wliicli 8u little ot° furiii ever was tacriticed, us in the present.
Fort William, ami the wild country surrounHinp it, have no more gcogrophicnl affinity to the western district timn to this, although annexed to it Iw >ni Act of our ParliHiiient. The jurors who dispense justice in that district, arc divided from Fort ^Vjiiiam, the scene of tiie otfencrs charged against Mr. Allun, hy as many hundred miles of ravage wilderness, as are the jurors of this, and know iis little of the parties and their oA'cnccs, or the credibility of the witnesses, except from the pains taken by the F.url of Selkirk to instruct them on those heads, by pamphlets industriously circu- lated ui the moment of the sitting of the court.
The |)ctitioiier stteaks of illegal, oppressive and partial conduct, on the part of the servants of Ills Alujcsty. Geiierul uitsertiuns of this nature, even from |)erson.s differently situated from Mr. Allan, will, I am sure, never receive from your Excel- lency much attention, and I shall make no comment upon them. I observe sub- joined to the ufliduvit some remarks applied to the Solicitor General, expressed in a languqge which, however it may be received by your Excellency, must prevent its obtaining any notice from him.
For defendants in criminal charges to exclaim against the justice of their prosecu- tion, is not unusual ; some may reason themselves into the persuasion that they are persecuted, others may think it serviceable to themselves to produce this impression on ihe public. But to express resentment against the ministers of justice in terms so indecent, is at least uncommon, and in an official representation to tlie head of Uie Government, I ho|)c without example, as it is without excuse.
I should not have considered it necessary to remark so much at length on this petition ; there is nothing in the matter it states that required it, when the facts it involves are known, and where the character and conduct of His Majesty's officers concerned in the administration of justice, are open to public observation ; but it is jnost probable, tliut this statement is not merely meant for your Excellency's eye, and it is of some consequence to the public character of tlie country, that wherever it goes, it may be accompanied by the truth.
I have the honour, &c. His Excellent y Sir P. Maitland, (Signed) //i' B, Robinson.
Lieut. Go ("''■nor, &c. &c. A. G.
No. 41.
Copy of a Dispatch from Major General Sir Peregrine Maitland, K. C. B. to Henry Goulbuurn, Esq. i dated York, Upper Canada, 4th May 1819 :— Four Inclosures.
My dear Sir, ^ . York, 4tli May 1819.
Wn ETHER the Act against which Lord Selkirk objects in such unmeasured terms, be ill advised or not, is a malter of opinion ; but in saying it was hastily passed, his Lordship asserts a fact u hich is capable of most satisfactory contradiction. I'he bill in question had met with the concurrence of Iwth Houses the previous session, and but for the abrupt prorogation, would at that time have passed into an Act.
It appears to me, that the necessity for such an Act was abundantly obvious, in tlic lawless proceedings and songuinary quarrels between the rival companies ; and tlie bearing of tliat in question a|)pears to me to be no less salutary than just ; but I forbear from any further remarks on the subject, having forwarded for Lord I3athurst's infoiniation the observations of the Chief Justice and Attorney General on a letter of complaint Irum Lord Selkirk, and on a memorial of Mr. Allan.
I called for these answers, with a view of putting Lord Bathurst in possession, as earh as possible, of both sides of the question ; and, for the same reason, I send by the osent mail certain remarks by the Chief Justice on Lord Selkirk's letter to Lord Liverpool.
Believe me to be, my dear Sir, &c. Hcnrv Goulbiirn, Esq. (Signed) F. Afaitkiud.
&c. &c. &c.
REb RIVER SETTLEMENT.
285
Sir, Vork, i Moy 1819.
I have prniRctI uitl) a lively interest the copy of a letter from the Earl of Selkirk in Sir R to tite I'larl of Liverpool, dutcn in Grosvcnor-placo the Ktii February last, and bcf; "' 4^l> leave to express my grateful acknowledgement to your Excellency for the communi- cation. On the (ut>ject of the bill poswd in the last gession of the provincial Lcuis- laturc, hiit lordship has not only Iwnded unfounded surmises, but hns advanced oh fact that which is not true. Ife isplcHited to say, that tlie Act of the 31st of the King, cap. 31, divided the province of Quebec, and makes no alteration in 1)10 western limits established by the 14th (leu. II L cap. S3. The Canada bill does not divide the province of Quebec ; it premises that it was His Majesty's intcntiun to divide that province into two provinces, to be culled Upper and Lower Canudu, and makes provision for their government when »o divided. His Majesty, by iiis order in council, subsequent to tlic passing the Act, did accordingly separate the nruvince of Quebec into Upper and Lower Canada, ond docs make a great ulterutioii in the western limits from those established by the 14th of the King, extending thcin westward, without difference, to the limits of Quebec, in sucii terms as plainly indicate the intention to comprehend all the country conquered from Trance under the name of Canada, which had not been relinquished to the United States of America, or secured to the Hudson's Uay company, or designated ns Lower (.'anada. Earl Selkirk is pleased to say, that the Chief lutticc of Upper Canada declared tliat his jurisdiction extended to the Pacitic Ocean ; his lordship iii'ist have been mis- informed ; I never did pretend to pronounce the extent of Upper Canada, but did deem it respectful to pause, when a deliberate act of the Ki-ig in council, contem- plated and referred to by Parliament, was set at nought by a provincial magistrate.
The Earl of Selkirk alludes to legal opinbns of the first authority, on the jurisdiction of the officers of the Hudson's llay company over ofl'ences and olfendcrs within its territory. The Chief Justice of Upper Canada had been taught to consider the Parliament of the United Kingdom to be the highest legal authority, and its Act of the 43d of the King gives jurisdiction over offences committed in the territory of Hudson's Bay to tlie Courts of Lower Canada, as occasion may require.
Thirty indictments for felony and murdc, in which Earl Selkirk was the prosecutor, had been transmitted for trial in Up|)er Canada, under the provisions of the last- mentioned Act. It was apprehended, that the question of jurisdiction might be raised, and if it should turn out that the lociu in quo was in the western district of Upper Canada, the Court of the home district was incompetent to try tliem, and they must have been renewed in the western district, at a great charge to the prosecutor as well as the culprits, and great inconvenience to the public, fhe bill iu question was to meet this contingency ; it was introduced and passed in the council, after mature deliberation and references to the Judges. It was not returned from the assembly during that session ; but after the prorogation, it was at the next session sent up as a new bill from that house, and passed the council. It did not receive the royal assent until it had undergone the consideration of some weeks. As relates to the general hardship of the bill to the individuals, and injustice to thr locbl jurisdictions^ It may be observed, that it operates on no organized population of the province subjected to municipal reuulations ; the territory which it affects is in the Crown, and part of a district, but the soil is in tlic aborigines, and inhabited only by Indians and their lawless followers. As to the removal of prisoners, prosecutors and witnesses, to a remote distance, it has not been thought a hardship to subject them to a journey of five times the distance, passing eight districts and a whole province, with the chance of being remanded fur tnul to the district nearest to which the offence was committed ; such is the operation of the 43d of the King, under which Earl Selkirk prosecuted in Lower Canada the numerous indictments bansmitted to Upper Canada for trial.
As to the insinuation by the Earl of Selkirk, that the bill was got up through the influence of tlie North- West company, and that from the same cause the Spring assi/es for the iioiiie district were unusually early, by appointment of the Chief Justice, it is presumed that a serious attempt to refutation will not be ex|)ectcd.
I have been on the bench thirty years, subject as all are, to good report and evil report; but this is the first surmise of corruption or suspicion of it which has been made known to me. "- I have (be honour to be, &c.
His Excellency (Signed) , W" Dummcr Powell.
Sir Peregrine Maitland.
584. ^ 4 D
xlllBUIC
(0
.MitilLmtli, M»y 1S19.
3SC
PAPERS RELATING TO THE
InrltiSllItl
(1) inSirP. Maitl of 4th May |8
Sir. York, 3(1 Alny 1819.
uidB, In closing my letter of the 1st instant, on tl>c subject of the Earl of Selkirk's
10. libel, it occfrred to me that a concise report of the two civil actions decided here, Df^inst his l^ordsliip, for false imprisonment, would be a fair and complete confutation of his Lordship's pretension to exclusive merit and sutVcring from the injustice of others. I now take the liberty to inclose it, not as an official document, but one w hicli may lie relied on, and verified by numbt-rs. Thinking that the colonial de|)artmcnt might be w iliing to know on what rests the pretensions of Lis Lordship, to credit, as an innocent and jjei-secuted man, persecuted by corrupt influence over Uis Majesty's servants, under tlie protection of that departnjcnt.
1 have the honour to be, &c. His Excellency If'" Dumnter Powell.
Sir Peregrine Mattland.
Inclofure (3)
M'Kenzie "j Spring Assiies, York, iSiJ).
and ' False Imprisonment.
Earl of Selkirk,]
It was in evidence, that plaintiff was a retired partner of the North-West com- pany, with several other partners at Fort William, in the western district, when they were arrested on charge of felony, by warrant from defendant. That after examination, the otlier jiartncrs were conmiitted to the prison of tlie district, or sent to Montreal, but tlint |)laintift' was detained at Fort William, and confined in a place called the Ulack Hole. Thnt bail was olFercd to defendant, but rejected, on pretence that the charge against him was too serious to admit of bail.
Tiiat plaintiff was addicted to execs and frequent intoxication, and that his failing was encouraged, whilst in confinement, until he was prevailed upon to execute, whilst under duress, a sale of the copartnership property to defendant, alter which he was discharged without bail. That when defendant had committed to prison the other partnirs, they had left in charge of their concerns, two clerks, Vandersluys and M'Tavish, with powers to act for the company ; that defendant knew that these persons were alone entrusted wiih tlie affairs of tlie company. That he had made proposals to them to transact for the company, which they had declined ; and that after Vandersluys, one of the agents, finding his presence useless to his employei-s, from the control of defendant, had obtained leave to (|uit tlie fort, defendant renewed application to M'Tavish, the remaining agent, to transact with him on account of the copartnership, which M'Tavii^h still declining, defendant sent him in custody to Montreal, under a pretended diarge of being the receiver of stoleii j^-^^vls, knowing them to be stolen, but did not take his examination on that charge, or give any wanant of commitment to the person under whose custody he was placed, nor was any further prosecution of the charge carried on.
That after Mr. M°Tavish was thus got off, there remain'' d in the fort six other clerks of the Norlli-M'cst company, wiio had no particular charge of confiiltncc, but adhering to the interest of ilicir cniplovers, and liaving influence over the common servants of the conipiiiiy, lliey were got rid of, by the defendant sending them off to York, under pretence of u subpoena, signed by himself, to give evidence before a Court at York, on a day when no Court was holden, and no trials or prosecutions expected ; tills latter evidence \v;is submitted in aggravation to show that the iuiprison- nient of the plaintiff without coinuiitincnt regularly, was corrupt as well as illegal, with inlciilion wlien all otiiei course Ihiled, to extort from him us u nominal partner of the Noith-Wcst company, un exercise of authority over their concerns, which he, the plaiiitlll', disowned to possess, iuid protested against, so soon as he was at liberty, ill n pliicc when; UK ans for such protest could he ftuind. 'J'lie doremlunt's counsel liiiiiled till niselvLs to cross-exuiiiinaliun ui iii'j witnesses, and the jury found a verdict for the pliiiiililli und >(,. t,,)0(i damages.
'liic ahusc* of tlie authority of tl;c magistrate, for corrupt purposes of private interest, wtrc fco various and nnfiuestionable, that the Court alter receiving the verdiet, iiiliinaJcd to tiie Attorney (ieneral, the propriety of his official notice, but Lis Loiclshij) liuviu!; been diicliarued tVoni the uiiv^islraey, and hiing no longer within llic jiiiisilietion of the Couit of King's 1ai:cIi uf tliis pio\iuce, uo lurthcr notice was taken of hiui.
Upper
RED RIVER SETTLEMENT. 287
Upper Canadii, at the Sprin}; Assizes, i8io. W Smith, plaintiff,]
uiil > Trespass, Assault and False Imprisonment.
Earl of Selkirk, J
The evidence was, that the plaintiff, as deputy sheriff of the western district, nrrested the defendant on a warrant for felony. That the defendant being at Fort William in the western district, with many armed men under liis command, rescued himself from the arrest, and imprisoned the plaintiff in a house wherein there were other prisoners, one charged with murder, and since convicted. That an armed soldier stood sentinel at the door of the room in which plaintiff was confined, whose orders from defendant were, not to odmit him to go out or receive his visitors.
That the prisoner under cliarge of murder, was indulged to keep a school and walk in the fort. That defendant would have set the plaintiff at liberty, if he would engage not to act upon his warrant. That plaintiff was thus imprisoned from the 19th March to the nth May, when Lord Selkirk still left him a prisoner, but no authority was used to detain him after his Lordship's departure. The defence attempted was, that plaintiff was imprisoned for a breach of the peace, and also, that his imprisonment was voluntary, by connivance with defendant to colour his neglect of duty ; but no evidence supporting such a conclusion, the jury found a verdict for plaintiff with £,. 500 damages.
Incliisure
(4) inSi.-P.Muiiland's, of 4tli Muy 1819.
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