« ՆախորդըՇարունակել »
commend this example to the considera- land, to look into the charter of the Ilud. tion of our national legislature.
son's Bay Company, which was incorpoFrom the narrative before us, from rated by Charles the II. He found in this Mackenzie's travels, and from the outline charter a grant to this company of an inoflord Selkirk's 'Sketch of the Fur Trade, definite extent of territory bounding on &c.' contained in the Review already re- Hludson's Bay. He found, too, that the ferred to, we gather the following history 'nominal stock of this company was of the origin and progress of the dispute £100,000, and that the shares had fallen between his lordship and the Norih West from 250 per cent. 1o 50 or 60 per cent. Traders. Previous to the year 1806, the His lordship purchased shares to the earl of Selkirk was engaged in several nominal amount of £40,000, and obschemes of colonization in the British tained the virtual control of the Compossessions in North America. He first pany's atlairs. He next procured a grant te formed a settlement at Prince Edward's himself of about 116,900 square miles of Island—and on a visit to Canada, becoin- the company's supposed territory, coming acquainted with the nature and extent mencing at Lake Winnipic, and running of thefur trade, projected a plan for mono- some hundred miles into the territory of polizing it. At that period this trade was the U. States. His lordship now began principally carried on by an association to advertise for settlers, and soon obtainof merchants called the North West ed a number of Irish and Scotch families, Company, which had red
which he shipped off to Hudson's Bay, ganized by the indiviiuals who had for- under the conduct of Mr. Miles Macdonmerly pursued the same trailic on their nell, whom he appointed governor of the separate accounts. The stock of this Colony. The detachment arrived at company is divided into a hundred shares, York Fort, and proceeded to Red River, and each share confere a vote. Thirty of which it reached in the autumn of 1812. these shares are owned by a single house Gov. Macdonnell's first care was to make in Montreal, and eighteen or nineteen by due provision for the subsistence of his different houses in Montreal and London. people. This he was not immediately The remaining shares are held by the able to do, but was obliged to distribute wintering partners, who manage the af- them in the winter in the company's fairs of the company in the interior, and forts. The next winter he issued a prowho after having served a certain term of clamation in his quality of governor of years, are permitted to retire with an an- Ossiniboia,' prohibiting the exportation nual allowance, and the vacancy is filled of provisions of any kind from the counby the election of a clerk who must have tries within his jurisdiction. This properformed a previous tourof duty. Such a vince is thus meted and bounded in this system is admirably calculated to stimu- document—"Begivning, on the westers late all parties to activity. This company shore of the Lake Winnipic, at a point in has in its employ about 2000 voyageurs, fifty-two degrees and thirty minutes north who transport merchandise and provisions latitude, and thence running due west to to the various posts and depots, and col- the lake Winnipiquarhish, otherwise calllect the returns of furs and peltries. These ed Little Winnipic; then in a southerly returns amount annually to about 106,000 direction through the said Lake, so as to beaver skins, 2100 hear skins, 5500 strike its western shore in latitude fiftyfox, 4600 otter, 17,000 inusquash, 82,000 two degrees; then due west to the place marten, 1800 mink, 6000 lynx, 600 where the parallel of forty-two degrees wolverine, 1600 fisher, 100 rackoon, 3800 north latitude intersects the western wolf, 700 elks, and 2000 deer skins. The branch of the Red River, otherwise called distance of the Red River, on which this Assiniboin River; then due south from company had a post, from Montreal, is that point of intersection to the heiglit of 2300 miles by the nearest route, that of land which separates the waters running Lake Superior. This post is about equi- into Hudson's Bay from those of the Misdistant from Lake Superior and from souri and Mississippi Rivers; then in au Hudson's Bay, and appears to be the casterly direction along the height of land nearest point of the contested territory to to the source of the River Winnipic, the inhabited parts of Canada. His lord- (meaning by such last named river, the ship haviug possessed himself of various principal branch of the waters which information in regard to the establishments unite in the Lake Sagingae); thence along of this association, and perceiving its the main streams of those waters, and the greater facility of access from Hudson's middle of the several lakes through which Bay, was induced, on his return to Eng- they flow, to the mouth of the Winnipic
River; and thence in a northerly direc- led to retaliatory measures on the part of tion, through the middle of the Lake Win- the North West Company, Gov. Semple nipic, to the place of beginning." It will fitted out a gun-boat on Lake Winnipic be perceived that this new • Island of Ba- to interrupt the communication with the rataria'extends considerably into our Mis- Company's remoter establishments, and souri and North Western Territories. erected batteries, with the same view. The effect of gov. Macdonnell's procla- The Company attempted to open a commation was to interdict the usual supplies munication by land, between Riviere to the North Western Company's Voy- Qu'Appele and the Lake. About fifty egeurs. His excellency, however, grant- Indians and half-breeds were employed ed a partial supply out of the seizures for this purpose. In the prosecution or made under it, so that their business was this enterprise, a skirmish took place, in not brought to a stand. Lord Selkirk which the governor and about twenty of sent out a small body of recruits to his his men were killed. The rest of the colony, which arrived in the fall of 1814. colonists once more dispersed. The North-West Company about the Whilst things were in this state in the same time procured a warrant from Mon- interior, lord Selkirk had arrived in Canatreal for the arrest of gov. Macdonnell and da, and after receiving a commission as a his sheriff Mr. Spencer, the execution of Justice of the Peace for the Indian Terriwhich was committed to Mr. Cameron, tory and Upper Canada, had enlisted 1.0 one of the partners. Gov. Macdonnell disbanded soldiers of De Meuron's regirefused to submit to this process, and rent, principally foreigners, with whon, formally warned Cameron to quit the in addition to about 180 canoe-men, anul premises' of his landlord the Earl of Sel- a sergeant's guard granted for his lordKirk. Macdonnell's men, however, soon ship's protection by the governor of Canabegan to desert him, and he at last yielded da, he prepared to enter upon his seignohimself up a prisoner. After his depar- rial rights and magisterial duties. In his ture, one hundred and forty families of the progress he received intelligence of the colonists removed to Canada.
disaster which had befallen his Colony. Lord Selkirk in the mean time had pro- He immediately pushed on to Fort Wiljected a settlement in what is called the liam, the principal depot of the Nortli Athabasca (Athapuscow) country, an- West Company, where he arrived the other immense and still more remote dis- 11th of August, 1816. His lordship trict, included in the obsolete claim of the took possession of this post--no resistance Hudson Bay Company. A Mr. Robert- being made, although the company's serson was intrusted with the execution of vants there, at that time, amounted to this project, and collected a party for the nearly 500. Having thus far effected his purpose in Canada. His sordship was object, by military power, his lordship equally active in London, and baving for next assumed the character of the magistified himself with the opinions of learned trate, and in this capacity put all the lawyers, obtained from the Hudson's partners, whom he found there, in confineBay Company the appointment of a go- ment, and afterwards sent them of' as privernor and council
, with paramount judi- soners to Upper Canada, where they obcial and executive powers over all the tained their enlargement by a writ of Company's territories. Mr. Semple was Habeas Corpus. Unfortunately one of nominated governor, and embarked for the canoes in which these gentlemen were York Fort on Hudson's Bay. Robertson conveyed, being overloaded, sunk, and proceeded from Montreal, and despatch- Mr. Mackenzie, a partner of the North ed a Mr. Clark with about 100 men for West Company, and eight other persons, Athabasca, whilst he remained with some were drowned.
The Company's proof the Red River settlers who had set out perty at Fort William amounting to in the spring for Hudson's Bay, and whom £60,000, was retained by his lordship as he fell in with in the vicinity of Lake an indemnity for the expenses of the war, Winnipic. Semple advanced with his and their servants were taken into bis reinforcement from York Fort, and being own employ. Sir John Sherbrooke, joined on his route by Robertson and his governor general of the Canadas, was apparty, proceeded to Red River and re- plied to in behalf of the company, in this established the colony. Soon after an emergency, to order the arrest of lord attack was made upon Fort Gibraltar, the Selkirk-hut his excellency found, upon North West Company's post at the forks due consultation, that the scene of these of the lower Red River, where Mr. Came- outrages was situate in the Western Diston and bis people were taken prisoners. trici of Upper Canada, and the applicants The harsh proceedings of gov. Semple, were referred to Mr. Gore, the civil
vernor of that Province, for redress. A North America, and ascertained the geowarrant was at last issued by Dr. Mit- graphical situation of almost every river chell of St. Joseph's, a justice of the and district of those immense regions. peace, against lord Selkirk and the De They have recently established a consiMeuron officers, and a constable, with derable and thriving Colony on the Banks twelve men, was sent to arrest them. of the Columbia River, on the Pacific Lord Selkirk not only refused obedience Ocean, in direct communication with to the precept, but put the constable un- their Settlements in Canada, and are now der guard, and soon after
dismissed himn. extending their inland Trade southward He was, by this means, left in possession to the Spanish Settlements in California, of his conquests during the last winter. and northward to those of the Russians It is stated that he was preparing to erect at New Archangel. They have at this a fort between Lake Superior and Lac time upwards of 300 Canadians employde la Pluie, at the point which he deemeded in this Trade, between the Rocky the commencement of the Hudson's Bay Mountains and the sea ; and they have Company's territories, and that he had despatched three ships round Cape Horn, removed from Fort William into the con- with supplies, all of which have taken tiguous territories of the United States cargoes of Furs from Columbia, for sale one of the wooden buildings or stores to the Canton market in China.” We belonging to the North West Company, could wish that among all their doings and was taking steps to remove other they had caused a good map to be conproperty effectually beyond the reach of structed of the countries they have traBritish authority. Governors Sherbrooke versed in so many directions. The travand Gore have appointed Messrs. Colt- els of Clarke and Lewis, and of Pike, man and Fletcher, gentlemen of high which are illustrated by delineations of character, to investigate the proceedings their courses, have contributed much imwhich have been detailed; and these com- portant information to geographers.-missioners have entered upon their office Hearne and Mackenzie deserve much and proceeded on their destination. It credit for their resolution and perseverwas supposed they would arrive at Fortance in penetrating into more inhospitable William in June. A report has recently and desolate climes, but have not accomreached us from Canada, that a pacifica- panied their intineraries with charts suftion has been so far effected, that the ficiently perspicuous. The present pubtrade of the North West Company is re- lication on the behalf of the North West sumed, pending the legal adjudication of Company adds nothing to the stock of the dispute.
geographical knowledge. The contested We will not vouch for the accuracy of ground is, to all but the parties engaged the above relation,—but we can answer in hostilities, a terra incognita, in almost for the candour with which it has been every respect. compiled from the documents before us. We have not taken up this Narrative Of the personal character of lord Selkirk as a literary production, and as the author we have no knowledge, and we are equal- very frankly acknowledges that he is not ly ignorant of the collective or individual a practised writer, we shall not pretend merits of the partners of the North West to assign it any rank as a composition. Company. The author of the Narrative We cannot but smile, however, at the which gives title to this article, in enume- complacency with which this champion rating the good deeds of the latter, sets of the North West Company asserts that forth that they have, with a spirit of he can refer to 'proof no less equivocal liberality and expense, in many instances than any that can be advanced by lord unrequited by the result of their under- Selkirk. takings, explored the whole Continent of E.
ART. 2. A Course of Legal Study ; respectfully addressed to the Students of Law in
the United States. By David Hoffman, Professor of Law in the University of Maryland. 8vo. Pp. 383. Baltimore. Coale and Maxwell. 1817.
continual additions to the stock of dably solicitous for their orderly arrangeknowledge are accompanied by addi- ment, and for devising even facility to tional system; and that while the tem- conduct the student to the contemplaple of science is receiving new treasures tion of the riches of the very adyta of the
sanctuary. This diffusion of knowledge recommend it to the consideration of all may present, perhaps, sewer heroes in resolving and procrastinating readers. science; but it produces a stronger pha- “There is nothing," says he, “wbich lanx of disciplined scholars: we are we more earnestly inculcate on every more seldom dazzled with scientific har- tyro in law, than to observe scrupulously dihood and adventure, but the march of the hours which he has allotted to the improvement is more steady and uni- study of his profession. Whatever may form: the literary state is subject to be the temptations of other and more fewer revolutions, is less influenced by pleasing literary pursuits, or whatever the authority of particular names and the allurements of idleness or pleasure, experiences; in short, all the advantages this should be a permanent object from which arise to both literary and political which his attention should never be long bodies from having the mass of its citi- diverted. In all studious enterprises, (if zens well informed and enlightened. we may be allowed the phrase,) he will
The student of English law is particu- be found to proceed on a very erroneous larly indebted to system and arrange- plan, who thinks to make the extraordiment. He has no longer, indeed, the ho- nary cfforts of to-morrow supply the denour of mining his way through undi- ficiencies of to-day. The mind which gested matter and obscure language, and contemplates with pleasure a short exerdrawing light from sources which ordi- tion of its powers, which, though it rust nary enterprise and industry were insuf- be regularly made, will, it knows, be reficient to explore. He has the elements gularly relieved by the period for relaxaof science exhibited in the comprehen- tion or for rest, is apt to shrink from the sible and methodical commentaries of a long and uninterrupted exertion which Blackstone, and the body of principles, the student often imposes on himself, by maxims, and decisions digested by a way of compensation for past indolence. Cruise or a Bacon, or in the various trea- It will therefore diminish his toil, as tises which modern times have produced, much as it will advance his progress, to on the different topics of the Law. The allot to every day its just labour, and to viginti annorum lucubrationes, if still ne- perform this with all the scrupulosity cessary, are at least less irksome and la- which circumstances will permit. If, borious; and the path of inquiry, with however, accident has deranged his plan, due attention to method, is practicable to or idleness and dissipation have made moderate talent and application.
inroads into the scasons set apart for This method is, indeed, the principal study, we would warn him against the defect of legal education; and for this rea- common mistake of neglecting to employ son, among others, we with pleasure find the fragments of time thus produced, in announced a work so well adapted as the the expectation and design of more mepresent, to remove the fault we complain thodical exertion for the morrow. How of, and at once indicate to students the much might be gained by the studious best sources of knowledge, and the re- occupation of the moments thus idly and gular order in which they are to be con- unprofitably thrown away, is incredible sulted. Innumerable questions must pre- to those who have never calculated the sent themselves to the mind of the law- days, the weeks, and months to which student in the onset, and during the they rapiilly amount. He that would whole course of his career, which either not experience the vain regret of misemhis instructor has not leisure to explain, ployed days, “njust learn, therefore, to or the student himself is too diffident or know the present value of single minutes, too indolent to ask, or finds it difficult to and endeavour to let no particle of time reduce to any precise phraseology. All fall useless to the ground.” Whoerer these embarrassments it is the aim of Pro- pursues a contrary plan will for ever find fessor Hoffman, as far as possible, to ob- something to break that continuity of viate; and in many parts of the manual exertion, in looking forward to which, he which he has presented to the law-stu- solaces himself for his present supineness; dents of the country, we have remarked, and at the expiration of the period allotmoreover, an amiable desire to cheer ted for the completion of his legal apthem in their progress, at once consola- prenticeship, will generally find a mighty tory to the student, and indicative of a waste of time to have proceeded from minute acquaintance with the obstacles the trivial value lie attached to its fragand the despondence peculiar to the se- ments. dentary and the studious. The follow- “The sedentary and the studious have, ing has reminded us forcibly of the doubts indeed, to contend with obstacles pecuand dclays of our legal novitiate, and we liar to themselves. Secluded of necessity, for the larger portion of their time, some imperfect degree) to exhibit in the from the business and bustle of men, their following pages.” (p. 18.) ideas insensibly assume a monotonous With this view he has arranged the character, and, receiving little ventilation Law under thirteen titles, besides the from the current of novelties which re- four which compose a separate division fresh those who are engaged in active of the work, under the denomination of and crowded scenes, are apt to stagnate Auxiliary Subjects: they are as follows: into languor and melancholy. It is little 1. Moral and Political Philosophy. wonderful that intellectual exertion 2. The Elementary and Constitutional should become irksome, when thus ac- Principles of the Municipal Law of companied by despondency; and that England: and herein, the student should find the lapse to indo- 1. Of the Feudal Law, lence and relaxation so easy, and the re- 2. The Institutes of the Municipal turn to his solitary avocations so painful ; Law, generally. a painfulness most generally augmented 3. Of the Origin and Progress of the by a consciousness of the neglect of duty, Common Law. which he is happy to drown in the plea- 3. The Law of Real Rights and Real sure or the bustle of society, rather than Remedies. brood over in the stillness of his study. 4. The Law of Personal Rights and PerInstead of attempting to remedy this sonal Remedies. terdency by total seclusion, it is better to 5. The Law of Equity. indulge it with moderation; and to min. 6. The Lex Mercatoria. gle business and pleasure in those proper 7. The Law of Crimes and Punishments proportions, which will equally prevent 8. The Law of Nations. the fatigue of too much exertion, and the 9. The Maritime and Admiralty Law. satiety of too much enjoyment. Hermits, 10. The Civil
, or Roman Law. whether in religion or in literature, have 11. The Constitution and Laws of thre generally found their scheme of exclusive United States of America. and solitary devotion to a single pursuit, 12. The Constitution and Laws of the to issue in lassitude and in indolence." several states of the Union. (pp. 24, C5, 26.]
13. Political Economy. Our author justly imputes to the want
Auxiliary Subjects. of systematical study, the obscurity and 1. The Geography, and Natural, Civil, difficulty complained of in legal studies : and Political History of the Unitedt Study and research,” says he,“ are not
States. without their attractions; the mere ex- 2. Forensick Eloquence and Oratory. . crtion of mird is productive of pleasure, 3. Legal Biography and Bibliography. when the difficulties are not conceived 4. Professional Deportment. too formidable or too numerous, and the This outline he proceeds to fill up by student does not advance to the investiga- arranging, under their respective divition, hopeless of success, or unfurnished sions, the works of established excellence, with the incans, and ignorant of the often selecting, indeed, the title or the soilrces of information. In short, we con- chapter which he conceives to be especeive, that to an intellect of ordinary ca- cially useful. To nearly every work repacity, the Law, instead of that guise of commended is attached a note, containdifficulty and perplexity in which it for ing either a critique on the production, the most part appears, would assume no some notice of its author, or other missmall degree of interest, and offer no in- cellaneous matter, which the student will considerable gratification, were the stu- find either useful or entertaining: the dent initiated, so to speak, in its geogra- bibliographical information is minute, phy; were he instructed in the nice con- apparently collected with much diligence nexions and dependencies which unite its and correctness, and is a species of knowmany minute divisions, and conduct him ledge which will be found very useful, if naturally and easily from one topic to we may judge from the want we ouranother, instead of being set down in the selves have often experienced of similar first instance in the midst of difficulties of information in some condensed shape like which he has had no previous explana- the present. tion, and of which he knows not whither We have not leisure to follow Mr. H. to apply for a solution. These minute through the various divisions of his work. connexions, this natural order and ar- We are happy to discover in his first title rangement, it was the aim of the author a high eulogium of the 'Ethicks' and 'Poin which he hopes to have succeeded in lities' of Aristotle, and a brief analysis of