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happen to enter into the said countries, territories, and regions thereby granted: And whereas by an Act passed in the session of Parliament held in the 43rd year of the reign of his late Majesty King George the Third, intituled, “ An Act for extending the Jurisdiction of the Courts of Justice in the Provinces of Lower and Upper Canada, to the Trial and Punishment of Persons guilty of Crimes and Offences within certain Parts of North America adjoining to the said Provinces," it was enacted that from or after the passing of that Act all offences committed within any of the Indian territories or parts of America not within the limits of either of the said provinces of Lower and Upper Canada, or of any Civil Government of the United States of America, should be and be deemed to be offences of the same nature, and should be tried in the same manner and subject to the same punishment as if the same had been committed within the Provinces of Upper or Lower Canada, and provisions were contained in the said Act regulating the committal and trial of the offenders :
And whereas, by an Act passe in the session of Parliament holden in the first and second years of the reign of his late Majesty King George the Fourth, intituled, “ An Act for regulating the Fur Trade, and establishing a Criminal and Civil Jurisdiction within certain parts of North America,” after reciting, among other things, that doubts had been entertained whether the provisions of said Act of the 43rd George III. extended to the territories granted by Charter to the said Governor' and Company, and that it was expedient that such doubts should be removed, and that the said Act should be further extended; it was enacted (among other things), that from and after the passing of said last-mentioned Act, it should be lawful for his then Majesty, his heirs and successors, to make grants or give his Royal licence under the hand and seal of one of his Majesty's Principal Secretaries of State to any body corporate or company, or person or persons of or for the exclusive privilege of trading with the Indians in all such parts of North America as should be specified in any of such grants or licences respectively, not being part of the lands or territories theretofore granted to the said Governor and Company of Adventurers of England trading into Hudson's Bay, and not being part of any of his Majesty's provinces in North America, or of any lands or territories belonging to the United States of America, subject to the provisions and restrictions in the said Act mentioned: And it was thereby further enacted, that the said Act of the 43rd George III., and all the clauses and provisoes therein contained, should be deemed and construed, and was and were thereby respectively declared to extend to and over, and to be in full force in and through all the territories theretofore granted to the said Company of Adventurers trading to Hudson's Bay: And whereas by our grant or royal licence bearing date the 13th day of May, 1838, under the hand and seal of one of our then Principal Secretaries of State, we granted and gave our licence to the said Governor and Company and their successors for the exclusive privilege of trading with the Indians in all such parts of North America to the northward and westward of the lands and territories belonging to the United States of America as should not form part of any of our provinces in North America, or of any lands or territories belonging to the United States of America, or to any European Government, State or Power, subject nevertheless as therein mentioned : And we did thereby give and grant and secure to the said Governor and Company, and their successors, the sole and exclusive privilege
for the full period of twenty-one years from the date thereof, of trading with the Indians in all such parts of North America as aforesaid, except as therein mentioned, at the rent therein reserved, and upon the terms and subject to the qualification and power of revocation therein contained: And whereas by a treaty between ourselves and the United States of America, for the settlement of the Oregon boundary, signed at Washington on the 15th day of June, 1846, it was agreed upon and concluded (amongst other things) as follows: That from the point of the 49th parallel of north latitude, where the boundary laid down in existing treaties and conventions between Great Britain and the said United States, terminated the line of boundary between our territories and those of the said United States, should be continued westward along the said parallel of north latitude to the middle of the channel which separates the Continent from Vancouver's Island, and thence southerly through the middle of the said channel and of De Fuca's Straits to the Pacific Ocean : Provided, however, that the navigation of the whole of the said channel and straits south of the 49th parallel of north latitude should remain free and open to both parties : And whereas certain of our lands and territories in North America lie to the westward and also to the northward of the territory granted to the said Governor and Company by the hereinbefore recited grant or letters patent of his said late Majesty King Charles the Second, and which is, pursuant to the direction in that behalf contained in such grant or letters patent, called or known as Rupert's Land, and to the eastward of the territories the boundary line of which is defined by the hereinbefore recited treaty with the United States of North America: And whereas under the said last-mentioned grant or letters patent, and also under our herein before recited grant or licence of the 13th day of May, 1838, the said Governor and Company have traded as well within as beyond the limits of the lands and territories granted to them by the said grant or letters patent of his said late Majesty King Charles the Second, and have in connection with and for the protection of their trade beyond the said limits, been in the habit of erecting forts and other isolated establishments without the said limits, and some of such forts and establishments of the said Governor and Company are now existing in that part of our said territories in North America, including Vancouver's Island, the boundary line between wbich and the territories of the said United States is determined by the hereinbefore recited treaty between ourselves and the said United States : And whereas it would conduce greatly to the maintenance of peace, justice, and good order, and the advancement of colonization and the promotion and encouragement of trade and commerce in, and also to the protection and welfare of the native Indians residing within that portion of our territories in North America called Vancouver's Island, if such Island were colonized by settlers from the British dominions, and if the property in the land of such island were vested for the purpose of such colonization in the said Governor and Company of Adventurers of England trading into Hudson's Bay; but nevertheless, upon condition that the said Governor and Company should form on the said island a settlement or settlements, as hereinafter mentioned, for the purpose of colonizing the said island, and also should defray the entire expense of any civil and military establishments which may be required for the protection and government of such settlement or settlements (except, nevertheless, during the time of hostilities between Great Britian and any foreign
European or American power): Now KNOW YE, that WE, being moved by the reasons before mentioned, do by these presents, for us, our heirs and successors, give, grant, and confirm unto the said Governor and Company of Adventurers of England trading into Hudson's Bay, and their successors, all that the said island called Vancouver's Island, with the fishing of all sorts of fish in the seas, bays, inlets and rivers within or surrounding the same, together with all royalties of the seas upon the coasts within the limits aforesaid, and all mines royal thereto belonging : AND FURTHER WE DO, by these presents, for us, our heirs and successors, make, create, and constitute, the said Governor and Company for the time being, and their successors, the true and absolute lords and proprietors of the same territories, limits and places, and of all other the premises (saving always the faith, allegiance, and sovereign dominion due to us, our heirs and successors for the same), to have, hold, possess and enjoy the said territory, limits, and places, and all and singular other the premises hereby granted as aforesaid, with their and every of their rights, members, royalties, and appurtenances whatsoever to them, the said Governor and Company, and their successors for ever, to be holden of us, our heirs and successors, in free and common soccage, at the yearly rent of 7s., payable to us and our successors for ever, on the 1st day of January in every year: Provided always, and we declare, That this present grant is made to the intent that the said Governor and Company shall establish upon the said island a settlement or settlements of resident colonists, emigrants from our United Kingdom of Great Britain and Ireland, or from other our dominions, and shall dispose of the land there as may be necessary for the purpose of promoting settlements (and for the actual purpose of pro. moting settlements), and for the actual purposes of colonization, and shall, once every two years at the least, certify under the seal of the said Governor and Company, to one of our Principal Secretaries of State, what colonists shall have been from time to time settled in the said island, and what land shall have been disposed of as aforesaid : And we further declare, that this present grant is made upon this condition, that if the said Governor and Company shall not, within the term of five years from the date of these presents, have established upon the said island a settlement of resident colonists, emigrants from the United Kingdom of Great Britain and Ireland, or from other our dominions, and it shall at any time, after the expiration of such term of five years, be certified to us, our heirs or successors, by any person who shall be appointed by us, our heirs, or successors, to inquire into the condition of such island, that such settlement has not been established according to the intent of this our grant, it shall be lawful for us, our heirs and successors, to revoke this present grant, and to enter upon and resume the said island and premises hereby granted, without prejudice, nevertheless, to such dispositions as may have been made in the mean time by the said Governor and Company of any land in the said island for the actual purposes of colonization and settlement, and as shall have been certified as aforesaid to one of our principal Secretaries of State : And we hereby declare, that this present grant is and shall be deemed and taken to be made upon this further condition, that we, our heirs and successors, shall have, and we accordingly reserve unto us and them, full power, at the expiration of the said Governor and Company's grant or licence of or for the exclusive privilege of trading with the Indians, to repurchase and take of and from the said
Governor and Company the said Vancouver's Island and premises hereby granted, in consideration of payment being made by us, our heirs or successors, to the said Governor and Company of the sum or sums of money theretofore laid out and expended by them in and upon the said island and premises, and of the value of their establishments, property, and effects then being thereon. In witness whereof, we have caused these our letters to be made patent. Witness Ourselves at Westminster the in the
year of our reign.
[This is the Draft Charter, as laid before Parliament on 10th August, 1848. It provides that a settlement must be established before the lapse of five years, otherwise the present grant will be revoked. It also empowers the Crown, on the expiration of the existing trading licence over certain territories not included in the Charter of 2nd May, 1670, or belonging to the Iludson's Bay Company, namely in 1860—to repurchase Vancouver's Island from the Company. Since this Draft Charter was laid before Parliament, it is understood that several additions have been made to it by Earl Grey and the Privy Council, and concurred in by the Hudson's Bay Company.]
STATE OF THE RED RIVER SETTLEMENT IN JULY AND AUGUST 1848.
Copy of a Letter from the Rev. Wm. COCKRAN, of the Church of England, to BENJAMIN
Harrison, Esq., one of the Directors of the Hudson's Bay Company.
• PARSONAGE, July 26, 1848.
• MY DEAR SIR,
. I have not had the pleasure of receiving a letter from you since my arrival in Red River last August. I sincerely hope you are enjoying good health, and that it has been your various duties, and not indisposition, which have prevented you writing by the spring express. Judging from your long connection with the Hudson's Bay Company, and the deep interest which you have always taken in promoting the advancement of civilization and Christianity, a letter from me might be acceptable, on this account I take the liberty of intruding on your valuable time. It gives me pleasure to be able to state that the crops of 1847, though scanty, yielded sufficient to afford a limited supply of bread, and, with the prudent management which was exercised, there was seed remaining in the spring to sow fully two-thirds of the
lands under cultivation. The first part of the season was favourable; we had abundance of rain ; and during the whole of June, the crops of all kinds looked luxuriant. July commenced with dry, scorching weather, which continued till the 17th of the month. During this period, all the grain sown on the sandy points of the river, was dried at the roots, and the ears strangled in the shot belly. The wheat and barley, also, on the dark soil with clay bottom, began to sicken. Fortunately for us, since the 17th, the weather has changed; many refreshing showers have fallen; these have cooled the air, moistened the earth, and made all the crops on dark soils assume a healthy appearance. Should God mercifully continue the same temperate moist weather for a fortnight, we shall have the prospect of abundance for the ensuing year.
* Good health has prevailed throughout the settlement during the whole of the past year. In the Upper District, the deaths have been 14, whereas the births about 60. The attendance at public worship in the Upper Church averages 400, the communicants 150. The whole population conform their external deportment to the word of God. There are no habitual drunkards; no Sabbath-breakers; no profane persons, who take the name of God in vain; no illegitimate children; no turbulent seditious characters ; no vagrants who endeavour to spunge a living out of their more industrious brethren: all have such a respect for their characters, as steadily to pursue their duties; and many of them are deeply influenced by the fear and love of God, and are endeavouring, through his grace, to live sober, righteous, and pious lives. On the arrival of the troops, the turbulent disaffected characters saw that they could no longer gain anything by intimidation; they silently settled down, till they found it convenient to sneak across the line, and establish on the American territory. This is present advantage; but should there be war between the United States and England, they are, of course, ready to re-cross the line to plunder us. Belcour, the Romish priest, has returned, and established himself among them, and he occasionally comes over to the White Horse Plains, and delivers his inflammatory speeches. Last week he facilitated the departure of two British soldiers, who had deserted from the barracks, Upper Fort, by furnishing them with provisions and directing them in the route.
• We deeply regret the withdrawing of the 6th Royals; they have been of great service in restoring peace, and they have created a market for country produce, and have encouraged industry. We hope the corps on route may be equally serviceable.
• With kind regards and sincere wishes for your health and happiness,
'I am, my dear Sir,
• Yours truly,
BENJ. IIARRISON, Esq., &c. &c.'