the name of "The North-west Company of Montreal," had respectively extended the fur trade over many parts of North America which had not been before explored, and that the competition in the said trade had been found, for some years then past, to be productive of great inconvenience and loss, not only to the said Company and Associations, but to the said trade in general, and also of great injury to the native Indians and of other persons His said Majesty's subjects; and that the said Governor and Company of Adventurers trading to Hudson's Bay; and William M'Gillivray of Montreal, in the Province of Lower Canada, Esq.; Simon M,Gillivray, of Suffolk-lane, in the city of London, merchant; and Edward Ellice, of Spring-gardens, in the county of Middlesex, Esq.; had represented to His said Majesty that they had entered into an agreement, on the 26th day of March last, for putting an end to the said competition, and carrying on the said trade for 21 years, commencing with the outfit of 1821, and ending with the returns of the outfit of 1841, to be carried on in the name of the said Governor and Company exclusively, and that the said Governor and Company, and William M'Gillivray, Simon M-Gillivray, and Edward Ellice, had humbly besought His said late Majesty to make a grant and give his Royal license to them jointly of and for the exclusive privilege of trading with the Indians in North America, under the restrictions and upon the terms and conditions specified in the said recited Act: His said late Majesty, being desirous of encouraging the said trade, and remedying the evils which had arisen from the competition which had theretofore existed therein, did give and grant his Royal license, under the hand and seal of one of his Principal Secretaries of State, to the said Governor and Company, and William M Gillivray, Simon M'Gillivray, and Edward Ellice, for the exclusive privilege of trading with the Indians in all such parts of North America to the northward and to the westward of the said lands and territories belonging to the United States of America, as should not form part of any of His said Majesty's Provinces in North America, or of any lands or territories belonging to the said United States of America, or to any European Government, State or Power; and His said late Majesty did also give and grant and secure to the said Governor and Company, and William M'Gillivray, Simon M'Gillivray, and Edward Ellice, the sole and exclusive privilege, for the full period of 21 years from the date of that grant, of trading with the Indians in all such parts of North America as aforesaid (except as thereinafter excepted), and did thereby declare that no rent should be required or demanded for or in respect of that grant and license, or any privileges given thereby for the said period of 21 years, but that the said Governor and Company of Adventurers trading to Hudson's Bay, and the said William M'Gillivray, Simon M'Gillivray, and Edward Ellice, should, during the period of that grant and license, keep accurate registers of all persons in their employ in any parts of North America, and should once in each year return to His said Majesty's Secretary of State accurate duplicates of such registers, and enter into and give security to His said Majesty, his heirs and successors, in the penal sum of 50007. for ensuring, as far as in them might lay, or as they could by their authority over the servants and persons in their employ, the due execution of all criminal processes, and of every civil process in any suit where the matter in dispute shall exceed 2007., by the officers and persons legally empowered to execute such processes within all the territories included in that grant, and for the producing or delivering into custody for purposes of trial all persons in their employ, or acting under their authority within the said territories, who should be charged with any criminal offence; and His said Majesty did thereby require that the said Governor and Company, and William M-Gillivray, Simon M'Gillivray, and Edward Ellice, should, as soon as the same could be conveniently done, make and submit for His said Majesty's consideration and approval, such rules and regulations for the management and carrying on of the said fur trade with the Indians, and the conduct of the persons employed by them therein, as might appear to His said Majesty to be effectual for diminishing or preventing the sale or distribution of spirituous liquors to the Indians, and for promoting their moral and religious improvement; and His said Majesty did thereby declare, that nothing in that grant contained should be deemed or construed to authorize the said Governor and Company, and William McGillivray, Simon M'Gillivray and Edward Ellice, or any persons in their employ, to claim or exercise any trade with the Indians on the north-west coast of America to the westward of the Stony Mountains, to the prejudice or exclusion of any citizens of the United States of America who might be engaged in the said trade; and providing also by the now reciting grant, that no British subjects other than and except the said Governor and Company, and the said William M'Gillivray, Simon M'Gillivray, and Edward Ellice, and the persons authorized to carry on exclusive trade by them on grant, should trade with the Indians within such limits during the period of that grant: And whereas the said Governor and Company have acquired to themselves all the rights and interests of the said William M'Gillivray, Simon McGillivray, and Edward Ellice, under the said recited grant, and the said Governor and Company having humbly besought us to accept a surrender of the said grant, and in consideration thereof to make a grant to them, and give to them our Royal license and authority of and for the like exclusive privilege of trading with the Indians in North America, for the like period and upon similar terms and conditions to those specified and referred to in the said recited grant; now know ye, that in consideration of the surrender made to us of the said recited grant, and being desirous of encouraging the said trade, and of preventing as much as possible a recurrence of the evils mentioned or referred to in the said recited grant; as also in consideration of the yearly rent hereinafter reserved to us, we do hereby grant and give our license, under the hand and seal of one of our Principal Secretaries of State, 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 to the westward of the lands and territories belonging to the United States of America, as shall not form part of any of our provinces in North America, or of any lands or territories belonging to the said United States of America, or to any European Government, State or Power, but subject nevertheless as hereinafter mentioned: and we do by these presents give, grant and secure to the said Governor and Company, and their successors, the sole and exclusive privilege, for the full period of 21 years from the date of this our grant, of trading with the Indians in all such parts of North America as aforesaid (except as hereinafter mentioned): and we do hereby declare, that no rent shall be required or demanded for or in respect of this our grant and license, or any privileges given thereby, for the first 4 years of the said term of 21 years; and we do hereby reserve to ourselves, our heirs and successors, for the remainder of the said term of 21 years, the yearly rent or sum of 5s. to be paid by the said Governor and Company, or their successors, on the 1st day of June in every year, into our exchequer, on the account of us, our heirs and successors; and we do hereby declare, that the said Governor and Company, and their successors, shall, during the period of this our grant and license, keep accurate registers of all persons in their employ in any parts of North America, and shall once in each year return to our Secretary of State accurate duplicates of such registers; and shall also enter into and give security to us, our heirs and successors, in the penal sum of 5000l., for ensuring, as far as in them may lie, or as they can by their authority over the servants and persons in their employ, the due execution of all criminal and civil processes by the officers and persons legally empowered to execute such processes within all the territories included in this our grant, and for the producing or delivering into custody for the purposes of trial all persons in their employ or acting under their authority within the said territories who shall be charged with any criminal offence: and we do also hereby require, that the said Governor and Company, and their successors, shall, as soon as the same can be conveniently done, make and submit for our consideration and approval such rules and regulations for the management and carrying on the said fur trade with the Indians, and the conduct of the persons employed by them therein, as may appear to us to be effectual for diminishing or preventing the sale or distribu tion of spirituous liquors to the Indians, and for promoting their moral and religious improvement: but we do hereby declare, that nothing in this our grant contained shall be deemed or construed to authorize the said Governor and Company, or their successors, or any persons in their employ, to claim or exercise any trade with the Indians on the north-west coast of America to the westward of the Stony Moun. tains, to the prejudice or exclusion of any of the subjects of any foreign States, who, under or by force of any Convention for the time being between us and such foreign states respectively, may be entitled to and shall be engaged in the said trade: provided nevertheless, and we do hereby declare our pleasure to be, that nothing herein contained shall extend or be construed to prevent the establishment by us, our heirs or successors, within the territories aforesaid, or any of them, of any colony or colonies, province or provinces, or for annexing any part of the aforesaid territories to any existing colony or colonies to us, in right of our Imperial Crown, belonging, or for constituting any such form of civil government as to us may seem meet, within any such colony or colonies, province or provinces: And we do hereby reserve to us, our heirs and successors, full power and authority to revoke these presents, or any part thereof, in so far as the same may embrace or extend to any of the territories aforesaid, which may hereafter be comprised within any colony or colonies, province or provinces as aforesaid: It being nevertheless hereby declared, that no British subjects other than and except the said Governor and Company, and their successors, and the persons authorized to carry on exclusive trade by them, shall trade with the Indians during the period of this our grant within the limits aforesaid, or within that part thereof which shall not be comprised within any such colony or province as aforesaid. Given at our Court at Buckingham Palace, 30th day of May, 1838. By Her Majesty's command, GLENELG. 1383 INDEX. A. ABAQUA. ZOOLOO. Treaty with Great Britain. Friendship. Page Cape Town, 3rd March, 1836. 1015 ..........(do.)........ Suppression of the Slave Trade. 2nd July, 1821. 1120 24th August, 1843. 888 ........(do.)......... Reduction of Duties upon Books and Engravings.... 6th August, 1844. 680 .........(do.)........ Import Duties on Sugar. AFRICA, SOUTH. TREATIES, &c., between GREAT BRITAIN and NATIVE, STATES and CHIEFS, 1834-1844, viz.: with Abaqua Zooloo. Treaty. Friendship. Cape Town, 3rd March, 1836. 1015 Amacaleka. Treaty. Friendship. Fort Beaufort, 7th October, Butterworth Residency, 4th November, 1844. 1080 Amaponda. Treaty. Peace. Friendship. Fort Beaufort, 7th October, Ammakwane. Supplementary Treaty. Alliance. 1844. 1083 Fort Peddie, 19th June, 1838. 1050 Basutos. Treaty. Peace. Friendship. Cape Town, 5th October, 1845. 1078 |
