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Les cartes, planches, tableaux, etc., peuvent Atre filmAs A des taux de reduction diffArents. Lorsque le document est trop grand pour Atre isprodui: en un seul cliche, il est film* A partir de I'angle supArieur gauche, de gauche A droite. et de haut en bas. en prenant le nombre d'images nAcessaire. Les diagrammes suivants illustrent la mAthode. 1 2 3 1 2 3 4 5 6 3oUv.^ \^cS.k^ FOSTSCMFT TO THE STATEMENT &KSPECTIMC THE EARL OF SELKIRK'S SETTLEMENT tTPON TH« RED RiVEil, IN NORTH AMERICA. At the time when this Publication appeared in England, the Author could have no positive informa- tion on the subject of Mr. Daniel M^Kenzie's pro- ceedings at Fort William ; yet in the Narrative of the North- West Company itself, he has found sufficient materials to prove the falsity of their representations on this head, and has exposed such a tissue of inc6n- sistcncies, that any I'cader, who will take the trouble to follow his argument with attention, can hardly require a further refutation. But such a daring at- tempt to impose on the crfcdulity of the public, de- serves some further animadversion. — At the time it vvas brtrtJght forth, the North-West Company knew that Lord Selkirk was shut up by the ice of Lake Superior, and cut off from all communication with the civilized world. They knew that for several months at least, ho could have no opportunity of replying to any misrepresentation, which they might chuse to I: (% :^ n t %^ -f 196 venture upon. Tliey well knew that, according to Swift's observation, a political lie raay often serve its purpose, though it should have currency only for a week. Having long experienced the utility even of these ephemeral fabrications, they could not be ex- pected to lose an opportunity of declaiming for a whole season, without any chance of contradiction. The small remnant of truth, which in ordinary cir- cumstances, they find it useful to mix up in their fab- rications, might now be spared ; and with the help of this extraordinary advantage, a story has been brought forth, which has not the slightest resem- blance to the real fact. On Mr. Daniel M'Kenzie's first examination, con- cerning the part which he had taken in the transac- tions at Red River, his answers were extremely con- tradictory to one another, and his behaviour such as to amount to a contempt. He might have declined to answer at all ; but since he chose to give an ac- count of his proceedings, Lord Selkirk thought that he might at least expect consistency. Mr. M'Ken- zie was immediately after directed to be removed from the apartment that he occupied, to a building which had been commonly used as a prison by the North-West Company, and put into a room, which had been recently occupied by Mr. John Bourke. — It was not to be presumed, that a partner of that Company, would complain of this as a place of con- finement, since the North-West Company themselves considered it as suitable for gentlemen in custody, having detained Mr. Bourke in the same place, for > 'I 1 yt ^ ^0fm , > m» ^' m. I *- «r. ^.-;^' T rmm ■'•'"^^^■Wl" i 1 i 197 Ecvcral wcoks. Mr. M'Kenzie, liowever, remained there only Ibrty eight hours, before he was allowed to rc^rn to his former apartment. During the whole period of his stay at Fort William, there was not another instance, of any thing in the smallest degree approaching to severity, and even during the short period of this confinement, his own family had free access to him. After Mr. M'Kenzie had been allowed to return to his former apartment, he expressed his conscious- ness, that he had been led into errors; declaring at the same time, that ho had not been actuated by ma- licious motives, but had acted under the directions of the Montreal Ajjents, whose influence he had not power to withstand. He also expressed his readi- ness to give information, as to all circumstances which had fallen under his observation. In relating these however, he made many digressions into particulars of no moment, so that much time seemed to be re- quisite, in order to arrive at the information, which he could give. The time which this would have consumed, was of consequence, being otherwise much occupied; and it was suggested by Mr. M'Kenzie liimself, that if he took leisure, to recal deliberately to his memory, the different occasions at which he had been present, he might recollect many particu- lars, which did not occur to him at the moment : he proposed therefore to retire to his own apartment, and there occasionally to write dovi^n the circumstan- ces as they should occur to his recollection. Ac- cordingly his further examination was deferred to a ■' /' f f (1 ; 4 r i ^np" 198 future d&y: and in the intermediate time he made a number of detached memoranda of circumstances, ivhich he recollected. During this time Mr. M'Ken- 2ie associated with the gentlemen who had accom- panied Lord Selkirk, particularly M'ith Mr. Miles Macdonell, whose society he appeared to prefer, and he frequently sought conversations with him on the subject of his evidence, communicating the memoran- da he had made, and asking his opinion concerning the narrative and the style. — Mr. M'Kenzie appear- ed occasionally weary with writing, probably from want of habit, and sometimes requested Mr. Mac- donell to write from )iis dictation^ which the latter (certainly not suspecting that Mr. M'Kenzie would afterwards represent the compliance as an injury,) readily agreed lo. After these memoranda had been communicated to Lord Selkirk, Mr. M'Kenzie was requested to put them together, so as to be preserv- ed in an authentic shape. In this task Mr. Macdon- ell assisted him, by arranging the diiferent para- graphs in the order of time, the only point in which he went beyond the province of a mere amanuensis. The following is the tenor of the letter, which Mr. M'Kenzie addressed to Lord Selkirk, stating the evidence which he could give : — > ■ ' •• Fort William, on Lake Superxozi, " September 3d, 1816. " My Lord, " I AM willing to give your Lordship all the informa- " tion which I possess of (he aflfairs of the Norlh-West Company for " these two or three jears back, more particularly as far as they re- "^, ^ J99 ■■>~\1 jate to Red River Settlement. My memory is none of the be:st, but as far as these matterH occur to me at present, I shall endea ' vour to relate them in their due order. " The partners are not consulted on all occasions, I mean my- self in particular. The late 3Ir. Duncan M'Gillivrny gave away twenty-five pieces of nrovision.s and liquor to the people, at the time this place was named Tort William, in honor of his brother. I paid my share of this as \ye\\ others; and I heard Mr. Ogiivy, who was then our Store-keeper, find fault with such a thing hav- ing been done. I knew nothing of the transaction till I saw the pieces placed before the gallery for delivery. " In summer of 1813, the late Mr. John Wills brought to Fort William a deserter from Red River Settlement, of the name of Walsh : — the question was whether to keep or send him back.— I heard Mr. William M'Gillivray, while walking on the gallery, find much fault with Wills for bringing him, on the principle that the Colony ought to be disorganized on a more general scale ; to cover which intention it was thought most prudent to send back the deserter. " In summer of 1814, afier our Pemican had been seized by or- der of Captain Miles Macdonell, Mr. William M'Gillivray ordered a considerable present of provisions and liquor to be given to the people who were licre from Red River : — I knew nothing of it till I heard him deliver a harangue to them from the gallery ; all of which 1 recollect is, his dwelling on the unjust proceedings that had taken place at Red River, and finding much fault with the conduct of La Vigne on the occasion. This was done at a time when the greatest management and (economy was required ; the Americans having the preceding fall, captured or destroyed the British Fleet on Lake Erie ; and had then the sole command on the upper Lakes. "That same summer I was in the Council House, where the partners are accustomed to meet in the evening : it was proposed by Mr. John M'Donald, brother-in-law to Mr. William M'Gilli- vray, that a present of the amount of sixty pounds or upwards should be sent to Mrs. M'Lean, as she was friendly and wished well to the North- West Company. I objected to this proposal. m • „•< I .%! t( u <( (t <( <( C( (( «( <( t( (( ; (C ti u (C « <« , *' wlio Fiad been wounded in the affair of the 1 9th June, was proba- *' bly dead before llicn. ' So much the better,' said Mr. M'Leod, the more of llicnithat are killed, the more they (the llalf-breeds,) will be exasperated.' Mr. Keith was present, going in witlj " M'Lcod. " I met Mr. Alexander M'Donell, early in August, at the rapids *' thi.s side of the Mountain Portage : he there told me, that there •' was a large order at Fort William, from the Half-breeds, for goods *' and equipments ; thai they were already made up and were to ■" be sent in. " After my arrival here from the interior, Mr. M'Gillivray told " me, on the gallery, that there were, I think he said, either twelve ■*' or thirteen loaded canoes to be ."^ent to Red River, and that the '" returns would not pay for five of them ; however, said he, that i"; " not the (juestion. These canoes would have gone off long before «« your Lordship's arrival, but that there were not men to take them. " I saw in a cupboard in the Council House, some letters taken " from Lagimoniere ; they were open, and I read one from Mr. " Fillet to Colin Robertson, and Warrants in Mr. Stuart's hand wri- " ting, signed Selhirk, against Pangman, (Bostonois,) Cnthbert " Grant, William Shaw, &.c. I have no doubt that the packet Lagi- *' monierc had, was brou;;ht to Fort William before I went to Red " River ; bat I did not see any of the letters till my return. — A few " days before your Lordship appeared here, Mr. M'Gillivray asked *' me repeatedly to go to Red River for the winter, and that Mr. " Hugh M'Gillis would avail him-^elfof his rotation, to go to see his " friends below : this proposal I declined. " After our arrest, I went to visit Mr. Wriliam M'Gillivray in his *' room, to consult with him, if I .should tell your Lordship, on my " examination, that there were yet nine or ten men with Mr. John " M'Kay, trading for the Hndson Bay Company, at Qui Appelle Ri- " ver, — that Cuthbert Grant told me, when at Red Rrver, that he " would go and bring them away, hut that, at my desire, he pro- " mised not to molest them. Mr, M'Gillivray charged me not to men- " tion any thing to your Lordship about this, as otherwise it would « shew, that the Morth-Wcst Company have a control over the " Half-br€ev.U. f k i li % 205 I '-< I was always suspected of having had a wish to join the Colony on lied River; and since the arrest of myself, and the other gen- tlemen, I have been suspected of turning iiiformnr. Mr. Kenneth M'Kenzie, either on the day belore, or that of his nd du Lac. " I have the honor to be, " My Lord, " Your Lordrhip's most obedient, " And most Ilumblo Servant, (Signed) •' DANIEL M'KENZIE. To the H'/ght Hwwrahle '■' The Earl of Selkirk.'' This letter, being written in pursuance of Mr. M'Kcnzie's exaraination upon oatfi, was considered as a continuation of it, and though Lord Selkirk o- rnittcd to take his oath again upon the letter, and to attest it as a deposition, (an error into which he was led by a doubt as to the proper and legal mode of proceeding, and the want of books to refer to,) no doubt was entertained of Mr. M'lVenzic's sincerity, BO far as the declaration went. The circumstances (some of them indeed trivia!,) had come out with a simplicity, very unlike the manner of a man who had made up a fabric ited story. — The consistency and probability of the facts related, carry an air of truth, which Mr. M'Kenzie's subsequent tergiversation can- not take awav : and an attentive reader can hard- i ii h i —•*0» 206 f 1/ ]y fail to remark, that if the fact had been, as sta- led in the Narrative of the North-West Company, if Mr. M'Kenzie had been urged to relate occur- rences, that were not consistent with his own know- ledge, several of the statements might by a very small alteration, have been rendered much more conclusive as legal evidence. — If Lord Selkirk and bis friends, had been disposed to act in the unprin- cipled manner, which is represented in the North- West Company's Narrative, is it likely that they would have stopped short of their object.'' — That Lord Selkirk was sincerely persuaded of the truth of Mr. M'Kenzie's declaration, is evident, from the very circumstance of his urging him to go to Mon-: Ireal as a witness, which Mr. M-Kenzie himself was averse to, — He repeatedly expressed his desire to go into the interior along ^i ith Captain D'Orsonnens, who was then about to set out for Red River, and urged as an induceiticnt for Lord Selkirk to accept of this offer, that by his influence with the Half- breeds, he could render important services. If in- stead of a fair examination, Mr. M'Kenzie had been induced while " in a constant state of intoxication," or under an impression that his " life was in danger," to write " whatever letters, or other papers, were ^^ dictated to him," is it to be supposed, that he would have been immediately sent off as a witness to Montreal .'* — In what manner Mr. M'Kenzie was induced to retract what he had said and done, may be gathered from the subjoined affidavit of his fel- low traveller Mr. Pritchard. ^ iwr^i mmmmmBm ii ?? 207 Some time after Mr. M'Keiizic had been set at liberty, he expressed, in conversation with Mr. Miles Macdonell, his anxiety respecting some pecuniary obligations, whicli he had come under, for the pur- chase of the provisions at Michiliimakinac, which (as mentioned in his letters,) had been bought up by order of Mr. M'GilHvray for the purpose of distres- fjing and icopeding the progress of Lord Selkirk and his settlors, towards Red River. Mr. Macdonell ob- served, tliat Lord Selkirk would be glad to buy these provisions. The question then occurred, howr far Mr. M'Kenzic had a right to sell them j on which Mr. Macdonell observed, that since he had bought them, he must assuredly have a right to sell them again. This led to further discussions, as to the powers which one partner might exercise over the property of the partnership ; and Mr. M'Kenzie ex- pressed his inclination to sell the whole of the Com- pany's property at Fort William, as it would be more advantageous to the concern at large, to secure the value of this property by a reasonable agree- ment with Lord Selkirk, than to let it fall into the hands of the Montreal Agents, by whom it was like- ly to be misapplied. He explained that the Mon- treal Agents had such preponderating influence, as to bear down all opposition in the Councils of the Company, and to rule the partnership with despotic sway ; yet, that in fact, they constituted a separate concern, and had very diflcrcnt interests from the wintering partners, who were the genuine partners of the North-West Company. He represented the '.\ in f i t -•T*-** .i « I, Lis N \ i: u II 208 conduct of tlic Montreal Af?ei»ts, as having b^-en lui a long time past, very unfair, and even fraudulent ; always sacriiicing the cuiniiion interest to pioniotc their own separate advantage ; and he expressed his opinion that these Agents, in order to cover them- selves from the consequences of their actions, would throw away, upon law proceedings and bribery, a great deal of the property of the wintering partners, which it was better to secure for the benefit of those, who were not implicated in their crimes. From these views Mr. M'Kenzie proposed a sale of all tlie property of the North-fWest Company at Fort William, to which Lord Selkirk agreed, but on condition, that it should be accompanied by a refer- ence to Arbiters, of all civil claims for damage on either side. After a good deal of discussion an ar- rangement was concluded, upon principles so evi- dently fair and equitable, that it is only by suppress- ing the truth, and misrepresenting the nature of the transaction, that any plausibility could have been given to the allegation, that it was extorted from Mr. M'Kenzie, by unfair means. In order to shew the real state of the case, full copies of the deeds are subjoined. Stripping them of their technical phra- seology, they amount to this : — That an Arbitration was to be entered into, for an investigation and set- tlement of id) damages on either side ;— Lord Selkirk agreeing to make compensation to the North- West Company, for all pecuniary damages, occasioned to them by any wrongful acts of his agents, servants, or adherents, whether by his own order or not : — i i Wi E> 1- I ^w I 209 Mr. M'KenzIc on the other }jancl, in the name of the North- West Company, agreeing, in hke manner, t© make compensation far the damages occasioned to Lord Selkirk, or Iiis settlers, by any wrongful acts of the partner's clerks, servants, or adherents of the Company, whether by their order or not. — In order to ensure that the Arbiters should be men of perfect impartiality, as well as of adequate talents and cha- racter, the nomination was to be left to the two Chief Justices of England. — It was agreed at the same time, that the goods and moveable property of every description, at Fort William, should be sold to Lord Selkirk, at the prices at which they were found \alued in the Inventories of the Company ; with the exception of the furs, that were packed up ready for exportation, which were to be consigned to the Ar- biters, and the proceeds of their sale to be held by them in trust, till their investigations should be con- cluded. It was on the other hand agreed, that Lord Selkirk should convey to the Arbiters, an estate of equal value, so that they should have adequate funds in their hands, to pay the amount of their a- ward to whichever side it might be found due. — As a further measure to establish and give effect to these arrangements, the furs were transferred to Lord Selkirk, by the tbrfti of a sale, for a nominal price; but under a condition that the sale was to be of no clfect, if the other partners should not obstruct the consignment of the furs to the Arbiters. Mr. M'Kenzie was sensible that this arrangrracnl would not prove agreeable to the Moiilreal Ag"?itr-. ► iCV-C.-j*::;:.. r. Ml 210 as it interfered not tnly with their cmoluhicnls, but a!« 60 with their influence and power, over the rest of the concern, which could not be kept up unless tlicy had in their own hands all the property of the wintering partners; but he observed, and witli great appear- ance of reason, that he was under no obligation to consult the interests of the Montreal Agents, when they were at variance with those of the principals of the concern, with whom alone he was in partnership. In securing the value of the property in question, he maintained, that he had served the interests of his partners. Such was undoubtedly the view of the matter, which Mr. M'Kenzie entertained, when he left Fort William ; but on his voyage towards Mon- treal, he was met on Lake Huron, by several of his partners, who had been liberated on bail, and were then on their way, with one hundred and fifty Iro- quois in arms, to retake Fort William, avowing their intention to recover possession by fair means or foul, by legal pretexts, or open violence, full of boasts of the feats they were to atchicve, and the vengeance they were to take on all their enemies, declaring that if Lord Selkirk was not killed in the assault, he should be brought down in irons, and perhaps with the view of giving him in custody to some per- son as faithful and trusty as Reinhart, or Mainville. By these gentlemen Mr. M'Kenzle was taken, from the canoe in which he was proceeding, and being once in the hands of persons who understood how to play upon all his weaknesses, he was soon persuad- ed, that the Montreal Agents had succeeded in ob- I ■.^man'-.Li iiWHaPM 211 1 taining Irom Government complete absolution and a plenary indulgence, for all crimes committed, or to be committed, and that their despotism was re- established more amply than ever; so that in dread of their vengeance he was glad to purchase his peace, by signing or swearing any thing they chose to dic- tate. It was certainly wrong in Lord Selkirk, to enter into any transaction whatever, with such a man, or in circumstances that led to so great a probability of misrepresentation ; but it is not to be supposed that if he had avoided this step, his conduct would have been less severely censured. — The talents of his ad- versarlfes at misrepresentation, are not to be disarm- ed, by any human degree of prudence : where a blot cannot be found, one may always be invented ; and among their dependants they have no difficulty in finding men, to whom the most enormous perjury will cost no effort. Montreal, May, 1818. ■^ I'om JRcfcrerice to Arhiters. Whereap, divers disputes and controversies, have arisen Ijetween the Right Honorable Thomas, Earl of Selkirk, on the one part, anct the Honorable William M'Gillivray, Roderick M'Kenzie, Angus Shaw, Daniel M'Kenzie, John M'Donakl, Archibald Norman M'Leod, Alexander M'Dougall, Duncan Cameron, James Hughes, Hugh M'Gillis, John M'Gillivray, James M'Kenzie, Simon Fraser, John Dimcan Campbell, David Thompson, John Thompson, Alexan- der Fraser, Eneas Cameron, Sir Alexander M'Kenzie, Thomas o 1/ I' 1 1! ■I 212 Forsyll), Ibe Honorable John Richaidson, John Forsyth, Edward EI- lice, John Inglis, John Inglis, junior, James lorsyfth, the Honorable John Mure, Pierre llocheblave, Alexander M'Keuzie, John M'Uo- nald, John Haldane, Thomas Thain, Robert Henry, James Leitb, Archibald M'Lellan, Ronald Cameron, John George M'Tavish, James Grant, John M'Laughlin, John Dougal Cameron, Alexander Stewart, John Stewart, Angus Belbune, Alexander M'Donell, James Keilh, George Keith, Thomas M'Murray, Allan M'Donell, John M'Bean, Donald M'Intosh, and others, Merchants, trading under the firm of the North-West Company, on the other part ; and Whereas, it isaliedged on the one band, that the partners, clerks, and servants of the said Company, have been guilty of various illegal aggressions, trespasses and injuries, against the property of the said Earl, and the persons and property of the settlers, established under his patronage at Red River, in the Territories of the Hudson's Bay Company ; and Whereas, it is alledged on the other hand, that the agents of the said Earl, and persons in their employment, have been guilty of illegal aggressions, trespasses and injuries, against the property of the North-West Company r now for the ending and deciding of the said disputes and controverties, it is hereby mutually agreed, by and bet- ween the said parties, that all matters and difference between them, in regard iO damages arising from such alledged injuries, aggressions and trespasses on either side, shall be referred to the arbitrament, final end, and determination of any two or more Arbitrators, who may be nominated for that purpose, by the Lord Chief Justice of the Court of Kinj^'s Bench, and the Lord Chief Justice of the Court of Common Pleas at Westminster: and it is also mutually agreed, by and between the said parties, that the said Earl shall be bound to indemnify the said Company, for all damages occasioned by the acts of his agents and those acting under their command, whether the same may have been done by the direction of the said Earl or otherwise ; and that the saivi Merchants, trading under the firm of the North-West Company, slwll, in like manner, be jointly and severally bound, to indemnify the said Earl, and the settlers, esta- blishsd at Red Rivtr, as aforesaid, for all damages occasioned to him or them, by the acts of any of the partners, clerks or servants of the said Company, whether the £aid acts have been done by the diiec- k Signl er rel vif T said 1 I 213 tion of the salil Meichnnts or olliorwise ; and that both parlies fchall be bound lo pay such sums as liie said Arbitrators, or any two of them, shall award to bo paid on account of such damages, so as tho said Arbitrators, or any two of Ihem, do make and publish thei <• award in writing, ready to be delivered to the said parties, or such o"" them, as shall desire the same, on or before the first day of December, in the year of our Lord, eighteen hundred and nineteen. And it is understood and mutually agreed, by and between the said parties, that this submission shall have no effect in precluding cither party from carrying on prosecutions against any of the individuals, who may have been guilty of offences against law, in respect to the ag- gressions, trespasses and injuries, alledged as aforesaid : — and it is hereby further mutually agreed, by and between the said parlies, Ihnt this submission shall be made a Rule of His Majesty's Court of of King's Bench, at Westminster, and likewise of the Court of Ses- sion, at Edinburgh, and of the Courts of King's Bench for Upper-Ca- nada, and for the Districts of Quebec and Montreal, in Lower-Ca- nada. — In witness whereof, the said parties, viz : the Earl of Selkirk, on the one part, and Daniel M'Kenzie, one of the said Merchants, under the firm of the North-West Company, for, and in behalf of the said Company, have set their hands and seals lo these presents^ written by John Spencer, and subscribed at Fort William, on Ka- ministiquia River, on the nineteenth day of September, in the year of our Lord, eighteen hundcred and sixteen, before these witnesses : Miles Macdonell, Esq. Gouvernor of Ossiniboia, Captain Frederick Matthey, late of De Meuron's Regiment, Lieutenant Frederick Graffenreid, of the same, Alexander Bridport Becher, of the Royal Navy, John Allan, Surgeon in the Royal Navy, John Prichard, and John Spencer, both of Red River, James Taitt, of Fort William, Alexander Kennedy, clerk of the North-West Company, Donald Bl'Pherson and Charles Bouck, clerks to the Hudson Bay Com- pany. (Signed) Signed, Sealed and Deliv- ) DANIEL M KENZIE, (L. S.) SELKIRK, (L. S.) ered, (no Stamps being required in this Pro- ^ vince,) in present of j ii- -->*^i;<.. 214 (Signed) 'MitEs Macponell, F. Matthey, Captain, Fr. de Graffenreid, Alex. Bridport Bkchek, John Allan, John Pritchard, John Spencer, Jas. Taitt, Alex. Kennedy, Donald M'Pherson, ^Charles Bouck. • .>*A y» A*Jt. 4 ji 'J • I > !■ fS *• ^ .n *% \ '*n ¥ ,v . - Deposit in the Hands of the Arbiters, Whereas, a submission has tliis day been entered into, by auoj between Thomas, Earl of Selkirk, on the one part, and Daniel M'Kenzie, for, and in behalf of the Merchants, trading under the firni of the North- West Company, on the other part ; by which all dis- putes and controversies between the said Earl and the said Compa- ny, are referred to the arbitration of any two or more Arbitrators, tvho may be nominated for that purpose by the tords Chief Jus- tices of the Courts of King's Bench and Common PJeas, at West- minster, declaring that the said Earl shall indemnify the said Com- pany, for all damages occasioned to their property, by the acts of his agents, and of those acting under their command ; and that on the other hand, the said Merchants shall be bound, Jointly and severally, to indemnify the said Earl, and ibe settlers, established under his patronage at Red River, for all damages to his or their persons or property, occasioned by the acts of any partners, clerk?, or servants of the said Company ; and that both parties shall bo bound to pay such sums as the said Arbitrators, or any two of them, shall award to be paid on account of such damages : — And Where- as, it is necessary that the payment pf such award be effectually provided for, it is therefore mutually agreed, by and between the parties aforsaid, viz. — the said Earl of Selkirk on the one part, and the said Daniel M'Kenzie, for, and in behalf the Merchants, trading under the firm of the Norlh-West Company, on the other part ; that the said Earl shall execute a conveyance of an Estate, of the value -.1 I s I 4 215 ot Ihrtie thousand pounds yearly, to be held in trust by the said Arbitrators, till their final award and determination be made and published, upon the masters referred to them by the submission a- foresaid, with power to the said Arbitrators to sell the said Estate, or such part thereof, as may be necessary to pay the amount of their award, in case it be given against the said Earl ; and on the other hand, that the said Daniel M'Kenzie, for, and in behalf of the North-Wcbt Company, shall consign to the said Arbitrators, all the Furs of whatever description, now packed up for exportation, in the stores of the said Company, at Fort William, with power to them to dispose of the said Furs, and after paying all charges upon the same, to hold the neat proceeds thereof, in trust, till their final award and determination be made and published, upon the matters refer* red to them, and to pay the amount of their award out of the same in case it be given against the North-West Company. In witness whereof, the said parties, to these presents, have hereunto set their hands and neals, at Fort William, on the Kaministiguia River, the nineteenth day of September, in the year of our Lord, one thousand, eight hundred and sixteen, and of His Majesty's Reign, the fifty sixth. (Signed) DANIEL M'KENZIE, (L. S.) SELKIRK, (L. S.) Signed, Scaled and Deliv- ' ered in presence of (no ( Stamps being required in this Province,) ' Miles Macdoneix, Governor of Ossiniboia. Fr. de Graffenpi'ir, LietUenavt, late cf'De Mcuro.Cs Rcgt. Alex. Bridport Bechf.r, Royal Navy. John Allan, •Surgeon, Royal Navy. John Ppitchard, Red River. John Spencer, Red River. Jas. Taitt, Fort Williarn. Alex. Kennedy, Fort William. Donald. M'Pherson, Clerk of the Hudson Bay Co. Charles Bouck, ^. Clerk of the Hudson Bay C9. (Signed) ;' I ' it ^1 il i: i V I t u 2]6 5«fe 0/ Furs by Mr. Daniel M\Kcnzic to Lord Selkirk. Fort Wit.mam, oi» Lake Superior, . ' Septeviber 19th, 181G. My Lord, In the name of the North-West Company, I hereby authorize your Lordship, to lake possession of the Furs, at this post, packed up for exportation, and consisting of 5dC packs mark- ed N. W. — and numbered with various numbers, from 661, to 1 175, and 46 packs marked A, and numbered, from 1 to 46 — and also 23 kegs CastoTum ; all of Tvhich, I hereby sell to your Lordship, for the sum of one hundred pounds lawful money of Great Britain, but under the following conditions, viz. — that if my partners ac- quiesce in the submission for refening to Arbitration the diOcrences between your Lordship and the North-West Company, and for consigning these Furs to the Arbitralois, then this sale to be null and void ; and your Lordship shall, in pursuance of our agreement, con- sign these Furs to some respectable Mercantile House in London, to be held at the disposal of the Arbitrators, who may be nominated by the Chief Justices of the C:iurts of King's Bench and Common Pleas, at Westminster, according to the submission, I have the h'jnor to be, My Lord, Your Lordship's most obedient, And very Humble Servant, (Signed) , DANIEL M'KENZIE, To the Right Honorable The Earl of Selkirk. 217 Sale of Merchandise and Moveable Effects by Mr. Daniel M'^Kenzie to Lord Selkirk. I I This Indenture, made on the nineteenth day of September, ill the year uf our Lord, eighteen hundred and sixteen, between Daniel M'Kenzie, one of the Merchants, trading under the firm of the North-VVest Company, for, and in behalf of the said Company, on the one part, and Thomas, Earl of Selkirk, on the other part, — Witncsseth, that in consideration of the sums of money herein after mentioned, the said Daniel M'Kenzie, hath sold, demised and con- veyed, and does hereby sell, demise and convey, to the said Earl, all the goods and chattels, of whatever dcnumination, belonging to the said Company, now at their trading post, called Fort William, excepting the Furs packed up for exportation ; — In consideration whereof the said Earl, does hereby covenant and agree, to pay to ihe said Daniel M'Kenzie, on behalf of the said Company, a sum of money equal to the prime cost of the said goods and chattels, to- gether with the amount of the charges actually incurred, for bringing them to Fort William ; which money is to be paid in the following -installments: viz. — a sum of fifty pounds, lawl'ul money of Great Britain, at or before the ensealing and delivery of these presents, (the receipt whereof is hereby acknowledged;) a farther sum of two thousand pounds, to be paid in London, on or before the fust (lay of December, in the year eighteen hundred and seventeen ; and the remainder of the said price, within one year, after a final award shall have been given, upon the matters in dispute, between the said Earl and North- West Company, which by a submission entered into of this date, by and between the said Earl, and tl»c said Daniel M'Kenzie, on the part of the North-West Company, have been relcrred to the arbitration of two or more Arbitrators, to be nominated fur that purpose, by the Chief Justices of the Courts of King's Bench, and Common Plc\>s, at Westminster. — In witness whereof, the said parties, to these presents, have hereunto set their hands and seals, at Fort William, the day and year aforesaid. (Signed) DANIEL M'KENZIE, (L. S.) \: r^ELKIRK, (L. S.) S'?l; ^W t m I ii >» I )eing ( Pro-( of ) 21$ Signed, Sealed and Deliv- ered (no Stamps being required in this Pro- vince,) in presence ' Miles Macdonell, Governor of Ossiiiiboia. Fr. de Graffenreid, Lieutenant, late of De Meuron'i Re^i AiiEXR. Bridport Becher, Royal JSTavy. John AllAn, Surgeon, Royal Navy. John I*ritchard, ,„. ,. of Red River. of Red River. Jas. Taitt, of Fort William, Alex. Kennedy, Clerk of the Korth-Wtst Co. Donald M'Pherson, Clerk to the Hudson Bay Co. Charles Bouck, ^ Clerk to the Hudson Bay Co. Letter from Mr. Daniel M^Ken^ie to Lord Selkirk. Fort William, dN Lake SurERinn, October iOth, 1816. My Lord, As the making up of exact Schedules of Ihc property of the North-West Company, which I have sold to you at this place, will take more time, than can be afTorded at this advanced period of the season, I have to request that your Lordship will cause them to be sent, as soon as ready, to Montreal ; where I will add my signature. I am fully satisfied of the accuracy of the Invcnto- iries taken by Messrs. Pritchard, Kennedy and Spencer, and as no document can be found here for ascertaining the Victual cost of the goods, I have no objection to the different articles being valued at the same prices, as in the Inventories made out in June last, or at those of the Proprietors^ Tari£f. The Indian debts of the post, i 4 i^> \ i 219 to be included in the valuation, according to tbe rate followed in other cases ; and any Furs of the summer trade, which may remain unpacked, to be valued at the Tariff of the year. The frame of the new schooner, to be valued by competent tradesmen. I have the honor to be, My Lord, Your Lordships's most obedient, And very Humble Servant. (Signed) DANIEL M'KENZIE. To the Right Honorable The Earl of Selkirk. Deposition of John Pritchard. Provinces of Longer and ^ Deposition of John Pritchard, taken Upper Canada, and^ before me, one of His Majesty's Special Indian Territories : — y Commissioners, for enquiring into the Offences committed in the Indian Territories, and one of His Ma- jesty's Justices of the Feace, for the said Indian Territories, and for the Western District of Upper Canada. The said Jolui Pritchard, being duly sworn on the Holy Evan- gilists, deposellj and sailh, That he arrived at Fort William, on tbe River Kamanistiguia, about the tenth day of September, 1816, on his return from Lake la Pluie, where he had proceeded in hopes of conveying, into the interior, the Proclamation ; but had found the country in so disturbed a state, as to reniier it dangerous to pro- ceed. — That on his arrival as aforesaid, he found Daniel M'Kenzie, one of the mariners of the North-West Company, who had perviously been arrested by the Earl of Selkirk, at large in the said Fort. That prior to deponent's going up to Lake la Pluie, as aforesaid, he had seen the said Daniel M'Kenzie, on several occasions ; first, when he himself had been set at liberty, on the arrival of the Earl of Sel- kirk, in the neighbourhood of Fort William, at which time tbe said Daniel M'Kenzie, requested him to inform the Earl of Selkirk, that I : .to i \l ^H i il I il ' ':'i t !' •'> J. f ,^; r 22Q be, the said Daniel M'Kenzie, was the last arrived from Red River, and should be happy to give his Lordship any intelligence : that he had afterward seen him once or twice, whilst a prisoner in hjs own room : lastly, when in the prison of the Fort, and that hp had ap- peared to deponent much depressed, and anxious to disclose thc^ crimes in which he and his partners t^ad participated, and had been asked by him, whether he could be received as lying's evidence ; and that he had further acknowledged, that he had answered the said Earl foolishly, which w^s the cause of his having been removed to prison. That the deponent had stated in reply, that it would certainly be his interesf, either to say nothing or to come for- Hvard, and declare the whole truth fully and openly. That nothing, however, further had taken place previous to this deponent's pro- ceeding to Lake la Pluie; but that upon deponent's return to Fort William, he was informed and vcrjly believes — that the said Daniel M'Kenzie had madp a full disclosure, in writing, in consequence vrhcreof, he was set at liberty, and that this deponent has himself frequently heai'd the said M'Kenzie declare, that his testimony a- lone vvas sufficient to hang Mr. M'Gillivray — towards whom, the said M'lienzic, at all times expressed great hostility. — That some days after this deponent's arrival at Fort William, as aforesaid, he had a knowledge of a sale made by the said Daniel M'Kenzie, of (he moveable property at Fort VViiliam, to the Earl of Selkirk, and |hat deeds were duly executed for the same, as well as for a sub- mission to Arbitration — and that the deponent has a certain know- ledge, that in agreeing to tiiis sale, and executing the other papers before mentioned, the said Daniel M'Kenzie acted without any restraint whatsoever, and appeared to consider the arrangement made, as advantageous to himself and the other wintering partners ; and Ihat afterwards when the deponent and Mr. John Speficer, were employied to take an Inventory of the effects, on behalf of the Earl of Selkirk, with Mr. Alexander Kennedy, on behalf of the North- West Company,— the said Daniel M'Kenzie frequently attended and gave orders to Mr. James Tailt, to deliver up the keys of each store, as soon as the Inventory of the property in the same, wa^ taken and agreed upon, which was accordingly done by the said Taitt, who was the clerk in charge ; and that while the said Inven- 1 ■J 'ielil \.. 221 { f] the I I iory was taking, the said Daniel M'Kenzie frequently expressed his anxiety that the amount thereof should prove large— appearing to consider it as so much property saved to the North*West Com- pany's wintering partners, which would otherwise be expended by Mr. M'Giliivray in law. — Tl^at soon after the said Inventory was completed, the said Daniel M'Kcnzie, stated to deponent, his wish to go to Red River, where he said he might be serviceable, from Iiis influence with the Half-breeds ; but that deponept having com- municated the same to the Earl of Selkirk, learnt, that the testimony et the said Daniel M'Kenzie, was so important, that he must be sent down to Montreal ; and he accordingly embarked some days after- wards with this deponent, who wpnt down with prisoners ; the said Daniel M'Kenzie, havipg a general charge of the brigade which consisted of three canoes, partly manned with servants of the North- west Company, returning hpme, and being under no sort of re- straint ; but going down, as deponent understood, as a voluntary witness, zealous for the discovery of truth, without its having been deenied necessary to put him under recognizance. — That at Sault Ste. Marie, they met with Pierre de Rocheblave, a partner of the North-West Company, who took away two of the canoes and a part of the provisions, and the North-West men, who had come down with them. — That the deponent at'terwardg proceeded, with the said Daqiel M'Keazie, and others, across Lake Huron, in two boats, but that they wpre met on their way, first by John M'Laugh- lin, a partner of the North-West Cpmpany, who had some conversa- tion with the said Daniel M'Kenzie, and afterwards by John M'Do- nald, also a partner of the said Company, together with WiNiam Smith, the under sheriff of the Western District of Upper Canada, — ivilh whom the said Daniel M'Kenzie, whose spirits had appeared much depressed from the period of leaving Sault Ste. Marie, em- barked, saying to this deponent, that he was 'obliged to do so, as a prisoner for selling Fort VVilliam, although the deponent saw no species of coercion used towards him. And the deponent further sailb, that he left at Sault Ste. Marie, in the charge of one Xavier Biron, four packs of Furs, marked R. R. S. which he brought with him from Fort William, and which he has been informed and verify 'jelieves, consist«d of Furs, ^hich had been traded during the sujn- i < ■ ■ ' i t nl f mi luer, at Fort William, by James Taiit, a clerk of tlie North-Wc,! Company, and partly by Donald M'Plicrion. a clerk ui" the Hudion Bay Company, ailer the sale and delivery ol" the moveable proper- ly, at Fort William, aforesaid ; and tliat the said Furs, s.1 traded bv James Taitt. were included in the Inventory, and always consider- ed as separate and distinct from the ether Furs packed up for ex- portation. (Signed) JOHN PRITCH.^CD. Sworn at Montreal, the i'tii Marcii, 1S18, belore me. 'Sicned) W. B. COLT.MAN \ Wet LldiOn optr- id by sider- ar ei- ;d.