IMAGE EVALUATION TEST TARGET (MT-3) \\j IM ^■■' il I.I 11.25 ^121 12^5 1^ Uii 12.2 ^ '12.0 ui IliK us u U 11.6 III ■' \ ms' n Photographic Sdaices Corporation •^ \ ^ '^ fv c^ '^ 33 WEST MAIN STREET WEBSTER, N.Y. M580 (716) 872-4503 ^ '«l) 4- .%^ CIHM/ICMH Microfiche Series. CIHM/iCIVIH Collection de microfiches. Canadian institute for Historical IVIicroreproductions / Institut Canadian de microreproductions historiques Tachnicai and Bibliographic Notaa/Notas tacliniquaa at bibliographiquaa Tha inatituta hat attamptad to obtain tha baat original copy availabia for filming. 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The following diagrams illustrate the method: Les cartes, planches, tableaux, etc., peuvent Atre filmte A des taux de reduction diff Arents. Lorsque le document est trop grand pour Atre reproduit en un seui clichA, II est filmA A partir de i'angle supArieur gauche, de geuche A droite, et de haut en bas, en prenant ie nombre d'images nAcessaire. Les diagrammes suivants illustrent la mAthode. 1 2 3 1 2 3 4 5 6 '971.01 Il'-c: L.^ y A S H O R T arrative and Juftification OF THE PROCEEDINGS COMMITTEE Appointed by the ADVENTURERS, to profecute the Discovery of the PASSAGE T O T H E Western Ocean oiAMERICAi And to Open atid Extend the T r a d e^ and Settle the Countries beyond Hudfon*^ Ba^, * With an Apology for their poftponing at prefent their intended Application to P A R L I A M £ N T. To which are annexed. The Report and Petitions referred to inthe NARRATIVE; And the Pape Rs prepared to be delivered to the L ORDS and COM^ONSj upon prefentipg the Petition, as the Founda*i64*rar a, FA'R'ij^i|Aii;i'*j:T|i;RY En- <^iRy, andthe'F^i^s tlwy UreieipJ'ppa.r^d.tpiupport: Now laid 6efoi'e;tbtf*R.U'.B:L-I CKv^Qf their • ' • future-Gonfid^atroa, : :'•.•;.. LONDON: • f^ Printed for J. Robinson, in Ludgatc-Street. MDCCXLIX. u I J '. y I \ . I. ■- ':j ;»¥ * ••• "• • • • • ,• • .• - • •• • . 1 •-• •• • ?s • • • • « • • • * *• • • «• N , , » * • •'• S' - ^ ) i ».rt \' ^\ \ 4' -<. 4 > ^■K^' ^^^ ■■>r 'V' "v'V. -OS t H ^ ;w ;^A»' ^'.>xv^^''\vr PREFACE. *; J — • • - s ,-.rvj=L' , .- r,,, . .... . -.>.S«'i .\ ' . t ' ■,'v; L / '-^v. A SHORT i •V^\ u ■;: . I. :^i('\:i c:: ImJ .i ,:/"o' ,' .*■*■! J ' I PI I » i f r ^ ey ry de be i>/ Ai RT •\ ],nn .,; ; The * The Affidavits to fuf^rt the Petition were made hy John Heather Carpenter,, who h^d built Uenl^^Houfe above ^ V. . . -. . . ' • • Albenny: ■^Zf 11 tl tl bt PI tef mi •r# 5 \ ir y a- r- ^ &^ eril tiori vere [the •any* the any nany dout Ex car- its to gainft fotne th*. The Ife above Jlbenn^ f 9 ] the Petit-oners thinking it imprudent to ithf the Hearing, there was no Time to get a Sight Oft? 'IV. .j.ino' ':•■ ■•■' ' ■■' r. '^ Qf -,. ■ • . :i(f^-:..-i •■!'?, vrMi ■„. ',:'-\it,^:b-s:ii Albany^ Chrifiopher Bantjier Gun-maker, Robert Griffin Goldfmith, Edward Thomfon and Jacob Taylor Surgeoris, who had all r^fided feveral Years at the feveral Fa^ortes in HudforCi Bay, and were all filed in February^ and up- on Notice given, the Company's Solicitor immediately took Copies of them ; but no Afiidavits having been given in by the Company, the Petitioners apprehending aiFe<^ed oklays, they applied to the Attorney and Solicitor General for an Attendance^ and on the 21ft of March they apf- pointed the Monday following for an Attendance Of all Parties. This was done to oblige the Company to file their AffiJaviis ; their Solicitor then declared they had a Number of Affidavits to file, which he could not get rea- dy fo foon, and defired the hearing to be put ofF, until af^ ter the Holydays, and he would file them the Week be- fore Eetflery in which they were indulged, and a Sunt- mons was iifued for a Hearing the 20th of April, Affi- davits were accordingly prepared, and being called upon before the Holydays, they faid they would file none, but would try their Fate upon the Validity of their Charter, and reftirve them until after the Hearing, and then file them if neccflary, but afterwards with a View of poftpo- ning the Hearing, or of preventing our anfwering to them in Time, as afterwards appeared, they filed them the Evening before the Hearing. As Objections were made by their Council to the Ca- pacity of our Wjtnefles, and boa(1:ing of the Superior Knowledge and Capacity of the Company's Witnefles, it may be proper to mention theirs, to (hew their Capacity, as alfo the Names of thofe for the Petitioners, who gave in Affidavits to fupport the firft Affidavits, and to fiiew the Evafivenefs or Falfity of thofe given in on behalf of the Company to juftify their Cr- uft under their Charter. Their Affidavits were made by Jofeph Ifhejier^ who hai been taken a Lad from the Orknies^ and bound an Ap- prentice to Captain Middleton^ and by his Intereft was af* terwards made Mafter of a fmall Sloop, and from that made Governor of Albany. B By ■ 1-*: [ lO 1 or Copy of their Affidavits : but as the Hear- ing and Reply took up feveral Days, many more Affidavits were liled on behalf of the Petitioners, to (hew the Inconfiftency, Falfe- nefs and Evafivenefs of the Affidavits made on behalf of the Company ; but upon the Peti- tioners Reply to the Company's Anfwcr^ the 1,1 V. ' By Thomas Whiter who went over a foremaft Man, and was afterwards made Governor of Yor^ Fort ; by George Houy who was bred a Gardener, afterwards made Go^ vernor of Moofe Fadory ; and by Richard Ford a Car- penter, who had rebuilt Yox:k Fort. Thefe only had re- fided in the Bay, and by being made Gentremen by the Company, had nrore Superior Knowledge than our Evi- dence. To thefe were added the Affidavits of George Spurrell, John and Jonathan Fowler, and JVilliam Coates\ who were then the Captains of their four Trading Ships ; and by their feldom flaying above a Fortnight at the Fac- tories in the Bay, could know very little of the Climate or Country within Land ; the Others were only by Charles Hay their Secretary, Henry Jefferies their Accomptant, Henry Sparlings Jnthony Lutkins, and Nicholas Lewis^ who were Merchants and Furriers in London, and were never in the Bay, but related only to their Furs and Trade, and Hay's Affidavit about their Difcoveries, which was all evafive and indeterminate. Thefe in every material Article were anfwered by the Affidavits of Arthur Dohbs Efq; Capt. William Moor, Capt. Francis Smith., Henry Ellis Gentleman and Draftf- man, Jeremiah Wejlal Mate, Jofeph Robfon Mafon and Surveyor, and John Greenway Gunfmith, with further Affidavits by Arthur Dobbs, William Moor, John Heather, and Chrijiopher Banijler ; none of which were allowed to be read, except that of Ellis, relative to the Difcovery. The Affidavits of Sparlings who fwore Ermines and Squirrels (kins were of fmall Value, and Lutkins and Lewis, who fwore they were not worth a Penny per Dozen, be- ing fo notorious a Falfity, was thought not worth an- fvWjring. Affi- i I lear- nany : the ''alfe- le on Peti- , the an, and George deGo-aio a Car- had re- by the >ur Evi- George Coates \ g Ships i ;he Fac- Climate V Charles )mptant, LewiSf ind were 1 Trade, hich was n d by the moor^ Draftf- afon and 1 further Heather^ allowed ifcovery. ines and id Lewis, zen, be- orth an- Affi- i I [ II 3 Affidavits were objedted to, as given in out of Time ; as by the Courfe of proceeding they could not Reply to them, and only one was allowed to be read relative to the Difco- very of the Paflage, which was made by Ellis. So that thefe Affidavits never having been read before, the Attorney and Solicitor could not appear or be annexed to their Re- port, or induce them to alter that Part of their Report, as it muft have done, had they appeared in Evidence before them. Upon this Report as the Petitioners could not proceed or obtain a Charter to enable them to profecute the Difcovery, and anfwer the other Purpofes propofed in their Petition, without entering into a dilatory and expenfive Suit by Scire Facias, or Quo Warranto, which they were advifed alfo, muft be carried on by a Profecution from the Crown. The Petitioners were advifed that it would be the fpeedieftjleaftexpenfive, and moft efFedltual Method, to petition the Houfe of Commons to take the Hudfon's Bay Charter and Trade in- to their Confideration, and to open the Trade to the Bay, and to incorporate the Petitioners and others their AfTociates under proper Re- gulations; and accordingly a Petition was pre- pared, in which the Merchants of the City of Glafgow and Town of Lherpool joined with the Merchants of London and other Adven- turers, and a Draught of it was fent to BriJ- id for their Concurrence, as it was intended for the general Benefit of the BritiJJo Trade, B z as I ti llf \n [ 12 ] as may appear from the Pelitiop prepared hereunto annexed. This being all the late Adventurers and the Merchants in the mod: confiderable Trading Ports, who had agreed to join in the Petition could do, when it was prepared, before they would fign it, they thought it proper to (hew it to fome Perfons of Capacity and Knowledge in Trade, and of Weight in PErliajricnt, for. their Approbation and' Concurrence, and if approved of, to have their Support to it in the Houfe, if the Allegations were proved j but upon their Application to a Gentleman of known Abilities, and extenfive Knowledge in Trade, whofe eftabliflied Charadler had been to extend all Trade ; and lay open all exclu- live illegal Monopolies in Trade, upon whom they depended for his Countenance and Con- currence in fo laudable an Application, as they efteemed it, they were furprized and concern- ed to find he was in Opinion againft it, and under a PrepofTeffion in favour of the Hud" fon*s Bay Company, that they had done their utmoft in extending the Trade, that it could no! be further extended, that by opening the Trade, or others embarking in it, might ruin, their Trade, and the Whole be loft, and that it would be hard to attack the Company's property. Whether this Opinion was well founded, would have appeared upon the Proofs of the Allegations of the Petition, had it been preferred,. However, the principal Merchants who were deiirous to have prefenied the Peti- tion, out of Deference to Ins Ju'^gment, and not :l. red '•^■^ the ing :ion hey lew ;dge tor d if I the but n of ge in been xclu- ^hom iCon- they cern- and Hud- their could gthe ruin that 3any's well 'roofs been hants Peti- . and I 1 f 13 ] not being able to fupport a Petition, which - upon his Oppofition, fupported by the Bidd- fin's Bay Company, muft have been litigated in every Step through both Houfcs of Parlia- ment, have thought it prudent to drop it at this Time, until this Gentleman, and others who have a Deference for his Judgment in Affairs of Trade, may after a more thorough Confideration, think, as the trading Part of the Nation do, that it will be a Publick Bene* fit to fettle thofe Countries, extend the Trade there, and by that means perfed: the Difcovery of the fo much defired Paflage. And the Per- fon who had promoted this Difcovery, after it had been fo long dormant, to which he had applied his Thoughts and Time for eighteen Years, in Order to improve the Wealth, Trade, and Navigation of Britain, hopes it won't be taken amifs of him, that after fo many Years Trouble and Attendance, at a great Expencc to his Private Fortune, and Lofs to his Fa^ mily J that he fhould hereafter retire, and leave the Profecution of the Difcovery of the Paffage and Extenfion of the Britijh Trade to fome more happy Adventurer ; having this Confolation, that he has done the utmoft he could for the Publick Good, and makes no doubt but a little Time will fliew, whether thofe who have promoted, or thofe who op- pofe the Profecution of the Plan here laid dov/n, have judged beft for the good of Bri- tain. .However, from this Purfuit, fo far is determined and known, that all the Merchants of Britain have an equal Right to Trade in Hudfo ons )^ IS «l hi I' f H 1 HudforCs Bay as the Company, and to have the Ufc of their Rivers and Ports i and that a permanent Reward is fixed, to any of his Majefty's Subjcds who (hall hereafter pcrfedl the Difcovery of the defired Paflage. And he hopes that fome other private Britijh Ad- venturers will foon raife theirFortunes and Fame, by perfe(fting the Difcovery of it ; left by our negled, other Nations may not only reap the Benefit of the Difcovery, but alfo the Honour of having perfected it to the eternal Reproach of this Kingdom. ' ; ■ ''..ti ■7U'- /^' ; - 1 I. .'- : ! ; u"' J. '■ 1 I. e^ . - t - . '■, .» '-, <-,.;■ 'I •': ■* r .. ' - I ,'.J Ji U "i. r* i To Ol p« E; fa| ^;^ in( tioi To [ '5 1 H . J- :o 'j r;<-.,-T), '^■i tt: To the Right Honourable v!\ u « « The Lords of a Committee of His Majesty's moft Ho^ nourable Privy Council. t^; May it pleafe your Lordships, ^ >v * ?i IN humble Obedience to your Lord(hip's Order in Council of the 4th of February laft, reprefenting, That by an Order in Coun- cil, bearing Date the 26th Day of January laft, there was referred to your Lordfliips, the humble Petition of Arthur Dobbs^ Efqj and the reft of the Committee, appointed by the Subfcribers, for finding out a Paffage to the Weftern and Southern Ocean of America^ for themfelves and the other Adventurers j and that your Lordfhips having taken the iaid Petition into Confideration, were pleafed to refer the fame to us, to confider thereof, and report our Opinion thereupon to your Lord- fhips. Which Petition fet forth, that the Petiti- oners in the Year 1746 did, at their own Ex- pence and Charges, fit out two Ships, upon an Expedition in fearch of the North-weft Paf- fage to the Weftern and Southern Ocean of America^ in order to extend the Trade, and increafe the Wealth and Power of Great Bri- tain, by finding out new Countries and Na- tions to trade with, as well in the Great North- ^ weftern I) l\ I '6 3 Weftern Continent of jimerica beyond Hud- foil's Bajy as in Countries ftill further diftant, and hitherto unknown to the Europeans ; and alfo to many large and populous Iflands in that Grdat Weftern Ocean. ^^ ;-,; ,;;« ^ That the Petitioners by means of tlie faid Expedition have made feveral Difcoveries of Bays, Inlets, and Coaifls before unknown, and have a reafonable Profpadt of finding a PaiTage to the Southern Ocean by fea, although the Difcovery may riot be perfedted without re- peated Trials, upon account of the Difficulty and Danger of Searching different unknown Inlets and Streights, and failing through neW Seas, and of procuring Men of Refolution, Capacity, and Integrity to purfue it effec* tualUy. ''- That the Petitioners find, that the Reward of 20O0O /. given by Parliament is not ade- quate to the Expence the Adventurers miifl be at to perfed: the Difcovery, they having already expended above half that Sum in their late Expedition. That the Petitioners find, that upon a former Attempt, his Majeily's PredecefTor King Charles the Second, as a fuitable Encourage- ment, granted a Royal Charter to the Gover- nor and Company of Adventurers trading to Mudfon's Bay^ making them a Body Corporate for ever, upon their Petition fetting forth, that they had at their own proper Cofts and Charges, made an Expedition to difcover a new PalTage into the South Sea, and for find- ing fome Trade of Furrs, Mines, and other Con[imodities id- int, and that faid IS of and fiage i the X re- culty lown I neW ution, efFcc* ewafd : ade- aving their forn:ier King ^urage- rover- llng to Irporate forth^ Ls and :over a )r find- [d other lodities [ 17 ] Commodities, and gave them the fole Proper- ty of all the Lands they fliould difcover, to- gether with an exclulive Trade to all the Countries within Hudfon*s St r eight s^ not in PoffcfTion of any of his Subjeds, or of any other Chriftian Power, with the Royalties of Mines, Minerals, Gems, and Royal Fifh, to enable them to find out the Pa&ge, extend the Trade, and to plant the Countries they (hould difcover, paying two Elks and two black Beavers whenever, and as often as his Majefty and his Succeflbrs (liould enter their Territories, granting to them the grtateft pri- vileges, as Lords Proprietors, faving only their Faith and Allegiance to the Crown of Great Britain. '"'■"'* "' ' , ■ -^ - '"''■"■' ' '- ' >' ' The Petitioners beg leave to obferve, that the faid Company have not fince effedlually, or in earneft Tearched for the faid Paffage, but have rather endeavoured to conceal the fame, and to obflru i i'i! / t!i [ i8 ] jedts to plant, fettle, or trade in any of the Countries adjoining to the Bay^ granted to them by their Charter ; yet have connived at, or allowed the French to encroach, fettle and trade within their Limits, on the fouth Side of the Bay^ to the great Detriment and Lofs of Great Britain, That the Petitioners being defirous to pur- fue the Difcovery of the Paffage to the Southern Ocean of America^ by Land or by Water, will engage not only to profecute the fame un- til it be fully difcovered, as far as pradicable, but alfo to fettle end improve the Land in all the Countries on that northern Continent, by making Alliances with, and civilizing the Na- tives, and incorporating with them, and by that Means lay a Foundation for their be- coming Chriftians, and induilrious Subjedls of his Mujefty ; and alfo extend the Briti/h Trade into the Heart of that northern Continent, around the Bay^ and into filch Countries as they may difcover beyond it in the Weftern Ocean, and to ufe their utmoft Endeavours to prevent the French Incrou^hments- upon the Britijh Rights and Trade in chcit Continent, Jn order therefore to enable the Petitioners to profecute and bring lo Perfedtion fo valua- ble a Difcovery, and to civilize the Natives, r.nd fettle the Lands without lofs of Time, and that the Trade and Settlement of fuch ex- tenfive Countries may not be longer delayed, or perhaps for ever loft to his Majefty, and f , his iiBSSIwSVS r 19 3 his Succeflbrs, by the Incroachments of the French, ■ ' ' The Petitioners moft humbly pray, that his Majefty would be gracioufly pleafed to incor- porate the Petitioners, and the other Sub- fcribers for finding out the faid Paflage, or fuch of them, and fuch other Perfons as they fliall engage in the faid Undertaking, and theic Succeffors for ever, and grant to them the Property of all the Lands they (hall difcovcr, fettle and plant, in a limited Time in the northern Continent of America, adjoining to Hudfon*s Bay and Streights, not already occu • pied and fettled by the prefent Company of Adventurers trading to HuJfon*s Bay, with the like Privileges and Royalties as were granted to the faid Company. And that his Majedy would be pleafed to grant unto the Petitioners (during the Infancy of their Settlements) an exclufive Trade for fuch a Term of Years as may be granted to Difcoverers of new Arts and Trade, to all fiich Countries into which they (hall extend their Trade by Land or by Water, not already granted by Adt of Par- liament to other Companies, referving to the prefent Company of Adventurers trading to Hudfon*s Bay, all the Forts, Fadlories, and Settlements they at prefent occupy and po(Iefs, with a reafonable Diftridt round each of their Po(re(fions and Fadlories ; or that his Majefty would be pleafed to grant the Petitioners fuch other Relief and Encouragement, as to his Majefty in his great Wifdom fhonld Q^tm meet, C 2 We [ 20 ] We have taken the Ame into Confideration and have been atteniied by Cooncil both in behalf of the Petition;:;rs and the Hudforis Bay Company, who oppofed the Petition as it in- terferes with their Charter. general The Petitioners infifted on twi Tli'gs. That the Company's Charter was either void in its original Creation, or became forfeited by the Company's Condudt under it. . .; Th.it the Petitioners have by their late At- tempts to difcover the North- weft Paflage, and Na'.iga ion in thofe Parts, merited the Favour petitioned for. As to the fiift, the Peiitioners endea- voured to fhew that the Grant of the Coun- try and Territories included in the Com- pany's Charter was void, for the Uncertainty of it Extent being bounded by no Limits of Mountuins, Rivers, Seas, Latitude or Longi- tude J and that the Grant of the exclufive Trade within fuch Limits as thefe were, was a Monopoly, and void on that Account. With refped to both thefe, coniidering how long the Company have enjoyed and aded under this Charter, without Interruption or EncroacViment, we cannot think it advifable for his Majefty to make any Exprefs or im- plied Declaration againft the Validity of it, until there has been fome Judgment of a Couit of Juflice to warrant it ; and the rather, biCaufe if the Charter is voiJ in either re- fpedl, there js nothing to hinder the Petitioners from exercifing the fame Trade which the Company I it, If a her, re- Iners the [ 2. ] Company now carries on ; and the Petitioners own Grant, if obtained, will itfelf be liable, in a great Degree, to the fame Objedlion. As to the fuppofcd forfeiture of the Com- pany's Charter, by Non-ufer or Abufer, the Charge upon that Head is of feveral Sorts, viz. That they have not difcovered, nor fuf- ficiently attempted to difcover the North-weft Paffagc into the South- Seas or Weftern Ocean. —That they have not extended their Settle- ments through the Limits of their Charter. That they have defignedly confined their Trade to a very narrow Compafs, and have for that Purpofe abufed the Indians, negleded their own Forts, ill treated their own Servants, and encouraged the Fr^«f^. •. . •, But on Confideration of all the Evidence laid before us, by many Affidavits on both Sides (herewith inclofcd) we think thefe Charges are either not fufficiently fupported in Point of Fadt, or in a greatMeafure accounted for from the Nature and Circumftances of the Cafe. As to the Petitioners Merit, it confifts in the late Attempts made to difcover the fame PafTige, which however as yet unfuccefsful in the main Point, may probably be of Uie hereafter in that Difcovery, if it (hould ever be made, or in opening fome Trade or other, if any fhould hereafter be found pradicable, and have certainly cofl the Petitioners confiderable Sums of Money. But as the Grant propofed is not necefTary, in order to profecute any future Attempt of the like like Kind, and the Charter of the Uudfirii Bay Company, does not prohibit the Peti- tioners from the Ufe of any of the Ports, Ri- vers, or Seas included in their Charter, or de- prive them of the Protedtion of the prefent Settlements there, we humbly fubmit to your Lordfhip's Confideration, whether it will be proper at prefent to grant a Charter to the Petitioners, which mufl ner.ITarlly break in upon that of the Hudfon*s Bay Company, and may occafion great Confufion by the interfer- ing Intereds of two Companies fetting up the fame Trade, againft each other in the fame Parts, under the like exclufive Charters. All which is humbly fubmitted to your liordlhips Confideration. loih Afgujly 1748. D. Ryder,' W. Murray. 4i To i 1 A^ f . 1 To the Honourable The Common s of Great Bri- tain in Parliament affembled. t} h I'be bumble Petition of the unJer'Written Mer* chants and other s^ late jidventurers for find- ing a navigable PaJTage through Hudfon'j Sireights to the South Sea or Weftern Ocean^ and for extending the Britifh Trade into^ and through that vafi I'raB of Country ^ ly- ing between Hudfon'j Streights and the /did Ocean, on behalf of themfelves, and other Merchants and Inhabitants of the Cities of London, Briflol and Glafgow, and the ■^ Town ^Liverpool. ,. , * .^i ^ Sheweth, ; THAT his Majefty hath an undoubted Right to all the Countries of North America^ from the eaft Coaft of Labrador north of Newfoundland, to the utmoil Lands to the weft ward of Hudfon's Bay, not only on account of the firft Difcovery of that Country having be^n made by Britijlo Subjects em- ployed by his Majefties Predeceflbrs, but alfo by folemn Treaties, particularly the Treaty cf Utrecht ^ confirmed by fubfequent Treaties. That t 24 1 That the Trade to thefe Countries for Purs, Peltry, Fi(h, Whale-fin, and Oil; as well as for Minerals, Pitch, Tar, and other valu- able Commodities ; in return for the Woolen, Iron, and other Manufadures of this King- dom, may be greatly increafed and improved, if the Country was fettled, and the Trade ex- tended into the inland Parts, by the Rivers and Lakes, by civilizing and converting the Natives, making Alliance with them, and allowing them an equitable and reafonable Profit from the Trade, and by making Dif- coveries over Land to the wefiern ^;7^fr/V^;/ Ocean, and flill greater Improvements may be made, and more expcditioufly, if a navi- gable PaiTage fhould be found to that Ocean, of which there is f^ill the greatcft Profpedt from the Openings fcen, and other Obferva- tions made, in the laft Attempt for that Pur- pofe. That feveral of your Petitioners, at a very confiderable Expence, for the publick Ends and Purpofes aforefaiJ, and upon the En- couragement given by Parliament, became Adventurers to difcover the faid Palfage ; and in this Attempt made Difcoveries of feveral Bays, Inlets, or Streights, never known or fearched into before, from which, and the Obfervations arifing therefrom, they have the greateft Hopes of there being a navigable Paf- I'age through thefe Openings, or fome of them, to the weftern Ocean. - That your Petitioners might have made ftill greater Difcoverie?, very probably, to th& 2 finding ^ ^s %v ^ .>• "S [ 25 ] finding the Paffage itfelf, and thereby have enlarged the Britijh Trade and Navigation, had they not been greatly difcouraged and obftruded therein, by the Company of Ad- venturers trading into Hudfon's Bay^ who in- ftead of giving them the Protcdtion and Affif- tance they might have expeded took all Mea- fures to difcoiirage and prevent their entering into their Rivers,iand to hinder them from getting proper Refrefliments from the Natives when wintering there, the faid Company endeavour- ing to exclude all other his Majefty*s Subjeds from thofe Seas, Rivers, and Countries ; and in Pretence of an extraordinary Charter, grant- ed to them by King Charles the Second, which if valid, gives them a Property for ever in all thefe Countries, Seas, and Rivers, and dfo an Exclulive Trade to all Countries be- yond the Entrance of Hudfons Straights j but this Charter both with regard to the Property in the Lands, and alfo the exclulive Trade, is, as your Petitioners are advifed and appre- hend, illegal in its original Creation, the Grant of the Soil having no Limits or Bounds to the North, South, or Weft, and the Grant of Trade being exclufive, and to continue for ever, which without the Aid of an Ad of Parliament, is, as your Petitioners are advifed, a Monopoly and contrary to Law. That if the faid Grant was originally valid (which your Petitioners moft humbly appre- hend it was not) yet the faid Company have not in any fort complied with, or fulfilled the Intention of the faid Clia* ter, which was P granted [ 26 ] granted to them on Exprefs Condition, that they (liould fettle in thofe Countries, make a Plantation or Colony there, fimilar to the o- ther Colonies of America^ that they (hould ufc their utmoft Endeavours to find out a Paf- fage to the weftern or fouthern Ocean of A- mericciy and to extend the Trade of Great Brit Clin j and though thefe were the three great and principal Ends and Views of the Charter, yet the Company have not complied with any one of them : For it is a Fad: notorious, that they have not fetled, or fo much as attempted to fettle any Plantation or Colony, in any Part of that vaft Tradl of Land ; and it is equally certain, that they have not only not found out. a North-weft PaiTagc, nor determined by any Searches they have made, whether there be fucb a Paflage or not, nor uferi the proper Means for that Purpofe themfelves, nor en- couraged others to do it, but fo far from it have, ccMitrary to the exprefs Intention of their Charter, done all in their Power to prevent fiich Dilcovery from being made by others, and for that Purpofe have made ufe of the Powers given them by their Charter, to de- feat the great Purpofes for which it was prin- cipally given. And your Petitioners moft hum- bly averr, that in two Years they have gone further and done more at their own priv. te Ex- pence, towards this important Difcovery, than the Company have done in the great Length of Time fince the granting of their Charter, and with the Stock of the Company, the few Attempts they have made being colourable and ♦ .*■ />- -s '%1^ treat .^ > -\ % M i 27 ] and elufory only, and to fave Appearances, ad will evidently appear, when they are called upon to produce the Inftrudlions from time to time given on this Head to, and the Journals and Accounts of the Captains they have em- ployed in the Service, and the Charts and Plans they have from time to time difcovered^ and inftead of enlarging and increafing the Trade of the Kingdom, they have fo far re- flrained and confined it, that there is not a iingle Mercliant in London of any Confidera- tionj that does not export annually Commo- dities to a much larger Amountj than the faid Company, whofe annual Exports does not ex- ceed comrmmibus anms 4000 /. a year, fo that they have in no refped anfwered, but on the contrary done all in their Power to defeat the great and priricipal Defign of the Royal Grant. That your Petitioners have the greatefl Rea- fon to believe, that if thofe Countries were fet- tled, and the Trade under proper Reg.jlations, laid open for the general Good of the Na- tion, that it might be greatly extended and increafed, and great Quantities of Woolen, Iron, and other Manufadlures, and valuable Produce of this Kingdom be annually exported for very valuable Returns, thofe Countries be- ing very capable of being fettled on the South and weft fides of the Bay, the Climate there within Land being as mild as the Countries in Europe in the fame Latitude, that is, from the Latitude of Peterjburg and Bergen in D 2 Norway -< 1. I \ 1 28 ] Norway in 60^ to the Southward of the La* titude of London in 51^ 30' That your Petitioners arc willing and defi- rous to ufe their utmoft Endeavours to extend the Britijh Trade and Navigation by promo- ting the Settlement of thcfe Inland Countries, by civilizing, converting and making Friend- fhip with the Natives, and by pufhing on Dif* covcries, as well over Land as by Sea, to the Weftern Ocean of America \ but which they cannot attempt with any Profpedl of Succefs, whilft the faid Company are in Pofleflion of their prefent Charter. For notwithflanding the Illegality of the exclufive Trade thereby granted to the Company, and the Right your Petitioners may have notwithflanding to carry on the fame Trade which the Company now carries on, and to have the ufe of any of the Ports, Rivers, or Seas included in their Char- ter, or to the Protection of their prefent Set- tlements there, yet it is a Fadl very notorious, and which your Petitioners are ready to make appear in the cleareft and fulleft Manner, that the faid Company being interefted to defeat and prevent all Attempts for the faid Pnrpofes, have obftnided ycur Petitioners and others concerned in the two late Attempts for Difco- very of the faid Paffage, and denied them the Ufe or Prote(5tion of their Settlements. Befides all which your Petitioners humbly beg leave to reprefent that it will be abfolutely impra(f\icable for your Petitioners to carry on and extend the Peltry or any other Trade in thefe Parts, without having Settlements and 4 Land \ rs -A \ H [ ^9 ] Land Fad:ories, which your Petitioners caii- not ere • • • > > • • • • • • • • • • • ' • • • « « • at ' > • > . I « • • rH ^_L