W//////////////////////A 
 
 mm 
 
 W/iiii/M. 
 
 w///////////////////////////^^^^^^ 
 
 
 //////////////////////////// 1 ///o/i I //^ 
 
 'j/////////'//////jy//m////m//////////// 
 
 I Sir WM' 
 
 '/J///////////m^ 
 
 '/////////////M^. 
 
 '""'"« 
 
 '///////////////////////////U^^ 
 
 pc'fffiK"' 
 
 
 wmmMm 
 
 §m 
 
 
 fell
 
 m 
 
 
 •(If- 
 
 THE LIBRARY 
 
 OF 
 
 THE UNIVERSITY 
 
 OF CALIFORNIA 
 
 LOS ANGELES 
 
 s<> 
 
 
 t^ 
 
 
 *»"/■ 
 
 J. 
 
 
 
 
 
 « ^^ 
 
 iv 
 
 H, t 
 
 ■' 
 
 
 \ 
 
 ('■^Vj^' 
 
 i>i.» ^ 
 
 V -IV , 
 
 »** 
 
 ' 1 
 
 < . 
 
 -.v^-' 
 
 \i' , 
 
 Ji^'^ 

 
 I4A v» 
 
 
 "7 vy--"' 
 Lfe^ .''''if'' 'C '' ." 
 
 Ca^rV 
 
 Sfi^^r-'- 
 
 
 
 •>v
 
 PORTRAIT OF PRINCE RUPERT. 
 From the Original in Hudson^ Bay House, London.
 
 THE 
 
 HUDSON'S BAY COMPANY'S 
 LAND TENUKES 
 
 AND THE 
 
 OCCUPATION OF ASSINIBOIA 
 
 BY 
 
 LOED SELKIRK'S SETTLERS, 
 
 WITH A 
 
 LIST OF GEANTEES 
 
 UNDER THE EARL AND THE COMPANY. 
 
 BY 
 
 ARCHER MARTIN, Esq., 
 
 BABBISTER-AT-I-AW (OF THE CANADIAN BAr). 
 
 LONDON: 
 WILLIAM CLOWES AND SONS, LIMITED, 
 
 27, FLEET STREET. 
 1898.
 
 LONDON : 
 
 PRINTED BY WILLIAM CLOWES AND SONS, LIMITED, 
 
 STAMFORD STIIEET AND CHARING CROSS.
 
 
 PREFACE. 
 
 While the bibliography of Manitoba is far more extensive 
 than many imagine, yet in no work on that province can 
 any information, other than the most meagre, be obtained 
 in regard to the dealings of the Hudson's Bay Company, 
 the former owners of the country, with its lands, the con- 
 ditions under which the same were planted by various kinds 
 of settlers, the forms of tenure under which they held, the 
 particular lands which were allotted to them, or the names 
 of the grantees of such allotments. 
 
 It was only when engaged as one of the counsel on a 
 case,* instituted by the descendants of one of Lord Selkirk's 
 settlers, to set aside a patent erroneously granted by the 
 Canadian Government, that I fully appreciated the lack of 
 such information, realized the practical as well as historical 
 importance of the subject, and became aware of the very 
 great misconception that existed in regard to the tenures of 
 the Company and the titles of Lord Selkirk's settlers. From 
 being interested in the subject as a purely legal one, I found 
 my attention being engaged from an historical point of view, 
 and, being asked by the Historical and Scientific Society of 
 Manitoba to read a paper on some aspect of the Company's 
 rule, the first chapter of this book was the result. En- 
 couraged by the reception it met with then, and later, when 
 
 * Templeton v. Stewart, 3 Western Law Times Reports, 189. Reprinted 
 in Appendix N. 
 
 G80839
 
 iv PREFACE. 
 
 it was reprinted in the Western Latv Times of Canada, I 
 pursued my investigations, aiming particularly to substantiate 
 the conclusions drawn by the reproduction of such original 
 documents as were, in my opinion, necessary to support 
 them. 
 
 No one who has not searched * for comparatively old docu- 
 ments in a new country can appreciate the difficulties to be 
 overcome; especially in the face of such a destruction of 
 public records as has occurred at Red River, first, by the 
 iniquitous act of the Governor of Assiniboia in 1822; second, 
 by the burning of the house of the Roman Catholic Bishop 
 of St, Boniface, with all its archives, in 1861 ; and, third, by 
 the Half-Breeds during the occupation of Fort Garry by 
 Louis Riel in the Red River Rebellion of 1869-70. 
 
 The history of the lands of a people is necessarily to a 
 very great extent the history of the people itself, so, in dealing 
 with the lands of Red River I have given, not only the 
 various classes of settlers who came to Assiniboia, but, as 
 far as posssible, their names and the actual allotments they 
 occupied. With this end in view was prepared, not a little 
 laboriously, a complete index to all the grantees of lands at 
 Red River from the earliest times to 1870, the year of the 
 transfer of Rupert's Land to Canada. This index also gives 
 the numbers of the lots they occupied, thus enabling the 
 descendants of any settler to ascertain accurately the lands 
 granted to him. 
 
 It has been my aim, in discussing the legal questions 
 which frequently arise, to do so in a popular manner as far 
 as possible, and the illustrations have been added as a further 
 means by which to bring the work within the range of the 
 general reader, as well as that of the historical and legal 
 student. 
 
 In the Appendix will be found collected all the documents, 
 many for the first time printed, which will be of practical 
 
 * Vide pp. 32, 68, 71.
 
 PREFACE. V 
 
 assistance to any one who has to incjuire into the question 
 of lands at Red River, from the point of view of the lawyer, 
 the claimant, or the genealogist. 
 
 No one is more aware than I that the field open to such 
 a book as this is very limited ; but when the country grows 
 older, if the result of my efforts comes to be regarded as a 
 conscientious contribution to the history of Manitoba, I shall 
 be more than repaid, and shall regard my residence of over 
 eleven years in that province as not in vain. 
 
 I am aware that I must have made some mistakes in the 
 course of my work, and I shall esteem it a favour if any one 
 will point them out, so that I may correct them, should the 
 opportunity offer, in a subsequent edition. 
 
 In my researches much assistance was received from many 
 persons mentioned in the text, but my thanks in particular are 
 due to C. C. Chipman, Esq., Commissioner of the Hudson's Bay 
 Company ; to W. E. Macara, Esq., Barrister-at-law, Inspector 
 of Land Titles Offices, Winnipeg ; to R. A. Ruttan, Esq., of the 
 Dominion Lands Commission, Winnipeg, and to James Taylor, 
 Esq., of Prince Albert, N. W. T. 
 
 ARCHER MARTIN. 
 
 Victoria, B.C., Canada, 
 May, 1898.
 
 NOTE BY THE PUBLISHEKS. 
 
 Fkom a variety of unforeseen causes the publication of this book 
 has been delayed beyond the time originally contemplated, there- 
 fore circumstances may have changed in a few particulars, and it 
 must be taken as speaking of affairs at the time it wns written and 
 not the time of publication, though the interest of the work and 
 the accuracy of the information given are in no way affected by the 
 delay.
 
 CONTENTS. 
 
 CHAPTER I. 
 
 (JF THE Grant of Assiniboia. to the Earl of Selkirk by the 
 Hudson's Bay Company. 
 
 l-AGF. 
 
 The lands of the Hudson's Bay Company, and the dealings of the 
 
 Crown with ... . . ... ... ... • • • 1 
 
 The charter of the Comi^any compared with others ... ■•• '^ 
 
 The grant to Lord Selkirk ... ... ... •■• ••• 5 
 
 Two meanings of " District of Assiniboia " ... ••• ••• ^ 
 
 Sales to settlers ... ... • • • ■ • • • • • • • • ^ 
 
 Free grants to the same ... ... ... • • ■ • • • 10 
 
 Extinguishment of Indian title ... ... ... ••• 12 
 
 Lord Selkirk's executors and the Colony ... ... ••• 1* 
 
 CHAPTER II. 
 
 Of the Possession of Assiniboia by the Hudson's Bay Company. 
 
 The taking over of the Colony by the Company ... ••• •• 15 
 
 Evidence as to date of same ... ••• ••• ••• 1^ 
 
 Surrender of Rupert's Land to Canada .•• •■• ••• 1^ 
 
 " Terms and conditions " thereof ... ... ••• ••• 20 
 
 CHAPTER III. 
 
 Of the Allotment of Lands by Lord Selkirk to his Settlers 
 AJfD the Estates granted them therein. 
 
 Difficulties of investigation caused by destruction of documents ... 21 
 Lord Selkirk's intentions as regards allotment of land ... 22 
 
 Particular lots granted ... ... •■• ••• ••• 2o 
 
 24. 
 
 Scotch settlers ... ... ... .•• ••• ■•• ■** 
 
 The De Meuron and Watteville settlers ... ... ••• 25 
 
 The Glengarry Fencibles ... ... ... .•• •• 26
 
 Vlll 
 
 CONTENTS. 
 
 PAGE 
 
 The Frencli Canadian settlers ... ... . . . . • 27 
 
 Settlers at Pembina ... ... ... • . • • • • 28 
 
 Swiss settlers ... ... ... ... ••. ••• 29 
 
 Employees of the Company as .settlers ... ... ... 30 
 
 Prof. Hind of the Canadian Exploring Expedition ; his search for 
 
 dociunents ... ... ... ... ... •■• ^'^ 
 
 The Colony Register ; system of recording grants ... ... 33 
 
 Forni of Conipany's contract of service and remarks on ... 34 
 
 Lord Selkirk's grant to Roman Catholic Mission ... ... 36 
 
 Governors of Assiniboia as the agents of Lord Selkirk's executors 43 
 
 Sale of Fort Douglas to Robert Logan ... ... ... ... 45 
 
 The Statute of Frauds not in force in Rupert's Land ... 47 
 
 Land " Certificates " of Governor Simpson ... ... ... 48 
 
 Leaseholds in Assiniboia ... ... ... ... ... 51 
 
 Mr. Halkett's visit to Assiniboia ... ... ... ... CO 
 
 Terms under Avhich lands were sold to settlers ... ... CO 
 
 Agreements made with settlers by Governor Bulger ... ... CI 
 
 Governor Bulger and the lands of the Roman Catholic Mission C2 
 
 Deductions as to nature of tenure ... ... ... ... C3 
 
 CHAPTER IV. 
 
 Of the Estate.s gkantek by the Hudson's Bay Company in Assini- 
 boia, AND the Recognition by the Company and Canada of 
 THE Claims of Lord Selkirk's Settlers. 
 
 Nature of the estates granted by the Company ... ... 65 
 
 Evidence of Sir George Simpson and Mr. Isbister in that regard 65 
 
 Governor Caldwell's statement ... ... ... ... 66 
 
 Early land cases in the Courts of Assiniboia ... ... 66 
 
 Mr. McTavish on the custom of the Company ... ... ... 68 
 
 Mr. Brydges (Commissioner of the Company) on the same ... 69 
 
 Agreement produced by him ... ... ... ... ... 69 
 
 Chief Factor Finlayson's certificate ... ... ... 70 
 
 The Company's Lease for 1000 years, and form of ... ... 71 
 
 Strange anomalies in example given ... ... ... 72 
 
 The out-pensioners from Chelsea Hospital ... ... ... 75 
 
 Pensioners' allotments at Fort Garry, and nature of tenure ... 75 
 
 Recognition of Lord Selkirk's grants by Company ... ... 83 
 
 Canada's recognition of Company's grants ... ... ... 84 
 
 The Manitoba Act ... ... ... ... ... ... 84 
 
 Errors of Canada in granting patents ... ... ... 85 
 
 Present policy of Canada in regard to ... ... ... .. 88 
 
 Effect of patent on title ... ... ... ... ... 90 
 
 Hay privileges of settlers ... ... ... ... ... 90
 
 CONTENTS. 
 
 IX 
 
 Action of Canada in regard to 
 
 Commission to inquire into, and report of 
 
 Settlers receive patents for hay lands, or scrip in conuuutation 
 
 therefor 
 Deductions as to nature of Company's tenures ... 
 
 PAGE 
 
 91 
 01 
 
 92 
 
 92 
 
 CHAPTER V. 
 
 Or THE Indian Title and Halit-Bkebd Claims. 
 Treaty with Lord Selkix'k, and map of 
 United States' view of aboriginal rights 
 Canada's view of same 
 Privy Council's view 
 
 Half-Breeds, successors to Indians, and claims of, considered 
 " Original white " settlers 
 North- West early settlers 
 
 " Staked claims" on Rat, Seine, and La Salle Rivers 
 Note on early settlement at Rat River 
 Canada eventually recognizes " staked claims " 
 
 94 
 
 94 
 
 96 
 
 98 
 
 99 
 
 103 
 
 104 
 
 105 
 
 105 
 
 106 
 
 CHAPTER VI. 
 
 Of the Surveys and Records of Assiniboia, and the Method 
 OF Transfer of Land under the Company. 
 
 Mr. Dennis' erroneous view in regard to early surveys ... 
 
 First survey made by Lord Selkirk 
 
 Fidler's survey, and note on him 
 
 Allotments for retired servants of the company 
 
 Correspondence in regard to ... 
 
 Kemp's survey ... 
 
 Removal of old plans to Ottawa 
 
 Taylor's survey ... 
 
 Early work of Colonel Dennis 
 
 Taylor's plans of survey ... 
 
 Records of Council of Assiniboia and General Quarterly Court 
 
 Hudson's Bay Register B 
 
 Prior land registers ... 
 
 Register A, its various contents, and description of ... 
 
 Inquiry into missing registers of Lord Selkirk 
 
 Gross negligence of Hudson's Bay Company in regard to records 
 
 Method of transfer of land at Red River 
 
 Evidence of J. H. McTavish 
 
 Judgment of Mr. Justice Killam 
 
 Conclusion 
 
 107 
 108 
 108 
 110 
 111 
 111 
 112 
 114 
 115 
 116 
 118 
 118, 123 
 121 
 125 
 128 
 129 
 130 
 131 
 132 
 133 
 
 List of Grantees in Assiniboia 
 
 135
 
 APPENDICES. 
 
 A. — Charter of the Hudson's Bay Company ... ... 163 
 
 B. — Conveyance of Assiniboia to Lord Selkirk from the 
 
 Company ... ... ... ... ... ... 173 
 
 C. — Notes on Validity of Company's Charter ... ... 183 
 
 D. — List of Red River Settlers, Scotch ... ... ... 184 
 
 E. — List of Scotch Settlers who abandoned Red River 187 
 
 F. — Petition of Selkirk Settlers to the Prince Regent ... 189 
 
 G. — List of Red River Settlers, Swiss ... ... 194 
 
 H. — Terms of Lord Selkirk with Swiss Settlers ... ... 196 
 
 I. — Will of Lord Selkirk ... ... ... ... 198 
 
 J. — Governor Bulger's Correspondence with the Bishop of 
 
 St. Boniface ... ... ... ... ... 200 
 
 K. — List of Pensioners who went to Fort Garry in 1848 and 
 
 1850 203 
 
 L. — "Conditions on which it is proposed to ENaoL Pensioners 
 
 for Service at Fort Garry in the Territory of the 
 
 Hud.son's Bay Company, North America" ... ... 205 
 
 M. — "Scheme showing Sub-division of Lot No. 1211 (Point- 
 
 A-PeLTIER) AMONG.ST FORT GaRRY ENROLLED PENSIONERS, 
 
 9th November, 1852" ... ... ... ... 208 
 
 N. — Report of Case of Templeton v. Stexoart ... ... ••■ 210 
 
 O. — Hay Privileges in Assiniboia ... ... ... 213 
 
 P. — Letter of Alexander Lean to Peter Fidler regarding 
 
 the Amalgamation of the Hudson's Bay and North-West 
 
 Companies ... ... ... ... ... ... 216 
 
 Q. — Deed of Surrender of Rupert's Land by the Hudson's 
 
 Bay Company to the Crown ... ... ... ••• 216 
 
 Index ... ... ... ... ... ... ... 223
 
 LIST OF ILLUSTRATIONS. 
 
 Portrait of Prince Rupert, first Governor of the 
 Hudson's Bay Company, from the Original in 
 Hudson's Bay House, London ... ... Frontispiece 
 
 1. Map of Assiniboia, as granted to Lord Selkirk To face page 5 
 
 2. Map of Lands conveyed by Indian Chiefs at Red 
 
 River ... ... ... ... ... „ ,, 94 
 
 3. Amos' Plan of Red River Settlement in 1816. 
 
 From "Reports of Trials in Courts of Canada 
 
 RELATIVE to THE SETTLEMENT IN ReD RivER." 
 
 By Andrew Amos. Published by Mr. John 
 Murray, who kindly gave permission for the 
 COPY to be taken ... ... ... ... ,, ,, 109 
 
 4. Plan of the Forks of Red and Assiniboine 
 
 Rivers in 1830 ... ... ... ... ,, ,, no
 
 CORRIGENDA. 
 
 Page 11, note (5?), add, History of Manitoba, Donald Gunn, pp. 200-1. 
 Page 27, note (ss), for " 9 " read " 13." 
 52, line 21, delete " 999 and,"
 
 THE HUDSON'S BAY COMPANY'S LAND TEN- 
 URES, AND THE OCCUPATION OF 
 ASSINIBOIA BY LORD SEL- 
 KIRK'S SETTLERS. 
 
 CHAPTER I. 
 
 Of the Grant of Assiniboia to the Earl of Selkirk 
 BY THE Hudson's Bay Company.* 
 
 While the origin and commercial progress of the 
 Hudson's Bay Company, the last of the old English 
 chartered corporations, have received some attention from 
 the pen of the historian, and while its struggles, prosper- 
 ities and adversities have been more or less faithfully 
 recorded, and the charm of romance thrown round its 
 operations in the barter of its costly furs, yet its lands — 
 the most enduring of all possessions — their actual occupa- 
 tion, method of allotment and form of tenure, have attracted 
 but scant attention and present almost a new field, and 
 not a lean one, to the inquirer into one of the most inter- 
 esting phases of the history of Manitoba. 
 
 This subject differs from the purely historical in that it 
 is a thoroughly practical one — a live issue of the day — and 
 of considerable interest, pecuniary in some cases, to those 
 who came to the District of Assiniboia under the auspices 
 of Lord Selkirk or the Company. As an illustration of 
 this assertion, if such were needed, it is only necessary to 
 refer to the proceedings before our courts of law. Quite lately 
 the question as to whether or not the law of primogeniture 
 
 *This chapter was read before the Historical and Scientific Society of 
 Manitoba, at Winnipeg, on December 1st, 1892.
 
 2 THE Hudson's bay 
 
 was in force in Manitoba prior to its Transfer to Canada in 
 1870, was before the judges of the Queen's Bench (a) and 
 it was held that it was in force if such estates existed as it 
 could operate on, i. e., estates of freehold. If their exiat- 
 ance can be proved, then many of the patents granted by 
 the Dominion Government to the representatives of Red 
 River settlers have been granted in error, and why might 
 not such a mistake have occurred as regards lands of im- 
 mense value situate in the heart of Winnipeg as well as the 
 sorry claim of the meanest of Lord Selkirk's settlers ? 
 
 That many such mistakes have been made by the Crown 
 is an open secret among the legal profession, and that the 
 officials of the Manitoba Land Titles Offices realize the 
 importance of the question is evidenced by the fact that, 
 going behind the Crown grant they procure from Ottawa 
 the papers and documents on which the patent was granted, 
 and, quite independent of the investigations of the Crown 
 officers there, subject the evidences of title to the most 
 rigorous scrutiny. Even now "uneasy lie the heads" of 
 many landowners in one of the most valuable residence 
 portions of Winnipeg, Fort Rouge, because of the out- 
 standing interest of a poor half-breed girl who long ago 
 went to the Saskatchewan but may unconsciously have 
 left her children a rich inheritance. 
 
 In a former series of papers entitled " The Rise of Law 
 in Rupert's Land" (6), the writer came to the conclusion 
 that the courts of law in this province have practically 
 found that the proprietary rights of the Company under its 
 charter, May 2, 1670, were valid ; the monopoly in trade 
 possibly was not. For the reasons for entertaining this 
 opinion reference must be made to the papers themselves, 
 and it does not seem necessary to allude to them other than 
 
 (a) J^fi Tail, Western Law Times of Canada, Vol. I., pp. 76, 158 
 (Reports). 
 
 {b) Ibid, Vol. I., pp. 49, 73, 193. See appendix C.
 
 company's land tenures. 3 
 
 that a careful consideration of the other charters (c) of the 
 American plantations or colonies confirms the writer in 
 the belief that they were not inconsistent with the age 
 in which the grants were made, in fact were recognized 
 as a prerogative of the Crown. And there is also 
 this further circumstance of no little significance that 
 while in many cases the grantees of the other American 
 charters were people of small consequence and presumably 
 little influence, in some cases apparently of none, not even 
 a City knight among the proprietors, yet those of the Bay 
 Company included personages of the very highest rank, a 
 Prince of the Blood- from whom the plantation derived 
 its name, Rupert's Land — at the head of them, and it is 
 surely not unreasonable to assume that in such a case the 
 sovereign meant to clothe such royal "adventurers" with 
 the very greatest powers he could by exercise of his pre- 
 rogative in that behalf. 
 
 These companies bore similiar names to the full name 
 of the Hudson's Bay Company, For instance, that of 
 Virginia, under its second charter, was styled the " Trea- 
 surer and Company of Adventurers and Planters for the 
 City of Loudon, for the first colony in Virginia" ; that of 
 Massachusetts Bay : " The Governor and Companie of the 
 Massachusetts Bay in New England" ; that of Connecticut : 
 " The Governor and Company of the English Colony of 
 Connecticut, in New England, in America " ; another 
 " The Governor and Company of the English Colony of 
 Rhode Island and Providence Plantations, in New Eng- 
 land, in America" ; another " The Trustees for establishing 
 the colony of Georgia in America " ; and so forth. The 
 Maryland Charter, 1632, of Charles I to Lord Baltimore, 
 was most remarkable in its amplitude, going even to the 
 extent of empowering the grantee to invest the inhabitants 
 
 (c) Vide Charters of the Old English Colonies in America. By Samuel 
 Lucas, Esq., of the Inner Temple, Barristev-at-law, London, 1850,
 
 4 THE Hudson's bay 
 
 " with what titles and dignities soever as he shall think 
 fit (so they be not such as are now used in England)," and 
 to a lesser degree was also that famous one granted to Sir 
 William Penn by Charles II eleven years after that of the 
 Bay Company. His sovereign appeared particularly desir- 
 ous of doing honour to Lord Baltimore for we find this 
 quaint expression : " JSTow, that the said country thus by 
 " us granted and described may he eminent above all other 
 ^^ parts of the said territory, and dignified with large titles, 
 " know ye, that we, of our further grace, certain knowledge 
 "and mere motion have thought fit to erect the same 
 " country and islands into a Province ; as out of the fullness 
 "of our royal power and prerogative we do for us our 
 "heirs and successors erect and incorporate them into a 
 " province, and do call it Maryland, and so from henceforth 
 "we will have it called." Penn received a somewhat 
 similar honour in the case of his grant, but not in such 
 sounding terms, though he was empowered to erect 
 manors and to hold Courts Baron in each and every of 
 them so erected. 
 
 The Governor and Company of the Hudson's Bay Adven- 
 turers were "made created and constituted" . . "the true 
 and absolute lords and proprietors of" Rupert's Land and 
 held that plantation " as of our manor at East Greenwich, 
 in our county of Kent, in free and common soccage, and 
 not in capite or by Knights service, yeilding and paying 
 yearly to us, our heirs and successors, for the same, two 
 elks and two black beavers, whensoever and as often as we, 
 our heirs and successors shall happen to enter into the said 
 countries, territories and regions hereby granted." The 
 three Virginia charters were held of the same manor and 
 by the same tenure, paying a fifth part of the gold and 
 silver and, originally, one fifteenth of the copper ; so were 
 Massachusetts (1st and 2nd charters), Connecticut and 
 Rhode Island, while those of Maryland and Pennsylvania
 
 MAP OF THE UISTHICT OF ASSINIBOIA, 181 
 Exiracled from Itt^ittcr ''A" 
 
 ^.
 
 COMPANY S LAND TENURES. 5 
 
 were held "as of our Castle of "Windsor in our county of 
 Berks," that of Maryland at " two Indian arrows of those 
 parts " in addition to the fifth part of the gold and silver, 
 and in Penn's charter two beaver skins took the place of 
 the arrows, but, differing in this respect from our Company's 
 charter, they were to be delivered at "Windsor Castle be- 
 fore the first of January ; Georgia's "Trustees" held their 
 charter (1732) "as of our manor of Hampton Court in our 
 county of Middlesex " likewise in free and common soccage 
 at " the sum of four shillings for every hundred acres of 
 the said lands which the said corporation shall grant, 
 demise, plant or settle, the said payment not to commence 
 or be made until ten years after such grant demise plant- 
 ing or settling." 
 
 The Company, then, being "the true and absolute Lords 
 and Proprietors of Rupert's Land, in free and common soc- 
 cage," on the 12th day of June, 1811, "granted, aliened, 
 enfeofted and confirmed " unto the Right Honourable 
 Thomas Earl of Selkirk, his heirs and assigns forever, all 
 that tract of land or territory, comprising about 116,000 
 square miles, bounded by an imaginary line running as 
 follows, that is to say : 
 
 Beginning on the western shore of Lake Winnipie, otherwise Winnipeg, 
 at a point in fifty-two degrees and thirty minutes north latitude, thence 
 running due west to the Lake Winnepigoos, otherwise called Little Win- 
 nipeg, then in a southerly direction through the said Lake so as to strike 
 its western shore in latitude fifty-two degrees north, then due west to the 
 place where the parallel of fifty-two degrees north latitvide intersects the 
 western branch of Red River, otherwise called Assiniboine River, then 
 due south from that point of intersection to the Height of Land which 
 separates the waters running into Hudson's Bay from those of the Missouri 
 and Mississippi, then in an easterly direction along the said Height of 
 Land to the source of the River Winnipie or Winnipeg (meaning by such 
 last mentioned River, the principal branch of the waters which unite in 
 Lake Saginagas), then along the main stream of the waters and the mid- 
 dle of the several lakes through which they flow to the mouth of the 
 Winnipeg River and thence in a northerly direction through the middle 
 of Lake Winnipie to the place of beginning.
 
 6 THE HUDSON S BAY 
 
 An important reservation in favour of the grantors was 
 
 made in the following clause : 
 
 Saving and reserving nevertheless to the said Governor and Company 
 and their successors all rights of jurisdiction whatsoever granted to said 
 company by their charter. 
 
 This is why the governors of Assiniboia received their 
 commissions from the Company and not from Lord Selkirk. 
 
 One tenth of the said tract was to be set out by the 
 Earl, at the request of the Company " to the use of such 
 person or persons, being or having been in the service or 
 employ of the said Governor and Company for a term not 
 less than three years immediately preceding the date and 
 execution of any direction or appointment to be made by 
 the said Governor and Company and their successors under 
 this present power, in such parts, shares, and portions and 
 for such estates and interests as the said Governor and 
 Company .... shall from time to time .... direct or 
 appoint. Nevertheless, so that no person taking under 
 any such direction or appointment and being under the 
 rank or degree of Master of a trading post, shall be or 
 become entitled to any greater part share or proportion 
 than two hundred acres, nor any person of the rank or 
 degree of Master of a trading post any greater part, share 
 or proportion than one thousand acres.'' 
 
 Then follow certain conditions to be performed on 
 behalf of the Earl, in default of which, after due notice on 
 the part of the Company and three years subsequent neglect 
 to perform on the part of the grantee, it would be lawful 
 for the Company to revoke the grant, but even in this case 
 "subject and without prejudice to any such grant as shall 
 have been previously made by the said Earl, his heirs or 
 assigns to or in favour of any person or persons, so as upon 
 the land comprised in any such grant there be actual 
 settlers to the amount of one family for every five thou- 
 sand acres."
 
 COMPANY S LAND TENURES. 7 
 
 It is not, however, necessary to further notice these con- 
 ditions for there is no evidence whatever that the Company 
 ever required the Earl to perform them, in fact from sub- 
 sequent occurences the presumption is the other way. Any 
 one wishing to refer to the deed will find it printed in full 
 in the 36tli Transaction of this society (d). It is to be regret- 
 ted that while Mr. James Taylor, who furnished the copy 
 of the deed from which this Transation was printed, took 
 the late Governor Morris to task for suppressing jDarts of 
 the above deed and a map in his " Treaties of the Indians,'' 
 pp. 14, 300-1-2, yet he did not furnish to the Society, so far 
 as appears from the Transaction, the source from which he 
 derived the document which he stated was a copy of the 
 original deed. The fact is the more unfortunate as it is 
 most important that we should be certain that the document 
 printed by the Society as being a copy of the deed is truly 
 a copy. It may be fairly presumed that the original is at 
 the Company's head ofiice in London with the rest of the 
 title deeds, as it was in all likelihood returned by Lord 
 Selkirk's executors when the Company resumed possession 
 of his estate at Red River. 
 
 In August, 1812, Miles McDonnell, formerly captain in 
 His Majesty's Regiment of Royal Canadian Volunteers, 
 who had in June, 1811, been appointed by the Company 
 as Governor of the District of Assiniboia (e), the name 
 bestowed on the territory, and by Lord Selkirk as his 
 agent and superintendent, arrived at Red River and took 
 possession of the lands in the name of his master (/). He, 
 " on or about the 4th of September ensuing, caused the grant 
 " of the Territory by the Hudson's Bay Company to the 
 " Earl of Selkirk to be read, together with his own com- 
 
 ((/) Historical and Scientifie Society of Manitoba. The full text of 
 this deed will be found in Aj)pcndix B. — Mr. Taylor subsequently ex- 
 plained to the writer that his copy w'as extracted from Colony Register A. 
 
 (e) Statement respecting E. of Selkirk's settlement, 1817, p. 8. Par- 
 liamentary Report, 1819, p. 145. 
 
 (/) Parliamentary Report, 1819, p. 154.
 
 8 THE Hudson's bay 
 
 " mission as Governor, at a public meeting called by bim 
 •' for that purpose," at which time and place also, and as 
 Lord Selkirk's attorney as provided in the deed, receiving 
 at the hands of William Hillier, acting on behalf of the 
 Company, formal and peaceable possession of the before 
 mentioned lands. These ceremonies were followed up by 
 a salute from the guns of the neighbouring Fort Douglas. 
 
 As the term " District of Assiniboia " is apt to be mis- 
 understood, it may be as well to distinguish between its two 
 widely dissimilar meanings. The matter is thus explained 
 by the first Recorder of Rupert's Land, Mr. Thom {g) : 
 •' Assiniboia is the common name of two very different dis- 
 tricts, the judicial and the municipal. Li the Honourable 
 Company's resolutions of 1839, for the appointment of a 
 governor, a council, and two sheriffs, the judicial district is 
 described to be such portion of Lord Selkirk's original grant 
 as may be within Her Majesty's dominions; whereas in the 
 local regulations of 1841, the municipal district is limited 
 to a circle of a hundred miles in diameter, with the Forks 
 as a centre. " Of the judicial district thus 
 
 defined, the municipal district forms hardly an eighth part 
 and it would have been manifestly absurd and preposterous 
 to extend our local regulations over so wide and wild a 
 surface." 
 
 While all the allotments of Lord Selkirk or his executors 
 were comprised within the municipal district, yet possibly 
 some of the later grants of the Company were outside of it. 
 It will be observed that a portion of the Earl's domain lay 
 within the territory of the United States, and his grant was 
 inoperative to that extent. The error arose from ignorance 
 as to the international boundary, the exact location of 
 which was not established till many years after, when Fort 
 Daer (Pembina), which was found to be beyond it, had to 
 be abandoned. 
 
 {g) Charge to the Grand Jury of Assiniboia : 20 Feb. 1845 ; London, 
 1848.
 
 company's land tenures. 9 
 
 It is only reasonable to assume that Governor McDon- 
 nell at once allotted to the settlers who accompanied him 
 their respective lands and pursued the same course towards 
 those who came later ; in fact, he states that "the emigrants 
 that arrived last from Sutherlandshire, after seeing the 
 country and being put in possession of their different allot- 
 ments of land, were so pleased with the flattering prospect 
 before them that they wrote home to their friends," etc. 
 (h) It also appears that in the summer of 1813 or 1814, "the 
 surveyor of the colony, in laying out some lots for settlers, 
 insisted upon running one of his lines through the middle 
 of the garden of the ISTorth-West Company's post, which 
 after some opposition was submitted to."(z) 
 
 In his prospectus ij) of the colony, Lord Selkirk had 
 announced that to the " settlers lands will be disposed of, 
 either in the loay of sale or lease in perpetuity, at the option 
 of the settler, on terms very encouraging to him," etc. The 
 settler was to be provided with a free passage for himself 
 and family, at an estimated cost of £10, and the price of the 
 land was "to be 105. per acre, if sold, or if leased in perpet- 
 uity, Is. per annum ; every family of settlers may be expec- 
 ted to take up at least 100 acres. They are allowed some 
 accomodation of time for the payment, and 100 acres at the 
 above rate will amount to £50, a nett advantage of £40 
 after reimbursing the charge of bringing in the settlers. If 
 he should prefer leasing, his rent will in two years repay 
 the charges and will remain afterwards as a clear income 
 to the Proprietor." 
 
 The settlers, however, encountered considerable oppo- 
 sition at the hands of the North-West Company of Mon- 
 treal and differences arose between Governor McDonnell 
 and the representative of that company, which resulted in 
 the serving by McDonnell of the following notice : 
 
 {h) Report 1819, p. 28. 
 
 (^) Ibid, p. 159. 
 
 (j) Narrative of Occurrences, App. p. 5. London, 1817.
 
 10 THE Hudson's bay 
 
 District of \ To Mr. Duncan Cameron, acting for the North-West 
 AssiNiBOiA. f Company at the Forks of the Red River : 
 
 Take notice, That by the authority and on the behalf of your land- 
 lord, the Right Honourable Thomas Earl of Selkirk, I do hereby warn 
 3-ou, and your associates of the North-West Company, to quit the post 
 and premises you now occupy at the Forks of the Red River, within six 
 calendar months from the date hereof. 
 
 Given under my hand at Red River Settlement this 21st day of 
 
 October, 1814. 
 
 (Sgd) Miles McDonnell, {k) 
 
 The North-West Company refused to recognize this 
 claim to the soil and the differences between the companies 
 soon terminated in open violence, resulting eventually in 
 the deplorable massacre of Seven Oaks on June 19th, 1816. 
 During these conflicts the settlers were frequently disturb- 
 ed in the possession of their allotments and it was not till 
 the summer of 1817, after the proclamation of the Prince 
 Regent, [l) commanding the contending parties to abstain 
 from all further acts of hostility and restore mutually the 
 places and property captured from each other during their 
 recent disputes and remove all blockade or other obstruc- 
 tion interposed by them to the freedom of trade and inter- 
 course with the Indians, and after the arrival of Commis- 
 sioner Coltman and Lord Selkirk that they were left in 
 undisturbed occupancy of their river farms. 
 
 Lord Selkirk, during his stay at Red River, took steps 
 to settle the colonists on their lands in a permanent man- 
 ner. Mr. Ross (w) relates the way in which this was done. 
 
 " His Lordship assembled the emigrants at a public 
 meeting on the west bank of Red River some two miles 
 below Fort Garry, and in consideration of the hardships, 
 losses, and misfortunes they had from time to time suffered, 
 he made them several concessions. To some, who had lost 
 th^ir all, he made a grant of land, comprising twenty-four 
 ten chain lots, in free soccage, the holders merely conform- 
 
 {k) Report 1819-10. 
 
 (I) Trials-Report of, at York, 1819, Appendix 2. Rep. 1819, p. 94. 
 
 (m) Red River, p. 42.
 
 company's land tenures. 11 
 
 ing to the conditions laid down in the deed of feoffment 
 granted by the Hudson's Bay Company to the Earl. 
 These lots were the only free lands granted to emigrants in 
 the colony. They had lately been surveyed and marked 
 off by Mr. (Peter) Fidler, on the left bank of the river, and 
 two of them (Nos. 3 and 4) were designated by his Lord- 
 ship as the sites respectively of a church and school for the 
 colony. ' Here,' said his Lordship, — pointing to the lot 
 No. 4, on which the company stood — 'here, you shall build 
 your church, {n) and that lot,' said he again, pointing to the 
 next, being No. 3, 'is for a school.' Between the church 
 and school lots there runs a small rivulet, called the Par- 
 sonage Creek."(o) 
 
 Ross also states {p) : 
 
 The lots alluded to, as the document (7) informs us, and which 
 we shall transcribe for future reference, " are laid out along a line 
 run by Mr. Fidler in the direction North 12° East, or thereby ; 
 lot No. 1 commencing at the distance of one mile, or thereby, from 
 Fort Douglas," which fort was, at that time, situate on the south 
 side or head of the point; "and lot No. 24 ending at Frog Plain. 
 Each lot has a front of 10 chains, or 220 yards, a little more or less, along 
 the said main line, except lot No. 12, which has only 5 chains. The div- 
 ision lines between the lots are at right angles to the main line, and are 
 marked off' towards the river by lines of stakes. Each lot is to extend to 
 the distance of 90 chains, or 1,980 yards back from the river, so as to con- 
 lain 90 English statute acres, besides which, each lot is to have a separate 
 piece of woodland, containing 10 statute acres, to be laid off" on the east 
 side of the river, at any place which the Earl of Selkirk or his agent shall 
 consider as most suitable for the purpose. These 10 acres are to be pre- 
 served by the occupier as wood-land, and not to be used for any other 
 purpose. Till this wood-land be measured and marked off, the occupiers 
 of the aforesaid lots will be allowed to take wood for building or fire-wood 
 
 (n) Where St. John's Cathedral now is. 
 
 (0) This creek crosses the main highway a little south of the new St. 
 John's College, and falls between high banks into the Red River. 
 
 ip) Pp. 43-4. 
 
 (7) It is not stated what the "document" was, but it may be gathered 
 from the following extract that it was a sort of formal declaration on the 
 part of the Earl as to what his intentions were in regard to the lands of 
 the settlers in general, and a recognition of the special claims of some of 
 them.
 
 12 THE Hudson's bay 
 
 from any place most at hand on the opposite side of the river. In case of 
 the lands on the opposite side of the river being laid out in lots for settle- 
 ment, the settlers in possession of the aforesaid 24 lots, shall have the first 
 offer of purchasing the lots opposite to their own, and they shall not be 
 disposed of at a cheaper rate to any stranger. 
 
 In consideration of the hardships which the settlers have suffered, 
 in consequence of the lawless conduct of the North-West Company, Lord 
 Selkirk intends to grant the aforesaid 24 lots gratuitouslj', to those of the 
 settlers who had made improvements on their lands, before they were 
 driven away from them last year ; provided always, that as soon as they 
 have the means, they shall pay the debts which they owe to the Earl of 
 Selkirk, or to the Hudson's Bay Company, for goods or provisions sup- 
 plied to them, or for other expenses incurred on their account. 
 
 (Signed) Selkirk. 
 
 Fort Douglas, Red River Settlement, 
 August, 1817." 
 
 About the same time Lord Selkirk concluded a 
 
 treaty with the Indians by which their title to that part 
 
 of the land occupied by the colonists was extinguished. 
 
 Ross (r) gives the full text of the treaty as follows : 
 
 This Indenture, made on the 18th day of July, in the fifty-seventh 
 year of the reign of our Sovereign Lord, King George the Third, and in 
 the year of our Lord 1817, between the undersigned Chiefs and Warriors 
 of the Chippeway or Saulteaux Nation, and of the Killistino or Cree 
 Nation, on the one part, and the Right Honourable Thomas Earl of Sel- 
 kirk on the other part. Witnessetii, that for and in consideration of the 
 annual jjresent or quit-rent hereinafter mentioned, the said Chiefs have 
 given, granted, and confirmed, and do by these presents give, grant and 
 confirm unto our Sovereign Lord the King, all that tract of land adja- 
 cent to Red River and Assiniboine River, beginning at the mouth of the 
 Red River, and extending along the same as far as the Grand Forks at 
 the mouth of Red Lake River, and along Assiniboine River as far as 
 Musk-rat River, otherwise called Riviere des Champignons, and extend- 
 ing to the distance of six miles from Fort Douglas (the first colony fort) 
 on every side, and likewise from Fort Daer (at Pembina), and also from 
 the Great Forks, and in other parts extending in breadth to the distance 
 of two English statute miles back from the banks of the said rivers, on 
 each side, together with all the appurtenances whatsoever of the said 
 tract of land, to have and to hold for ever the said tract of land, and ap- 
 purtenances, to the use of the said Earl of Selkirk, and of the settlers 
 being established thereon with the consent and permission of our Sovere- 
 ign Lord the King, or of the said Earl of Selkirk. Provided always, and 
 
 (r) Pp. 10-2. ~ ~
 
 company's land tenures. is 
 
 these presents are under the express condition, that the said Earl, his 
 heirs, and successors, or their agents, shall annually pay to the Chiefs 
 and Warriors of the Chippeway or Saulteaux Nation the present, or quit- 
 rent, consisting of one hundred pounds weight of good merchantable 
 tobacco, to be delivered on or before the tenth day of October at the 
 Forks of Assiniboine River : and to the Chiefs and Warriors of the 
 Knistineaux or Cree Nation a like present, or quit-rent, of one hundred 
 pounds of tobacco, to be delivered to them on or before the said tenth 
 day of October, at Portage de la Prairie, on the banks of Assiniboine 
 River. Provided always that the traders hitherto established upon any 
 part of the above-mentioned tract of land, shall not be molested in the 
 possession of the lands which they have already cultivated and improved, 
 till his Majesty's pleasure shall be known. 
 
 " In witness whereof, the Chiefs aforesaid bave set their marks at 
 the Forks of Red River, on the day aforesaid. 
 
 (Signed) "Selkirk." 
 
 Signed in the presence of Thomas Thomas ; James Bird ; F. Matthey, 
 Captain ; P. D' Orsonnens, Captain ; Miles Macdonnell ; J. Bste. Chr. de 
 Lorimier ; Louis Nolin, Interpreter ; and the following chiefs, each of 
 whom made his mark, being a rude outline of some animal. 
 
 MOCHEWHEOCAB 
 
 (Le Sonnant). 
 
 Mechudewikonaie 
 
 (La Robe Noire). 
 
 Pegowis. 
 
 OUCKIDOAT 
 
 (Premier, alias Grandes Oreilles). 
 Kayajiekebienoa 
 (L'homme Noir). 
 
 It is alleged that tlie meaning of the distance of two 
 statute miles mentioned in the indenture was conveyed to 
 the Indians hy stating that they granted to the " Silver 
 Chief" — Lord Selkirk — so much land back from the river 
 as there would be at the farthest distance therefrom at 
 which you could distinctly see a horse on the level prairie, 
 or daylight under his belly between his legs. It is open to 
 doubt whether the treaty so concluded was not incorrectly 
 concluded by admitting the claim of the Saulteaux or 
 Chippeway to an interest in the soil, whereas the Crees and 
 Assiniboines (an offshoot of the Sioux) were the owners of 
 the country so far as such wild people can be deemed 
 owners, and the Saulteaux had not entered into the Red 
 River country before 1780, when they were introduced 
 thereto in the service of the North-West Company. (5) 
 
 (s) Ross, p. 13. Hargrave, Red River, pp. 76-7.
 
 14 THE Hudson's bay 
 
 But it is not necessary to further consider this ques- 
 tion of the Indian title a right apt to be considered by 
 civilized intruders on barbarous and ill defined territories 
 as not a legal but a moral one barely entitling the inhabi- 
 tants to some scant and tardy measure of consideration — as 
 the claims of the Indians and half-breeds were ultimately 
 investigated and allowed for by the Dominion Government 
 on the transfer of Rupert's Land as will be hereafter men- 
 tioned. 
 
 Having seen, then, the settlers established in Assiniboia 
 and holding under titles granted by the Earl of Selkirk, 
 the grantee of the Company, and passing over for the pre- 
 sent the investigation of the nature of such titles, it is 
 necessary to determine for what period of time the Earl or 
 his agents continued to grant lands to the settlers. 
 
 Under these grants, whatever they were, these settlers 
 from the beginning took and (save interruptions before 
 referred to) continued in possession of their farms. After 
 the death of Lord Selkirk in 1820, and until 1824, his 
 executors continued to deal with the colony as he or his 
 agents had done before, but since the latter date its affairs 
 had been entrusted to the Company's officers by the 
 executors.(<) The settlement had cost the deceased 
 nobleman, or his estate, a very large amount of money 
 " from first to last " says Ross "no less a sum than 85,000L 
 sterling ; an amount the colony would not have realized 
 had it been sold off at auction, even twenty years after it 
 was founded." {u) 
 
 (t) Ross, p.l55. (u) Ross, p. 171.
 
 company's land tenures. 15 
 
 CHAPTER 11. 
 
 Of the Possession of Assiniboia by the Hudson's Bay 
 
 Company. 
 
 The result of the Earl's scheme of settlement having 
 proved so disastrous, negotiations were accordingly set on 
 foot for a transfer of the colony to the Company. This 
 was eventually effected, and the Company purchased from 
 the executors in the year 1835 or 1836 all the interest of 
 the Selkirk estate in the same and became the sole 
 ovrners of the District of Assiniboia, thus revesting in 
 themselves their old title thereto. It is only natural tc 
 assume that a transaction of such magnitude would be 
 evidenced by indentures of some description but recent 
 enquiry from Mr. Armit, the secretary of the Company in 
 London, elicited the strange fact that the directors were 
 unaware of any conveyance or relinquishment whatsoever 
 from or by the executors to the Company, nor could he 
 furnish the date on which the Company resumed possession 
 of the colony, if indeed any formal resumption took place 
 or were necessary under the exceptional circumstances of 
 the District being under its control at the time. 
 
 It is unfortunate that this very important date of the 
 
 re-possession of Assiniboia cannot be accurately determined 
 
 in the absence of original documentary evidence, for that 
 
 which is available is conflicting. Ross {v) says : 
 
 For the first ten or twelve years, it (the colony) was under the man- 
 agement of Lord Selkirk's authority, as lord paramount ; and after that 
 in consequence of his death, it fell into the hands of his Lordship's 
 executors, who found it convenient to transfer the government of its 
 affairs into the hands of the Company, as noticed in the last chapter. 
 
 {v) Ibid, p. 170.
 
 16 THE Hudson's bay 
 
 This arrangement lasted about twelve years more, till the present time 
 (1835), when we have to regard it as the property of the Hudson's Bay 
 Company by right of {)urchase. 
 
 And further {w) : 
 
 Nor was it till many years after the settlement became virtually the 
 Company's own property, that the fact was made known to the people, 
 and then by mere chance. Till this eventuality the people were under 
 the persuasion that the colony still belonged to the executors of Lord 
 Selkirk, and were often given to understand so. 
 
 But Hargrave {x) assigns the date a year later : 
 
 In 1836 the Hudson's Bay Company repurchased from the heirs of 
 Lord Selkirk the whole tract of country ceded to his Lordship in 1811. 
 This step was taken as the best means of putting an end to the complica- 
 tions arising from the tenure of the country by Lord Selkirk's represen- 
 tatives. The sum paid by the Company was about £84,000, and was 
 meant to reimburse Lord Selkirk's heirs for the large sums his Lordship 
 had spent in improving and settling the colony. This transaction was 
 without prejudice to the interests of all colonists who had purchased land 
 between 1811 and 1836. 
 
 The Rt. Hon. Edward Ellice, M.P., a man all powerful 
 in the councils of the North-West and Hudson's Bay Com- 
 panies and " perfectly acquainted with the constitution of 
 both," in his evidence before the House of Commons Com- 
 mittee in 1857, speaking of the purchase from Lord Selkirk, 
 said : {y) 
 
 The Hvidson's Bay Company have a large mass of property (Red 
 River Settlement) which they repurchased from Lord Selkirk in 1836 for 
 a considerable sum of money. They thought it better to extinguish Lord 
 Selkirk's right, and not to have separate interests in the country. 
 
 And again : 
 
 Q. 5985. In the same statement which has been laid before this 
 Coinmittee, I observe an item of 84,111/. paid to Lord Selkirk for the Red 
 River settlement ? 
 
 A. That is the money actually paid to Lord Selkirk, with interest 
 added to it. The honourable gentleman is aware that when merchants 
 make a purchase they open an account, and they debit to that account 
 the money which the estate cost them, and they add the interest, and 
 deduct any revenue or receipt which they have had from it since ; and 
 the 84,000L is the balance of such an account. 
 
 {w) Ibid, p. 173. {x) Red River, p. 80. (y) Report from Select 
 
 Committee on the H. B. Co., 1857, ^ 5839, 5931,
 
 company's land tenures. 17 
 
 Q. In 1836, as you have already stated to the Committee ? 
 
 A. Yes. 
 
 Q. Chairman — Rt. Hon. Henry Labouchere.] Deducting your pro- 
 fits ? 
 
 A. Yes. I am afraid there are no profits ; it is the accumulation of 
 interest. 
 
 Before the same committee, Sir George Simpson, who 
 had at that time been for 37 years the Governor over the 
 whole of the Company's territories and affairs in North 
 America, gave still another date as that of the repurchase : 
 
 Q. 1776. Previously to 1834 the Red River Settlement belonged to 
 Lord Selkirk, did it not ? 
 
 A. Yes. 
 
 Q. It had been sold a long time previously by the Hudson's Company 
 to his Lordship for the purposes of colonization ? 
 
 A. Yes. 
 
 Q. He re-transferred it to the Company in 1834 ? 
 
 A. Yes. 
 
 Q. And you paid his Lordship for that acquisition ? 
 
 A. Yes. 
 
 Sir Edmund Head, Bart., Governor of the Company, 
 writing (z) on November 11, 1863, in reply to the Duke of 
 Newcastle's suggestion as to the introduction of the direct 
 authority of the British Government in Rupert's Land, said: 
 
 In 1834 the Hudson's Bay Company repurchased this district (Assi- 
 niboia) from Lord Selkirk for a consideration estimated at upwards of 
 £80,000. 
 
 But that 1836 was considered by the Canadian Govern- 
 ment in 1873 as being the correct date may be inferred 
 from the Act, 36 Vic. cap. 37. This made provision for 
 the Lieutenant-Governor of Manitoba setting aside lots or 
 tracts of land in that province, not exceeding in the whole 
 forty-nine thousand acres, for the purpose of making free 
 grants thereof to such persons then resident in the province 
 as were original white settlers who came into the Red 
 River country under the auspices of Lord Selkirk between 
 the years one thousand eight hundred and thirteen and 
 thirtj-Jive, both inclusive, or children of such original set- 
 tlers not being half-breeds. 
 
 {z) Hudson's Bay Co., Corre>jpondence etc., London, 1869, p. 26,
 
 18 THE Hudson's bay 
 
 Even were Sir George Simpson's statements before the 
 Select Committee generally entitled to weight, and it is 
 well known that they were not, in a matter of dates such 
 as this his memory would be very apt to be defective and 
 not at all as liable to be correct as the deliberate assertion of 
 Hargrave, who for many years held a very responsible posi- 
 tion in the Company's service at Fort Garry, where he had, 
 as he tells us truly in his preface, " constant recourse to 
 documents connected with the government," and " care- 
 fully consulted authorities on every point in which doubt 
 rested on [his] mind." Ross gives no reason for fixing 
 the date at 1835, and his manner of stating the fact is 
 rather loose, and the same remark applies to Sir Edmund 
 Head's letter. 
 
 In favour of 1836 we have Mr, Ellice's positive state- 
 ment, and he was in the best position to know the truth, 
 Hargrave's corroborative testimony, and lastly the pro- 
 vision of the Act of Parliament formally recognizing the 
 rights of the Earl's settlers up to 1836, being between 1813 
 and 1835 inclusive, and this exactly corresponds with that 
 provision of the Earl's will which directed his executors 
 immediately after his death (1820) to enter into possession 
 of his lands but not to hold them for a period exceeding 
 fifteen years. The eftect of all the above evidence may 
 be fairly taken to be that, though there is ample proof 
 of the very day on which the Earl took possession (a) of 
 
 (a) Ante, p. 7 ; and also the following certificate of Peaceable Pos- 
 session given by the H. B. Co.'s officers at the Forks : — 
 
 Be it remembered that on the fourth day of September, in the year 
 one thousand eight hundred and twelve, at the Fork of Red River peace- 
 able and quiet possession of the land and hereditaments by the within 
 Indenture [ante, p. 7) granted and enfeoffed or otherwise assured or 
 expressed and intended so to be was taken had and delivered by the 
 within named William Hillier, one of the attornies for that purpose 
 appointed, unto the within named Miles Macdonnell, Esquire, w^ho was 
 duly authorized to receive the same to and for the use of the within 
 named Earl of Selkirk, his heirs and assigns according to the form and 
 effect of the within written Indenture, in the presence of 
 
 (Sd.) Jno. McLeod, 
 
 (Sd.) RoDK. McKenzie. — Mss.
 
 company's land tenures. 19 
 
 Assiniboia, yet the date of the relinquishment of the same 
 by his executors to the Company is uncertain and only 
 probable, though in default of any better evidence the year 
 1836 must hereafter in these pages be taken as the correct 
 one. 
 
 The Company after having got sole control of Assini- 
 boia granted a large number of lots and parcels of land to 
 their own servants and to strangers, the nature of which 
 grants and the legal effect thereof will be inquired into in 
 a following chapter. 
 
 The negotiations by the Canadian Government for the 
 acquisition of Rupert's Land and the Indian (North-West- 
 ern) Territories and the extinguishment of the rights of 
 the Company therein culminated in the surrender by the 
 Company to Her Majesty on the 19th jN"ovember, 1869, 
 but subject to certain terms and conditions, of all its 
 " rights of government, and other rights, privileges, liber- 
 ties, franchises, powers and authorities granted or purport- 
 ed to be granted to " it by its charter " and also all similar 
 rights which may have been exercised or assumed by the 
 said Company in any parts of British North America not 
 forming part of Rupert's Land, or of Canada, or of British 
 Columbia, and all the lands and territories (except and sub- 
 ject as in said terms and conditions mentioned) granted or 
 purported to be granted to the said Governor and Com- 
 pany by the said Letters Patent." 
 
 This deed of surrender {h) was duly accepted by Her 
 Majesty on the 23rd June, 1870, and by order-in-council 
 of the following day it was declared that from and after the 
 fifteenth day of July, 1870, Rupert's Land and the JS^orth- 
 Western Territories should, upon certain terms and condi- 
 tions, be admitted into and become part of the Dominion of 
 Canada. The terms and conditions numbered fifteen (c), 
 
 (6) Copy in Statutes of Canada for 1872, p. Ixxvii. 
 (c) Ibid, p. Ixv.
 
 20 THE Hudson's bay 
 
 but the only ones which concern the subject under discus- 
 sion are the following : 
 
 10. All titles to land up to the eighth day of March, 1869, conferred 
 by the Company, are to be confirmed. 
 
 11. Any claims of Indians to compensation for lands required for 
 purposes of settlement shall be disposed of by the Canadian Government 
 in communication with the Imperial Government ; and the Company 
 shall be relieved of all responsibility in respect of them. 
 
 In the same order-in-council and deed provision was 
 made for the retention by the Company of their posts and 
 adjoining blocks of land, and the one-twentieth part of the 
 Fertile Belt.
 
 company's land tenures. 21 
 
 CHAPTER III. 
 
 Of the Allotment of Lands by Lord Selkirk to His 
 Settlers and the Estates Granted them Therein. 
 
 In the first chapter the establishment of the earlier 
 settlers upon their lands has been referred to, but only 
 incidentally. In order, therefore, to more fully comprehend 
 the nature of the titles granted to the colonists it will be 
 advisable in the present one to consider briefly the cir- 
 cumstances under which the several classes of settlers were 
 brought to Assiniboia, the promises made to them by 
 Lord Selkirk relating to their lands, and their numbers 
 and location in the settlement, so far as these facts may, 
 at this distance of time, be ascertained. 
 
 At the outset difficulties of no ordinary character have to 
 be encountered in the satisfactory solution of these matters 
 and the cause of these difficulties is found in the fact 
 that the public documents of the settlement were destroy- 
 ed in a most iniquitous manner in 1822 by Alexander 
 McDonell, the then Governor of Assiniboia. " This 
 worthy," says Ross(f?), "took ample revenge on the Scotch 
 " settlers by destroying or carrying off all the papers, 
 " whether public or private, that had been intrusted to 
 " him. Among the documents thus lost to the colonists 
 " for ever were all the papers containing promises made to 
 " them, at different times, by Lord Selkirk, in considera- 
 " tion of their hardships, and other public documents of 
 " value." 
 
 It is not therefore strange that many members of the 
 legal profession of Manitoba, coming, as the great majority 
 
 (d) p.cy.
 
 22 THE Hudson's bay 
 
 of them do, from other provinces of Canada, and find- 
 ing that nearly every title which they are called upon 
 to investigate is grounded on a recent grant from the 
 Dominion Government, should ignore the real root of the 
 same and hastily assume that it was derived from the 
 Crown direct, or at the most, from the Hudson's Bay Com- 
 pany under the Manitoba Act. In one sense such a view 
 would be correct, as Lord Selkirk himself derived from the 
 Company and therefore all the titles in the country are the 
 Company's titles, but the distinction lies in this, that differ- 
 ent titles might be and were granted under each of the 
 regimes of the Earl and the Company. 
 
 Fortified by some of the evidence given by certain wit- 
 nesses before the British Parliamentary Committee in 1857, 
 and, regrettably, by some loose and ill considered obiter dicta 
 of certain of the Manitoba bench, the idea became preval- 
 ent that the titles derived from the Company were invari- 
 ably leaseholds, with perhaps one exception, and the fact 
 was not considered that, even if such a supposition were 
 correct, there might have been other grants of a very 
 difierent nature. 
 
 That Lord Selkirk himself proposed to grant estates of 
 freehold to his settlers is plainly shown by his prospectus, 
 wherein, it will be remembered, he announced that " set- 
 "■ tiers' lands will be disposed of, either by way of sale or 
 " lease in perpetuity," the price " to be 10s. per acre if sold, 
 " or if leased in perpetuity Is. per annum ; every family of 
 " settlers may be expected to take up at least 100 acres. 
 " . . . If (they) should prefer leasing the rent will in 
 " two years repay the charges and will remain afterwards 
 " as a clear income to the proprietor," and the Earl was 
 particular to point out to the people of means whom he 
 endeavoured to enlist in his scheme, that " the difference 
 " between buying land at Id. or 2d. per acre and selling at 
 " 8s. or 10s. is very palpable and does not seem to require
 
 company's land tenures. 23 
 
 " much comment." It is most unreasonable to suppose that 
 any settler would "prefer" a leasehold to a freehold, es- 
 pecially in a new country, and where, as in this instance, 
 their lands might be paid for in produce(e). Ross and 
 Gunn both concur in stating that each settler was to have 
 100 acres of land assigned to him as contemplated by the 
 prospectus, but the price charged per acre was subsequent- 
 ly fixed at five, instead of ten shillings. Following out 
 this intention of granting freeholds Ross (/) records the 
 formal gift, at a public meeting, by the Earl, of twenty-four 
 ten chain lots, except ITo. 12 which had only 5 chains, 
 in free soccage, and gratuitously, on the left bank of 
 the Red River, according to Peter Fidler's survey, 
 to certain of the settlers who had made improvements on 
 their lands before being driven away by the Nor'-Westers, 
 as a recompense for the hardships they had undergone. 
 These twenty-four lots are numbered and shown plainly 
 on plan No. 3 appended to the Parliamentary Return of 
 1819. Mr. Amos also accompanies his " Report of Trials, 
 etc.," with even a better plan of the settlement as it was 
 in June, 1816. By referring to a prior page (g) it will be 
 seen that Mr. Fidler made his survey in 1813 or 1814. The 
 names of the occupants might not be very hard to ascer- 
 tain as, for example, we learn by the Return last mentioned, 
 at pages 185-7, that " Alexander McBeath, an old soldier, 
 formerly of the 73rd regiment," occupied lot N^o. 3, Alex- 
 ander Sutherland No. 12, the father of Alexander and 
 William Bannerman No. 21, and Alexander Murray No. 23. 
 Gunn (A) goes farther than Ross and says that " each head 
 " of a family was put in possession of one hundred acres of 
 " land . . free of all charges." 
 
 (e) Gunn, History of Manitoba, Ottawa, 1880, p. 200 ; Ross, 30. 
 (/) Ante pp. 10-12 ; Gunn, 200. 
 (g) P. 9. 
 (h) P. 201.
 
 24 TUE Hudson's bay 
 
 Mr. Halkett (z), one of Lord Selkirk's executors and sub- 
 sequently their agent at Red River, states(j) that "the heads 
 " of families as they arrived were put in possession of 
 " regular lots of land which they immediately began to 
 " cultivate," but he does not mention the size of the lots 
 given them. 
 
 George Campbell, one of the settlers who arrived at 
 Churchill in the autumn of 1813 and proceeded to Red 
 River in the spring of 1814, says that on the colonists 
 " arrival at Red River one hundred acres of land were 
 " given to each settler, and that he and five or six other set- 
 " tiers were furnished with horse8(/L')." The Hon. Wm. Mc- 
 Gillivray says {I) that Lord Selkirk received money in 
 Scotland from intending settlers "to account for it in land 
 " at the rate of 55. per acre." 
 
 (i) John Halkett, a younger son of Sir John Halkett, Bart., mar- 
 ried, in 1815, Lady Katherine Douglas, a sister of the Earl of Selkirk. 
 
 (./) Statement, etc., supra, p. 4. 
 
 It might be well to keep in mind the numbers of the settlers. 
 Halkett says, p. 3, " At the beginning of the year the settlement consisted 
 of about one hundred j^ersons (some Irish but mainly Highland Scotch.) 
 In June, 1814, they received an addition of fifty more, and in September 
 following the total number of settlers and labourers amounted to about 
 two hundred. In the course of the same year between eighty and ninety 
 additional emigrants" arrived at Hudson's Bay, but these latter and others 
 and some colony servants, in all about 160 persons, did not reach Red 
 River under the protection of Governor Robert Semple till November, 
 1815, after the first destruction of the colony by the Nor'-Westers in that 
 year, who had then also seduced away about 140 of the settlers to Canada. 
 (Report 1819, pp. 22, 24, 25.) The colonists who, refusing to go to Canada, 
 had been driven otf to Jack River (Norway House) in 1815, returned to 
 Red River on August 19 of that year under protection of Mr. Colin Rob- 
 ertson of the H. B. Co., who had with him about 20 clerks and servants. 
 (Report 174.) When the Earl of Selkirk arrived at Red River in June, 
 the year after the destruction of Governor Semple and some 20 of his 
 men, on June 19, 1816, there were left about 200 settlers, as near as may 
 be estimated. For a list of the settlers who went to Canada see appendix. 
 
 {k) Narrative, etc., supra, appendix p. 24. 
 
 (I) Ibid, p. 16.
 
 company's land tenures. 25 
 
 Hargrave states (m) that "the representatives of Lord 
 " Selkirk sold the land . . . at a nominal price varying 
 "from 55. to 7s. 6d. per acre." 
 
 Up till 1817, in speaking of settlers or colonists refer- 
 ence has been made to those from Scotland and Ireland, 
 but with the arrival of Lord Selkirk at Red River in the 
 summer of 1817, a new element was introduced. "When he 
 was in Montreal, in May, 1816, orders arrived for the re- 
 duction of the De Meuron(n), Watteville, and Glengarry 
 Fencibles regiments, amongst others, consequent upon the 
 peace with the United States. The De Meuron regiment 
 included many soldiers from the "Germans and Piedmontese 
 whom the conscription had forced to enter Buonaparte's 
 armies." These joined the regiment when it was station- 
 ed at Gibraltar in 1809 ; it was afterwards stationed at Malta 
 where it remained till 1813, from there going to North 
 America where it was disbanded as above mentioned. As 
 Mr. G. A. Fauche, a lieutenant of the De Meuron regiment 
 testifies. Lord Selkirk " wished to obtain a number of effi- 
 " cient settlers for his colony at the Red River (and) agreed 
 " with several of the officers and privates to accompany him 
 " for the purpose of settling there. His Lordship was very 
 " particular in his choice of the men, as none but those of 
 " the best character, and who knew some of the requisite 
 " and useful trades for the settlement would be accepted. 
 " Engagements accordingly were entered into between 
 " them and the Earl of Selkirk, who agreed to give the 
 " officers and men a portion of land. In addition to this 
 " the men were to receive agricultural implements, and to 
 " be paid at the rate of eight dollars per month for work- 
 " ing the boats to their destination. His Lordship further 
 " agreed that if the men on their arrival at the settlement 
 " should not wish to remain there, they should be sent 
 
 ' (m) P. 80. ' 
 
 (n) Called after Lt. Col. the Count de Meuron, a French Swiss, of 
 Neuchatcl : a large proportion of the regiment was Swiss.
 
 2G THE Hudson's bay 
 
 " back at his Lordship's expense to Montreal, or to Europe 
 " by the ships from Hudson's Bay. On the 4th of June, 
 " 1816, three officers(o), myself being the fourth, and 
 " about eighty men, left Montreal and proceeded to King- 
 " ston, in Upper Canada. The Watteville Regiment had 
 " been stationed at the latter place, and was also under 
 " orders to be disbanded. Twenty of that corps were en- 
 " gaged by Captain Matthey in the name of the Earl of 
 " Selkirk, upon the same conditions with those of the 
 " Regiment De Meuron"(2:>). 
 
 Mr. Halkett states {q) that a " few of the Glengarry 
 Fencibles, with one of their officers, also joined " Lord 
 Selkirk, and that he " entered into regular written agree- 
 ments with each " of these disbanded soldiers to the effect 
 stated by Lieut. Fauche. "When this party eventually ar- 
 rived at Red River, after the Earl's reprisals at Fort William 
 and elsewhere inflicted on the North-West Company, they 
 were partly located on Point Douglas, now in the City of 
 Winnipeg, which for that purpose was " surveyed (r) into a 
 ' number of lots, each containing a few acres and border- 
 ' ing on the river, a wide street running from the open to 
 ' the highway being set apart for their common use, 
 ' affording access to the common which lay beyond the 
 ' road, on which the settlers on the point had a right of 
 ' pasturage and of hay making. After Point Douglas had 
 ' been appropriated a number of his Lordship's troops 
 ' (sic) were still without land. These had to take land 
 ' on the east side of the Red River opposite to Point 
 ' Douglas. All were paid and rationed for a time by his 
 
 (o) Captains Frederick Matthey and P. D'Orsonnens ; Lieuts. Fauche 
 and de Graffenreid. 
 
 (p) Statement, supra, p. 60, and Lt. Fauche's account, appendix 
 [k.k.], where letters of recommendation in favour of the regiment are 
 quoted. 
 
 {(j) Statement, .wpra, p. GO; Gunn, 1G7 ; Ross, 41. 
 
 (r) Gunn, 199-200 ; tide plan with Amos' Trials.
 
 company's land tenures. ^7 
 
 " Lordship. The non-commissioned officers were settled 
 " on laud among the soldiers ; the superior officers lived at 
 " headquarters (Fort Douglas) and became members of the 
 " Colonial {sic) Council." Ross (s) writing to a similiar 
 effect says, " they were rewarded with small grants of land 
 " situate on a tributary stream, known as Riviere la Seine, 
 " entering on the east side of Red River, opposite to Point 
 " Douglas, which afterwards, in honour of them took the 
 " name of German Creek." This small river has since re- 
 verted to its original name and is now known as the Seine. 
 
 In the following year on the 16th July, 1818(s5), a third 
 class of settlers was introduced, that of the French Canad- 
 ian from Lower Canada. Several families arrived under 
 the charge of the Rev. Joseph Norbert Provencher, a most 
 estimable Roman Catholic priest, subsequently the first 
 bishop of St. Boniface, who was accompanied by Father 
 Severe Dumoulin. These few families of Canadian settlers 
 must not be confounded with the relatively large Roman 
 Catholic, and other more or less nomadic half-breeds who 
 had been sparsely scattered throughout the North- West for 
 at least a generation before, wherever in short the fur 
 traders took to themselves Indian women, that is, every- 
 where. 
 
 The Rev. Geo. Bryce, LL.D., state8(i) that these priests 
 took up their abode with the De Meurons as they " were 
 mostly Roman Catholics." But the De Meurons were not, 
 generally speaking, Roman Catholics but Protestants (<i), 
 and both Ross and Gunn agree that the Canadians went to 
 
 (s) Ross, 41. See two of these grants, those of F. D. Heurter and J. B. 
 Lagimoniere, referred to in the Earls conveyance of 1818 to the Roman 
 CathoUc Missson, post p. 36. 
 
 (■ss) Ross, 48 ; Tlie French Element in the North- West, p. 9, by Father 
 Lewis Drummond, S. J., Winnipeg, 1887. 
 
 (/) The Old Settlers of Red River, p. 3, Winnipeg, 1885, a pamphlet. 
 
 {it) Ross, 57 ; Gunn, 218 ; Rev. John West's Journal at Red River, p. 
 60, London, 1824.
 
 ^8 THE Hudson's bay 
 
 Pembina, then deemed to be British territory, in the autumn 
 after they arrived, and were there settled, or a great part 
 of them, for upwards of four years(w). The latter author- 
 ity states that " the French families took land at Pembina 
 " where they intended to go into farming operations. Here 
 " a number of their countrymen, with their half-breed 
 " families, built their huts or pitched their wigwams, 
 " forming a village of considerable size, with its two 
 " priests and chapel, having, at least outwardly, the ap- 
 " pearance of civilization and comfort." Ross says also (v) 
 that the Canadians were joined at Pembina "by half-breeds, 
 " hunters and others with the addition of whose numbers 
 " they formed a snug little settlement, so that a Catholic 
 " church was built and houses erected." In 1822 doubts 
 arose as to the exact whereabouts of the international boun- 
 dary and at the suggestion of Mr. Halkett, the Earl's agent, 
 for this and other reasons. Governor Bulger induced most 
 of the Pembina settlers to transfer themselves to the older 
 settlement at the Forks in the summer of that year, and 
 the Company's Fort was abandoned in the spring of 1823. 
 The United States military expedition, under the command 
 of Major Stephen H. Long, arrived at Pembina in August 
 of the latter year with the main object of determining the 
 49th degree of latitude(?«), and the result of the observations 
 was " that the whole of the settlement of Pembina, with 
 "the exception of a single log house, standing near the left 
 "bank of the river [was] included in the territory of the 
 " United States." About three hundred and fifty people, two 
 thirds half-breeds, the rest Swiss and Scotch, preferred to 
 remain at Pembina under the protection of the United 
 States government. 
 
 {u) Ross, 48-9; Gunn, 207, 214. 
 {v) Ross, 75. 
 
 {w) Narrative of an Expedition to St. Peter's River, etc., vol. 2, pp. 2, 
 38, 39, 42, 43, 227, by William H. Keating, London, 1825.
 
 company's land tenures. 29 
 
 Before this date, in November 1821(:r), there had 
 arrived at Red River, by York Factory, a fourth class of 
 settlers brought out by Lord Selkirk from the cantons of 
 Svvitzerland(2/), mostly of the poorer class, mechanics and 
 artizans, ill adapted for an agricultural life. These people 
 to the mumber of 177 {z) dispersed themselves among the 
 De Meurons (a) who intermarried largely with them, but 
 when the winter came on they were forced to go to Pem- 
 bina, most of them returning the following spring as 
 already related. Lord Selkirk through his agent Col. May, 
 late of the Watteville regiment, had promised free grants 
 of land, and various farming necessaries on a three years 
 credit, to all heads of families and unmarried adults. The 
 cantons from which they came were the French-speaking 
 ones of [N'euchatel, Vaud and Geneva and the German- 
 speaking one of Berne(6). At the time of their arrival, 
 or very shortly afterwards, a formal agreement was entered 
 into between the settlers at large and Lord Selkirk's agent 
 at Red River specifying the duties of the former in regard 
 to the colony. The agreement, according to the Rev. 
 Professor Bryce(c), contained the signature of 49 settlers, 
 twenty-five De Meurons or Swiss and the remainder 
 Highlanders and Norwegians. This very valuable pub- 
 lic document, engrossed on parchment, eleven feet long and 
 one and a half wide, was most unfortunately allowed to be 
 taken out of this country by its reputed owner (?) Geo. S. 
 
 (x) West, p. 68. 
 
 (y) Ross, 57 ; Gunn, 217-9. 
 
 (2) Rev. John West's entry in church registers of St. John's, quot- 
 ed in C. N. Bell's Selkirk Settlers, p. 29. 
 
 (a) West, 69 ; Gunn, 218, 231, 239. 
 
 {b) The Red River Colony, by Gen. Augustus L. Chethiin, a son of 
 Louis Chetlain, one of the party, Chicago, 1893. They were Protestants 
 of the Reformed Lutheran Churcli ; many were descendants of Ilugenots 
 of Eastern France. For a list of the names of these settlers iide appendix. 
 
 (c) The Old Settlers of Bed River, p. 4.
 
 30 THE Hudson's bay 
 
 McTavi8h((/), now or lately of Spokane, State of Washing- 
 ton, U.S.A., 80 it cannot be ascertained if there were 
 any agreement in regard to the subject of this inquiry, the 
 colony lands. 
 
 In the spring of 1822 some five families of the Swiss 
 left Pembina for Minnesota instead of returning to the 
 Forks, and thirteen more families followed them in the 
 spring of 1823. In 1822 the various parties of settlers 
 were located approximately as follows : The Scotch in 
 what were subsequently the parishes of St. John and 
 Kildonan, their original settlement ; the De Meurons part 
 ly on Point Douglas but especially along the B-iver Seine ; 
 the Swiss with the De Meurons on the Seine ; " the 
 " French of all grades in one pari8h(e) up the main river," 
 afterwards known as the parish of St, ISTorbert and part of 
 St. Boniface, " and the half-breeds, under Mr, Grant, their 
 
 " chief, some twenty miles up the Assiniboine, 
 
 " at a place called ' White Horse Plains,' the Forks being 
 " the common centre of the three grand divisions." 
 
 A fifth class of persons, not settlers, but yet en- 
 titled to lands in Assiniboia under the terms of the Com- 
 pany's grant to Lord Selkirk, that is to say employees, 
 retired or otherwise of the Company, swelled the numbers 
 of the settlers considerably, till they reached 1,500 
 souls (/). After the coalition of the Hudson's Bay 
 Bay and North-West Companies the immense staff" of the 
 amalgamated Company was much reduced and in 1822 a 
 
 (d) Repeated application to Mr. McTavish has failed to obtain even 
 a copy of the document, though accompanied by an offer of payment of 
 expenses . If a copy can be obtained it will be given in the appendix. 
 This deportation of public documents by private individuals is deserv- 
 ing of severe censure. 
 
 (e) Ross, 81. Vide also plan of parishes in appendix to Imperial 
 Blue Book of 1869, in report of Exploration between Lake Superior and 
 R. R. Settlement ; also in II. Y. Hind's Red River Exploring Expedition, vol. 
 2, p. 172. 
 
 (/) Ross, 78.
 
 company's land tenures. 31 
 
 very large number, some hundreds, of former servants of 
 the Company, exceeding with their families the representa- 
 tives of all Lord Selkirk's colonists, came to reside at the 
 settlement {g) ; many of them were Orkneymen (A). Of 
 these employees a labourer, as a rule, says Gunn, was en- 
 titled to 100 acres, and on settling on an eight chain lot, 
 running 160 chains to the rear, and containing 128 acres, 
 instead of 90 acres as originally surveyed and allotted to 
 the first colonists, he was " given to understand that at 
 " some future time he would have to pay in produce for 
 " the extra twenty-eight acres at the rate of five shillings 
 " sterling per acre. Each clerk interpreter and guide was 
 " put in possession, for past services, of two or three eight 
 " chain lots." It has already been noticed (z) that no one 
 under the rank of Master of a trading post was to have 
 more than two hundred acres, nor of that rank over one 
 thousand acres. These grantees mainly settled in what were 
 afterwards known as the parishes of St. Andrew and St. Paul 
 (J), the former of which, in 1857, was the most populous of 
 all the parishes, receiving as it did constant additions from 
 retiring servants(/.:). 
 
 Such, then, were the numbers and location, as near as 
 may be now ascertained, of all the inhabitants at Red River 
 in 1822 who received allotments from Lord Selkirk or his 
 authorized agents. 'No other settlers who subsequent- 
 ly arrived, under any conditions, were entitled to grants 
 as a matter of right, from Lord Selkirk or his executors, 
 save of course, retiring servants of the Company, the 
 Swiss settlers being the last who came under his auspices, 
 he dying at Pau, in France, on April 8, 1820. On the 
 24th June, 1826, almost all the remaining Swiss, De 
 
 (g) Gunn, 225, 226. 
 
 (/t) Ross, 78, 110. 
 
 {i) Ante p. 6. 
 
 (i) Gunn, 239. 
 
 {k) Hind, supra, p. 197.
 
 32 THE Hudson's bay 
 
 Mcurons and some few others, to the niimher of 243 in- 
 dividuals, left the settlement and went to the States(/). The 
 lands vacated hy these people were occupied by the Cana- 
 dians, to whom it does not appear that Lord Selkirk made 
 any specific promise of individual lands though, as will be 
 seen later(m), he made a very large grant to their church 
 under whose auspices they were introduced, at his request, 
 into Red River. 
 
 As mentioned before in this chapter, and for reasons 
 there given, the Avriter has experienced the greatest diffi- 
 culty in obtaining documentary evidence of the tenures 
 under which the various colonists held their lands. Even 
 thirty-five years ago, in 1857, when Professor Hind visited 
 the settlement in command of the Canadian Exploring Ex- 
 pedition and made inquiry amongst the settlers for 
 title deeds, which he desired to assist him in ascertaining 
 certain lines of sections, he could get no information at all 
 from them. He tells us that he had heard that the Com- 
 pany had granted a certain form of lease, a copy of which 
 he had seen "through one of the resident clergy," but not 
 " in the hands of any one of the settlers of whom I made 
 " inquiries respecting their tenure, . . . and in no 
 " single instance could I find any half-breed, in possession 
 " of a farm, acquainted with its existence. In very many 
 " instances the settlers did not know the number of their 
 " lots, and had no paper or document of any kind to show 
 " that they held possession of their land from the Com- 
 " pany, or any other authority. . . . They knew they 
 " had paid a certain sum for their land or it had been 
 " given them in return for services, or that they had squat- 
 " ted upon it, and that they were in possession, but of title 
 " deeds or receipts they knew nothing. These remarks 
 
 (1) Gnnn, 251 ; Ross, 109; Chellain, 26. 
 (?/() Mdn p. 30 ct seq.
 
 company's land tenures. 33 
 
 " refer only to those from whom the information was 
 " souglit for the purpose mentioned above." 
 
 As a matter of fact it would appear that in the great 
 majority of cases no formal conveyance of any kind was 
 given, only in those where it was asked for it is likely 
 that it was granted, and the great bulk of the early set- 
 tlers being in the humblest walks of life and very illiterate 
 they would not be sufficiently alive to their own interests to 
 demand what they were justly entitled to ; in fact the 
 writer has been assured by many old settlers that such 
 was the case. This state of aflairs is evidenced by the 
 following public notice {71) : 
 
 Notice is hereby given, that the colony register is now prepared for 
 entry of title-deeds for land. Those of the settlers who have received 
 titles, will bring them for examination and registry the first time they 
 visit the Fort ; and those who have as yet received no titles, may have 
 them on application to the Governor at new Fort Douglas. 
 
 By order of the Governor. 
 
 Grant Foiirest, 
 Fort Douiikis, 20th January, 1825. Accountant. 
 
 The laxity of the system which prevailed is manifest 
 from this announcement which shows that though colonists 
 had been at Red River since 1812, it was not till thirteen 
 years after their arrival that they were in a position to have 
 their holdings duly recorded ! Though it might seem in 
 the face of these obstacles a hopeless task to look for docu- 
 ments relating to the settlers, yet the author has, aided by 
 several friends interested in this subject, been able to 
 get together not a few papers relating to lands in Red 
 River. The first of these in point of date is a contract of 
 service and agreement for a grant of land between one 
 
 (n) The notice above given is taken from a number of documents 
 read by Mr. C.N.Bell befoi-e the Historical and Scientific Society of Mani- 
 toba at Winnipeg on January 27, 1889; ride the 33rd Transaction of that 
 Society. It is much to be regretted that the historical value of these docu- 
 ments is much weakened by Mr. Bell's neglect to state at the time where 
 the originals were and in whose jjossession. He now states that they 
 were destroyed by fire in the autumn of 1890.
 
 34 THE Hudson's bay 
 
 "William McKay and the Company. It is given hereunder in 
 full as it is of curious interest and is moreover a very early 
 one, in fact the earliest that has so far been discovered (o). 
 
 (o) The original of this contract is in the possession of Mr. James 
 Taylor of Prince Albert, whose father was in the Company's service and 
 had a similiar contract. It is printed on the regular blank form of con- 
 tract adopted by the company for use in these cases ; the i^arts between 
 brackets are struck out in the original, the italics signify the written 
 portion. 
 
 IT IS HEREBY CONTRACTED AND AGREED 
 BETWEEN William McKay of (the Parish of) Hudson's Bay (and County 
 of) North America on the one Part, and the GOVERNOR AND COM- 
 PANY OF ADVENTURERS OF ENGLAND trading to Hudson's Bay, 
 on the other Part, That the said William McKay shall (embark, when re- 
 quired, on board such Ship or Vessel as the Committee of the said Com- 
 pany shall appoint, and shall proceed to the Settlements of the said Com- 
 pany) in Hudson's Bay, (and shall there,) for the term of Tliree Years, to 
 commence from the Day of the date hereof (his Embarkation,) perform all 
 such work as he shall be required to do, and obey all the Orders which 
 he shall receive from the Governor of the Factory or any other Officer 
 authorized by the said Company : And the said William McKay shall, 
 with Courage and Fidelity in his Station, defend the Property of the 
 Company, their Factories, and Territories, against all Enemies or oppon- 
 ents whatsoever. The said Wm. McKay shall not carry on any trade ex- 
 cept for the benefit of the Company and according to their Orders, and 
 in case he shall obtain any Goods by Barter with the Indians or other- 
 wise, the same shall be held by him in Trust for the said Company only, 
 and shall be delivered up to their officers when required. The said 
 Willia7n McKay further engages, that he shall not during his abode with- 
 in the Territories of the said Comjjany aid or abet any persons whatso- 
 ever who shall be engaged in any Trade within the Territoi-ies of the said 
 Company, contrary to their orders and to the Privileges conferred upon 
 them by their Charter ; but he shall, at all Times during his Residence 
 in the said Territories, maintain and defend the Rights and Privileges of 
 the Company, and shall to the utmost of his Power, aid, support, and de- 
 fend, the Officers appointed by the said Comjiany ; and shall obey the 
 Laws and Regulations enacted by the said Company for the good Govern- 
 ment of their Territories. 
 
 And, in Consideration of the aforesaid Services, the said Company en- 
 gage to pay to the said William McKay so long as he shall continue in 
 their Service, yearly Wages, after the Rate of Twenty-five pounds per annum, 
 the said William McKay to be emjdoyed as a Clerk, and to supply the said 
 William McKay for just and moderate Prices, with such articles as may 
 be necessary for his own use. (And after the Expiration of the aforesaid
 
 company's land tenures. 35 
 
 It will be remarked that if McKay served his three 
 years faithfully he would get one hundred acres of land 
 " to be held by the said William McKay and his heirs for ever 
 " under the same conditions of obeying the laws and regula- 
 " tions of the Company, and of not infringing the privileges 
 " granted to them by their charter." A number of contracts 
 made on the same printed form have been referred to and 
 there can be no doubt but that this was the regular agree- 
 ment made between the Company and its employees under 
 which lands were assigned in the settlement to such of 
 
 Term of Years, the said Company shall convey the said 
 
 back to Scotland, free of Exj^enses.) But if the said 
 William McKay shall have conducted himself to the full satisfaction of the 
 said Company, and shall desire to remain in their Territories, the said 
 Company shall assign to him One Hundred Acres of Land, to be held by 
 the said William McKay and his Heirs for ever, under the same conditions 
 of obeying the laws and Regulations of the Company, and of not infring- 
 ing the Privileges granted to them by their Charter. And it is further 
 agreed, That the said Company may dismiss the said William McKay 
 from their Service at any period when they shall see fit. (Provided al- 
 ways, that the said Company bring him back to Scotland free of expense.) 
 It is also agreed, That if the said William McKay intends to quit the Ser- 
 vice of the said Company at the Expiration of this Contract he shall 
 give Notice of his Intention to the Officer in authority over him, One 
 Year before ; or if the said William McKay be on an Inland Station, he 
 shall give Notice Eighteen Months before the Expiration of the present 
 Contract ; and in case he fail to give such Notice, the said William Mc- 
 Kay shall be held to have renewed his Engagement for another Year, on 
 the Terms and under the conditions herein contained, in the same man- 
 ner as if he had signed a new Contract. And it is further agreed, That 
 if the said William McKay shall fail to perform any of the Engagements 
 hereby contracted, he shall forfeit all the Wages and Advantages hereby 
 promised to him. IN WITNESS whereof, this Contract is signed and 
 sealed by the said William McKay and by Thomas Vincent duly authoriz- 
 ed by the Governor and Committee of the said Company. 
 
 Baled at Albany Factory the 
 Twenty-fifth day of June, 1813. 
 
 {Hyd.) William McKay. 
 
 {Sgd.) Thomas Vincent. 
 Witnesseth : 
 
 {Sgd.) William Thomas. 
 
 {Sgd.) James Skitter. 
 
 II. Causton & Son, Printers, Finch-Lane, London.
 
 80 TJiE Hudson's bay 
 
 tlium as had performed their agreement, both during the 
 rSgime of Lord Selkirk and of the Company. 
 
 Now tlie grantceH derived estates in fee simple under 
 tliese contracts, and, as lias heen seen, a very large propor- 
 tion of the titles in the settlenuiiit find a root in such allot- 
 ments to the retired servants of the Company. 
 
 A peculiarity of the contracts is that they do not state 
 ill what portion of the Company's territories the gnuits 
 shall be made ; as a matter of fact they were made at lied 
 River, but the point would be a nice one in case of an 
 attempt now to compel the Company to carry out the 
 agreement on their part and allot land to some of their 
 Ibrnier servants who, to the writer's knowledge, claim never 
 to have received such a grant. It is more or less a matter 
 of speculation, and possibly idle, to consider if a proper 
 ciiKC for relief were made out what a court of equity would 
 (H)mpel the Company to do. It would seem that the mat- 
 ter would largely turn on the time when the agreement 
 was entered into, for it could scarcely be contended on be- 
 half of the Company that a grant of one hundred acres, 
 say on an iron bound promontory of Hudson's Bay, would 
 be a sufKcient answer to their agreement to assign a re- 
 tired servant 100 acres "should he desire to remain in 
 their territories," for he would have no desire to remain 
 under such conditions. They would be probably directed 
 to conform as near as practicable to their undertaking. 
 The number of such claims is necessarily small as the 
 statute of Limitations would bar most of them. 
 
 The next document to be considered evidences the, for 
 many reasons, most important estate granted in Rupert's 
 Land. This is also an estate in fee simple and consists in 
 the cTonveyance by the Earl of Selkirk, by way of lease 
 and release (p), bearing date the 18th and 19th days of 
 
 THIS INDENTURE miulc tlio ciglilccntli day of May in tlic year of
 
 company's land tenures. 37 
 
 May, 1818, respectively, on certain trusts as therein men- 
 tioned, to the then Roman Catholic Bishop of Quebec and 
 
 Our Lord One tliousand eight Imiulred and eighteen, Between the Right 
 lloNoiTRABLii; Thomas Earl of Selkirk, of the first part ; 
 
 And the Kkiht Rkvkrend Joseph Octave Plkssis, Roman Catholic 
 liisHOP of the DiocKSE of Queihcc, Jean Henri Auguste Ronx, of Mon- 
 treal, in the District of Montreal, and Province of Lower Canada, Clerk, 
 Superior of the Seminary of Montreal at Montreal aforesaid, and Vicar 
 General of the said Diocese, Saveuse de Beaujeu, of Montreal, aforesaid, 
 Esquire, Ungues Ileney, of Montreal, aforesaid, Esquire, Advocate, Joseph 
 Norbert Provencher, and Severe Joseph Nicholas Dumoulin, of Mon- 
 treal, aforesaid, Clerks, of the second part ; 
 
 Witnesseth that the said party of the first jxirt for and in considera- 
 tion of the sum of five shillings of good and lawful money of the Prov- 
 ince of Lower Canada, to him in liand paid by the said Parties of the second 
 part, the receipt whereof is hereby acknowledged, hath granted, bargain- 
 ed and sold, and by these presents doth grant, bargain and sell unto the 
 said parties of the second part their executors administrators and assigns 
 a certain tract, piece or parcel of land, situate, lying and being in the 
 Territories granted to tlie Governors and Company of Adventurers of 
 England trading into Hudson's Hay to wit in Rupert's Land commonly 
 called the Hudson's iiay Territories, that is to say all that certain tract 
 piece or parcel of land situate lying and being on the East side of Red 
 River and bounded by a line beginning on the Right bank of Red River 
 aforesaid at the mouth of a small river known by the name of the Riviere 
 de la Seine and running in an easterly direction for the distance of one 
 hundred English statute chains along the Southern boundary of a lot of 
 land laid out and assigned to Jean Baptiste La Gimoniere, and thence 
 running due east for the further distance of five English Statute 
 miles, thence due south for four English Statute miles, thence due 
 West until the said line shall reach the said River de la Seine, and 
 thence in a northerly direction, along the stream of the said River 
 de la Seine, to the jilace of beginning, and also that certain other piece or 
 parcel of land lying being and situate on the right bank of Red River 
 aforesaid and nearly opposite to the month of Assiniboine River, bounded 
 on the A¥estward by the said riv(!r and extending in front along the same 
 for the space of three hundred and thirty yards or fifteen English statute 
 chains northward from the boundary of a lot of land assigned to Frede- 
 rick Damien Ileurter, l)ounded on the southward and northward by lines 
 running at right angles to the shore of the River and extending for the 
 space of fifteen statute chains, and bounded on the eastward by a line 
 parallel to the course of the River, and the Reversion and Reversions, 
 Remainder and Remainders, Rents, issues and profits thereof with the 
 a{)[)urtc!nan('es, to liave and to hold the same and evi^ry part and parcel 
 thereof with the appurtenances unto the sjvid parties of the second part,
 
 38 THE Hudson's bay 
 
 to Fathers Provenclier and Dumoulin, already mentioned, 
 and three others, of the large and very valuable tract of 
 
 their Executors Administrators and Assigns, from the day next before the 
 day of the date hereof for and during and until the full end and term of 
 one whole year from thence forth next ensuing and fully to be complete 
 and ended, yielding and paying therefor at the expiration of the said 
 term unto the said party of the first part one pepper-corn if demanded. 
 To the intent that by virtue of these presents and by force of the statute 
 for the transferring of uses into possession, the said parties of the 
 second part may be in the actual possesion of the said Premises and ap- 
 purtenances, and be thereby enabled to take and accept of the grant and 
 release of the Reversion and Inheritance to them and the survivors of 
 them and to such other persons to whom any conveyance or conveyances 
 of the said premises shall or may at any time hereafter be made or who 
 may by the said parties of the second part be associated with them the 
 said parties of the second part in this behalf or with the survivors of 
 them the said parties of the second part by virtue and conformably to 
 one other Indenture to be made bearing date the day next after the day 
 of the date of these presents, for ever upon the trusts and sole intents 
 uses and purposes to be declared thereof in and by the said other inden- 
 ture so to be made, bearing date the day next after the day of the date of 
 these presents as aforesaid. 
 
 In Witness whereof the said parties to these presents have hereunto 
 respectively set their hands and seals the day and year first above writien. 
 
 (Signed) " Selkirk " (L. S.) 
 (Signed) " J. 0. Plessis, 
 
 Signed sealed and delivered at C. R. Bp. of Quebec." (L.S.) 
 
 Montreal in the Province of Lower (Signed) " Roux P. (L.S.)" 
 Canada, where no stamps are used, (Signed) " Jh. N. Provenclier "(L.S.) 
 in presence of (Signed) "Sev. Dumoulin" (L.S.) 
 
 (Signed) " D. Mondelet." (Signed) " S. de Beaujeu " (L.S.) 
 
 (Signed) " L. Viger." (Signed) " H. Heney " (L.S.) 
 
 (Signed) " L. Th. Bedard." 
 
 (Signed) " CI. Gauvreau." Witnesses. 
 
 f A heal 1 Pour vraie copie. 
 
 ■! Q -j— >■ (Signed) C. Baillargeon, Pth. Secretaire Archeriche 
 
 I beai. J ^g Quebec, 5 Aout, 1870. 
 
 THIS INDENTURE made the nineteenth day of May in the year 
 of Our Lord one thousand Eight hundred and eighteen, 
 
 Between the Right Honourable Tuomas Earl of Selkirk, of the 
 first part, 
 
 And the Right Reverend Joseph Octave Plessis, Roman Catholic 
 Bishop of the Diocese of Quebec, Jean Henry Auguste Roux of Mon- 
 treal in the District of Montreal and Province of Lower Canada, Clerk
 
 company's land tenures. 39 
 
 land, containing no less than 10,392 acres (mentioned in 
 the present Hudson's Bay Company Red River settle- 
 Superior of the Seminary of Montreal aforesaid, and Vicar General of 
 the Diocese of Quebec aforesaid, Saveuse de Beaujeu of Montreal, afore- 
 said Esquire, Hugues Heney of Montreal aforesaid. Esquire, Advocate, 
 Joseph Norbert Provencher and Severe Joseph Nicholas Dumoulin of 
 Montreal aforesaid Clerks, of the seccmd part. 
 
 Whereas a grant hath been heretofore made by the [Governor and 
 Company of Adventurers of England trading into Hudson's Bay of a 
 certain tract of land and country situated and being in the Territories 
 of them the said Governor and Company of Adventurers of England 
 trading into Hudson's Bay, distinguished by the name of Rupert's Land 
 and otherwise called the Hudson's Bay Territories. 
 
 Now therefore this Indenture witnesseth that the said party of the 
 first part for and in consideration of the sum of five pounds current 
 money of the Province of Lower Canada to him well and truly paid by 
 the said parties of the second part, the receipt whereof is hereby ac- 
 knowledged, and also for the purpose of contributing to introduce into 
 the said Territories, the benefits of religion, morals and good order, hath 
 granted, bargained, sold, aliened, released, conveyed and confirmed and 
 by these presents doth, grant, bargain, sell, alien, release, convey, and 
 confirm, unto the said parties of the second part in their actual possess- 
 ion now being by virtue of a bargain and sale to them thereof made for 
 one whole year by indenture bearing date the day next before the day of 
 the date of these presents and by force of the statute for the transferring 
 of uses into possession and to the survivor or survivors of them and 
 such other person or persons who may hereafter by them the said par- 
 ties of the second part or the survivors or survivor of them be associated 
 to and with them the said parties of the second part, or the survivors or 
 survivor of them, by virtue of the trust hereinafter mentioned as here- 
 inafter specified, all that certain tract, piece or parcel of land situate, ly- 
 ing and being in the plantation or colony of Rupert's land and 
 in the Territories of the said Governor and Company of Ad- 
 venturers of England trading into Hudson's Bay commonly called 
 the Hudson's Bay Territories aforesaid and being part of the land com- 
 prehended in the grant before mentioned from the said Governor and 
 Company, that is to say, all that certain tract piece or parcel of land ly- 
 ing on the East side of Red River, and bounded by a line beginning on 
 the right bank of Red River aforesaid at the mouth of a small river 
 known by the name of the River de la Seine and running in an easterly 
 direction for the distance of one hundred English statute chains along 
 the southern boundary of a lot of land laid out and assigned to Jean 
 Baptiste La Gimoniere and thence running due east for the further dis- 
 tance of five English statute miles then due south for four p]nglish stat- 
 ute miles then due west until the said line shall reach the said river de
 
 40 THE Hudson's bay 
 
 meiit Register B as lot No. 903) on which are the cath- 
 edral, archbishop's palace, college, convent and other edi- 
 
 la Seine, and thence in a northerly direction along the stream of the 
 said river de la Seine to the place of beginning, and also that certain 
 other piece or parcel of land, situate lying and being on the right bank 
 of Red River aforesaid and nearly opposite to the mouth of Assiniboine 
 river, bounded on the westward by the said river and extending in front 
 along the same for the space of three hundred and thirty yards or fifteen 
 English Statute chains northward from the boundary of a lot of land as- 
 signed to Frederick Damien Heurter, bounded on the southward and 
 northward by lines running at right angles to the shore of the said 
 river and extending for the space of fifteen statute chains and bounded 
 on the eastward by a line parallel to the course of the river, with all 
 the edifices thereon and advantages to the same now or heretofore be- 
 longing or in any wise appertaining and the reversion and reversions, 
 remainder and remainders, rents, issues and profits thereof and every 
 part and parcel thereof with the appurtenances and also all the estates, 
 right, title, interest, property claim and demand whatsoever in law or 
 equity of him the said i^arty of the first part, of, in and to the same : to 
 have and to hold all and singular the said premises hereby granted and 
 bargained or meant and intended so to be, with their and every of their 
 appurtenances unto the said parties of the second part, the survivor and 
 survivors of them and such other person or persons who may be here- 
 after by them the said parties of the second part, or the survivor or sur- 
 vivors of them associated to and with them the said parties of the 
 second part or the survivors or survivor of them by virtue of the trust 
 hereinafter mentioned and as hereinafter specified, forever: but upon 
 the trust nevertheless and to and for the uses, intents and purposes 
 hereinafter expressed and declared of and concerning the same, and for 
 none other whatsoever, that is to say upon the trust that the said par- 
 ties of the second part the survivors or survivor of them ; and such other 
 person or persons to whom any conveyance or conveyances of the said 
 premises shall at any time hereafter be made by them the said parties 
 of the second part or the survivors or survivor of them and such other 
 person or persons who mav hereafter by the said parties of the second 
 part or the survivors or survivor of them be associated to and with them 
 the said parties of the second part or the survivor or survivors of them by 
 virtue of the trust hereinafter mentioned and as hereinafter specified ; 
 shall and will from time to time and all times hereafter stand seized and 
 be possessed of the said premises hereby granted and released or in- 
 tended so to be to the intent and purposes that the said lands and pre- 
 mises and all the rents, issues, and profits of the said land and premises 
 and all and every the appurtenances thereof shall be employed to and 
 for the use and support of a Roman Catholic Church to be established 
 at Red River aforesaid and of the priests to be appointed to administer
 
 company's land tenures. 41 
 
 fices of the Roman Catholic church. The originals of 
 these most important documents are in the archiepiscopal 
 
 the rites of the Roman Catholic Religion at Red River aforesaid under 
 the Government and control of the said Bishop of Quebec, conformably 
 to the rules, regulations, ordinances, customs, usages and discipline of 
 the said Catholic Diocese of Quebec ; And upon the further trust and 
 confidence that whenever the said Trustees shall or may be reduced to 
 the number of three, then the said trustees or the survivors or sur- 
 vivor of such three trustees shall make a new conveyance to fill up the 
 number of seven trustees with such persons as the said three Trustees or 
 the survivors or survivor of them may think fit and proper ; or when 
 the said trustees parties to these prosents shall be reduced to the num- 
 ber of three trustees then the said three trustees or the survivors or sur- 
 vivor of them shall fill up the number of seven trustess, by the said 
 three Trustees or their survivoi-s or survivor associating to and with 
 themselves or himself for the purpose of filling up the number of seven 
 Trustees such persons as they the said three Trustees or the survivors or 
 survivor of them may see fit and proper to appoint in such manner or 
 by such good and valid act or deed as to them the said three Trustees 
 or the survivors or survivor of them may seem fit and proper to the in- 
 tent that there may be a perpetual succession of fit persons to represent 
 the said parties of the second part for the purposes of the uses, trusts and 
 intents herein contained, and every of them according to the true intent 
 and meaning hereof; the said premises so hereby granted and bargain- 
 ed to be forever subject to the conditions expressed in the said grant 
 heretofore made by the said Governor and Company to the said party 
 of the first part by indenture bearing date the twelfth day of June one 
 thousand eight hundred and eleven. 
 
 And the said party of the first part for himself, his heirs, executors 
 and administrators, doth covenant, grant, promise and agree to and with 
 the said parties of the second part, their heirs and assigns that he the 
 said party of the first part is now the true, lawful and rightful owner of 
 all and singular the said premises with the appurtenances, and is law- 
 fully possessed of a good and clear estate of inheritance therein in fee 
 simple, and hath good right, full power and lawful authority to grant, 
 release, and convey the same from all incumbrances whatsoever, accord- 
 ing to the true intent and meaning of these presents, and further that 
 he the said party of the first part and his heirs shall and will from time 
 time to time and all times hereafter, upon the reasonable request, and at 
 the proper cost and charges in the law of the person or persons herein 
 beneficially interested, or their successors, do, execute, and perform or 
 cause to be done, executed and performed all and every such further 
 and other lawful and reasonable act and acts, thing and things, device 
 and devices in the law whatsoever, for the further or more perfect con- 
 firming and assuring of all and singular the premises aforesaid with the
 
 42 THE Hudson's bay 
 
 archives at Quebec, of which His Grace of St. Boniface 
 has notarial copies, and of these kindly permitted copies 
 to be taken. As early as 1820, Father Provencher had com- 
 menced the foundation of a church near the site of the 
 present Cathedral(g). As before remarked no promise, 
 
 appurtenances and every part and parcel thereof unto the said party of 
 the second part and to the survivors and survivor of them and such other 
 persons who may be hereafter by them the said parties of the second 
 part or the survivors or survivor of them associating to and with them 
 the said i)arties of the second part, or the survivors of survivor of them 
 by virtue of the trust hereinbefore mentioned m that behalf and in the 
 manner hereinbefore specified for the trusts and to the intents, uses, 
 and purposes aforesaid as by the said person or persons herein benefici- 
 ally interested or their successors or by their counsel learned in the law 
 shall be reasonably advised, devised and required : and also that he the 
 said party of the first party and his heirs, the said hereby granted and 
 bargained premises with the appurtenances and every part and parcel 
 thereof unto the said parties of the second part and the survivors or sur- 
 vivor of them and such other persons as may hereafter by them the said 
 parties of the second part or the survivors or survivor of them, associat- 
 ed to and with them the said parties of the second part or the survivors 
 or survivor of them, by virtue of the trust hereinbefore mentioned in 
 that behalf and in the manner hereinbefore specified, against the lawful 
 claims and demands of all persons whomsoever claiming and to claim by 
 or from under him the said party of the first part, his heirs or assigns, 
 shall and will warrant and forever defend. 
 
 In Witness whereof the parties to these presents have hereunto re- 
 spectively set their hands and seals the day and year first above written, 
 at Montreal aforesaid, where no stamj^s are used, in the presence of the 
 undersigned witnessess, these presents having been made double. 
 
 (Signed) " Selkirk " (L.S.) 
 (Signed) "J. O.Plessis C. R.Bp. 
 (Sig.) "D. Mondelet." of Quebec." (L.S.) 
 
 (Sig.) " L. Viger." (Signed) " Roux P." (L.S.) 
 
 (Sig.) " M. O'Sullivan." (Signed) " Jh. N. Provencher, Ptre "(L.S.) 
 
 (Sig.) " Lt. Th. Bedard." (Signed) " Sev. Dumlouin," (L.S.) 
 
 (Sig.) " CI. Gauvreau." (Signed) " S. de Beaujeu." (L.S.) 
 
 Witnesses. (Signed) " H. Heney " (L.S.) 
 
 . , . , ^ Pour vraie copie conforme a r original. 
 
 ( Archiep^ I ^gg^j Q Baillargeon, Pth. Secretaire, Archeriche de 
 t beai. J Quebec, 5 Aout, 1870. 
 
 {q) Hind's Red River Exped., sripra, p. 174 ; and Amos' plan of Set- 
 tlement, supra, note G. Vide also Archibishop Tach6's Vingt Annels
 
 company's land tenures. 43 
 
 now in evidence, was made by Lord Selkirk at the time 
 this conveyance was executed at Quebec, or at any other 
 time, to grant lots to individual Canadian settlers. He 
 apparently had full confidence in the ability of their leaders, 
 their priests, with the aid of this generous gift, to protect 
 the interests of their flock and to " contribute to introduce 
 into the said Territories the benefits of religion, morals and 
 good order," and in this he was not mistaken. 
 
 It was the practice of Lord Selkirk's executors to ap- 
 point as their agent the Company's Governor of Assiniboia, 
 consequently when Captain Bulger arrived at Red River, 
 in June, 1822, to enter upon the duties of his office he 
 brought with him the following document (r) : 
 
 London, 27 March, 1822. 
 To Andrew Bulger, Esq., etc. : 
 
 Sir, — I hereby authorize you to take charge of the Red River settle- 
 ment and of all the affairs of the estate of the late Lord Selkirk in 
 Rupert's Land ; to claim and take possession of all papers, books and 
 property of every description belonging to the estate or to the executors 
 and trustees of the late Earl of Selkirk ; also to recover all debts due to 
 the said estate or to the said executors and trustees by any person in 
 Rupert's Land and to give the necessary receipts and discharges in said 
 matters. I am sir. 
 
 Your obedient servant, 
 
 A. COLVILE, 
 
 Executor and Trustee of Thomas, the late of Selkirk. 
 
 In addition to this document Mr. Bulger brought with 
 him a power of attorney (s), dated May 19, 1822, from the 
 
 de Mission dans le Nord-Ouest de UAmerique, and his Esquisse siir le Nord- 
 Ouest de L'Amenque. 
 
 (r) Bulger Papers, vol. 2, p. 76, in Canadian Archives at Ottawa. At 
 page 75 of the volume is an ample power of attorney from the Company 
 to Bulger authorizing him to exercise as locum tencns all the powers 
 under the charter for the government of Assiniboia, being part of 
 Rupert's Land ; this is dated at London, March 27, 1822. 
 
 (s) KNOW ALL MEN BY THESE PRESENTS, That Wo, Sir James 
 Montgomery of Stanhope in the County of Peebles in Scotland, Baronet,
 
 44 THE Hudson's bay 
 
 accepting and surviving trustees of Lord Selkirk's will 
 appointing him and Mr., afterwards Sir George Simpson 
 [described as " one of the governors appointed by (the 
 Hudson's Bay Company) for their Territories called Ru- 
 pert's Land"] their attorneys for the purpose of selling arid 
 disposing of the whole or any part of the District of Assi- 
 niboia " at such price or prices to be paid at such time or 
 times as may be agreed upon " between them " and any 
 person or persons willing to make such purchases, etc." 
 
 The plain intention of this power of attorney is that the 
 donees of the power should sell the land to the settlers or 
 
 present Knight of the Shire for the said County, Adam Maitland of Dun- 
 drennan in the County of Kirkcudbright in Scotland, Esquire, Andrew 
 Colvile of Ochiltree and Cromie in the County of Fyfe in Scotland and 
 of Leadenhall street in the City of London, Esquire, John Halkett 
 formerly of Seymour Place in the Parish of Saint George's Hanover 
 Square Avithin the liberties of Westminister now of the Town of Bright- 
 helmstone in the County of Sussex, Esquire, at the present beyond the 
 seas, and James Wedderburn, Esquire, His Majesty's Solicitor General 
 for Scotland, considering that whereas the deceased Thomas Earl of 
 Selkirk by his last will and Testament duly proved in the Prerogative 
 Court of Canterbury and duly registered in the Register Books kept at 
 the Settlement on the Red River in the District of Ossiniboia in the 
 territories of the Company of Adventurers of England trading into 
 Hudson's Bay did authorize and direct us the accepting and surviving 
 acting Trustees under his said last will and testament (the other persons 
 therein named having refused to aecejit and having renounced the said 
 Trust by Deed recorded in the said Register Books) to sell and dispose of 
 the whole or any part of the eaid District of Ossiniboia granted to the 
 said Thomas Earl of Selkirk his heirs and assigns by the said Company 
 of Adventurers trading into Hudson's Bay and it being necessary that 
 proper persons should be appointed in the said District called Ossiniboia 
 for such purposes of sale. Therefore We, the said Sir James Montgom- 
 ery, Baronet, Adam Maitland, Andrew Colvile, John Halkett and James 
 Wedderburn have made constituted and appointed and by these presents 
 do make constitute and appoint George Simpson, Esquire, one of the 
 Governors appointed by the said Governor and Company of Adventurers 
 trading into Hudson's Bay for their Territories called Rupert's Land of 
 which the said District of Ossiniboia granted by them to the said Thomas 
 Earl of Selkirk formed a part, and Andrew Bulger, Esquire, Governor of 
 the said district called Ossiniboia, our true and lawful Attorneys, hereby 
 granting and committing to them jointly full power and authority for u.s
 
 company's land tenures. 45 
 
 others, following out Lord Selkirk's policy, and there is 
 nothing that would suggest an intention to lease it. 
 
 Mr. Robert Parker Pelly, cousin to Sir John Henry 
 Pelly, Bart., Governor of the Company, who succeeded 
 Governor Bulger held, in common with Governor Simpson, 
 a similar document dated May 19, 1823. 
 
 It would be safe to assume that these donees availed 
 themselves of the powers so granted them and sold lands 
 in Ossiniboia, in fact one of the few documents existing is 
 a rather crude agreement of sale between Governor Pelly, 
 for the executors, and Mr. Robert Logan, sheriff and 
 councillor of Ossiniboia, by which the latter purchased no 
 
 and in our names to treat with any person or persons for the selhng and 
 disposing of any part of the Lands in the said District of Ossiniboia 
 acquired by the said Thomas Earl of Selkirk from the said Governor and 
 Company of Adventurers trading into Hudson's Bay at such j^rice or 
 prices to be paid at such time or times as may be agreed upon by and 
 between the said George Simpson and Andrew Bulger and any person or 
 persons willing to make any such purchases and upon such conditions 
 and subject to such covenants as the said George Simpson and Andrew 
 Bulger may think fit in that behalf and to do every act matter or thino- 
 necessary for completing such purchases or for completing any agreement 
 that may have been made by the said Thomas Earl of Selkirk for the 
 granting or selling any part of the Land in the said District called 
 Ossiniboia previous to his death or that maj' have since been made and 
 for that purpose for us and in our names to sign, seal and deliver anv 
 demise, assignment, conveyance or assurance that may be necessary to 
 any person or persons that may have agreed to purchase upon any con- 
 tract or agreement for the purchase of any part of the said Land in the 
 said District called Ossiniboia that may have been made during the life 
 time of the said Thomas Earl of Selkirk or that may have been made 
 since his death or any demise, assignment, conveyance or assurance that 
 may be necessary for the completing any agreement for the sale and pur- 
 chase of any part of the land in the said district that may be made by or 
 with the said George Simpson and Andrew Bulger and to receive the 
 price or consideration agreed to be paid or given for or in respect of any 
 such sale and purchase and to ask demand sue for and recover the same 
 and all rents monies or other things whatsoever agreed for, due or paya- 
 ble for or in respect of the Premises and also to ask demand sue for and 
 recover of and from every person and all persons whatsoever every sum 
 and all sums of money which was or were due to the said Thomas Earl 
 of Selkirk in the said District called Ossiniboia at the time of his dea
 
 46 THE Hudson's bay 
 
 less an historic spot than old Fort Douglas itself, the 
 colony mill, and one hundred acres of land. This property, 
 a considerable portion of which is yet in the possession of 
 Mr. Alexander Logan, son of the purchaser, has become 
 very valuable, forming part of the city of Winnipeg, and is 
 now to a large extent built over, though a considerable 
 portion of what was once the site of the Fort has fallen 
 into the Red River, owing to its banks being eaten away 
 by the ever encroaching stream and also demolished by 
 several great floods. The document itself has an historical 
 
 or that has or have since become due or that shall hereafter become due 
 for or in respect of any part of his estate situated there and on receipt of 
 such moneys or other things to grant for us and in our names sufficient 
 discharges and requittances which shall be equally good as if granted 
 by us. 
 
 In witness whereof we have hereunto set our hands and seals this 
 eleventh day of May in the Year of our Lord one thousand eight hundred 
 and twenty-two years. 
 
 Signed sealed and delivered by the "] 
 said Sir James Montgomery (being first j 
 
 duly stamped) in the presence of [- (Sgd) Jas. Montgomery (Seal). 
 
 (Sd) Saml. Bishopp. 
 " Geo. Losach. 
 
 Signed sealed and delivered by the ^ 
 said Adam Maitland (being first duly 
 
 stamped) in the presence of " y (Sgd) Ad. Maitland (Seal). 
 
 (Sd) William Anderson. 
 " Andrew Mack. J 
 
 Signed sealed and delivered by the "1 
 within Andrew Colvile in the pre- 
 sence of 1- (Sgd) A. Colvile (Seal). 
 (Sd) Alex. Mundell. | 
 " Saml. Bishopp. J 
 
 Signed sealed and delivered by the ] 
 within John Halkett at York Factory 
 
 Hudson's Bay in the presence of \ (Sgd) J. Halkett (Seal). 
 
 (Sd) James Keith. 1 
 
 " J. G. McTavish. J 
 
 Signed sealed and delivered by the ] 
 within Jas. Wedderburn in the pre- 
 sence of (■ (Sgd) Jas. Wedderburn (Seal). 
 (Sd) Alex. Mundell. 
 " Saml. Bishopp. J 
 
 Extracted from Bulger Papers vol. 3, p. 224, supra.
 
 company's land tenures. 47 
 
 value and is very quaint {t) ; it is in the possession of Mr. 
 Alexander Logan. No other agreement nor document of 
 any kind evidencing a sale, signed by Mr. Pelly, has come 
 to light, though after his departure in June, 1825, 
 Mr. Simpson sold portions of the settlement. 
 
 It is most important to bear in mind, when considering 
 " any contract or sale of lands " in Assiniboia, that the 
 
 {() An Agreement made this eleventh day of June, one thousand 
 eight hundred and twenty-five, between Eobert Logan of Red River 
 settlement, of the one part, and the Executors of the late Thomas, Earl 
 of Selkirk, by Governor Pelly, their agent, of the other part, as follows : 
 
 The said Robert Logan hereby 'agrees to purchase from the said 
 Executors of the late Thomas Earl of Selkirk, the wind grist-mill now 
 being erected, with the old establishment of Fort Douglas comi3rising one 
 hundred acres of land for the sum of four hundred pounds sterling, pay- 
 able as follows, viz : one hundred and fifty pounds on or before the 1st 
 June, 1820 ; one hundred and fifty pounds on or before the 1st June, 
 1827, and one hundred pounds on or before the 1st June, 1828, And the 
 said Robert Logan further agrees to grind any grain or pulse that may be 
 brought to the said mill from settlers or othere at a moulter not exceeding 
 that which is established in Canada, to be determined by the Gentlemen 
 of the Catholic Mission. It being well understood that the said mill shall 
 be put into the possession of the said Robert Logan in a comialete and 
 finished state. 
 
 In witness whereof the said parties have hereunto set their hands 
 this 9th day of July, 1825. 
 
 wUr.o=a / ^- McKenzie. (Sd.) ROBT. LOGAN. 
 
 witness, I -p^^g Heron. (Sd.) R. P. PELLY. 
 
 It is further agreed between Governor Pellyland Mr. Logan that from 
 the period of the mills being delivered up to Mr. Logan, Mr. Mitchell 
 shall be transferred to him until the expiration of his present contract, 
 which takes place on the 1st of June, 1826, for which consideration Mr. 
 Logan shall pay the one half of Mr. Mitchell's expenses to the estate of 
 the late Earl of Selkirk from the time the mill is delivered until the first 
 of June aforesaid. 
 
 Witnes«e« i i^^^') ^- McKenzie. (Sd.) ROBT. LOGAN. 
 
 wiines.es, j^gj_^ Eras. Heron. (Sd.) R. P. PELLY. 
 
 It is further understood that the charge or moulter for grinding shall 
 be 10 per cent., i. e., if ten bushels are ground, one bushel shall be the 
 allowance for the mill. 
 
 (Sd.) GEO. SIMPSON, 
 
 9th March, 1827. Fort Garry.
 
 48 THE Hudson's bay 
 
 statute of Frauds, 29 Charles II,, c. 3, never was in force 
 {u) in Rupert's Land, as it was not passed till after the 
 grant of the Company's charter in 1670, and a mere verbal 
 bargain and sale, therefore, was sufficient to pass the title 
 both at law and in equity. The statute of Enrollments, 
 27 Hen. viii. c. 16, which required every bargain and sale 
 of any estate of inheritance or freehold to be by deed in- 
 dented and enrolled within six months from its date in one 
 of the courts of "Westminister, or before the custos rotulo- 
 rum and two justices of the peace and clerk of the peace 
 in which the lauds lay, or two of them at least, whereof 
 the clerk of the court should be one, was because of the 
 primitive state of the settlement which rendered it im- 
 possible to comply with its provisions, in a similiar position. 
 Though documents evidencing Governor Felly's sales 
 of lands are scarce, such is not the case as regards the acts 
 of Governor Simpson. Many of his " certificates " have 
 come down to us, the writer having had upwards of a 
 dozen in his possession at one time. They are almost in- 
 variably written on a manuscript blank in an engrossing 
 hand, the spaces being filled in nearly always by the signer. 
 The size is about three quarters that of this page. Here- 
 under are five examples, chosen from those above men- 
 tioned. The small capitals are not in the originals. 
 
 1. Mr. Wm. R. Smith has purchased from the estate of Lord Selkirk, 
 ■one hundred acres of land, or six chains frontage, on the west side of the 
 Red river, adjoining John James Smith's Lot at the rate of ten shillings 
 per acre, amounting to Fifty pounds sterling, of which sum he has this 
 •day paid in cash Twenty pounds, and the remainder of the purchase 
 MONEY, say £30 Stg., he promises to pay upon or before the 1st day of 
 June, 1836, otherwise this agreement shall be void. The Jboundaries to 
 be adjusted when the land shall be regularly surveyed. 
 
 (Sd.) Geo. Simpson, Govr. 
 Red River Settlement, 
 25th May, 1833. 
 
 (tt) Sinclair v. Mulligan, 3 Manitoba Reports 481, and 5 Man. Rep.
 
 company's land tenures. 49 
 
 2. Edward Moad occupies a lot of Two hundred and fifty acres land, 
 say seven and a half chains frontage, or one hundred and twenty-five 
 acres, on each side of the Red Eiver, immediately above the Revd. Mr. 
 Cochran's, the boundaries to be settled when the land shall be regularly 
 surveyed. Twenty-five acres of which he received free of cost from 
 the Hudson's Bay Company, in consideration of past services, and the re- 
 maining two hundred and twenty-five acres he agrees to pueciiase at the 
 rate of Ten shillings stg. per acre, amounting to £112.10.0, half of which 
 sum say £56.5.0, he has this day paid in cash, and the remaining half he 
 hereby promises to pay off by the 1st of June, 1836. 
 
 (Sd.) Geo. Simpson, Govr, 
 Red river Settl^^ 11th May, 1833. 
 
 (On the reverse side of the above is the following in- 
 dorsement, all in handwriting of Geo. Simpson : ) 
 
 These are to certify that Edward Mowat {sic) has been put in poss- 
 ession of one chain on the West side and one chain on the east side the 
 the River immediately adjoining the land he now occupies within men- 
 tioned which he receives free of cost in further consideration of past 
 services for all of which formal Title Deeds will be given when the sur- 
 vey of the settlement shall have been completed. The remainder of the 
 PURCHASE MONEY, Say £56.5s., to be paid up befor the 1st June, 1839, in- 
 stead of the 1st June, 1836, as within noticed. 
 
 (Sd.) Geo. Simpson, Govr. 
 Red River Settlement, 
 2oth April, 1835. 
 
 3. These are to certify that James Sandison has been put into possession 
 of six chains frontage or one hundred acres of Land on the North side of 
 the Assiniboine river above the Sturgeon Creek and that a formal deed will 
 be given him for the same after the survey of the settlement shall have 
 been completed, free of cost in consideration of past services, 
 
 (Sd.) Geo. Simpson, Govr. 
 Forks, Red River Settlement, 
 
 W May, 1835. 
 
 This cancels all other certificates heretofore given for land. 
 
 These three are now in the possession ot James Taylor, 
 of Prince Albert. 
 
 And the following two have been kindly lent by 
 Thomas Robinson, Esq., barrister-at-law, of "Winnipeg.
 
 50 THE Hudson's bay 
 
 bo o 4. These are to certify that Geo. Sandison has been put in pos- 
 
 a^ ^^ session of eight chains frontage or one hundred acres of Land on 
 
 5 " o"^ the West side of the Main river above the Image Plain, and that 
 
 ot a B ^ formal deed will be given him for the same after the Survey 
 
 Z° <M of the Settlement shall have been completed, free of cost in con- 
 
 * X. ^- sideration of past services. 
 
 a ij 
 
 .§0 ^ (Sg<i-) Geo. Simpson. 
 
 a c .■§» Forks Red River Settlement, 
 
 "^i ^S 11 May, 1835. 
 
 
 o^Z ^ 
 
 g This cancels all other certificates heretofore given for 
 
 P,'£ 
 
 land. 
 
 OS s 
 
 5. These are to certify that the Widow of John Scarth has been put in 
 possession of eight chains frontage or one hundred acres of Land on the 
 Main river below the Forks and that a formal deed will be given him (sic) 
 for the same after the survey of the Settlement shall have been completed, 
 in consideration of services rendered by her late Husband (free of cost.) 
 
 Sgd. Geo. Simpson. 
 Forks Red River Settlement, \ 
 11 May, 1835. / 
 
 This cancels all other certificates heretofore given for land. 
 
 [Written on back in Sir Geo. Simpson's hand.] 
 
 Two chains or 25 acres upper end of the Lot given to William Goddy 
 in payment of a debt of Eight Pounds due to his late Father's estate by 
 Scarth for which this Piece of Ground was his Security — the 2 adjoining^ 
 chains or 25 acres below the 2 already named given to William Lisk in 
 payment to services rendered to Scarth by Lisk, and the remaining Four 
 
 chains or 50 acres held by the widow. 
 
 Geo. Simpson, 
 
 11 May, 1835. 
 
 It will be remarked that, save the first, in all the above 
 cases the grantees got their land, or at least the greater 
 part of it, free, in consideration of past services. In many 
 instances the holders of such certificates recorded sales on 
 their part in the margin, as in the fourth above given. In 
 all of them is a reference to the survey about to be com- 
 pleted and in four of them a promise of " formal title 
 deeds " when that survey should be finished. It is ex- 
 tremely doubtful whether any of the allottees got his con- 
 veyance.
 
 company's land tenures. 51 
 
 There is no suggestion whatever of a lease in any of 
 these documents but on the contrary not seldom some re- 
 ference to a purchase. 
 
 So far as is known none of Simpson's certificates bears 
 date after 1835 so this would be another circumstance in 
 favour of the assumption of a prior page, 19, that it was not 
 till 1836 that the Company took over the settlement. A 
 further authority in favour of that date is found in a late 
 Lieut.-Governor of Manitoba, the Hon. Alex. Morris, who 
 states that that was the year in which the Company bought 
 back Assiniboia {v). 
 
 These certificates were, under the " Act respecting con- 
 flicting claims to lands of occupants in Manitoba" [id) 
 receivable in evidence before the commissioners appointed 
 to report on such claims, and were in effect treated as 
 entitling the holder, coupled with possession, to an estate 
 in fee simple. The Dominion Government recognized the 
 claims of such occupants in 1875 by enacting (x) that 
 " persons satisfactorily establishing undisturbed occupancy 
 " of any lands within the Province prior to, and being by 
 " themselves or their servants, tenants or agents, or those 
 " through whom they claim, in actual peaceable possession 
 " thereof, on the 15th day of July, 1870, shall be entitled 
 " to receive letters patent therefor, granting the same 
 " absolutely to them respjBctively {sic) in fee simple." 
 
 Many of the preceding pages of this chapter have gone 
 to show that the estates granted by Lord Selkirk to the 
 settlers were estates in fee simple, l^evertheless in some 
 few cases leases for long terms of years were granted. 
 
 The earliest reference to this form of tenure occurs in 
 a letter from Governor Miles Macdonell {y) to Lord Selkirk, 
 
 {v) The Treaties of Canada with the Indians, p. 14. Toronto, n. d. 
 
 {w) 38 Vic. cap. 43, sec. 4, 1875. 
 
 {x) 38 Vic. cap. 52, s. 1. 
 
 iy) Report on Canadia Archives for 1886, p. clxxxvii.
 
 52 THE Hudson's bay 
 
 dated at Yarmouth, June 27, 1811, wherein he says "Two 
 " copies of the prospectus and one of my instructions I 
 " have the honour to enclose herewith. The instructions 
 "are very clear and distinct, nothing occurs to me at 
 " present to be added to them. The temporary land grants 
 " of 5 or 10 acres, directed to be given in the environs of 
 " the forts in case of danger to be apprehended from 
 " Indians, I suppose may be given in lease at an easy rent 
 "to be paid in produce. A certificate of the farm lots 
 " may be given in the meantime until the regular patent 
 " arrives." 
 
 As a matter of fact the Indians proved friendly to the 
 settlers and gave them no trouble whatever, so no such 
 temporary grants were made. The Parliamentary Com- 
 mittee of 1857 directed a good deal of attention to the 
 Company's lands, and a number of witnesses were 
 examined before it on that point, but nothing definite 
 was elicited in regard to the grants made by Lord Selkirk. 
 In the appendix to the report at pages 361, 371 and 439 
 will be found forms of indentures given by the Company 
 in the nature of leases for 999 and 1000 years. 
 
 After Lord Selkirk's death leases for one thousand 
 years were granted, in some instances, by his executors. 
 A very searching and extended inquiry had failed to give 
 to the writer an inkling of the existence of such documents, 
 and it was only by accident in searching through a mass 
 of papers belonging to Mr. Alex. Logan already mentioned, 
 that he was no less surprised than pleased to discover two 
 of these forms, the printed portions of which are hereunder 
 (^) given in full. 
 
 (z) THIS INDENTUEE made the Day of 
 
 in the year One Thousand Eight Hundred and be- 
 
 tween Sir James Montgomery, of Stanhope in the County of 
 Peebles in Scotland, Baronet; Adam Maitland, of Dundrennan 
 in the County of Kirkcudbright, Esquire ; Andrew Col- 
 vile, of Ochiltree and Crombie in the County of Fyfe in Scot-
 
 s?: 
 
 company's land tenures. 53 
 
 Both of these leases bear the same date, August 13, 
 1824, and are signed by "R. P. Pelly, Governor of Assini- 
 boia " and Robert Logan the lessee. The lands demised 
 
 land, and of Leadenhall Street, in the City of London, Es- 
 quire; John Halkett, formerly of Seymour Place, in the Parish 
 of Saint George's, Hanover Square, afterwards of Spring Gar- 
 den, in the Parish of St. Martin in the Fields, in the Liberties of 
 Westminster, Esquire ; and James Wedderburn, Esquire, His 
 Majesty's Solicitor-General for Scotland ; Trustees, to whom the 
 deceased THOMAS EARL OF SELKIRK devised all his real 
 and personal Estates wheresoever situated, by two several Testa- 
 t-* mentary Dispositions, the one dated the twentieth day of Decem- 
 ber, in the year 1806, and the other dated the 7th day of August, 
 in the year 1819 ; both duly proved in the Prerogative Court of 
 His Grace the Archbishop of Canterbury, on the sixth day of 
 June, in the Year 1 820 ; and also duly registered in the Register 
 Book A, folio , of the Registry of this Colony, at 
 
 on the Banks of Red River, (the other Trustees named and ap- 
 pointed by the said deceased Thomas Earl of Selkirk having de- 
 clined to act, and having renounced the Trust meant to have been 
 W reposed in them, by a certain Instrument of Renunciation, bear- 
 's, ing date the first day of July, in the Year 1820, also registered in 
 a the said Register Book A, folio ) of the one Part, and 
 o 
 
 td Whereas by Indenture bearing Date the 12th Day of June, 1811, 
 o and made between the Governor and Company of Adventurers of 
 ^ England, trading into Hudson's Bay, of the one part, and the 
 o said deceased Thomas Earl of Selkirk of the other Part, Nine- 
 Tenth Parts of a certain Tract of Land, or Territorry, being with- 
 in, and forming Part of certain Lands and Territories of the said 
 Governor and Companj^ in North America, called Rupert's Land 
 have been conveyed and assured unto, and to the Use of, the 
 the said Earl of Selkirk, his Heirs, and Assigns, for ever ; never- 
 theless, upon, under, and subject to, certain Conditions in the said 
 Indenture, expressed and declared concerning the same, which 
 Indenture is duly registered in the Registry of this Colony, kept 
 at , in Book A, folio an Abstract of which Con- 
 
 o ditions is contained in Schedule, No. 1 hereto annexed. 
 
 And whereas the said is desirous of establishing 
 
 himself as a Settler upon the said Land, and the said first Parties 
 to these Presents have agreed to Demise such Part thereof as in 
 hereinafter described, unto the said 
 
 in manner herinafter mentioned. Now therefore, this Indenture 
 Witnesseth, that in pursuance of the said Agreement, and in con-
 
 54 THE Hudson's bay 
 
 were lots 819 and 845 containing 120 and 215 " square 
 acres " respectively, and all on the east bank of the Red 
 River. The last clause is worthy of notice for it provides 
 
 sideration of of lawful English Money, paid by the 
 
 said to the said first Parties of these Presents, immedi- 
 
 ately before the Execution of these Presents, the Receipt whereof 
 is hereby acknowledged, the said Parties to these Presents do, by 
 these Presents, Grant, Demise, and Lease unto the said 
 Executors, Administrators, and Assigns, all that Parcel of Land, 
 being part of the said Tract of Land, or Territory, conveyed and 
 assured to the said deceased Thomas Earl of Selkirk, as aforesaid, 
 containing by Admeasurement square Acres and 
 
 bounded by an imaginary Line, as follows, (that is to say) : 
 
 To hav^e and to hold the said Land hereby demised, or intended 
 so to be, and every Part thereof unto the said Executors, 
 
 Administrators, and Assigns, from the Day of the Date of these 
 Presents, for the full Term of One Thousand Years, thence next 
 ensuing, and fully to be complete and ended ; Yielding and pay- 
 ing therefor Yearly and every Year, during the said Term, the 
 Rent of 
 
 Provided always and the said doth hereby declare 
 
 and agree to and with the said first Parties to these Presents, and 
 their Assigns, and the Heirs and Assigns of the said Thomas Earl 
 of Selkirk, that the said Executors, 
 
 Administrators, Assigns, and all other persons whomsoever, deriv- 
 ing Title by, from, through, or under him, them, or any of them, 
 shall and will at all times during the said Term, observe, perform, 
 fulfil, and keep all and singular the Conditions expressed and con- 
 tained in the hereinbefore-recited Conveyance from the said Gov- 
 ernor and Company to the said deceased Thomas Earl of Selkirk, 
 of which an Abstract is given in Schedule No. 1, hereunto annex- 
 ed, so far as the same Conditions concern and apply to the Land 
 hereby demised : and also the Orders and Regulations specified 
 in Schedule No. 2, hereunto annexed, in so far as the same apply 
 to the Land hereby demised. 
 
 And also that the said or Assigns, shall 
 
 and will henceforth settle and establish himself, herself, or them- 
 selves upon the said Piece of Land hereby demised ; And also 
 that he, she, they, or some one of them, shall and will, within 
 
 Years from the Date of these Presents, bring or 
 cause to procure to be brought into a State of Cultivation
 
 company's land tenures. 55 
 
 that the lessee must register not only " these presents " 
 but " every subsequent conveyance, assignment, or lease of 
 the hereby demised premises, or of any part thereof, 
 
 Part of the said demised Land, and thenceforth continue the 
 same in such State. 
 
 And further that the said Executors, Administrators, 
 
 and Assigns, shall and will from time to time, and at all times dur- 
 ing the said Term, contribute in a due Proportion to the Expense 
 of all Public Establishments, whether of a Ecclesiastical, Civil, 
 Military, or other Nature, which shall or may be formed under 
 the authority of the Charter given and granted by his late Majesty 
 King Charles the Second, to the said Governor and Company, and 
 their Successors, for the Regulation of the Settlement or Settle- 
 ments upon the land so conveyed to the said deceased Thomas 
 Earl of Selkirk as aforesaid, especially in or towards the Making 
 and Repairing of Public Roads and Bridges. And further, that 
 the said Executors, Administrators, Assigns, or other 
 
 Person, or Persons deriving Title by, from, through, or under nim, 
 them, or any of them, shall not at any time or times during the 
 said Term, Distil, or cause or procure to be Distilled, Spiritous 
 Liquors of any Nature or Kind soever, upon the Land hereby de- 
 mised, nor upon or within any Part of the Land or Territory so 
 conveyed to the said deceased Thomas Earl of Selkirk as afore- 
 said, nor shall any other Person or Persons whomsoever, at any 
 time or times during the said Term, Distil any such Spiritous 
 Liquors upon the said Land hereby demised, or any part thereof. 
 And further that the said shall not, nor shall any 
 
 Person or Persons, deriving Title by, from or under him at any 
 time or times during the first Years of the said Term 
 
 Underlet, Assign, or otherwise Alienate or Dispose of the Land 
 hereby demised, or any Part thereof, for all or any Part of the 
 saia Term, without the Consent in Writing of the said first Par- 
 ties to these Presents, or their Assigns, or the Heirs, or Assigns, 
 of the said deceased Thomas Earl of Selkirk, in that behalf first 
 had and obtained. 
 
 And it is hereby lastly agreed by and between the said Parties to 
 these Presents, that if the said ~ Executors, Adminis- 
 
 trators, Assigns, or other Person or Persons deriving Title by, 
 from, through, or under him, them, or any of them, shall not re- 
 gister, or cause these Presents, and also every subsequent Convey- 
 ance, Assignment, or Lease of the hereby demised Premises, or 
 of any Part thereof, to be registered in the Register of the said 
 Colony, kept at on the Banks of Red River aforesaid.
 
 56 THE Hudson's bay 
 
 in the register of the colony to be kept at Fort Douglas." 
 As has been seen in a prior part of this chapter it was 
 impossible then to comply with that clause as the colony 
 
 or where the said Register of the said Colony shall be kept at the 
 time, or shall not well and truly observe, perform, fulfil, and keep 
 all and every the Conditions and Agreements hereinbefore con- 
 tained, then and in such case the said first Parties to these Pre- 
 sents, or their Assigns, or the Heirs or Assigns of the said deceas- 
 ed Thomas Earl of Selkirk, shall or may Enter upon any Part of 
 the Land hereby demised and from and after such Entry made 
 the said Term of One Thousand Years, and these Presents shall 
 cease and be void. In Witness whereof, the said Parties to these 
 Presents have hereunto set their Hands and Seals, the Day and 
 Year first above written. 
 Signed, Sealed, and Delivered in the Presence of 
 
 [printed on reverse side.] 
 
 SCHEDULE No. 1. 
 
 AN ABSTRACT of the several Conditions expressed in a certain 
 Grant or Feoffment, wherein The Governor and Company of Adven- 
 turers OF England Trading into Hudson's Bay gave, granted, en- 
 foeflfed, and confirmed to Thomas Earl of Selkirk certain Lands, situ- 
 ated within the Boundaries of the Plantation or Colony in North Amer- 
 ica, called Rupert's Land, which was granted to the said Company by 
 Royal Charter in the Reign of Charles II. 
 
 First, That the said Earl of Selkirk, his Heirs, or Assigns, or any other 
 Person or Persons deriving Title by, from, through, or under him, 
 them, or any of them, shall not, nor will, at any time or times here- 
 after, in or by any direct or indirect, mediate or immediate manner, 
 ways or means, infringe or violate, or set about or attempt to infringe 
 or violate, or aid, assist, or abet, or set about, or attempt to aid, 
 assist, or abet, or supply with Spirituous Liquors, Trading Goods, 
 Provisions, or other Necessaries, any Persons or Person whomsoever, 
 corporate or incorporate, or any Prince, Power, Potentate, or State 
 whatsoever, who shall infringe, or violate, or who shall set about, 
 or attempt to infringe or violate the exclusive Right, Powers, Privi- 
 leges, and Immunities of Commerce, Trade, and Traffic, or all, or 
 any other of the exclusive Rights, Powers, Privileges, and Immuni- 
 ties of or belonging, or in anywise appertaining to, or held, used, or 
 enjoyed, by the said Governor and Company, and their Successors, 
 and particularly such Rights, Powers, Privileges, and Immunities 
 as they are entitled to under, or by virtue of, or which were given 
 and granted, or intended to be granted to them, or their Successors ,
 
 company's land tenures. 57 
 
 register was not opened till 1825. Still the wise attempt 
 to provide for a thorough system of registration is remark- 
 able and it is to be regretted that it was never carried out 
 
 by the Charter of his late Majesty King Charles the Second, bearing 
 date on or about the 2nd Day of May, in the Year 1669, (save and 
 except such Rights, Powers, Privileges, Immunities, and Franchises, 
 as are incident to the Land thereby granted, or any Part or Parcel 
 of the same,) without the License or Consent of the Governor of 
 the said Company, and their Successors for the time being, for that 
 purpose first had and obtained. 
 
 Secondhj, That the said Earl of Selkirk, his Heirs, or Assigns, or any 
 Person deriving Title by, from, through, or under him, them or any 
 of them, shall not in any manner, without such License or Consent 
 as aforesaid, carry on, or establish, or attempt to carry on or estab- 
 lish, in any Parts of North America, any Trade, or Traffic, in, or re- 
 lating to any kind of Furs or Peltry, or in any manner dii'ectly or 
 indirectly aid, or abet any Person or Persons in carrying on such 
 Trade or Trafl3c, or in any manner (otherwise than is thereinafter 
 mentioned) navigate, or traflic, or assist in navigating, or trafficing 
 upon, or within any of the Seas or Waters within Hudson's streights 
 aforesaid, or unlawfully enter into, or trespass upon any part of the 
 Land or Territories belonging to the said Governor and Company, 
 and their Successors, in or at Rupert's Land aforesaid, not thereby 
 granted. 
 
 Thirdly, That the said Earl of Selkirk, his Heirs, and Assigns, and all 
 and every the Person or Persons whomsoever, claiming or deriving 
 Title by, from, through, or under him, them, or any of them, as 
 Leesee, or Leesees, or otherwise, shall, and may convey any Pro- 
 duce of Rupert's Land aforesaid, save and except the Furs and 
 Skins of Beavers, and other Animals of a wild and untamed nature) 
 to Port Nelson, in Hudson's Bay, and to commit, send, and consign 
 the same to the Port of London, to be deposited and Lodged in the 
 Warehouses belonging to, or to be from time to time appointed by 
 the said Governor and Company, and their Successors ; and in like 
 manner to import, bring, and convey into the said Land and Terri- 
 tories, called Rupert's Land, any Goods, Wares, Merchandise, or 
 Commodities of any Kind, Nature, or Description whatsoever, as 
 well manufactured as unmanufactured, for the Use, Convenience, 
 and Consumption of the Persons being or residing within the 
 limits of the Lands thereby granted, and to sell, barter, and ex- 
 change, or otherwise dispose of the same, at his and their Will or 
 Pleasure. 
 
 FourthJii, That the said Produce, Goods, Wares, Merchandise, and Com- 
 modities, shall be conveyed to and from Port Nelson in Ships or
 
 58 THE Hudson's bay 
 
 in its entirety. The colony register itself has disappeared, 
 overtaken, doubtless, by the mysterious fate which has be- 
 fallen nearly all the public records of Assiniboia. IsTo 
 
 Vessels, to be from time to time provided by the said Governor and 
 Company, and their Successors, in pursuance of the Agreement in 
 that behalf thereinafter mentioned. 
 Fifithly, Tliat the said Governor and Company and their Successors, shall 
 and may claim and shall be paid and allowed by the Owner or Pro- 
 prietor, or Owners or Proprietors of the said Produce, Goods, Wares, 
 Merchandises, and Commodities, or Charges as and for and in the 
 nature of Quayage, Wharfage, Warehouse Room, and Commission 
 for Sale, which shall be, or constitute the Average or ordinary Price 
 or Prices in similar cases, together with such Charge for Freight- 
 age as shall at the time or respective times be paid, or payable for 
 Vessels navigating between the Ports of London and Quebec, or at 
 or for such rates of Freight as Vessels can or may be chartered be- 
 London and Hudson's Bay, and the said Governor and Company 
 shall and may also charge, and shall be paid and allowed for the 
 License thereby given and granted to and for the purposes therein 
 after mentioned as in the nature of a Custom or Duty, any Sum not 
 exceeding £.5 for and upon every £.100 in Value or amount of the 
 Produce, Goods, Wares, Merchandise, and Commodities, which shall 
 or may be conveyed to or from Port Nelson aforesaid, and so in pro- 
 portion for less Quantity in Value or in Amount than £.100, unless 
 the same kind of Produce, Goods, Wares, Merchandise, and Com- 
 modities, shall be subject to a higher Rate of Duty or Importation 
 at Quebec, and then in cases of Importation the said Governor and 
 Company, and their Successors, shall and may charge, and shall be 
 paid and allowed at and after the same Rate as shall be paid or pay- 
 able at Quebec, such Value or Amount to be from time to time fixed 
 and ascertained in all cases of Imports by and upon the actual and 
 bona fide Invoice Prices, and in all Cases of Exports by the Net 
 Proceeds of Sales at London. 
 
 SCHEDULE, No. 2. 
 
 ABSTRACT of Orders and Regulations to be observed by Settlers, 
 now and hereafter to be Settled on the Lands contained in the said 
 Grant by the said Governor and Adventurers Trading into Hudson's 
 Bay. 
 
 That the Settlers shall at proper Seasons in every Year, use their endea- 
 vours for making and Repairing the Public Roads and Highways, and 
 shall be chargeable therewith, as followeth, that is to say, each Sett- 
 ler shall employ himself, his Servants, Horses, Cattle, Carts, and
 
 company's land tenures. 59 
 
 more such leases, save one {a), have come to light and, 
 apparently, as these are the only survivors, there could not 
 have been many of them in existence. They are signed on 
 behalf of the executors by R. P. Pelly, but a careful con- 
 sideration of the power of attorney above given raises a 
 doubt that he had the power to grant leases, and a like 
 consideration of the will of Lord Selkirk (6) raises a similar 
 doubt in regard to the executors themselves. 
 
 For the benefit of readers not versed in law it may be 
 mentioned that a lease for any number of years is of no higher 
 dignity than one for but one year, both are merely chattels 
 and pass to the personal representatives of a decedent. 
 Legislatures, however, as the editors of the American 
 edition of Williams on Personal Property (c) observe, 
 have in certain cases considered leases for long unex- 
 pired terms as being worthy of being converted into 
 estates in fee, as for instance in Ohio and Massachusetts, 
 and, as will be seen later, this was the course adopted by 
 Canada on its acquisition of Rupert's Land. 
 
 Carriages, and other things necessary for the purpose, on every day, 
 and every place, to be appointed by the Surveyor or Overseer, for 
 making or amending the Public Roads or Highways, not exceeding 
 at and after the rate of Six Days in every Year, to be computed from 
 Michaelmas to Michaelmas. 
 
 That tlie Settlers shall use their endeavours for the Benefit and Support 
 of the Clergyman, and shall be chargeable therewith as followeth, 
 that is to say, each Settler shall employ himself, his Servants, Hor- 
 ses, Cattle, Carts, Carriages, and other things necessary for the pur- 
 pose, on every day and at every place to be appointed by the 
 Clergyman to whom or whose Communion he shall belong, not ex- 
 ceeding at and after the rate of Three Days in the Spring, and Three 
 Days in the Autumn of each Year. 
 
 That the Settlers shall in the said manner use their endeavours for the 
 defence and internal Peace of tbeir Settlement, and shall be charge- 
 able therewith according to the Laws and Regulations now in force 
 in Canada and Nova Scotia, or such Laws and Regulations as shall 
 from time to time be made by competent Authority. 
 
 (a) Among the Bulger Pai)ers, supra. 
 
 (b) Vide appendix. 
 
 (c) Second Am. Ed., p. 48, n.
 
 1000 " 8 sh. " 
 
 settle 2 
 
 2000 ' 
 
 ' 7 sh. " 
 
 " 3 
 
 3000 ' 
 
 ' 6 sh. " 
 
 " 4 
 
 
 5 sh. " 
 
 " 5 
 
 
 4sh. " 
 
 " 10 
 
 60 THE Hudson's bay 
 
 For the purpose of inquiring into the condition of the 
 settlement one of Lord Selkirk's executors, Mr. John Hal- 
 kett, visited Assiniboia in the summer of 1822. He was 
 clothed with the most ample authority to settle all differ- 
 ences between the estate and the colonists, and the 
 instructions furnished him, apparently by Mr, And- 
 rew Colvile, are fortunately yet extant {d). These 
 show conclusively that the lands were sold to the settlers, 
 as appears by the followin_^ extract : 
 
 Price of Land : 
 
 Lots of 100 acres and not exceeding 500 at 9 sh. to actual settlers. 
 
 Upwards of 500 " " " 1000 " 8 sh. " settle 2 families. 
 
 " 1000 
 
 " 2000 
 
 Lots of 5000 
 
 " " 10,000 
 
 Payment to be made of one third down and the remainder in three 
 years with interest, or if the whole is paid down, 20 per cent, discount. 
 If these prices are found too high, a discount of 30 or 33^ per cent, may 
 be given for prompt payment, but Mr. Halkett will, from the information 
 which he has received, be able to correct this scale if too high. 
 
 The Swiss settlers also, as may be seen by reference to 
 the " Terms " given at length in the appendix, purchased 
 their land " free from all rent or annual payment " in lots 
 of not less than 100, nor more than 500 acres for each 
 family at 9 sh. per acre ; one third cash before being put into 
 possession, the balance in 3 equal annual instalments with 
 five per cent, interest ; if they paid the whole price before 
 embarking from Rotterdam a deduction of 20 per cent, 
 was allowed. Those who "preferred" paying an 
 annual rent, in specified bushels of wheat, on " leases for 
 ever " could do so, as provided in the " Terms." 
 
 Fortunately some of the agreements made between 
 Governor Bulger and these Swiss settlers have been preser- 
 ved. Three of them are to be found among his papers (e) 
 
 (d) Bulger Papers, supra, vol. 2, p. 30. 
 
 (e) Vol. 2, pp. 257, 60 and 261.
 
 company's land tenures. 61 
 
 already mentioned. They all bear the same date, August 
 21, 1822, and the grantees are Christian Rickner, Nicholas 
 Hauffman and Sigismond Flotron. Here is Hauffman's 
 agreement, which serves as an example of the others : 
 
 It is hereby agreed between Andrew Bulger on the part of the execu- 
 tors of the late Earl of Selkirk, and Nicholas Hauffman, Swiss Colonist, 
 that the latter shall be put into possession of the house and land lately 
 occupied by Louis Lapierre, Senior, that for the house he shall pay to the 
 said executors the sum of sixteen pounds sterling, and shall hold the 
 land upon the conditions contained in Mr. Halkett's " Memorandum of 
 the 20th July, 1822," which is deposited in the colony office. 
 
 Signed at Fort Douglas, Red River settlement the . twenty-first of 
 August, 1822. 
 
 (Signed) Andrew Bulger. 
 (Signed) Nicholas Hauffman. 
 The original delivered to Nicholas Hauffman. 
 
 (Signed) A. Bulger. 
 
 The conditions of Mr. Halkett's memorandum (/) of 
 20th July, 1822, are as follows : 
 
 An application having been made on the part of several of the Red 
 River settlers married to women who lately came from Europe and the 
 price of whose passage to America had not been yet paid, but appears 
 now charged against their respective husbands in the colony books, it 
 appears to Mr. Halkett, under all the various distressing circumstances 
 attending this settlement, that these debts so standing in these books, 
 should be cancelled, and he will suggest to Lord Selkirk's executors in 
 England the propriety of confirming this decision. These as stated in a 
 list laid before me appear to amount to the sum of one hundred and 
 sixty-nine pounds and one shilling, in which one year's interest is 
 included. 
 
 (Sd) J. Halkett. 
 
 Forks Red River, July 20th, 1822. 
 
 The relation between this memorandum and the condi- 
 tions upon which the grantees were to hold their lands is 
 not at first sight apparent ; but it is evident from 
 sixteen pounds having been paid that the title acquired 
 was a fee and not a leasehold ; the sum was too large to be 
 for rent even if rent were payable in cash, which it was 
 
 (/) Ibid, vol. 2, p. 157.
 
 62 THE Hudson's bay 
 
 not, but, as has been seen, in produce, wheat ; apparent- 
 ly Hauffman had married one of the " women from 
 Europe " whose passage remained unpaid, and unless the 
 executors adopted Mr. Halkett's suggestion to free him 
 from this debt it would be charged against his lands in the 
 books of the colony. 
 
 In September, 1822, after the departure of Mr. Hal- 
 kett from Red River, the Rev. Th. Destroismaisons of St. 
 Boniface, on behalf of Bishop Provencher, addressed to 
 Governor Bulger a series of nine questions regarding the 
 tenure of lands at Red River under Lord Selkirk and more 
 particularly the rights of the Roman Catholic church in 
 regard to its possessions. There appeared to be a desire on 
 the part of the Bishop to introduce, so far as the Canadians 
 and half-breeds were concerned, the Lower Canadian Seig- 
 neural sj^stem. The second question, in fact, asks " Would 
 there be any objection to our conceding lands, upon the 
 River Seine, at a fixed rent, not redeemable, with the rights 
 of" lods et ventes" as the Seigneurs concede in Canada?" 
 The governor, wanting {g) from Fort Douglas on the 10th 
 of the same month, was very emphatic in his reply 
 to the efiect that any one, not under an engagement 
 to take land from the Earl, might purchase or rent land 
 from the Roman Catholic Mission, but the right of exact- 
 ing " lods et ventes " was not recognized and would " never 
 be permitted to be exercised within the Territory granted 
 by the Hudson's Bay Company to the Earl of Selkirk." 
 
 Further evidences of grants in fee by this Governor are 
 not wanting. Thus, following out the intention of the 
 late Earl, the colony interpreter, Charles Gaspard Bruce, 
 received (A) lot 158 according to the official plan, " free of 
 
 {g ) Bulger Papers, supra, vol. 2, p. 315. Vide appendix for the full 
 text of this very interesting communication. 
 
 (/i) This quaint conveyance is as follows — Bulger Papers, vol. 3 
 p. 315 :
 
 company's land tenures. 63 
 
 price or rent," so also Joseph Watt on June 1, 1823, lots 
 154 and 155 at five shillings per acre, and Michael Gatien {i) 
 lot No. 153 at the same rate. 
 
 As a result of the evidence, documentary and otherwise, 
 adduced during the course of this chapter, it is hoped that 
 it has sufficiently appeared : 
 
 1. That in the very great majority of cases the estates 
 
 Having reason to believe that it was the intention of the late Earl of 
 Selkirk, to grant to Charles Gaspard Bruce, interpreter of the Sauteux 
 Nation the lot of land originally marked off for the interpreter of the 
 colony ; and being quite certain that it will be of material and permanent 
 advantage to the colony to put him in full possession of that lot, I do 
 hereby in the name of the executors of the said late Earl of Selkirk 
 promise to the said Charles Gaspard Bruce, that he shall possess and 
 enjoy the said lot of land free of price or rent, but subject to all the other 
 conditions imposed upon settlers in Red River ; the said lot of land 
 numbered 158 on the plan containing eleven English statute acres, and 
 bounded on the north by the land of Michael Bousquet ; on the east by 
 the road communicating with German Creek ; on the south by the land 
 of Michael Scheller ; and on the west by the Red River. 
 
 Signed in duplicate at Fort Douglas, Red River Settlement, this first 
 
 day of June, 1823. 
 
 A. Bulger. 
 
 (i) Gatien's conveyance is here given by way of example : 
 
 Fort Douglas Red River Settlement, July 30th, 1823. 
 
 It is agreed between Andrew Bulger on the behalf of the executors 
 of Thomas late Earl of Selkirk, and Michael Gatien of Red River, that the 
 said Michael Gatien shall be put in possession of a lot of land, numbered 
 on the map 153, and measuring ten English statute acres bounded on the 
 north by the land of Peter Kandrosky, on the east by the road com- 
 municating with the German creek, on the south by the land of Michael 
 Bousquet, and on the west by Red River, and that the said Michael 
 Gatien shall pay in the course of this present summer for the said land 
 at the rate of five shillings sterling per acre. 
 
 Signed in duplicate at Fort Douglas Red River settlement this 30th 
 September, 1823. 
 
 (Signed) Michael Gatien. 
 (Signed) Andrew Bulger. 
 In presence of 
 
 (Signed) Wm. Kemp. 
 
 (Signed) Henry Eustace.
 
 64 THE Hudson's bay 
 
 derived by the Selkirk colonists were not estates of lease- 
 hold, but freehold ; 
 
 2. That in the numerous cases of retired servants of the 
 Hudson's Bay Company Avho were allotted lands in Assini- 
 boia by Lord Selkirk, under their agreements and the 
 reservations in the Company's grant to him, a freehold 
 may be assumed ; and 
 
 3. That in no case is there an assumption in favour of 
 a leasehold. 
 
 As to the nature of the estates granted by the Com- 
 pany when it took over Assiniboia from Lord Selkirk's 
 executors, this will be considered in the next chapter.
 
 company's land tenukes. 65 
 
 CHAPTER IV. 
 
 Op the estates granted by the Hudson's Bay Company in 
 assiniboia, and the recognition by the company and 
 Canada of the claims of Lord Selkirk's settlers. 
 
 The common belief, already referred to on page 21, 
 that the Hudson's Bay Company granted only leaseholds 
 in Assiniboia, took its rise, doubtless, in the evidence given 
 by certain officers of that Company before the Select Com- 
 mittee of the House of Commons in 1857. Sir George 
 Simpson there stated {j) that the tenure of land was for 
 999 years and that it was by recommendation of counsel 
 that leases were granted. The form of " land deed " hand- 
 ed in to the Committee by Sir George, a lease for 1,000 
 years, will be found at page 361 of the report. He testi- 
 fied {k) further that the settlers were satisfied for the most 
 part to hold their lands without a deed, that if they asked 
 for a deed they received one in the form mentioned, that it 
 was a very unusual thing for a settler to ask for one, in 
 fact nineteen-twentieths of the people had no title, " they 
 squat and set themselves down " on unoccupied land un- 
 molested by the Company, only if they did come for a deed 
 they were required to pay for the land ; the restrictive 
 clauses were never made use of by the Company to restrain 
 settlement at Red River. 
 
 Mr. Alexander Kennedy Isbister stated (l) that he 
 believed himself to be, as heir of his father, the owner and 
 not the lesee under the Company of certain lands, but as 
 appears from a document he handed in as being of the 
 same nature as his own he was simply a lessee for a 1,000 
 
 ij) Questione Nos. 1093, 1161 etseq. 
 
 {k) Questions 1860-1874. 
 
 {I) Question 2505 et seq., and appendix at p. 371.
 
 66 THE Hudson's bay 
 
 years ; so was also John Slater, who had a lease (m) for a 
 similar term. 
 
 Lt. Col. Caldwell, for seven years Governor of Assini- 
 hoia, limited the application of Sir George Simpson's state- 
 ments as to the squatting, saying ( n) this took place main- 
 ly " further up the Assiniboine " and that latterly the Com- 
 pany was more stringent in its regulations, requiring a cer- 
 tain amount of money to be paid before people were let 
 into possession of land. That the council of Assiniboia re- 
 cognized the right of casual occupiers appears from its min- 
 utes of the 27th February, 1860, on which day it was 
 provided " that in difficulties arising between persons who 
 " take land outside of the part of the colony already sur- 
 " veyed, or even that exceeding the limits of the colony, 
 " the magistrates be authorized to take for the principle 
 " that 12 chains shall be the limit of pre-emption right 
 "arising from occupation," Where, however, the Com- 
 pany had made a grant of lands they were careful to see 
 that their grantee was protected. An instance of the kind 
 may be found in an interesting case of Carriere v Dagnon (o), 
 tried at the Upper District Local Court, at Fort Garry, in 
 1860. The plaintiff was allotted the land in July, 1860, 
 and had his name entered therefor in the register. He 
 found the defendant cutting hay thereon, a right which 
 he claimed to have exercised for 12 or 13 years, but with- 
 out a licence from the Company. The plaintiff bringing an 
 action for the trespass, Dagnon sought to justify on the 
 ground that the land on the River Seine was outside the 
 two mile limit of the tract granted by the Indians to Lord 
 Selkirk along the Red River. The court found for the 
 plaintiff, remarkir^ that though in general the Company 
 
 (m) lUd p. 439. 
 (n) Ibid, questions 5568 et seq. 
 
 (o) A report of this case may be found under date of Aug. 28, 1860, 
 in the Nor' -Wester, published at Fort Garry.
 
 company's land tenures. 67 
 
 disposed only of land within the two mile limit (the extent 
 of the survey) yet in the present case the land lay within 
 that limit as by that treaty a circuit of six miles was ceded 
 around Fort Douglas ; the court did not admit, apparently, 
 the necessity of any grant from the Indians. 
 
 In a case (p) brought some years before, that of McDer- 
 mott V Fanyant et al., the General Quarterly Court decid- 
 ed on February 18, 1847, a similar question where the 
 power of the Company to confer a valid title to lot l^o. 
 1092 was expressly raised. One of the defendants, against 
 whom an action for wrongfully cutting wood had been 
 brought, raised, apparently in good faith, what now 
 appears an almost farcical defence. The Indians, he con- 
 tended, had only granted to Lord Selkirk the land just 
 above mentioned, not the wood thereon, and, as a half- 
 breed, he considered himself, in common with others of 
 his race, as succeeding to their rights in the premises. This 
 defence of course could not be entertained and " the regis- 
 " ter of lands granted in Red River settlement by the 
 " Hudson's Bay Company was then produced and sworn 
 " to by Mr. Governor Christie, and on reference to the 
 " lot it appeared that it had been granted to the plaintiff. 
 " There was also produced the indenture between the native 
 " chiefs and the Earl of Selkirk, to whose rights in the 
 " premises the Hudson's Bay Company had succeeded, and 
 " on reference to the terms of the deed it clearly appeared 
 " that the plaintiff's lot was comprehended within the limits 
 " of the district or country sold by the native chiefs to the 
 " Earl of Selkirk," and a verdict was rendered in favour of 
 the plaintiff. 
 
 Sir George Simpson did not expressly say that lease- 
 holds only were granted by the Company in Assiuiboia, 
 yet the tenour of his evidence was to that effect, but, as has 
 
 (p) Records Gen. Quart, Court of Aseiniboia.
 
 68 THE Hudson's bay 
 
 been seen, Sir George's statements before the Committee 
 were very often so erroneous that but little weight can be 
 attached to what he said even if it were apparent, which it 
 is not, that he was aware of the fact that the Company's 
 predecessor had extensively granted freeholds. More re- 
 cently his statement regarding leaseholds has apparently 
 received confirmation by the late J, H. McTavish, account- 
 ant of the Company at Fort Garry from 1860 to 1870, 
 who, though he did not know what titles Lord Selkirk 
 granted, yet stated in 1883 {q) that, irrespective of receipts 
 for money, " the only documents the Company ever gave 
 were leases; usually for 999 years with payment of 3 pepper- 
 corns annually." He had made a search, he said, for a 
 form of such lease but could not get one, nor could he 
 remember any particular instance in which one had been 
 given ; as nine-tenths of the people were satisfied with an 
 entry in the register simply, nothing was said about any 
 document whatever or the nature of the tenure, but if they 
 should ask for a " deed " such a lease as above mentioned 
 would be given. 
 
 Now, while Mr. McTavish speaking of the period with 
 which he was familiar was doubtless correct as to the 
 statements contained in the latter part of the preceding 
 paragraph, yet when he said that only leases were ever 
 granted he was not more correct in that assertion than 
 when, after saying that the register was in the handwriting 
 of Nathaniel Logan, he stated that it was compiled be- 
 tween the years 1860 and 1865, the fact being that Mr. 
 Xogan died on the first day of January, 1858. Mr. John 
 Balsillie, who was long in the service of the Company and 
 as familiar as Mr. McTavish with the register, assures 
 
 [q) Evidence, from notes of the court reporter, Mr. Wm. Perkins, 
 given in the case of Keating v. Moyses, tried at Winnipeg, before the 
 Queen's Bench on June 23, 1883. 
 
 There was no such office as "land registrar" of the Company; the 
 register was in the custody of the accountant at Fort Garry.
 
 company's land tenures. 69 
 
 the writer that, from internal evidence, he is satisfied it 
 
 was compiled at least as early as 1851 and probably ^^several 
 
 years before that date. 
 
 The easiest refutation of Mr. McTavish's assertion will 
 
 be found in a letter written on November 24, 1888, by the 
 
 late Land Commissioner of the Company to the Dominion 
 
 Lands Commissioner at Winnipeg. In it he (Mr. C. J. 
 
 Brydges) says : 
 
 About the old forms of lease; I cannot find any trace in this office of 
 any printed document of any sort, but in M'hat I call the Company's 
 " Old Family Bible," (a copy of which the Department of Interior has) I 
 find 3 or 4 copies of a form of agreement for sale of land, full of blanks. 
 This it evidently a form ivhich was in use at some time and a lot I sixppose were 
 kept on hand ready to be filled in. I send you one copy. It has the appear- 
 ance of having been drawn and written out in England. 
 
 That the Commissioner was quite justified in his as- 
 sumption that this form of agreement had been used will 
 appear from one of those very agreements signed, filled 
 in, and bearing date November 5, 1861, whereby the Com- 
 pany agreed to sell to Michel Dumas, for 36^, lot 927 ac- 
 cording to the official survey of the settlement and, on pay- 
 ment of the purchase money, execute in his favour, or as 
 he might direct, " an absolute grant and conveyance in fee 
 simple" of the lot mentioned. A copy of this agreement 
 is given in the note (r) not merely because it destroys the 
 theory of leaseholds only being granted, but because it also 
 furnishes such a remarkable confirmation of Mr. Brydges' 
 belief. 
 
 (r) ARTICLES OF AGREEMENT made the fifth day of November, 
 one thousand eight hundred and sixty one, between the Governor and 
 Company of Adventurers of England trading into Hudson's Bay of the 
 one part and Michel Dumas, of Red River Settlement, of the other part. 
 
 Whereby the said Governor and Company agree to sell and the said 
 Michel Dumas agrees to purchase at or for the price or sum of thirty- 
 six pounds, to be paid by the instalments following, that is to say : — Six 
 pounds in cash on the signing of this Agreement, six pounds on the first 
 day of November, 1862, six pounds on the first day of December, 1864, 
 etc., etc., etc.,
 
 <^ 
 
 
 ■ii 
 
 
 -^ 
 
 
 
 ^ 
 
 ^ 
 
 ii, 
 
 'W 
 
 ■T^ 
 
 >> 
 
 r^ 
 
 ■^ 
 
 <r^ 
 
 ?i. 
 
 ?i- 
 
 
 
 
 ,?~ 
 
 .0 
 
 <5 
 
 « 
 
 
 
 
 
 
 
 
 h3 
 
 2 
 
 ^ 
 
 70 THE Hudson's bay 
 
 Though Mr. McTavish had heard of no document other 
 than a lease or receipt for money, yet that others did exist 
 will further appear from the following certificate (5) granted 
 by Chief Factor Finlayson. The words in italics are filled 
 in by a hand difi"erent from that which wrote the blank. 
 
 LOT 1279. 
 These are to certify that Peter Broton has been put in 
 possession of six chains frontage of 100 acres of land on 
 the North side of the Assiniboine river above the Forks and 
 that a formal deed will be given him for the same after 
 the survey of the Settlement shall have been completed^ 
 
 (Sd) Dun Fhdayhon, C. F. 
 •§ -S .2 Forks Eed River Settlement, 
 
 ~ '^ ~ 28th February, 1842. 
 
 ^ ^ ^ t 
 
 ^ g ^ I3 This cancels?all the other certificates heretofore given 
 
 ""^ '^H ^ for land. 
 
 K5 C> »^ I C> 
 C<1 >0 IM I >-l 
 
 ISTo inference in favour of a lease can be drawn from 
 such a document and the holder would undoubtedly derive 
 rights the same as those enjoyed by Lord Selkirk's settlers 
 who held exactly similar certificates which have been con- 
 sidered in the preceding chapter. 
 
 All that piece or parcel of land being the whole of lot No. 927 as- 
 described at large in the Official Survey of the Red River Settlement and 
 containing ninety-six English acres or thereabouts, and more particularly 
 described in the plan thereunto annexed being a tracing from the said 
 Official Survey, and the said GovERNor and Company further agree that 
 upon full payments by the said Michaei Dumas, of the said sum of thir- 
 ty-six pounds, by the instalments above mentioned, the said Governor 
 and Company will execute in favour of the said Michael Dumas, or as he 
 may direct, an absolute grant and conveyance in fee simple of the piece or 
 parcel of land above described, subject to such laws and regulations as 
 may be from time to time established for the good Government of the 
 Colony. [Original in possession of Mr. Jas. Taylor of Prince Albert,'N.W.T.] 
 
 (s) Original in possession of Mr. W. J. Robinson, of Winnipeg.
 
 company's land tenures. 7i 
 
 Fortunately we are able to produce a copy of that 
 form of lease granted by the Company which the gentle- 
 men before mentioned failed to find any trace of (^). After 
 an examination of several which, as the result of a protract- 
 ed search, have, by the assistance of friends, come into 
 
 (0 THIS INDENTURE made the seventh day of 3farch in the 
 Year of our Lord One Thousand Eight Hundred and 
 Fifty Nine between the Governor and Company of Ad- 
 venturers of England, trading into Hudson's Bay of the 
 one Part and John Bruce, of Red River Settlement, of the 
 
 "2 f* other Part. 
 
 go 
 
 !t Whereas the said John Bruce is desirous of becoming a 
 
 "2 3 ? Settler upon the Land hereinafter described or intended so 
 
 •S. ai 
 
 to be, being certain Part of a Territory in North America, 
 
 C* ^ "^ belonging to the said Governor and Company, and held 
 
 gj ^ under the Crown by Charter. Now therefore, this Inden- 
 
 * ^ TURE WITNESSETH, that in consideration of the purchase of the 
 
 e S same by Alexander Wintzel from Thomas late Lord Selkirk, and 
 
 I — the said Alexander Wintzel having transferred all his right and 
 
 ■^ ^ title therein unto Louis Goulet who hath again traiisferred the 
 
 |2 same to Loubi Morin ivho hath transferred the same to the said 
 
 M o)" John Bruce 
 
 S Ed" and in consideration also of the Covenants hereinafter con- 
 
 es <-•- 
 
 '^ . .5 tained on the part of the said John Bruce they, the said Gov- 
 
 "" ^ o- ernor and Company, do hereby Grant, Demise, and Lease 
 
 ^ o ^^o* unto the said John Bruce, his Executors, Administrators, 
 ^ S I ^ and Assigns, All that Piece or Parcel of Land, being the 
 
 § ^ . S S '^ whole of Lot No. 260, as described at large in the Oflicial Sur- 
 >>•§ ^ -r'~'K, ^'^yofRed River Settlement, and containing, more or less, 
 fe i '^ "^ ^ /brt(/-_^i'e English Acres, being Parallel lines running from the 
 "^- s I fi &> ^^'^^^ Bank of the Red River, S 62 West, One Hundred and Fifty 
 
 s^ "^ ^ fcS English Chains or tJiereby ivith three Chains frontage 
 
 {^ § '^^J '^ with the necessary appurtenances thereto, to have had to 
 S'S ? . ' HOLD the said Piece or Parcel of land hereby demised or in- 
 t^ S ^ tended so to be, and every part thereof with the appurten- 
 
 *-^" S ^ £. ances unto the said John Bruce, hia Executors, Administra- 
 
 •3 ^ o, t<Jrs, and Assigns, from the Day next before the Day of the 
 
 ■^ -^ Date of these Presents, and for and during and unto the full 
 
 term of One Thousand Years, thence next ensuing; Yield- 
 ing and paying therefor Yearly and every Year, during the 
 said Term, and upon the IMichaelmas Day in each Year, the 
 Rent or Sum of One Pepper-corn, the first Payment whereof 
 to be made upon the Twenty-ninth Day of September next
 
 72 THE Hudson's bay 
 
 the writer's possession, the one given at length in the 
 note has heen selected as the most remarkable example 
 extant. In the first place, while reciting a jpurchase 
 of the land by Alexander Wintzel from Lord Selkirk, 
 Wintzel's conveyance to Goulet, Goulet's conveyance 
 to Morin, and Morin's to Bruce, it proceeds to curtail 
 
 ensuing the Date hereof. And the said John Bruce, for himself, his Heirs, 
 Executors, and Administrators, doth hereby covenant and agree with 
 the said Governor and Company, in manner following, that is to say, 
 That he the said John Bruce shall or will settle and establish himself or 
 themselves and continue to reside upon the said hereby demised Land, 
 and shall or will within Five Years from the Date of these Presents, 
 bring, or cause or procure to be brought into a State of Cultivation One 
 Tenth Part of the said hereby demised Land, and thenceforth continue 
 the same in such state. And that, during the said term, he the said 
 John Bruce, his Executors, Administrators, and Assigns shall not, directly 
 or indirectly, mediately or immediately, violate or evade any of the 
 chartered or licensed privileges of the said Governor and Company, or 
 any restrictions on trading or dealing with Indians or others, which have 
 been, or may be, imposed by the said Governor and Company or by any 
 other competent authority, or in any way enable any Person or Per- 
 sojis to violate or evade, or to persevere in violating or evading the same, 
 and in short shall obey all such Laws and Regulations, as within the said 
 Settlement now are, or hereafter may be, in force, for preventing the 
 Distillation of Spirits, for preserving Internal Peace, for repelling foreign 
 aggression, for making and repairing Roads and Bridges, and for 
 encouraging and promoting general Education and Religious Instruction. 
 And that he the said Jolm Bruce, his Executors, Administrators, or 
 Assigns, shall or will from time to time, and at all times during the 
 said Term, contribute in a due proportion to the Expenses of all such 
 Public Establishments as by the said Governor and Company, or by the 
 Governor and Council of Assiniboia, may be deemed necessary. And 
 also that he the said John Bruce, his Executors, Administrators, and 
 Assigns shall not, nor will, without the license or consent of the said 
 Governor and Company for that ])urpo9e first obtained, carry on or 
 establish, or attempt to carry on or establish in any Parts of North 
 America subject to the Jurisdiction of the said Governor and Company, 
 any Trade or Traffic in or relating to any kind of Furs, nor in any 
 manner directly or indirectly aid or abet any Person or Persons in 
 carrying on such Trade or Traffic ; nor shall nor will at any time or times 
 during the said Term Distil, or cause or procure to be Distilled, Spirit- 
 uous Liquors of any Nature or Kind soever, either upon the Land hereby 
 demised, or within any other Part of the Territories belonging to the
 
 company's land tenures. 73 
 
 and limit this title by purchase, plainly a fee, to a lease- 
 hold, which is all that it grants to Bruce ! Bruce, then 
 having in the meantime learned to write, by indorsement 
 conveys to Mulligan and the latter covenants to " assume 
 all the responsibility " of a mortgage of the land^ not of 
 the term, which the former has executed in favour of the 
 Company though the Company does not appear to have 
 any claim at all on the land ; if it had, it must have been for 
 some portion of the original purchase money due to Lord 
 Selkirk's estate, to the benefit of which balance it was en- 
 
 said Governor and Company in North America, nor during the said 
 Term, knowingly sutt'er or permit any other Person or Persons whom- 
 soever, to Distil any such Liquors upon the said demised Land or any 
 Part thereof. And also that he the said John Bruce, his Executors^ 
 Administrators, or Assigns, shall or will, within Six Calendar Months 
 from the date hereof, as to these Presents, and within Six Calendar 
 Months, from the date of each respective Assignment or Under-lease, 
 to be made under or through these Presents, and with respect to each 
 such Assignment and Under-lease respectively, cause these Presents and 
 every such Assignment or Under-lease, when made, to be Eegistered in 
 the Register of the said Territories in North America, or of the District in 
 which the said hereby demised Land shall be situate, and wherever 
 such Register shall be kept at the time. Provided always, nevertheless, 
 and it is hereby declared and agreed, that if the said John Bruce, his 
 Executors, Administrators, or Assigns, shall not in all things well and 
 truly observe and perform all and every the Covenants and Agreements 
 herein contained on his and their behalf to be observed and performed. 
 Then, and in either of such cases, and either upon or after the first 
 breach, or any subsequent breach or breaches of Covenant, and as to any 
 subsequent breach or breaches, notwithstanding there may have been any 
 Waiver or Waivers, or supposed Waiver or Waivers thereof, by the ac- 
 ceptance of Rent or otherwise, it shall or may be lawful to and for the 
 said Governor and Company, and their Successors or Assigns to enter 
 into and upon the said hereby demised Premises, or any part thereof, 
 in the name of the whole thereof, and to have, hold, retain, and enjoy 
 the same as in their former state, and also to put an end to, and deter- 
 mine the said term of One Thousand Years, or as much thereof as shall 
 be then unexpired, and all and every Person or Persons then occupy- 
 ing the same Premises, or claiming Title thereto, to put out and amove 
 any thing hereinbefore contained to the contrary notwithstanding. In 
 Witness whereof, the said Parties to these Presents have hereunto set
 
 74 THE Hudson's bay 
 
 titled on paying off his executors and taking over the col- 
 ony. Altogether it would be difficult to imagine a more 
 peculiar legal document. 
 
 In the third chapter the various classes of persons, five 
 in all, who were entitled to grants of land in Assiniboia 
 under Lord Selkirk, have been enumerated. It is now 
 opportune to mention a sixth and final class which came 
 
 their Hands and Seals, the Day and Year first above written, at Red 
 River Settlement aforesaid. 
 
 Three words [skins — or — peltry] delete are null. 
 
 his 
 [Sd.) JOHN X BRUCE, 
 mark. 
 
 Signed, Sealed, and Delivered, 
 in the Presence of 
 
 [Sd.) J. FORTESCUE, (Sd.) W. MACTAVISH, 
 
 Clerk Hudson's Bay Co. Hon. Hudson's Bay Company. 
 
 (Sd.) S G. JONES, f '^"^ 
 
 Clerk Hudson's Bay Co. [!^eal] ^ H.B.C 
 
 [The following " mortgage" is written on the back :] 
 
 This writing by way of mortgage, made this Seventh day of March 
 One Thousand Eight Hundred and flfty-nine, between the Governor and 
 Company of Adventurers of England trading into Hudson's Bay of the 
 one part, and John Bruce of Red River Settlement of the other part 
 
 Witnesseth, That Whereas on a certain lot of land No. 262 lately 
 
 in possession of the said John Bruce but this date by him granted and 
 transferred unto James Mulligan there remains due and owing unto the 
 said Governor and Company the sum of Four Pounds — Seventeen Shillings 
 and Six Pence sterling — and Whereas the said John Bruce hath become 
 bound and by these presents doth become bound unto the said Governor 
 and Company and to the said James Mulligan for the payment of the 
 same, Now therefore he the said John Bruce doth hereby specially 
 mortgage all the within named part or parcel of land together with the 
 appurtenances thereof to and in the favour of the said Governor and 
 Company for the satisfaction of the said sum of Four Pounds Seventeen 
 Shillings and Six Pence sterling so remaining due and owing as aforesaid 
 by privilege and preference to all other claims and incumbrances whatso-
 
 company's land tenures. 75 
 
 to Red River under the auspices of the Company. In 1848, 
 several companies of the 6 th Regiment o£ Foot, a detach- 
 ment of engineers, and of artillery, numbering eighteen 
 officers and three hundred and twenty-nine men, that had 
 been sent in 1846 for the protection and defence of the colony 
 when trouble was anticipated with the United States Govern- 
 ment over the Oregon dispute, were recalled, and replaced in 
 the autumn of the same year by a body of out-pensioners of 
 Chelsea Hospital. According to Ross (u), these latter came 
 out in two squads of some seventy each, the second of which 
 arrived in 1850, and were under the command of Major, after- 
 wards Lieut.-Colonel William Caldwell, who also filled the 
 office of Governor of Assiniboia. Hargrave (v) places the 
 number at only 56 men, and says nothing about a second 
 detachment. He mentions that the term of enrolment was 
 seven years, that each sergeant was promised a free grant of 
 40 acres of land, each corporal 30 acres, and each private 
 20 acres ; but on their anival it was discovered that there 
 
 ever and to all other persons whomsoever. Done at Fort Garry, on the 
 date above written. 
 
 his 
 Signed, Sealed and Delivered (^t^-) John X Bruce. 
 
 in the presence of mark. 
 
 (Sd.) J. FoRTESCUE I, James Mulligan, hereby assume all 
 
 Clerk Hudson's Bay Co. the responsibility of paying to theH. B. Co, 
 (Sd.) S. G. Jones the £4, 17s, 6(Z, entered into by John Bruce 
 
 Clerk Hudson's Bay Co. in the above mortgage and renew the 
 Fort Garry, mortgage of the Lot No. 200, this day 
 
 7 Dec'r. 1808. transferred to me by John Bruce. 
 (Sd.) J. H. McTavish, Witness. (Sd.) J. Mulligan. 
 
 (Sd.) J. J. Hargrave, Witness. 
 
 It may almost be assumed that the Alexander Wintzel, or Wentzel, 
 mentioned in above lease was that Alexander Wentzel of Red River 
 Settlement, only son of the well-known Norwegian fur-trader, Willard 
 Ferdinand Wentzel, referred to by M. Masson, in the first volume of his 
 Bourgeois de la Compagnie du Nord- Quest. 
 
 (n) P. 365. 
 
 («) P. 93.
 
 76 THE Hudson's bay 
 
 was not enough land within the prescribed limits (which he 
 does not define), so arrangements were made whereby sums 
 of money were substituted for the land grants. 
 
 Lieut.-Colonel Caldwell, in his evidence before the Parlia- 
 mentary Committee of the House of Commons (w), explains 
 the probable difierence between the estimates of Ross and 
 Hargrave. He was sent out by the Government in command 
 of the pensioner corps, and left Gravesend in June, 1848, 
 bearing with him also a commission from the Company as 
 Governor of Assiniboia, and relieved the troops on his arrival 
 at Red River. His corps consisted of -56 men, non-com- 
 missioned officers and privates, 14 single men, all the rest 
 married, with smaller or larger families ; they were of English, 
 Irish, and Scotch extraction, enrolled pensioners, who went 
 out partly as settlers and partly as troops, the supposition 
 being that they would remain and settle in the country. 
 They were by no means satisfied with the arrangements 
 which were made for them, as the accommodation was very 
 insufficient, but, above all, the agreement for grants of land 
 which, under their printed conditions, were to be made 
 within two miles of Fort Garry, could not be performed, as it 
 was found impossible to carry out this promise, there being 
 an insufficient quantity to make the allotments within that 
 radius. The Company had entered into the agreement in 
 ignorance of the extent of its reserve. This gave rise, 
 naturally, to discontent, which was, however, allayed in June 
 of the following year, when Sir Geo. Simpson came "and, by 
 off'ering them a sum of money in lieu of the land, pacified 
 them. They were eager to get the money, for they were 
 dissatisfied with the country altogether, being so far away 
 from the civilized part of the world." 
 
 Governor Caldwell stayed till 1855. At that time, many 
 of the pensioners had gone away, some to Canada, and a 
 
 (w) Report, 1857 ; §§ 5358-5563.
 
 company's land tenures. 77 
 
 few to England ; 25 families remained at the date of his 
 departure in 1855. At the time of giving his evidence (1857), 
 he described their numbers by saying, "a few of them are 
 left." Strangely enough, he says nothing whatever of the 
 second body mentioned by Ross, which, however, as appears 
 by a "List of Pensioners" furnished the writer by the War 
 Office, arrived at Fort Garry in 1850, and consisted of twenty 
 men (x). Many interesting details of these pensioners have 
 been obtained from George R Turner, now of Winnipeg, who 
 came to Fort Garry in the autumn of 1848, with his father 
 (who had been a private in the Sappers and Miners), mother, 
 and younger brother. He says that most of the men of the 
 second draft were married and had families, which would 
 bring the number of people who arrived that year in the 
 colony up to the number of "about seventy," mentioned by 
 Ross. This would get over any seeming discrepancy in his 
 statement. The second draft was under the command of 
 Captain Hill, who returned to England in 1854. 
 
 It will be noted that Lieut.-Colonel Caldwell, in his 
 evidence, referred to certain "printed conditions," under 
 which the pensioners were induced to come to Red River, 
 the chief attraction in which was the promise of grants of 
 land in certain proportions according to their several ranks. 
 But Lieut.-Colonel Caldwell did not state whether the grant 
 was to be a leasehold or a freehold, so it became, for the 
 purposes of this work, of the first importance to procure a 
 copy of these conditions, to see exactly what the terms were. 
 After an arduous search of more than six months, and after 
 exhausting every means of inquiry, the author was so 
 fortunate as to obtain a copy, after a lengthy correspondence, 
 from the War Office, in May, 1894; the value of the in- 
 formation thus obtained, however, more than compensated 
 for the trouble. The full text of these "conditions on 
 
 (x) See Appendix K for a list of both drafts.
 
 78 THE HUDSON'S BAY 
 
 which it is proposed to enrol pensioners for service at Fort 
 Garry, in the Territory of the Hudson's Bay Company, 
 North America," will be found in Appendix I. They are of 
 no little interest, but the only provisions necessary for the 
 present purpose are those relative to the grants of land. 
 These grants were to be made on the following basis : — 
 
 Each pensioner will also be entitled to a temporary grant of land, not 
 exceeding 20 acres to a private, 30 to a corporal, and 40 to a sergeant ; 
 the ground to be of a description fit for settlement, and within two miles 
 of the Fort. On commencing the occupancy thereof, they will receive 
 such an advance of money as may be found necessary for providing articles 
 of furniture, cooking utensils, stock, etc., under the direction of their 
 officer 
 
 ******* 
 
 On the termination of the seven years' service for which the enrolment 
 is made, the land occupied by the pensioner will become his absolute 
 propertj', provided he has fulfilled the conditions of his agreement ; and 
 he shall thereafter be subject to no further military duty than may be 
 exacted from any other resident in defence of the settlement. 
 
 The Hudson's Bay Company are, however, to have the option, within 
 one year of the termination of the service, of resuming possession of the 
 land, on paying the pensioner the ascertained value thereof at the time, 
 including the buildings and crop on the groiind ; or if the pensioner 
 prefer it, he may receive a fresh grant, at a greater distance from the 
 Fort, of treble the extent. 
 
 In the event of death before the termination of the seven years, the 
 grant of land will devolve on the pensioner who may fill the vacancy ; 
 but should any improvements have been made thereon, the same shall bo 
 valued by his officer, and paid to his family out of a stoppage to be made 
 from the pensioner succeeding thereto ; and till the arrival of such 
 pensioner, the family of the deceased shall be permitted to occupy the 
 ground. 
 
 A subsequent clause provided that during the seven years' 
 period of enrolment the pensioner would be subject to the 
 provisions of the Mutiny Act and Articles of War, and might, 
 in certain cases, be deprived of his residence and allotment ; 
 but once having served his time, no such forfeiture could 
 operate. 
 
 The provision for resumption of the allotment by the 
 Company within one year after termination of service was
 
 company's land tenures. 79 
 
 a right of re-purcliase, simply, within that period ; the land 
 was regarded, as a prior clause states, as the " absolute pro- 
 perty " of the pensioner ; this is fully shown by the fact that 
 the Company was to pay the occupant not merely for his 
 improvements but the "ascertained value thereof (the land), 
 including the buildings and crop on the ground." 
 
 Here we have, then, yet another instance of grants of 
 freehold by the Company. 
 
 These allotments were largely made in what is now the 
 most desirable residence portion of the City of Winnipeg, and 
 would be worth an immense sum of money. A good deal of 
 misconception exists as to where these lots began, and the 
 popular idea that they began west of what is known as 
 Colony Creek, in the City of Winnipeg, is quite erroneous. 
 It is shared, nevertheless, by the Dominion and Provincial 
 Governments. Writing to the author, on January 10, 1894*, 
 the Secretary of the Department of Interior says : " The 
 ' Plan of Farm Lots West of Colony Creek, City of Winnipeg,' 
 made by Duncan Sinclair, D.L.S., dated August 5, 1874, 
 shows the subdivision of No. 1211 of the Hudson's Bay Com- 
 pany's lots, but not the Pensioners' allotments. I may say to 
 you, however, that so far as we have been able to identify the 
 location of these allotments, from 35 to 54 are included within 
 the boundaries of Lots 72 to 84, as shown on this plan. We 
 never had any plan showing the Pensioners' allotments, all 
 such claims having been dealt with by this Department, the 
 same as any other grants of the Hudson's Bay Company. 
 The first Pensioners' allotment west of Colony Creek appears 
 to be 35, and as the lower allotments lie, some of them, 
 outside of the Sinclair plan and west of the lots shown thereon, 
 it would appear as if no allotments were made on the east 
 side of Colony Creek. Anyway, we have nothing to show 
 where allotment No. 1 was actually located." The officials of 
 the Land Titles Office, Winnipeg, could throw no light on 
 the subject, and had nothing before them to guide them in
 
 80 THE Hudson's ba.y 
 
 arriving at any different conclusions from this erroneous 
 one. 
 
 Before showing approximately where lot No. 1 really was, 
 it should be pointed out that, as a matter of fact, the above- 
 mentioned plan of Sinclair does not "show the subdivision 
 of No. 1211 of the Hudson's Bay Company's lots," but only 
 a small portion of it lying west of Colony Creek, and does 
 not take in the main part of it lying east of the same ; this 
 is probably the cause of the misunderstanding which has arisen. 
 Colony Creek is at least half a mile west of Fort Garry, and 
 it is not reasonable to suppose that the Company, pressed for 
 land to allot to the pensioners under the " Conditions," would 
 begin to satisfy these persons out of land a long distance away 
 when there was a very considerable quantity available almost 
 up to the walls of the Fort. No. 1 must therefore be looked for 
 where there is some probability of finding it, not where it is 
 certain it would not have been. Fortunately, direct evidence 
 is obtainable on the point. George R. Turner (?/), above 
 referred to, knew these pensioners intimately, and states that 
 their lots were surveyed by William G. Smith, clerk of the 
 Quarterly Court, and commenced some few chains west of 
 Fort Garry, running originally from the Assiniboine River to 
 the highway. Charles Stodgell, formerly a private of 29th 
 Foot, occupied lot No. 1, he was placed on it in the autumn 
 of 184^8; the next lot belonged to John Eagan. Turner's 
 father, George, had No. 11, but never built on it, as they had 
 quarters at that time in the still standing portion of old Fort 
 Garry — the wooden fort that preceded the one whose gate 
 yet remains. Lot No. 1, the east side of it, would be about 
 where the west side of Garry Street now is, and would take 
 
 (t/) The author places much confidence in the testimony of this man, 
 and justly so, for he found his lengthy evidence as to the pensioners, 
 imparted in November, 1893, substantiated, in a most remarkable 
 manner, even to small details, by official papers subsequently received 
 from the War Oflice and other quarters.
 
 company's land tenures. 81 
 
 in a portion of the premises now occupied by Captain Adams 
 of the Hudson's Bay Company. Lot No. 11, Turner's lot, 
 would be about where Carlton Street now is : Mr. W. F. 
 Alio way's house, probably, stands on a portion of it. Lieut.- 
 Colonel Caldwell received as his grant a great part of Arm- 
 strong's Point. No grants to pensioners were made further 
 west than the Point, which was afterwards transferred to 
 Captain Foss, who built a house and stables on it, and a small 
 shooting-box at its extremity. Foss went to England about 
 1850, and Captain Hill got it. The pensioner who had the 
 most westerly lot was Thomas Picksley, of the Marines ; it 
 did not front on the river, but on a road running across the 
 neck of the Point. The lot next to him was not a pensioner's 
 lot, but one of the regular lots of the Company's general 
 survey, belonging to a half-breed named Joseph Kobillard, 
 and was three chains in width. Picksley returned to England 
 about 1853. The accuracy of Turner's statement that Charles 
 Stodgell occupied the first lot is put beyond all doubt by the 
 fact that Mrs. John Gunn, of Conor, Manitoba, who is con- 
 nected with that family, substantiates his assertion of her 
 personal knowledge. Some of the first draft had died or gone 
 away before the arrival of the second in 1850 ; consequently 
 the latter were allotted such of the holdings as were vacant. 
 From the fact that the Department of Interior has satisfied 
 itself that pensioners' lot No. 35 commenced west of Colony 
 Creek, it is evident that Lots 1 to 34 were between that 
 point and Fort Garry. 
 
 That Turner is also right in saying that Eagan was the 
 owner of the second lot is proved by a document prepared 
 by the Company on November 9, 1852, entitled, "Scheme 
 showing subdivision of Lot No. 1211 (Point-a-Peltier (5;) ) 
 amongst Fort Garry Enrolled Pensioners." A copy of this 
 important document, given in full in Appendix M, may be 
 
 (z) Old name for Armstrong's Point.
 
 82 THE Hudson's bay 
 
 seen at the Dominion Lands Commission, Winnipeg, though 
 there are one or two slight errors in it as regards spelling of 
 names. In that " Scheme," Stodgell's lot. No, 1, is shown as 
 being then — 1852 — in the possession of the Company; it had 
 probably reverted to it by forfeiture as provided in the " Con- 
 ditions," and the same may be said of Turner's lot. It will 
 be noticed that most of the lots were one and a half chains 
 in width, in no case exceeding three, and ranging in size from 
 two acres to twenty. This does not correspond with the 
 original arrangement as called for by the " Conditions," which 
 assigned twenty acres even to a private ; but, possibly, they 
 agreed to forego the balance in view of a payment in cash, 
 Lieut.-Colonel Caldwell speaks of an adjustment having to 
 be made, and it is not unreasonable to assume that it was 
 made on some such basis. 
 
 It will be noticed that, at the date of the " Scheme," 
 Picksley had two lots, 47 and 48, three chains in width, and 
 containing twenty-eight acres. In all there were 54 lots ; but 
 there is nothing in that to clash with Turner's statement that 
 Picksley 's lay furthest west, for the others might have been 
 between him and the river, on which, it will be remembered, 
 his property did not front. The number of lots mentioned on 
 the " Scheme " is only 54, and in the two drafts 76 men came 
 out who were entitled to grants ; but, as has been seen, between 
 1848 and 1850, several changes had taken place, and probably 
 more in proportion within the time between the arrival of 
 the second draft and the compilation of the "Scheme" in 
 November, 1852. It is difficult, however, to understand why 
 no mention at all is made of Lots 14, 18, 44, and 52. 
 
 From 1852 down to the present time there is no further 
 written evidence in regard to the claims of the pensioners, or 
 how they were dealt with by the Company. There is no 
 map of any age showing how the allotments were laid out, 
 though Mr. A. H. Whitcher, formerly Dominion Land Agent 
 at Winnipeg, and now of the Topographical Surveys Branch
 
 company's land tenures. 83 
 
 of the Department of Interior, at Ottawa, has projected on 
 one of the Department's maps a plan showing what he believes 
 to be the boundaries of these allotments, and the relative 
 positions of the lines of the surveys of the Company and 
 Dominion Government. This plan was made up from what 
 Mr. Whiteher speaks of as a " schedule of allotments giving 
 dimensions of the lots, and names of grantees," is presumably 
 the " Scheme " above referred to, and, in default of the pro- 
 duction of Smith's original survey, it would not be safe to 
 rely on it. 
 
 At the time of the Transfer to Canada, in 1870, a number 
 of these pensioners, or their descendants, were in possession 
 of their allotments, but, as the Secretary of the Department 
 of the Interior says in his letter of January 10, 1894, " All 
 such claims were dealt with by this Department the same as 
 any other grants of the Hudson's Bay Company." This 
 means that when the owners made application to the Depart- 
 ment for Crown patent to their holdings, these latter were 
 treated as leaseholds, whereas they were estates in fee. The 
 effect of this grievous error will be considered later. The 
 writer has been informed that the Company bought up, before 
 the Transfer, certain of the pensioners' claims at 7s. Qd. an 
 acre ; no particular case, however, has been cited to him. 
 
 When the Company took over the colony from Lord 
 Selkirk's executors in 1836, under the circumstances before 
 detailed (a), there was no recognition in writing at that time 
 of the claims of his lordship's settlers, or at least none that 
 has come down to us. As a matter of law, it was not necessar}^ 
 that there should be such a recognition, for, the settlers having 
 properly derived their estates from the earl, nothing that the 
 Company could have done, assuming that they had been 
 disposed to do anything, would have deprived the colonists 
 of their estates. 
 
 (a) Pp. 14-20.
 
 84 THE Hudson's bay 
 
 At a later date, however, recognition of such grants was 
 forthcoming in the most formal manner possible. In the 
 official " Red River Settlement Register, B," (6) now lying in 
 the Company's vault at Winnipeg, full particulars will be 
 found of the " Acres granted by Lord Selkirk," placed in a 
 separate column, and carefully distinguished from the " Acres 
 granted by Hon. H. B. Co.," which are entered in another 
 column, so that there shall be no confusion. This of itself is 
 a sufficient recognition, for every legal purpose, of the titles 
 of the settlers prior to the Company's occupation, so it is 
 unnecessary to give further illustrations to the same effect, 
 which might be easily adduced. 
 
 Now as to the recognition by Canada of the titles of both 
 earl and Company. 
 
 It has been seen (c) that No. 15 of the "terms and con- 
 ditions" under which Canada acquired Rupert's Land was 
 that "all titles to land up to the eighth day of March, 1869, 
 conferred by the Company, are to be confirmed." There is 
 no mention of titles conferred by Lord Selkirk, nor is it 
 necessary that there should be, for the earl's title itself was 
 " conferred by the Company," and this greater grant would 
 include the lesser grants made by him under it. 
 
 The following provisions of the Manitoba Act, 33 Vic. cap. 
 3, assented to May 12, 1870, show the way in which Canada 
 confirmed the titles of the Company : 
 
 Sec. 32. For the quieting of titles, and assuring to the settlers in the 
 province the peaceable i)ossession of the lands now held by them, it is 
 enacted as follows : 
 
 1. All grants of land in freehold made by the Hudson's Bay Company 
 up to the eighth day of March, in the year 1869, shall, if required by the 
 owner, be confirmed by grant from the Crown. 
 
 2. All grants of estates less than freehold in land made by the 
 Hudson's Bay Company up to the eighth day of March aforesaid shall, 
 if required by the owner, be convei'ted into an estate in freehold by grant 
 from the Crown. 
 
 (6) Particulars of this and other registers will be found on a later page, 
 (c) Pp. 19, 20.
 
 company's land tenures. 85 
 
 3. All titles by occupancy with the sanction and under the licence 
 and authority of the Hudson's Bay Company up to the eighth day of 
 March aforesaid, of land in that part of the province in which tlie 
 Indian Title has been extinguished, shall, if required by the owner, be 
 converted into an estate in freehold by grant from the Crown. 
 
 4. All persons in peaceable possession of tracts of land at the time of 
 the transfer to Canada, in those parts of the province in which the Indian 
 Title has not been extinguished, shall have the right of pre-emption of 
 the same, on such terms and conditions as may be determined by Governor 
 in Council. 
 
 5. The Lieutenant-Governor is hereby authorized, under regulations 
 to be made from time to time by the Governor-General in Council, to 
 make all such provisions for ascertaining and adjusting on fair and 
 equitable terms, the rights of common, and rights of cutting hay held 
 and enjoyed by the settlers in the province, and for the commutation of 
 the same by grants of land from the Crown. 
 
 The scope of the third and fourth sub-sections was enlarged 
 by 38 Vic. cap. 52 (1875), which repealed a similar enactment 
 of the prior year, 37 Vic. cap. 20, as follows : — 
 
 3. Whereas it is expedient to afford facilities to parties claiming land 
 under the third and fourth sub-sections of the thirty-second section of 
 the Act thirty-third Victoria, chapter three, to obtain Letters Patent for 
 the same : — 
 
 Be it enacted, that persons satisfactorily establishing occupancy of 
 any lands within the province prior to, and being by themselves or their 
 servants, tenants, or agents, or those through whom they claim, in actual 
 peaceable i^ossession thereof, on the fifteenth day of July, 1870, shall be 
 entitled to receive Letters Patent therefor, granting the same absolutely 
 to them respectively in fee simple. 
 
 Chapter 48 of the Revised Statutes of Canada embodies 
 the results of these enactments ; but there is a proviso in the 
 third clause of the chapter to the effect that all claimants for 
 letters patent for estates in fee by reason of "undisturbed 
 occupancy," or " actual peaceable possession," must make 
 application before May 1, 188G, otherwise their rights shall 
 cease, and determine. This proviso is on the face of it illegal, 
 but in any event neither the Department of the Interior nor 
 the Dominion Lands Commission has ever attempted t(j 
 enforce it, regarding it, properly, as a dead letter.
 
 86 THE Hudson's bay 
 
 Sub-section 1 of section 32 expressly recognizes that there 
 had been " grants of land in freehold " made by the Company, 
 but for some reason this proper view was not acted upon. 
 How it arose, unless from the expressions of Sir George 
 Simpson and Mr. McTavish, who ought to have known better, 
 it is impossible to say ; but the fact remains, from whatever 
 cause, that the Department of the Interior became imbued 
 with the idea that all the estates granted by the Company 
 were leaseholds, and, acting on this assumption, for years 
 granted patents to the personal representatives of the deceased 
 owner instead of to his heir-at-law, who, primogeniture being 
 in force in Manitoba until the passing of the Intestacy Act on 
 May 3, 1871, was solely entitled, save dower to the widow. 
 
 Tlie Deputy Minister of the Interior, Mr. A. M. Burgess, 
 was peculiarly wedded to this fallacy, and it was mainly 
 owing to his misdirected exertions that this illegal policy 
 was persisted in. In a letter written by him on January 4, 
 1888, to the Secretary of the Interior, he maintains that it 
 was not the practice of the Company to grant other than 
 leaseholds, therefore the lands, or rather the leasehold interest 
 in them, must be dealt with by the Government as personalty. 
 
 As no one seemed willing to take the trouble to really 
 investigate the matter, this idea gained ground until the 
 Manitoba bar came to look upon it as right, and as did even 
 certain of the bench to such an extent that, so late as 1892, 
 in a case {d) in which the writer was engaged, he heard the 
 .announcement of counsel that there were estates of freehold 
 in Assiniboia, received with incredulity by the presiding 
 judge, who later had to admit the fact to be as stated. What 
 makes it more surprising is that the late Chief Justice Wood, 
 of Manitoba, a man of very great aljility, held so early as 
 1873, as might have been expected, the proper view of the 
 
 ((/) Templeton v. Sfeivart, 3 Western Law Times Reports, 189. Vide 
 Appendix N.
 
 company's land tenures, 87 
 
 question ; this may be seen by referring to his finding, or 
 report (e), as commissioner under the Manitoba Act, on certain 
 conflicting claims to Lots 164? and 1G5 in the parish of Baie St. 
 Paul. This is what the Chief Justice says : 
 
 It will be observed that John Tait left him surviving a widow, 
 Isabelle Hallet, and children, Christina, James, Elizabeth, Barbara, and 
 Andrew. If John Tait died before the passing of the Manitoba Act, 
 James would probably take the land, subject to the dower of his mother, 
 which, in the case of this land, would be worth next to nothing. If John 
 Tait died subsequent to the passing of the Manitoba Intestacy Act, the 
 3rd of May, 1871, the land would go, one-third to the widow, and the 
 remaining two-thirds would be equally divided among the remaining five 
 children. 
 
 Nor is there wanting a judicial finding as to the fact of 
 there having been estates in fee simple in Assiniboia. In 
 Hilary Term, 1875, in the case of McKenny v. Spence, Man. 
 temp. Wood, 11, the then Full Court of Queen's Bench for 
 Manitoba, Wood, C.J., presiding, found (page 16) that Stephen 
 Green was, on May 20, 1860, " seized of an absolute estate 
 in fee simple in possession in and to Lots 241 and 242 accord- 
 ing to the Hudson's Bay Company's survey," situate on Point 
 Douglas, now part of the city of Winnipeg. This seems plain 
 enough, but as has been seen, Mr. Burgess, fifteen years after, 
 still maintained a contrary and erroneous opinion. The 
 officials of the Land Titles Office at Winnipeg, where the 
 Torrens Act is in force, were naturally of the prevalent 
 opinion, until recently, that the estates held by the old 
 settlers were leaseholds. But there was this difference 
 between their conduct and that of the Deputy Minister of 
 the Interior, they could see no reason why there should not 
 have been estates in fee simple in Assiniboia, and readily 
 abandoned the idea that there were only leaseholds in face of 
 facts to the contrary. Not long after the Torrens Act was 
 introduced in Manitoba, in 1885, they had held that the 
 
 (e) Quoted in letter from Dominion Lands Commissioner to Secretary 
 of Interior, dated Nov. 19, 1891.
 
 88 THE HUDSON'S BAY 
 
 Manitoba Act was a conversion of leaseholds into free- 
 holds, and that, in any event, between July 15, 1870, and 
 the coming into force of the Manitoba Intestacy Act on 
 May 3, 1871, the estate passed, not to the personal repre- 
 sentatives, but to the heir-at-law, who, the law of primo- 
 geniture being then in force, was the eldest son (/). This 
 view had been also entertained by Mr. G. W. Burbidge {g), 
 Deputy-Minister of Justice (now of the Supreme Court Bench), 
 and by Deputy-Minister of Justice Sedgwick (/i) (now also of 
 the Supreme Court Bench). 
 
 The whole question was finally brought to an issue and 
 settled by the case of Templeton v. Stewart, above mentioned, 
 and the present policy of the Canadian Government in issuing 
 patents to Red River Settlers, may be found detailed in a late 
 report of the present Deputy-Minister of Justice, Mr. E. L. 
 Newcombe, Q.C., who has evidently given the matter much 
 thought, and gone into it with a mind freed from bias. This 
 opinion, dated July 25, 1893, from its importance, is given 
 at length hereunder (i). 
 
 (/) Letter from Land Commissioner at Winnipeg to Deputy Minister 
 of Interior Burgess, dated Aug. 1, 1889. 
 
 ((/) Letter to the Secretary Interior, April 12, 1887. 
 (/i) Letter to the Secretary Interior, dated March 17, 1888, and opinion 
 of Aug. 10, 1889. 
 
 (i) Department of Justice. Reference No. 335896. 
 
 Ottawa, July 25, 1893. 
 To the Secretary, 
 
 Department of Interior, 
 Ottawa. 
 Sir, 
 
 Referring to Mr. Pereira's letter of the 13th instant, and to 
 previous correspondence relating to the application for a patent for the 
 inner and outer two miles of Lot 52 and of the northerly four chains of 
 Lot 68, in the Parish of St. Paul, I have the honour to state as follows : — 
 As appears from the correspondence, the disposition of this case 
 depends mainly upon the question as to the nature of the estate or interest 
 which was held by purchasers from, or grantees of, the Hudson's Bay 
 Company of lands in the settlement belt. 
 
 With regard to this question, I cannot but agree with the opinion
 
 company's land tenures. 89 
 
 As has been seen, Canada agreed to confirm, "by grant 
 from the Crown," all freehold titles conferred by the Company 
 
 communicated to your Department on several occasions by my pre- 
 decessor, viz. : that where the only evidence as to the nature of the 
 transaction between the Company and its grantee is that afforded by the 
 entries in the land register of the Company, and such entries appear to 
 be recorded of a free grant, or of a sale at a certain price, of the land in 
 question, and there is no indication in the register that any less estate 
 was intended to be granted, the presumption is that the intention was to 
 dispose of the fee simple. This presumption could be rebutted only by 
 evidence showing that in the particular case under consideration, this was 
 not what was bargained for or intended by the parties. That in other 
 cases where the record in the land register was of a like character, the 
 Company apparently intended fulfilment of their agreement, granted, 
 not the fee simple, but only a leasehold for a term of years is no evidence 
 as against any particular pui'chaser or grantee or those claiming under 
 him as his heirs-at-law. 
 
 The present is a case in point. The land register is the only evidence 
 of the transactions by virtue of which George Setter became the owner of 
 these lots. The entries which it contains are silent as to the estate or 
 interest he was intended to take, unless the use of the word " grant " in 
 the entries may be considered to aflford an indication that the intention 
 was to dispose of the fee simple, which is arguable. He must be taken, 
 therefore, to have been the owner of the fee simple if the Hudson's Bay 
 Company had power to grant him that estate, and I know of no sufficient 
 reason for questioning that the Company had such power. I may point 
 out here that Mr. 'Justice Bain, of the Court of Queen's Bench, Manitoba, 
 in the case of Templeton v. Steioart, recently decided by him, holds the 
 view above expressed with regard to the nature of the estate of a grantee 
 of the Company. 
 
 George Setter died in 18G8, intestate, leaving him surviving his wife, 
 one son, John Setter, one daughter, Ann or Nancy Setter, the wife of 
 James B. McKenzie, and the seven children of Margaret Setter, another 
 daughter, the deceased wife of Alexander McBeth. His interest in these 
 lands, being an estate in fee simple, thereupon passed to his son as his 
 sole heir-at-law according to the law of England which was then in force 
 in the settlement [Red River], subject to the dower of his widoAv. The 
 widow died some yeai's ago, and the interest of John Setter has, as the 
 paper shows, become vested in his sister, Mrs. McKenzie. I am, therefore, 
 of opinion that the patent should be issiied to Mrs. McKenzie. I am to 
 state that the Acting-Minister of Justice concurs in this opinion. 
 
 I am, etc., 
 
 (Sd.) E. L. Newcombe, 
 
 Deputy-Minister of Justice.
 
 90 THE HUDSON'S BAY 
 
 prior to March 8, 1869, and, for a long time, the fact that such a 
 confirmation would be only something that the owner of such 
 an estate was entitled to if he chose to ask for it, was over- 
 looked — in fact, is yet overlooked ; it is very doubtful if the 
 Land Titles Office at Winnipeg would be disposed to give a 
 certificate of title to the owner of an estate in fee before the 
 Transfer, who had not got his patent. The District Registrar 
 could be forced to grant it, however, for nothing is plainer in 
 law than that the granting of letters patent to such an owner 
 is practically the " quit claiming " by the Crown to him of an 
 interest which it does not really possess ; the Company once 
 having parted with its interest in the lands, could not, even 
 if it had so wished, derogate in any way from that grant by a 
 subsequent agreement with Canada. Te'inpleton v. Steivart (j) 
 is an authority for this view. 
 
 So much for the lands actually occupied or owned by the 
 settlers. There was in addition, however, a valuable right, 
 expressly recognized by the Company, which had always been 
 exercised by the owners of these river farms, running back 
 two miles from their frontage on the liver. This was the 
 exclusive right to cut hay on the outer two miles immediately 
 in the rear of the river lot, which outer portion came to be 
 known as the "hay privilege." Reference to the Laws of 
 Assiniboia, viii., ix., and x., passed by the Council of Assiniboia, 
 which was created and vested with authority by the Company, 
 shows that this right of hay-cutting was limited to certain 
 seasons between August 1 and 15; in other cases, the right 
 was shared by many occupiers in common, such as on Point 
 Douglas and St. Boniface Commons. Infringements of these 
 regulations were visited with punishment as appears by a 
 case (k) tried at Fort Garry, on August 19, 1847, of Hudson's 
 Bay Company v. Cook et al. This, says the record, was an 
 
 0) Supra. 
 
 {k) Vide also Carriere v. Dagnon, ante, j). 60.
 
 company's land tenures. 91 
 
 " action raised against the defendants for trespassing in 
 cutting hay at a time and place prohibited by proclamation." 
 The Company had evidently brought the offender to justice 
 merely as a warning to others not to be too grasping, for the 
 only punishment inflicted was the forfeiture of the hay, this 
 being deemed "adequate for the offence." The Canadian 
 Government dealt with this right very liberally. Strictly 
 speaking, it was nothing but an easement, but then it was an 
 easement of such a peculiar nature that it extended over the 
 whole of the land on which it was exercised, and from its 
 very nature precluded occupation by a third party, for any 
 occupation which interfered with the right of cutting hay 
 would infringe on the easement, and it would be difficult to 
 imagine an occupation that would not interfere with such 
 a right, for the right to cut the hay would imply the right 
 to prevent its free growth from being interfered with ; in 
 other words, the land could not be used for any purpose, as 
 it would be too late in the season to plant any crop after the 
 hay was cut. The Company having recognized these rights 
 through the Court of Assiniboia, could not interfere with them, 
 and for all practical purposes the outer two miles became the 
 property of the owner of the inner; a dog-in-the-manger 
 ownership truly, but, nevertheless, a very difficult one to 
 combat. 
 
 It must not be forgotten, however, that the Indian Title 
 had not been extinguished to the outer two miles, but only 
 to the inner. This question is dealt with in the succeeding 
 chapter. 
 
 After the Transfer to Canada, the Government appointed 
 a special commission to inquire into the hay question. This 
 body was known as the " Hay and Common Commissioners," 
 and it presented its report on February 23, 187-i, which 
 was duly approved by the Governor-General in Council on 
 April 17 of the same year. As this Order in Council is not 
 generally known, because of its not being contained in the
 
 92 THE HUDSON'S BAY 
 
 volume published by the Queen's printer, it is now for the 
 first time made public, and will be found given in full in 
 Appendix O. 
 
 The recommendations of the Commission were very liberal, 
 and provided, shortly, that where the outer two miles were 
 not taken up in any way, the owner of each front or river 
 lot in those parishes where such rights existed, the parishes 
 of (1) St. Boniface, east and west, (2) St. Vital, (3) St. Norbert, 
 (4) Ste Agathe, up to Salt Springs, (5) St. John's and Winnipeg, 
 (6) Kildonan, (7) St. Paul, (8) St. Andrews, (9) St. James, 
 (10) St. Charles, (11) Headingley, and (12) St. Francois 
 Xavier, east and west, should receive a grant of the land in 
 the outer two miles immediately in rear of his lot, " such grant 
 to be in full commutation of all rights of common and of 
 cutting hay, claimed in respect of the front lot." Where the 
 whole of the outer two miles could not, for any reason, be 
 granted, for the missing portion the owner was to receive 
 scrip, redeemable in unoccupied Government lands, " to cover 
 one-half of as much more land as there is in the part of the 
 outer two miles so taken up ; " this because the outer two 
 miles was of peculiar value to the occupiers of the inner. 
 The value of the lands was to be the Government price of one 
 dollar per acre. 
 
 Those persons who were, under sub-sections 1, 2, 3, or 
 4, of section 32 of the Manitoba Act, above quoted, entitled 
 to freehold grant from the Crown to lands outside those 
 parishes in which the right of hay cutting was recognized by 
 the Council of Assiniboia, received one dollar of scrip for 
 each acre of land for which they were entitled to receive 
 a patent. 
 
 For other provisions to meet particular cases, reference 
 must be had to the Appendix. The results of this chapter 
 may be summarized as follows : — 
 
 1. The Company granted estates both of freehold and 
 leasehold in Assiniboia.
 
 company's land tenures. 93 
 
 2. Such grants were made only on the Red and Assiniboine 
 Rivers, where the Indian Title had been extinguished as 
 specified on page 12. 
 
 3. In the case of the Fort Garry Pensioners, the estate 
 granted was a freehold. 
 
 4. Where root of title is the ordinary entry in the 
 Company's Land Register, with no qualifications, a fee simple 
 must be presumed. 
 
 5. A fee simple would, in any case, be presumed after 
 twenty years' possession. Templeton v. Steiuart, Appendix N ; 
 Taylor on Evidence, §§ 148-51 ; Roscoes Nisi Prius, 15th 
 ed., 34, 38-40 ; Best on Evidence, 488-89.
 
 94 THE Hudson's bay 
 
 CHAPTER V. 
 
 Of the Indian Title and Half-Breed Claims. 
 
 When the Indians of Red River, in 1817, entered into the 
 treaty, already noticed, with Lord Selkirk, a rude map of the 
 territory intended to be conveyed was signed by the chiefs 
 of the tribes with their totems ; a copy of that map, taken 
 from Colony Register A, faces this page. It was in con- 
 formity with the time-honoured custom of English colonists 
 in dealing with the savage tribes of America that this treaty 
 was made, and undoubtedly this act on the part of the Earl 
 was most conducive to the peace of the settlement. 
 
 The question of aboriginal title is one not too well under- 
 stood, in spite of the fact that, in the course of the rapid 
 extension of the British Empire, it is one that constantly 
 crops up : for example, it was recently, if it is not yet, under 
 consideration, in regard to the rights of the Matabele in 
 Mashonaland. 
 
 In the United States and Canada, particularly, from the 
 nature of the settlement of those countries, the matter has 
 been the subject of the gravest consideration, and has re- 
 peatedly taxed the abilities of the highest tribunals. Possibly 
 the opinion of no one would be received with greater attention 
 than that of Chancellor Kent, who, in the first and third 
 volumes of his Commentaries (k), enters most lucidly into an 
 inquiry concerning the claims of the original possessors of his 
 country. At page 378 he states that in the case of Fletcher 
 v. Peck, 6 Cranch, 87, the opinion of the Supreme Court of 
 the United States was declared to be that " the nature of the 
 
 (k) Blackstone edition, 1889, pp. 378-400.
 
 WJo
 
 
 " zl^^D"' " . 1r^"' '^^ 
 
 1^ 
 
 MAP TO SHOW L4NnS AT RED HIVEB 
 CONVEYED BY INDIAN CHIEFS TO TIIE 
 EARL OF SELKIRK IN 1817. 
 
 Facnmile /rffm RogUler "A" 
 
 m
 
 company's land tenures. 95 
 
 Indian title to lands lying within the territorial limits of a 
 State, though entitled to be respected by all Courts until it be 
 legitimately extinguished, was not such as to be absolutely 
 repugnant to a sesin in fee on the part of the Government 
 within whose jurisdiction the lands are situated." He adds, 
 however, that though this was the language of a majority of 
 the Court, yet it was a " mere naked declaration, without any 
 discussion or reasoning by the Court in support of it; and 
 Judge Johnson, in the separate opinion which ho delivered, 
 did not concur in the doctrine, but held that the Indian 
 nations were absolute proprietors of the soil, and that practi- 
 cally, and in cases unaffected by particular treaties, the 
 restrictions upon the right of soil in the Indians amounted 
 only to an exclusion of all competitors from the market, and 
 a pre-emptive right to acquire a fee-simple by purchase when 
 the proprietors should be pleased to sell." In the subsequent 
 case of Johnson v. Mcintosh, 8 Wheaton, 543, this large view 
 of the title of the Indians was somewhat curtailed, and in the 
 language of Marshall, C.J., their right was defined to be that 
 of occupancy only, and subject to the absolute title of the 
 state to extinguish it. In the words of Kent, the Indians 
 enjoyed no higher title than that founded on simple occupancy, 
 and were incompetent to transfer their title to any other 
 power than the Government which claimed the jurisdiction 
 of their territory by right of discovery. In a still later case {I), 
 Worcester v. State of Georgia, G Peters, U.S., 515, arising out 
 of certain statutes of that State of 1828-29-30, the Supreme 
 Court decided that the right to the soil claimed by European 
 governments, as a necessary consequence of the right of dis- 
 covery and assumption of territorial jurisdiction, was only 
 deemed such in reference to the whites, amounting, so far as 
 the Indians were concerned, only to an exclusive right to 
 purchase such lands as they were willing to sell; the various 
 
 {I) See also Mitchell v. United States, 9 Peters, 711.
 
 96 THE HUDSON'S BAY 
 
 royal grants and charters asserted a title to the country 
 against Europeans only, and were blank paper as regards the 
 Indians. Chalmers {on) states that the practice of the European 
 world had constituted a law of nations which sternly disre- 
 garded the possession of the aborigines, because they had not 
 been admitted into the society of nations. This principle 
 doubtless influenced the naive " Councell's opinion " (n) 
 given, about 1675, by six well-known counsel regarding lands 
 in New York, when they found, in answer to the second 
 question submitted to them — 
 
 Though it hath been and still is ye iisuall practice of all proprietors 
 to give their Indians some recompence for their land, and seem to purchase 
 it of them, yet yt is not done for want of sufficient title from ye King or 
 Prince who hath ye right of discovery, but out of prudence and Christian 
 charity, least otherwise the Indians might have destroyed ye first planters 
 (who are usually too few to defend themselves) or refuse all commerce 
 and conversation with ye planters, and thereby all hopes of converting 
 them to ye Christian faith would be lost. 
 
 Nevertheless, as Kent points out, " it is certain in point of 
 fact that the colonists were not satisfied (with these loose 
 opinions or latitudinary doctrines), or did not deem it expe- 
 dient to settle the country without the consent of the 
 aborio-ines under the sanction of the civil authorities. The 
 pretensions of patents were not relied upon, and the prior 
 Indian right to the soil was generally, if not uniformly, recog- 
 nized and respected by the New England Puritans." Finally, 
 the same authority states that the Government of the United 
 States has never insisted upon any other claim to the Indian 
 lands than the right of pre-emption upon fair terms. 
 
 In Canada the Government has proceeded upon similar 
 principles, though Chancellor Boyd, in a late case (o), places the 
 
 (m) Political Annals, G76. 
 
 (n) Documents relating to the Colonial History of the State of New 
 York, vol. xiii. p. 486. Also quoted at length in Recjina v. St. Catherine's 
 Milling Co., 10 Ont. 206. 
 
 (o) Ttegina v. St. Catherine's Milling Co., at p. 230, supra.
 
 company's land tenures. 97 
 
 rights of the Indian on a much lower plane, and states that 
 he has " no claim except upon the bounty and benevolence 
 of the Crown," and he quotes with approval the extract given 
 from " Councell's Opinions." Nevertheless, he admits (p) 
 that a right of occupancy attached to the Indians in their 
 tribal character, though they were unable to transfer it to 
 any stranger, and it was susceptible of extinguishment at 
 the hands of the Crown alone, " a power which, as a rule, was 
 exercised only on just and equitable terms." On appeal, one 
 of the judges, Burton, entertained the same views as the 
 Chancellor, but the other three took a broader view. Hagarty , 
 C.J., stated that "the Indian tribes were sparsely scattered 
 over that region (Western Ontario) and the rest of the 
 northern continent to the Rocky Mountains. No surrender 
 of Indian rights had been made, and, according to the settled 
 practice of the United Provinces of Canada, evidenced and 
 sanctioned by repeated statutes, no attempt appears to have 
 been made to grant titles or encourage settlement so long as 
 the Indian claim was unextinguished." Patterson, J., p. 169, 
 quoted with approval the rule as laid down in Story's Com- 
 mentaries, on the Constitution of the United States, 1833 
 sec. G, to the effect that the aborigines " were admitted to be 
 rightful occupants of the soil, with a legal as well as a just 
 claim to retain possession of it, and to use it according to 
 their own discretion." When this case came before the 
 Supreme Court of Canada (q), the findings of the courts 
 below were upheld, and the title of the Indians put on the 
 ground assigned it by Chief Justice Hagarty, not on that 
 much lower one favoured by Chancellor Boyd. Chief Justice 
 Sir W. J. Kitchie (with whom Fournier, J., concurred), stated 
 " that the Indians possessed a right of occupancy, the Crown 
 possessing the legal title, subject to that occupancy, and the 
 absolute exclusive right to extinguish the Indian title either 
 by conquest or by purchase." 
 
 (p) Ibid. p. 209. iq) 13 S. C. R. 677.
 
 98 THE HUDSON'S BAY 
 
 Mr. Justice, now Chief Justice Sir Henry, Strong quoted 
 with approval the expressions of Chancellor Kent above 
 referred to, and held that the Crown recognized an usufruc- 
 tuary title in the Indians to all unsurrendered lands, which, 
 " though not perhaps susceptible of any accurate legal definition 
 in exact legal terms, was one which nevertheless sufficed to 
 protect the Indians in the absolute use and enjoyment of their 
 lands, whilst at the same time they were incapacitated from 
 making any valid alienation otherwise than to the Crown 
 itself, in whom the title was, in accordance with the English 
 law of real property, considered as vested." The learned 
 judge also quotes with approval the language of Chancellor 
 Kent on the 388rd, 385th, and 386th pages of his third volume, 
 and in particular his remarks on Mitchell v. United States, to 
 the effect that that " possession was considered with reference 
 to Indian habits and modes of life, and the hunting-grounds 
 of the tribes were as much in their actual occupation as the 
 cleared fields of the whites, and this was the tenure of 
 Indian lands by the laws of all the colonies." 
 
 Gwynne, J., went further, and held that the Indians had 
 an estate, title, and interest in their hunting-grounds, which 
 could not be divested from them nor extinguished except by 
 cession made in the most solemn manner to the Crown. 
 
 Henry, J., was of opinion that the right of the Indians 
 certainly was not a fee, but stated that the Crown recognized 
 such a right in them that they were not required to give up 
 their lands without some compensation. Taschereau, J., 
 quoted with approval the principle that while European 
 nations respected the rights (claims) of the natives as occu- 
 pants, yet they asserted the ultimate dominion and title to 
 the soil to be in themselves. 
 
 It is a matter of regret that the Judicial Committee of the 
 Privy Council, when the matter came before it by way of 
 appeal (f ) from the Supreme Court of Canada, did " not con- 
 
 (r) 14 Appeal Ca. at pp. 55, 58.
 
 company's land tenures. 99 
 
 sider it necessary to express any opinion " upon this interest- 
 ing point, but intimated that though there had been all along 
 vested in the Crown a substantial and paramount estate, yet 
 it did not become a plenum dominum until the Indian title 
 was " surrendered, or otherwise extinguished." The title was, 
 however, distinctly stated not to be a fee simple, but " a mere 
 burden " on the title of the Crown. 
 
 It was because the Company had not a plenumi dominurti 
 to the land more than two miles back from the Red and 
 Assiniboine rivers, save at its forts, that it granted no lots 
 lying outside this belt to settlers. When the Transfer to 
 Canada took place, it has been noticed (s) that the Company 
 was careful to make provision for the extinguishment of this 
 Indian title, for the eleventh of the " terms and conditions " 
 was that "any claims of Indians to compensation for lands 
 required for purposes of settlement shall be disposed of by the 
 Canadian Government in communication with the Imperial 
 Government ; and the Company shall be relieved of all 
 responsibility in respect of them." 
 
 Canada at once assumed the obligation, and carried it out 
 faithfully, for section 31 of the Manitoba Act provided for 
 " the extinguishment of the Indian title to the lands in the 
 province " by appropriating one million four hundred thousand 
 acres of the ungranted lands, vested by that Act in the 
 Government of Canada, for the benefit of the children of the 
 half-breed heads of families residing in Manitoba at the time 
 of the Transfer to Canada, July 15, 1870, the same to be 
 selected in lots or tracts in such parts of the province as the 
 Lieut.-Governor of Manitoba might deem expedient, and 
 to be granted in the mode and under the conditions to be 
 prescribed by the Governor-General in Council. 
 
 One not familiar with the peculiarities of the people 
 known in Manitoba as half-breeds, or metis, would naturally 
 
 (s) Sivpra, p. 20.
 
 100 THE HUDSON'S BAY 
 
 ask how the gift to them would extinguish the Indian title, 
 though the name itself would go to show that they had a 
 right in blood to participate to the extent of a moiety. The 
 half-breeds, then, are the descendants of the early fur traders, 
 voyageurs, coureurs de hois, and white men generally, by 
 Indian women. In early times these children were illegitimate, 
 for even if there were the inclination to go through the 
 marriage ceremony there was not the opportunity ; but later, 
 with the advent of missionaries at Red River, came a new 
 order of things, and from that time (1818) marriages were 
 regularly solemnized, and those who had not previously been 
 married persuaded to become so, or, rather, they generally 
 eagerly embraced the opportunity (0 to have their union 
 legalized. It is difficult to say when a half-breed ceases to 
 become a half-breed, and is looked upon as a white ; the 
 manner of life and associations has much to do with it. 
 Colloquially speaking, those who are known to have Indian 
 blood in them, not necessarily half, but possibly only a quarter 
 or an eighth, and show traces of it physically, combining with 
 that trait any characteristics of the Indian in their manner of 
 life, are called, loosely, half-breeds ; but at the same time 
 there are many cases where two people might have exactly 
 the same amount of Indian blood and be so different in 
 appearance and mode of life, that while the one would be 
 readily spoken of as a half-breed, the other would as readily 
 be accepted as a white man. 
 
 Strangely enough, the Manitoba Act does not define the 
 term. The difference between a half-breed and an Indian is 
 pointed out in a negative way by the Indian Act, sec. 12, 
 which says that no half-breed in Manitoba who has shared in 
 the distribution of half-breed lands shall be accounted an 
 Indian ; and no half-breed head of a family, except the widow 
 of an Indian, or a half-breed who has already been admitted 
 
 (0 Cf. Substance of a Journal at Red River. Rev. John West. 1824.
 
 company's land tenures. 101 
 
 into a treaty, shall, unless under very special circumstances 
 to be determined by the Superintendent-General, be ac- 
 counted an Indian, or entitled to be admitted into any Indian 
 treaty. 
 
 These half-breeds, then, considered themselves as repre- 
 senting the Indians, though the}'' really did not, but were an 
 intermediate class; and the Government fell in with their 
 view, as they were a large and influential body. The 
 Indians had no objections to the arrangement, they themselves 
 being given reservations ample for their wants, and entering 
 into treaties on their own account satisfactory to them, an 
 account of the more important of which may be found in the 
 valuable work of the late Hon. Alex. Morris, formerly Chief 
 Justice, and Lieut. -Governor of Manitoba, on that subject. 
 
 Doubts arose as to who were, exactly, the children of half- 
 breed heads of families intended to be benefited under the 
 Manitoba Act, so it was explained in 1873, 36 Vic. cap. 38, 
 that they were " all those of mixed blood, partly white and 
 partly Indian, who are not heads of families." It was esti- 
 mated that the appropriation would give about 140 acres (u) 
 to each child, making the number of them ten thousand ; l^ut 
 this estimate was found to bo too high, the number being 
 between six and seven thousand, so the allotments were 
 increased to 240 acres. The mode of distribution of the grant 
 was provided for by Orders in Council (v) of April 25 and 
 May 26, 1871, and September 7, 1876, to which reference 
 should be made, if necessary. 
 
 After the distribution was provided for, it was found that 
 an injustice had been done the heads of families, who were 
 just as much entitled to consideration as their children ; so 
 another Act was passed in 1873, 37 Vic. cap. 20, which gave 
 
 (m) 3G Vic. cap. 37, preamble. 
 
 (v) Vide also Orders in Council of April 10, 1886, and December 31, 
 1890 ; and 35 Vic. cap. 23, s. 108 ; 30 Vic. cap. 38, ss. 2, 3 ; and 37 Vic. 
 cap. 20.
 
 102 THE HUDSON'S BAY 
 
 to such heads of families, residing in Manitoba before the 
 Transfer, a grant of one hundred and sixty acres, or govern- 
 ment scrip for one hundred and sixty dollars, the latter to be 
 receivable in payment for Dominion Lands ; the lands to be 
 granted under regulations to be made by the Governor- 
 General in Council. For this purpose the term " half-breed 
 heads of families " was held to include half-breed mothers or 
 fathers, or both, as the case might be. The grantees under 
 this arrangement ultimately got 240 acres for the same reason 
 as did their children. 
 
 The lands distributed under these regulations were to 
 satisfy the claims of the half-breed population of the parishes 
 of Ste. Agathe, Ste. Anne, St. Andrews, St. Boniface, St. 
 Clements, St. Charles, St. Francois Xavier, St. James, St. John, 
 St. Laurent, St. Norbert, St. Paul, St. Peters, St. Vital, Baie 
 St. Paul, Headingly, High Bluff, Kildonan, Oak Point, Poplar 
 Point, Portage la Prarie, and White Mud, and lists (w) were 
 
 (w) These lists were issued in the form of posters, ranging in size from 
 a folio sheet devoted to the 59 grantees in the parish of St. John to a 
 great poster some five feet in length to contain the 1183 names of the 
 allottees in St. Francois Xavier and Baie St. Paul. An extra list, 
 generally overlooked, called " Various Parishes," was issued on October 
 10, 1878, and contained a few allotments made up to that date. These 
 lists were posted up in the various Dominion Land Offices, and distributed 
 in other ways. They were in great demand, both by the allottees and by 
 the speculators or " claim-runners," as they were called, who made a very 
 lucrative business in buying and selling claims, both land and scrip. Gross 
 frauds were practised in numerous instances on the grantees and valuable 
 inheritances were thrown away for a mess of pottage, or a flask of whisky, 
 to employ Western methods. So general was the practice of dealing in 
 these lands, that there is scarcely a prominent person in Winnipeg, there 
 at that time, who has not made some money, not necessarily dishonestly, 
 out of half-breed claims. This speculation extended even to certain 
 reverend gentlemen, not very many, who did not hesitate to lend the 
 odour of sanctity to these transactions, but with indifferent success. 
 The supply of these lists soon ran short, and a complete set was worth a 
 large sum ; the author has been told of $500 being offered and refused for 
 one. He only knows of three perfect ones. They are still of considerable 
 practical value, as they give much information in a way easy to get at,
 
 company's land tenures. 103 
 
 issued from time to time by the Department of the Interior, 
 between 1877 and 1880 (the last being that of the parishes of Ht. 
 Vital and St. Boniface on June 14 of that year), giving the lands 
 allotted to the various residents of the parishes, and particulars 
 relating to the grantees. Keference to these lists, especially 
 those of St. John, St. James, and Kildonan, will show that the 
 families of many opulent settlers at present residing in those 
 localities and in Winnipeg, took advantage of the benefits of 
 the Manitoba Act, entitling them to grants of lands as children 
 or heads of families, as the case might be. 
 
 Though there was no legal obligation for her to do so, 
 yet Canada, having acquired a vast and legal domain at very 
 little cost, could afford to be generous, and so she lent a 
 willing ear to the demands of another class which clamoured 
 for consideration in this liberal distribution of lands. This 
 class was composed of white settlers who had come to Assini- 
 boia at the time of the founding of the colony by Lord 
 Selkirk, under his auspices, or "between the years 1813, 
 and 1835, both inclusive, or the children, not being half-breeds, 
 of such original settlers." Accordingly in 1873, by 36 Vic. 
 cap. 37, it was provided that forty-nine thousand acres should 
 be set aside for these claimants, who were, in the absence of 
 an exact census, estimated as not exceeding three hundred 
 and fifty, the object being to grant to each one hundred and 
 forty acres of land. But on the census being taken, it was 
 discovered that they numbered five hundred and thirty, which 
 would only allow about ninety- two and a half acres to each 
 person ; so it was decided in 1874, by 37 Vic. cap. 37, sec. 4, 
 to recognize their claim to one hundred and sixty acres, which 
 
 being arranged in alphabetical order. From an historical point of view, 
 it would be difficult to over-estimate their importance, which will 
 constantly increase, for here is a complete record of a whole people, and 
 a very peculiar people at that. The fulness of the particulars is mainly 
 due to the completeness of the registers kept by the Roman Catholic 
 clergy, under the guidance of that well-known prelate the late Alexander 
 Antonin Tache, the first Archbishop of St. Boniface.
 
 104 THE Hudson's bay 
 
 was given to them in the form of scrip, they having requested 
 the grant to be made to them in that manner. 
 
 This was all very well so far as it went, but it appeared 
 that there were a number of people who had come into Red 
 River between the dates above mentioned, not under the 
 auspices of Lord Selkirk ; so they likewise, and their children, 
 not being half-breeds, received scrip for one hundred and 
 sixty dollars, which was receivable in payment for the pur- 
 chase of government land at one dollar per acre. 
 
 Why an invidious distinction should have been drawn 
 between a man who came to Red River in 1835 and one who 
 came in 1836, it is impossible to understand. The Selkirk 
 settler had no claim whatever on Canada as had the half-breed 
 or the Indian. He came out, and either bought or leased land 
 from Lord Selkirk. If he had no means he could have squatted, 
 and would have been, as has been seen, entitled to a grant 
 under the Manitoba Act, which fully provided for the recogni- 
 tion of titles by occupancy, so as to give the industrious settler 
 and the actual squatter the reward of his labour and foresight ; 
 but on what principle others should get a slice of the public 
 domain, on which they had no moral nor legal claim, it is difficult 
 to imagine. No distinction should have been made between them 
 and the ordinary settler, who is entitled to his free homestead. 
 
 An interesting instance of a recent well-deserved recog- 
 nition of a true pioneer may be seen in the Canada Gazette 
 of April 21, 1894, which records the Order in Council granting 
 scrip to the heirs of Louis Bourassa, who went to the Atha- 
 basca District so early as 1833, and resided there till he died 
 in 1879. In the same issue of the Gazette is a list of thirty- 
 one approved claims of original settlers in such remote places 
 as York Factory, Portage la Loclie, Fort Simpson, Lesser Slave 
 Lake, Oxford House, Caribou Lake, Assnoburg House, Atha- 
 basca, etc., where they were residing before July 15, 1870. 
 Truly the history of North-West Canada is contained in the 
 iron vaults of the Department of the Interior.
 
 company's land tenures. 105 
 
 A peculiar class of claims, deserving a passing notice, 
 which had to be dealt with by the Dominion was that 
 known as "Staked Claims." From an early period, about 
 1862, the Roman Catholic population had been in the 
 habit of wintering stock along the generally well-sheltered 
 banks of the Seine, Rat (x), and La Salle rivers. Such a 
 
 {x) Rat River had been a half-bi'eed settlement from a comparatively 
 early period. At least, so it would appear from the following communi- 
 cation, the original of which is in the author's possession : — 
 
 " A Rob. P. Pelly Ecuyer, 
 
 " Gouverneur de I'Assiniboia, 
 
 ' ' Fort Douglas. , ; -r o Mar=5 1 fi2i 
 
 "Monsieur, i.e J iViars Ib^o. 
 
 D'apres ce que ra'ont dit plusieurs personnes, il parvit que la 
 plupart des gens libres de Pembina voudraient abandonner cet endroit. 
 Vu la fertilite du sol, ils y restervient bien volontiers, s'ils pouvient avoir 
 un Pretre pour les y desservir : mais comme ce n'est point mon dessein 
 d'y retablir la Mission contra les intentions formelles des Executeurs du 
 feu Comte de Selkirk, et que d'un autre cote, ils perdent toute esperance 
 d'avoir un Missionnaii'e du cote des Etats-Unis, comme ils I'avoient espere 
 depuis la pe'tition qu'ils out faite a ce sujet ; ils voudroient en conse- 
 quence se fixer sur la Riviere Rouge dans un endroit qui servit approuve 
 de vous, et oii nous pourvions les desservir. J'ai projDose a quelques uns 
 d'aller s'^tablir a la Prairie du Cheval Blanc ; mais le lieu ne leur con- 
 vient pas. En s'etablissant ici ils trouvent qu'ils servient trop e'loignes de 
 I'Eglese, vil quel les terres d'alentour sont de'ja concedee's, et que leur de'sir 
 etant de s'en rapprocher, ils se trouveroient encore places bien de'savanta- 
 geusement pour I'instruction de leurs enfans, qu'ils ont principalement en vue . 
 
 " Ayant pris leur de'sir en consideration, j'ai juge a propos de vous le 
 communiquer, pensant que vous ne serez pas eloigne de leur accorder des 
 terres dans un endroit ou nous aurons la facility de leur fair rempli leurs 
 devoirs religieux. M'etant informe' qu'elles etoient les places les plus 
 avantagcuses pour un etablissement, la plus proche qui m'a e'te' enseignee, 
 est depuis la Riviere au Rat inclusivement en remontant vers la Saline. 
 Je servis flattd de counoitre vos intentions a ce sujet. 
 
 " Dans le cas oil ce plan pourroit s'oxecuter, presque tons ceux qui 
 laisseront Pembina manqueront de semences ; car la disette y a ete' con- 
 siderable. Si vous dtiez dans la disposition de leur faire queh^ues avances, 
 je de'sirerais savoir a quelques conditions ce sera, pour les en informer. 
 " J'ai I'honneur d'etre, 
 " Monsieur, 
 
 " Votre tres humble et ob. serviteur, 
 
 " .1. N. EV. DE .TULIOPOLIS."
 
 106 THE Hudson's bay 
 
 use of land was not, it is submitted, sufficient to give the 
 claimant any right to consideration under the Manitoba Act, 
 unless, of course, there were other additional circumstances 
 in favour of the applicant. Those in authority, however, on 
 the principle, doubtless, of taking all that can be got, advised 
 the half-breeds to stake, work, or otherwise define claims to 
 unoccupied lands in the settlement. Little encouragement was 
 needed to incite the " staker " to action, for they set to work 
 with the most praiseworthy alacrity, and in a surprisingly 
 short space of time the fronts of the three rivers fairly bristled 
 with stakes, " blazes," and claims. It must not be imagined 
 that the staker in general was content with one claim ; on the 
 contrary, with commendable forethought, be made provision 
 not only for himself and his living children, but those dead 
 and in expectancy. One individual in particular, who aptly 
 rejoiced in the name Solomon, his surname being Venne, and 
 whose "growing virtues" were not "circumscribed" in the 
 manner detailed in the Elegy, staked out upwards of fifteen 
 claims, not along the small streams as did his compatriots, 
 but, being a man of large ambitions, selected the duly surveyed 
 and allotted Red River, no less, for this purpose. 
 
 Canada at first refused to recognize these staked claims 
 at all, but pressure was brought to bear, and by Order in 
 Council of January 29, 1876, certain concessions were made. 
 These were enlarged and made more definite on April 20, 
 187G, and the government finally succumbed on February 25, 
 1881, by virtue of which last-mentioned order all patents 
 have been issued.
 
 company's land tenures. 107 
 
 CHAPTER VI. 
 
 Of the Surveys, Method of Transfer of Land, and 
 Records of Assiniboia. 
 
 In his interesting and instructive sketch (?/) appended to 
 the report of the Department of Interior for 1891, Mr. J. S. 
 Dennis, D.T.S., states, at the beginning of his paper, that the 
 "only surveys, other than explorations, which had been 
 effected in the territory purchased (Rupert's Land), covered 
 a narrow belt of lots fronting on the Red and Assiniboine 
 rivers, and extending a short distance up and down these 
 streams from their junction at Fort Garry. These surveys 
 had been performed by Messrs. Sabine and Goulet, under 
 instructions from, the Hudson's Bay Company, with the object 
 of defining the boundaries of holdings granted by that Com- 
 pany to settlers along these rivers." Mr. Dennis, not having 
 the requisite books and documents at hand, has fallen into 
 several errors in the above remarks, in pointing out which, 
 it is not to be understood that any reflection is cast on the 
 accuracy of his subsequent statements referring to the surveys 
 of the Dominion Government in and after 1869, in regard to 
 which be it said that Mr. Dennis is exceptionally well qualified 
 to speak, and has furnished us with a valuable addition to 
 a branch of Manitoba's history hitherto neglected. 
 
 The surveys of the Red River Settlement were not made 
 by Messrs. Sabine and Goulet, who were employed at a 
 much later date by the Council of Assiniboia to make local 
 surveys for parties desiring to take up lands outside the 
 regular and general surveys; nor were they made by the 
 
 (y) A Short History of the Surveys made under tlio Dominion Lands 
 System, 18G9 to 1889.
 
 108 THE Hudson's bay 
 
 Hudson's Bay Company. It was Lord Selkirk who caused 
 the first survey of his own settlement to be made, very many 
 years before either Goulet or Sabine came to Red River. It 
 was done shortly after the arrival of the first settlers (0) in 
 the colony in August, 1812. No actual date can be fixed for 
 the commencement or ending of the survey, but, as has been 
 seen {a), in the summer of 1813 or 1814, mentioned in the 
 Parliamentary Report of 1819, " the surveyor of the colony, 
 in laying out some lots for settlers, insisted upon running one 
 of his linos through the middle of the garden of the North- 
 West Company's post, which, after some opposition, was sub- 
 mitted to." Mr. Ross states (6) that when Lord Selkirk came 
 to Red River in 1817, Mr. Fidler (c), the surveyor, had run 
 
 (2) Ante, pp. 7, 9. {a) Ante, p. 9. {h) Ante, p. 11. 
 
 (c) This was Mr. Peter Fidler, born August 16, 1709, a very well- 
 known officer in the service of the Company. He was stated to have 
 made the survey of the District of Assiniboia when it was conveyed to 
 Lord Selkirk. His name is frequently mentioned in the Parliamentary 
 Report of 1819, and in the Reports of Trials at Montreal and York. He 
 was a man of education, and his will, made at " Norway House, Winipie 
 River {sic), North America," on August 10, 1821, describes him as 
 " Surveyor and Trader for the Honourable Hudson's Bay Company." In 
 the latter part of the following year he died, and was buried at Fort 
 Dufferin. His will is a very interesting one. He leaves " all my manu- 
 script Journals, beginning in 1791 and continued regularly since 1790 to 
 the present date or time of my decease ; also four or five vellum-bound 
 books containing fair copies, etc., of the narratives of my former journeys, 
 astronomical and meteorological observations made by me in different parts 
 of the interior of Hudson's Bay ; also all my manuscript maps of the afore- 
 said places, the rough copies of my thermometrical observations," to the 
 committee of the Company. This invaluable collection the Company 
 disclaims all knowledge of, both in London and Canada — a very great 
 loss indeed. He further gave his library of about five hundred books 
 (a great collection in Rupert's Land in those days) and all his printed 
 maps, two sets of twelve-inch globes, a large achromatic telescope, a 
 Wilson's microscope, a brass sextant by Blunt, a barometer and several 
 thermometers, to the Governor of the Red River Colony in trust for the 
 public benefit, ' ' but none of the things to be lent out of the Government 
 House of the said Colony," all declared to be " for the general good of all 
 those colonists settled in the lands of the Earl of Selkirk in Assiniboia."
 
 o 
 
 #
 
 COMPANY S LAND TENURES. 109 
 
 a line and marked off certain lots on the Red River, in the 
 direction North 12° East, or thereby. Fortunately, there are 
 two plans of this survey in existence, or rather copies thereof, 
 one to be found accompanying the Report of 1819, and the 
 other in the Amos " Report of Trials, etc.," which faces this 
 page. According to this plan, these " lots were established in 
 1814 ; " they are thirty-six in number. Mr. McLean's appears 
 to be double the size of the others. 
 
 So far as is known, there is no means now in existence 
 by which the exact boundaries of these lots may be estab- 
 lished ; but, as has been seen. Lot 4 is now occupied by St. 
 John's Cathedral, and from this starting-point a calculation 
 may be made as to the approximate location of the others (d). 
 A copy of the original plan to accompany the Report of 1819, 
 marked " True Copy," and signed by Mr. Wm. Sax, the sur- 
 veyor, will be found, with the report of Mr. Commissioner 
 Coltman, at Ottawa (e). 
 
 Not one of these donations of this public-spirited man has survived. 
 Not content with this, he gave a lot of valuable stock and the increase, 
 purchased from Mr. John Wills, a partner of the North-West Company 
 in 1813, for £100 sterling, "to be distributed gratis amongst any of 
 the most deserving settlers at the discretion of the said Earl of Selkirk 
 or his agent ; " Mr. Fidler did not know, in his remote situation, 
 that the Earl had been dead considerably over a year. He refers to his 
 " lawful wife Mary," who was an Indian woman, their first child, Thomas, 
 having been born at York Factory, June 20, 1795, and the youngest, 
 Harriet, July 9, 1822 ; at the time of the making of the will, Peter, born 
 at Norway House on July 2, was the eldest. He also refers to his 
 uncle Jasper and his brother James ; and to his " copyhold lands and 
 new house, situated at Hockley, in the town of Bolsover, in the county 
 of Derby, now in the occupation of my mother, Mary," Administration 
 was granted on October 22, 1827, to Thomas Fidler ; a number of 
 descendants are living in Manitoba. In Appendix P. will bo found a 
 copy of a most interesting letter to him from Mr. Alex. Lean, one of the 
 proprietors of the Company, which throws an important light on the 
 negotiations leading up to the amalgamation of the rival companies in 1821. 
 
 (d) Ante, pp. 11, 25 ; vide also p. 23 for names of several settlers 
 occupying particular lots. 
 
 (e) Archives : Colonial Records, No. 151, part i. p. 87.
 
 110 THE HUDSON'S BAY 
 
 The next survey of which there is any mention occurred 
 in 1817, when Point Douglas was divided up into lots (/) to 
 be portioned among the Earl's disbanded soldiery. It is not 
 stated who made this survey, but it was, doubtless, Mr. Fidler, 
 His successor in office, Mr. William Kemp (g), was occupied 
 several years in making a general survey of the settlement. 
 
 On August 20, 1822, it had been determined, at a meeting 
 of a Temporary Council held at York Factory (h), that " small 
 allotments of twenty or twenty-five acres would be made for 
 the [Company's] men with families, and a general establish- 
 ment, under the plan of a School of Industry, would have to 
 be formed for the oi'phan children : " assistance was to be 
 given to the men in the shape of clothing, tools, beds, and 
 ammunition, in order to enable them to build houses and 
 maintain their families till they should reap a crop. " It is 
 not to be expected that the men will do this of themselves, 
 and the managers of the settlement [Lord Selkirk's] will not 
 consent to a large population of this kind thrown upon them 
 unless they are properly provided for, and under some efficient 
 management and controul." It was decided to put in charge 
 " an intelligent Chief Factor who had the talent of managing 
 the people, together with the necessary assistance of clerks ; " 
 he to make " the requisite arrangements with the gentleman 
 in charge of the settlement for the location of these families." 
 Mr. John Clarke was selected for this office, and he worked 
 in co-operation with Governor Bulger to settle these retired 
 
 (/) A7ite, p. 20. Vifle references to surveys : Gunn, 199, 200, 239, 
 225 ; Ross, 45, 77. 
 
 ((/) Mr. Kemp was not only the Colony surveyor, but also sheriff of 
 Assiniboia, having been appointed to that office at a General Court of the 
 Company held in London, May 29, 1822. Writing to the author on April 
 19, 1892, Mr. Chief Factor William Cowan, says, " I only know about 
 Kemp that he was a surveyor, and made a survey of the Red River 
 Settlement." 
 
 (h) Archives : Bulger Papers, vol. ii. p. 251. Vide ante, pp. 30 et seq., 
 for prior remarks on these settlers.
 
 COMPANY S LAND TENURES. Ill 
 
 servants in convenient localities (i). Mr. Kemp, the surveyor, 
 drew up a plan in February, 1823, of: a village on the Assini- 
 boine River, but, the Roman Catholic clergy having raised some 
 objections, the Image Plain was selected by Mr, Clarke as 
 a more suitable place, it being acceptable to Father Dumoulin, 
 and eight lots of 32 acres in extent, which had been laid out 
 there in the preceding autumn by Mr. Kemp, were allotted to 
 various persons, "the first commencing at about 60 yards 
 below the Pigeons." " If," writes the Governor to Mr. Clarke, 
 "you will cause these eight lots to be drawn for, and the 
 people who gain them to attend altogether upon a certain 
 day (giving us one day's notice), Mr. Kemp's chain-carrier shall 
 go with them to the spot, and point out their respective 
 numbers. For the rest, be assured that Mr. Kemp is anxious 
 to get them settled, and will do so as soon as possible." The 
 names of John Park, J. Whiteway, J. Foster, and George 
 Spence are mentioned as having received certificates for lands 
 up to that time ; more were granted later. 
 
 The necessity for a careful survey was urgent, for, as the 
 Governor says, " the inhabitants settled upon the Red River 
 above the Forks complained to me that, the limits of their 
 lots being still undefined, they were afraid either to complete 
 the buildings they had already erected or to cultivate the 
 land around them, and they appealed to me, to remedy the 
 mischievous confusion. I considered (erroneously perhaps {j ) ) 
 that my first duty was to attend to them — the old settlers — 
 who had struggled through successive years of desolation, and 
 were now in consequence burthened with a very heavy debt, 
 and I gave Mr. Kemp directions to ascertain and mark oft' 
 
 (i) An interesting correspondence between Mr. Clarke at Fort Garry, 
 and the Governor at Fort Douglas on the subject, will be found in the 
 Bulger Papers, vol. iii., April, 1823. 
 
 0) Referring to claims put forward by Mr. Clarke for immediate con- 
 sideration of the convenience of the newly arrived retired servants of the 
 Company.
 
 112 THE HUDSON'S BAY 
 
 their limits, previous to his going to the Image Plain." The 
 Governor refers to Mr. Kemp's exertions, and praises him 
 highly, saying that he " is surpassed by no man that I have 
 ever known in zeal and industry in the performance of his 
 professional duties," which were very arduous because of the 
 "manifold evils occasioned by his predecessor (Mr. Fidler), 
 who, in the character of a surveyor, has spread confusion 
 throughout the land." 
 
 It is much to be regretted that no plan of this important 
 survey of Mr. Kemp's can now be discovered. Application 
 w^as made by the writer to every quarter in which there was 
 any chance of the plan being found, but without success. 
 That it was in existence a few years ago there is no doubt. 
 Mr. James Taylor, of Prince Albert, N.W.T., who has given 
 considerable attention to the old records of Assiniboia, 
 informs the writer that he consulted this map, and also that 
 of Mr. George Taylor (1836-8), on several occasions in the 
 Dominion Lands Office in Winnipeg. He took particular 
 notice of the map, being, as a descendant of one of the original 
 settlers, much interested in it, and also wishing to examine 
 it on behalf of others similarly situated. It was dated 1822. 
 On one occasion Mr. W. G. Fonseca, a well-known resident of 
 Winnipeg, was with him, and they examined the map together. 
 The last time Mr. Taylor saw it w^as about a fortnight before 
 the then agent, Mr. A. H. Whitcher, was removed to Ottawa, 
 to the Topographical Surveys Branch; this was, he thinks, 
 in 1890; Mr. Whitcher then told him that he had been 
 instructed to forward all the old maps to Ottawa. The writer 
 inquired in December, 1893, at the Winnipeg office about the 
 map, and was told that it was not there ; that the old maps 
 liad been sent to Ottawa some years before by instructions 
 from the Department of the Interior. Aj)plication was then 
 made to the Department, but the secretary replied, January 
 10, 1894, "We have no record in the Department of the 
 Kemp survey." Where is it, then ? The reluctance of the
 
 company's land tenures. 113 
 
 Department of the Interior to give any information in regard 
 to the old surveys is proverbial ; it has made many grievous 
 blunders, and fears investigation. Either the Department has 
 designedly suppressed the map, or it has been stolen from its 
 custody. Each of these alternatives lays the officials of that 
 Department open to censure. 
 
 Mr. Roger Goulet (/.;), who did a good deal of surveying 
 for the old Council of Assiniboia, and is now employed in the 
 Dominion Lands Commission at Winnipeg, informed the 
 writer in the autumn of 1893 that he well remembered the 
 plan of Kemp's survey, having repeatedly had occasion to 
 consult it in discharge of his duties. He particularly re- 
 membered the map from the fact that portions of it were 
 coloured green, doubtless to show the number. Before the 
 Transfer it was in the custody of the Company ; since then he 
 had seen it, and believed it to be in the Dominion Lands 
 Office at Winnipeg. 
 
 Mr. James Taylor says that the map comprised the Selkirk 
 Settlement river lots, and agreed with Taylor's survey, of 
 which full particulars are yet extant, both as to the courses 
 of the lines and the distance from the river, but all the 
 numbers are changed. For instance, Michael Reine, or Rhyne, 
 was allotted Lot 911 in Kemp's survey ; this appears in Taylor's 
 survey as 771, being so entered in the Company's Register B, 
 and in the Dominion Government parish survey it is recorded 
 as 117. Fortunately, there are preserved to us two leases, 
 dated August 13, 182-i, of Lord Selkirk granting estates for 
 1000 years in lands described by Kemp's survey. These have 
 already been referred to at a prior page (I), but the description 
 of the two lots set out in them is here given : — 
 
 Lot 819 : 
 
 Beginning at a post planted on the east bank of Red River, and 
 running east two English miles or thereby, thence eight English chains in 
 
 (k) Born at Red River, August 15, 1834. (1) Ante, p. 53.
 
 114 THE HUDSON'S BAY 
 
 a southern direction, thence west to the bank of the Red River, and from 
 thence along the course of the same to the place of beginning. 
 
 Lot 845 : — 
 
 Beginning at a post planted on the east bank of Red River, and 
 running N. 71° E. twenty-five chains, thence south to the swamp and 
 round the east side of the swamp to the track leading to Hayfield farm, 
 thence N. 78° W. to the Bank of Red River, and from thence along the 
 course of the same to the place of beginning. 
 
 This lot comprised 215 square acres ; the forraer 120 square 
 acres. Robert Log-an was the grantee in each instance. It 
 has been noted on page 62, 63, that in 1823, Charles Gaspard 
 Bruce got in fee simple Lot 158, eleven acres according to the 
 " official plan," which must have been Kemp's ; Michael Gatien 
 got 153, ten acres, and Joseph Watt Lots 154 and 155. 
 
 A number of years after the completion of Kemp's survey 
 in 1822, Lord Selkirk's executors decided to have a new survey, 
 doubtless to correct any errors in prior ones, and to define the 
 limits of the allotments of the various occupiers. As appears 
 from some of the certificates of the executors (m), this step had 
 been contemplated so early as 1833, and was commenced in 
 1835, at least, for certificates in that year stated that formal 
 title-deeds would be given " when the survey of the settle- 
 ment shall have been completed." This was being made by 
 Mr. George Taylor, and the result of his labours appears in 
 the elaborate plan drawn up by him, and in the monumental 
 B, which may not inaptly be styled the Red River Domesday 
 Book. The original plan has disappeared, in that mysterious 
 manner which marks the fate of Red River records. The 
 Company assures the writer it has not got it ; the Department 
 of the Interior says it is not at Ottawa ; the Dominion Lands 
 agent at Winnipeg, it is not in his office ; and so does the 
 Commissioner of Dominion Lands in the same city. A copy, 
 however, is to be found in the Commissioner's office, and there 
 is also one in the Interior Department at Ottawa. The 
 
 (m) Ante, p. 48.
 
 company's land tenures. 115 
 
 inscription on the map in Winnipeg is as follows: "Plan of 
 the Red River Colony, copied from that in the possession of 
 the Hudson Bay Company. Surveyed in 1836-7-8. Scale 
 50 chains to an inch." There is no name to it, but it is 
 universally acknowledged that it is the work of Mr. George 
 Taylor ('/i). The plan shows the settlement belt, on the 
 Assiniboine River, from Red River to the westerly line of St, 
 Francois Xavier parish, nearly ; and on Red River, from near 
 the present town of Selkirk to Lot 208 on the east side, and 
 to Lot 53 on the west side, of the parish of St. Norbert, both 
 inclusive. The numbers on the plan are identical with those 
 in Register B. There are 1542 lots in all, and the numbers 
 begin on the west side of Red River in St. Clement's parish, 
 running southerly ; those on the east side of the river run 
 northerly. 
 
 In August, 1869, preceding the Transfer to Canada, Lieut.- 
 Colonel J. S. Dennis, on behalf of the Dominion Government, 
 arrived at Fort Garry, and the actual field-work was begun 
 in September at Pembina by a series of observations for 
 latitude to determine the position of the 49th parallel ; " these 
 observations placed the boundary-line between the United 
 States and the territories about two hundred feet further 
 north than that determined some years previously by General 
 Pope of the United States army " (o). On the first of December, 
 owing to the operations of Louis Riel and his rebels, field- 
 work was finally stopped ; Colonel Dennis's statement of the 
 results of the survey up to that time shows a survey of 
 the settled farms on the west side of Red River, and below the 
 parish of St. John's, and up the Assiniboine on the north side 
 
 (n) Mr. Taylor is long dead. His eldest son, George, is in the Saskat- 
 chewan district, and carries the mail by stage from Prince Albert to 
 Melfort, in the Carrot River country. For years after his father's death 
 he preserved his books and papers and a map of the Colony. But one 
 evil day his house took fire when every one was away, and all these 
 precious records were burnt. Mr. Taylor is about sixty years of age. 
 
 (o) Dennis, supra.
 
 116 THE Hudson's bay 
 
 between Fort Garry and Silver Heights (or a little beyond 
 the latter near Sturgeon Creek), ascertaining the actual 
 boundaries and position of buildings, situation of roads, and 
 traverse of river in front, 20,000 acres. Under the heading 
 " Office Work " he states that he had prepared, inter alia, " one 
 plan on scale of 60 chains to an inch, showing the Hudson's 
 Bay Company's grants on Red and Assiniboine rivers, as copied 
 from their maps, and also showing where the township 
 exteriors, according to the system decided upon, will intersect 
 the same ; " and " Two finished tracings of Hudson's Bay 
 maps, showing grants so far recorded." One would almost 
 think that one of these maps must have been Kemp's survey, 
 and the other Taylor's. What has become of these copies sent 
 to Ottawa by Colonel Dennis ? Further, what has become 
 of the originals ? The present inquiry is not concerned with 
 the subsequent surveys of the Dominion Government, the 
 official maps of which can be readily obtained from the 
 Department of Interior. Should any one care to pursue 
 the subject further, full particulars will be found in Mr. 
 Dennis's Short Histoi^. 
 
 In the Dominion Land Office at Winnipeg will be found 
 three volumes of " Surveyor's Reports of Parishes," by con- 
 sulting which may be found, generally, the numbers of the 
 lots of the Dominion survey which correspond to those of 
 Taylor's survey, though in a number of instances the Dominion 
 lots are much larger than Taylor's, arising almost always from 
 the fact that when the Dominion surveyors found a settler in 
 occupation of three, say, adjoining Taylor's lots, they would 
 enter them in their survey as one large lot. This accounts 
 for the variation in size of the lots of the present survey. 
 
 Mr. Taylor's plan cannot be reproduced here on a scale 
 that would be of practical utility. To face this page is a 
 reproduction of an outline map showing that portion of the 
 settlement surrounding the Forks of Red River in 1836, 
 according to Taylor's survey. The original of this map is in
 
 Vtt_^^, 
 
 I 
 
 ^ 
 
 M
 
 m
 
 company's land tenures. 117 
 
 the Provincial Library at Winnipeg. The later date in lower 
 right-hand corner, and the note referring to the dotted lines, 
 were made by some one in the employment of the Company, 
 probably either Mr. Fortescue or Mr. Hargrave ; certain of 
 the names are also filled in by them, such as " Wm. Drever," 
 " Emmerling," " Bannatyne," " McDermot," " McKenncy," 
 " McDougall." The words " Pensioners' Lots " are probably of 
 a still later origin, for these allotments, as has been seen, 
 extended almost to Fort Garry. The map is not a very satis- 
 factory one, as the information it gives is meagre, but it is 
 the oldest one that has come to light, so merits consideration 
 on that ground. All the land on the west side of Red River 
 is in the limits of the present city of Winnipeg ; a consider- 
 able portion of that on the east side is now the town of St. 
 Boniface, the Roman Catholic settlement since 1818. 
 
 The foregoing is all the information, practically^ that can 
 be gleaned in regard to the early surveys of Red River. 
 
 Now as to the records. These are meagre enough. The 
 absence of those prior to 1822 has already (p) been accounted 
 for, they were wantonly destroyed in that year by Alexander 
 McDoneli, Governor of Assiniboia, surnamed the " Grass- 
 hopper " Governor. Any one who knows what a visitation of 
 grasshoppers means will appreciate the significance of this 
 title ; nothing could be more indicative of the odium in which 
 he was held. When the Council of Assiniboia was established 
 in 1835 by the Hudson's Bay Company, its minutes were 
 regularly kept in folio volumes. The last of these, only, can 
 now be found; it is in the Provincial Library at Winnipeg, 
 and begins on March 14, 1861, ending at the time of the 
 occupation of Fort Garry by the rebellious half-breeds in 18G9. 
 The fate of the prior volumes is a mystery ; it is the more 
 regrettable because they would throw light on one of the 
 most interesting periods in the history of Manitoba. The 
 
 Q>) Ante, p. 21.
 
 118 
 
 THE HUDSON S BAY 
 
 same remarks ai:)ply to the records of the General Quarterly 
 Court, which, only from November 21, 1844, will be found in 
 the Provincial Library. These are very well kept, and give 
 much valuable information ; some of the trials are very 
 interesting; not only the pleadings, such as they were, are 
 given, but also the various witnesses, their evidence, the 
 names of the jury and of the presiding magistrates and 
 officials. The foregoing records derive their value from an 
 historical, not a practical, standpoint. In this they differ 
 materially from the " Domesday Book," or Red River Register 
 B, which, or the statutory copies thereof hereafter mentioned, 
 are frequently consulted. This register is in the immediate 
 custody of the Land Department of the Company at Hudson's 
 Bay House, Winnipeg, and lies in the vault in the basement. 
 It is a ponderous tome of stout brown pigskin, bound with 
 brass clasps, and stamped on each cover with the arms of the 
 Company in gilt, and the words, " Red River Settlement, 
 Register B." It is ruled into a number of columns with 
 printed headings, running right across each double page as in 
 the note (q) which shows the double open page on a reduced 
 scale. The original writing is that of Mr. Nathaniel Logan (r), 
 though subsequent entries are in various hands, and the 
 book is at least as old as 1851, and probably older. Several 
 
 (5) 
 
 
 
 
 
 
 
 
 No. of 
 Lot. 
 
 NAME. 
 
 Folio 
 of Register. 
 
 Actual Measurement 
 of Lot. 
 
 Acres Granted 
 
 by 
 Earl of Selkirk. 
 
 
 Acres. ; Koods. 
 
 Poles. 
 
 Gratis. 
 
 Payable. 
 
 
 
 
 
 
 
 
 
 (r) Ante, p. 69.
 
 COMPANY S LAND TENUKES. 
 
 119 
 
 lots are entered on each page, the same space being given to 
 each, and they are 1542 in all, to correspond with Taylor's 
 survey. Entry No. 1 records the ownership of three claims 
 by John Fidler, and the same number by Thomas Fidler, who 
 transferred to Alexander Ross, The last grant is that of 
 Robert McKay, forty-eight acres granted by the Company on 
 July 12, 1858, at 7s. Qcl. per acre; the dates of grants are 
 seldom given. No. 2 belonged to George and John Kippling, 
 May 9, 1835. A few of the lots have no entries at all con- 
 cerning them ; quite a few towards the end are filled in in 
 pencil only, with meagre details; some names are in the 
 wrong places ; there are five or six original orders for transfers 
 of land lying loose between the leaves, these ought to be 
 carefully preserved ; at folio 312 is a draft plan of some river 
 lots, 1018-1014, 128G-1320. A great deal of interesting 
 information may be gleaned from these entries. Here arc a 
 few entries : — 
 
 Lot No. 4: January 1, 1849, 7^. 6d. per acre. Henry 
 Atkinson ; payable in 7 annual instalments. 
 Reassumed by the Hudson's Bay Co, 
 Granted to the Lord Bishop of Rupert's 
 Land for the time being, 7th Jany, '64 (To 
 be held for ecclesiastical uses.") 
 No. 24 : " Trustees for the Presbyterian Congregation of 
 Little Britain (Deed granted by Governor 
 Dallas)," March 21, '64, 82ac. 3r. 8p., gratis. 
 
 Acres Granted 
 
 by 
 
 Hon. H. B. Co. 
 
 Total. 
 
 Date of 
 Grant. 
 
 Price per 
 Acre. 
 
 Amount Payable 
 and When Paid. 
 
 REMARKS. 
 
 Gratis, j Payable. 
 
 Gratis. Payable. 
 
 
 
 
 
 
 
 
 
 

 
 120 THE HUDSON'S BAY 
 
 No. 62: Alexander Sabiston 61ac. 2r. 24p. "Lower 2 
 
 chains transferred to Alexander Sabiston Jr., 
 
 on condition that he be not allowed to sell 
 
 during his lifetime." 
 
 No. 77 : 292ac. Church Missionary Societ}^ gratis from 
 
 the Company, June 1, 1831. 
 No. 196 : Frog Plain, 314ac. Granted gratuitously by 
 Governor Colvile to Alexander Ross and 
 other Trustees of the Presbyterian Com- 
 munity of Red River Settlement. 
 No. 575 : Thomas Halcrow, 69ac. 19r. ; from the Earl of 
 Selkirk, 1830-31, of which 50 were paid for, 
 balance gratis. 
 No. 745 : " The Superior of the Sisters of Charity (lOac. 
 1. 20), sold to her by Widow Ducharme. 
 Granted by Lord Selkirk to Louis Ostertag, 
 one of the De Meruons, and by him to 
 Bishop Provencher." 
 Similar entries in next 8 lots. 
 No. 903 : " Catholic Mission. Held by grant from the 
 
 Earl of Selkirk," 10,392ac. 2r. 24p., gratis. 
 In the cases of Keating v. Moises (s), Mr. McTavish, the 
 accountant of the Company at Fort Garry between 1860 and 
 1870 (t), stated that he had reasons for questioning the 
 authenticity of some of the entries in the register. " There 
 are entries in that book which were not in it formerly. 
 What I mean is this; there are entries in that book w^hich 
 were made by parties connected with Riel's [Rebel] Govern- 
 ment." It was out of the custody of the Company from 
 
 (,s) Ante, p. 68. 
 
 {t) 111 the case of Sinclair v. Miilligcoi, tried at Winnipeg in January, 
 1880, Mr. McTavish gave further evidence in regard to Register B. "I 
 was in the employ of the Company from 1857 to 1881 in ahnost every 
 capacity, from apprentice clerk up to district manager or chief factor. It 
 was my duty to look after the register from about 18C0 until 1870."
 
 company's land tenures. 121 
 
 November, 1869, until April or May of 1870; during that 
 time fraudulent entries were made by W. B, O'Donohue, 
 a member of the Provisional Government, who assumed the 
 charge of it and other public documents. An instance of such 
 tampering would be found in the case of Lot 1212, where 
 a transfer is recorded by Madame Noline to Joseph Poitras, 
 as of date of October 24, 1868 ; this is a forgery in the hand- 
 writing of O'Donohue, To brand it as such, Mr. McTavish 
 made an entry, " Null. Not made with the authority of the 
 H. B. C— J. H. McTavish." In the summer of 1870, after 
 the troops came to Fort Garry, the Company regained pos- 
 session of the register. After the Transfer, some few entries 
 might have been recorded in it ; as Mr. McTavish put it, " I 
 might have made transfers in this book after it came back into 
 my possession, and there was nothing to prevent the holders 
 [the Company] making any entry they chose in it. This was 
 the only official record book of land transactions during the 
 time the Council of Assiniboia were the Government of this 
 country" (u). The original entries in Register B were made, says 
 the same witness, in Keating v. Moyses, " from the old Hudson's 
 Bay entries which were in quarter folio, and they were made 
 by him who got up this book, and his entry was recognized 
 by the Hudson's Bay Company. ... I don't know what became 
 of the old books ; I rather fancy they are in the hands of the 
 Department of the Interior. The Company say they haven't 
 got them. . . . This book took the place of the old books, and 
 was made for the purpose of showing the title, and has been 
 used by the Company ever since." The object of the heading 
 " Acres granted by Lord Selkirk," was to distinguish between 
 those who derived title direct from the Earl before he recon- 
 veyed to the Company, and those who derived from the 
 Company after that event. 
 
 Though in 1883 the Company said that it had not got 
 
 (■«) Coxuicil established in 183.5. Mr. McTavish is niistakon in tliis 
 statement, as will later appear.
 
 122 THE Hudson's bay 
 
 the old records from which Register B was made up, a state- 
 ment repeated to the writer last year, yet he was fortunate 
 enough, after a persistent search, to discover them on the 27th 
 of October, and they are now in case No. 1, in the Company's 
 warehouse No. 4, on the north bank of the Red River, and 
 are indexed as numbers 04 and Go. They should rather be 
 described as small folio volumes, half-bound in faded red 
 leather. They are labelled in writing as follows : — 
 
 Mem° Respecting Grants 
 
 of land in Red 
 
 River Colony, No 1. 
 
 They record grants of land by Lord Selkirk and the 
 Company in a fashion very similar to Register B already 
 described, but the headings, which differ slightly, and lines 
 are filled in by hand, not printed. The writing is very 
 similar to, if not identical with, that of B. The great 
 distinction is that the method of arrangement is not by con- 
 secutive number of lots, but alphabetically according to the 
 grantees' names. Thus the three first grantees are Joseph 
 Adam, George Adams, and Pierre Allard, receiving lots Nos. 
 379 (100 acres), 168 (50 acres), and 862 (50 acres) respectively. 
 These numbers correspond with those in Register B, so it is 
 probably the original record of Taylor's survey. The three 
 grants cited are stated to be from the Company, May 1, 1835, 
 April 20, 1835, and April 6, 1835. It will be remembered 
 that in a prior chapter (v) it was stated that, in default of 
 better evidence, the date of the reconveyance by Lord Selkirk 
 to the Company would be taken to be 1836, but if these 
 entries are accurate as to dates, and not made regardless 
 of a wish to strictly distinguish between the grants of the 
 Earl and the Company, the assumption would be that the 
 reconveyance was made prior to the earliest of these grants, 
 
 (v) Ante, p. 19.
 
 company's land tenures. 123 
 
 i.e. April 6, 1835. Volume 1 contains names A to N, volume 
 2 the rest of the alphabet ; the pages are not numbered. 
 The dates of grants range from November 10, 1830, Lot 571, 
 50 acres to John Hourie, senior, by Lord Selkirk, to Lot 98, 
 25 acres, from the Company to James Johnstone, on January 
 6, 1840, i.e. in the handwriting in which nearly every entry 
 is recorded : but there are two later grants interpolated in 
 a different hand, one to William Donald, jr., of Lot 80, 93 
 fractional acres, on May 2, 1843, at 7s. 6d. per acre; and the 
 other, the latest, to Fran9ois Boudron, Lot 320, G5 fractional 
 acres, by the Company, on February 5, 1844, valued at 
 £7 15s. Od. The inference from this would be that Register 
 B is at least as old as 1844. 
 
 Most of the grants bear date in April, 1835, but a number 
 were made on April 15, 1839; for example, the Widow Kennedy, 
 from Lord Selkirk, of Lot 491, 50 acres. This shows, as above 
 suggested, that these dates cannot be relied on with certainty, 
 for the colony had passed out of the possession of the deceased 
 Earl's executors at least three years before. The prices range 
 from 5s., 7s. Qd., 10s., to 12s., 6d. per acre. In the "Remarks" 
 are recorded transfers from one party to another, and other 
 information, such as the making of payments ; in some cases 
 no date of a grant is given, nor a price, nor from whom derived. 
 
 Names and particulars appear in these volumes which are 
 not noticed in B ; for example, compare the entries in regard 
 to Alex. McLean and Lots 220 and 632, and John McLean, 
 Lots 221 and 633. In B Alex. McLean is not mentioned 
 in connection with Lot 220, nor does the name of John McLean 
 appear at all. Apparently in B the intermediate grantees 
 were not recorded, only the owner at the time of the 
 compilation. 
 
 In an official report made by the late Chief Justice Wood, 
 of Manitoba, to the Department of the Interior, on a case (iv) 
 
 (w) Quoted in A Manual of ihe Laxo of Becjistrathn of Titles to Ecu! 
 Estate in Manitoba, etc. By L. W. CoutMo. Toronto, 1890.
 
 124 THE HUDSON'S BAY 
 
 submitted to him under the Dominion Lands Act, he stated 
 that the register, "as containing a connected history of the 
 changes and transfer of land," was " wholly unreliable." No 
 one at all familiar with this record would claim for it any 
 such properties; it shows on the face of it that it is not 
 a connected history of any of the lots therein mentioned, but 
 it is strong iwimd facie proof of ownership in fee at a 
 specified time. This is the view now entertained by the best 
 authorities, and acted upon by the Government. 
 
 The expression " acres granted " either by the Earl or the 
 Company conveys not the slightest intention of a limitation 
 to a lease ; according to a well-known rule of law, the pre- 
 sumption of the greater estate is in favour of the grantee. 
 If it had been intended to lease the land, that word would 
 have been used. As was pointed out by Mr. (now Chief 
 Justice) Justice Taylor in 1883 (^), the memorandum "does 
 not contain particulars from which it could be treated as an 
 agreement for a lease ; for instance, no term is mentioned for 
 which the grantee was to hold the land." As has been seen 
 in Chapter IV., the view taken by the Department of Justice 
 is that "the word 'grant' in the entries may be considered to 
 afford an indication that the intention was to grant a fee 
 simple." 
 
 In regard to Register B, it only remains to be said that 
 two copies of it are in existence, one in the Department of the 
 Interior at Ottawa, and the other in the Land Titles Office 
 at Winnipeg. The Manitoba Government, recognizing the 
 great importance of this record, authorized at its first session, 
 by statute, " an act to make valid a certain copy of the 
 Hudson's Bay Company's plans of survey and for other 
 purposes," the making an exact copy of the register. This 
 was done by Messrs. W, N. Kennedy and Frank I. Clarke, 
 and their affidavit of verification, dated January 7, 1874, will 
 
 (x) Kealing v. Moises, 2 Man. R. 48.
 
 COMPANY S LAND TENURES. 125 
 
 be found on the back of the copy in the Land Titles Office, 
 together with a certificate of Lieut.-Govcrnor Morris. The work 
 was well and carefully done, even the faintest pencil-marks 
 being faithfully reproduced. This attested and statutory copy 
 is received in all courts as evidence where the original 
 would be so received. 
 
 Register A is in Government House, Winnipeg, and is a 
 thick folio volume, likewise bound in brown pigskin and 
 fastened with two brass clasps. It is much smaller than B, 
 and is not stamped with the Company's arms, as it belonged 
 to the executors of Lord Selkirk, and was compiled by them, 
 though there is no particular date assigned to it. It is 
 lettered on the front cover, and back, " Register Book A," and 
 was made by Bailey, Surgey and Blight, SO, Cornhill, London. 
 It is not a register of lands, but of documents relating to the 
 settlement. The first thirty-eight pages alone are utilized, 
 and of these No. 35 is blank. 
 
 Document No. 1 is a copy of the conveyance from the 
 Company to Lord Selkirk, June 12, 1811. This will be found 
 in Appendix B. It occupies pages 1-13 inclusive, the last 
 three and a half being taken up with affidavits of due 
 execution, certificates, etc. To face page 9 is a copy of a map, 
 beautifully executed, of the territory granted, on a large sheet 
 folded up, more than twice as big as an ordinary page of the 
 register. A reduced copy of this map will be found elsewhere 
 in this volume. 
 
 Document No. 2 is a copy of the agreement of July IS, 
 1817, between Lord Selkirk and the chiefs of the Saulteaux 
 Nation, given on page 12 of this book. This agreement 
 occupies pages 14 and 15, and to face the latter page is a map, 
 also reproduced in this volume on a reduced scale ; the portion 
 conveyed is coloured blue in the register. 
 
 Document No. 3 occupies pages 16-22, and three-quarters 
 of 23, and irs a copy of Trust Disposition (dated at Edinburgh, 
 August 20, 180G, and re'dstered in the Books of the Lords
 
 126 THE Hudson's bay 
 
 of Council and Session on April 28, 1850) from Thomas Earl 
 of Selkirk to Sir James Hall, Baronet of Dunglass ; Sir 
 James Montgomery, Baronet of Stanhope ; Captain Peter 
 Halkett of the Koyal Navy ; Adam Maitland, Esq., of 
 Dundrennan; and Dugald Stewart, Esq., Professor of Moral 
 Philosophy in the University of Edinburgh. It relates to the 
 disposition of his various properties in Scotland; "in the 
 island of St. John's, alias Prince Edward's," consisting of lots 
 or townships numbers ten, thirty-one, thirty-two, fifty-seven, 
 fifty-eight, sixty, sixty-two, half of twelve, one-third of fifty- 
 three, and one-third of fifty-nine ; in Upper Canada ; and in 
 the state of New York, being those " acquired by Henrietta 
 Maria Golden, from William Constable, Esquire, of the city of 
 New York, and by me from the said Henrietta Maria Golden, 
 consisting of five thousand acres, or thereby, lying on the 
 banks of Lake Ontario at the mouth of Great Salmon River." 
 The Upper Canada lands are not specified, and the Red River 
 lands not then acquired. 
 
 Document No. 4 comprises pages 23 (one quarter) to 
 30 inclusive, and is copy of a " Supplementary Trust Dis- 
 position and Settlement," executed by the Earl at Edinburgh, 
 on April 28, 1820, in favour of " John Halkett, of Seymour 
 Place, Curzon Street in the Parish of St. George's, Hanover 
 Square ; Andrew Golvile, of Ochiltree, and of Crommie in the 
 county of Fife, and of Leadenhall Street in the City of London, 
 Esquire; Peter Wedderburn, of Islabank in the County of 
 Forfar, Esquire; and James Wedderburn, Esquire, His Majesty's 
 Solicitor-General for Scotland, and the survivor and survivors 
 of them accepting this trust to be trustees along with the said 
 Sir James Hall, etc." This supplementary deed is stated to 
 have been necessary, as the first one, " having been executed 
 according to the law of Scotland only, is insufficient to convey 
 to my said trustees the lands and tenements therein mentioned 
 which are situated in the island of St. John's, otherwise called 
 Prince Edward's Island, in the province of Upper Canada and
 
 company's land tenures. 127 
 
 the United States of North America, or to convey a certain 
 tract of land, Ossinioboia (sic), since acquired by me from the 
 Governor and Company of Adventurers of England trading 
 in to Hudson's Bay." This, and the foregoing document, 
 comprise the Earl's will(2/); he died at Pau on April 8, 1820. 
 
 Document No. 5, on page 31, is a certificate of Probate 
 granted by Charles Archbishop of Canterbury, to the effect 
 that on June 6, 1820, at London, was proved "the last will 
 and testament, with a codicil thereto," of the Earl, and 
 administration of his goods (sworn under £25,000), was granted 
 to Sir James Montgomery, Bart., Andrew Colvile, and John 
 Halkett, Esquires ; power reserved to make a like grant to Sir 
 James Hall, Bart., Peter Halkett, Adam Maitland, Dugald 
 Stewart, and Peter and James Wedderburn, Esquires, when 
 they or any of them should apply. The following note is 
 added: "The effects have since been sworn under the sum 
 of £35,000 (Sd.) H. Austis, Stamp Office, January 10. 1822." 
 
 Document No. 6, pages 32-34, dated July 1, 1820, is a 
 copy of the renunciation of the trusts under documents 3 and 
 4 by Sir James Hall, Admiral Peter Halkett, Dugald Stewart, 
 and Peter Wedderburn in favour of Sir James Montgomery, 
 Adam Maitland, Andrew Colvile, John Halkett, and James 
 Wedderburn, reciting the two trust dispositions, and that the 
 four first-named parties had never acted thereunder. 
 
 Document No. 7, dated May 18, 1823, is on pages 35-38, 
 and is a power of attorney from Sir James Montgomery, 
 Adam Maitland et al. to Sir George Simpson and Robert 
 Parker Pelly to sell and dispose of all or part of the District 
 of Assiniboia; in terms it is in operation identical with the 
 power, found on pages 43-46 of this volume, given to Governor 
 Bulger. 
 
 So much for Register A, which is here described, and its 
 contents made known, for the first time. 
 
 (y) Vide Appendix I.
 
 128 THE HUDSON'S BAY 
 
 Where arc tlic volumes that should accompany it, and 
 show the actual grants of land made by the Earl and his 
 executors, as those made by the Company are shown in B ? 
 The writer for a long time felt convinced that these registers 
 must be in existence, as they would be too valuable to destroy, 
 and instituted inquiries in all directions without, for a long 
 time, any success. In the course of conversation in October, 
 1893, with Mr. John Balsillie, formerly of the Company's 
 service, the latter stated that he well remembered two such 
 volumes, and had made some notes in regard to them. Mr. 
 Balsillie consulted his memoranda, and stated that he had 
 been employed at Winnipeg, in the autumn of 1891, by Mr. 
 Joseph Wrigley, the Commissioner of the Company, to arrange 
 and index a large quantity of the books and papers which were 
 in warehouse No. 4, near Main Street bridge. In the course 
 of his work he unearthed two large land registers, in red 
 leather binding, recording grants at Red River by the Earl 
 of Selkirk and his executors, and giving other information 
 relating to lands similar to that contained in Register B. He 
 took an extract at the time from No. 2 of these volumes, which 
 is now in the writer's possession. From this extract it appears 
 that volume 2 was a record of " Deeds granted by Executors 
 of Lord Selkirk up to 183-." From it it also appears that on 
 page 399 of that volume was a " deed to Donald Gunn and 
 John McDonald from exors. of Selkirk, dated Feby. 22, 1825, 
 by Govr. Pelly of Assiniboia, agent for exors. of Earl of 
 Selkirk." Other notes of Mr. Balsillie's go to show that the 
 volume also contained a copy of the deed from the Company 
 to the Earl, and his will " proved in London June 6, 1820." 
 These two precious volumes were not included by Mr. Balsillie 
 with the other books and accounts, which related to the fur 
 trade, but, as relating to the work of the land department, 
 put aside by him ; nor, for the same reason, were they included 
 in the catalogue of the books packed in the various cases 
 and replaced in the warehouse, which catalogue is now in
 
 COMPANY S LAND TENURES. 129 
 
 the custody of Mr. W. S. Becher, the accountant. These land 
 registers were set aside on a shelf in a back room of the 
 Company's building on the corner of Main Street and 
 Broadway; this room was back of a room well known to most 
 Winnipeggers as having been formerly occupied by Mr, 
 Herbert Swinford. The intention was that the Land Depart- 
 ment should have volumes as forming part of their records, 
 but each member of the Land Department informed the writer 
 in October that he was positive he had never seen the volumes ; 
 the accountant is equally positive he never saw them, and 
 the only thing certain about them is that they have dis- 
 appeared. Thinking that they might have been placed with 
 the account books in the old warehouse No. 4, the writer spent 
 the greater part of a day in unpacking the numerous cases 
 with the assistance of two men, but had to desist after a 
 fruitless search. It is difficult to imagine that two such note- 
 worthy volumes could have been mislaid ; they must have been 
 either stolen or concealed. The officials of the Company 
 stated that they had every disposition to find these records, 
 but it says little, very little, for the way the internal affiiirs 
 of that corporation are administered, that the two most 
 valuable records of Manitoba have disappeared, and no 
 explanation of their disappearance has even been demanded 
 by the powers that be. Publicity is given to this matter, for 
 it is to be hoped that at the next General Court of the 
 Company, some one of the directors who has the fair name 
 of the ancient corporation sufficiently to heart, will cause 
 such instructions to be given that the records will be found, 
 for found they can be if they must be. This should be done 
 first as a public duty, and, second, to remove the reproach of 
 carelessness and apathy which rests on those in charge at 
 Winnipeg. "The Company," as the Commissioner, Mr. 
 Chipman, said to the writer, "has nothing to conceal." This 
 is true, and if all the officials were as willing to assist as Mr. 
 Chipman, the task of the Red River antiquary would be
 
 130 THE Hudson's bay 
 
 easier, but they are not. The Company owes it to the 
 public to afford every facility for historical research, and it 
 should be borne in mind that these public records are the 
 property in reality of the Government, for the Company sold 
 out its rights of every nature to Canada, and all these 
 volumes are but evidences of those rights, and should be in 
 the possession of the Manitoba Government, and as free to 
 public inspection as are the public documents of Great 
 Britain in the Record Office in Fetter Lane. It should not 
 be forgotten that Mr. Chipman was not in authority when 
 these records disappeared, and is in no way responsible for 
 their loss. But they should be recovered. 
 
 While on the subject of lost documents, it may be as well 
 to mention the fact that it has lono- been a matter of current 
 report that several bags of the Company's books and documents 
 were lowered into the well in Old Fort Garry by the late J. 
 H. McTavish, and never got out again ; this during the taking 
 of Fort Garry in 1869. The well was lined with stone, and 
 about fifty -five feet deep, dry most of the year. It has since 
 been filled up, and probably the volumes would yet be in a 
 good state of preservation. It might be worth while for the 
 local antiquaries to look into the matter, for though it does 
 not do to give credit to every idle rumour, yet stranger things 
 have happened to Red River books, to the writer's own 
 knowledge (0). 
 
 As to the method of transfer of land in Assiniboia. 
 
 («) In the summer of 1893 were discovered, in an old shed in the 
 Hudson's Bay Reserve in the city of Winnipeg, back of the house then 
 occupied by Mrs. Thomas Howard, some big folio vohimes which formed 
 part of the library of Mr. Peter Fidler, the surveyor above mentioned. 
 Two of these were battered and incomplete portions of a four-volume 
 edition of the Cyclopcedia of Arts and Sciences, 1786, with Mr. Fidler's 
 name on the title-page of each. The writer preserved the two title-pages, 
 giving one to Mr. W. C. Fidler of St, Paul's Parish, a descendant, and 
 keeping the other as an illustration of the strange preservation of what 
 were in all probability among the first books that came to Red River.
 
 company's land tenures. 131 
 
 Mr. J. H. McTavish, in his evidence in Sinclair v. Mulligan, 
 tried at Winnipeg, in January, 1886, went fully into this 
 point, confining his evidence from 1860-1870, in which years 
 he stated Register B was in his sole custody at Fort Garry. 
 He added, however, that the custom had been the same " as 
 far back as the land books and papers connected with land 
 transactions show." A verbal request on the part of the 
 holder of the land desired to be transferred, made to the custo- 
 dian of Register B, that he wished a transfer made or another 
 name substituted for his in the Register, was deemed sufficient, 
 and the custodian would make the required change therein, 
 and the new name would be regarded as that of the holder of 
 the land. If the writer did not give the instructions person- 
 ally, a written request would have the same effect. No seals 
 were used on these orders or agreements for sales of land. It 
 was not necessary, in order to make an agreement for sale 
 binding, that it should be recorded in the Register. " Contracts 
 between parties were considered binding even if the contract 
 were not entered in the Register, but that would be a question 
 for the Court to decide ; but transfers were considered good by 
 the Court in those days even if the transfers were not recorded." 
 The requests for transfer were in the simplest form ; no parti- 
 cular operative words were required. They naturally varied 
 somewhat, as a reference to the half-dozen loose ones still 
 found between the folios of the Register will show, but the 
 following was considered as effectual in McKenny v. Spence (a). 
 In the case of Sinclair v. Mulligan (h) it was held formally 
 
 (a) Supra, Manitoba Rep., Temj). Wood, 17. 
 
 Fort Garry, October 11, 18G9. 
 
 William Cowan, Esq. 
 
 Please transfer to Thomas Spence Lot No, 242 in Point Dou<?la3, 
 as I have made over to him all my right title and interest in said lot, as 
 well as in the adjoining Lot 241 . 
 
 Your obedient servant, 
 
 (Sd.) Wm. Dreveb. 
 
 (b) Supra.
 
 132 THE HUDSON'S BAY 
 
 that the prevalent mode of transferring land, until the Transfer 
 to Canada, was by verbal bargain and sale, " among the halt'- 
 brecds and older white settlers, though later settlers un- 
 doubtedly brought with them and largely adopted the more 
 satisfactory usage of evidencing such transactions by writing." 
 The judgment given in this case is that of the ablest of 
 Manitol)a's judges (c). The whole of it will well repay perusal, 
 but space forbids more than the following extract : — 
 
 These verbal transfers of land appear, from such records as loan find, 
 to have been recognized in the courts. They have certainly continually 
 been recognized by the Government in dealing with the issuing of patents 
 in cases of both disputed and undisputed claims ; they were uniformly 
 recognized by the commissioners from time to time a^jpointed by the 
 Government to consider disputed claims to patents. As former judges of 
 this Court have acted as commissioners, their adoption of this view is of 
 the greatest importance. 
 
 I have no doubt that the method of transfer thus generally employed 
 arose naturally, without strict attention to legal requirements, at a time 
 when land seemed of little value, when possession was the all-important 
 evidence of title, and when there was scarcely any knowledge of law or 
 any attempt at administering law in the country, and when any such 
 attempt was naturally of the rudest sort. But if something more sub- 
 stantial than customs must now be found upon which to uphold such a 
 system, and if its recognition for so long a time under the Council of 
 Assiniboia is not to be considered as having given to transferees under 
 such circumstances, "civil rights existing . under the Council of Assini- 
 boia," I think that the want is supplied by the considerations I have 
 mentioned. It is hardly to be supposed that when a lawyer of considerable 
 ability such as Mr. Recorder Thom, who presided for some ten years over 
 the General Coiu-t, evidently was, and when other lawyers subsequently 
 occupied the same position, such a system would have continued undis- 
 turbed and unquestioned if it had not been felt that it had some 
 substantial foundation in law. 
 
 I am of opinion both that such a mode of transfer was authorized by 
 the laws in force in the colony, and that, having been recognized for so 
 long a period, and so many transactions having taken place in accordance 
 with it, it could not now be disturbed. I am of opinion, also, that the 
 system must be considered as having been in force until the full 
 introduction of the laws of England of a later date by the Legislature of 
 Manitoba. 
 
 (o) The Hon. Mr. Justice Killam.
 
 company's land tenures. 133 
 
 This judicial finding may fitly end the investigation oi'thc 
 questions arising in the course of the writing of this volume. 
 It is hoped that any one who has followed the author in his 
 facts and conclusions will agree with him that the colonists of 
 Assiniboia, anticipating as they did the progress of settlement 
 from the east by two generations, thereby contributing to the 
 preservation of the western half of Canada to the British 
 Crown to a degree not properly appreciated, may invoke to 
 the fullest extent in their claims to their lands the ancient 
 maxim : 
 
 " Qui prior est tempore, potior est jure." 
 
 As a complement to this work, there will be found on 
 the succeeding pages an alphabetical List of the Grantees 
 in Assiniboia, extracted from Register B.
 
 List of Grantees of Lands in Assiniboia under the 
 Earl of Selkirk and the Hudson's Bay Company, 
 FROM 1812 to July 15, 1870. 
 
 Name of Grantee. 
 
 No. 01 
 
 Abandoned. (And vide Unoccu- 
 
 
 pied) 
 
 290 
 
 Adam, J. Bpte., Sen. ... 
 
 889 
 
 „ Joseph 
 
 379 
 
 Adams, George 
 
 173 
 
 Adant, Joseph 
 
 393, 404 
 
 Adhemar, Patrick 
 
 428 
 
 Aideson, Joseph B. 
 
 1529 
 
 Aigle, Rouge, L' 
 
 1293 
 
 Allard, Ambroise 
 
 1458 
 
 ,, Michel 
 
 1391 
 
 „ Octave 
 
 913 
 
 „ Pierre 
 
 862 
 
 Allerie, Joseph 
 
 925 
 
 „ Pierre 
 
 925 
 
 Anderson, Charles 
 
 110, 531 
 
 Henry 
 
 533 
 
 „ James, Sen. 
 
 44, 109, 511 
 
 „ James, Jun. 
 
 460 
 
 „ John 
 
 110, 111,508 
 
 ,, Thomas 
 
 108, 508 
 
 ,, William 
 
 511 
 
 Androuis, Brother 
 
 271 
 
 Ajinal, John ... 
 
 112, 534, 535 
 
 Arcan, Joseph 
 
 1313, 1477 
 
 Arcus, David 
 
 38 
 
 Ashford, James 
 
 233, 234 
 
 Atkins, John 
 
 445, 450 
 
 Atkinson, 
 
 1090 
 
 Henry 
 
 4, 1240 
 
 No. of Lot in Register B.
 
 136 THE HUDSON'S BAY 
 
 Name of Grantee. 
 
 No. of Lot in Register B, 
 
 Atkinson, James 
 
 .. 1370 
 
 ,, John 
 
 .. 36 
 
 „ Thomas 
 
 .. 1237 
 
 Ayotte, Gonzacque 
 
 .. 253, 321, 1286, 1287 
 
 „ Pierre 
 
 .. 254 
 
 „ Pierre Levallse, dit^ 
 
 .. 271 
 
 Azure, Antoiue 
 
 .. 1385, 1391 
 
 Baillie, William 
 
 .. 22 
 
 Ballencline, George 
 
 .. 478 
 
 „ James 
 
 .. 72, 448 
 
 „ John 
 
 .. 158, 473, 474 
 
 William ... 
 
 .. 57,473 
 
 Ballosb, Louis 
 
 .. 763 
 
 Balsillie, William 
 
 .. 437 
 
 Bannatyne, B. 
 
 ,. 863, 864, 865, 86G 
 
 Bannerman, Alexander 
 
 .. 200, 637, 638 
 
 „ David 
 
 .. 1105, 1106 
 
 „ Donald 
 
 .. 201 
 
 „ George ... 
 
 ,. 202,203,220,671,672 
 
 „ Samuel ... 
 
 .. 158 
 
 „ William ... 
 
 .. 623 
 
 Barber, 
 
 .. 233, 234, 236, 237, 238, 239 
 
 Barnahe, Abraham Martin, dil ., 
 
 ,. 1467 
 
 Barron, Pierce 
 
 . 916, 917, 1227, 1228 
 
 Battosb(?), Louis 
 
 .. 763 
 
 Bayiere, Joseph 
 
 ,. 860 
 
 Bayley, John 
 
 ,. 1459 
 
 Beads, John, Sen. 
 
 ,. 88 
 
 „ John, Jun. 
 
 . 104 
 
 Beauchamp, Andre 
 
 . 704, 706, 776, 778, 779 
 
 „ Charles ... 
 
 . 882, 883, 884 
 
 „ PieiTC 
 
 . 375 
 
 Beauchemin, Benjamin 
 
 . 810, 811 
 
 Begg, Charles 
 
 . 420 
 
 Belanger, Abraham 
 
 . 358, 370 
 
 „ Louis 
 
 . 370 
 
 Berard, Fran9ois 
 
 . 714 
 
 Berard, Pierre, Son, 
 
 . 689 
 
 „ Pierre, Jun. ... 
 
 . 411, 844 
 
 Bercier, J. Baptiste 
 
 . 1165, 1182 
 
 Bericau, Joseph 
 
 . 311 
 
 Berland, Alexander 
 
 . 1428, 1429 
 
 „ Alexis 
 
 . 1430
 
 COMPANY S LAND TENURES. 
 
 187 
 
 Name of Grantee. 
 
 
 No. of Lot in Register B. 
 
 Berland, Pascal 
 
 
 1384 
 
 Beniier, Julien 
 
 
 722 
 
 Berrard, Louis 
 
 
 258, 711, 712 
 
 Bertin, Widow 
 
 
 253 
 
 Bird, C.J 
 
 
 158 
 
 „ David (Widow of) 
 
 
 493 
 
 „ George ... 
 
 
 163 
 
 „ Henry ... 
 
 
 70 
 
 „ James ... 
 
 
 70, 117, 118, 158, 480, 547, 564, 565, 582 
 
 „ John James 
 
 
 70 
 
 „ Joseph ... 
 
 
 162 
 
 „ William 
 
 
 169 
 
 Bishop of Rupert's Land. 
 
 ( Vide 
 
 
 Eupert's Land.) 
 
 
 
 Bishop of St. Boniface, 
 
 ( Vide 
 
 
 Catholic Mission and Tache, Alex.) 
 
 
 Bissonet, Alfred 
 
 
 713 
 
 Birston, Magnus 
 
 ... 
 
 12 
 
 „ William 
 
 
 471 
 
 Black, 
 
 
 1078, 1088 
 
 „ Alexander K. ... 
 
 
 30, 145, 146 
 
 Blayonne, Louis 
 
 
 1287 
 
 Blondin, Pierre 
 
 
 759, 782 
 
 Bodreau, Frangois 
 
 
 320 
 
 Boisuert, Louis 
 
 
 1390 
 
 Bonneau, Antoine 
 
 
 1453 
 
 „ Francois 
 
 ... 
 
 1452 
 
 „ Pierre 
 
 ... 
 
 1481 
 
 Borons, Charles 
 
 
 1494 
 
 Bouame, Alexis, dit L'Espei 
 
 ■ance 
 
 251, 981 
 
 Boucher, Frangois 
 
 
 291 
 
 „ Isidore 
 
 ... 
 
 918 
 
 „ J.M. 
 
 
 1212 
 
 Bourke, Ed\vin 
 
 
 955, 956, 1243 
 
 ,, John 
 
 
 939, 940, 941, 942 
 
 „ John P. 
 
 
 1238, 1239 
 
 „ Walter 
 
 
 957, 958, 1238, 1240 
 
 Bousquet, Louis 
 
 ... 
 
 765, 780, 802 
 
 Bouvet, Emile 
 
 
 243 
 
 „ Frangois 
 
 ... 
 
 243 
 
 „ Widow 
 
 
 243 
 
 Bouvier, 
 
 ... 
 
 1437 
 
 Bownain, 
 
 
 901 
 
 Boyer, John Bpto, 
 
 
 1037
 
 138 
 
 THE HUDSON S BAY 
 
 Name of Grantee. 
 
 No. of Lot in Register B 
 
 Boyer, Pierre 
 
 ... 1451 
 
 Braban, Augustin 
 
 .. 268 
 
 Braconnier, Amablc 
 
 .. 312 
 
 Brasconnier, Baptiste, Sen. 
 
 .. 1317, 1318 
 
 „ Baptiste, Jun. 
 
 .. 1226, 1319 
 
 Brebant, Augiistin 
 
 .. 256 
 
 Brelancl, Pascal 
 
 .. 1416 
 
 Bremner, Alexander ... 
 
 .. 1282, 1361 
 
 „ Charles 
 
 .. 1361 
 
 „ James 
 
 .. 1361 
 
 „ Thomas 
 
 .. 1283 
 
 „ William 
 
 .. 1283, 1284 
 
 Brennan, Michel 
 
 .. 1223 
 
 Briere, Baptiste 
 
 .. 1417, 1445 
 
 Briston, Alexander 
 
 .. 53, 469 
 
 Brown, Henry 
 
 .. 159 
 
 „ James 
 
 .. 158, 206, 966 
 
 „ John... 
 
 .. 90 
 
 ,, Magnus 
 
 .. 224, 225, 671, 1227 
 
 ,, Thomas 
 
 .. 159, 580 
 
 „ William 
 
 .. 223, 1229, 1366, 1367, 1368 
 
 Bruce, Antoine 
 
 .. 286 
 
 ,, Baptiste 
 
 .. 690, 691, 716 
 
 „ James 
 
 .. 205, 635, 1248 
 
 „ John ... 
 
 .. 259, 260, 262, 691, 921, 1108 
 
 „ Louis ... 
 
 .. 777 
 
 ,, Pierre 
 
 .. 716 
 
 „ William 
 
 .. 205, 206, 635 
 
 Bruneau, Thomas 
 
 .. 321 
 
 Brunneau, Fran9ois 
 
 .. 679, 695 
 
 Brunner, William 
 
 .. 978, 979, 980 
 
 Bryant, WiUiam 
 
 .. 1040, 1041 
 
 Buckingham, William ... 
 
 .. 1222 
 
 Budd, Henry ... 
 
 .. 92, 522 
 
 Budge, John ... 
 
 .. 165 
 
 Bunn, John ... 
 
 .. 173,174,175,176,177,587 
 
 „ Thomas 
 
 .. 416, 417, 176, 588 
 
 ,, William 
 
 .. 177, 588 
 
 Burnell, Martin 
 
 .. 1214 
 
 Butts, John ... 
 
 .. 1227, 1228 
 
 Cadotte, Baptiste 
 
 ... 354 
 
 „ Joseph 
 
 .. 812 
 
 „ Laurent 
 
 .. 343
 
 company's land tenures. 
 
 139 
 
 Name of Grantee. 
 
 Calder, George 
 
 „ James 
 Calder, William 
 Cameron, Alexander ... 
 
 „ Hugh 
 
 Campbell, Duncan 
 
 Neil 
 Canada, Charles 
 Canalier, Charles 
 Cantarrah, Modeste 
 Caplette, Baptiste 
 
 „ Dennis 
 
 „ Joseph 
 
 „ Louis 
 Cardinalle, Jacques 
 
 „ Louis 
 
 Carriere, Alexis 
 
 „ Andr^ 
 
 „ Andr^, Jun. ... 
 
 „ Audie 
 
 ,, Daniel 
 
 „ EHe... 
 
 ,, Louise 
 
 ,, Louison 
 
 ,, Moyse 
 Carron, Antoine 
 Catholic Mission 
 
 Catholic Schools, Brothers of 
 Chalifoux, Michel 
 
 Chambertin, 
 
 Champagne, Emanuel 
 
 „ Manuel 
 
 Champaigne, Emanuel 
 
 „ Pierre 
 
 Charbonneau, Baptiste , 
 
 ,, Jean 
 
 No. of Lot in Register B. 
 
 10 
 
 129 
 
 113, 536 
 
 1345 
 
 656, 657, 658, 1342, 1344, 1346, 
 1347 
 
 180, 1533 
 
 647, 648, 649 
 
 297 
 
 226 
 
 1531 
 
 936 
 
 965, 1284 
 
 928, 929, 935 
 
 939, 940 
 
 1414 
 
 892 
 
 878 
 
 822 
 
 808 
 
 754 
 
 755, 962 
 
 319, 326, 925 
 
 875 
 
 702 
 
 307 
 
 703, 712, 784, 788 
 
 285, 322, 376, 377, 378, 380, 381, 382, 
 684, 685, 686, 687, 688, 689, 690, 691, 
 692, 694, 695, 698, 699, 700, 701, 704, 
 706, 707, 708, 709, 724, 725, 727, 728, 
 729, 730, 731, 732, 733, 734, 735, 736, 
 737, 741, 749, 750, 751, 752, 753, 903, 
 929, 1001, 1002, 1003, 1303, 1304, 
 1305, 1441, 1509 
 
 322, 694, 699 
 
 1146 
 
 940 
 
 275, 277 
 
 861 
 
 854 
 
 305 
 
 680 
 
 291
 
 140 
 
 THE HUDSON S BAY 
 
 Name of Grantee. 
 
 Charette, Baptiste 
 
 „ Joseph 
 Charity, Sisters of 
 
 Chet^, Theophile 
 
 Church Missionary Society 
 
 Cire, Fran9ois 
 
 ,, Jean 
 Clarke, WilUam 
 Clauston, John 
 
 „ WiUiam 
 Clouston, James 
 „ Kobert 
 Cochrane, Rev. William 
 Cockran, Henry 
 ,, Thomas 
 „ William 
 Collier, Eobert 
 Colombe, Francois 
 Common, A. ... 
 Comptois, Etienne, Sen. 
 ,, Etiemie, Jun, 
 „ Marcel 
 Cook, Charles 
 „ Henry... 
 „ Jany ... 
 „ Jenny ... 
 „ Jeremiah 
 „ Joseph 
 „ Kitty ... 
 ,, Letty ... 
 „ Nancy ... 
 „ Polly ... 
 „ Samuel 
 „ Sophy ... 
 Corbett, Eev. G. 0. 
 Corrigal, James 
 „ John 
 „ Peter 
 Courchene, Antoine 
 ,, Frangois 
 
 Coutois, Andrd 
 Widow 
 
 No. of Lot in Register B. 
 
 360 
 
 357, 361, .363 
 
 730, 731, 732, 733, 734, 735, 736, 737, 
 738, 743, 744, 745, 746, 747, 748, 749, 
 750, 751, 752, 753, 1510, 1511 
 
 373 
 
 77 
 
 1468 
 
 725, 741 
 
 1530 
 
 445 
 
 1342, 1343 
 
 576 
 
 576 
 
 221, 493, 633 
 
 597, 598 
 
 597 
 
 129 
 
 914, 922 
 
 845 
 
 224 
 
 388, 400 
 
 386 
 
 354, 400 
 
 578 
 
 578, 1250, 1251 
 
 578 
 
 578 
 
 1215, 1331, 1332 
 
 157, 578, 579 
 
 578 
 
 155, 578 
 
 578 
 
 578 
 
 155, 578 
 
 578 
 
 1046, 1047, 1346, 1348, 1349 
 
 86, 87, 94, 119, 503, 509, 532, 534 
 
 477 
 
 136, 562 
 
 387 
 
 858 
 
 790, 1530 
 
 915
 
 company's land tenures. 
 
 141 
 
 Name of Grantee. 
 
 No. of Lot. in Register B. 
 
 Cox, John 
 
 26, 441 
 
 Cremer, Charles 
 
 48, 465 
 
 Cromartie, John 
 
 132, 571 
 
 Ciimmings, Charles 
 
 98, 99, 527 
 
 „ Cuthbert ... 
 
 96,97 
 
 „ Malcolm ... 
 
 93, 504 
 
 „ Robert 
 
 182, 584, 1534 
 
 Cunningham, James 
 
 1073, 1074, 1377 
 
 „ Widow ... 
 
 669 
 
 Cyr. ( Vide Cire.) 
 
 
 Dagneau, Joseph 
 
 1006 
 
 Dahal {Vide Dahl), Alexander ... 
 
 186, 591, 606 
 
 „ Peter 
 
 186, 606 
 
 Dahl, Alexander 
 
 185 
 
 Daigneau, Joseph 
 
 762 
 
 Damoulin, Pien'e 
 
 1174 
 
 Daniel, Edward 
 
 420 
 
 „ George 
 
 419 
 
 „ Griffith 
 
 67, 483 
 
 „ Jacob 
 
 493 
 
 Dauphinais. ( Vide also Duphinais) 
 
 
 John 
 
 425 
 
 Danphine, Francois 
 
 855 
 
 „ Maximilian ... 
 
 407 
 
 „ Michel 
 
 717, 857 
 
 Davis, George 
 
 8,9 
 
 „ J. Baptiste 
 
 908 
 
 ,, Matilda 
 
 88 
 
 „ Widow 
 
 87, 512 
 
 „ WUliam 
 
 912 
 
 Dease, Francis M. 
 
 697 
 
 „ John ... 
 
 332, 829 
 
 „ William 
 
 774 
 
 Decept, Michel 
 
 832 
 
 Defond, Joseph 
 
 552 
 
 Deganne, Joseph 
 
 412 
 
 De Lanoix, Louis Laferte 
 
 323 
 
 Delorme, Alexis 
 
 390 
 
 „ Furgeon 
 
 1465 
 
 „ Joseph 
 
 384, 385 
 
 „ Norbert 
 
 1160, 1161 
 
 „ Pien-e 
 
 412 
 
 „ Urbain 
 
 1443, 1444, 1454, 1456, 1464, 1465
 
 142 THE Hudson's bay 
 
 Name of Grantee. 
 
 No. of Lot in Register B. 
 
 Denierais, Baptiste {dit Lamalice) 
 
 344 
 
 Dennais, Jean Baptiste 
 
 719 
 
 Dennet, Andrew 
 
 553 
 
 Dennet, William 
 
 552, 556 
 
 Dennison, William 
 
 203, 1335, 133G, 1337 
 
 Derocher, Baptiste 
 
 1407 
 
 Derocier, Jean Bpte. ... 
 
 567 
 
 Deschamps, Bpte. 
 
 1288 
 
 „ Frangois ... 
 
 295 
 
 Descolteau, Joseph 
 
 348, 376 
 
 „ Louis 
 
 365 
 
 „ Pierre 
 
 408 
 
 Desjardins, Antoine 
 
 794, 795, 1493 
 
 Bpte. 
 
 331 
 
 Desmarais, Baptiste 
 
 402, 541 
 
 „ Charles 
 
 95, 507 
 
 „ Francois 
 
 507, 834 
 
 Donald, Charles 
 
 5 
 
 ,, William 
 
 30, 47, 48, 445, 463 
 
 Doolan, Martin 
 
 921 
 
 Drever, William 
 
 242, 249, 1212 
 
 Dubois, Xavier 
 
 801 
 
 Ducharme, 
 
 946, 1302 
 
 „ Antoine 
 
 381 
 
 „ Baptiste 
 
 389 
 
 ,, Joseph 
 
 1018, 1316 
 
 „ Louis 
 
 1291 
 
 „ Oliver 
 
 686, 687 
 
 ,, Pierre 
 
 705, 878 
 
 ,, Widow 
 
 745, 746, 747, 748 
 
 Duchesne, Moj'se 
 
 295 
 
 Dumas, Joseph 
 
 359 
 
 ,, Michel 
 
 318, 924, 927, 984, 985, 986 
 
 Dumond, Isidore 
 
 285 
 
 „ Sacaste 
 
 778 
 
 Dumoulin, Pierre 
 
 1174 
 
 Dunnet, William 
 
 143 
 
 Dunord, Antoine 
 
 263, 264, 265, 272 
 
 Duphinais, Fran9ois 
 
 1396, 1397, 1398 
 
 Dupuis, Baptiste, Sen. 
 
 272 
 
 ,, Baptiste, Jun. ... 
 
 272 
 
 Easter, John 
 
 110 
 
 Edwards, John 
 
 421
 
 company's land tenures. 143 
 
 Name of Grantee. 
 
 No. of Lot in Register B. 
 
 Else, Henry ... 
 
 ... 939,940,941 
 
 Emla, Joseph 
 
 ... 370 
 
 Emlyn, Jacques, Sen. ... 
 
 ... 301 
 
 „ Joseph 
 
 ... 305,369 
 
 Emlyn, Louis Solomon 
 
 ... 301 
 
 „ Solomon 
 
 ... 781,789,797 
 
 Erasmus, Hemy 
 
 ... 540 
 
 „ Peter 
 
 ... 120, 515 
 
 Fabien, 
 
 ... 814 
 
 Faille, Jouissant 
 
 ... 255,256 
 
 „ Pien-e 
 
 ... 256 
 
 Falcon, Baptiste 
 
 ... 1131,1132 
 
 ,, Cuthbert 
 
 ... 1144 
 
 „ EHe ... 
 
 ... 1141 
 
 „ Francois 
 
 ... 1130 
 
 „ Pierre 
 
 ... 1130, 1136, 1406, 1432 
 
 Favel, Joseph 
 
 ... 572 
 
 „ Palm Sanders ... 
 
 ... 415 
 
 „ Samuel 
 
 ... 548,549,550 
 
 „ Thomas 
 
 ... 529,551 
 
 ,, William 
 
 ... 528 
 
 Fiddler, Andrew 
 
 ... 1218 
 
 „ Alban 
 
 ... 1219 
 
 „ Charles 
 
 ... 1220 
 
 „ Clement 
 
 ... 1223, 1358, 1061, 1062 
 
 „ Cornelius 
 
 ... 1235, 1236 
 
 „ Edward 
 
 ... 1360 
 
 „ Peter 
 
 ... 1365, 1374 
 
 „ Widow of George 
 
 .., 1486 
 
 „ William 
 
 ... 1185 
 
 Fidler, James 
 
 ... 415 
 
 „ John ... 
 
 ... 1,1181 
 
 „ Thomas 
 
 ... 1,411,413,1063,1362 
 
 Firth, Thomas 
 
 ... 56, 57, 472 
 
 Fisher, Alexander 
 
 ... 779 
 
 „ Ambroise 
 
 ... 256 
 
 „ Henry 
 
 ... 763, 764 
 
 Flammand, 
 
 ... 757 
 
 Flett, George (son of John) 
 
 ... 438, 1093, 1094, 1095, 1374, 1375 
 
 „ Charles 
 
 ... 621 
 
 „ Heirs of George ... 
 
 ... 1242, 1243, 1244 
 
 „ James ... 
 
 ... 475 
 
 „ John ... 
 
 ... 199, 622
 
 144 THE HUDSON'S BAY 
 
 Name of Grantee. No. of Lot in Register R. 
 
 Flett, Robert ... ... ... 1376 
 
 „ William 185,477,479 
 
 Folster, James ... ... 603 
 
 „ John 127,445,552 
 
 „ Thomas ... ... 6, 181 
 
 Folster, William ... ... 6 
 
 Forbes, John... ... ... 145 
 
 Forbister, James ... ... 1379,1380,1381 
 
 „ John 88,519,1364,1386,1387 
 
 Fortier, Adoth ... ... 929 
 
 Foulds, John... ... ... 922,1217 
 
 „ Henry ... ... 922 
 
 „ Samuel ... ... 256, 1216 
 
 „ Thomas ... ... 256 
 
 Fom-naise, Francois ... ... 1456 
 
 Fonseca, W. G 228,229,240 
 
 Foys, Jouissante ... ... 292 
 
 Franks, James ... ... 1221 
 
 Fraser, Hugh ... ... 554 
 
 „ James ... ... 207, 614, 663, 664, 665, 666 
 
 „ James, Jun. ... ... 663,664,665,666,667 
 
 „ John 196,220,667,668,1099,1100,1101,1102 
 
 Frobisher, Thomas ... ... 821 
 
 Frog Plain, The ... ... 196 
 
 Fur Trade, The 17, 18, 19, 1496, 1498 
 
 Gadby, WiUiam ... ... 154,574 
 
 Gadowa, ... ... 1312 
 
 „ Bpte. ... ... 1312 
 
 Galarneau, Joseph ... ... 559,697,757 
 
 „ Louis ... ... 707, 872 
 
 Gardiner, Thomas ... ... 415 
 
 Gardipe, J. B. ... ... 1428 
 
 Gardupuis, P. ... ... 1442, 1143 
 
 Garrioch, Gavm ... ... 156, 577, 1245 
 
 „ John ... ... 577, 1249 
 
 „ William 577, 1352, 1353 
 
 Widow 156 
 
 GaiTy, Lower Fort ... ... 20,434 
 
 „ Upper Fort ... ... 1210 
 
 Gaudry, Andr^ 225, 237, 238, 239, 693 
 
 GendroD, Fran9ois ... ... 793 
 
 Genton, Joseph ... ... 268 
 
 „ Maximillian ... ... 267
 
 company's land tenures. 145 
 
 Name of Graotee. No. of Lot in Register B. 
 
 George, PieiTe ... ... 349 
 
 Geraid, Joseph ... ... 1435 
 
 Gervais, Bpte. ... ... 1449 
 
 Gilbeau, Joseph ... ... 1444,1486 
 
 Gilbeault, Belonie ... ... 1 49 1 
 
 „ Joseph ... ... 1443 
 
 Gladieu, Charles ... ... 1418 
 
 „ Pien-e 717, 718, 805, 871 
 
 Gladieus, Pierre ... ... 807 
 
 Gladstone, WUliam ... ... 41G, 417 
 
 Gladu, Charles ... ... 1492 
 
 „ Pierre ... ... 804 
 
 Gonville, Antoine ... ... 1479 
 
 Goselin, Michel ... ... 362 
 
 Goudrie, Andre ... ... 225, 237, 238, 239, 693 
 
 Goulait, Elziadd ... ... 403 
 
 Goulet, Alexis ... ... 707, 717, 800, 874 
 
 „ Jacque ... ... 828 
 
 „ Koger ... ... 291,754 
 
 Gowler, John ... ... 1327 
 
 „ Oliver ... ... 672, 1024, 1322, 1323, 1325, 1326, 1327 
 
 Grandbois, Alexis ... ... 761 
 
 Grant, Cuthbert ... ... 1439 
 
 „ J. Bpte. 849 
 
 Green, Stephen ... ... 1237 
 
 Greuville, Alex., Jun. ... ... 1515,1516 
 
 Grounds, Indian Tenting ... 907 
 
 Gunn, Donald ... ... 33, 34, 452 
 
 „ George 1536, 1537, 1538, 1539 
 
 „ James ... ... ... 430 
 
 „ .John ... ... ... 609 
 
 „ John, Jun. ... ... 417,418 
 
 „ William 187, 1100, 1101, 1102, 1103, 1104 
 
 Halcrow, David ... ... 94 
 
 „ Thomas 149,150,575 
 
 Plall, Wm. B. 1019,1020,1021,1022,1023 
 
 Hallett, James 923,1224,1225 
 
 „ James, Jun. ,.. ... 1226 
 
 „ Julius 1224 
 
 Hallettc, Henry, Sen 225,226,1228 
 
 „ Henry, Jun. ... ... 225 
 
 „ Miss ... ... 225 
 
 William 226, 1236, 1388
 
 146 THE Hudson's bay 
 
 Name of Grantee. No. of Lot in Register B, 
 
 Hallette (Widow), Antoine ... 225 
 
 Hamilton, Daniel ... ... 587 
 
 Harcus, David, Sen, ... ... 37 
 
 ,, David, Jim. ... ... 37 
 
 ,, George ... ... 131 
 
 „ John ... ... 420 
 
 Harkness, Alexander ... ... 992, 993 
 
 Harkness, Andrew ... ... 919, 920, 921 
 
 Hai*per, James ... ... 447 
 
 „ John ... ... 193, 619 
 
 Harrison, Tliomas ... ... 679 
 
 Harriot, John C. ... ... 416, 417 
 
 Hawes, Henry ... ... 516 
 
 Hay, Thomas ... ... 36 
 
 Hemmingway, Frederick ... 27 
 
 Henderson, Angus ... ... 600 
 
 „ Neil 588,941,942 
 
 „ Peter ... ... 122, 505 
 
 „ Samuel ... ... 183, 585 
 
 William 599§ 
 
 Hem-i, Alexis ... ... 370, 371 
 
 Hodgson, John ... ... 93,95,121,505 
 
 Hogg, Joseph ... ... 1285 
 
 Hogue, Amable ... ... 987, 1224 
 
 „ Antoine ... ... 990, 991 
 
 „ Louis 974,975,976,977 
 
 „ Thomas ... ... 989 
 
 Hoole, Louis ... ... 1498 
 
 Houle, Antoine ... ... 781,782 
 
 Hourie, George ... ... 139 
 
 „ John ... ... 9,139,571 
 
 Philip 139,571 
 
 „ Robert ... ... 8, 566 
 
 Howse, Henry ... ... 560 
 
 Hudson's Bay Co 221,234,249,326,415,598,650,651, 
 
 783, 863, 864, 865, 899, 908, 918, 921, 
 1032, 1212, 1491, 1496, 1497, 1498 
 
 Indl^ Tentmg Grounds ... 907 
 
 Inkster, James ... ... 216, 217, 636 
 
 „ James, Jun. ... ... 650, 651 
 
 „ Jolm 215, 604, 1241, 1242 
 
 Irlande, Louis Rielle, dit ... 756 
 
 L'vine, George ... ... 1213
 
 COMPANY S LAND TENURES. 
 
 147 
 
 Name of Grantee. 
 Irvine, James 
 
 „ John ... 
 Isbister, James 
 „ John 
 „ Thomas 
 Isaac, Widow 
 Isham, James 
 
 Jasseau, Francois 
 Jeanaume, Solomon 
 Jeannot, Baptiste 
 Jeanvene, Pierre 
 Jeaunot, dit. Vestris ... 
 Jerome, Martin 
 Jete, Theophile 
 Jobin, Ambroise 
 Johnston, Henry 
 Johnstone, 
 
 „ George 
 
 „ James 
 
 JoUibois, Baptiste 
 Jollicoem-, Louis 
 Jordan, Patricia 
 Jouron, Joseph 
 Juissanme, Laurente ... 
 
 Kennedy, Philip 
 
 „ Widow 
 Kenny, Edward 
 Kippling, George 
 
 „ John 
 
 „ Thomas 
 Kirkness, William 
 Kittson, Norman W. ... 
 Klyne, ]\Iichel 
 Knight, James 
 Knott, John ... 
 
 Lap.oucan, Joseph Lafom'naise, dit 766 
 
 Lacerte, Raphael ... ... 887 
 
 Ladeaux, Baptiste ... ... 1466 
 
 „ Pierre ... ... 1483 
 
 Laderoute, Louisa. ( Vide also 
 
 Ladiroot and Ladiroute) ... 361) 
 
 No. of Lot ill Kcgistcr B. 
 
 7 
 
 561, 931 
 
 1263, 1264, 1265 
 
 154, 574 
 
 74, 490 
 785 
 543 
 
 1415 
 
 369 
 
 300 
 
 367 
 
 1426 
 
 329, 330 
 
 373 
 
 926, 988 
 
 225 
 
 1212 
 
 80 
 
 94 
 
 401 
 
 276 
 
 4, 1328 
 
 852, 853 
 
 694, 1540 
 
 75 
 
 75, 491 
 1227 
 
 2, 542 
 
 2 
 
 3 
 
 1014, 1214 
 
 773, 774 
 
 227 
 
 140, 569, 582 
 
 89
 
 148 THE HUDSON'S BAY 
 
 Name of Grantee. No. of Lot in Register B. 
 
 Ladiroutc, Oliver Seguin, (Zj^ ... 1491,1493 
 
 Ladiroot, Filbert ... ... 273 
 
 „ Jean Louis ... ... 886 
 
 Ladirout, Joseph ... ... 361 
 
 Ladiroute, Joseph ... ... 279 
 
 „ Oliver, Seguin, c^t^ ... 1491,1493 
 
 Ladouceur, Bazil ... ... 280 
 
 Ladou-e, James ... ... 1297 
 
 Lafert^, Louis ... ... 791, 792 
 
 „ Pien-e ... ... 720 
 
 Laferty, Louis ... ... 867 
 
 Laflishe, ... ... 1303 
 
 Lafonde, Amable ... ... 308, 309 
 
 Lafontaine, Calixe ... ... 1457, 1458 
 
 Lafoiu-naiso, Joseph, dlt Laboucan 766 
 
 Lafrenier, Antoine ... ... 1476 
 
 Lafreniere, Antoine ... ... 1174,1175 
 
 Lagomouiere, Benjamin ... 682 
 
 „ Jean Baptists ... 684 
 
 „ Laprarie ... ... 683 
 
 „ Komain ... ... 681 
 
 Lajeumoniere, J. Bte. ... ... 743 
 
 Laliberte, Antoine ... ... 835 
 
 „ Pierre ... ... 836 
 
 Lamalice, Bte. Demierais, dit ... 344 
 
 „ Paul ... 906 
 
 Lambert, Antoine ... ... 311,366 
 
 „ Michel 103, 525 
 
 „ Thomas ... ... 104 
 
 Lamirande, Alexis ... ... 352 
 
 Landrie, Joseph ... ... 788, 793, 871, 317, 321 
 
 Lane, Isidore ... ... 972 
 
 „ W. D 1499, 1500 
 
 Lanoix, Louis Laferte de ... 323 
 
 Lapierre, Louis Brian, dit ... 250, 1529 
 
 „ PieiTe ... ... 781 
 
 Lapine, Baptiste ... ... 756, 1488 
 
 Laplante, Baptiste ... ... 552, 717 
 
 „ Louis ... ... 288, 289 
 
 „ Oliver ... ... 279 
 
 Larance, Charles ... ... 688, 692, 723, 787, 788 
 
 „ Norbert ... ... 333,352,360 
 
 Larivie, Hyacinthe ... ... 917 
 
 „ Louis ... ... 323
 
 company's land tenures. 
 
 149 
 
 Name of Grantee. 
 
 No, of Lot in Register B. 
 
 Lariviere, Fran9ois 
 
 796 
 
 Larocque, Andi-^ 
 
 278 
 
 „ Baptists 
 
 274, 1308, 1309 
 
 „ Charles 
 
 302 
 
 „ Fran9ois 
 
 850, 1013 
 
 ,, Joseph 
 
 760, 763 
 
 „ Louis 
 
 1315 
 
 „ Oliver 
 
 1448 
 
 „ Pierre 
 
 1447 
 
 Laronde, Louis D. 
 
 909 
 
 Larscque, Frangois 
 
 1013 
 
 LavalM, Michel 
 
 260 
 
 Lavallee (Widow) 
 
 281 
 
 Lavallee, Martin 
 
 257, 709, 713 
 
 „ Pierre, dit. Ayotte 
 
 271 
 
 Lavallie, Charles Matthew 
 
 1109 
 
 „ Jean 
 
 1114 
 
 „ Pierre, Martin 
 
 1116 
 
 Laverdure, Alexis 
 
 368 
 
 „ Joseph 
 
 1313 
 
 „ Pierre 
 
 1310, 1311, 1312, 1313, 1315 
 
 Laviolette, Baptiste 
 
 1153, 1154, 1155 
 
 „ Charles 
 
 321, 763 
 
 „ Charles, Jun. 
 
 1436 
 
 Leask, Catherine 
 
 83 
 
 „ Samuel 
 
 499 
 
 „ Thomas 
 
 84, 420, 500 
 
 „ William 
 
 152, 153 
 
 Leberge, Widow 
 
 797 
 
 Leblanc, Laurant 
 
 685 
 
 Ledoux, Pierre 
 
 1497 
 
 Leduo, Marie (Widow) 
 
 113 
 
 Lcgros, Antoine 
 
 , 830 
 
 LeUs, Patrick 
 
 913,914 
 
 Lcmay, Joseph 
 
 251, 368 
 
 Lemes, John Lea 
 
 73 
 
 Leneiller, Louis 
 
 1455 
 
 Lepine, Ambroise 
 
 . 272 
 
 „ Baptiste 
 
 , 272 
 
 ,, 
 
 , 785 
 
 Lerance, Baptiste 
 
 , 310 
 
 „ Bazil 
 
 . 306 
 
 „ Jean Baptiste 
 
 , 785, 786, 788 
 
 L'Esperance, Alexia Bouame, dit. 
 
 251, 981
 
 150 THE HUDSON'S BAY 
 
 Name of Grantee. No. of Lot in Register B. 
 
 L'Esperance, Andrew ... ... 982, 983, 1111 
 
 „ Augustin ... 303 
 
 „ Joseph ... ... 796 
 
 Letendre, Joseph ... ... 913 
 
 Leveiller, Pierre ... ... 19,1120 
 
 Lillie, Daniel... ... ... 171,172 
 
 Linklater, Andrew ... ... 83, 499 
 
 „ Hugh ... ... 89 
 
 John ... ... 84, 500 
 
 Livingstone, Donald ... ... 616 
 
 Livingstone, Neil ... ... 225, 616 
 
 Logan, Alexander ... ... 245 
 
 „ Kenneth ... ... 245 
 
 „ Robert 245, 678, 863, 864, 865, 866, 899 
 
 „ Robert, Jan. ... ... 1012 
 
 „ Thomas ... ... 228, 899 
 
 „ William ... ... 865, 866 
 
 Louaise, Fran9ois ... ... 271 
 
 Loutit, Low ... ... ... 28 
 
 Lower Fort Garry. (See Garry, 
 
 Lower Fort.) 
 
 Lucier, Alexander ... ... 1152, 1153 
 
 „ Bazil 1150,1151 
 
 „ Toussant ... ... 554, 557 
 
 Lussier, Amiable ... ... 1157 
 
 ,, Joseph ... ... 1165, 1166 
 
 „ Toussaint ... ... 1167, 1168 
 
 Lyons, John ... ... ... 11 
 
 M.vcKixTOSH, Christopher ... 1054, 1055 
 
 Maguire, Philip ... ... 1217 
 
 Maitelle, J. Bte., Sen. ... ... 281, 282, 283 
 
 „ J. Bte., Jim. ... ... 280,284 
 
 Malatere, Alexis ... ... 1405 
 
 ,, Joseph Nandon ... 1164 
 
 Mallay, Patrick ... ... 1228 
 
 Mally, Patrick ... ... 1227 
 
 Mankman, Joseph ... ... 142 
 
 Marchand, Benjamin ... ... 326, 699, 760 
 
 „ Cyril 326,802,879 
 
 Marion, Fran9ois 773, 774, 869, 1480 
 
 „ Maximillian ... ... 404 
 
 „ Narcisse 298,328,702,709,710,870 
 
 Marsailles, Baptiste ... ... 330, 910
 
 COMPANY S LAND TENURES. 
 
 151 
 
 Name of Grantee. 
 
 No. of Lot in Register B. 
 
 
 Martin, Abraham, dit Barnabe ... 
 
 1467 
 
 
 Massey, Robert 
 
 1542 
 
 
 Masson, Fran9ois 
 
 860 
 
 
 Matheson, Alexander ... 
 
 210, 606, 607, 611, 626 
 
 
 „ Angus 
 
 212, 601, 608, 611 
 
 
 „ Donald 
 
 220 
 
 
 „ Hugh 
 
 601, 608, 611 
 
 
 „ John 
 
 196, 210, 213, 214, 607, 625, 626, 
 1064, 1085, 1086, 1087 
 
 639. 
 
 „ John Prichard 
 
 210 
 
 
 ,, Samuel 
 
 212 
 
 
 „ William 
 
 640 
 
 
 Matty, Captain 
 
 225 
 
 
 Mill, Steam, Company ... 
 
 223 
 
 
 Millar, Kobert 
 
 150, 151, 577 
 
 
 Minney, Charles 
 
 410 
 
 
 Mission, Catholic. {See Catholic 
 
 
 
 Mission.) 
 
 
 
 Missionary, Church, Society 
 
 77 
 
 
 Mitchell, John 
 
 242 
 
 
 Monkman. {See Mankman.) 
 
 
 
 Montrel, Louis 
 
 377 
 
 
 Moor, George 
 
 447 
 
 
 Moore, William 
 
 1033 
 
 
 Moreau, Jean Baptiste 
 
 860, 873 
 
 
 Morgan, Robert 
 
 1385 
 
 
 Mornin, Antoine 
 
 372, 373 
 
 
 „ Etienne 
 
 261 
 
 
 J. Bte. 
 
 729 
 
 
 „ Louis 
 
 334 
 
 
 „ Louison 
 
 259, 260 
 
 
 Morriseau, Joseph 
 
 1489 
 
 
 Morrisette, Arsen 
 
 316 
 
 
 „ Baptiste 
 
 1320 
 
 
 Fas 
 
 1061, 1062 
 
 
 „ Norbert 
 
 1321 
 
 
 Morrison, Angus 
 
 15, 613 
 
 
 „ John 
 
 99, 527 
 
 
 „ Murdock 
 
 667 
 
 
 Mouvick, James 
 
 64, 65, 480, 481 
 
 
 „ John 
 
 137, 563 
 
 
 Mowat, Edward 
 
 52, 468, 494 
 
 
 „ Thomas 
 
 58 
 
 
 Muir, John, Sen. 
 
 29, 441 

 
 153 TBE mfmaoas^s bat 
 
 SkBetffiBi 
 
 rftob. 
 
 
 Si. jf Lk te MeiyiM K. 
 
 ]fi&^M«.J». 
 
 .^ 
 
 .— 
 
 s 
 
 IM^mste^ 
 
 — 
 
 "- 
 
 29ft, 2»3L\ 2^2, 2?7, ?1L &12» 915^ Slfi^ 
 
 917, 915, 9:27 
 
 Mnoe. AlnnMlsr 
 
 u. 
 
 .~ 
 
 &4L&4d» o46 
 
 » G««ge 
 
 .^ 
 
 .» 
 
 61? 
 
 9 jKKNSt 
 
 ... 
 
 ... 
 
 641, &^ 643. 6oL\ 651. ^aS, daS 
 
 
 ... 
 
 .^, 
 
 1« 
 
 
 ._ 
 
 
 ... . . ... . - .^ .... 
 
 , IXmSt 
 
 .M. 
 
 
 :. -- :■',- ::' ::. :r. 
 
 , Jaisfies 
 
 ... 
 
 
 IS*? 
 
 •\r-T» ::- 1 r 
 
 ... 
 
 ... 
 
 1535 
 
 
 .« 
 
 ... 
 
 59o- 5^. 611 
 
 
 ... 
 
 
 
 • 
 
 ... 2S. 4s?. Dl, 443 
 
 „ ... 3St.443 
 
 ^ 35.4U.«?7} 
 
 ... 4»4 
 
 ... 23^ lOei 10S3. 1214 1226. 12157. 12^ 
 
 126?. L?r'-\ 1271. 1272. l27oL 1274. 
 1275. l^To. 1*77. i2Sl. 12S2. 1531. 
 l^k> 
 
 iI.O:-Ji:.- Aiizi 13^476 
 
 , Al-exini^ ... ... 4I« 
 
 ... _ Tsa 
 
 21,59.115.1115,472.474^ 
 
 , ... 3^^1ia45L452.531 
 
 ... 4St 
 
 1001,104.513 
 
 .- 4i3 
 
 ... 18T.473 
 
 — IISS 
 
 ... 143^ 
 
 ^ rur::-r: ... -. 11S9. l-t5c 
 
 r— - ... ... 1191 
 
 .. ... 119»-^ 
 
 4 I'Vio 
 
 Mciviar, r-ccaui .
 
 company's land tenures. 153 
 
 Name of anintcc. No. of Lot In Register B. 
 
 McKay, Alexis ... ... UOO 
 
 „ Angus ... ... 1381 
 
 Robert ... ... 203. 133() 
 
 Gooi-go ... ... 502. 503 
 
 Ignaco ... ... 1174. 1105 
 
 James ... ... 50. 108, 502, 503, 50-4, OIG, 017. 1071. 
 
 1072, 1262, 1301, 1302, 131G 
 
 James. Jnn. ... ... 1252. 1253 
 
 John ... ... 503. 504, 1387 
 
 Neil 35 
 
 Robert 203, 625, 1336 
 
 Simon ... ... 378 
 
 MoKonzio, Donald ... ... 1378 
 
 McKouzie, Ilootor A. ... ... 1256.1257 
 
 Rodenok ... ... 25. 440 
 
 McLean, Alexander ... ... 632 
 
 McLennan, Murdock ... ... 10.104.527 
 
 McLood, Angus ... ... 426.427 
 
 ,. Donald ... ... 552. 1540. 1541 
 
 „ John, Jun. ... ... 436.448 
 
 „ Louise ... ... 271 
 
 McMillan, "William ... ... 775.1260.1261 
 
 McNab, James ... ... 676 
 
 John ... ... 422 
 
 „ Thomas ... ... 420.421.675,676,1268 
 
 McTavish, John n. ... ... 714 
 
 McRae, Duncan ... ... 446 
 
 „ John... ... ... 586 
 
 N.vr.vis, Louisou ... ... 910 
 
 Naud, Joseph ... ... 1164 
 
 „ Widow ... ... 1164 
 
 Naudt, Amable ... ... 698,789,700 
 
 ., Baptiste ... ... 314. 677 
 
 „ Boniface ... ... 7S2 
 
 Nault. Amable ... ... 241,698 
 
 Nerou, Jeremie ... ... 276. 322, 601. 600, 70t). 744 
 
 NoUu, Augiistin ... ... 739 
 
 „ Jean 1111, 1125 
 
 1212 
 
 Norman, J. B. 340.341,844 
 
 „ Michel, Sen. ... ... 341 
 
 Norn, Louis ... ... ... 1404 
 
 „ Samuel 158. 159. 580. 581
 
 154 THE Hudson's bay 
 
 Name of Grantee. 
 
 No. of Lot in Register B. 
 
 Norn, Widow 
 
 ... 158, 159 
 
 Norqnay, Henry 
 
 ... 180 
 
 ,, John 
 
 ... 51,127,467 
 
 ,, Joseph 
 
 ... 180 
 
 „ Mary 
 
 ... 180 
 
 Olsen, OM 
 
 ... 1369 
 
 Omand, James 
 
 ... 81,497 
 
 ,, John 
 
 ... 1035, 1036, 1228, 1229 
 
 Osterlag, Louis 
 
 ... 745 
 
 Page, E. 
 
 ... 1422 
 
 „ Joseph ... 
 
 ... 270, 1421 
 
 „ Xavier... 
 
 ... 1110 
 
 Pag^, Joseph... 
 
 ... 1421 
 
 Paget, Alexander 
 
 ... 270 
 
 Pambrun, Peter C. 
 
 ... 1261, 1262 
 
 Pangman, Peter 
 
 ... 1402 
 
 Papiri, Antoine 
 
 ... 913 
 
 Paranteau, Joseph, Sen. 
 
 ... 768 
 
 „ Norbert 
 
 ... 831 
 
 „ Pierre 
 
 ... 813 
 
 Parisien, Baptiste 
 
 ... 296 
 
 „ Hyacinthe 
 
 ... 399, 885 
 
 „ Joseph 
 
 ... 296 
 
 „ La venture 
 
 ... 405 
 
 Park, George 
 
 ... 555 
 
 „ James ... 
 
 ... 555 
 
 „ John ... 
 
 ... 133, 555 
 
 Parkes, Joshua 
 
 ... 911, 969 
 
 Pateraude, Bte. 
 
 ... 772, 780 
 
 Paterson, Malcohii 
 
 ... 660,661,662 
 
 Patraude, Michel 
 
 ... 772 
 
 „ Bte. 
 
 ... 780 
 
 Paul, Baptiste 
 
 ... 1469 
 
 „ Francette 
 
 ... 1433 
 
 „ Louis ... 
 
 ... 1145 
 
 „ Matthew 
 
 ... 1434 
 
 „ Paul ... 
 
 ... 1134 
 
 „ Paulette 
 
 ... 1434 
 
 „ Pien-e ... 
 
 ... 1164 
 
 ,, WiUiam 
 
 ... 1138 
 
 „ St. Marte 
 
 ... 1434 
 
 Peebles, James 
 
 ... 58, 474, 502
 
 company's land tenures. 155 
 
 Name of Grantee. No. of Lot in Register B. 
 
 Pelltier, Charles ... ... 1401 
 
 Perrault, Edward ... ... 315 
 
 „ Norbert ... ... 316 
 
 Pevier, Thomas ... ... 809 
 
 Petit, Louison ... ... 822 
 
 Piche, Joseph ... ... 1446 
 
 Pichee Louis ... ... ... 1145 
 
 Pillon, Antoiiie ... ... 815 
 
 Pioulx, Paul 796 
 
 Plain, Frog, The ... ... 196 
 
 Plains, Wliite Horse, The ... 1433 
 
 Plante, Antoine ... ... 911 
 
 „ Francois ... ... 915 
 
 „ J. Bpte. ... ... 252 
 
 Plouffe, Antoine ... ... 353 
 
 „ Baptiste ... ... 798 
 
 Point, The 1119,1132,1142 
 
 Poitras, Gab. ... ... 1407 
 
 Henry ... ... 1422 
 
 „ Joseph 1127, 1128, 1212 
 
 „ Pierre 1408,1409,1410,1411,1420 
 
 „ Widow 1423, 1424 
 
 Poison, Alexander 211,625,627 
 
 „ Angus ... ... 657, 659 
 
 „ Donald 211,625,626,627 
 
 „ Hugh... ... ... 185,210,586,621,623 
 
 „ John ... ... ... 672 
 
 „ William 211, 627 
 
 Pomond, Joseph ... ... 848 
 
 Porter, Alexander ... ... 950, 951 
 
 Pouffe, Louis... ... ... 822 
 
 Prinneau, Joseph ... ... .327 
 
 Pritchard, Archibald ... ... 599 
 
 Hugh ... ... 602 
 
 John 191, 597, 598, 602, 620, 833 
 
 „ Kichard ... ... 602 
 
 Samuel 602,620 
 
 Proulx, Paul ... ... ... 796 
 
 Pruden, Arthur ... ... 1255 
 
 „ James ... ... 1254 
 
 „ John 1532 
 
 „ John Peter 209,1247,1254,1255 
 
 „ Peter ... ... 71,487 
 
 „ William 71,487,489
 
 156 
 
 THE HUDSON S BAY 
 
 Name of Grantee. 
 
 No. of Lot in Register B. 
 
 Racette, Baptiste 
 
 ... 299 
 
 „ George, Sen. ... 
 
 ... 250, 781 
 
 ,, George, Jiin. ... 
 
 ... 299 
 
 Raille, Joseph 
 
 ... 721 
 
 Ray, Joseph, 
 
 ... 763 
 
 Red Eagle, The 
 
 ... 1293 
 
 Reicl, Thomas 
 
 ... 1037, 1038. 1031) 
 
 Renville, rran9ois 
 
 ... 393 
 
 „ Joseph 
 
 ... 394 
 
 Reserve 
 
 ... 15, 431, 432, 43.3, 435, 437, 439 
 
 Rhyne, ]\lichel 
 
 ... 769, 771 
 
 Richard, Frangois 
 
 ... 69 
 
 „ James 
 
 ... 69 
 
 „ Louis 
 
 ... 1173 
 
 „ Michel 
 
 .. 1463 
 
 Richot, N. J., The Rev. 
 
 ... 372, 373, 856 
 
 Richotte, Antoine Papiu 
 
 ... 294 
 
 „ Joseph 
 
 ... 294 
 
 Rickards, James 
 
 ... 9.37, 9.38, 1230 
 
 Rielle, dit Irelande, Louis 
 
 ... 756 
 
 Rivard, Bapte 
 
 ... 345 
 
 „ Pierre... 
 
 ... 345 
 
 „ Widow 
 
 ... 264 
 
 Roberts, J. ... 
 
 ... 921 
 
 „ John 
 
 ... 914 
 
 Robertson, Andrew 
 
 ... 40,456 
 
 „ George 
 
 ... 455, 1386 
 
 Robillard, 
 
 ... 256 
 
 „ Baptiste 
 
 ... 933,934 
 
 „ Joseph 
 
 ... 910, 915, 1011, 1230 
 
 „ Madam 
 
 ... 1212 
 
 Rocheleau, Guillaume ... 
 
 ... 816 
 
 Rocque, Cecil 
 
 ... 847 
 
 „ Joseph 
 
 ... 847 
 
 Rodway, Joseph 
 
 ... 915, 1011, 1230 
 
 Roi, Fran9ois 
 
 ... 837, 8.38, 8.39 
 
 Roland, William 
 
 ... 99 
 
 Rolindeau, Augiistin 
 
 ... 712 
 
 Roman, 
 
 ... 432 
 
 Roman Catholic Mission. 
 
 ( Vide 
 
 Catholic Mission.) 
 
 
 Roman Cathohc Schools. 
 
 ( Vide 
 
 Catholic Schools, Brotherf 
 
 ,of.) 
 
 Rose, William 
 
 ... 158, 159
 
 company's land tenures. 157 
 
 Name of Grantee. 
 
 No. of Lot in Register B. 
 
 
 Ross, Alexcander 
 
 246, 247 
 
 
 ,, Donald ... 
 
 25, 1161, 11G2, 1517 
 
 
 „ George ... 
 
 GO, 473 
 
 
 „ Hugh 
 
 1518 
 
 
 ,, James ... 
 
 224, 225, 1006, 1097, 1098 
 
 
 Rouge, L'Aigle 
 
 1293 
 
 
 Roussain, Eustache 
 
 714, 868 
 
 
 „ Francois 
 
 862, 1300 
 
 
 Rowand, John 
 
 960, 12G1 
 
 
 Rowland, Robert 
 
 158, 159, 580,581 
 
 
 „ William 
 
 158, 159, 527, 580 
 
 
 Roy, Marcel ... 
 
 860 
 
 
 Rupert's Land, The Lord Bishop of 
 
 7G, 166, 221, 222, 492, G72, 1231, 
 1347, 1348, 1349, 1.350 
 
 1232, 
 
 St. Arxaud, Charles ... 
 
 360 
 
 
 St. Denis, Francois 
 
 1461 
 
 
 St. Denis, Jacques 
 
 347, 409 
 
 
 „ Jacquot 
 
 355 
 
 
 „ Paul 
 
 1177 
 
 
 ,, Paulette 
 
 1413, 1506 
 
 
 St, Germain, Augustin ... 
 
 841 
 
 
 „ Francois ... 
 
 1457 
 
 
 „ Jacques ... 
 
 784 
 
 
 „ Joseph ... 
 
 824, 825, 829 
 
 
 Sabine, Herbert L. 
 
 1341, 1342 
 
 
 Sabiston, Alexander 
 
 62, 478 
 
 
 Salter, Richard 
 
 605 
 
 
 Sanders, Da^^d 
 
 424 
 
 
 „ William 
 
 45, 461 
 
 
 Sanderson, Roderick ... 
 
 28,49 
 
 
 Sandison, David 
 
 94 
 
 
 „ George 
 
 91,151, 152, 521,573 
 
 
 „ Robert 
 
 218, 655 
 
 
 „ William 
 
 1357 
 
 
 Sangster, James 
 
 1231 
 
 
 Sans-gre, Bpte. 
 
 1450 
 
 
 „ Louis 
 
 880 
 
 
 Sans-regret. {Vide Sans-gi'e.) ... 
 
 
 
 Saque, Joseph 
 
 1482 
 
 
 Sargent, Albert 
 
 703, 773, 774 
 
 
 „ Frederick 
 
 703 
 
 
 Sauvage, Fran9ois 
 
 926, 930, 963 
 
 
 SauY^, Joseph 
 
 324, 325 

 
 158 THE Hudson's bay 
 
 Name of Grantee. No. of Lot in Register B. 
 
 Savoyard, Joseph ... ... 798, 799 
 
 ,, Toussant ... ... 858 
 
 Sayer, Louis ... ... ... 1180 
 
 Sayhs, ... ... ... 750 
 
 „ Francois ... ... 361, 853 
 
 ScbiUer, Ferdinand ... ... 1510, 1511 
 
 Schultz, ... ... 235, 23G 
 
 Scott, William ... ... 91, 523 
 
 Shultz, Dr. John ... ... 225 
 
 Seguin, Oliver, dit Laderouto ... 1491, 1493 
 
 Selkirk, Lord ... ... 158, 190, G25, G.34 
 
 Sellwood, John W 1222 
 
 Salter, Andrew ... ... 54G, 547 
 
 „ George ... ... 129, 147, 148, 50G, 520, 570 
 
 „ George, Jun. ... ... 130 
 
 „ James ... ... 105, lOG, 108, 14G, 50G 
 
 Sharpe, Edward ... ... 910 
 
 Short, James ... ... 1484 
 
 Simpson, Sir Geo. ... ... 7G4, 1509 
 
 G 221 
 
 Governor ... ... 805, 1509, 1491 
 
 Sinclair, Bakie ... ... 50, 46G 
 
 „ James ... ... 111,113,247,535,536.674.1212 
 
 „ John ... ... 535, 536 
 
 „ Thomas ... ... 79, 495, 509 
 
 „ William ... ... 11.3,125,114,5.36 
 
 Sisters of Charity. ( Vide Charity.) 
 
 Slater, James ' ... '... 158,159,580,581,1285 
 
 „ John 123, 124 
 
 „ William 158, 159, 580, 581 
 
 „ 1146 
 
 Smith, Christopher ... ... 1032 
 
 „ John 431, 943, 944, 1212, 1246, 1298, 1299 
 
 „ John, James ... ... 38, 39, 453 
 
 „ John S. L 447 
 
 „ Eichard 40, 456 
 
 „ William 31, 446, 1324 
 
 „ William ... ... 170 
 
 „ William Robert ... 38,453 
 
 Solomon, Antoine ... ... 311 
 
 Spence, Andrew 101,112,126,127,516,535 
 
 „ Daniel 224, 225, 1329, 1330 
 
 „ George ... ... 13, 135 
 
 „ James ... ... 128, 224, 550, 935
 
 COMPANY S LAND TENURES. 
 
 159 
 
 Name of Grantee 
 
 Spence, John 
 
 ,, Joseph, Sen. 
 „ Magnus 
 ,, Thomas 
 
 Stephenson, William 
 „ William 
 
 Stevens, Richard 
 
 Stevenson, J. 
 
 „ William 
 
 Stewart, James 
 
 Stodgell, Charles 
 
 Sutherland, Alexander 
 ,, George 
 
 „ James 
 
 ,, John, Sen. 
 
 ,, Roderick 
 
 ,, William 
 
 Swain, ... 
 
 „ James 
 ,, John ... 
 ,, Robert 
 ,, Thomas 
 Symieson, William 
 
 Taciik, Right Rev. Alexander 
 Tait, James ... 
 ,, John 
 „ Robert ... 
 „ WUliam 
 ,, William, Juii. 
 Tate, James . . . 
 ,, Joseph ... 
 „ William 
 Taylor, George 
 ., James 
 „ John ... 
 „ William 
 Thibeault, Fran9ois 
 
 „ Louis 
 Thibert, Pien-e 
 „ Xavier 
 Thomas, Charles 
 Richard 
 
 No. of Lot. in Register B. 
 
 14, 112, 113, 117, 127, 545 
 
 225, 663 
 
 112, 117, 535 
 
 242, 1211 
 
 514 
 
 1339, 1340, 1341 
 
 41, 42, 457, 464 
 
 1032, 1033 
 
 1030, 1031 
 
 203, 913, 943, 944 
 
 953, 954, 1224, 1244 
 
 231, 232, 634 
 
 197 
 
 96, 164, 514 
 
 195, 214, 605, 231, 232, 589, 605, 632, 
 
 633, 635, 1065, 1066, 1067 
 158, 159, 580, 581 
 
 97. 504, 631 
 420 
 
 450, 1281 
 1311 
 1286 
 1285 
 1026, 1027 
 
 1763 
 
 652, 653, 1048, 1049, 1050, 1051 
 
 82, 498, 562, 1231 
 
 214, 1251, 1278 
 
 208, 61 5, 652, 653, 1042, 1043, 1044, 1045 
 
 673, 1256 
 
 102 
 
 519 
 
 240 
 
 27, 442 
 
 158, 159, 161, 580, 581 
 
 1354, 1355 
 
 160, 1333, 1334 
 
 295, 928 
 
 702 
 
 1169, 1170, 1487 
 
 1170, 1171, 1172 
 85, 501 
 
 43, 458, 459
 
 IGO THE HUDSON'S BAY 
 
 Name of Grantee. 
 
 No. of Lot ill Register R. 
 
 Thomas, Simon 
 
 ... 1542 
 
 „ Thomas 
 
 ... 583 
 
 „ William 
 
 ... 583 
 
 Thompson, John 
 
 ... 1425 
 
 Thomson, Andrew 
 
 ... 68, 484 
 
 Thorne, George 
 
 ... 1178, 1485 
 
 Thyfault, Bazil 
 
 ... 770 
 
 „ L 
 
 ... 328,777 
 
 Tiercot, Jeremie 
 
 ... 967 
 
 „ Vital 
 
 ... 971 
 
 Todd, William 
 
 ... 1257 
 
 Tomison, William 
 
 ... 1014 
 
 Tom-naise, Francois 
 
 ... 1456 
 
 Trade, The Fm-, q.v. 
 
 
 Trestram, James 
 
 ... 1076 
 
 Trotier, Bazil 
 
 ... 1462 
 
 Trnthwaite, Jacob 
 
 ... 46,462 
 
 Turcotte, Vital 
 
 ... 930 
 
 Turner, George 
 
 ... 239 
 
 Unoccupied Lands ... ... 290, 338, 342, 346, 350, 351, 354, 355, 
 
 387, 391, 392, 396, 397, 398, 400, 406, 
 510,518,530,580,843 
 
 Upper Fort Garry ... ... 1210 
 
 Vacant Lands. ( Vide Unoccupied.) 
 
 Vallee, Angustin ... ... 708 
 
 Valiquette, J. Bpte. ... ... 743,744 
 
 Vandalle, Antoine 710,823,337 
 
 ,, Antoine, Jim. ... 859 
 
 „ Joseph ... ... 395,553,556,558 
 
 „ Pierre ... ... 313 
 
 Vaudrie, Jouissaint ... ... 723 
 
 „ Jouissaint, Jun. ... 840,1176,1306 
 
 Vermett, Alexis ... ... 338, 339 
 
 ,, Antoine ... ... 858 
 
 „ Joseph ... ... 1514 
 
 ,, Louis ... ... 336 
 
 Pien-e 338,339 
 
 Vermette, Joseph, Sen. ... 840, 1176, 1306 
 
 Versailles, Widow 811, 812 
 
 Vestris, Fran9ois Jeannot, dit ... 1426 
 
 Villeneuve, Francois Xavier ... 918 
 
 Michel 713
 
 COMPANY*S LAND TENURES. IGI 
 
 Villra, lyabel... 
 
 
 846 
 
 Vincent, John 
 
 • >• • •• 
 
 167, 173 
 
 Vivier, Alexis, Jun. 
 
 
 1470 
 
 Vollar, James 
 
 
 54, 470 
 
 Ward, John ... 
 
 
 
 1122, 1123 
 
 Wark, WUliara 
 
 ... ... 
 
 158, 159, 580, 581 
 
 Waste Lands. ( Vide Unoccupied.) 
 
 
 Wellable, 
 
 
 751 
 
 White, James 
 
 .. 
 
 8'26 
 
 „ Joseph 
 
 
 336 
 
 „ Thomas 
 
 
 669 
 
 Whiteford, James 
 
 ... 
 
 1121 
 
 White Horse Plains, 
 
 The 
 
 1433 
 
 Whiteway, James 
 
 ... 
 
 134 
 
 „ Joseph 
 
 ... 
 
 134 
 
 Willette, Jacques 
 
 
 824 
 
 Wintzel, Alexander 
 
 
 812, 871 
 
 Wishart, James 
 
 
 158, 159, 580, 581 
 
 Yanc, Jean ... 
 
 
 881 
 
 Young, James 
 
 
 457 
 
 „ Pascal 
 
 
 340, 341
 
 162 THE HUDSON'S BAY COMPANY'S LAND TENURES. 
 
 
 £ 
 
 s. 
 
 d. 
 
 20 
 
 19 
 
 5 
 
 
 5 
 
 2 
 
 9 
 
 
 1 
 
 16 
 
 
 
 
 9 
 
 4 
 
 8 
 
 
 
 13 
 
 11 
 
 iry 
 
 .. 142 
 
 7 
 
 7 
 
 1 
 
 .. 32 
 
 3 
 
 
 
 SUPPLEMENTARY LIST. 
 
 [This loose sheet was found between the pages of Register B.] 
 
 Libt of names, with amounts clue, transferred from the estate of the Earl of 
 Selkirk, which do not appear in the Red River Settlement Register, viz. — 
 
 Adams, George 
 
 Berner, Alexander 
 
 Corrigal, Peter 
 
 Ducharme, Pierre 
 
 Dunnett, William 
 
 Heckenberger, Hei 
 
 Henderson, Samuel 
 
 Kauffman, Ulric 
 
 Laferte, Pierre 
 
 Lageumoniere, Jean Bpte. 
 
 Laroque, Baptiste 
 
 Landrie, Joseph 
 
 Leclere, Joseph 
 
 Litendre, dit. Battosh Jean Bapte. 
 
 Marchand, Gabriel 
 
 Mission, Catholic 
 
 McDonald, Angus 
 
 McKay, Robert 
 
 McKay, William 
 
 Parisien, Hyacinthe 
 
 Sandison, George 
 
 Sanderson, William 
 
 Schiller, Ferdinand 
 
 Spence, Andrew 
 
 Spence, James 
 
 St. Germain, Fran9ois 
 
 Sutherland, Alexander Cameron 
 
 John, @ {sic) Sen. 
 
 Widow 
 
 Versailles, Baptiste 
 Whitford, James 
 Peter 
 
 These debts outstanding since before 1835.
 
 APPENDICES. 
 
 APPENDIX A. 
 
 The Eoyal Chartek for Incorporating the Hudson's Bay Company. 
 
 Charles the Second, by the Grace of God, King of Euglauc], Scotland, France, 
 and Ireland, Defender of the Faitli, &c. To all to whom these Presents shall come, 
 greeting : Whereas Our dear and cutirely beloved Cousin, Prhice Rupert, Count 
 Palatine of the Rhine, Duke of Bavaria and Cumberland, &c. Christopher, 
 Duke of Albemarle, William, Earl of Craven, Henry, Lord Arlington, Anthony, 
 Lord Ashley, Sir John Robinson, and Sir Robert Vyner, Knights and Baronets, 
 Sir Peter Colleton, Baronet, Sir Edward Hungerford, Knight of the Bath, Sir 
 Paul Necle, Knight, Sir John Griffith and Sir Philip Carteret, Knights, James 
 Hayes, John Kirke, Francis Millington, William Prettyman, JoIinFenn, Esquires, 
 and John Portman, Citizen and Goldsmith of London, have, at their own great 
 Cost and Charges, undertaken an Expedition for Hudson's Bay in the North- 
 west Part of America, for the Discovery of a new Passage into the South Sea, 
 and for the finding some Trade for Furs, Minerals, and other considerable Com- 
 modities, and by such their Undertaking, have already made such Discoveries 
 as do encourage them to proceed further in Pursuance of their said Design, by 
 means whereof there may probably arise very great Advantage to Us and Our 
 Kingdom. And whereas the said Undertakers, for their further Encourage- 
 ment in the said Design, have humbly besought Us to incorporate them, and 
 grant unto tliem, and their Successors, the sole Trade and Commerce of all 
 those Seas, Streights, Bays, Rivers, Lakes, Creeks, and Sounds, in whatsoever 
 Latitude they shall be, that lie within the entrance of the Streights commonly 
 called Hudson's Streighls, together with all the Lands, Countries, and Terri- 
 tories, upon the Coasts and Confines of the Seas, Streights, Bays, Lakes, Rivers, 
 Creeks and Sounds, aforesaid, which are not now actually possessed by any of 
 our Subjects, or by the Subjects of any other Christian Prince or State. Now 
 KNOW YE, that We being desirous to promote all Endeavours tending to the 
 publick Good of our People, and to encourage the said Undertaking, have of 
 Our especial Grace, certain Knowledge, and mure Motion, given, granted, rati- 
 fied, and confirmed, and l»y these Presents for Us, Our Heirs and Successors, do 
 give, grant, ratify and confirm, unto Our said Cousin Prince Rupert, Christopher, 
 Duke of Albemarle, William, Earl of Craven, Henry, Lord Arlington, Anthony, 
 Lord Ashley, Sir John Robinson, Sir Robert Vyner, Sir Peter Colleton, Sir 
 Edward Hungerford, Sir Paul Neele, Sir John Griffith, and Sir Philip Carteret, 
 James Hayes, John Kirke, Francis Millington, William Prettyman, John Fenn, 
 and John Portman, that they, and such others as shall oo admitted into the said
 
 164 THE Hudson's bay 
 
 Society aa is liereafter expressed, shall be one Body Coriioratc and Poliliquc, in 
 Deed and in Name, by the Name of The Governor and Company of Adventurers 
 of England, trading into Hudson's Bay, and them by the Name of the Governor 
 and Company of Adventurers of England, trading into Hudson's Bay, one Body 
 Corporate and Politique, in Deed and in Name, really and fully for ever, for Us, 
 Our Heirs and Successors, We do make, ordain, constitute, establish, confirm, 
 and declare, by these Presents, and that by the same Name of Governor and 
 Company of Adventurers of England, trading into Hudson's Bay, they shall 
 have perpetual Succession, and that they and their Successors, by the Name of 
 the Governor and Company of Adventurers of England, trading into Hudson's 
 Bay, be, and at all Times hereafter shall be, personable and capable in Law to 
 have, purchase, receive, possess, enjoy and retain, Lands, Rents, Privileges, 
 Liberties, Jurisdictions, Franchises, and Hereditaments, of what Kind, Nature 
 or Quality soever they be, to them and their Successors ; and also to give, grant, 
 demise, alien, assign and dispose Lands, Tenements and Hereditaments, and to 
 do and execute all and singular other Things by the same Name that to them 
 shall or may appertain to do. And that they, and their Successors, by the Name 
 of The Governor and Company of Adventurers of England, trading into Hudson's 
 Bay, may plead, and be impleaded, answer, and be answered, defend, and be 
 defended, in whatsoever Courts and Places, before whatsoever Judges and 
 Justices, and other Persons and Officers, in all and singular Actions, Pleas, 
 Suits, Quarrels, Causes and Demands, whatsoever, of whatsoever Kind, Nature 
 or Sort, in such Manner and Form as any other Our Liege People of this Our 
 Realm of England, being Persons able and capable in Law, may, or can have, 
 purchase, receive, possess, enjoy, retain, give, grant, demise, alien, assign, 
 dispose, plead, defend, and be defended, do, permit, and execute. And that the 
 said Governor and Company of Adventurers of England, trading into Hudson's 
 Bay, and their Successors, may have a Common Seal to serve for all the Causes 
 and Businesses of them and their Successors, and that it shall and may be 
 lawful to the said Governor and Company, and their Successors, the same Seal, 
 from time to time, at their Will and Pleasure, to break, change, and to make 
 anew, or alter, as to them shall seem expedient. And further We will, and 
 by these Presents for Us, Our Heirs and Successors, We do ordain, that there 
 shall be from henceforth one of the same Company to be elected and appointed 
 in such Form as hereafter in these Presents is exin-essed, which shall be called 
 The Governor of the said Company. And that the said Governor and Company 
 sluill or may elect Seven of their Number in such Form as hereafter in these 
 Presents is expressed, which shall be called The Committee of the said Company, 
 which Committee of Seven, or any Three of them, together with the Governor 
 or Deputy-Governor of the said Company for the time being, shall have the 
 Direction of the Voyages of and for the said Company, and the Provision of the 
 Shipping and Merchandizes thereunto belonging, and also the Sale of all Mer- 
 chandizes, Goods, and other Things returned, in all or any the Voyages or 
 Ships of or for the said Company, and the managing and handling of all other 
 Business, Affairs and Things, belonging to the said Company. And We will, 
 ordain, and grant by these Presents for Us, Our Heirs and Successors, unto 
 the said Governor and Company, and their Successors, that they the said 
 Governor and Company, and their Successors, shall from henceforth for ever 
 be ruled, ordered and governed, according to such Manner and Form as is 
 hereafter in these Presents expressed, and not otherwise : And that they shall 
 have, hold, retain and enjoy, the Grants, Liberties, Privileges, Jurisdictions and
 
 company's land tenures. 165 
 
 Immuniticb, ouly hereafter iu these Presents granted auJ expressed, and no 
 other. And for the better Execution of Our Will and Grant iu this Behalf, We 
 HAVE ASSIGNED, nominated, constituted and made, and by these Presents for Us, 
 Our Heirs and Successors, We do assign, nominate, constitute, and make, our 
 said Cousin, Pkince PiUPERT, to be the first and present Governor of the said 
 Company, and to continue iu the said Office from the Date of these Presents 
 until the lOth November then next following, if he, the said Prince Rupert, 
 shall so long live, and so until a new Governor be chosen by the said Company 
 in Form liereafter expressed. And also We have assigned, nominated and 
 appointed, and by these Presents for Us, Our Heirs and Successors, We do 
 assign, nominate and constitute, the said Sir John Robinson, Sir Robert Vyncr, 
 Sir Peter Colleton, James Hayes, John Kirko, Francis Millingtou, and John 
 Portman, to bo the seven first and present Committees of the said Company, 
 from the Date of these Presents until the said 10th Day of November then also 
 next following, and so until new Committees shall be chosen iu Form hereafter 
 expressed. And further We will and grant by these Presents, for Us, Our 
 Heirs and Successors, unto the said Governor and Company and their Successors, 
 that it shall and may be lawful to and for the said Governor and Company for 
 the Time being, or the greater Part of them present at any publick Assembly 
 commonly called. The Court General to be holdcn for the said Company, the 
 Governor of the said Companybeing always one, from time to time to elect, nomi- 
 nate and appoint one of the said Company to be Deputy to tlie said Governor ; 
 which Deputy shall take a corporal Oatli, before the Governor and three or more 
 of the Committee of the said Company for the time being, well, truly, and faith- 
 fully to execute his said Office of Deputy to the Governor of the said Company, 
 and after his Oath so taken, shall and may from time to time, in the Absence of 
 tlie said Governor, exercise and execute the Office of Governor of the said Com- 
 pany, in such Sort as the said Governor ought to do. And further We will 
 and grant by these Presents, for Us, Our Heirs and Successors, inito the said 
 Governor and Company of Adventurers of England, trading into Hudson's Bay, 
 and their Successors, that they, or the greater Part of them, whereof the 
 Governor for the Time being, or his Deputy, to be one, from time to time, and 
 at all Times hereafter, shall and may have Authority and Power, yearly and 
 every Year, between the first and last Day of November, to assemble and meet 
 together in some convenient Place, to be appointed from time to time by the 
 Governor, or in his Absence by the Deputy of the said Governor for the Time 
 being, and that they being so assembled, it shall and may be lawful to and for 
 the said Governor or Deputy of the said Governor, and the said Company for the 
 Time being, or the greater Part of them which then shall happen to be present, 
 whereof the Governor of the said Company, or his Deputy for the Time being to 
 be one, to elect and nominate one of tlie said Company, which shall be Governor 
 of the said Company for one whole Year, then next following, which Person 
 being so elected and nominated to bo Governor of the said Company, as is afore- 
 said, before he be admitted to the Execution of the said Office, shall take a cor- 
 poral Oath before the last Governor, ])oing his Predecessor or his Deputy, and 
 any three or more of the Committee of the said Company for the Time being, 
 that he shall from time to time, well and truly execute the Office of Governor of 
 the said Company, in all Things concerning the same ; and that immediately 
 after the same Oath so taken, ho shall and may execute and use the said Office 
 of Governor of the said Company, for one whole Year from thence next following. 
 And in like Sort We will and grant. That as well every one of the above named
 
 166 THE HUDSON'S BAY 
 
 to be of the said Compauy or Fellowship, as all others hereafter tu be admitted, 
 or free of the said Company, shall take a corporal Oath before the Governor of 
 the said Compauy, or his Deputy for the Time being, to such Eftect as by the 
 said Governor and Company, or the greater Part of them, in any publick Court 
 to be held for the said Company, shall be in reasonable and legal Manner set 
 down and devised, before they shall be allowed or admitted to trade or traffick 
 as a Freeman of tlie said Company. And fdrther We will and grant by 
 these Presents, for Us, Our Heirs and Successors, unto the said Governor and 
 Company, and their Successors, That the said Governor, or Deputy Governor, 
 and the rest of the said Company, and their Successors for the Time being, or 
 the greater Part of them, whereof the Governor or Deputy Governor, from time 
 to time, to be one, shall and may from time to time, and at all Times hereafter, 
 have Power and Authority yearly, and every Year, between the first and last 
 day of November, to assemble and meet together in some convenient Place, from 
 time to time to be appointed by the said Governor of the said Company, or in 
 his Absence by his Deputy ; and that they being so assembled, it shall and may 
 be lawful to and for the said Governor or his Deputy, and the Company for the 
 Time being, or the greater Part of them, which then shall happen to be present, 
 whereof the Governor of the said Company, or his Deputy for the Time being 
 to be one, to elect and nominate Seven of the said Company, which shall be a 
 Committee of the said Company, for one whole Year from then next ensuing, 
 whicli Persons being so elected and nominated to be a Committee of the said 
 Company as aforesaid, before they be admitted to the Execution of their Office, 
 shall take a corporal Oath, before the Governor or his Deputy, and any three or 
 more of the said Committee of the said Compauy, being tlieir last Predecessors, 
 that they, and every of them, shall well and faithfully perform their said Office 
 of Committees in all Things concerning the same, and that immediately after 
 the said Oath so taken, they shall and may execute and use their said Office of 
 Committees of the said Company, for one whole Year from thence next following. 
 And moreover, Our Will and Pleasure is, and by these Presents, for Us, Our 
 Heirs and Successors, We do grant unto the said Governor and Company, and 
 their Successors, that when, and as often as it shall happen, the Governor or 
 Deputy Governor of the said Company for the Time being, at any Time within 
 one Year after that he shall be nominated, elected, and sworn to the Office of 
 the Governor of the said Company, as is aforesaid, to die or to be removed from 
 the said Office, which Governor or Deputy Governor not demeaning himself 
 well in his said Office, We will to be removeable at the Pleasure of the rest of 
 the said Company, or the greater Part of them which shall be present at their 
 publick Assemblies, commonly exiled. Their General Courts liolden for the said 
 Company, that then, and so often it shall and may be lawful to and for the 
 Residue of the said Company for the Time being, or the greater Part of them, 
 within a convenient Time, after the Death or Removing of any such Governor, 
 or Dejiuty Governor to assemble themselves in such convenient Place as they 
 shall think fit, for the Election of the Governor or Deputy Governor of the said 
 Company ; and that the said Company, or the greater Part of them, being then 
 and there present, shall and may, then and there, before their Departure from 
 the said Place, elect and nominate one other of the said Company, to be Governor 
 or Deputy Governor for the said Company, in the Place and Stead of him that 
 so died or was removed ; which Person being so elected and nominated to the 
 Office of Governor or Deputy Governor of the said Company, shall have and 
 exercise the said Office, for and during the Residue of the said Year, taking
 
 company's land tenukes. 167 
 
 first a corporal Oatli, as is aforesaid, for the due Execution thereof; and this to 
 be done from time to time, so often as the Case shall so require. And also. 
 Our Will and Pleasure is, and by these Presents, for Us, Our Heirs and Succes- 
 sors, We do grant unto the said Governor and Company, that when, and as 
 often as it shall happen any Person or Persons of the Committee of the said 
 Company for the Time being, at any Time within one Year next after that they 
 or any of them shall be nominated, elected and sworn to the Office of Committee 
 of the said Company as is aforesaid, to die or to be removed from the said Office, 
 which Committees not demeaning themselves well in their said Office, We will, 
 to be removeable at the Pleasure of the said Governor and Company, or the 
 greater Part of them, whereof the Governor of the said Company for the Time 
 being, or his Deputy, to be one; that then, and so often, it shall and may be 
 lawful to and for the said Governor, and the rest of the Company for the Time 
 being, or the greater Part of them, whereof the Governor for the Time being, or 
 bis Deputy, to be one, within convenient Time after the Deatli or removing of 
 any of the said Committee, to assemble themselves in such convenient Place as 
 is or shall be usual and accustomed for the Election of the Governor of the said 
 Company, or where else the Governor of the said Company for the Time being, 
 or his Deputy, shall appoint. And that the said Governor and Company, or the 
 greater Part of them, whereof the Governor for the Time being, or his Deputy, 
 to be one, being then and there present, shall, and may, then and there, before 
 their Departure from the said Place, elect and nominate one or more of tlie said 
 Company, to be of the Committee of the said Company in the Place and Stead 
 of him or them that so died, or were or was so removed, which Person or Persons 
 so nominated and elected to the Office of Committee of the said Company, shall 
 have and exercise the said Office, for and during the Kesidue of the said Year, 
 taking first a corporal Oath as is aforesaid, for the due Execution thereof, and 
 this to be done from time to time, so often as the Case shall require. And to the 
 End the said Governor and Company of Adventurers of England trading into 
 Hudson's Bay, may be encouraged to undertake, and effectually to prosecute the 
 said design, of Our more especial Grace, certain Knowledge, the mere Motion, 
 We have given, granted and confirmed, and by these Presents, for Us, Our 
 Heirs and Successors, do give, grant, and confirm, unto the said Governor and 
 Company, and their Successors, the sole Trade and Commerce of all tliose Seas 
 Streights, Bays, Kivers, Lakes, Creeks, and Sounds, in whatsoever Latitude they 
 shall be, that lie within the Entrance of the Streights commonly called Hudson's 
 Streights, together with all the Lands and Territories upon the Countries, 
 Coasts and Confines of the Seas, Bays, Lakes, Rivers, Creeks, and Sounds afore- 
 said, that are not already actually possessed by or granted to any of our Subjects 
 or irossesscd by the Subjects of any otlier Christian Prince or State, with the 
 Fishing of all Sorts of Fish, Whales, Sturgeons, and all other Koyal Fishet;, in 
 the Seas, Bays, Inlets, and Rivers within the Premisses, and the Fish therein 
 taken, togetlier with the Royalty of the Sea upon the Coasts within the Limits 
 aforesaid, and all Mines Royal, as well discovered as not discovered, of Gold, 
 Silver, Gems, and precious Stones, to be found or discovered witliiu the Terri- 
 tories, Limits, and Places aforesaid, and that the said Land be from henceforth 
 reckoned and reputed as one of our Plantations or Colonies in America, called 
 Eupcrt's Land. 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 Pro- 
 prietors, of the same Territory, Limits and Places aforesaid, and of all other the
 
 168 THE HUDSON'S BAY 
 
 Premisses, 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 Premisses, 
 hereby granted as aforesaid, with their, and every of their Rights, Members, 
 Jurisdictions, Prerogatives, 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, as of Our Manor of East Greenwich in our 
 County of Kent, in free and common Soccago, and not in Capite or by Knight's 
 Service ; teilding and paying yearly to Us, Our Heirs and Successors, for the 
 same, two Elks and two black Beavers, whensoever, and as often as We, our 
 Heirs and Successors, shall happen to enter into the said Countries, Territories 
 and Regions hereby granted. And further, Our Will and Pleasure is, and by 
 these Presents, for Us, Our Heirs, and Successors, We do grant nuto the said 
 Governor and Company, and to their Successors, that it shall and may be lawful, 
 to and for the said Governor and Company, and their Successors, from time to 
 time, to assemble themselves, for or about any the Matters, Causes, Affairs, or- 
 Businesses of the said Trade, in any Place or Places for the same convenient, 
 within our Dominions or elsewhere, and there to hold Court for the said Com- 
 pany, and the Affairs thereof ; and that also, it shall and may be lawful to and 
 for them, and the greater Part of them, being so assembled, and that shall then 
 and there be present, in any such Place or Places whereof the Governor or his 
 Deputy for the Time being to be one, to make, ordain, and constitute, sucli, and 
 so many reasonable Laws, Constitutions, Orders and Ordinances, as to them, or 
 the greater part of them being then and there present, shall seem necessary and 
 convenient for the good Government of the said Company, and of all Governors 
 of Colonies, Forts and Plantations, Factors, Masters, Mariners, and other 
 Officers employed or to be employed, in any of the Territories and Lands afore- 
 said and in any of their Voyages ; and for the better Advancement and Con- 
 tinuance of the said Trade, or Traffic and Plantations, and the same Laws, 
 Constitutions, Orders and Ordinances so made, to put in Use and execute accord- 
 ingly, and at their Pleasure to revoke and alter the same, or any of them, as the 
 occasion shall require : And that the said Governor and Company, so often as 
 they shall make, ordain, or establish, any such Laws, Constitutions, Orders, and 
 Ordinances, in such Form as aforesaid, shall and may lawfully impose, ordain, 
 limit and provide, such Pains, Penalties and Punishments upon all Offenders, 
 contrary to such Laws, Constitutions, Orders and Ordinances, or any of them, 
 as to the said Governor and Company for the Time being, or the greater Part of 
 them, then and there being present, the said Governor or his Deputy being 
 always one, shall seem necessary, requisite, or convenient for the Observation of 
 the same Laws, Constitutions, Orders and Ordinances ; and the same Fines and 
 Amerciaments shall and may by their Officers and Servants, from time to time 
 to be appointed for that Purpose levy, take and have, to the Use of the said 
 Governor and Company, and their Successors, without the Impediment of Lis, 
 Our Heirs or Successors, or of any the Officers or Ministers of Us, Our Heirs or 
 Successors, and without any Account therefore to Us, Our Heirs or Successors, to 
 be made. All and singular which Laws, Constitutions, Orders and Ordinances, 
 so as aforesaid, to be made. We will to be duly observed and kept under the 
 Pains and Penalties therein to be contained ; so always as the said Laws, Con- 
 stitutions, Orders and Ordinances, Fines and Amerciaments, be reasonable, and 
 not contrary or repugnant, but as near as may be agreeable to the Laws, Statutes 
 or Customs of this our Realm. And fcrthermoee, of our ample and abundant
 
 company's land tenures. 169 
 
 Grace, certain Knowledge, and mere Motion, We have granted, and by these 
 Presents for Us, Our Heirs and Successors, do grant unto the said Governor and 
 Company, and their Successors, that they, and their Successors, and their Factors, 
 Servants and Agents, for them, and on their Behalf and not otherwise, shall for 
 ever hereafter have, use and enjoy, not only the whole, entire, and only Trade 
 and Traffick, and the whole, entire, and only Liberty, Use and Privilege, of 
 Trading and Trafficking to and from the Territory, Limits and Places aforesaid ; 
 but also the whole and entire Trade and Traffick to and from all Havens, Bays, 
 Creeks, Rivers, Lakes and Seas, into which they shall find Entrance or Passage 
 by Water or Land out of the Territories, Limits or Places, aforesaid ; and tn 
 and with all the Natives and People, inhabiting, or which shall inhabit within 
 the Territories, Limits and Places aforesaid ; and to and with all otlier Nations 
 inhabiting any the Coasts adjacent to the said Territories, Limits and Places 
 which arc not already possessed as aforesaid, or whereof the solo Liberty or 
 Privilege of Trade and Traffick.is not granted to any other of Our Subjects. And 
 We of Our further Royal Favour, and of Our more especial Grace, certain Know- 
 ledge, and mere Motion, have granted, and by these Presents for Us, Our Heirs 
 and Successors, do grant to the said Governor and Company, and to their Suc- 
 cessors, that neither the said Territories, Limits and Places, hereby granted as 
 aforesaid, nor any Part thereof, nor the Islands, Havens, Ports, Cities, Towns or 
 Places, thereof, or therein contained, shall be visited, frequented or haunted, by 
 any of the Subjects of Us, Our Heirs or Successors, contrary to the true Meaning 
 of these Presents, and by Virtue of Our Prerogative Royal, which We will not 
 have in that Behalf argued or brought into Question ; We streigutly charge, 
 command and prohibit, for Us, Our Heirs and Successors, all the Subjects of 
 Us, Our Heirs and Successors, of what Degree or Quality soever they be, that 
 none of them directly or indirectly, do visit, haunt, frequent or trade, traffic or 
 adventure, by way of Merchandize, into, or from any the said Territories, Limits 
 or Places, hereby granted, or any, or either of them, other than the said Governor 
 and Company, and such particular Persons as now be, or hereafter shall be, of 
 that Company, their Agents, Factors and Assigns, unless it be by the Licence 
 and Agreement of the said Governor and Company in Writing first had and 
 obtained, under their Common Seal, to bo granted, upon Pain that every such 
 Person or Persons that shall trade or traffick into or from any of tlie Countries, 
 Territories or Limits aforesaid, other than the said Governor and Company, and 
 their Successors, shall incur our Indignation, and the Forfeiture, and the Loss of 
 the Goods, Merchandizes, and other Things whatsoever, which so shall be brought 
 into this Realm of England, or any the Dominions of the same, contrary to our 
 said Prohibition, or the Purport or true Meaning of these Presents, for which 
 the said Governor and Company shall find, take and seize, in other Places out of 
 our Dominions, where the said Cempany, their Agents, Factors or Ministers, 
 shall trade, traffick or inhabit, by Virtue of these Our Letters Patent, as also the 
 Ship and Ships, with the Furniture thereof, wherein such Goods, Merchandizes, 
 and other Things, shall be brought and found, the one Half of all the said For- 
 feitures to be to Us, Our Heirs and Successors, and the other Half thereof We 
 DO by these Presents clearly and wholly for Us, Our Heirs and Successors, give 
 and grant unto the said Governor and Company, and their Successors. And 
 further, all and every the said Oflenders, for their said Contempt, to suffer such 
 other Punishment as to Us, Our Heirs and Successors, for so high a Contempt, 
 shall seem meet and convenient, and not to be in anywise delivered until they, 
 and every of them, shall become bound unto Ihe said Governor for the time being
 
 170 THE Hudson's bay 
 
 in tlio Bum of One TliouHand Pounda at the least, at no time then after to trade 
 or traflick into any of the said Places, Rcas, Rtrci^hts, T3ays, Ports, Havens or 
 TrTrilorioH, aforoBaid, contrary to our express Commandmorit in that Behalf set 
 down anil j)uhliHhcd. And fcktiier, of Our more rspccial Grace, We uavk 
 condcHcoiKlod and ^(rantod, and by these Presents for Us, Our Heirs and Succcs- 
 ccsHors, DO f?rant unto the said Governor and Company, and their Successors, 
 that We, Our IIcath and Huccessors, will not grant Liberty, Licence, or Power, 
 to any Person or Persons whatsoever, contrary to the Tenor of tiiese Our 
 Letters Patent, to trade, trafTick <)r inhabit, unto or upon any the Territories, 
 [iimils or Places, afore specified, contrary to the true Meaning of these Presents, 
 wilhout tlie Oonscnt of the said C«ovcrnor and Company, or the most part of 
 them. And, of Our more abundant Grace and Favour to the said Governor and 
 Company, Wk do hereby declare Our Will and Pleasure to be, Tliat if it sliall 
 so happen, that any of the Persons free, or to bo free of the said Company of 
 Adventurers of Enghmd trading into Hudson's Bay, who shall, before the going 
 forth of any Sliij) or Shijis appointed for A Yovaoe, or otherwise, promise or 
 agree by Writing under hia or tlieir Hands, to adventure any Sum or Sums of 
 Money, towards tlie fumishing any ProviHion, or Maintenance of any Voyage or 
 Voyages, set fortJi, or to be set fortli, or intended or meant to be set forth, by the 
 said (Jovernor and Company, or the more Part of tiiem jjrcsent at any publiek 
 Assembly, commonly called 'J'lieir General Court, shall not within the Space of 
 twenty Days next after Warning given to him or them, V>y the said Governor or 
 Osnipany, or their known Officer or Minister, bring in and deliver to tlie 
 Treasurer or Treasurers appointed for the Company, such Sums of Money as 
 sliall have been exprt^ssed and set down in Writing, by the said Person or Persons, 
 subscribed with the Name of said Adventurer or Adventurers, tliat then, and at 
 all Times after, it shall and may be lawful to and for the said Governor and 
 Company, or the more Part of them present, whereof the said Governor or his 
 De])uty to be one, at any of their General Courts or General AsHomblies, to 
 remove and disfranchise him or them, and every such Person and Persons at 
 tlicir Wills anri Pleasures, and he or they so removed and disfranchised, not to 
 b(; l)ermittf;d to trade into the Countries, Territories, and Limits aforesaid, or 
 a,ny I'arl tliercof, nor lo have any Adventure or Stock going or remaining with 
 f)r amongst the said Comjjany, wilhout the special Licence of the said Governor 
 and (Company, or the more I'art of them present at any General Court, first ha<l 
 and obtained in tliat Behalf, any Thing before in these Presents to the contrary 
 thereof in anywise notwithstanding. And Our Will and Pleasure is, and 
 hereby we do also ordain. That it shall and may bo lawful, to and for the said 
 Governor and Company, or the greater Part of them, whereof the Governor for 
 the Time being, or his Dej)uty to be one, to admit into, and to be of the said 
 Company, all such Seivants or Factors, of or for the said Company, and all such 
 others, as to them, or tho most Part of them present, at any Court held for the 
 said Company, the Governor or his Deputy being (me, shall be thought fit and 
 agreeable with the Orders and Ordinances made and to be made for the Govern- 
 ment of the said Company. And fuutiieij. Our Will and Pleasure is, and by 
 these Presents, for Us, Our Heirs and Successors, We do grant unto the said 
 Governor and Company, and to their Successors, that it shall and maybe lawful 
 in all Klections, and Bye-laws to be made by tho General Court of the Adven- 
 turers of the said Company, that every Person shall have a number of Votes 
 according to his Slock, tliat is to say, for every liundreil Bounds by him sub- 
 scribed or brought into tlio present Stock, one Vote, and that any of those that
 
 COMPANY. S LAND TENUHES. 171 
 
 have i!ub«cribe<l Ighh tlian one hundrol Poand», may join their respective Suma 
 to make up one hundred Pounds, and liave one Vote jointly for the fcame, and 
 not otherwise. And ruiniiKK, Of Our eft i>eeial race, certain Knowh^lge, and 
 mere Slotion, We ix» for Ut^, Our Ileirn and Buc<je8ftorH, grant t^j and with t)je 
 Kaid Governor and Company of Adventurerw of England tra/ling int'i Hwbifju'H 
 ii&y, that all Landa, Lslandn, TerritfjrieH, Plantations, Fortn, Fortifications, 
 Factories, or Colonies, where the said (^juiixxhy'n Factories and Tra<le are or 
 shall U;, within any Ihe Ports or Plac/;s aforo limit'.-d, shall be immMliittely and 
 from henceforth^ under the Power and O^rnniand of the said Governor and Ojm- 
 It&ny, their Huccfjss'jrs and Assigns; baviso the Faith and Allegiancfi due to he 
 ixirforme*! to Us, Our Heirs and SuccBf>ors aforesaid ; and tliat tlie said Governor 
 arid Company shall have Liberty, full Power and Authority, to t>jipoint and 
 e«tahlish Governors, and all other Offic<^;rs Uj govern them, and that the Governor 
 and his Council of the sev< ral and respective Places where the said Company 
 sliall have PJari^ations, Forts, Fact'^ries, OAonies, or Places of Tra'le within any 
 the Cfjuntries, Lands or 'Jerritoiies hereby grant^-d, may li;ive Power V> judge all 
 Pers'^ns belonging to the said Governor and f>jnji>any, or that sli^iU live under 
 them, in all Causes, whether Civil or Criminal, according to the Laws of this 
 Kingdor/j, and Uj execute Justice acc^jrdjngly. And, in Case any Crime or 
 Misdemeanor shall Ixj committed in any of the said Comf/any's Plantations, 
 Forts, FacV^iries, or Places of Tra'le within the Limits aforesaid, where Judica- 
 ture cannot be executed for want of a Governor and Ojuocil there, then in such 
 Ca«e it sliall and may be lawful for the chief Factor of that Pkce and his 
 Council, to transmit the Party, together with the Offence, to such other Planta- 
 tion, Factory, or Fort, where there shall be a Governor and Council, where 
 Justice may Ixi execute<l, or into this Kingdom of England, as sliall l.»e thought 
 most <ymv<:nlcnt, tljere tfj rcc^sive such Punishment as the Nature of hiji Offence 
 sliall deB<,-rve. Akd moijeovek, Our Will and Pleasure is, and by these Prewjut*-, for 
 Us, Our Heirs and fiuccessors, We joo oive and grant unto the said Governor and 
 Cor/jpany, and their Su'yjesftors, free Lil.»<;rty and Licence;, in Case they oncei ve it 
 necessary, to send either Hhips of War, Men or Ammunition, unto any their 
 Plantations, Forts, FacU^ries, or Plac<;s of Tra/le afore»iid, for the Hecurity and 
 Defence of the same, and to chv^M; O'^mnianders and Officers over them, and t/^; 
 give them Power and Authority, by Commiission under their Ojintnou fv.-al or 
 otherwise, to cmtinue or make Peace or War with any Prince or People what- 
 soever, that are not Christians, in any PLa%s where the said f>jmi^ny shall have 
 any Plantations, Forts or Va/^i/jrUiH, or adjacent thereuntf>, as sliall b<; most for 
 the Advantage and Benefit of the said Governor and O^mpany, and of their 
 Trade; and alsf> t*^ right and rwy/apenw; themselves u[><;n the GoofJs, Estates 
 or IV^pIe of those Parts, by whom the said Governor and Com|>any shall sustain 
 any Injury, L'/ss, or Damage, or ujxjn any other Pe^jple wloatsoever that shall 
 any Way, contrary to the Intent of these Pretcnts, int<;rrupt, wrong or injure 
 them in their said Trade, within the said Phuxjf, Territories, and Liuiits, grant^.-d 
 by this Charter. And tixat it shall af;d Hi;.y l>e lawful to and for the said 
 Governor and f>>mj/any, and their Kuccessors, from time t'; time, and at all 
 Times from Jienc<iforth, to er'x-t and build such Castles, Fortifications, Forts, 
 Garrisons, O^lonies or PLantations, Towns or Villages, in any Parts or Places 
 within the Limits and Bounds granted lx;fore in thfse Pres<,-nts, unU^ the j-aid 
 Govenjor and Comj^ny, as they in their Discretion shall think fit and rc^ui/ite, 
 and for the Supply of such as shall Ix; needful and convenient, to keep and W in 
 the »ame, tf^ send out of this Kingdom, Uj the said Castles, Forts, Fortifications,
 
 172 THE Hudson's bay 
 
 Garrisons, Colonies, Plantations, Towns or Villages, all Kinds of Cloatliing, 
 Provision of Victuals, Ammunition and Implements, necessary for such Purpose, 
 paying the Duties and Customs for the same, as also to transport and carry over 
 such Number of Men being willing thereunto, or not prohibited, as they shall 
 tliink fit, and also to govern them in such legal and reasonable Manner as the 
 said Governor and Company shall think best, and to inflict Punishment for Mis- 
 demeanors, or impose such Fines upon them for Breach of their Orders, as in 
 these Presents are formerly expressed. And fukthkb, Our Will and Pleasure 
 is, and by these Presents, for Us, Our Heirs and Successors, We do grant unto 
 the said Governor and Company, and to their Successors, full Power and lawful 
 Authority to seize upon the Persons of all such English, or any other Our Sub- 
 jects, which shall sail into Hudson's Bay, or inhabit in any of the Countries, 
 Islands or Territories hereby gruatod to the said Governor and Company, with- 
 out their Leave and License in that Behalf first had and obtained, or that shall 
 contemn or disobey their Orders, and send them to England ; and that all and 
 every Person or Persons, being Our Subjects, any ways employed by the said 
 Governor and Company, within any the Parts, Places, and Limits aforesaid, shall 
 be liable unto and suffer such Punishment for any Ofiences by them committed 
 in the Parts aforesaid, as the President and Council for the said Governor and 
 Company there shall think fit, and the Merit of the Offence shall require, as 
 aforesaid ; and in case any Person or Persons being convicted and sentenced by 
 the President and Council of the said Governor and Company, in the Countries, 
 Lands, or Limits aforesaid, their Factors or Agents there, for any Offence by them 
 done, shall appeal from the same ; that then and in such Case, it shall and may 
 be lawful to and for the said President nnd Council, Factors, or Agents, to seize 
 upon him or them, and to carry him or them home Prisoners into England, to 
 the said Governor and Company, there to receive such condign Punishment as 
 his Cause shall require, and the Law of this Nation allow of; and for the better 
 Discovery of Abuses and Injuries to be done unto the said Governor and Com- 
 pany, or their Successors, by any Servant by them to be employed in the said 
 Voyages and Plantations, it shall and may be lawful to and for the said 
 Governor and Company, and tlieir respective President, Chief Agent or Governor 
 in the Parts aforesaid, to examine upon Oath all Factors, Masters, Pursers, 
 Supercargoes, Commanders of Castles, Forts, Fortifications, Plantations or 
 Colonies, or other Persons, touching or concerning any Matter or Thing, in 
 which by Law or Usage an Oath may be administered, so as tlie said Oath, and 
 the Matter therein contained, be not repugnant, but agreeable to the laws of this 
 Realm. And, we do hereby streightly charge and command all and singular, 
 our Admirals, Vice-Admirals, Justices, Mayors, Sheriffs, Constables, Bailiffs, 
 and all and singular other our Officers, Ministers, Liege Men and Subjects what- 
 soever, to be aiding, favouring, helping and assisting to the said Governor and 
 Company, and to their Successors, and to their Deputies, Officers, Factors, 
 Servants, Assigns and Ministers, and every of them, in executing and enjoying 
 the Premisses, as well on Land as on Sea, from time to time, when any of you 
 shall thereunto be required ; any Statute, Act, Ordinance, Proviso, Proclama- 
 tion, or Restraint heretofore had, made, set forth, ordained, or provided, or any 
 other Matter, Cause or Thing whatsoever to the contrary in any wise notwith- 
 standing. In witness whereof, we have caused these Our Letters to be made 
 Patent; Witness Oueselp at Westminster, the Second Day of May, in the Two 
 and Twentieth Year of Onr Reign. 
 
 By Writ of Privy Seal, PIGOTT.
 
 company's land tenures. 173 
 
 APPENDIX B. 
 
 Page 7. — Grant of the District op Assiniboia by the Hudson's Bay 
 Company to Lord Selkirk. 
 
 TJiis Indenture made the twelfth day of June in the fifty-first year of the 
 Reign of Our Sovereign Lord George the Third, by the Grace of God, of the 
 United Kingdom of Great Britain and Ireland, King Defender of the Faith, and 
 in the year of Our Lord one thousand eight hundred and eleven. 
 
 Between the Governor and Company of Adventurers of England trading 
 into Hudson's Bay of the one part and the Right Honorable Thomas Earl of 
 Selkirk of the other part. 
 
 Whereas the said Governor and Company are seized to them and tlieir 
 successors in fee simple as absolute Lords and Proprietors of all the Lands and 
 Territories situate upon the Coasts and Confines of the Seas, Strcights, Bays, 
 Lakes, Rivers, Creeks and Sounds within the entrance of the Streights commonly 
 called Hudson's Streights in the North West parts of America and which Lands 
 and Territories are reputed as one of the Plantations or Colonies belonging or 
 annexed to the United Kingdom of Great Britain and Ireland and are called 
 Ruperts Land. 
 
 And whereas the said Governor and Company have for divers good and 
 valuable causes and considerations them thereunto moving agreed to convoy 
 and assure a certain Tract or Parcel of the said Lands and Territories herein- 
 after described unto and to the use of the said Earl of Selkirk, his heirs and 
 assigns under and subject to certain conditions hereinafter expressed and 
 contained. 
 
 Now therefore this Indenture witnessoth that in pursuance of such agreement 
 and in consideration of the sum of ten shillings of lawful money of Great Britain 
 to the said Governor and Company well and truly paid by the said Earl of 
 Selkirk at or before the execution of these presents (the receipt whereof is 
 hereby acknowledged) and for divers good and other valuable causes and con- 
 siderations them the said Governor and Company have given, granted, aliened, 
 enfeoffed and confirmed and by these presents, do give, grant, alien, enfeoff and 
 confirm unto the said Earl of Selkirk, his heirs and assigns, all that Tract of 
 Land or Territory being within and forming part of the aforesaid Lands and 
 Territories of the said Governor and Company bounded by an imaginary lino 
 running as follows (that is to say) beginning on the western shore of Lake 
 Winnipie, otherwise Winnipeg, at a point in fifty-two degrees and thirty minutes 
 north latitude and thence running due west to the Lake Winnepigoos, otherwise 
 called Little Winnipeg, then in a southerly direction through the said Lake so 
 as to strike its western shore in latitude fifty-two degrees, then due west to the 
 place where the parallel of fifty-two degrees north latitude intersects the western
 
 174 THE HUDSON'S BAY 
 
 branch of Red River, otherwise called Assiniboine River, then due south from 
 that point of intersection to the Height of Land whicli separates the waters 
 running into Hudson's Bay from those of the Missouri and Mississippi, then in 
 an easterly direction along the said Height of Land to the source of the River 
 Winnipie or Winnipeg (meaning by such last named River, the Principal 
 Branch of the waters which unite in Lake Saginagas), then along the main 
 stream of the waters and the middle of the several Lakes through which they 
 flow to the mouth of the Winnipie River and thence in a northerly direction 
 tlirough the middle of Lake Winnipie to the place of beginning. 
 
 As the said Tract or Parcel of Land hereby granted or intended so to be is 
 more particularly described and distinguished, and the boundary thereof marked 
 out in the map or plan annexed to these presents, in which plan the lands 
 hereby intended to be granted are coloured red. 
 
 Together with all mines, minerals and metals and delfs and quarries of stone 
 and lime already discovered or hereafter to be discovered within the limits of 
 the land hereby granted and enfeoffed or otherwise assured or expressed and 
 intended so to be. 
 
 And also all and fcingular, houses, edifices, buildings, forests, woods, springs, 
 woodlands, and underwoods and the ground and soil thereof respectively. Trees, 
 timber and timber like trees, quays, wharfs, landings and landing places, lakes, 
 ponds, rivers, j^ools, dams and streams of water, fishings and fishing places and 
 rights of fishery, moats, moors, marshes, wastes, waste grounds, commons, common 
 of pabture and common of turbary, furzes, heaths, mounds, hedges, fences, ditches, 
 roads, feus, feu-grounds, ways, paths, passages, easements, waters, water-courses 
 and all and singular other the rights, franchises, liberties, customs, profits, 
 commodities, emoluments, benefits, advantages, members, hereditaments and 
 appurtenances whatsoever to all and singular the said lands and premises 
 hereby granted and enfeofl'ed or otherwise assured or expressed and intended so 
 to be, or any part or parcel thereof belonging or in anywise appertaining to or 
 with the same held used possessed or enjoyed or accepted, reputed, adjudged, 
 esteemed, deemed, taken or known as part parcel or member thereof, or of any 
 part thereof or as appurtenant thereunto and the reversion and reversions, 
 remainder and remainders yearly and other profits of the said land, heredita- 
 ments and premises hereby granted and enfeoffed or otherwise assured or 
 expressed and intended so to be, or any part or parcel thereof and all the estate, 
 right, title, interest, use, trust, inheritance, property, possession, benefit, claim, 
 and demand whatsoever at law and in equity or otherwise howsoever of them 
 the said Governor and Company of in to or out of the land, hereditaments, and 
 premises hereby granted and enfeoffed or otherwise assured or expressed and 
 intended so to be and every part and parcel of the same. Saving and reserving 
 nevertheless to the said Governor and Company and their successors all rights 
 of jurisdiction whatsoever granted to said Company by their Charter. 
 
 To have and to hold the land and hereditaments and all and singular other 
 the premises hereby granted and enfeoffed or otherwise assured or expressed 
 and intended so to be, and every part and parcel of the same unto the said Earl 
 of Selkirk, his heirs and assigns for ever. 
 
 As to for and concerning such an extent or quantity or such separate extents 
 or quantities of the Tract or Teiritory of Land hereby granted and enfeofl'ed 
 shall in the whole amount be equal to one tenth part of the said Tract or Terri- 
 tory and which one tenth shall be set out by tLe said Earl of Selkirk, his heirs 
 or assigns before or within the spftcc of three years after the said Governor and
 
 company's land tenures. 17o 
 
 Couipauy or tlicir successors sliall by some writing under tliu luvutl uf the 
 Governor of the said Company for the time being require the said Earl of 
 Selliirk, his heirs or assigns to make such division or setting out to the use of 
 such person or persons being or liaving been in the service or employ of the said 
 (.Toveruor and Company for a term not less than three years immediately pre- 
 ceding the date and execution of any direction or appointment to be made by 
 the said Governor and Company and their successors under this present power, 
 in such parts, shares, and portions and for such estates and interests as the said 
 Governor and Company and their successors shall from time to time by any 
 writing to be sealed with the common seal of the said Company direct or 
 appoint. 
 
 Nevertheless, so that no person taking under any such direction or appoint- 
 ment and being under the Rank or Degree of Master of a Trading Post, shall be 
 or become entitled to any greater part share or proporti&n than two hundred 
 acres, nor any person of the Rank or Degree of Master of a Trading Post any 
 greater part share or proportion than one thousand acres. 
 
 And also, so that every use estate or interest which shall bo created under or 
 by virtue of any direction or appointment to be made by the said Governor and 
 Company and their successors in pursuance of the aforesaid power be made and 
 rendered subject to a condition to be void if the person or persons or his, her or 
 their assigns shall not be or become a settler or settlers upon the laud hereby 
 directed or appointed or if he, she or they or his, her or their assigns shall 
 neglect or fail to cultivate and continue the cultivation of the same land and in 
 the mean time and until such direction or uiipointmcut shall be made and so far 
 as any such direction or appointment shall not extend. 
 
 To the use of the said Earl of Selkirk, his heirs and assigns for ever and to 
 and for no other use, intent or purpose whatsoever. 
 
 And as to all the remaining part or parts, portion or portions of the said 
 Tract or Territory. To the use of the said Earl of Selkirk, his heirs and assigns 
 for ever. 
 
 Nevertheless, upon under and subject to the conditions hereinafter mentioned 
 expressed and declared of and concerning the same. 
 
 And to the intent that these presents may be '•cudered a complete and eftectual 
 assurance. The said Governor and Company have made, ordained, constituted 
 and appointed and by this present Deed or Instrument under their common 
 seal— Do make, ordain, constitute and appoint William Auld, Thomas Thomas, 
 William Sinclair, William Plillier, James Swain, Donald Sutherland, Hugh 
 Heney, John Stitt, John McKay, and Archibald Mason, all servants of the said 
 Governor and Company jointly and eacli and every of thiin separately their true 
 an 1 lawful attoruies and attorney, for them the said Governr.r and Company and 
 in their name, place and stead to enter into and upon the land, liercditaments 
 and premises hereby granted and enfeoffed or otherwise assured or expressed 
 and intended so to be, or into or upon any part or parcel of the same in tlie name 
 of the whole, wholly, and quiet and peaceable possession and seizin of the sa'd 
 land, hereditaments and premises and of every or any part thereof, in the name 
 of the whole, for and in the name of the said Governor and Company, to have 
 and take and after such entry made and possession and seizein so had and taken 
 as aforesaid to deliver quiet and peaceable po.ssession and seizein thereof and of 
 every part thereof uut(j Miles McDonnell, l^squire, Kelly Clerk, Abel Edwards, 
 Surgeon, Kenneth MacRac and William Tomison, Gentlemen, whom the said 
 Eirl of Selkirk hath made, ordained, cnnslituted and appointed, and by these
 
 176 THE HUDSON'S BAY 
 
 presents doth make, ordain, constitute and appoint jointly and separately his 
 true and lawful attornies and attorney for and in his name place and stead to 
 take and receive the same, to be had and held according to the tenor form and 
 effect of these presents. 
 
 And the said Governor and Company, and the said Earl of Selkirk do hereby 
 respectively ratify, confirm and allow to be sufBciently available all and whatso- 
 ever tlieir said attorneys respectively shall lawfully do in tlie premises by virtue 
 of these presents. Provided always, and it is hereby agreed and declared 
 between and by the parties hereto, and the presents are upon this express con- 
 dition. That if the said Thomas Earl of Selkirk, his heirs or assigns shall not 
 within the space of ten years to be computed from the date of these presents 
 settle or establish upon the tract of ground hereby expressed to be granted — One 
 thousand families, each of them consisting of one married couple at the least, 
 according to the true intent and meaning of these presents. 
 
 And if the said Governor and Company shall by notice in writing to be given 
 to the said Tliomas Earl of Selkirk, his heirs or assigns or left at his or their 
 dwelling or usual place of abode require him or them to establish and settle 
 such a number of families on the premises as will make up one thousand families 
 on the same. 
 
 And the said Thomas Earl of Selkirk, his heirs or assigns shall during the 
 space of three years next after such notice shall be given or left as aforesaid 
 neglect to settle or make up the said number of families — then and in that case 
 it shall be lawful for the said Governor and Company by Deed under their 
 common seal to revoke the grant hereinbefore expressed and contained, and to 
 enter upon the premises hereby granted of his or their former estate — but 
 subject and witliout prejudice to such grant as shall have been previously made 
 by the said Earl, his heirs or assigns to or in favour of any person or persons, so 
 as upon the land comprized in any such grant there be actual settlers to the 
 amount of one family for every five thousand acres. 
 
 And also upon this further express condition that the said Earl of Selkirk, 
 his heirs or assigns or any other person or persons deriving title by from through 
 or under him, them or any of them shall not nor will at any time or times 
 hereafter, in or by any direct or indirect mediate or immediate manner, ways or 
 means, infringe or violate, or set about or attempt to infringe, or violate, or aid, 
 assist or abet, or set about, or attempt to aid, assist or abet or supply with 
 spirituous liquors — trading goods — i^rovisious or other necessaries any person or 
 persons whomsoever corporate or incorporate, or any Prince, Power, Potentate, or 
 State whatsoever, who shall infringe or violate, or who shall set about, or attempt 
 to infringe or violate the exclusive rights, power, privileges, and immunities of 
 commerce, trade and traffick, or all or any other of the exclusive rights, powers, 
 privileges and immunities of or belonging or in any wise appertaining to or 
 held, used or enjoyed by the said Governor and Company and their successors 
 and particularly such rights, powers, privileges and immunities as they are 
 entitled to under or by virtue of or which were given and granted or intended to 
 be given and granted <o them and their successors by the Charter of His late 
 Majesty King Charles the Second, bearing date on or about the second day of 
 May, in the year one thousand six hundred and sixty-nine — save and except 
 such rights, powers, privileges, immunities and franchises as are incident to the 
 land hereditaments and premises hereby granted and enfeoffed or otherwise 
 assured or expressed and intended so to be, or any part or parcel of the same 
 and which are hereby intended to pass by and with the same without the license
 
 company's land tenures, 177 
 
 or couscut ill writing of tlic Governor of the said Company and their successors 
 for the time being for that purpose first had and obtained. 
 
 And also, that he, tlie said Eurl of Selkirk, his heirs or assigns or any person 
 deriving title by, from, through, or under him, them, or any of them — shall not 
 in any manner without such license or consent as aforesaid carry on or establish 
 or attempt to carry on or establish in any posts of North America, any trade or 
 traffick, in or relating to any kind of i'urs or peltry or in any manner directly or 
 indirectly aid or abet any person or persons in carrying on such trade or traffic 
 or in any manner otherwise than as hereinafter mentioned, navigate or traffic or 
 assist in navigating or trafficking upon or within any of the seas or waters within 
 Hudson's Streights aforesaid, or unlawfully enter into or tresspass tipon any 
 part of the land or territories belonging to tlie said Governor and Company and 
 their successors in or at Ruperts Land aforesaid, not hereby granted and enfeoffed 
 or otherwise assured or expressed and intended so to be. 
 
 Nevertheless it is agreed that no act of entry shall be deemed construed or 
 taken to be an act of tresspass within the meaning of this condition unless 
 committed after some special notice or prohibition in writing, shall be or have 
 been given by the said Governor and Company or their successors or some 
 person or persons duly authorized by them uuto the person or persons who from 
 time to time shall be, or be alleged to be guilty of such trespass. 
 
 Provided also, and it is hereby further declared and agreed by and between 
 the parties hereto, and the presents are ujion this further condition that it shall 
 and may be lawful to and for the said Governor and Company and their suc- 
 cessors at any time or times except in respect to such of the land hereby granted 
 and enfeoffed or otherwise assured or expressed and intended to be, as shall 
 have been put by the said Earl, his heirs or as.^igns into a state of actual culti- 
 vation or settlement to form or make within the said tract of land hereby granted 
 any post or place, posts or places of establishment or communication for traffick, 
 trade or commerce with the native Indians and for such purpose to and for the 
 said Governor and Company and their successors to use, occupy and enjoy such 
 post or place, posts or places, and in like manner to use, occupy and enjoy all 
 and every post aud place or posts and places already formed or made with free 
 liberty of ingress, egress and regress to and for the said Cxovernor and Company 
 and their successors and their servants or agents with or without horses, carts, 
 carriages, boats, vessels and other usual or customary vehicles of conveyance to 
 go to and from the said posts and places in over or upon all aud every or any of 
 (he roads, ways, rivers and canals which now do or which shall or may from 
 time to time lead to or from the said posts or places doing as little damage as 
 may be to the other part of the land hereby granted and enfeoffed and allowing 
 reasonable compensation for the damage which shall bo so done. 
 
 Provided also, and it is hereby furtiier declared and agreed between and by 
 the parties to these presents that the several conditions herein before contained 
 shall not be construed and taken to be entire conditions, so that a dispensatiou 
 or waver of any part branch or member either pro-tempore or otherwise shall 
 operate as a waver or dispensation of every part of such condition, it being the 
 true intent and meaning of the said parties to these presents that the same 
 conditions may be dispensed with, in part cither pro-tempore or otiierwise aud 
 yet continue in force and being as to every other part branch or member thereof, 
 not within the express letter of such dispensation any rule of law to the contrary 
 in any wise notwithstanding 
 
 And it is also declared and agreed between and by the parties to these
 
 178 THE Hudson's bay 
 
 presents, aud the said Governor and Company for themselves and their Bucccssors 
 hereby grant, that in case the said Earl of Selkirk, his heirs or assigns shall 
 alien or otherwise dispose of the land, hereditaments aud promises hereby granted 
 and enfuoflcd, or otherwise assured or expressed aud intended so to be, in 
 separate parcels or divisions, such division or parcel shall so far as concerns any 
 condition herein contained, be and shall be deemed, construed and taken to bo 
 held distinct, separate and ajjart from the other or others of the said divisions 
 or parcels, aud the estate and interest of tlie owner and proprietor, owners and 
 proprietors of any one or more division or parcel, divisions or parcels shall not 
 be or be liable to be defeated or destroyed by any act of forfeiture or breach of 
 condition which shall be made, done or committed by the owucr or proprietor, 
 owners or proprietors of any otlier division or parcel, divisions or parcels, but 
 filial! and may uotwithstauding such act of forfeiture or breach of condition 
 continue aud be in full force and eflfect, in like manner, as though the several 
 conditions herein contained had been annexed to the estate and interest of such 
 last mentioned owner, proprietor or proprietors only and not to the estate or 
 interest of any other owner or proprietor, owners or proprietors. 
 
 Provided also, and it is hereby further declared and agreed between and by 
 the parties to these presents that in all and every or any case of forfeiture or 
 breach of the conditions herein contained the said Governor and Company and 
 their successors shall take advantage and avail themselves of the same by entry, 
 within five years from the day or time on or upon which any act of forfeiture or 
 breach of condition shall be or have been made, done or committed or be for 
 ever barred and foreclosed from taking advantage of the same, it being intended 
 and hereby agreed that such omission on the part of the said Governor and 
 Company and their successors, whether arising from want of knowledge or from 
 any other cause, shall be construed to ba and shall operate as a dispensation or 
 waver of such forfeiture. 
 
 Provided also, and it is hereby further agreed aud declared between and by 
 the parties to these presents and the said Governor and Company do hereby for 
 themselves and their successors, give and grant unto the said E irl of Selkirk, 
 his heirs and assigns and all and every the person and persons whomsoever 
 claiming or deriving title by, from, through^ or under him, them or any of them, 
 as lessee or lessees, or otherwise, free liberty and license to convey any produce 
 of Eupert's Laud aforesaid, save and except the furs, skins of beavers and other 
 animals of a wild and untamed nature, to Port Nelson, in Hudson's Bay, and to 
 commit, send and consign the same to the Port of London, to be there deposited 
 and lodged in the warehouses belonging to or to be from time to time appointed 
 by the said Governor and Company and their successors. 
 
 And in like manner to import, bring and convey into the said land and 
 territories called Rupert's Land any goods, wares, merchandizes or commodities 
 of any kind, nature or description whatsoever as well, manufactured for tlie 
 use, convenience and consumption of the persons being or residing within the 
 limits of the laud hereby granted and enfeoffed, or otherwise assured or expressed 
 aud intended so to be, and to sell, barter and exchange, or otherwise dispose of 
 the same at his and their will and pleasure. 
 
 Nevertheless, it is further agreed that the said produce, goods, wares, mer- 
 chandizes and commodities shall be conveyed to and from Port Nelson in ships 
 or vessels, to be from time to time jirovided by the said Governor and Company 
 and their successors, in pursuance of the covenant or agreement in that behalf 
 hereinafter contained.
 
 company's land tenures. 179 
 
 And also that the said Governor and Compauy and their succcbsors shall and 
 may claim and shall be paid and allowed by the owner or proprietor, owners or 
 proprietors of the said produce, goods, wares, merchandizes and commodities, 
 all charges as and for and in tlie nature of quayage, wharfage, warehouse room 
 and commission for sale which shall be or constitute the average or ordinary 
 price or prices in similar cases. 
 
 Together with such charge for freightage as shall at the time or respective 
 times bo paid or payable for vessels navigating between the Ports of London 
 and Quebec, or at or for such rates of freight as vessels can or may be chartered 
 between London and Hudson's Bay. 
 
 And the said Governor and Company shall and may also charge and shall be 
 paid and allowed for the license hereby given and granted to and for the pur- 
 poses hereinafter mentioned, as and in the nature of a custom or duty any sura 
 not exceeding five pounds, for and upon every one hundred pounds in value, or 
 amount of the produce, goods, wares, merchandizes and commodities, -which shall 
 or may be conveyed to or from Port Nelson aforesaid, and so in proportion for a 
 less quantity in value or amount than one hundred pounds unless the same kind 
 of produce, goods, wares, merchandizes and commodities shall be subject to a 
 higher rate of duty or importation at Quebec, and then in cases of importation 
 the said Governor and Company and their successors shall and may charge, 
 and shall be paid and allowed at and after the same rate as shall be paid or 
 payable at Quebec, such value or amount to be from time to time fixed and 
 ascertained in all cases of imports by and upon the actual and bona fide invoice 
 prices, and in all cases of exports by the net proceeds of sales at Loudon. 
 
 And the said Governor and Company do hereby for themselves in their 
 cori)orate, and not individual capacity and for their successors, covenant promise 
 and agree to and with the said Earl of Selkirk, his heirs and assigns in manner 
 following, that is to say ; 
 
 That notwithstanding any act, deed, matter or thing whatsoever made, done, 
 committed, permitted or suffered to the contrary by them the said Governor 
 and Company, or by any person or persons claiming or to claim by, from, 
 through, under or in trust for them, they, the said Governor and Company now 
 have in themselves, good right, full power and lawful and absolute authority 
 by these presents to convey and assure the land, hereditaments and premises 
 hereby granted and enfeoffed, or otherwise assured or expressed and intended so 
 to be, and every part and parcel of the same unto and to the use of the said Earl 
 of Selkirk, his heirs and assigns, according to the true interest and meaning of 
 these i)resents, and also that notwithstanding any such act, deed, matter or 
 thing as aforesaid, it shall and may be lawful to and for the said Earl of 
 Selkirk, his heirs and assigns, immediately after livery of seizin made and 
 executed in pursuance of these presents, and from time to time and at all times 
 thereafter peaceably and quietly to liave hold, use, occupy, possess and enjoy 
 the land, hereditaments and premises hereby granted and enfeoffed, or otherwise 
 assured or expressed and intended so to be, and every part and parcel of the 
 same and the rents, issues and profits thereof to have, receive and take for his 
 and their own use and benefit without any let, suit, trouble, eviction, molesta- 
 tion, ejection, expulsion, interruption, hindrance or denial of from or by the said 
 Governur and Company or their successors or any other person or persons law- 
 fully or equitable claiming or to claim any estate, right, title, trust or interest 
 at law or in equity of, in, to, out of or upon the said laud, hereditaments and 
 promises or any part or parts of the same by, from, thrcnigh, under, or in trust
 
 180 THE Hudson's bay 
 
 for them, aud that free and clear, aud freely and clearly aud absolutely, acquitted, 
 exonerated, released and discharged or otherwise by the said Governor and 
 Company and their successors at their own costs and charges, well and 
 sufficiently protected, defended, saved harmless and kept indemnified of, from 
 and against all former and other gifts, grants, bargains, sales, leases, mortgages, 
 jointures, uses, trusts, wills, iutails, annuities, legacies, rent charge, rent seek, 
 rent service, and all arrears of rent, and also of from and against all and all 
 manner of fines, issues, seizures, amerciaments, statutes, recognizances, judg- 
 ments, executions, extents, suits, decrees, debts of record, debts to the King's 
 Majesty, or any one of his predecessors, sequestrations, debts, titles, troubles, 
 liens, charges, and incumbrances, at any time or times heretofore, and to be at 
 any time or times and from time to time hereafter made, done or committed, 
 occasioned, permitted or suffered by the said Crovernor and Company or their 
 successors or any other person or persons rightfully claiming or to claim by, 
 from, through, under, or in trust for them, or by their acts, means, default, 
 consent, privity or procurements. 
 
 And moreover, that they the said Governor and Company aud their succes- 
 sors, and all persons whomsoever lawfully or equitably claiming or to claim by, 
 from, through, under, or in trust for them any estate, right, title, trust, charge 
 or interest of, in, to, or out of the land, hereditaments and premises hereby en- 
 feoff'ed or otherwise assured or expressed and intended so to be, or any part or 
 parcel of the same shall and will from time to time and at all times hereafter 
 upon every reasonable request, and at the costs and charges in all things of the 
 said Earl of Selkirk, his heirs and assigns make, do, acknowledge, sufier, execute, 
 and perfect, or cause, or procure to be made, done, acknowledge, suffered, 
 executed or perfected all such furtlier and other lawful and reasonable acts, 
 deeds, devices, conveyances, and assurances in the law whatsoever, either by 
 common recovery or recoveries, deed or deeds enrolled or not enrolled, release 
 confirmation or assurance whatsoever for the furtlier, better, more perfectly and 
 absolutely and satisfactorily conveying or assuring the said land, hereditaments 
 and premises and every part and parcel thereof, unto and to the use of tlie said 
 Earl of Selkirk, his heirs and assigns, subject to the power of appointment on the 
 part of the said Company, and to the conditions and provisoes hereinbefore con- 
 tained, according to the true intent and meaning of these presents, as by the 
 said Eurl of Selkirk, his heirs or assigns, or his or their counsel in the law shall 
 be reasonably devised or advised aud required, so as further assurances or any 
 of them shall not contain or imply any other or more general covenants or war- 
 ranty on the part of the said Governor and Company than as for or against them 
 and their successors in their corporate and not individual capacity, and on the 
 part of any otiier person or persons who shall be required to make and execute 
 the same than for the acts, deeds, and defaults of himself or themselves respec- 
 tively and his, her and their executors and administrators, and so as the person 
 or persons who shall be required to make or execute such further assurances bo 
 not compelled or compellable for the making or doing thereof to go or travel 
 above ten miles from his, her or their dwellings or places of abode. 
 
 And further that the said Governor and Company and their successors shall 
 and will from time to time and all times hereafter find and provide the said 
 Earl of Selkirk, his heirs and assigns and all and every other person or persons 
 whomsoever deriving title, by, from, through, or under him, them, or any of 
 them, either as lessee or lessees or otherwise, and who shall be or become a 
 settlor or settlers upon or at Ruport'.s Tiand aforesaid, with good suitable and
 
 company's land tenures. 181 
 
 convenient ships or vessels, in order and to the intent that he, she or they, m;iy 
 in pTirsnance and under or by virtue of the licence hereinbefore given and 
 granted, convey such produce, goods, wares, merchandizes and commodities as 
 aforesaid to and from Port Nelson aforesaid, and also, shall and will find and 
 provide proper and suitable warehouses, wharfs, quays, and other places for 
 housing and landing the same before lading or after unlading thereof on being 
 paid and allowed such price or rate of freightage and duty and sucli quayage, 
 wliarfuge, and warehouseroom as aforesaid. 
 
 And in case the said Governor and Company and their successors shall neg- 
 lect or fail to provide such ships or vessels, warehouses, wharfs, quays, and other 
 places as aforesaid contrary to the true intent spirit and meaning of the covenant 
 or agreement last aforesaid, — then, and in such case it shall and may bo lawful 
 to and for such settler or settlers to convey such produce, goods, wares, merchan- 
 dizes and commodities to and from Port Nelson aforesaid in ships or vessels 
 belonging to them the said settler or settlers or any person or persons whom- 
 soever (subject nevertheless to the payment of such customs or duties as afore- 
 said), and after and not before such settler or settlers shall have bound himself, 
 herself or themselves, and his, her, and their Heirs, executors and administrators 
 in a sufficient penalty, not to break bulk between the port of lading and the port 
 of discharge, and he, she, or they shall not hereby be, or be deemed or taken 
 to have infringed or violated any right, power, privilege, immunity, or franchise 
 whatsoever belonging or appertaining to the said Governor and Company or 
 their successors within the intent and meaning of any condition herein contained. 
 
 And also that the said Governor and Company and their successors shall and 
 will stand possessed of and interested in all and singular the monies to be col- 
 lected and raised for or in the nature of customs or duties under or by virtue of 
 these presents, upon the trusts and to and for the intents and purposes herein- 
 after mentioned, that is to say ; 
 
 In trust, that they the said Governor and Company and their successors do 
 and shall from time to time and at all times hereafter pay and apply the same 
 for and towards improving the communication by land or water from Port 
 Nelson to Lake Winnipeg, regulating and sustaining the police and civil govern- 
 ment of the settlements or plantations within their own territories, making and 
 erecting public courts, ofHces, places and buildings, and for and towards all or 
 any such other purposes as they the said Governor and Company and their suc- 
 cessors shall or may think meet and proper and conducive to the well-being of 
 tlieir said settlements and establishments in or at Rupert's Land aforesaid, or of 
 the persons being settling and residing in or witliin tlic same. 
 
 And they the said Governor and Company and their successors siiall and 
 will from time to time account for sucli monies accordingly, it being tlio true 
 intent and meaning of the said parties hereto that the said Company shall have 
 the absolute control and expenditure of all and singular the monies arising as 
 aforesaid, but that the same shall bo considered as a fund to be employed for 
 ])urposes of general benetit and improvement to their establisliments and posses- 
 sions in America, ami not to be divided as an account of profit to the general 
 proprietors of their stock. 
 
 In witness whereof the said parties tu tliese presents have hereunto set their 
 hands and seals the day and year first above written. 
 
 (Signed) Selkirk, [L.S.] 
 
 Alexander Lean, [L.S.] 
 Secretary of the Hudson's Bay Company.
 
 182 THE Hudson's bay 
 
 IndurseJ. — Scaled under the commou seal of tbe withiu-mentioued Governor 
 and Company, and signed and delivered by Alexander Loan, their Secretarj', 
 pursuant to their order and appointment, and signed, sealed, and delivered by 
 the within-mentioned Thomas, Earl of Selkirk (being first duly stamped), in 
 the presence of 
 
 Alexander MnNDELL, 
 
 Parliament Street, 
 
 Westminster. 
 Edward Roberts, 
 
 Hudson's Bay House. 
 
 Suit I'attestation e'crite et assermeutie du premier de ces deux temoins, Alex. 
 Mundell, en presence du Maire de Londrcs. 
 Sworn at the JMausiou , 
 House, London, this ) (Signed) Alexander Mundell. 
 
 twenty-third day of ' j^^^^, ^^j.^^^ ^^^^ 
 
 April, 1819, before I Mayor, 
 
 me, ^ 
 
 I'uiu, attestation uotariee, in testimorium veritatis. 
 
 (Signed) William Ddff, 
 
 Notary Public. 
 
 Be it remembered that on the fourtli day of September, iu the year 1812, at 
 the Fork-i of Red River, peaceable possession of the laud and hereditaments by 
 the witliin- written indenture, granted and enfeoffed, or otherwise assured or 
 expressed, and intended so to be, was taken, liad, and delivered, by the within- 
 named William Hillier, one of the attorneys for that purpose appointed, unto 
 the within-named Miles MacDonnell, Esquire, who was duly authorized to 
 receive the same, to and for the use of the within-named Earl of Selkirk, his 
 heirs and assigns, according to the form and effect of the within-written indenture, 
 in the presence of 
 
 (Signed) John McLeod, 
 
 Roderick McKenzie. 
 
 Note. — This deed is extracted from Register Book '' A " of the District of 
 Assiniboia, in which it occupies pp. 1-9. It is accompanied hy inter alia, a cer- 
 tificate of J. McLeod and R. McKay as to peaceable and quiet possession having 
 been delivered to Miles Macdouell, Esq., agent for Lord Selkirk, on Sept. 4, 
 1812, by an affidavit of execution by Alex. Mundell, sworn at the Mansion House, 
 on April, 23, 1819, by a certificate of the Lord Mayor of the same day as to that 
 oath, by a notary's certificate as to the deed and map being faithful copies, and 
 by a certificate of the United States Consul as to John Atkins being truly Lord 
 IMayor and William Duff a notary.
 
 company's L.VND TENURES. 183 
 
 APPENDIX C. 
 
 Page 2. — Judicial Fisdings on the Hcdson's Bay Companv's Chauter. 
 
 In Cahler's Case, tried before the Court of Governor and Council of Asaini- 
 boia at Fort Garry, on August 17, 1818, the Recorder of Rupert's Land, in an 
 exhaustive judgment, (a) expressly found in favour of the proprietary rights of flio 
 Company. So did also the lute Chief Justice of Manitoba (Wood) on June 10, 
 1874, in a most learned judgment in the celebrated case of Regina v. Lepine; the 
 present Chief Justice of Manitoba in the case of Kealimj v. Moises, 2 Man. Rep. 
 47; and particularly Mr. Justice Killam, on August 28, 1888, in the case of 
 Sinclair v. Mulligan, 3 Man. Rep. 481, in the course of a very able judgment, 
 wliich was affirmed on appeal. In the course of tins decision the learned judge 
 remarked : 
 
 "Although this particular portion (Manitoba) of the North-west was not in 
 possession of the Hudson's Bay Company, or of British subjects, until long after 
 that date (1670), and although, in reality, the authority of England over it was 
 only established by the treaties of Utrecht and Paris in 1713 and 17G3, yet the 
 country arouml Hudson's Bay was taken possession of by British subjects before 
 1670, and by the Hudson's Bay Company immediately after its charter was 
 granted, and it would bo impossible to pause at every fort or post established 
 by the Company, and say that upon its establishment the laws of England of 
 that date were there introduced. The Red River s ttlemcnt was established 
 by the authority of the Hudson's Bay Company. The Council of Assiniboia 
 was the creature of that Company ; from the Company it derived all its authority, 
 legislative or judicial." 
 
 (a) Reported at length in 2 Western Law Times Reports, I,
 
 184 THE Hudson's bay 
 
 APPENDIX D. 
 
 Page 24.— List of Ked Riveu Settlers op 1812-1814. 
 
 {Tal-en from Transaction No. 33 of the Historical and Scientific Society 
 of Manitoba.) 
 
 List of men belonging to tlie Red River Settlement, arriving in Umlson 
 Bay in 1811, and brought from York Factory, July, 1812— 
 
 Colin Campbell, aged 21, from Argylo, labourer. 
 John McKay, aged 22, from Ross-shire, boatbnilder. 
 John McLennan, aged 23, from Ross-sliire, labourer. 
 Beth Bethune, aged 19, from Ross-shire, labourer. 
 Donald McKay, aged 17, from Ross-shire, labourei'. 
 William Wallace, aged 21, from Ayr, labourer. 
 John Cooper, aged 26, from Orkney, labourer. 
 Nich'l Harper, aged 34, from Orkney, labourer. 
 Magnus Isbister, aged 21, from Orkney, labourer. 
 Geo. Gibbon, aged 50, from Orkney, labourer. 
 Thos. McKim, aged 38, from Sligo, overseer. 
 Pat. Corcoran, aged 24, from Crosmalina, carpenter. 
 John Green, aged 21, from Sligo, labourer. 
 Pat. Quinn, aged 21, from Killalla, labourer. 
 Martin Jordan, aged IG, from Killalla, labourer. 
 John O'Rourke, aged 20, from Killalla, labourer. 
 Anthony McDonnell, aged 23, from Killalla, labourer. 
 James Toomey, aged 20, from Sligo, labourer. 
 
 18 in all. 
 
 List of Settlers who landed at CnrRcniLL in August, 1813, and pro- 
 ceeding Overland to York Factory, arrived in the Spring op 1814 
 at Red River. 
 
 Passengers on board the Prince of Wales for Red River Settlement — 
 
 1. Geo. Campbell, aged 25, from Archwigle Pariuh, Creech, Sutherland. 
 
 2. Helen, his wife, aged 20. 
 
 3. Bell, his daughter, aged 1. 
 
 4. John Sutherland, aged 50, from Kildonan. Died 2nd September at 0. F., 
 a very respectable man. 
 
 5. Catherine, his wife, aged 46. 
 
 6. George, his son, aged 18. 
 
 7. Donald, his son, aged 16.
 
 company's land tenures. 185 
 
 8. Alexander, his son, aged 9. 
 
 9. Jannet, his daughter, aged 14. 
 
 10. Angus McKay, aged 24, from Kildouan. 
 
 11. Jean, his wife. 
 
 12. Alex. Gunn, aged 50, from Kildonan. 
 
 13. Christine, his wife, aged 50. Died 20th September, 0. F. 
 
 14. William, his son, aged IS, 
 
 15. Donald Bannerman, aged 50. Died 24th Hepteraber at C. F. 
 
 16. Christina, his wife, aged 44. 
 
 17. William, his son, aged IS. 
 
 18. Donald, his son, aged 8. 
 
 19. Christina, his daughter, aged 1(3. 
 
 20. Geo. McDonald, aged 48. Died 1st September, 1813, C. F. 
 
 21. Jannet, his wife, aged 50. 
 
 22. Betty Grey, aged 17. 
 
 23. Catherine Grey, aged 23. 
 
 24. Barbara McBcath, widow, aged 45, Borobal. 
 
 25. Charles, her sun, aged 16. 
 
 26. Jenny (her daughter), aged 23. 
 
 27. Andrew McBeath, aged 19. 
 2S. Jannet, his wife. 
 
 29. William Sutlierland, aged 22, from Borobal. 
 
 30. Margaret, his wife, aged 15. 
 
 31. Christina, his sister, aged 24. 
 
 32. Donald Gunn, aged 65, from Borobal. 
 
 33. Jannet, his wife, aged 50. 
 
 34. (Transferred to the Eddijdone, for H. B. Co. service.) 
 
 35. Geo. Gunn, son to Donald, aged 16, from Borobal, Pmislt Kildonan. 
 
 36. Esther, his daughter, aged 24. 
 
 37. Catherine, his daughter, aged 20. Died 29th August, 1813, C. F. 
 
 38. Christian, his daughter, aged 10. 
 
 39. Angus Gunn, aged 21. 
 
 40. Jannet, his wife. 
 
 41. Robert Sutherland, brother to William, No. 29, aged 17, from Borobal. 
 
 42. Elizabeth Eraser, aunt to No. 30, aged 30. 
 
 43. Angus Sutherland, aged 20, from Auchraich. 
 
 44. Elizabeth, his mother, aged 60. 
 
 45. Betsy, his sister, aged 18. Died of couaumptiou. 
 
 46. Donald Stewart, from Parish of Appiu. Died 20tli August, 1813, at C. F. 
 
 47. Catherine, his wife, aged 30. 
 
 48. Margaret, his daughter, aged S. 
 
 49. Mary, his daughter, aged 5. 
 
 50. Ann, his daughter, aged 2. 
 
 51. John Smith, from Parish Kililonan. 
 
 52. Mary, his wife. 
 
 53. John, his sou. 
 
 54. Jean, his daughter. 
 
 55. Mary, his daughter. 
 
 56. Alex. Gunn, aged 58, from Parisii of Kildonan, Sutlierhuid. 
 
 57. Elizabeth McKay, liis niece. 
 
 58. Betsy McKay, his niece.
 
 18G THE HUDSON'S BAY 
 
 59. Geo. Bannermai), aged 22, from KilJonan. 
 
 60. John Bruce, aged GO, from Parish of Clyne. 
 
 01. Alex. Sutherland, aged 24, from Parish of Kildonan. 
 G2. "Wm. Sutherland, his ijrother, aged 10. Died. 
 G3. Kate Sutl;erland, his sister, aged 20. 
 
 04. Haman Sutherland, aged 18, from Kcuacoi]. 
 
 05. Barbara, his sister, aged 20. 
 
 00. .James McKay, aged 19, from (Jain. 
 
 07. Ann, his sister, aged 21, 
 
 ()8. John MatLeson, aged 22, from Autlibroakacliy. 
 
 09. Robt. Gunn (Piper), from Kildonan. 
 
 70. Mary, his sister. 
 
 71. Hugh Bannerman, aged 18, from Daekalury, Ivil !on:iu. 
 
 72. Elizabeth, his sister, aged 20. 
 
 73. Mary Bannerman. 
 
 74. Alexander Bannerman, aged 19, from Daekalury, Kildonan. 
 
 75. Christian, his sister. Died January, 1814, of consumption. 
 70. John Bannerman, aged 19. 
 
 77. Isabella, iiis sister, aged 16. 
 
 78. John McPherson, aged 18, from Gailable. 
 
 79. Catherine, his sister, aged 20. 
 
 80. Hector McLeod, aged 19. 
 
 81. George Sutlicrland, aged 18, from Borobai. 
 
 82. Adam, his brother, aged 10. 
 
 83. John Murray, aged 21, from Sirsgill. 
 
 84. Alexander, his brother, aged 19. 
 
 85. Helen Kennedy, from Sligo, Ireland. 
 
 80. Malcolm McEachren, from Skibbo, Isla. [Deserteil.] 
 
 87. Mary, his wife. [Deserted.] 
 
 88. James McDonald, blacksmith, from Invernes.s. (To Fort Augustus.) 
 
 89. Hugh McDonald, carpenter. (To Fort William.) Died 3rd August. 
 
 90. Samuel Lament, millwright, from Bowmore, Isla. 
 
 91. Alex. Mathcson, from Kildonan. 
 
 92. John Matheson. 
 
 93. John Mclntyre. (To Fort William.) 
 
 94. Neil Smith, son of No. 31, from Isla. 
 
 95. Edward Shell, from Balyshannon, 
 90. Joseph Kerrigan, from Balyshannon. 
 
 93 and 94 enter the service of the H. B. C. July, 1814. 
 
 No. 89, Hugh McDonald, died 3rd August at sea. 
 
 Mr. P. La Serre, surgeon, died 10th August. 
 
 No. 46, Donald Stewart, died 20th August. 
 
 No. 37, Catherine Gunn, died 29th August. 
 
 No. 20, George McDonald, died 1st September. 
 
 No. 4, John Sutherland, died 2nd September. 
 
 No. 13, Christian Gunn, died 20th September. 
 
 No. 15, Donald Bannerman, died 24th September. 
 
 No. 45, Betsy Sutherland, died 26th October, of cunsumptiiai. 
 
 No. 76, John Bannerman. died January, of con.=;nmption. 
 
 Christian Sntlierland. 
 
 Wm. Sutherland, jun.
 
 company's land tenures. 187 
 
 APPENDIX E. 
 
 Page 24. — List op Settlers who deserted Red River, and went to 
 Canada, in 1815, 
 
 The following list appears on p. 25 of the " Papers relating to the Red River 
 Settlement, 1815-1819." It is contained in a "Statement" of Mr. William 
 McGillivray (senior partner of the North- West Company), dated at Kingston, 
 August 15, 1815. He states that the total number amounted to " about one 
 liundred and forty souls, probably forty or fifty families (heads of families), and 
 some single men." 
 
 York, September 22, 1815, 
 
 A list of settlers from Red River, arrived at Holland River September 6, 
 1815. 
 
 Old Men, 
 
 Donald Gunn, wife and daughter. 
 Alexander Gunn and wife. 
 Angus McDonell, wife and two children. 
 Neil McKinnon, wife and two boys. 
 
 Miles Livingston, wife and two children. 
 Angus McKay, wife and one child. 
 John Matheison, wife and one child. 
 John Matheison, jun., and wife. 
 George Bannerman and wife. 
 Andrew McBeath, wife and one child. 
 William Sutherland, wife and one child. 
 Angus Gunn, wife and one child. 
 Alexander Bannerman and wife. 
 Robert Sutherland and wife, 
 William Bannerman and wife. 
 James McKay and wife. 
 
 Widows. 
 Mrs. Barbara McBeath. 
 Mrs. Jeannet Sutherland and two boys. 
 Mrs. Elizabeth Sutherland. 
 Mrs. Christy Bannerman. 
 Mrs. Jeannet McDonell.
 
 188 
 
 THE HUDSON S BAY 
 
 Jane Gray. 
 Elizabeth Gray. 
 E. Bannerman. 
 E. Gunn. 
 Jannet Sutherland 
 
 John Murray. 
 Alex. Murray. 
 William Gunn. 
 Hugh Bannerman. 
 Hector McLeod. 
 George Gunn. 
 Charles McBeath. 
 
 Young Women Unmarried. 
 
 Isabella McKinnon. 
 
 McKinnon. 
 
 Catti. McDonell. 
 Eliztb. McKay. 
 
 Young Men not Married. 
 
 Angus Sutherland. 
 Thomas Sutherland. 
 Alex. Matheison. 
 John McPherson. 
 Eobert Gunn. 
 George Sutherland. 
 
 N.B. — The young people capable of labour are generally employed between 
 York and Newmarket. The old people are stationed at Newmarket for the 
 present. Some of the settlers, having gone to Montreal, are not included in tbis 
 list. 
 
 (Sd.) D. McLean, 
 
 Agent for the N.-W. Co.
 
 company's land tenures. 189 
 
 APPENDIX F. 
 
 Petition op Red River Settlers to the Prince Regent. 
 
 (Extracted from the Colonial Office Records, Ottaiva, liber 150, pari 2). 
 
 Hudson's Bay House, 
 
 London, March 25, 1818. 
 My Lord, 
 
 The enclosed petition addressed to His Royal Highness the Prince 
 Regent by the inhabitants of the settlement formed on the Red River in the 
 territories of the Hudson's Bay Company has been recently received by the 
 Governor and Committee, and I have now the honour to transmit the same to 
 your Lordships for the purpose of being laid before His Royal Highness. 
 
 I also take this opportunity of enclosing the copy of a letter which was sent 
 to the Governor and Committee by Mr. Bird, who took charge of the Company's 
 affairs in Hudson's Bay after the death of Mr. Semple. Wo understand the 
 original had been addressed to your Lordships, and sent by the Company's ship, 
 Frince of Wales, which was detained by ice during the winter 1816-1817; but 
 as it is possible that it may not have reached your Lordshij^s, I am induced to 
 transmit a copy of the duplicate as sent to us by Mr. Bird. 
 
 I have the honour to be. 
 
 With the greatest respect. 
 To the Right Honourable My Lord, 
 
 Earl Bathurst, &c., &c., &c. Your Lordship's most luimblc servant, 
 
 (Sd.) J. P. Pelly, 
 D.-Gr. 
 To His Royal Highness 
 George Prince of Wales, Regent of the 
 
 United Kingdom of Great Britain and Ireland, &c., &c. 
 We, His Majesty's most loyal and dutiful subjects, natives of Scotland, now 
 settlera at Red River, in the territories of Hudson's Bay Company, beg k^ivc 
 humbly to approach the Throne to lay at the feet of your Royal Highness a brief 
 account of the wrongs we have sustained, and to beseech a share of your 
 paternal protection. 
 
 Being obliged to leave the lands of our fathers in Scotland, we embraced 
 the proposal of settling under the patronage of the Earl of Selkirk and the 
 Hudson's Bay Company in a British Territory, rather tlian follow the steps of a 
 number of our countrymen who were emigrating to tlio United States. 
 
 On our arrival here we received allotments of hxnds, and soon found tliat in 
 point of beauty, fertility of soil, salubrity of climate, and facility of cultivation,
 
 190 THE Hudson's bay 
 
 the couutry far exceeded any description we had ever heard of it. "We met 
 friendly and hospitable reception from the native Indians. 
 
 We cultivated some ground, which yielded returns abundant beyond all we 
 had ever known ; and we began to cherish the hope that we had found in His 
 Majesty's Dominions a happy asylum for ourselves and our children after us, but 
 to our misfortune, a few individuals, who engross to the Fur Trade of Canada, 
 under the appellation of the North-West Company, considered our innocent 
 jn-ospects of happiness as incompliable with their views of interest, and deter- 
 mined to etfect the ruin of this Colony while in its infancy. 
 
 For this purpose they endeavovired to incite the Indians to attack us ; but in 
 this they did not succeed, the natives having sagacity enough to perceive that 
 our prosperity would be of permanent advantage to tliemselves. Not being 
 able to accomplish their object this way, the North-West Company next attempted 
 to deprive us of the means of subsistence. While our crops were yet scanty, our 
 subsistence chiefly depended on the herds of buflaloes, with which the neigh- 
 bouring plains abound. To deprive us of this supply, horsemen were employed to 
 chase away the animals from our hunters. By this device they distressed our 
 families considerably ; but as they did not succeed in driving us away, they had 
 recourse to more decisive measures for destroying our establishment. 
 
 In the spring of the year 1815 they collected a number of persons, mostly 
 natives of the country, the sons of Canadians by Indian women, many of whom 
 had previously been our friends, but who were unable to resist the threats, as 
 well as allurements, which were held out to induce them to become the instru- 
 ments of crime. These ignorant men had been accustomed to believe that the 
 commands of their masters would at least screen them from pimishment, or, 
 rather, would entirely absolve them from guilt. But the more effectually to 
 secure their obedience, the North-West Company, by a train of deception, led 
 their servants to believe that in all their measures against the Colony, they 
 were acting under the immediate authority of His Majesty's Government. 
 
 Their first object was to get possession of the arms and artillery which had 
 been provided for our defence, of which, by a combination of fraud and violence, 
 they found an opportunity of robbing us. After this, they made repeated 
 attacks upon the house of our Governor, in the course of which four persons 
 were severely wounded, and one of them mortally. The ostensible purpose of 
 these attacks was to arrest the Governor, upon a warrant issued against him by 
 a partner of the North-West Company ; and we were assured that on his sur- 
 render all hostilities would cease. Unable to repel the superior force of our 
 assailants, the Governor at length gave himself up, in hopes that by this sacri- 
 fice our peace might be secured. But when the North-West Company had thus 
 deprived us of our chief magistrate, as well as of all means of self-defence, they 
 renewed their attacks upon our place of refuge, threatening us with a general 
 massacre if we did not immediately quit the country. Compelled to abandon 
 the farms we had cultivated, we were indebted for the preservation of our lives 
 to the unsolicited interposition of the Indians. A band of the Saulteaux nation, 
 under their chief Kequit^, assisted and escorted us till we were out of danger, 
 while our fellow-subjects trod our crops underfoot, and reduced our cottages to 
 ashes, as well as other buildings which had been erected for the accommodation 
 of the settlement. 
 
 We then retired to the northern extremity of Lake Winnipie, a distance of 
 three hundred miles, where we received information that our enemies had dis- 
 persed ; and being joined by some additional settlers, we returned, and after
 
 company's land tenures. 191 
 
 a few months' absence reoccupied our farms. Our perseverance redoubled tlie 
 animosity previously expressed by the North- West Company. In the spring of 
 the year 1816 they collected a still greater force, from various and distant parts, 
 for the avowed purpose of expelling us from the country. In the month of 
 May a number of boats conveying j^rovisious for our use were intercepted and 
 pillaged by command of Alexander McDonell, one of the partners, who openly 
 declared that the North-West Company would not suffer a Colony to exist at 
 Red River, and that if the settlers dared to resist, the ground should be drenched 
 with their blood. The Indians in the vicinity, having heard of the approaching 
 danger, came and offered to fight for us, but our Governor, Robert Semple, 
 declined their services, being unwilling that under any circumstances the arms 
 of savages should be raised against his fellow-subjects. On the nineteenth of 
 June about seventy servants of the North-West Company on horseback, dis- 
 guised and painted like Indians going to war, suddenly invaded the settlement, 
 and carried off as prisoners such of us as had not time to escape. Anxious to 
 enable us to retreat to the Fort, our Governor came out on foot with about five 
 and twenty men, and proceeded to the settlers' lots. The servants of the North- 
 West Company perceived this small party, galloped up, and having surrounded 
 them, sent a messenger to summon them to lay down their arms. 
 
 This demand was soon followed by a general discharge of firearms; our 
 friends were overpowered by the superior numbers of their antagonists. The 
 Governor and others, who were at first only wounded, or having ceased firing, 
 and were calling for quarter, were brutally put to death and stripped of their 
 clothing, which the murderers put on their own persons while yet reeking with 
 the blood of their victims. 
 
 We shall not attempt to describe the situation in which we were left after 
 this catastrophe — without any adequate means of defence against the merciless 
 rufiians who had thus butchered our friends and relations — our lives were 
 spared only on condition of our quitting the country immediately, and delivering 
 up the property of the Earl of Selkirk and of the Hudson's Bay Company to the 
 clerk of the North-West Company, who commanded on the occasion, and who 
 declared that we owed our lives to his leniency alone, as he had received orders 
 to let none of us escape. Thus driven a second time from the fields we had cul- 
 tivated, we set out with our wives and children, unarmed and defenceless, and 
 proceeded with a very scanty portion of provisions to commence our voyage to 
 the shores of Hudson's Bay ; but we had only proceeded a few miles when we 
 met a number of canoes and boats filled with partners and servants of the North- 
 West Company, accompanied by several persons in military uniform, armed with 
 artillery and muskets, of whicli the Colonial store had been plundered the year 
 before, advancing to assist the attempt against the Colony, in case the force 
 already sent against it had proved insufiicient. They compelled us to wait 
 several days, until they had searched our baggage in quest of papers, breaking 
 open and rifling the trunks, even of our lamented Governor. They imprisoned 
 several of our number, some of whom they tore from their helpless families, with- 
 out as much as alleging any offence against them. At length, proposing that 
 we should take oaths never to return to Red River, they thus allowed us to pro- 
 ceed on our voyage, but almost destitute of provisions. 
 
 More than twelve partners of the North-West Company, who came on this 
 occasion to the scene of these atrocities, expressed their approbation, and 
 bestowed presents on those who had been engaged in them. They appropriated 
 the Colonial store to their own use, caused the breeding cattle and Merino sheep,
 
 192 THE HUDSON'S BAY 
 
 which had bceu brought from England witli great care and expense, to be killed 
 and served up at their table, turned their horses, as well as those which they 
 had taken from us, to graze in our cornfields, and burned a schooner which had 
 been built for the use of the settlement. 
 
 They went in company with the men who had achieved the deeds of blood 
 to visit the ground where our friends and relatives had been slaughtered, and 
 where some of their bodies were yet lying half-devoured by dogs. Even this, 
 which had drawn tears from those wo call savages, excited no compassion in the 
 partners of the North-West Company, but was viewed by them with exultation 
 and even with laughter. 
 
 Guided by the hand of Providence, we once more reached our retreat at the 
 north end of Lake Winnipic, where our only hope of subsistence through a 
 tedious and severe winter rested on the daily supply of fish we might obtain 
 from our nets. To the astonishment of every person of experience in the country, 
 though we had no previous skill in the business of fishing, famine was not 
 added to the list of our calamities. Our support was indeed precarious, and our 
 days of mourning were passed in painful anxiety as to what course we should 
 pursue, till, on the approach of spring, we heard that the Earl of Selkirk was 
 on his way back to Ked River, and we determined to direct our steps once more 
 to the ruins of our former habitations. 
 
 Those of us who arrived first had to collect and consign to a grave the bones 
 of our relatives and friends to which our fellow-subjects had denied the charity 
 of earth. 
 
 We are now again labouring to re-establish our dwellings and to till our 
 fields, and if we may be permitted to cultivate them in peace, we entertain no 
 doubt of finding here a happy abode for ourselves and our descendants. 
 
 In a country possessed of so many advantages our numbers would soon 
 multiply, and we might cherish the hope of becoming, in the hands of Divine 
 providence, the humble instruments of introducing the benefits of civilization, 
 with the light of our holy religion, into regions where they have been hitherto 
 unknown. But unless the protection of His Majesty's Government be extended 
 to us, we may be again exposed to the machinations of the same men whose 
 hands are so deeply imbued in the blood of their fellow-subjects, and under the 
 iron dominion of a lawless association, oppressive alike to the native Indians 
 and to all other inhabitants, this fine country may be doomed to lie waste, a 
 scene of crimes disgraceful to the British name. 
 
 Under these circumstances, we most humbly solicit that the effectual protec- 
 tion of His Majesty's Troops may no longer be withheld from this part of His 
 Dominions, and that some establishment may be speedily formed in it for the 
 administration of civil and criminal justice. 
 
 And your Petitioners as in duty bound will ever pray. 
 
 Donald Livingston. 
 George McBeath. 
 Angus Mathcson. 
 Alex. Sutherland. 
 George Eoss. 
 Alex. Murray. 
 James Murray. 
 John Farquharson. 
 John McLean. 
 
 Alex. McLean. 
 George Adams. 
 Martin Jordan. 
 Robert MacKay. 
 William MacKay. 
 Alex. Matheson. 
 John McBeath. 
 John Sutherland. 
 Alex. McBeath.
 
 COMPANY S LAND TENURES. 
 
 193 
 
 Jobu Banuermaii. 
 George MacKay. 
 Alexander Poison. 
 Hugh Poison. 
 Robert McBeath. 
 James Sutherland. 
 James Sutherland. 
 William BannermuTi. 
 Donald MacKay. 
 John P^lett. 
 John Bruce. 
 Robert MacKay. 
 William Bannermau, jun. 
 Roderick MacKay. 
 
 Christia Gunii (widow). 
 Alex. McKay. 
 William Sutherland. 
 Alex. Sutlierland, sen. 
 Ebenezer Sutherland . 
 Donald Bauuernian. 
 Hugh McLean. 
 George Banuerman. 
 Donald Sutherland. 
 Beth Beathon. 
 John Matheson. 
 George Sutherland. 
 Margaret McLean (widow).
 
 194 THE HUDSOJ^'S BAY 
 
 APPENDIX G. 
 
 Page 29. — List of Swiss Settlers who aurived at Red River in 1821. 
 
 (TaJcen/rom Transaction, Noi'id of the Ilistorical and Scientific Society of Manitoba.) 
 
 [TransZahon.] 
 
 THE SWISS CONFEDERATION, 
 
 Under the direction of the central police of the town and republic of Berne, 
 invites all the authorities charged with the maintenance of order for the good of 
 the public, to give liberty of passage to the persons named in the following 
 pages, all residents of Switzerland, to depart for the Red river, iu Northern 
 America, passing via Rotterdam, where they will embark under the direction of 
 Captain Rudolphe May of that city, with a recommendation to give them aid 
 and assistance in case of need, which favour will be reciprocated. 
 This sheet has been delivered for the term of this voyage. 
 Made at Berne the 3rd May, 1821. 
 
 The Director, in his absence, 
 BI. Steigeb, Adjutant; 
 
 The Chief Secretary, 
 
 M. RosEUi. 
 
 [Then follow the seals and signatures of public officials — "Miuistre de 
 Raviere," "Legation des Pays Bas Ic Blaintcendra," "Canton Basel," "'Stadt 
 Coblenz."] 
 
 Alphonse Humbert Droz, number of family ... ... 4 
 
 Abram Perrct „ „ ... ... G 
 
 Jean Pierre Creutlet „ „ ... ... 7 
 
 Frederic Louis Stram ,, „ ... ... 7 
 
 Veuve Susanne Aberli „ „ ... ... 7 
 
 Sigismoud Flotron ,, „ ... ... 8 
 
 Chretien Rychener „ „ ... ... 4 
 
 Abram Louis Marchaud „ „ ... ... 7 
 
 Joseph Mundwyler „ „ ... ... 1 
 
 Benoit Schaub „ „ ... ... 1 
 
 David Houriet „ ,, ... ... 2 
 
 Veuve Lydie Fournier „ „ ... ... 5 
 
 Veuve Philipine Droz ,, „ ... ... 3 
 
 Chretien Rothcnbuhler „ „ ... ... 2 
 
 Philippe Schirmer ,, „ ... ... 1 
 
 Samuel Scheidegger „ „ ... ... 7
 
 company's land tenures. 
 
 195 
 
 Jeau Louis GiuaiiJ, 
 
 Kodolphe Wyss „ 
 
 Jean Jaques Siiuou „ 
 
 Cbretieu Aebersold „ 
 
 Louis Jaques Ostertag „ 
 
 Pierre Rindisbacher „ 
 Louis Eugel de Douauue „ 
 
 Jonas Pierre Guinand „ 
 
 Theodore Duboir „ 
 
 Jeau Dauiel Tissot „ 
 
 Philippe Schirmer ,, 
 Jean Nicolas Lougchamp „ 
 
 Benjamin Ligier „ 
 
 Aaron Dubach „ 
 
 David Hoeruer „ 
 
 Victor Robert „ 
 
 Frederic Dianion „ 
 
 Alfred Quinche „ 
 
 Frederic Cuche „ 
 
 Julien Sunier ,, 
 
 IMargerite Grimm „ 
 
 Jean Duwmuu ,, 
 
 Frederic Henri Diaioii „ 
 
 Jean Heber ,, 
 
 Salome Kuechtly „ 
 
 Oateriue Bunzly „ 
 
 David dcs Combes „ 
 
 David Monier „ 
 
 Louis Chatelain „ 
 
 Charles Juuot „ 
 
 Nicolas Hoffmann „ 
 
 Jacque Langer „ 
 
 Louis Meroz ,, 
 
 Edouard Haiue „ 
 
 Auguste Guelberth „ 
 
 Charle Gobur „ 
 
 Jean Kocher „ 
 
 Edouard Piaget „ 
 
 Jacque Lamblet „ 
 
 Jean Weiss „ 
 Mrac. Jonas Pierre dc Guinaud 
 
 number of family 
 
 Total 
 
 i 
 1 
 3 
 4 
 1 
 7 
 1 
 1 
 1 
 1 
 1 
 1 
 3 
 5 
 7 
 1 
 1 
 1 
 1 
 1 
 1 
 1 
 1 
 4 
 2 
 1 
 5 
 11 
 
 1G5
 
 196 THE Hudson's bay 
 
 APPENDIX H. 
 Page 29.—" Terms " between Lord Selkirk and the Swiss Settlers. 
 
 Terms on which the Earl of Selkirk will dispose of portions of the lands 
 described in the annexed papers to persons who may be willing to settle upon 
 the said land with their families, and who may be willing to subscribe to the 
 annexed conditions (a) of settlement. 
 
 1. To persons possessed of some property, and willing to purchase land free 
 from all rent or annual payment, he will dispose of lots containing not less than 
 100 acres, and not exceeding 500 acres, for each family at 9s. per acre, for which 
 price Is. 3d. to be paid down previous to being put in possession of the lands, 
 and the remainder in three equal annual instalments with 5 per cent, interest 
 on the portions remaining unpaid from the time possession is given of the 
 lands until the same be paid. If the whole price is paid to the Earl of Selkirk 
 or his attorney, Andrew Colville, Esq., previous to embarkation, a deduction of 
 20 per cent, on the aforesaid price of 9s. per acre will be made to such persons. 
 Lord Selkirk will provide, at moderate price, and at reasonable credit if required, 
 provisions, tools, and agricultural implements, and other things necessary to 
 enable the settlers to establish their families on their lands. 
 
 2. To persons who may prefer paying an annual rent for their lands, he will 
 dispose of lots of land containing 100 acres for each family on a lease for ever 
 at the following rent : — 
 
 For the first year commencing from the time at which possession may be 
 given, no rent will be cliarged. 
 
 For the second year 20 bushels of wheat. 
 
 For the third year 30 bushels of wheat. 
 
 For tbe fourth year 40 bushels of wheat. 
 
 For the fifth and all future years 50 bushels of wheat, payable in kind. 
 
 If the possessor of the lot should wish to relieve himself from the said 
 annual rent, he shall have the privilege of doing so at any time he pleases upon 
 paying 500 bushels of wheat in one payment. To these last-mentioned persons 
 Lord Selkirk will furnish, at his own expense, during the first nine months after 
 their arrival at Red River, such assistance in provisions, as with their own 
 industry and exertions, as they shall be directed by the agent of the Earl of 
 Selkirk, may be necessary to maintain them, they always observing and obeying 
 such rules and directions as shall be given by such agent in that behalf. To 
 Buch last-mentioned persons. Lord Selkirk will provide potatoes and grain, to 
 be repaid in kind out of the first crop. He will also provide at moderate 
 
 (a) These " annexed conditions " cannot be found.
 
 COMPANY S LAND TENURES. 197 
 
 l)ricc8, tools aud agricultural implemeuts, and other things necessary for the 
 establishment of the families on their lands, to bo repaid with interest at the 
 rate of 5 per cent, per annum at the end of three years. A Catholic Mission 
 from the Catholic Bishopric of Quebec is already established at the Red River 
 Settlement, and a clergyman of the Church of England proceeds to the settle- 
 ment next spring. If a few Protestant Swiss families should purchase lands on 
 the above terms, Lord Selkirk will convey a lot of 300 acres for the use of a 
 clergyman, and a lot of 100 acres for the use of a schoolmaster free of all rent or 
 price ; but on the condition that whenever these persons shall die, or cease to 
 perform their several duties, the lots of land must be surrendered to their 
 respective successors ; and for every district of 10,000 acres which may be settled, 
 Lord Selkirk will make similar allotments of lands for the use of a clergyman 
 and a schoolmaster. 
 
 To persons who may be willing to purchase lands on either of the above 
 terms, and who shall pay for each person of 16 years of age and upwards £20 
 sterling for each child of 10, and not exceeding 16 years of age, £13 6s. 8d. 
 sterling, and for each child of 2, and not exceeding 10 years of age £10 sterling. 
 Lord Selkirk will provide proper conveyance and provisions from Switzerland 
 to Rotterdam, and ample ship-room in a good and sufficient vessel with good 
 wholesome provisions for the voyage from Rotterdam to Hudson's Bay, and also 
 proper boats and provisions for the conveyance by the rivers and lakes, from 
 York Fort, or Fort Nelson in Hudson's Bay, to the settlement on the banks of 
 the Red River. The aforesaid passage money to be paid as follows, viz. one- 
 fifth part to be paid to the agent appointed to conduct the settlers from Switzer- 
 land to Rotterdam, aud the remaining four-fifths to be consigned in the hands 
 of a respectable banker at Rotterdam (to bo hereafter agreed upon and named), 
 payable to the order of the said Earl of Selkirk, or his attorney, Andrew 
 Colvilo, Esq., upon the embarkation of the settlers at Rotterdam. 
 
 Observations by Mr. Gate. 
 
 On the first. It would appear to me that from three-fourths of a dollar to 
 one dollar and a quarter per acre would be quite a sufficient price for purchasers 
 in the early periods of the settlement. The medium price will thus be one 
 dollar. 
 
 On the second. It would appear to me that for those who should prefer 
 paying rent annually to purchasing lands, the following terms would be 
 sufficiently high, viz. : — 
 
 The first year free of rent. 
 
 The second year 5 bushels of wheat per 100 acres. 
 
 The third year 10 bushels of wheat per 100 acres. 
 
 The fourth and all remaining years 15 bushels of wheat per 100 acres.
 
 198 THE Hudson's bay 
 
 APPENDIX I. 
 
 Page 59. — Will of the Earl of Selkirk. 
 
 The will of Lord Selkirk is comprised in two documeuts ; the first a " testa- 
 mentary trust disposition," executed, according to the law of Scotland, at 
 Edinburgh, on August 20, 1806; and the second, a "supplementary trust 
 dispcsition and settlement," executed at London, on August 7, 1819; and both 
 proved in the Prerogative Court of the Archbishop of Canterbury, on June 6, 
 1820, when his effects were sworn " under £35,000." When the first instrument 
 was executed, he had not acquired Assiniboia from the Company, so it related 
 only to his lands in Lanarkshire, and " those lauds in the Island of St. John's, 
 alias Prince Edward's, known by the name " of lots or townships numbers ten, 
 thirty-one, thirty-two, fifty-seven, fifty-eight, sixty, sixty-two, one-half of twelve, 
 one-third of fifty-three, and one-third of fifty-nine, '' together with all those 
 lands located in my name and granted to me in the Province of Upper Canada, 
 as also a tract of land in the State of New York, acquired by Henrietta Maria 
 Colden from William Constable, Esqre, of the City of New York, and by me from 
 the said Henrietta Maria Colden, consisting of five thousand acres or thereby 
 lying on the banks of Lake Ontario, at the mouth of Great Salmon River, as 
 more particularly described in the title-deeds to the same," etc. The trustees 
 were Sir James Hall, Bart., of Dunglass, Sir James Montgomery, Bart., of 
 Stanhope, Captain Peter Halkett, of the Eoyal Navy, Adam Maitland, Esquire, 
 of Dundrennan, and Dugal Stewart Esqre, Professor of Moral Philosophy in the 
 University of Edinburgh, who were empowered after the testator's death to 
 immediately enter into possession of the said lands, " to remove tenants there- 
 from, and to let tracks thereof for any period not exceeding fifteen years," after 
 which elaborate provision was made for sale. By the last clause, the trustees 
 were directed to be bound by the instructions which should be contained " in a 
 separate paper or deed under my own hand, to be written at any time of my life, 
 and which shall specially refer to the present trust deed," which was to stand in 
 so far as not so revoked or altered. 
 
 Thirteen years afterwards the second " disposition " was executed, reciting 
 that the first, having been executed according to the law of Scotland, was 
 insuflicient to convey to the trustees the lands in Prince Edward's Island, in 
 Upper Canada, in the United States, or " a certain tract of land called ' Ossinio- 
 boia ' since acquired by me from the Governor and Company of Adventurers of 
 England trading into Hudson's Bay ; " and, in order to remedy that defect, 
 appointing John Halkett, of Seymour Place, Curzon Street, in the Parish of St. 
 George's, Hanover Square, Esquire, Andrew Colvile, of Ochiltree and of Crommie, 
 in the county of Fife, and of Leadenhall Street, in the City of London, Esquire,
 
 company's laxd tenures. 199 
 
 Peter Wcdderburn, of Islabank, in the County of Forfar, Esuuire, and James 
 Wedderburn, Esquire, His Majesty's Solicitor-General for Scotland, to be trustees 
 along with those already appointed. On July 1, 1820, Sir James Hall, Admiral, 
 formerly Captain, Peter Halkett, Dugald Stewart, and Peter Wedderburn 
 renounced and disclaimed this trust in favour of the surviving trustees. Power 
 was given to the trustees to sell the estate in North America, and also such part 
 or parts of the Scotch estate as could be sold with least disadvantage to the 
 remaining part, "such sales to be made as to any part of such estates not 
 situated in Scotland by public sale or private bargain, as my said trustees shall 
 think proper, and as to any part of such estates situate in Scotland, by public 
 auction," after due publication in specified newspapers. The new trustees were 
 clothed with the same powers as though they had been originally appointed, 
 and it was declared that the first disposition " and these presents shall be read 
 together, and that these presents shall receive effect in the same manner as if 
 all that is herein contained had made part of the said trust disposition." 
 All these documents are duly recorded in the Colony Register A.
 
 200 THE HUDSON'S BAY 
 
 APPENDIX J. 
 
 Pago 62. — GroVERNOR Bulger's Answers to the Bishop op St. Boniface's 
 Questions in regard to Lands at Red River. 
 
 Fort Douglas, September 10, 1822. 
 
 Sir, 
 
 I have the honour to transmit to you a reply to the several quostious 
 ■wliich, in the name of Monscigneur the Bishop, you were pleased to submit, for 
 my consideration, in j^our letter of the 5th instant. 
 
 First Question. 
 Upon what condition is laud actually granted ? Is there anything fixed on 
 the subject for the future ? Is the rent redeemable for a certain price ? Aro 
 there any "droits " to be payed upon the land clianging proprietors? 
 
 Ansiver. 
 
 There is one condition annexed to all grants of land in Assiniboia, which is 
 that the grantee shall settle upon the land and cultivate a certain portion of it. 
 
 A large proportion of the present settlers are to revive their allotment grants. 
 Many of the Canadians are bound, by their engagements, to pay an annual rent 
 of five bushels of wheat per hundred acres, and this rent can neither be raised 
 nor lowered. Their engagements contained a stipulation that they might, at 
 any time purchase their land (that is, the hundred acres) by paying two hundred 
 dollars. A new regulation with respect to the price of land has, however, been 
 established, the benefit of which may be extended to them if they should be 
 disposed and have the means to purchase : the price now fixed is five shillings 
 sterling per acre. The rent to be paid by all new settlers, including the Swiss, 
 is as follows : — 
 
 The first and second year no rent will be demanded. 
 
 The third year the rent will be 10 bushels of wheat per 100 acres. 
 
 The fourth year, 15 bushels of wheat per 100 acres. 
 
 The fifth year, 20 
 
 The sixth year, 20 „ „ 
 
 The seventh year, 20 „ „ 
 
 The eighth year, 20 
 
 The ninth year, 20 ,, „ 
 
 The tenth year, 20 „ „ 
 
 At the expiration of the tenth year from tlie first occupation of the land, the 
 rent will be subject to new regulation.
 
 company's land tenures. 201 
 
 When a settler shall have paid for his land, and fulfilled the conditions of 
 settlement upon which it was granted to him, he will be at liberty, if not 
 indebted to the Earl of Selkirk's estate, to sell or dispose of his laud, with its 
 improvements, to whom, and in what manner, he pleases ; and I am not aware of 
 any " droits" to be paid by him upon so disposing of his own property. 
 
 Second Question. 
 Would there be any objection to our conceding lands upon the River Seine, 
 at a fixed rent, not redeemable, with the rights of " lods et ventes," as the 
 Seigneurs concede in Canada ? 
 
 Angwer. 
 
 Lord Selkirk, when he made extensive grants of land in this country, never 
 intended that the receivers of such grants should look to him either for settlers 
 or funds for tho improvement of the same. And the executors expect that no 
 inducement will be offered, no encouragement given, to any of the settlers to 
 break the engagement which they entered into with his lordship or his accredited 
 agents. 
 
 Any person not under an engagement to take land from his lordship may 
 purchase, or rent, land from the Roman Catholic Mission. The right of exacting 
 " lods et ventes," such as is possessed, under the French or Feudal Laws, by the 
 Seigneurs in Lower Canada, is not recognized, and, I may say, will never be 
 permitted to be exercised, within the territory granted by the Hudson's Bay 
 Company to the Earl of Selkirk. 
 
 Third Question. 
 Are the de Mnrons obliged to take land solely from Lord Selkirk, or may 
 they take land where they please — for example, upon the land appertaining to 
 the Roman Catholic Mission ? 
 
 Anstcer. 
 
 The de Murons are amongst the number of those under engagement to Lord 
 Selkirk. 
 
 Fourth Question. 
 
 Is it certain that Mr. Halkett has directed the interest due to Lord Selkirk's 
 estate to be remitted, and a deduction of 20 per cent, to be made upon the 
 debts ? Will the interest be exacted upon debts contracted this and future 
 years ? 
 
 Ansiver. 
 
 The executors have remitted the interest charged to the settlers upon debts 
 due by them on the 31st of May, 1822, and they will, in this year's account, 
 receive credit for the same. A deduction of 20 per cent., or four shillings in 
 the pound, will likewise be made upon the payment of the principal sum of such 
 debts in this way : When a settler pays £5 of his debts, he will be credited in 
 the Colony accounts with £6. No interest will be charged upon tlic debts con- 
 tracted during this year ; but as the price of goods has Ijcen lowered since tho 
 1st of June last. Lord Selkirk's executors will be obliged, in justice to his 
 lordship's estate, to require tlio payment of interest upon all debts contracted after 
 the 31st of May, 1823. 
 
 Fifth Question. 
 If the freemen of Pembina establish themselves as inhabitants at tho Forks, 
 will they be treated like other settlers ?
 
 202 THE Hudson's bay 
 
 Answer. 
 Until I receive Mr. Halkett's determination with respect to Pembina, I can 
 give no answer to this question. 
 
 Sixth Question. 
 What is the fixed price wliicli the settlers will be allowed for different grains 
 in payment for their debts ? What is the fixed price for potatoes ? 
 
 Answer. 
 For whatever grain the settlers may give in payment of their debts to Lord 
 Selkirk's estate, they will receive credit in their accounts as follows : for wheat, 
 10s. ; barley, 7s. 6d. ; and peas, 7s. 6d., per bushel. In the tariff established by 
 Mr. Halkett, potatoes are not included, and I have no authority to establish any 
 fixed price for that article. 
 
 Seventh Question. 
 Can you take, in payment of our debts, the orders of different inhabitants 
 who are indebted to us, and cannot pay us in any other way than by cliaiging 
 them with the same in tlie Colony accoimts? 
 
 Answer. 
 As the custom of accepting orders drawn by persons indebted to Lord Selkirk 
 was found to be attended with very serious consequences to his lordship's estate, 
 the executors have prohibited the continuance of such a practice. The Roman 
 Catholic Mission, it is presumed, can recover debts due to it by the settlers, 
 especially by those under its influence, and witli far greater facility than we 
 could do, were we to assume such debts. 
 
 Eighth Question. 
 Is there any hope of seeing money put in circulation in the Colony this year? 
 
 Ansioer. 
 Having written on this subject to Mr. Halkett, I expect that, upon the 
 arrival of the boats from York Factory, notes (or bonds) of the Hudson's Bay 
 Company will become the circulating medium in the Colony. 
 
 Ninth Question. 
 Does it appear that in lieu of the six days' labour given by the settlers to the 
 clergy, there will be any objection to our exacting the tythe, such as it is fixed 
 in Canada, at the rate of one-twenty-sixth ? 
 
 Answer. 
 It is one of the established regulations expressed in the priuted deeds, to be 
 issued to all persons holding land in Assiniboia, that they shall give six days' 
 labour annually to the clergyman to whose communion they may belong ; and 
 the power of annulling, or even of altering, this regulation rests not with me. 
 Had this question been proposed in time, I would have submitted it to Mr. 
 Halkett, who possessed both the power and inclination to sanction any private 
 arrangement which might be agreed upon between the clergy and the settlers ; 
 but now, all that I can do is to recommend the subject, which I shall do l)y the 
 earliest opportunity, to the consideration of the executors in England. 
 
 I have the honour to be. 
 Sir, 
 
 Your obedient servant, 
 
 A. BrLGER. 
 
 The Reverend 
 Monsieur Destroismaison.
 
 COMPANY S LAND TENURES, 
 
 203 
 
 APPENDIX K. 
 
 Page 77. — List op Pensioners who appear to have been enrolled and to 
 
 HAVE PROCEEDED TO FORT GaRRY, IN THE HuDSON'S BaV TERRITORY, 
 
 FOB Service at that Station in the Years 1848 and 1850. 
 
 1st Draft. 
 
 Rank in Local 
 
 Regiment from which 
 
 Name. 
 
 Company. 
 
 Pensioned. 
 
 Private 
 
 51st Foot 
 
 Robert Shepheard (? Sheppeard) 
 
 ,^ 
 
 54th ,9 
 
 James Sheridan 
 
 ,^ 
 
 Cth Dragoons 
 
 John Smyth 
 
 ,^ 
 
 31st Foot 
 
 William Smith 
 
 J, 
 
 5916, R.M. 
 
 John Smith 
 
 ,j 
 
 6245, R.M. 
 
 William Spratt 
 
 99 
 
 98th Foot 
 
 William Stevens 
 
 
 29 th Foot 
 
 Charles Stodgall (?Stodgoll) 
 
 ^ 
 
 83rd Foot 
 
 Thomas Throne 
 
 Colour- Sergeant 
 
 3450, R.M. 
 
 James Rickards 
 
 Sergeant-Major 
 
 77th Foot 
 
 Michael Nowlan 
 
 Sergeant 
 
 69tii „ 
 
 William Martin 
 
 Corporal 
 
 5th Battery R.A. 
 
 Robert Bailey 
 
 „ 
 
 Rifle Brigade 
 
 James Doherty 
 
 ^, 
 
 83rd Foot [panies 
 
 Patrick Molloy (or Malley) 
 
 Private 
 
 Newfoundland Com- 
 
 George Anderson 
 
 
 99 99 
 
 James Ashford 
 
 
 1821, R.M. 
 
 George Antill 
 
 
 1st Foot Guards 
 
 William Brown 
 
 
 53rd Foot 
 
 AVilliam Chart 
 
 
 5th „ 
 
 Michael Connell 
 
 
 94th „ 
 
 Thomas Corrigiin 
 
 
 17th „ 
 
 Martin Dolan' 
 
 
 75th ,9 
 
 James Duflin 
 
 
 83rd ,9 
 
 John Eagan 
 
 99 
 
 84th „ 
 
 William Flynn 
 
 99 
 
 37tli „ 
 
 Joseph Gasden 
 
 
 5839, R.M. 
 
 John Hamilton 
 
 99 
 
 5672, R.M. 
 
 Thomas Helier (?IIillier or Ilellior) 
 
 
 89tli Foot 
 
 John Irvine 
 
 99 
 
 84th „ 
 
 Edward Kenny 
 
 
 5th „ 
 
 Patrick Lelis (or Lillis) 
 
 
 66th „ 
 
 James McCormiek 
 
 9) 
 
 10th Battery R.A. 
 
 Thomas Morrison
 
 204 
 
 THE HUDSON S BAY 
 
 1st Draft — continued. 
 
 Kank in Local 
 
 Regiment from which 
 
 NftTtlP. 
 
 Company. 
 
 Pensioned. 
 
 
 Private 
 
 5th Dragoon Guards 
 
 James Moyses 
 
 » 
 
 83rd Foot 
 
 Michael Murphy 
 
 » 
 
 17th „ 
 
 James Mulligan 
 
 M 
 
 12th „ 
 
 Owen O'Donnell 
 
 » 
 
 Gist „ 
 
 Tliomas Oakes 
 
 >» 
 
 12th Dragoons 
 
 Joshua Parks (or Parkes) 
 
 9» 
 
 3168, R.M. 
 
 Thomas Picksley 
 
 
 4th Battery, R.A. 
 
 Robert Ramsay 
 
 9» 
 
 3rd Foot Guards 
 
 George Rice 
 
 
 4Gth Foot 
 
 Joseph Rodway 
 
 » 
 
 3298, R.M. 
 
 James Roper 
 
 >• 
 
 3558, R.M. 
 
 James Rowley 
 
 J> 
 
 93rd Regiment 
 
 Robert Ross 
 
 »> 
 
 9l8t „ 
 
 James Sangster 
 
 » 
 
 4th Dragoons 
 
 John L. Sellwood 
 
 5» 
 
 5th Dragoon Guards 
 
 Edward Sharp (or Sliarpe) 
 
 »5 
 
 94tb Foot 
 
 William Sharp 
 
 » 
 
 Sappers 
 
 George Turner 
 
 » 
 
 9th Foot 
 
 George Walsh 
 
 t< 
 
 1st Battery R.A. 
 
 Alexander Watson 
 
 99 
 
 5tli Foot 
 
 George Wells 
 
 »> 
 
 84th „ 
 
 George Wild 
 
 Private 
 
 4th D 
 
 ragoons 
 
 Patrick Ryder 
 
 
 jj 
 
 3rd Foot 
 
 John Mullany 
 
 
 ?5 
 
 Gth 
 
 )) 
 
 Peter Clancy 
 
 
 J> 
 
 7th 
 
 ,, 
 
 Joseph Warrice 
 
 
 »> 
 
 9 th 
 
 „ 
 
 Pliilip Maguiro 
 
 
 jy 
 
 15th 
 
 ,, 
 
 Andrew Murphy 
 
 
 99 
 
 17th 
 
 ^^ 
 
 John Butts 
 
 
 »> 
 
 31st 
 
 , 
 
 Joseph Armstrong 
 
 
 >y 
 
 41st 
 
 ,j 
 
 John Green 
 
 
 99 
 
 43rd 
 
 J 
 
 John Kennall 
 
 
 99 
 
 47th 
 
 ^j 
 
 Bernard Dirnan 
 
 
 »9 
 
 55th 
 
 „ 
 
 John Galiagan 
 
 
 9) 
 
 78th 
 
 )9 
 
 William Allan 
 
 
 99 
 
 81st 
 
 )> 
 
 James Armstrong 
 
 
 99 
 
 86th 
 
 J) 
 
 Pierce Barron 
 
 
 99 
 
 87th 
 
 )5 
 
 Andrew Connell 
 
 
 9) 
 
 315,] 
 
 E.I.C. 
 
 John Barry 
 
 
 99 
 
 338 
 
 59 
 
 Patrick Collins 
 
 
 99 
 
 161 
 
 99 
 
 James Finn 
 
 
 9> 
 
 414 
 
 
 Thomas McDonald 

 
 COMPANY S LAND TENURES. 205 
 
 APPENDIX L. 
 
 Page 78. — [The following is a copy of tlie conditions contaiuetl in the pamphlet 
 which accompanied War Office Circular Letter of April 5, 1848, nsoifi.] 
 
 Conditions on which it is proposed to enrol Pensioners for Service at 
 Fort Garry, in the Territory of the Hudson's Bay Company, North 
 America. 
 
 The force intended for this service will, at present, consist of only one Company, 
 of sixty privates, with the usual proportion of non-commissioned officers, and a 
 drummer and fifer. 
 
 The candidates must be men of good character and industrious habits, whoso 
 age does not exceed forty-five years. Their minimum height is not to be less 
 than five feet six inches, and they must be of a robust frame, and medically 
 approved oF, as fit for the occasional military duties required. Ten privates of 
 the Company will be pensioners from the Royal Artillery, ten from the Cavalry, 
 and the remainder will be pensioners from the Infantry. 
 
 If the other qualifications of the candidates are satisfactory, no objections will 
 be made to their enrolment on the ground of their being married men, or liaving 
 families (provided the number of their children does not exceed three), but a 
 preference will be given to those who have smaller families. 
 
 The candidates approved of will be enrolled to serve for seven years, on the 
 following terms : — 
 
 They will receive pay, at the rate of Is. 3d. per day for a Private, Is. 61. for 
 a Corporal, and Is. lOd. for a Sergeant, in addition to pension, from the period 
 they are called on to leave their homes till embarked, with conveyance at the 
 public expense for themselves and their families to the port of embarkation. 
 
 They will receive a free passage to Fort Garry, for themselves, their wives, 
 and their families, with rations for the whole, in the proportions usually issued 
 on Bhii>board, and for which no deduction will be made from their pensions. 
 
 They may receive an advance of two months' pension on embarkation, with 
 a further advance of one month's pension for each child, to be applied under 
 the direction of the Officer placed over them, in purchasing the necessary outlit 
 for the voyage. 
 
 On arriving at Fort Garry, each pensioner will be provided with quarters for 
 liimself and family, either in the Fort, or the immediate vicinity thereof. They 
 may, with the consent of their Officer, provide quarters for Ihemselves, if tliey 
 prefer it, but they must not go beyond two miles from the Fort for this i)urpose. 
 
 Each pensioner will also be entitled to a temporary grant of land, not exceed- 
 ing twenty acres to a Private, thirty to a Corporal, and forty to a Sergeant; the 
 ground to be of a description fit for cultivation, and within two miles of the
 
 206 THE HUDSON S BAY 
 
 Fort. On commencing the occupancy thereof, they will receive such an advance 
 of money as may be found necessary for providing articles of furniture, cooking 
 utensils, stock, etc., under the direction of their Officer. 
 
 All advances made from pension are to be repaid by the application of the 
 whole pension while on ship-board, and one-third after lauding, until the debt 
 is cleared off. 
 
 From his embarkation on ship-board, till he arrive at Fort Garry, no pensioner 
 thus enrolled will be entitled to pay ; but thereafter, till the 1st day of August, 
 1849, he will, if a Private, receive from the Hudson's Bay Company an allowance 
 of 7s. per week in addition to pension, and Ss. Gd. per week for the following 
 year ; in return for which, he will be liable to be employed, witliout further 
 remuneration, during three days of each week in the first period, and during six 
 days in each mouth during the second period, eitlier on public works or in drill- 
 ing militia, or such military or other duty as the Governor of the Settlement 
 may direct. Corporals to receive Is. per week, and Sergeants 2s. per week extra 
 during the first period, and half those amounts during the second, on the same 
 conditions. 
 
 Any pensioner, however, who prefers private employment may, with the 
 consent of his officer, be relieved from this obligation, provided he gives a fort- 
 night's notice, and abandons his claim to the rates of pay before specified ; but 
 such employment must not remove him to a greater distance than two miles 
 from head-quarters, and he is always to be liable to recall, if the defence of the 
 station is found to require it. 
 
 In consideration of the expense incurred in sending out these pensioners and 
 tlieir families, and providing them with a residence and land, they will also be 
 bound to attend military exercise, without pay, for twelve days in each year ; 
 and on every Sunday for muster, under arms, at church parade. 
 
 If called on to serve during any other periods than those above referred to, 
 in defence of the settlement, they shall be entitled to the regirlated rates of pay 
 for the same ranks in Her Majesty's army, in addition to pension ; sucli pay to 
 be defrayed by the Hudson's Bay Company in the first instance, and afterwards 
 repaid by the British Treasury. 
 
 In the event of any pensioner thus enrolled not attending when called out 
 for these duties, he will be liable to the penalties of desertion, in addition to 
 forfeiture of pension. 
 
 On the termination of the seven years' service for which the enrolment is 
 made, the land occupied by the pensioner will become his absolute property, 
 provided he has fulfilled the conditions of his agreement ; and he shall, there- 
 after, be subject to no further military duty than may be exacted from any other 
 resident in defence of the settlement. 
 
 The Hudson's Bay Company are, however, to have the option, within one year 
 of the termination of the service, of resuming possession of the land, on paying 
 the pensioner the ascertained value thereof at the time, including the buildings 
 and crop on the ground ; or if the pensioner prefer it, he may receive a fresh 
 grant, at a greater distance from the Fort, of treble the extent. 
 
 In the event of death before the termination of the seven years, the grant of 
 land will devolve on the pensioner who may fill the vacancy ; but should any 
 improvements have been made thereon, the same shall be valued by his Ofiicer 
 and paid to his family out of a stoppage to be made from the pensioner succeed- 
 ing thereto ; and till the arrival of such pensioner, the family of the deceased 
 shall be permitted to occupy the ground,
 
 company's land tenures. 207 
 
 Each pensioner shall receive similar arms and equipments to those which 
 have been issucil to the enrolled pensioners in this country, as also a great coat, 
 coatee, pair of trousers, and cap, to be worn on those occasions when he is out 
 on duty, and which will be renewed once in every third or fourth year, as may 
 be required. 
 
 Each pensioner on being enrolled shall receive tlic sum of £1, to be applied 
 under the direction of his Officer in providing him with the following articles. 
 
 One fatigue jacket. 
 One pair of boots, 
 Two shirts. 
 Two pairs of socks, 
 One stock ; 
 
 and which store of necessaries he shall be bound to keep up in future years 
 without any further issue of enrolment-money ; as also a sufficiency of warm 
 clothing suitable for the winter of that climate. 
 
 In the event of the death or removal from the force of any pensioner thus 
 enrolled before the expiration of the period for which his clothing has been 
 issued, it shall revert to the public, to be made available for the equipment of 
 his successor. 
 
 Medical aid will be provided at the expense of the Hudson's Bay Company 
 for the pensioners, and their wives and families. 
 
 In the case of death, an allowance of £1 Is. will be made by the British 
 Government, to cover the expense of funeral, etc., of tlie pensioner. 
 
 As the service exacted in virtue of this enrolment will be of rare occurrence, 
 and will only continue for a few days at a time, it is not to reckon for increa.sc 
 of pension ; but when employed in the defence of the settlement, these pensioners 
 shall, in the event of being wounded or disabled in the execution of their duty, 
 be allowed the usual increase of pension as for wounds received in action. 
 
 Every pensioner enrolled in this force will, during the continuance of the 
 seven years for which he is engaged, be subjected to the provisions of the Mutiny 
 Act and Articles of War ; but all minor offences may be punished by such hues, 
 or by expulsion from the force, as the Governor of the Settlement for the time 
 being may direct, in which case the offender will be deprived of his residence 
 and allotment. 
 
 The annual periods of exercise will be fixed by the Governor of the Settle- 
 ment for the time being ; and, except on that occasion and the others before 
 referred to, none of the pensioners shall be called out either for exercise or 
 defence, except by him or persons holding his authority for that purpose ; but 
 when so called out, they shall be placed under tlie General or other superior 
 Officer in command of Her Majesty's forces in the Settlement, in tlic same manner 
 in all respects as if they formed a part of the regular forces of Her Majesty's) army. 
 
 War Office, 
 April 3, 1848.
 
 208 
 
 THE Hudson's bay 
 
 APPENDIX M. 
 
 Page 81.— Scheme showing Sub-division of Lot No. 1211 (Point-a-Peltier) 
 
 AMONGST FOKT GaRKY ENROLLED PENSIONERS, 9tH NOVEMBER, 1852. 
 
 Orig. No. 
 
 No. of 
 
 No. of 
 
 Name of Occupant or 
 
 T^OTiiirlcfl 
 
 of Lots. 
 
 Chains. 
 
 Acres. 
 
 Proprietor. 
 
 L\iK. LLLtXl tVO* 
 
 1 
 
 n 
 
 2 
 
 H. B. Co. 
 
 
 2 
 
 n 
 
 2 
 
 John Eagaii 
 
 
 3 
 
 u 
 
 3 
 
 H. B. Co. 
 
 
 4 
 
 n 
 
 5 
 
 John Hamiltou 
 
 
 5 
 
 n 
 
 5 
 
 Joseph Gasdeu 
 
 
 6 
 
 n 
 
 5 
 
 James Duffiu 
 
 
 7 
 
 H 
 
 5 
 
 H. B. Co. 
 
 
 8 
 
 H 
 
 10 
 
 „ „ 
 
 
 9 
 
 n 
 
 10 
 
 M 5> 
 
 
 10 
 
 H 
 
 10 
 
 William Allan 
 
 
 11 
 
 ^ 
 
 10 
 
 H. B. Co. 
 
 
 12 
 
 2 
 
 16 
 
 William Flynn 
 
 
 13 
 
 2 
 
 16 
 
 James McCormick 
 
 Note. — Under this heading 
 
 15 
 
 2 
 
 16 
 
 Rohert Shepherd 
 
 will be found particulars 
 
 16 
 
 2 
 
 16 
 
 H. B. Co. 
 
 concerning the lots in re- 
 
 17 
 
 2 
 
 16 
 
 Peter Clancy 
 
 gard to the transfer, merger, 
 
 19 
 
 2 
 
 16 
 
 Andrew Councl 
 
 and other dealings, as well 
 
 20 
 
 H 
 
 12 
 
 John Green 
 
 as further information 
 
 21 
 
 U 
 
 10 
 
 William Sharpe 
 
 which should be consulted 
 
 22 
 
 u 
 
 12 
 
 John Kennal 
 
 by those particularly in- 
 
 23 
 
 H 
 
 13 
 
 Patrick Ryder 
 
 terested. 
 
 24 
 
 h 
 
 13 
 
 H. B. Co. ■ 
 
 
 25 
 
 h 
 
 13 
 
 5) >» 
 
 
 26 
 
 U 
 
 13 
 
 Bernard Dirnan 
 
 
 27 
 
 H 
 
 13 
 
 Philip Maguire 
 
 
 28 
 
 n 
 
 123 
 
 Michael Conuel 
 
 
 29 
 30 
 
 u 
 § 
 
 jl7 
 
 Tliomas Corrigan 
 
 
 
 1 
 
 9 
 
 H. B. Co. 
 
 
 31 
 
 n 
 
 13 
 
 ^ 
 
 
 32 
 
 n 
 
 13 
 
 I » 
 
 
 33 
 
 n 
 
 13 
 
 
 
 34 
 
 n 
 
 13 
 
 
 
 35 
 
 H 
 
 12 
 
 Martin Doolan 
 
 
 36 
 
 1 
 
 12 
 
 Andrew Murphy 
 
 
 37 
 
 1 
 
 12 
 
 John Smith 
 
 
 38 
 
 1 
 
 12 
 
 James Roper 

 
 COMPANY S LAND TENURES. 
 
 209 
 
 Orig. No. 
 
 No. of 
 
 No. of 
 
 Name of Occupant or 
 
 
 of Lots. 
 
 Chains. 
 
 Acres. 
 
 Proprietor. 
 
 Remarlis. 
 
 39 
 
 H 
 
 14 
 
 George Wild 
 
 
 40 
 
 H 
 
 14 
 
 J. Moyses 
 
 
 41 
 
 H 
 
 14 
 
 George Rice 
 
 
 42 
 
 2 
 
 17 
 
 Robert Ramsay 
 
 Note. — Under this heading 
 
 43 
 
 2 
 
 17 
 
 John Smitl), 2ml 
 
 will be found particulars 
 
 45 
 
 2 
 
 18 
 
 Thomas McDonald 
 
 concerning the lots in re- 
 
 46 
 
 I3 
 
 14 
 
 Joseph Warrice 
 
 gard to the transfer, merger, 
 
 47 
 48 
 
 
 
 
 and other dealings, as well 
 
 28 
 
 Thomas Picksley 
 
 as further information 
 
 49 
 50 
 
 
 
 which should be consulted 
 
 28 
 
 Edward Sharpe 
 
 by those particularly in- 
 
 51 
 
 2 
 
 20 
 
 Major Caldwell 
 
 terested. 
 
 58 
 
 2 
 
 20 
 
 John Barry 
 
 
 54 
 
 2 
 
 20 
 
 Major Caldwell 
 
 
 [Note. — Copied from two sheets in the Dominion Land Commissioner's Office 
 at Winnipeg, September 19, 1893.— A.M.]
 
 210 THE HUDSON'S BAY 
 
 APPENDIX N. 
 
 Page 86. — Report of the Case of Templeton v. Stewabt, tpvIed in the 
 Queen's Bench at Winnipeg, in 1892 ; taken from 3 " Western Law 
 Times Repokts," pp. 189-194. 
 
 TEMPLETON v. STEWART. 
 
 November U, 1892.] [Bain, J, 
 
 Crown patent — Setting aside after investigation by crown — Attorney-General not 
 a party where grant is from H. B. Co. prior to transfer to Canada — Appli- 
 cahility of common law as to married women to ItuperCs Land — Law as to 
 sale hy married women in 1670 — Statute of Limitations — Title by possession. 
 
 Bill filed to set aside Crown patent to the north 3J chains of the inner, and 
 the north 3 chains of the outer 2 miles of lot 19 of the Dominion Government 
 survey of tho Parish of Kildonan, granted by the Dominion Cirovernment to 
 the defendant, Robina Stewart. Tiie defendant R. D. Templeton was joined as 
 the husband of the deceased mother of the plaintiffs. The river lot 19 corre- 
 sponds with lot 203 of the Hudson Bay Company's survey. In the H. B. Co.'s 
 land register Robert McKay, one of Lord Selkirk's settlers, appeared as having 
 entered for it and the lot was entered under the column in that register headed 
 " Acres granted by Lord Selkirk," but there was no other documentary evidence 
 of his title. McKay lived on that lot from 1835 to 1853, when he died in 
 possession of it. To the defendant, Robina Stewart, he devised the north 3^ 
 chains of the lot. Plaintiffs, the heirs of defendant Stewart's sister who died 
 intestate in 1882, claimed that Stewart, a married woman, had in 1863 sold the 
 land to their mother, then also a married woman, and she, or they, had ever 
 since occupied it and were in occupation. In 1887, the defendant Stewart 
 applied for a patent to the said inner and outer two miles, and after a full 
 investigation and examination of witnesses under oath before the Domiuion 
 Lands Commissioner in Winnipeg, and in spite of the evidence adduced before 
 him by the plaintiffs, and with a full knowledge of the circumstances, the 
 Crown, ia February, 1891, granted patents to the said lands to the defendant 
 Stewart, who thereupon applied for a certificate of title and served notice upon 
 the plaintiffs, who filed a caveat, and subsequently, a petition, and finally, on 
 the direction of Mr. Justice Dubuc on the hearing of such petitiou, this bill, 
 pending the disposition of which the further hearing of the petition was ad- 
 journed and proceedings thereon stayed. 
 
 One of the conditions of the deed of surrender of the Hudson's Bay Company 
 to the Crown was : " 8. All titles to land up to the 8th March, 1869, conferred 
 by the Company, are to be confirmed ." 
 
 The Attorney-General of Canada was not a party to the bill, and the court
 
 company's land tenures. 211 
 
 found that tlicre were no fraudulent misrepresentations or contrivances by the 
 defendant Stewart in obtaining the patent. The bill was taken pro confesso 
 against defendant Templetou. 
 
 Howell, Q.C., Nugent and Archer Martin for plaintitis. 
 
 Culver, Q.C., and Sutherland for defendant Stewart. 
 
 Under the state of facts above set out 
 Held— 
 
 1. Eobert McKay must be presumed to have been the owner of an estate 
 in fee simple in the lands under the Hudson's Bay Company — Taylor on 
 Evidence, 147-51. 
 
 2. The lands having been granted by the Hudson's Bay Company before 
 the transfer, and the heirs of Robert McKay being entitled to an estate in 
 fee simple therein before the transfer, there was no estate left in the Crown, 
 represented by the Dominion Government, to grant, and the patent could 
 have no further effect than to confirm the grant in fee already made by the 
 Company. " The estates and interests of the several parties in the laud 
 were acquired independently of, and prior to the issue of the patent, and in 
 my opinion the patent has not really affected the legal interests and rights 
 that were acquired in the property under laws in force in the province. 
 These interests and rights, whatever they were, come under the head of 
 'property and civil rights,' and this court is bound to recognize and enforce 
 them. If the view I take of the case is correct, then, for some time previous 
 to and at the time the patent was issued, the legal and beneficial title to 
 the land on the inner lot was vested in the plaintiffs, or Alexander Tem- 
 pleton. By some means the defendant, Stewart, has obtained a Crown 
 patent for the laud that apparently vests the legal estate in it in her, and 
 I think the court has jurisdiction to declare and decree that, notwith- 
 standing this Crown patent the land is not hers, but the plaintiffs', and to 
 order her to execute conveyances of the land to them." 
 
 3. The outer two miles stand on a different footing, there being no evi- 
 dence of a grant of them to McKay, and the only evidence of possession 
 being the exclusive exercise of the right of cutting hay thereon by Robert 
 McKay and his heirs for the period in each year during which the laws of 
 Assiniboia formally recognized that right in the owners of the river lots ; 
 if the land became vested in the Crown under the deed of surrender, no one 
 could acquire a title against the Crown by possession under the statute of 
 Limitations. 
 
 4. The laws in force here prior to the transfer being the law of England 
 as it existed on May 2, 1G70 (date of the Hudson Bay Company's charter), 
 a sale of laud could be by parol as the Statute of Frauds was not then in 
 force ; the sale here being of property not separate estate by a married 
 woman, was not objectionable on the ground of being a parol sale, yet could 
 not be a valid one, even with the consent of her husband, as the Act for the 
 Abolition of Fines and Recoveries, 1835, was not in force at the time of 
 the sale ; the contention of plaintiffs' counsel that so much of the common 
 law of England as prevented a married woman from convoying her property 
 with the consent of her husband was inapplicable to the local conditions 
 of Rupert's Land in 1670, and was consequently not introduced by the early 
 colonists, is over-ruled. " This rule of disability was an essential part of 
 the common law, and expressed the spirit and policy of the English people 
 and English law on the legal status of married women, and it seems to me
 
 212 THE Hudson's bay 
 
 to liavo been applicable wherever English subjects were living subject to 
 English law and quite independent of local conditions " ; the legal existence 
 of the wife was deemed to be merged in the husband and consequently she 
 was under a total disability to contract — Cahill v. Cahill, 8 App. Ca. 428 ; 
 Emery v. Wase, 5 Ves. 8i5 ; Nicole v. Jones, L. R. 3 Eq. 696, and MacQueen 
 on Bus. and Wife, 63-5, 284-5. 
 
 5. Under ordinary circumstances when a man and his wife are living 
 together and occupying land, the presumption is that the occupation is that 
 of the husband and not of the wife, and where there is a parol gift to a 
 married woman and the land is occupied and worked by her husband, she 
 residing on the property with him as his wife, the title acquired by length 
 of possession is that of the husband and not of the wife — Vincent v, Morleij^ 
 15 N. B. 375. 
 
 6. Defendant Stewart married before the Married Woman's Property 
 Act took effect and without a settlement, and as her husband down to the 
 time the Act took effect had not taken possession of the laud it was then her 
 separate property, and whatever interest the patent conveyed to her would 
 also be separate property, and she might then be sued as a femme sole 
 without her husband. 
 
 7. The plaintiffs were, or rather their father, Alexander Templeton 
 (who by his marriage had acquired an estate in freehold in his wife's land 
 tlie effect of which was to give him the actual ownership of the laud during 
 the coverture) was entitled to the inner SJ chains by virtue of possession 
 and the Statute of Limitations, R. S. M., cap. 89, s. 4 — Harris v. Mudie, 
 7 A. R. 414 — but the father by filing the bill as next friend for two of his 
 children showed that he was willing to give up to the plaintiffs any interest 
 he had in the lands, and as there would be uo surprise and as it could 
 make no difference to the defendant, except as regards the question of costs, 
 and expenses of further proceedings would be avoided, there would be a 
 decree, upon the plaintiffs filing a release to them from Alexander Templeton, 
 declaring Robiua Stewart a trustee for the plaintiffs, according to their 
 several interests, of the inner 83 chains and directing her to execute con- 
 veyances of the respective shares . 
 
 Question of costs reserved till after release la put in.* 
 
 * Note. — This release was put in, but before the decree was taken out the 
 judge subsequently, when the question of costs came up, refused to allow 
 plaintiffs to take out the decree, and directed that the bill should be dismissed, 
 but without costs, leave being given to Alex. Templeton to proceed as ho might 
 be advised. 4 W. L. T. R., 62. Tlio judge did not, however, in any way change 
 or alter the opinions expressed by him in his judgment. Templeton immediately 
 took proceedings to establish his claim, the defendant's interest was put up for 
 sale to satisfy the costs of her owu solicitors, and Templeton bought it in as the 
 cheapest way of settling the action: the lauds are now in his undisturbed 
 occupancy.
 
 company's land tenures. 213 
 
 APPENDIX O. 
 Page 92.— Hay Privileges in Assiniboia. 
 
 Copy of a Report of a Committee of the Honourable the Privy Council, approved 
 by His Excellency the Governor-General in Council, on the 17th April, 1871. 
 
 On a Memorandum dated the 3rd April, 1874, from the Honourable the 
 
 Minister of the Interior, stating in reference to the report dated 23rd February 
 last, by the Hay and Common Commissioners, that although he had been pre- 
 viously under the impression that the hay right ou the outer two miles could in 
 no way be considered as anything but an casement, and as such not entitling 
 the parties ou final settlement of their claim to anything beyond, at all events, 
 a grant of a portion of the land ; yet, on considering the arguments used by the 
 Commissioners, and especially as they are favourably viewed by the Lieutenant- 
 Governor, who, under the Manitoba Act, is specially appointed as the agent of 
 the Government of the Dominion in the settlement of this matter, he is of opinion 
 that the recommendation of the Commissioners is deserving of favourable con- 
 sideration by the Government. 
 
 The following, he states, are the recommendations of the Commissioners, the 
 application of which, it is understood, is limited to the parishes named in the 
 margin, in which, under the Assiniboia law, the hay right was recognized in 
 the outer two miles, that is to say : — 
 
 1. That where the outer two miles is (s/c) not taken up in any way, the owner 
 of cacli front or river lot in those parishes where the rights existed, should receive 
 a grant of the land in the outer two miles immediately in rear of his lot, such 
 grant to be in full commutation of all rights of common and of cutting hay, 
 claimed in respect of the front lot. 
 
 2. As the land elsewhere is not of the same value to the claimants as in their 
 outer two miles, they recommend that in cases where, from the existence of 
 parks or other claims or from any other cause, the whole of the outer two miles 
 cannot bo thus granted, the owner of the front lot should receive what is left of 
 the outer two miles in rear of his lot, and scrip, redeemable in unoccupied Govern- 
 ment lands, to cover one-half of as much more land as there is in the part of the 
 outer two miles so taken up. 
 
 The Minister submits that it should be understood that for tho purpose of 
 estimating the amount of scrip in any case, the lands as above should be valued 
 at the Government price of one dollar per aero. 
 
 And further, that as regards the claims of commutation of tho rights of 
 common and of cutting hay by the people in parts of the parishes of St. Boniface, 
 West, St. Vital, and St. James, where the hay right on tho outer two miles was 
 cut off by the junction of the two rivers, as set forth in paragraph 3 of tho
 
 214 THE Hudson's bay 
 
 Licutcnant-Govenior's despatch, dated the 18tli March last past, tliat the same 
 be settled ou the same principle, by which such people will be entitled to one 
 dollar and a half iu scrip for each acre of land in the river lots respectively 
 owned by them. 
 
 That should the settlement recommended above be approved he submits the 
 expediency of adopting some principle by which the general right of cutting 
 hay, which it would appear expedient to concede, had been held and enjoyed by 
 the settlers in the Province should be determined upon. 
 
 That with this view, and having given the matter consideration, he recom- 
 mends as follows : — 
 
 That provision be made for the commutation of the right of cutting bay by 
 settlers in Manitoba previous to the transfer, outside of those parishes in which 
 the privilege of the outer two miles was recognized by the Council of Assiniboia, 
 on the following principle, that is to say, — 
 
 That each person wlio may prove to be entitled under sub-section 1, 2, 3, or 4, 
 of section 32 of the Manitoba Act, to a freehold grant from the Crown, shall 
 receive an issue of scrip, the same to be iu full commutation of the right of 
 cutting hay and of any and every other right which such person claims or may 
 claim under sub-clause 5 of section 32 of the Act 33 Victoria, chapter 3, of one 
 dollar of scrip for each acre of land for which such person may, as aforesaid, prove 
 entitled to receive a patent. 
 
 His Honour the Lieutenant-Governor in paragrapli 8 of his despatch, dated 
 the 18th March last, hereinbefore referred to, advises that the dealing with tlio 
 Point Douglas and St. Boniface Commons should bo referred to a special com- 
 mission, composed of the three judges of the Court of Queen's Bench. This he 
 recommends, as Mr. Bain, one of the Commissioners, he alleges, had already, iu 
 his professional capacity, been called on to deal with the question of the Point 
 Douglas Common. 
 
 The Minister submits the course advised as above by His Honour the 
 Lieutenant-Governor to the favourable consideration of the Government. 
 
 He further recommends that such of the regulations contained in any 
 in'evious Order in Council providing for the settlement of hay and common 
 rights in Manitoba as may conflict with the mode of settlement above proposed, 
 be rescinded. 
 
 The Committee submit the foregoing recommendations for Your Excellency's 
 approval. 
 
 Certified. 
 
 (Signed) W. A. Himswoktu, 
 
 ClerJi, Frivy Council. 
 To the Hon. 
 The Minister of the Interior.
 
 company's land tenures. 215 
 
 APPENDIX P. 
 
 Letter from Alex. Leav to Peter Fidler REOARDiNa the A>rALOAMATio\ 
 OP the Hudson's Bay and North- West Companies. 
 
 London, 2l8t May, 1821. 
 Mr. Peter Fidler. 
 
 Dear Sir, 
 
 I rec'd your esteemed favour of the 14 August last from 
 
 Norway house. I thank you much for the Information it contained. I shall 
 
 now, in return, give you such Intelligence as will, I trust, not only be agreeable 
 
 to you but to every Individual in the Service. 
 
 In the first place, all Misunderstanding between the Hon'ble Company and 
 the North West Compan"' is totally at an end. 
 
 You are to know that the Hon'ble Company caused it to be announced in 
 the Gazette and Daily Papers that a General Board of Proprietors would be held, 
 at their House, on Monday the 2Gth March last. It was so held ; and many of 
 the Hudson's Bay and North West Proprietors attended. Tendency of this 
 meeting was to promulgate that an UNION between the Two Companies had 
 taken place. 
 
 I cannot enumerate the Eesolutions which imauimously passed on the 
 occasion, let it suffice for me to acquaint you, that it appears to have been a 
 well digested Plan which eventually will tend to the advantage of both 
 Companies. 
 
 Mr. Garry a Gent'n of the Hon'ble Committee accompanied by Mr. Simon 
 McGillivray has embarked for Now York, from thence to Montreal, in order 
 to proceed to the Company's Settlements, the North West Stations and Red 
 River. If you sliould see Mr. Garry you will find him a Gent'n in every 
 respect, and deserving respectful attention. 
 
 The whole concern will be apportioned into shares to which the North West 
 Agents will be entitled. 
 
 I was present at the General Board (being a proprietor), and after the 
 business was concluded a mutual congratulation past between the Governor, etc., 
 and myself; and I sincerely wish every Individual or fellow Labourer in the 
 same Vineyard, in which I was till lately, Joy on the happy Event. 
 
 From the Tenor of your Letter I am led to imagine that ]\Ir. Roberts would 
 expect from me the balance of your ace' as he did last year, the consequence 
 of which has been that I deferred purchasing for you in the Consols, lest it 
 would have interfered with the Commissions you had givoTi liim for purchasing 
 various articles for you ; I shall therefore not add to your funded property till 
 after I return from my annual visit to Gravcsend on the Departure of tlie 
 Company's Ships. 
 
 With wishing you every happiness you can possibly enjoy, in whicli I am 
 joined by Mrs. Lean and my son Charles, I remain, dear sir. 
 
 Your faithful Friend and obcd' Serv*, 
 
 (Signed) Alex. I/Ean.
 
 216 THE HUDSON'S BAY 
 
 APPENDIX Q. 
 
 Page 19. — Deed of Surrender op Exjpeet's Land by the Hudson's B/y 
 Company to the Crown, 
 
 To all io wliom these presents shall come unto, or concern, the Governor and 
 Company of Adventurers of England, trading into Hudson's Bay, send 
 greeting. 
 
 Whereas the said Governor and Company were established and incorporated 
 l)y their said name of " The Governor and Company of Adventurers of England 
 trading into Hudson's Bay," by Letters Patent granted by His late Majesty 
 King Charles the Second in the twenty-second year of his reign, whereby His 
 said Majesty granted unto the said Company and their successors the sole trade 
 and commerce of all those seas, straits, bays, rivers, lakes, creeks, and sounds in 
 whatsoever latitude they should be, that lay within the entrance of the straits 
 commonly called Hudson's Straits, together with all the lands and territories 
 upon the countries, coasts, and confines of the seas, bays, lakes, rivers, creeks, 
 and sounds aforesaid, that were not already actually possessed by, or granted to, 
 any of His Majesty's subjects, or possessed by the subjects of any other Christian 
 Prince or State, and that the said land should be from thenceforth reckoned 
 and repiited as one of His Majesty's Plantations or Colonies in America called 
 Kupert's Land, and whereby His said Majesty made and constituted the said 
 Governor and Company and their successors the absolute Lords and proprietors 
 of the same territory, limits, and places aforesaid, and of all other the premises 
 saving the faith, allegiance, and sovereign dominion due to His said Majesty, 
 his heirs and successors for the same, and granted to the said Governor and 
 Company and their successors, such rights of Government and other rights, 
 privileges, and liberties, franchises, powers, and authorities in Rupert's Land 
 as therein expressed. And whereas ever since the date of the said Letters 
 Patent, the said Governor and Company have exercised and enjoyed the solo 
 right thereby granted of such trade and commerce as therein mentioned, and 
 have exercised and enjoyed other rights, privileges, liberties, franchises, powers, 
 and authorities thereby granted, and the said Governor and Company may have 
 exercised or assumed rights of Government in other parts of British North 
 America not forming part of Rupert's Land, or of Canada, or of British Columbia. 
 And whereas, by the British North America Act, 1867, it is (amongst other 
 things) enacted that it shall be lawful for Her present Majesty Queen Victoria, 
 by and with the advice and consent of Her Majesty's most Honourable Privy 
 Council, on Address from the Houses of Parliament of Canada, to admit Rupert's 
 Land and the North-Western Territory or cither of them into the Union of the 
 Dominion of Canada on such terms and conditions as are in the Address 
 expressed, and as Her Majesty thinks fit to approve, subject to the provisions of 
 the said Act. And whereas, by the Rupert's Land Act, 1868, it is enacted
 
 company's land tenures. 217 
 
 (amongst other things) that for the purposes of that Act the term, " Rupert's 
 Land," shall include the whole of the lands and territories held or claimed to 
 be held by the said Governor and Company, and that it shall be competent for 
 the said Governor and Company to surrender to Her Majesty, and for Her 
 Majesty, by any instrument under Her Sign-Manual and Signet, to accept a 
 surrender of all or any of the lands, territories, rights, privileges, liberties, 
 franchises, powers, and authorities whatsoever, granted or purported to be 
 granted by the said Letters Patent to the said Governor and Company within 
 Rupert's Land, upon such terms and conditions as shall be agreed upon by and 
 between Her Majesty and the said Governor and Company: provided, however, 
 that such surrender shall not be accepted by Her Majesty until the terms and 
 conditions upon which Rupert's Land shall be admitted into the said Dominion 
 of Canada shall have been approved of by Her Majesty, and embodied in an 
 Address to Her Majesty from the Houses of the Parliament of Canada in 
 pursuance of the 146th Section of the British North America Act, 1867, and 
 that upon the acceptance by Her Majesty of such surrender, all rights of 
 Government and proprietary rights, and all other privileges, liberties, franchises, 
 powers, and authorities whatsoever, granted or purported to be granted by the 
 said Letters Patent to the said Governor and Company within Rupert's Land, 
 and which shall have been so surrendered, shall be absolutely extinguished, 
 provided that nothing in the said Act contained shall prevent the said Governor 
 and Company from continuing to carry on in Rupert's Land or elsewhere trade 
 and commerce. And whereas Her said Majesty Queen Victoria and the said 
 Governor and Company have agreed to terms and conditions upon which the 
 said Governor and Company shall surrender to Her said Majesty, pursuant to 
 the provisions in that behalf in the Rupert's Land Act, 1868, contained, all the 
 rights of Government and other rights, privileges, liberties, franchise, powers, 
 and autiiorities, and all the lands and territories (except and subject as in the 
 said terms and conditions expressed or mentioned) granted or purported to be 
 granted by the said Letters Patent, and also all similar rights whicli have been 
 exercised or assumed by the said Governor and Company in any parts of British 
 North America not forming part of Rupert's Land, or of Canada, or of British 
 Columbia, in order and to the intent that, after such surrender has been effected 
 and accepted under the provisions of the last-mentioned Act, the said Rupert's 
 Land may be admitted into the Union of the Dominion of Canada, pursuant to 
 the hereinbefore-mentioned Acts or one of them. And whereas the said terms 
 and conditions on which it has been agreed that the said surrender is to be 
 made by the said Governor and Company (wlio are in the following Articles 
 designated as the Company) to Her said Majesty are as follows (that is to 
 say) :— 
 
 1. The Canadian Government shall pay to the Company the sum of 300,000/. 
 sterling when Rupert's Land is transferred to the Dominion of Canada. 
 
 2. The Company to retain all the posts or stations now actually possessed 
 and occupied by them or tlieir officers or agents (whether in Rupert's Land 
 or any other part of British North America), and may witliin twelve moutlis 
 after the acceptance of the said surrender select a block of land adjoining 
 each of their posts or stations within any part of British North America not 
 comprised in Canada and British Columbia in conformity, except as regards the 
 Red River Territory, with a list made out by the Company and conununicaled 
 to the Canadian Ministers, being the list in the annexed Schedule. The actual 
 survey is to be proceeded with, with all convenient speed.
 
 218 THE HUDSON'S BAY 
 
 ;i The eize of each block is not to exceed in the Red River Territory an 
 amount to be agreed upon between the Company and the Governor of Canada 
 in Council. 
 
 4. So far as the configuration of the country admits, the blocks shall front 
 the river or road by which means of access are provided, and shall be approxi- 
 mately in the shape of parallelograms, and of which the frontage shall not be 
 more than half the depth. 
 
 5. The Company may, at any time within fifty years after such acceptance 
 of the said surrender, claim in any township or district within the fertile belt in 
 which land is set out for settlements, grants of land not exceeding one-twentieth 
 part of the land so set out ; the blocks so granted to be determined by lot, and 
 the Company to pay a rateable share of the survey expenses, not exceeding 8 
 cents Canadian an acre. The Company may defer the exercise of their right 
 of claiming their proportion of each township or district for not more than ten 
 years after it is set out, but their claim must be limited to an allotment from 
 the lands remaining unsold at the time they declare their intention to make it. 
 
 6. For the purpose of the last Article the fertile belt is to be bounded as 
 follows : — On the south by the United States' boundary ; on the west by the 
 Rocky Mountains ; on the north by the Northern Branch of the Saskatchewan 
 River; on the east by Lake Winnipeg, the Lake of the Woods, and the waters 
 connecting them. 
 
 7. If any township shall be formed abutting on the north bank of the 
 northern branch of the Saskatchewan River, tlie Company may take their one- 
 twentieth of any such township, which, for the purpose of this Article, shall not 
 extend more than five miles inland from the river, giving to the Canadian 
 Dominion an equal quantity of the portioii of land coming to them of townships 
 established on the southern bank of the said river. 
 
 8. In laying out any public roads, canals, or other public works, through 
 any block of land reserved to the Company, the Canadian Government may take 
 without compensation such land as is necessary for the purpose, not exceeding 
 one-twenty-fifth of the total acreage of the block; but if the Canadian Govern- 
 ment require any land which is actually under cultivation, or which has been 
 built upon, or which is necessary for giving the Company's servants access to 
 any river or lake, or as a frontage to any river or lake, the said Government 
 shall pay to the Company the fair value of the same, and shall make compensa- 
 tion for any injury done to the Company or their servants. 
 
 9. It is understood that the whole of the land to be appropriated within the 
 meaning of the last preceding clause, shall be appropriated for public purposes. 
 
 10. All titles to land up to the eighth day of March, one thousand eight 
 hundred and sixty-nine, conferred by the Company, are to be confirmed. 
 
 11. The Company is to be at liberty to carry on its trade without hindrance 
 in its corporate capacity, and no exceptional tax is to be placed on the Company's 
 land, trade, or servants, nor any import duty on goods introduced by the said 
 Company previously to such acceptance of the said surrender. 
 
 12. Canada is to take over the materials of the electric telegraph at cost 
 price ; such price including transport, but not including interest for money, and 
 subject to a deduction of ascertained deterioration. 
 
 IB. The Company's claim to land under an agreement of Messrs. Vankough- 
 net and Hopkins is to be withdrawn. 
 
 14. Any claims of Indians to compensation for lands required for purposes 
 of settlement shall be disposed of by the Canadian Government in communj-
 
 company's land tenures. 
 
 219 
 
 cation with the Imperial Government ; and the Company shall be relieved of all 
 responsibility in respect of them. 
 
 And whereas the surrender hereinafter contained is intended to be made in 
 pursuance of the agreement, and upon the terras and conditions hereinbefore stated. 
 
 Now know ye, and these presents witness, that, in pursuance of the powera 
 and provisions of the Kupert's Land Act, 1868, and on the terms and conditions 
 aforesaid, and also on condition of tliis surrender being accepted pursuant to tlio 
 provisions of that Act, the said Governor and Company do hereby surrender to 
 the Queen's Most Gracious Majesty, all the rights of Government, and other 
 rights, privileges, liberties, franchises, powers, and authorities, granted or 
 purported to be granted to the said Governor and Company by the said recited 
 Letters Patent of His late Majesty King Charles the Second; and also all 
 similar rights which may have been exercised or assumed by the said Governor 
 and Company in any parts of British North America, not forming part of 
 Rupert's Land or of Canada, or of British Columbia, and all the lands and 
 temtories within Rupert's Land (except and subject as in tlie said terms and 
 conditions mentioned) granted or purported to be granted to the said Governor 
 and Company by the said Letters Patent. In witness whereof, tlie Governor 
 and Company of Adventurers of England trading into Hudson's Bay, have 
 hereunto caused their Common Seal to be affixed, the nineteenth day of 
 November, one thousand eight liundred and sixty-nine. 
 
 THE SCHEDULE ABOVE REFERRED TO. 
 
 Northern Department, Rupert's Land. 
 
 District, 
 
 Post. 
 
 Acres of Land. 
 
 English River . , . 
 
 Isle k. la Crosse 
 
 50 
 
 
 
 Rapid River 
 
 5 
 
 
 
 Portage La Loche 
 
 20 
 
 say 10 acres each end 
 of portage. 
 
 
 Green Lake 
 
 100 
 
 
 
 Cold Lake 
 
 10 
 
 
 
 Deer's Lake 
 
 5 
 
 
 
 
 
 
 190 acres in English 
 River. 
 
 Saskatchewan ... 
 
 Edmonton House 
 
 3,000 
 
 
 
 Rocky Mountain House ... 
 
 500 
 
 
 
 Fort Victoria 
 
 3,000 
 
 
 
 St. Paul 
 
 3,000 
 
 
 
 Fort Pitt 
 
 3,000 
 
 
 
 Battle River 
 
 3,000 
 
 
 
 Carlton House 
 
 3,000 
 
 
 
 Fort Albert 
 
 3,000 
 
 
 
 Whitelish Lake ... ... 
 
 500 
 
 
 
 Lac La Biche 
 
 1,000 
 
 
 
 Fort Assiniboine 
 
 50 
 
 
 
 Lesser Slave Lake 
 
 500 
 
 
 
 Lac St. Anno 
 
 500 
 
 
 
 Lac La Nun 
 
 500 
 
 
 
 St. Albert 
 
 1,000 
 
 
 
 Pigeon Lake 
 
 100 
 
 
 
 Old White Mud Fort ... 
 
 50 
 
 
 
 
 
 25,700 acres in Saskat- 
 chewan District.
 
 220 
 
 THE HUDSON'S BAY 
 
 District. 
 
 Cumberland ... 
 
 Post. 
 
 Swan River 
 
 Red River 
 
 Manitoba!! Lake 
 Portage La Prarie 
 Lac La Pluie . 
 
 York 
 
 Cumberland House 
 Fort La Corne 
 Pelican Lake 
 Moose Woods 
 
 TliePas 
 
 Moose Lake 
 
 Grande Rapid Portage 
 
 Fort Pelly ... 
 Fort Ellice 
 Q'Appelle Lakes 
 Touchwood Hills 
 Shoal River 
 Mauitobah 
 Fairford 
 
 Upper Fort Garry, and> 
 Town of Winnipeg 
 
 Lower Fort Garry (includ- 
 ing the farm the Com- 
 pany now have under | 
 cultivation 
 
 White Horse Plain 
 
 Oak Point 
 
 Fort Alexander . . . 
 Fort Frances 
 Eagle's Nest 
 Big Island ... 
 Lac du Bonnet 
 Rat Portage 
 Shoal Lake 
 Lake of the Woods 
 Whitefish Lake .. 
 English River 
 Hungry Hall 
 Trout Lake 
 Clear Water Lake 
 Sandy Point 
 
 Acres of Land. 
 
 100 
 
 3,000 
 
 50 
 
 1,000 
 
 25 
 
 50 
 
 100 
 
 3,000 
 
 3,000 
 
 2,500 
 
 500 
 
 50 
 
 50 
 
 100 
 
 York Factory 
 
 100 
 
 Churchill 
 
 10 
 
 Severn 
 
 10 
 
 Trout Lake 
 
 10 
 
 Oxford 
 
 100 
 
 Jackson's Bay 
 
 10 
 
 God's Lake 
 
 10 
 
 Island Lake 
 
 10 
 
 50 acres at each end 
 of portage. 
 
 4,325 acres in Cumber- 
 land District. 
 
 50 
 
 1,000 
 
 500 
 500 
 20 
 20 
 20 
 50 
 20 
 50 
 20 
 20 
 20 
 20 
 20 
 20 
 
 9,200 acres in Swan 
 River District. 
 
 ' Such number of acres 
 as may be agreed 
 upon between the 
 Company and the 
 Goverhor of Canada 
 in Council. 
 
 1,050 
 
 1,300 acres in Lac La 
 Pluie District. 
 
 2G0
 
 company's land tenures. 
 
 221 
 
 District. 
 
 Post. j Acres of Land. 
 
 Norway House 
 
 Norway House i 100 
 
 Bereu's River • 25 
 
 Grand Rapid 10 
 
 Nelson's River ... ... 10 
 
 145 
 
 Total in Northern Department 
 
 42,170 
 
 Albany ... 
 
 East Main 
 
 Moose 
 
 Rupert's River 
 
 KinoKumisaee ... 
 
 Southern Department, Rupert's Land. 
 
 Albany Factory ... 
 Martin's Falls 
 
 Osuaburg 
 
 Lac Seul ... 
 
 Little Whale River 
 Great Whale River 
 
 Fort George 
 
 Moose Factory 
 
 Hannah Bay 
 
 Abitibi 
 
 New Brunswick 
 
 Rupert's House 
 
 Misstassing 
 
 Temiskamay 
 
 Woswonaby 
 
 Meehiskun 
 
 Pike Lake ... 
 
 Nitchequou 
 
 Kamapiscan 
 
 Matawaganinque 
 Kuckatoosh 
 
 Total in Southern Department 
 
 100 
 10 
 25 
 
 500 
 
 50 
 50 
 25 
 
 100 
 10 
 10 
 25 
 
 50 
 10 
 10 
 10 
 10 
 10 
 10 
 10 
 
 50 
 10 
 
 G35 
 
 125 
 
 145 
 
 120 
 
 GO 
 
 1,085 
 
 Superior 
 
 Temiscaminquo 
 
 Labrador 
 
 Montreal Departjiext, Rupert's Land. 
 Long Lake 10 
 
 Kakababeagino 
 
 Fort Nascopie 
 Outposts, ditto 
 Fort Chimo (Ungava) 
 South River, outposts 
 George's River 
 Whale Rivor 
 North's River 
 Fals3 River 
 
 Total in Montreal Deparlraont 
 
 10 
 20 
 
 75 
 
 25 
 100 
 
 30 
 
 50 
 
 50 
 
 25 
 
 25 
 380 
 
 400 acrca
 
 222 THE HUDSON'S BAY COMPANY'S LAND TENURES, 
 
 Northern Department, Noeth-West Territory. 
 
 District. 
 
 Post. 
 
 Acres of Land. 
 
 Athabasca 
 
 Fort Chippewyan 
 
 10 
 
 
 
 Fort Vermilion 
 
 500 
 
 
 i Fort Dunveo;aii 
 
 50 
 
 
 
 Fort St. John's 
 
 20 
 
 
 
 Forks of Atliabasca River 
 
 10 
 
 
 
 Battle River 
 
 5 
 
 
 
 Fond du Lac 
 
 5 
 
 
 
 Salt River 
 
 5 
 
 605 acres in Athabasca 
 District. 
 
 
 
 
 McKenzie River 
 
 Fort Simpson 
 
 100 
 
 
 
 Fort Liard . . . 
 
 
 
 300 
 
 
 
 Fort Nelson 
 
 
 
 200 
 
 
 
 The Rapids 
 
 
 
 100 
 
 
 
 Hay River 
 
 
 
 20 
 
 
 
 Fort Resolution 
 
 
 
 20 
 
 
 
 Fort Rae ... 
 
 
 
 10 
 
 
 
 Fort du Lac 
 
 
 
 10 
 
 
 
 Fort Norman 
 
 
 
 10 
 
 
 
 Fort Good Hope 
 
 
 
 10 
 
 
 
 Peel's River 
 
 
 
 10 
 
 
 
 Lapierre's House 
 
 
 
 10 
 
 
 
 Fort Halkett 
 
 
 
 100 
 
 
 
 
 
 900 acres in Mackenzie 
 River District. 
 
 Total in No 
 
 rth-West Territory 
 
 
 
 1,505 acres. 
 
 RECAPITULATION. 
 
 Northern Department, Rupert's Land 
 Southern ditto ditto 
 
 Montreal ditto ditto 
 
 Northern Department, North- West Territory 
 
 45,160
 
 INDEX. 
 
 ABORIGINAL TITLE. Vide Indian Title. 
 
 ALLOTMENT LISTS, 
 
 particulars of, 107-109 (/«.) 
 
 AMERICAN PLANTATIONS, 
 
 charters of various, 3, 4 
 
 AMOS, MR., 
 
 his plan of Red River, 23, 109 
 
 ASSINIBOIA SETTLERS. Vide Red River Settlers, Lord Selkirk, and 
 Hudson's Bay Co. 
 
 ASSINIBOIA, 
 
 extent of, and grant of, to Lord Selkirk, 5, 6 ; App. B. 
 
 jurisdiction over, reserved by Hudson's Bay Co., 6 
 
 conditions attached to grant of, G 
 
 shares of Company's servants in, 6 
 
 two meanings of term " District of," 8 
 
 surveys. Vide Surveys. 
 
 management of, by Lord Selkirk's executors, 14 
 
 by Hudson's Bay Co., 14 
 cost of, to Lord Selkirk, 14 
 
 re-transferred to Hudson's Bay Co. by executors, 15-19 
 evidence in regard to date, ib. 
 certificate of peaceable possession of, 18 
 records of. Vide Records. 
 plans of, 23, 109, 111-117 
 governor of, acts as Lord Selkirk's agent, 43 
 council of, recognizes squatters and casual occupiers, CG 
 transfer of land. Vide Land. 
 
 BALSILLIE, JOHN, 
 
 evidence as to Register B, 68, G9 
 
 missing Selkirk registers, 128, 129 
 
 BALTIMORE, LORD 
 
 charter to Maryland, 3, 4
 
 224- INDEX. 
 
 BANNERMAN, ALEX. AND WILLIAM, 
 
 allotment of, 23 
 
 BOUNDARY. Vide International Boundary. 
 
 BOURASSA, LOUIS, 
 
 early settler in Athabasca, 104 
 
 BRITISH COLUMBIA, 
 
 rights in, of Hudson's Bay Co., surrendered, 21D 
 BRUCE, CHARLES GASPARD, 
 
 his grant from Lord Selkirk, 62 
 BRUCE, JOHN, 
 
 his lease from Hudson's Bay Co., and remarks on, 71-75 
 
 BRYDGES, LAND COMMISSIONER, 
 
 evidence as to sales in Red River, 69 
 
 BULGER, GOVERNOR ANDREW, 
 
 removes French Canadians to Forks, 28 
 
 arrives at Red River, and acts as Lord Selkirk's agent, 43 
 
 his authority from executors, 43 
 
 his power of attorney, 43 
 
 his papers at Ottawa, 43 (n.), 109 
 
 agreements with Swiss settlers, 60, 62 
 
 correspondence with Bishop Provencher, 62 
 
 Chief Factor Clarke regarding retired servants, Hudson's Bay Co., 
 
 no, 111 
 
 BURBIDGE, MR., 
 
 opinion on Assiniboia tenures, 87 
 
 BURGESS, MR. A. M., 
 
 his errors in regard to Red River tenures, 86, 87 
 
 CALDWELL, LIEUT.-COL., GOVERNOR OF ASSINIBOIA, 
 
 comes to Fort Garry with pensioners, 75 
 evidence on grants to pensioners, 76, 77 
 leaves Fort Garry, 76 
 Hudson's Bay Co.'s grant to, 81 
 
 CAMERON, DUNCAN, 
 
 notice to quit Forks sent by Governor McDonnell, 10 
 
 CANADA, GOVERNMENT OF, 
 
 mistakes n:ade by, in grants in Assiniboia, 2, 22, 83, 84-90 
 
 extinction of Indian title, 14, 94, 97-102 
 
 acquisition of Rupert's Laud by, 19, 84 
 
 confirms Hudson's Bay Co.'s titles, 84-89 
 
 deals with hay privileges of settlers, 90-92, 
 
 grants lands to " original white " settlers, 17, 103 
 
 *' staked claims," consideration, and eventual recognition of, 105-106 
 
 loss of old plans by, 112 
 
 CANADIAN SEIGNORAL RIGHTS 
 not introduced in Red River, 62
 
 INDEX. 225 
 
 CANADIANS. Vide French Canadians. 
 CABRIERE V. DAGNON, 
 
 land case tried at Fort Garry, 66 
 
 CERTIFICATES OF SETTLERS 
 
 granted by Lord Selkirk's agents, 48-51 
 nature, and reception in evidence, 50, 51 
 granted by Hudson's Bay Co., and form of, 70 
 
 CHARLES II. 
 
 grant to Lord Baltimore, 3 
 
 CHELSEA HOSPITAL, 
 
 out-pensioners of. Vide Pensioners. 
 
 CHETLAIN, GENERAL A. L., 
 
 particulars concerning Swiss settlers, 29 («.) 
 
 CLARKE, CHIEF FACTOR, 
 
 in charge of retired servants of Hudson's Bay Co., 110 
 correspondence with Governor Bulger, 110 
 
 COLONISTS. Vide Red River Settlers. 
 
 COLTMAN, COMMISSIONER, 
 
 at Red River, 10, 109 
 
 COLVILE, ANDREW, 
 
 executor of Lord Selkirk, 4.S 
 
 CONNECTICUT, 
 
 plantation or colony of, 3, 4 
 
 COUNCIL OF ASSINIBOIA 
 
 recognizes squatters and occupiers, 66 
 minutes of the, 117 
 
 DEEDS OF SETTLERS, 
 
 Professor Hind's unsuccessful search for, 32 
 
 no formal conveyance given generally, 33, 65, 131, 132 
 
 registration of, 33 
 
 restrictive clauses not enforced, 65 
 
 J. H. McTavish's unsuccessful search, 68 
 DE MEURON, WATTEVILLE, AND GLENGARRY FENCIBLES, 
 
 arrival at Red River, and settlement of, 25, 27, 29 
 
 many leave, 31, 32 
 DE MEURON, LIEUT.-COL., THE COUNT, 
 
 his regiment, 25 
 
 DENNIS, MR. J. S., 
 
 remarks on Assiniboia surveys, 107 
 work of Colonel Dennis, 115, 116 
 
 DUMAS, MICHEL, 
 
 his agreement for sale with Hudson's Bay Co., 69
 
 226 INDEX. 
 
 DUMOULIN, REV. SEVERE, 
 
 aiTival at Red River, 27, 3S 
 
 ELLICE, M.P., RIGHT HON. EDWARD, 
 
 evidence on purchase by Hudson's Bay Co. from Lord Selkirk, \G 
 
 ENGLISH COLONISTS IN AMERICA, 
 
 their method of dealing with Indian title, 91-98 
 
 FAUCHE, LIEUT. G. A., 
 
 testimony as to grants by Lord Selkirk, 25 
 
 FEE SIMPLE, ESTATES IN. Vide Tenure. 
 
 FERTILE BELT, 
 
 reservation of, by Hudson's Bay Co., 20 
 
 FIDLER, MR. PETER. 
 
 survey of Red River, 11, 23, 108, 108 («.), 109 
 some of his books found in Winnipeg, 130 (n.) 
 letter from Alex. Lean, 215 
 
 FORKS OF RED RIVER, THE. 
 
 centre of district of Assiuiboia, 8 
 possession of Assiniboia given at, 18 
 removal of French Canadians to, 28 
 
 FORT DAER. Vide Pembina. 
 abandonment of, 8, 28 
 
 FORT DOUGLAS, 
 
 ceremonies at, 8 
 
 FORT GARRY, 
 
 old documents hidden in well of, 130 
 eur.'lled pensioners of. Vide Pensioners. 
 
 FOSS, CAPTAIN, 
 
 ov/ns lot at Armstrong's Point, 81 
 
 FOSTER, J., 
 
 his certificate for land, 111 
 
 "FREE MEN" OF PEMBINA, 
 
 proposed removal to that river, 105 (/;.) 
 
 FRENCH CANADIANS, 
 
 arrival at Red River, and location, 27, 28 
 grants to, 43 
 
 FROG PLAIN, 
 
 lots laid out to, 11 
 
 GATIEN, MICHAEL, 
 
 lot at Red River, 63 
 
 GENERAL QUARTERLY COURT, 
 
 records of the, 118
 
 INDEX. 227 
 
 GEORGIA, 
 
 plantation or colony of, 3, 5 
 
 GERMAN CREEK, 
 
 now the Seine River, 27 
 
 GOULET AND SABINE 
 surveys at Red River, 107 
 
 GOULET, ROGER, 
 
 evidence as to old plans of Red River, 112, 113 
 
 GRANT, CUTHBERT, 
 
 chief of half-breeds, 30 
 
 HALF-BREEDS, 
 
 join French Canadians at Pembina, 28 
 
 scattered over North-West, 27 
 
 settled at White Horse Plains, 30 
 
 their claims to lands, 99-101 
 
 successors of the Indians, 100, 101 
 
 marriages of, 100 
 
 definition of word, 100, 101 
 
 grants to, 101,104 
 
 allotment lists, 102-103 
 
 recent grants to, in remote districts, 104 
 
 HALKETT, JOHN, 
 
 agent of Lord Selkirk, his visit to Red River, 21, 2G, 28, 60 
 his sales to settlers, and conditions of, 00, 01 
 
 HAY PRIVILEGES, 
 
 rights of settlers, 90-92 
 
 Hudson's Bay Co. v. Cool; 90 
 
 practice of Council of Assiniboia, 90-92 
 
 extent of settlers' rights, 91 
 
 council of, appoints commission, 91 
 
 report of, adopted, and patents granted, 91, 92 
 
 HEAD, BART., SIR EDMUND, 
 
 on purchase of Assiniboia, 17 
 
 HEURTER, F. D., 
 
 lot at Red River, 37, 40 
 
 HILL, CAPTAIN, 
 
 arrives at Fort Garry witii pensioners, 77 
 gets grant of Armstrong's Point, 81 
 
 HILLIER, WILLIAM, 
 
 actions at Red River, 8, 18 
 
 HIND, PROFESSOR, 
 
 visit to Red River, and search for title deeds, 32
 
 228 INDEX. 
 
 HUDSON'S BAY COMPANY, 
 
 last of great ancient companies, 1 
 
 lands, 1, 2 
 
 charter, 2-5, Ayip. A. 
 
 monopoly of trade invalid, 2 
 
 grant of Assiniboia, 5, App. B., 124: 
 
 reservation of jurisdiction, 6 
 
 shares of servants in lands, 6 
 
 grants outside Assiniboia, 8 
 
 contest with North- West Co., 9, 10 
 
 management of Assiniboia for Lord Selkirk, 14 
 
 resumption of possession of Assiniboia, 1.5-13 
 
 deed of surrender to queen, 19, App. Q. 
 
 transfer of Rupert's Land. Vide Rupert's Land. 
 
 retired servants of, settle at Red River, 30, 33-36, 110, 111 
 
 coalition with North- West Co., 30, App. P. 
 
 forms of deeds to settlers, 32-34 
 
 agreement with William McKay, 34 
 
 grants not confined to leaseholds, 65 
 
 agreement for sale with M. Dumas, 69 
 
 certificates for land granted by, 70 
 
 pensioners sent to Fort Garry. Vide Pensioners. 
 
 grants freeholds to pensioners, 79 
 
 recognizes Lord Selkirk's titles, 84 
 
 titles confirmed by Canada, 84, 90 
 
 Htidson's Bay Co. v. Cook, hay rights' case, 90 
 
 summary as to titles of, 92, 93 
 
 and Indian title, 99 
 
 no grants to settlers back of two miles on rivers, 99 
 
 York Factory plan of settlement, 110 
 
 records of. Vide Records. 
 
 mislays or suppresses records, 128, 129 
 
 INDIANS, 
 
 grant to, and agreement with. Lord Selkirk, 12, 94, 125 
 
 remarks on, 13 
 
 introduction of Saulteaux to Red River by North- West Co., 13 
 
 friendly to settlers, 52 
 
 title of, generally, 14, 20, 94-103 
 
 to " outer two miles," 91 
 Chancellor Kent on, 94-96 
 opinions of Supreme Court, U.S., on, 94, 95 
 
 Chalmers, 96 
 " Councells' opinion " on, 1675 . . 96 
 New England Puritans' recognition of, 96 
 Canada's manner of dealing with, 96-103 
 opinions of Chancellor Boyd and Ontario Caurts, 96 
 
 Supreme Court of Canada, 97 
 obiter dictum of Privy Council on, 99
 
 INDEX. 229 
 
 INTEENATIONAL BOUNDARY, 
 
 establishment of, 8, 28, 115 
 
 ISBISTER, ALEXANDER K., 
 
 liis lease from Hudson's Bay Co., and cvidcnoc, 65 
 
 JUDGES OF MANITOBA, 
 
 erroneous views on Assiniboia tenures, 22, 8G 
 
 KEALYING v. MOYSES, 
 
 case on Red River lands, 68, 121 
 
 KEMP, MR. WILLIAM, 
 
 his surveys at Red River, 110-113 
 
 KENT, CHANCELLOR, 
 
 on Indian title, 94-96 
 
 KILLAJI, HON. MR. JUSTICE, 
 
 opinion of, 132 
 
 LAGIMONIERE, J. B., 
 lot at Red River, 37, 39 
 
 LAND TITLES OFFICE AT WINNIPEG, 
 
 investigation of titles by, 2, 87-89 
 
 LAND, TRANSFER OF, 
 
 method of, at Red River, 130-133 
 evidence of J. H. McTavish, 131 
 form of order to Hudson's Bay Co., 131 
 opinion of Mr. Justice Killam, 132 
 
 LA SALLE RIVER, 
 
 "staked claims" on, 105 
 
 LEAN, ALEX., 
 
 letter to Peter Fidler, 215 
 
 LEASE, 
 
 form of Lord Selkirk's, to settlers, 52 
 
 peculiar covenants in same regarding colony, 56-59 
 
 long, conversion of, into freehold in Ohio and Mass., 59 
 
 remarks of Mr. Brydges on, 69 
 
 peculiar, to John Bruce, and remarks on, 71-75 
 
 LEASEHOLD ESTATE. Vide Tenvre. 
 
 LOGAN, ALEXANDER, 
 
 his property and papers at Winnipeg, 46, 47 
 
 LOGAN, NATHANIEL, 
 
 compiler of Register B, 68 
 
 LOGAN, ROBERT. 
 
 sheriff and councillor of Assiniboia, 45 
 purchase of Fort Douglas, 46 
 form of conveyance, 47 
 lessee under Lord Selkirk, 53
 
 230 INDEX. 
 
 LONG, MAJOR STEPHEN S., U.S.A., 
 establishes international boundary, 28 
 
 MANITOBA, 
 
 primogeniture in, prior to transfer, 1, 2 
 MANITOBA ACT, THE, 
 
 titles under, 22, 84-90 
 
 provisions for extinguishing Indian title, 99 
 MARYLAND, 
 
 plantation or colony of, 3-5 
 MASSACHUSSETS BAY, 
 
 plantation of, 3 
 MATTHEY, CAPTAIN, 
 
 engages 20 Wattevilles for Lord Selkirk, 20 
 MAY, COLONEL, 
 
 agreement with Swiss settlers, 29 
 McBEATH, ALEXANDER, 
 
 allotment of, 23 
 
 McDERMOT v. FANYANT, 
 
 land case tried at Fort Garry, 67 
 
 McDonnell, governor miles, 
 
 appointment and proceedings at Red River, 7, 9, 10, 18 
 letter regarding leases and temjiorary grants, 52 
 
 McDONELL, governor ALEXANDER, 
 
 destroys records of Assiniboia, 21, 117 
 McKAY, WILLIAM, 
 
 agreement with Hudson's Bay Co., 34 
 
 McTAVISH, GEORGE S., 
 
 carries away important document, 30 
 
 McTAVISH, J. H., 
 
 evidence as to tenure at Red River, and register, 68, 121 
 hides old documents in Fort Garry well, 130 
 evidence as to method of transfer, 130, 131 
 
 MILL, THE COLONY, 
 
 conveyance of, to Robert Logan, 4G, 47 
 
 MISTAKES OF CROWN. Ftde Canada. 
 
 MORRIS, LIEUT.-GOVERNOR, 
 
 his " Treaties with the Indians," 7 
 
 MURRAY, ALEXANDER, 
 
 allotment of, 23 
 
 NEWCOMBE, MR. E. L., 
 
 report on Assiniboia tenures, 88-89 
 
 NEW ENGLAND PURITANS, 
 recognize Indian title, 96
 
 INDEX. 231 
 
 NOETH-WEST COMPANY, 
 
 post at Ked Eiver, 9 
 
 contest with Hudson's Bay Co., 9, 10, 21 (n.), App. F. 
 introduction of Saulteaux to Red River by, 13 
 coalition with Hudson's Bay Co., 30, App. P. 
 
 NOETH-WEST TERRITORIES, 
 transfer to Canada, 19 
 recent grants to early settlers in, 104 
 
 O'DONOHUE, W. B., 
 
 makes fraudulent entries in Register B, 121 
 
 ONTARIO, COURTS OF, 
 on Indian title, 97, 98 
 
 "ORIGINAL WHITE" SETTLERS, 
 allotted lands by Canada, 17, 103, 104 
 
 ORKNEYMEN 
 
 settled at Red River, 31 
 
 OSSINIOBOIA. Vide Assiniboia. 
 
 PARK, JOHN, 
 
 his certificate for land, 111 
 
 PARSONAGE CREEK, 
 situation of, 11 
 
 PATENTS, 
 
 mistakes in Crown, 2, 22, 84, 90 
 superfluous in certain cases, 89, 90 
 
 PELLY, R. P., 
 
 governor of Assiniboia, 45 
 
 scarcity of his grants, 48 
 
 letter from Bishop Provencher to, re Rat River Settlement, 105 (?i.) 
 
 PEMBINA, 
 
 Fort Daer, same place, 8 
 
 French Canadians settle at, 28 
 
 " Free Men" of Pembina, proposed removal to Rat River, 105 (n.) 
 
 PENN, WILLIAM, 
 
 his charter to Pennsylvania, 4 
 
 PENSIONERS OF FORT GARRY, 
 arrival in two drafts, 1848, 1850 ..75 
 numbers and particulars of, 75-77 
 manner of settlement and location, 76, 77 
 difficulties with, 76 
 some leave, 76 
 
 search for "conditions " of service, 77 
 conditions, re service and grant of laud, 77, 78, App. L, 
 Company grants freeholds to, 79 
 extent and location of allotments, 79-82
 
 282 INDEX. 
 
 PENSIONERS OF FORT GARRY— continued. 
 lots began close to Fort Garry, 80 
 error of Government in regard to, 79, 80 
 evidence of George R. Turner, 80, 81 
 survey made by W. G. Smith, 80 
 Charles Stodgell, lot No. 1 ..80 
 John Eagan, lot No. 2 . . 80 
 George Turner, lot No. 11 .. 81 
 Col. Caldwell's grant of Armstrong's Point, 81 
 Capt. Foss gets the Point, 81 
 Capt. Hill gets the Point, 81 
 Thomas Picksley's lot, 81 
 Joseph Robillard's lot, 81 
 Mrs. John Gunn's evidence, 81 
 
 Hudson's Bay Co.'s scheme of sub-division, 81-83, App. M. 
 ■width of lots, 82 
 
 Mr. Whitcher's plan of lots, 82, 83 
 Government erroneously treats grants as leaseholds, 83 
 
 PLANTATIONS, 
 
 British in America, 3 
 
 POINT DOUGLAS, 
 
 survey and settlement of, 26, 110 
 
 PRINCE REGENT, THE, 
 
 petition of settlers to, App. F. 
 proclamation of, 10 
 
 PRIVY COUNCIL, JUDICIAL COMMITTEE OF, 
 
 on Indian title, 98, 99 
 
 PROVENCHER, REV. J. N. (BISHOP), 
 
 arrival at Red River, 27, 38 
 correspondence witli Governor Bulger, G2 
 
 Governor Pelly regarding R. C. establishment at Rat River (n.), 105 
 
 PROVIDENCE, 
 
 plantation of, 3 
 
 QUEEN, THE, 
 
 surrender of Rupert's Land to, by Hudson's Bay Co., 30, App. Q. 
 
 RAT RIVER, 
 
 note on early settlement of, 105 (w.) 
 "staked claims" on, 105, lOG 
 
 RECORDS OF ASSINIBOIA, 
 
 Register A, 7 (n.), 125-127 
 
 destination of, 21, 23, 117 
 
 parchment agreement with Lord Selkirk, 29 
 
 search for, Professor Hind, 32 
 
 system of recording grants in Register, 33 
 
 Register of Hudson's Bay Co. produced in court, 07 
 
 agreement with Indians produced in court, G7
 
 INDEX. 233 
 
 RECORDS OF ASSINIBOIA— conh'nwed. 
 
 evidence of J. H. McTavish as to register, 68, 69, 120 
 
 Nathaniel Logan compiled Register B, 68, 118 
 
 evidence of John Balsillie as to age of Register B, 69 
 
 Register B, 118, 119, 123, 124 
 
 entries in Register B, re Selkirk's grants, 83, 119-125 
 
 Register B shows Taylor's survey, Hi 
 
 minutes of Council of Assiniboia, 124 
 
 records of General Quarterly Court, 118 
 
 old register prior to B, 121-123 
 
 Hudson's Bay Co. denies existence of old vols., 121 
 
 discovery of old registers, and description of, 122 
 
 comparison with Register B, 123, 124 
 
 opinion of Wood, C.J., on value of Register B, 123, 124 
 
 meaning of term " acres granted," 124 
 
 statutory copy of Register B, 124 
 
 Lord Selkirk's missing registers, evidence as to, 128, 129 
 
 search of autlior for, 128, 130 
 
 culpable negligence of Hudson's Bay Co., 129, 130 
 
 old documents concealed in Fort Garry well, 130 
 
 RED RIVER SETTLEMENT. Vide Assiniboia. 
 
 RED RIVER SETTLERS, 
 mistakes in their patents, 2 
 allotments to, 9, 10, 11, 22 
 
 meeting and agreement with Lord Selkirk, 10, 11 
 extent of allotments, and wood lots, 11, 22, 23, 24, 25 
 " original white," 17, 103 
 some Scotch desert Red River, 24 («.) 
 various classes of settlers, 25-31 
 nature of their tenures. Vide Tenures, and passim. 
 numbers of Scotch, 24 (n.) 
 
 De Meuron, Watteville, and Glengarry, 25-27, 31, 32 
 French Canadians, 27, 28 
 some become U.S. citizens, 28 
 Swiss, 29, 30, 60, 61 
 location of, in 1822.. 30 
 leases to, by executors of Lord Selkirk, 52 
 peculiar covenants in leases, 56-59 
 tenures under Lord Selkirk, summary as to, 63, 64 
 sixth and final class of pensioners, 75, et seq. 
 titles from Lord Selkirk, recognized by Hudson's Bay Co., 83 
 
 confirmed by Canada, 84, 85 
 present policy of Canada in issuing patents to, 88 
 Crown patent in certain cases superfluous, 90 
 hay privileges of, 90-92 
 
 summary as to tenures of, under Hudson's Bay Co., 92, 93 
 no grants from Hudson's Bay Co. back of rivers, 99 
 contrasted with later " original white " settlers, 103 
 " staked claims " along Rat, Seine, and La Sallo Rivers, 105-106 
 bogus claims along Hat, Seine, and La Salle Rivt-rs, 106
 
 234 INDEX. 
 
 RED RIVER SETTLERS— co?i<rHMed 
 eventual recognition by Canuda, lOG 
 early Roman Catholic settlement at Rat River, 105 («.) 
 petition of, to Prince Regent, App. F. 
 
 REGISTERS OF COLONY. Vide Records. 
 
 RETIRED SERVANTS OF HUDSON'S BAY CO., 30,31,31-36,110,111 
 title deeds of, and registration, 32, 33 
 certificates granted to, by Selkirk, and form of, 48-51 
 
 RHODE ISLAND, 
 
 plantation of, 3 
 
 ROBINSON, MR. THOMAS, 
 lends document, 49 
 
 ROBINSON, MR. W. J., 
 
 lends document, 70 
 
 ROMAN CATHOLIC MISSION, 
 
 grant in fee from Lord Selkirk, 36-43 
 Canadian seignoral tenures not in force in, 62 
 
 RUPERT'S LAND, 
 
 name of, 3 
 
 tenure of, 4 
 
 transfer to Canada, 2, 14, 19, 99, App. Q. 
 
 SABINE AND GOULET 
 
 surveys at Red River, 107 
 
 SANDISON, GEORGE, 
 his certificate for lot, 50 
 
 SANDISON, JAMES, 
 
 his certificate for lot, 49 
 
 SCARTH'S WIDOW, JOHN, 
 her certificate for lot, 50 
 
 SEDGWICK, MR., 
 
 opinion on Assiniboia tenures, 88 
 
 SEINE RIVER, 
 
 " staked claims" on, 105, 106 
 
 SELKIRK, LORD, 
 
 " Silver Chief," known to Indians as, 13 
 
 his settlers at Red River, 1 
 
 grant of Assiniboia, 5, App. B., 125 
 
 conditions attached to, 6 
 
 shares of Company's servants in, 6 
 
 prospectus of Colony, 9 
 
 sales on leases to settlers, 9, 22, 23, et seq. 
 
 visit to Red River, and grants to settlers, 10, 11, 12, 25 
 
 treaty with Indians, 12, 13, 14, 67, 94, 125 
 
 death of, 14, 31
 
 INDEX. 235 
 
 SELKIRK, IjOJH)— continued. 
 
 management of estate by executors, 14 
 
 cost of settlement to, 14 
 
 reprisals on North-West Co., at Fort William, 26 
 
 final grants to settlers, 31 
 
 grant in fee to Roman Catholic Jlission, 3G-13 
 
 agent at Red River, 43 
 
 conveyance of Fort Douglas to R. Logan, 46, 47 
 
 certificate to W. R. Smith, 48 
 
 Edward Wood, 49 
 
 James Sandison, 49 
 
 George Sandison, 50 
 
 John Scarth's widow, 50 
 leases to settlers, 52-59 
 grant to Christian Rickner, 61 
 
 Nicholas Haufifman, 61 
 
 Sigismond Fiotron, 61 
 
 Charles G. Bruce, 62 
 
 Michael Gatien, 63 
 
 Josepli Watt, 63 
 summary as to his tenures, 63-64 
 grant to A. Wintzel, 71-75 
 his titles ratified by Hudson's Bay Co., 84 
 "original white " settlers under his auspices, 103 
 first survey of Red Rivei', 108 
 will of, 125-127 
 lands in America, 126, 127 
 jiersonal estate of, 127 
 renunciation of trustees, 127 
 power of attorney to Simpson and Pelly, 127 
 loss of his registers, 128 
 negligence of Hudson's Bay Co., 128 
 evidence of Mr. Balsillie, 128 
 
 SEMPLB, GOVERNOR ROBERT, 
 massacre of, 24 (n.) 
 
 SETTLERS. Vide Red Riveb Settlers. 
 
 SEVEN OAKS, 
 
 massacre of, 10 
 
 SIMPSON, GOVERNOR SIR GEORGE, 
 agent for Lord Selkirk, 44 
 his sales and certificates to settlers, 47-51 
 evidence as to tenure, 65, 67-68 
 
 SINCLAIR V. MULLIGAN, 
 
 case on Red River lauds, 130-133 
 
 SLATER, JOHN, 
 
 lease from Hudson's Bay Co., 66 
 
 SMITH, W. R., 
 
 his certificate for lot, 48
 
 236 INDEX. 
 
 S PENCE, J., 
 
 his certificate for land, 111 
 
 SQUATTERS, 
 
 unmolested by Hudson's Bay Co., 65, 104-106 
 
 STAKED CLAIMS, 
 
 consideration of, along rivers, 105-106 
 nature of right, if any, 105-106 
 bogus operations of claimants, 106 
 Solomon Venne, 106 
 recognized eventually by Canada, 106 
 
 STATUTES OF FRAUDS AND OF ENROLMENTS 
 
 not in force in Assiniboia, 48 
 
 ST. JOHN'S CATHEDRAL, 
 situation of, 11 
 
 SUPREME COURT OF CANADA, 
 On Indian title, 97-99 
 
 SURRENDER OF RUPERT'S LAND. Vide Rupert's Land. 
 
 SURVEY OF ASSINIBOIA, 
 running lines, 1813. .9 
 Fidler's, 11, 108 
 of Point Douglas, 26 
 Mr. Dennis' remarks on, 107 
 Lord Selkirk directed first, 108 
 commencement of, 108 
 Amos' plan of, 109 
 of Point Douglas, 1 10 
 lots of retired servants, 110, 111 
 Mr. Kemp's survey, 110, 114, 116 
 Governor Bulger on Mr. Kemp, 111, 112 
 
 Mr. James Taylor's evidence as to old plans of surveys, 112, 113 
 removal of plans to Ottawa, 112 
 loss of plans by Department, 112, 113 
 Mr. Roger Goulct's evidence, 113 
 Mr. George Taylor's survey, 114, 115 
 original plan lost, copy preserved, 114, 115 
 work of Col. Dennis' party, 115, 116 
 "Surveyor's Reports of Parishes" at Winnipeg, 116 
 plan of settlement at Forks, 116, 117 
 
 SUTHERLAND, ALEXANDER, 
 allotment of, 23 
 
 SWISS SETTLERS, 
 
 remain at Pembina in United States, 28 
 arrival and settlement at Red River, 29-30 
 abandonment of, for United States, 30, 31 
 purchase land from Selkirk, 60-02
 
 INDEX. 237 
 
 TACHE, ALEXANDER, ARCHBISHOP OF ST. BONIFACE, 
 lends documents, 42, 70 
 
 TAYLOR, MR. GEORGE, 
 
 his survey of Red River, 112-llG 
 
 TAYLOR, CHIEF JUSTICE, 
 remarks on Register B, 124 
 
 TAYLOR, MR. JAMES, 
 
 paper on Selkirk grant, 7 
 documents in possession of, 34, 49 
 evidence as to old plans, 112, 113 
 
 TEMPLETON v. STEWART, 
 
 suit affecting Red River lands, 86 («.), 88, 89, App. N. ■ 
 
 TENURES OF ASSINIBOIA, passim, 
 mistakes in, 2, 22, 83, 84, 90 
 confirmation of, by Canada, 20 
 of Scotch settlers, 9, 11, 22-25 
 of De Meuron settlers, 25-27 
 of French Canadian settlers, 27, 28 
 of Swiss settlers, 29, 30, GO, 61 
 of retired servants of Hudson's Bay Co., 30-36 
 of Roman Catholic mission, 36-43 
 of Mr. Robert Logan of Fort Douglas, 46, 47 
 of holders of certificates from Lord Selkirk, 50, 51 
 of Lord Selkirk, summary as to, 63, 64 
 under Hudson's Bay Co., freehold and leasehold, 65, tt seq. 
 squatters on unoccupied lands, 65 
 Land Commissioner Brydges on sales at Red River, 69 
 of pensioners, 78, 79 
 
 Lord Selkirk's, ratified by Hudson's Bay Co., 84 
 mistaken opinion of Mr. Burgess as to, 86 
 opinion of Wood, C.J., 86, 87 
 Mr. Burbidge, 88 
 
 Sedgwick, 88 
 
 Ncwcombe, 88, 89 
 summary as to Hudson's Bay Co.'s, 92, 93 
 meaning of term " acres granted " in Register B, 124 
 
 THOM, RECORDER, 
 
 explanation of term " Assiniboia," 8 
 
 TRANSFER OF LAND, METHOD OF. Vide L.\nd. 
 TRANSFER OF RUPERT'S LAND. Vide Rupert's Land. 
 
 TURNER, GEORGE R., 
 
 evidence as to pensioners, 80 
 note on, 80 (n.) 
 
 UNITED STATES, 
 
 mode of treating Indian title, 94, 97
 
 238 INDEX. 
 
 VIRGINIA, 
 
 plantation of, 3, 4 
 
 WATT, JOSEPH, 
 
 lot at Red River, 63 
 
 WHITE HORSE PLAINS, 
 
 settlement of half-breeds at, 31, 105 (n.) 
 
 WHITE SETTLERS. Fide " Original White" Settler f 
 
 WHITEWAY, J., 
 
 his certificate for land, 111 
 
 WINNIPEG, 
 
 claims to lands in, 2 
 
 WINTZEL, ALEXANDER, 
 
 grant from Lord Selkirk, 71-75 (n.) 
 
 WOOD, CHIEF JUSTICE, 
 
 opinion on Assiniboia tenures, 86, 87 
 Register B, 123, 124 
 
 LONDON: PRINTED BY WILLIAM CLOWES AND SONS, LIUIIED, 
 8TAMF0ED STBEliT AND CHA8IN0 CROSS.
 
 UNIVERSITY OF CALIFORNIA LIBRARY 
 
 Los Angeles 
 This book is DUE on the last date stamped below. 
 
 Form L<J-50m-ll, '50 (2554)444 
 
 '':v^ 

 
 .-tartm - 
 
 1063 The Hudson's ba^ 
 JiZ 6h G ompany ' s 1 and 
 tenures . . . 
 
 Mt0». ^^_ 
 
 ^d?^ 
 
 .«: - ■' ^ 
 
 
 3 1158 00756 
 
 AA 001 133 713 
 
 F 
 1063 
 
 1^3 6h 
 
 5:*^<v^ '^ • t^ -' " 
 
 »w.. ;.^>. J*--- ^-'.-i. ..'••;: :■ 
 
 ff^^^5^ 
 
 .* < 
 
 -''■*■• 
 
 '.I f ~ 
 
 
 
 l^>. \. 
 
 I 
 
 •<-'.ir 
 
 .'Uii 
 
 •!!;>' 
 
 
 
 ^.o^.- 
 
 L^^-r