CROWN GRANT to the Hudson's Bay Company of the exclusive Trade with the Indians in certain parts of North America, for a further term of 21 years, and upon the surrender of a former Grant.*-May 30, 1838. (L.S.) VICTORIA R. VICTORIA, by the Grace of God, of the United Kingdom of Great Britain and Ireland Qucen, Defender of the Faith. To all to whom these presents shall come, greeting. Whereas, by an Act passed in the session of Parliament holden in the 1st and 2nd year of the reign of His late Majesty King George IV [cap. 66],† intituled, "An Act for the regulating the Fur Trade, and establishing a Criminal and Civil Jurisdiction within certain parts of North America," it was amongst other things enacted, that from and after the passing of the said Act, it should be lawful for His said Majesty, his heirs or successors, to make grants, or give his or their Royal license, under the hand and seal of one of his or their Principal Secretaries of State, to any body corporate or company, or person or persons, of or for the exclusive privilege of trading with the Indians in all such parts of North America as should be specified in any such grants or licenses respectively, not being part of the lands and territories theretofore granted to the Governor and Company of Adventurers of England trading to Hudson's Bay, and not being part of any of our provinces in North America, or of any lands or territories belonging to the United States of America, and that all such grants and licenses should be good, valid, and effectual for the purpose of securing to all such bodies corporate, or companies, or persons, the sole and exclusive privilege of trading with the Indians in all such parts of North America (except as thereinafter excepted) as should be specified in such grants or licenses, anything contained in any Act or Acts of Parliament, or any law to the contrary notwithstanding; and it was further enacted, that no such grant or license made or given by Ilis said Majesty, his heirs or successors, of any such exclusive privileges of trading with the Indians in such parts of North America as aforesaid, should be made or given for any longer period than 21 years, and that no rent should be required or demanded for or in respect of any such grant or license, or any privileges given thereby under the provisions of the said Act for the first *The grant of exclusive trade was first made on the 6th December, 1821, to "The Governor and Company of Adventurers of England trading to Hudson's Bay," in conjunction with "William M'Gillivray, of Montreal, in the province of Lower Canada, esquire, Simon M'Gillivray, of Suffolk Lane, in the city of London, merchant, and Edward Ellice, of Spring Gardens, in the county of Middlesex, esquire." These gentlemen subsequently surrendered their interest to the Hudson's Bay Company, to whom Her Majesty was pleased to make the Grant of 1838. [1844-45.]} + Page 1120. period of 21 years; and it was further enacted, that from and after the passing of the said Act, the Governor and Company of Adventurers trading to Hudson's Bay, and every body corporate and company and persons to whom any such grant or license should be made or given as aforesaid, should respectively keep accurate registers of all persons in their employ in any parts of North America, and should once in each year return to the Principal Secretaries of State accurate duplicates of such registers, and should also enter into such security as should be required for the due execution of all processes criminal and civil, as well within the territories included within any such grant, as within those granted by charter to the Governor and Company of Adventurers of England trading to Hudson's Bay, and for the producing or delivering into safe custody, for the purpose of trial, all persons in their employ or acting under their authority, who should be charged with any criminal offence, and also for the due and faithful observance of all such rules, regulations and stipulations as should be contained in any such grant or license, either for gradually diminishing and ultimately preventing the sale or distribution of spirituous liquors to the Indians, or for promoting their moral and religious improvement, or for any other object which might be deemed necessary for the remedy or prevention of any other evils which had hitherto been found to exist: and whereas it was in the said Act recited, that by a Convention entered into between His said late Majesty and the United States of America,* it was stipulated and agreed, that every country on the north-west coasts of America to the westward of the Stony Mountains should be free and open to the citizens and subjects of the 2 Powers for the term of 10 years from the date of the signature of that Convention; and it was therefore enacted, that nothing in the said Act contained should be deemed or construed to authorize any body corporate, company or person to whom His said Majesty might, under the provisions of the said Act, make or grant or give a license of exclusive trade with the Indians in such parts of North America as aforesaid, to claim or exercise any such exclusive trade within the limits specified in the said article, to the prejudice or exclusion of any citizens of the said United States of America who might be engaged in the said trade; with a proviso, that no British subject should trade with the Indians within such limits without such grant or license as was by the said Act required: And whereas by an instrument under the hand and seal of the Right Honourable Earl Bathurst, then one of His said late Majesty's Secretaries of State, and dated the 6th day of December, 1821, after reciting therein, as or to the effect aforesaid, and also reciting that the said Governor and Company of Adventurers of England trading to Hudson's Bay, and certain associations of persons trading under * August 6, 1826. Vol. XIV. Page 975. the name of "The North-west Company of Montreal," had respectively extended the fur trade over many parts of North America which had not been before explored, and that the competition in the said trade had been found, for some years then past, to be productive of great inconvenience and loss, not only to the said Company and Associations, but to the said trade in general, and also of great injury to the native Indians and of other persons His said Majesty's subjects; and that the said Governor and Company of Adventurers trading to Hudson's Bay; and William M'Gillivray of Montreal, in the Province of Lower Canada, Esq.; Simon M,Gillivray, of Suffolk-lane, in the city of London, merchant; and Edward Ellice, of Spring-gardens, in the county of Middlesex, Esq.; had represented to His said Majesty that they had entered into an agreement, on the 26th day of March last, for putting an end to the said competition, and carrying on the said trade for 21 years, commencing with the outfit of 1821, and ending with the returns of the outfit of 1841, to be carried on in the name of the said Governor and Company exclusively, and that the said Governor and Company, and William M'Gillivray, Simon M-Gillivray, and Edward Ellice, had humbly besought His said late Majesty to make a grant and give his Royal license to them jointly of and for the exclusive privilege of trading with the Indians in North America, under the restrictions and upon the terms and conditions specified in the said recited Act: His said late Majesty, being desirous of encouraging the said trade, and remedying the evils which had arisen from the competition which had theretofore existed therein, did give and grant his Royal license, under the hand and scal of one of his Principal Secretaries of State, to the said Governor and Company, and William M Gillivray, Simon M Gillivray, and Edward Ellice, for the exclusive privilege of trading with the Indians in all such parts of North America to the northward and to the westward of the said lands and territories belonging to the United States of America, as should not form part of any of IIis said Majesty's Provinces in North America, or of any lands or territories belonging to the said United States of America, or to any European Government, State or Power; and His said late Majesty did also give and grant and secure to the said Governor and Company, and William M'Gillivray, Simon M'Gillivray, and Edward Ellice, the sole and exclusive privilege, for the full period of 21 years from the date of that grant, of trading with the Indians in all such parts of North America as aforesaid (except as thereinafter excepted), and did thereby declare that no rent should be required or demanded for or in respect of that grant and license, or any privileges given thereby for the said period of 21 years, but that the said Governor and Company of Adventurers trading to Hudson's Bay, and the said William M Gillivray, Simon M'Gillivray, and Edward Ellice, should, during the period of that grant and license, keep accurate registers of all persons in their employ in any parts of North America, and should once in each year return to His said Majesty's Secretary of State accurate duplicates of such registers, and enter into and give security to His said Majesty, his heirs and successors, in the penal sum of 50007. for ensuring, as far as in them might lay, or as they could by their authority over the servants and persons in their employ, the due execution of all criminal processes, and of every civil process in any suit where the matter in dispute shall exceed 2007., by the officers and persons legally empowered to execute such processes within all the territories included in that grant, and for the producing or delivering into custody for purposes of trial all persons in their employ, or acting under their authority within the said territories, who should be charged with any criminal offence; and His said Majesty did thereby require that the said Governor and Company, and William M'Gillivray, Simon M'Gillivray, and Edward Ellice, should, as soon as the same could be conveniently done, make and submit for His said Majesty's consideration and approval, such rules and regulations for the management and carrying on of the said fur trade with the Indians, and the conduct of the persons employed by them therein, as might appear to His said Majesty to be effectual for diminishing or preventing the sale or distribution of spirituous liquors to the Indians, and for promoting their moral and religious improvement; and His said Majesty did thereby declare, that nothing in that grant contained should be deemed or construed to authorize the said Governor and Company, and William M-Gillivray, Simon M'Gillivray and Edward Ellice, or any persons in their employ, to claim or exercise any trade with the Indians on the north-west coast of America to the westward of the Stony Mountains, to the prejudice or exclusion of any citizens of the United States of America who might be engaged in the said trade; and providing also by the now reciting grant, that no British subjects other than and except the said Governor and Company, and the said William M'Gillivray, Simon M'Gillivray, and Edward Ellice, and the persons authorized to carry on exclusive trade by them on grant, should trade with the Indians within such limits during the period of that grant : And whereas the said Governor and Company have acquired to themselves all the rights and interests of the said William M'Gillivray, Simon McGillivray, and Edward Ellice, under the said recited grant, and the said Governor and Company having humbly besought us to accept a surrender of the said grant, and in consideration thereof to make a grant to them, and give to them our Royal license and authority of and for the like exclusive privilege of trading with the Indians in North America, for the like period and upon similar terms and conditions to those specified and referred to in the said recited grant; now know ye, that in consideration of the surrender made to us of the said recited grant, and being desirous of encouraging the said trade, and of preventing as much as possible a recurrence of the evils mentioned or referred to in the said recited grant; as also in consideration of the yearly rent hereinafter reserved to us, we do hereby grant and give our license, under the hand and seal of one of our Principal Secretaries of State, to the said Governor and Company, and their successors, for the exclusive privilege of trading with the Indians in all such parts of North America, to the northward and to the westward of the lands and territories belonging to the United States of America, as shall not form part of any of our provinces in North America, or of any lands or territories belonging to the said United States of America, or to any European Government, State or Power, but subject nevertheless as hereinafter mentioned: and we do by these presents give, grant and secure to the said Governor and Company, and their successors, the sole and exclusive privilege, for the full period of 21 years from the date of this our grant, of trading with the Indians in all such parts of North America as aforesaid (except as hereinafter mentioned): and we do hereby declare, that no rent shall be required or demanded for or in respect of this our grant and license, or any privileges given thereby, for the first 4 years of the said term of 21 years; and we do hereby reserve to ourselves, our heirs and successors, for the remainder of the said term of 21 years, the yearly rent or sum of 5s. to be paid by the said Governor and Company, or their successors, on the 1st day of June in every year, into our exchequer, on the account of us, our heirs and successors; and we do hereby declare, that the said Governor and Company, and their successors, shall, during the period of this our grant and license, keep accurate registers of all persons in their employ in any parts of North America, and shall once in each year return to our Secretary of State accurate duplicates of such registers; and shall also enter into and give security to us, our heirs and successors, in the penal sum of 5000l., for ensuring, as far as in them may lie, or as they can by their authority over the servants and persons in their employ, the due execution of all criminal and civil processes by the officers and persons legally empowered to execute such processes within all the territories included in this our grant, and for the producing or delivering into custody for the purposes of trial all persons in their employ or acting under their authority within the said territories who shall be charged with any criminal offence: and we do also hereby require, that the said Governor and Company, and their successors, shall, as soon as the same can be conveniently done, make and submit for our consideration and approval such rules and regulations for the management and carrying on the said fur trade with the Indians, and the conduct of the persons employed by them therein, as may appear to us to be effectual for diminishing or preventing the sale or distribu |