9 

 part but the settlement on Red River, shall be forfeited 

 Given under my hand, at Fort Daer, Pembina, the 8th of 

 January, 1814. 



" By order of the Governor. 



" (Signed) Miles Macdonell, Governor. 

 "John Spencer, Secretary." 



Here, then, is the loudly denounced and oft-spoken of 

 proclamation. 



"Were the question asked, "Did the Governor act wisely?" 

 subsequent events afford an answer in the negative. No 

 doubt Governor Macdonell. armed with the opinion of the 

 legal gentlemen we have already quoted, regarded himself as 

 fully authorized. No doubt there was need for preventing 

 the starving multitude of settlers being driven away every 

 winter to Pembina. No doubt it was the difficulty, under 

 December and January weather, of their getting sufficient 

 food from the buffalo that urged the Governor to take the 

 strong step he did at Pembina, of obviating the recurrence of 

 the sufferinG: he was then witnessing^. Further, it was well 

 known that instructions had been given the Nor'-wester 

 agents, in their western posts (as shown by the evidence of 

 Pritchard, at that time one of their employes), to buy up all 

 the provisions possible and prevent the settlers getting them. 



"All these things can be urged and have great weight: but 

 the fact that the idea of law was yet new, that the feeling of 

 the Nor'- Westers was hostile to a certain extent, and that 

 they had the turbulent Bois-Brules thoroughly under their 

 control and ready to carry oat any plans of attack, should 

 have caused great caution on the part of the Governor, so 

 newly created in his chair of authority. Further, all laws of 

 non-intercourse, embaro^o, and the like, are regarded as arbi- 

 trary. 



" Expedience would have dictated a more conciliatory and 

 less drastic policy ; especially when he was not possessed of a 

 force sufficient to carry out his commands. 



"But if the question be transferred to the region of ab- 

 stract right, the case is different. 



