466 PROOFS AND ILLUSTRATIONS. [L 



whereas the said undertakers, for their further encouragement in the said 

 design, have humbly besought us to incorporate them, and to grant unto 

 them and their successors the whole trade and commerce of all those 

 seas, straits and bays, rivers, lakes, creeks and sounds, in whatsoever lati- 

 tude they shall be, that lie within the entrance of the straits commonly 

 called Hudson's Straits, together with all the lands, countries, and terri- 

 tories, upon the coasts and confines of the seas, straits, 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 endeavors that 

 may tend to the public good of our people, and to encourage the said 

 undertaking, have, of our especial grace, certain knowledge, and mere 

 motion, given, granted, ratified, and confirmed, and by these presents, for 

 us and our successors, do give, grant, ratify, and confirm, unto our said 

 cousin, Prince Rupert, &c, that they and such others as shall be ad- 

 mitted into the said society, as is hereafter expressed, shall be one body 

 corporate and politic, in deed and in name, by the name of The Governor 

 and Company of Adventurers of England trading into Hudson's Bay, 

 * * * and at all times hereafter, shall be personable, and capable in 

 law, to have, purchase, receive, possess, enjoy, and retain lands, rents, 

 privileges, liberties, jurisdiction, franchises, and hereditaments, of what 

 kind, nature, or quality soever they be, to them and their successors." 



By succeeding sections of the charter, provisions are made — for the 

 election of a governor, a deputy governor, and a committee of seven 

 members, who are to have the direction of all voyages, sales, and other 

 business of the company — for the election of new members — and for 

 holding, at particular periods, a general court of the company. The 

 first company and their successors are made lords proprietors of the 

 territories above mentioned, holding the lands " in free and common 

 socage, and not in capite, or by knights' service ; " and they are em- 

 powered to make all laws and regulations for the government of their 

 possessions, which may " be reasonable, and not contrary or repugnant, 

 but as near as may be agreeable, to the laws, statutes, and customs," of 

 England. The whole trade, fishery, navigation, minerals, &c, of the 

 countries, is granted to the company exclusively ; all others of the king's 

 subjects being forbidden to " visit, haunt, frequent, trade, traffic, or 

 adventure," therein, under heavy penalties; and the company is more- 

 over empowered " to send ships, and to build fortifications, for the de- 

 fence of its possessions, as well as to make war or peace with all nations 

 or people, not Christian, inhabiting those territories, which are declared 

 to be thenceforth " reckoned and reputed as one of his majesty's plan- 

 tations or colonies, in America, called Rupert's Land." 



Thus it will be seen, that the Hudson's Bay Company possessed by its 

 charter almost sovereign powers over the vast portion of America drained 

 by streams entering Hudson's Bay. With regard to the other countries 

 in British America, north and west of Canada, not included in the Hud- 

 son's Bay Company's possessions, and which were termed, generally, the 

 Indian countries, an act was passed on the 11th of August, 1803, in the 

 43d year of the reign of King George III., entitled, 



