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CHAPTER VII
RYSWICK AND UTRECHT

The "Grand Monarque" humbled – Caught napping – The Company in peril – Glorious Utrecht – Forts restored – Damages to be considered – Commission useless.

Louis XIV. of France, by his ambition and greed in 1690, united against himself the four nations immediately surrounding him – Germany, Spain, Holland, and England, in what they called "The Grand Alliance." Battles, by land and sea for six years, brought Louis into straits, unrelieved by such brilliant episodes as the naval prodigies wrought by D'Iberville on Hudson Bay. In 1696, "Le Grand Monarque" was sufficiently humbled to make overtures for peace. The opposing nations accepted these, and on May 9th, 1697, the representatives of the nations met at William III.'s Château of Neuberg Hansen, near the village of Ryswick, which is in Belgium, a short distance from the Hague.

Louis had encouraged the Jacobite cause, James III. being indeed a resident of the Castle of St. Germain, near Paris. This had greatly irritated William, and one of the first things settled at the Treaty was the recognition of William as rightful King of England.

Article VII. of the Treaty compelled the restoration to the King of France and the King of Great Britain respectively of "all countries, islands, forts, and colonies," which either had possessed before the declaration of war in 1690. However satisfactory this may have been in Acadia and Newfoundland, we find that it did not meet the case of the Hudson Bay, inasmuch as the ownership of this region was, as we have seen, claimed by both parties before the war. In the documents of the Company there is evidence of the great anxiety caused to the adventurers when the news reached London, as to what was likely to be the basis of settlement of the Treaty. The adventurers at once set themselves to work to bring influence to bear against the threatened result. The impression seemed to prevail that they had been "caught napping," and possibly they could not accomplish anything. Their most influential deputation came to the Hague, and, though late in the day, did avail somewhat.

No doubt Article VII. of the Treaty embodies the results of their influence. It is so important for our purpose that we give it in full: – "Commissioners should be appointed on both sides to examine and determine the rights and pretensions which either of the said Kings have to the places situated in Hudson Bay; but the possession of those places which were taken by the French during the peace that preceded this war, and were retaken by the English during this war, shall be left to the French, by virtue of the foregoing articles. The capitulation made by the English on September 5th, 1695, shall be observed according to the form and tenor; the merchandises therein mentioned shall be restored; the Governor at the fort taken there shall be set at liberty, if it be not already done; the differences which have arisen concerning the execution of the said capitulation and the value of the goods there lost, shall be adjudicated and determined by the said commissioners; who immediately after the ratification of the present Treaty, shall be invested with sufficient authority for the setting of the limits and confines of the lands to be restored on either side by virtue of the foregoing article, and likewise for exchanging of lands, as may conduce to the mutual interest and advantage of both Kings."

This agreement presents a few salient points: —

1. The concession to France of rights (undefined, it is true), but of rights not hitherto acknowledged by the English.

2. The case of the Company, which would have been seriously prejudiced by Article VII., is kept open, and commissioners are appointed to examine and decide boundaries.

3. The claim for damages so urgently pressed by the Hudson's Bay Company receives some recognition in the restoration of merchandize and the investigation into the "value of the goods lost."

4. On the whole, the interests of the Hudson's Bay Company would seem to have been decidedly prejudiced by the Treaty.

The affairs of the Company were in a very unfortunate condition for fifteen years after the Treaty of Ryswick. The Treaty took place in the very year of D'Iberville's remarkable victories in the Bay. That each nation should hold that of which it was in actual possession meant that of the seven Hudson's Bay Company forts, only Fort Albany was left to the Company. The Company began to petition at once for the appointment of the Commissioners provided by the Treaty, to settle the matter in dispute. The desperate condition of their affairs accounts for the memorials presented to the British Government by the Company in 1700 and in the succeeding year, by which they expressed themselves as satisfied to give the French the southern portion of the Bay from Rupert's River on the east and Albany Fort on the west. About the time of the second of these proposals the Hudson's Bay Company sent to the British Government another petition of a very different tone, stating their perilous condition, arising from their not receiving one-fifth of the usual quantity of furs, even from Fort Albany, which made their year's trade an absolute loss; they propose that an expedition of "three men-of-war, one bomb-vessel, and 250 soldiers" should be sent to dislodge the French and to regain the whole Bay for them, as being the original owners. No steps on the part of the Ryswick Commissioners seem to have been taken toward settling the question of boundaries in Hudson Bay.

The great Marlborough victories, however, crushed the power of France, and when Louis XIV. next negotiated with the allies at Utrecht – "The Ferry of the Rhine" – in 1713, the English case was in a very different form from what it had been at the Treaty of Ryswick. Two years before the Treaty, when it was evident that the war would be brought to an end, the Hudson's Bay Company plucked up courage and petitioned strongly to be allowed the use of the whole of Hudson Bay, and to have their losses on the Bay repaid by France. Several times during the war had France sued for peace at the hands of the allies, but the request had been refused. To humble France seemed to be the fixed policy of all her neighbours. At the end of the war, in which France was simply able to hold what she could defend by her fortresses, the great kingdom of Louis XIV. found itself "miserably exhausted, her revenue greatly fallen off, her currency depreciated thirty per cent., the choicest of her nobles drafted into the army, and her merchants and industrious artisans weighed down to the ground by heavy imposts." This was England's opportunity, and she profited by it. Besides "the balance of power" in Europe being preserved, Great Britain received Nova Scotia, Newfoundland, certain West India Islands, and the undisturbed control of the Iroquois.

Sections X. and XI. of the Treaty are of special value to us in our recital. By the former of these the entire west coast of Hudson Bay became British; the French were to evacuate all posts on the Bay and surrender all war material within six months; Commissioners were to be appointed to determine within a year the boundary between Canada and the British possessions on Hudson Bay. Section XI. provided "that the French King should take care that satisfaction be given, according to the rule of justice and equity, to the English Company trading to the Bay of Hudson, for all damages and spoil done to their colonies, ships, persons, and goods, by the hostile incursions and depredations of the French in time of peace." This was to be arrived at by Commissioners to be appointed.

If the Hudson's Bay Company, to quote their own language in regard to the Treaty of Ryswick, had been left "the only mourners by the peace," they were to be congratulated on the results of the Treaty of Utrecht. As in so many other cases, however, disputed points left to be settled by Commissioners lingered long before results were reached. Six years after the Treaty of Utrecht, the Memorial of the Hudson's Bay Company shows that while they had received back their forts, yet the line of delimitation between Canada had not been drawn and their losses had not been paid.

In the preceding chapter we have a list of the claims against the French as computed in 1694, amounting to upwards of 200,000l.; now, however, the amount demanded is not much above 100,000l., though the Memorial explains that in making up the above modest sum, they had not counted up the loss of their forts, nor the damage done to their trade, as had been done in the former case. Immediately after the time of this Memorial of the Company, the Commissioners were named by Great Britain and France, and several meetings took place. Statements were then given in, chiefly as to the boundaries between the British and French possessions in the neighbourhood of Hudson Bay and Canada. The Commissioners for several years practised all the arts of diplomacy, and were farther and farther apart as the discussions went on. No result seems to have been reached, and the claims of the Hudson's Bay Company, so far as recorded, were never met. Peace, however, prevailed in Hudson Bay for many years; the Indians from the interior, even to the Rocky Mountains, made their visits to the Bay for the first forty years of the eighteenth century, and the fur trade, undisturbed, became again remunerative.

CHAPTER VIII
DREAM OF A NORTH-WEST PASSAGE

Stock rises – Jealousy aroused – Arthur Dobbs, Esq. – An ingenious attack – Appeal to the "Old Worthies" – Captain Christopher Middleton – Was the Company in earnest? – The sloop Furnace– Dobbs' fierce attack – The great subscription – Independent expedition – "Henry Ellis, gentleman" – "Without success" – Dobbs' real purpose.

When peace had been restored by the Treaty of Utrecht, the shores of the Bay, which had been in the hands of the French since the Treaty of Ryswick, were given over to Great Britain, according to the terms of the Treaty; they have remained British ever since. The Company, freed from the fears of overland incursions by the French from Canada, and from the fleets that had worked so much mischief by sea, seems to have changed character in the personnel of the stockholders and to have lost a good deal of the pristine spirit. The charge is made that the stockholders had become very few, that the stock was controlled by a majority, who, year after year, elected themselves, and that considering the great privileges conferred by the Charter, the Company was failing to develop the country and was sleeping in inglorious ease on the shores of Hudson Bay. Certain it is that Sir Bibye Lake was re-elected Governor year after year, from 1720 to 1740.

It would appear, however, to have been a spirit of jealousy which animated those who made these discoveries as to the Company's inaction. The return of peace had brought prosperity to the traders; and dividends to the stockholders began to be a feature of company life which they had not known for more than a quarter of a century. As we shall see, the stock of the Company was greatly increased in 1720, and preparations were being made by the Committee for a wide extension of their operations.

About this time a man of great personal energy appears on the scene of English commercial life, who became a bitter opponent of the Company, and possessed such influence with the English Government that the Company was compelled to make a strenuous defence. This was Arthur Dobbs, Esq., an Irishman of undoubted ability and courage. He conducted his plan of campaign against the Company along a most ingenious and dangerous line of attack.

He revived the memory among the British people of the early voyages to discover a way to the riches of the East, and appealed to the English imagination by picturing the interior of the North American Continent, with its vast meadows, splendid cascades, rich fur-bearing animals, and numberless races of Indians, picturesquely dressed, as opening up a field, if they could be reached, of lucrative trade to the London merchants. To further his purpose he pointed out the sluggish character of the Hudson's Bay Company, and clinched his arguments by quoting the paragraph in the Charter which stated that the great privileges conferred by generous Charles II. were bestowed in consideration of their object having been "The Discovery of a New Passage into the South Sea." Dobbs appealed to the sacrifices made and the glories achieved in earlier days in the attempt to discover the North-West Passage. In scores of pages, the indefatigable writer gives the accounts of the early voyages.

We have but to give a passage or two from another author to show what a powerful weapon Dobbs wielded, and to see how he succeeded in reviving a question which had slumbered well nigh a hundred years, and which again became a living question in the nineteenth century.

This writer says: – "It would lead us far beyond our limits were we to chronicle all the reasons urged, and the attempts made to 'finde out that short and easie passage by the North-west, which we have hitherto so long desired.' Under the auspices of the 'Old Worthies' really – though ostensibly countenanced by kings, queens, and nobles – up rose a race of men, daring and enthusiastic, whose names would add honour to any country, and embalm its history.

"Commencing with the reign of Henry VII., we have first, John Cabot (1497), ever renowned; for he it was who first saw and claimed for the 'Banner of England,' the American continent. Sebastian, his son, follows in the next year – a name honourable and wise. Nor may we omit Master Robert Thorne of Bristol (1527); Master Hore (1536); and Master Michael Lok (1545), of London – men who knew 'cosmography' and the 'weighty and substantial reasons' for 'a discovery even to the North Pole.' For a short time Arctic energy changed its direction from the North-west to the North-east (discoveries of the Muscovy Company), but wanting success in that quarter, again reverted to the North-west. Then we find Martin Frobisher, George Best, Sir Humphrey Gilbert, James Davis, George Waymouth, John Knight, the cruelly treated Henry Hudson, James Hall, Sir Thomas Button, Fotherbye, Baffin and Bylot, 'North-west' Luke Fox, Thomas James, &c.

"Thus, in the course of sixty years – now breaking the icy fetters of the North, now chained by them; now big with high hope 'of the Passage,' then beaten back by the terrific obstacles, as it were, guarding it – notwithstanding, these men never faltered, never despaired of finally accomplishing it. Their names are worthy to be held in remembrance; for, with all their faults, all their strange fancies and prejudices, still they were a daring and glorious race, calm amid the most appalling dangers; what they did was done correctly, as far as their limited means went; each added something that gave us more extended views and a better acquaintance with the globe we inhabit – giving especially large contributions to geography, with a more fixed resolution to discover the 'Passage.' By them the whole of the eastern face of North America was made known, and its disjointed lands in the North, even to 77 deg. or 78 deg. N. Their names will last while England is true to herself."

Mr. Dobbs awakened much interest among persons of rank in England as to the desirability of finding a North-West Passage. Especially to the Lords of the Admiralty, on whom he had a strong hold, did he represent the glory and value of fitting out an expedition to Hudson Bay on this quest.

Dobbs mentions in his book the unwilling efforts of the Hudson's Bay Company to meet the demand for a wider examination of the Bay which took place a few years after the Peace of Utrecht. In 1719, Captain James Knight received orders from the Company to fit out an expedition and sail up the west coast of the Bay. This he did in two ships, the Albany frigate, Captain George Barlow, and the Discovery, Captain David Vaughan. Captain John Scroggs, in the ship Whalebone, two years afterward, sailed up the coast in search of the expedition. It is maintained by the opponents of the Company that these attempts were a mere blind to meet the search for a North-West Passage, and that the Company was averse to any real investigation being made.

It is of course impossible to say whether this charge was deserved or not. The fact that no practicable North-West Passage has ever been discovered renders the arguments drawn from the running of the tides, &c., of no value, and certainly justifies the Company to some extent in its inaction. The fact that in 1736 the Hudson's Bay Company yielded to the claim raised by Dobbs and his associates, is to be noted in favour of the Company's contention that while not believing in the existence of the North-West Passage, they were willing to satisfy the excited mind of the English public. Their expedition of the Churchill sloop, Captain Napper, and the Musquash sloop, Captain Crow, accomplished nothing in solving the question in dispute.

Disappointed with the efforts made by the Company at his request, Dobbs, in 1737, took in hand to organize an expedition under Government direction to go upon the search of the "Passage." At this time he opened communication with Captain Christopher Middleton, one of the best known captains in the service of the Hudson's Bay Company. Middleton, being satisfied with the Company's service, refused to leave it. Dobbs then asked him to recommend a suitable man, and also arranged with Middleton to be allowed to examine the records kept of his voyages, upon the Hudson's Bay Company ships. This, however, came to nothing.

About 174 °Captain Middleton had cause to differ with the Company on business matters, and entertained Dobbs' proposition, which was that he should be placed in command of a British man-of-war and go in search of the long-sought North-West Passage. Middleton gave the Hudson's Bay Company a year's notice, but found them unwilling to let him retire.

He had taken the step of resigning deliberately and adhered to it, though he was disappointed in his command not being so remunerative as he expected. In May, 1741, Captain Middleton received his orders from the Lords of the Admiralty to proceed upon his journey and to follow the directions given him as to finding a North-West Passage. These had been prepared under Dobbs' supervision. Directions are given as to his course of procedure, should he reach California, and also as to what should be done in case of meeting Japanese ships. Middleton was placed in charge of Her Majesty's sloop the Furnace, and had as a companion and under his orders the Discovery Pink, William Moore, Master. In due time, Hudson Bay was reached, but in August the season seemed rather late to proceed northward from "Cary's Swan's Nest," and it was decided to winter in the mouth of Churchill River.

On July 1st, 1742, the expedition proceeded northward. Most complete observations were made of weather, land, presence of ice, natives of the coast, depth of bay, rivers entering bay, tides, and any possible outlets as far as 88 deg. or 89 deg. W. longitude. Observations were continued until August 18th, when the expedition sailed home to report what it had found.

Captain Middleton read an important paper on "The Extraordinary Degrees and Surprising Effects of Cold in Hudson Bay," before the Royal Society in London.

No sooner had Middleton reached the Orkneys on his return voyage than he forwarded to Dobbs, who was in Ireland, a letter and an abstract of his journal. Lest this should have gone astray, he sent another copy on his arrival in the Thames. The report was, on the whole, discouraging as to the existence of a north-west passage.

Dobbs, however, was unwilling to give up his dream, and soon began to discredit Middleton. He dealt privately with the other officers of the ships, Middleton's subordinates, and with surprising skill turned the case against Captain Middleton.

The case of Dobbs against Captain Middleton has been well stated by John Barrow. Middleton was charged with neglect in having failed to explore the line of coast which afforded a probability of a passage to the north-west. The principal points at issue appear to have been in respect to the following discoveries of Middleton, viz. the Wager River, Repulse Bay, and the Frozen Strait. As regards the first, Mr. Dobbs asserted that the tide came through the so-called river from the westward; and this question was settled in the following year by Captain Moore, who entirely confirmed Captain Middleton's report.

Repulse Bay, which well deserves the name it bears, was no less accurately laid down by Captain Middleton, and of the Frozen Strait, Sir Edward Parry remarks, "Above all, the accuracy of Captain Middleton is manifest upon the point most strenuously urged against him, for our subsequent experience has not left the smallest doubt of Repulse Bay and the northern part of Welcome Bay being filled by a rapid tide, flowing into it from the eastward through the Frozen Strait."

Dobbs, by a high order of logic chopping, succeeded in turning the case, for the time being, against Captain Middleton. Seldom has greater skill been used to win a cause. He quotes with considerable effect a letter by Sir Bibye Lake, addressed to the Governor of the Prince of Wales Fort, Churchill River, reading: "Notwithstanding an order to you, if Captain Middleton (who is sent ahead in the Government's service to discover a passage north-west) should by inevitable necessity be brought into real distress and danger of his life and loss of his ship, in such case you are then to give him the best assistance and relief you can." Dobbs' whole effort seems to be to show that Middleton was hiding the truth, and this, under the influence of his old masters, the Hudson's Bay Company. A copy of Dobbs' Criticisms, laid before the Lords of the Admiralty, was furnished Captain Middleton, and his answer is found in "Vindication of the Conduct," published in 1743.

"An Account of the Countries adjoining to Hudson Bay" by Arthur Dobbs, Esq., is a book published in the year after, and is really a book of note. A quarto, consisting of upwards of 200 pages, it showed a marvellous knowledge of colonization in America, of the interior of the continent at that time, and incidentally deals with Captain Middleton's journal. Its account of the journey of "Joseph La France, a French Canadese Indian," from Lake Superior by way of Lake Winnipeg to Hudson Bay, is the first detailed account on record of that voyage being made. Evidently Arthur Dobbs had caught the ear of the English people, and the Company was compelled to put itself in a thorough attitude of defence.

Dobbs with amazing energy worked up his cause, and what a writer of the time calls, "The long and warm dispute between Arthur Dobbs, Esq. and Captain Middleton," gained much public notice. The glamour of the subject of a north-west passage, going back to the exploits of Frobisher, Baffin, and Button, touched the national fancy, and no doubt the charge of wilful concealment of the truth made against the Hudson's Bay Company, repeated so strenuously by Dobbs, gained him adherents. Parliament took action in the matter and voted 20,000l. as a reward for the discovery of a north-west passage. This caused another wave of enthusiasm, and immediately a subscription was opened for the purpose of raising 10,000l. to equip an expedition for this popular enterprise. It was proposed to divide the whole into 100 shares of 100l. each. A vigorous canvass was made to secure the amount, and the subscription list bears the names of several nobles, an archbishop, a bishop, and many esquires. A perusal of the names suggests that a number of them are Irish, and no doubt were obtained by Mr. Dobbs, who was often at Lisburn in Ireland. The amount raised was 7,200l. The expedition, we hear afterwards, cost upwards of 10,000l., but the money needed was, we are told, willingly contributed by those who undertook the enterprise. Mr. Dobbs, as was suitable, was a leading spirit on the Committee of Management.

Two ships were purchased by the Committee, the Dobbs galley, 180 tons burden, Captain William Moore, and the California, 140 tons, Captain Francis Smith. On May 24th, 1746, the two vessels, provisioned and well fitted out for the voyage, left the mouth of the Thames, being in company with the two ships of the Hudson's Bay Company going to the Bay, the four ships being under the convoy of the ship Loo, of forty guns, as France was at this time at war with England. The voyage was rather prosperous, with the exception of a very exciting incident on board the Dobbs galley. A dangerous fire broke out in the cabin of the vessel, and threatened to reach the powder-room, which was directly underneath, and contained "thirty or forty barrels of powder, candles, spirits, matches, and all manner of combustibles." Though, as the writer says, "during the excitement, you might hear all the varieties of sea eloquence, cries, prayers, curses, and scolding, mingled together, yet this did not prevent the proper measures being taken to save the ship and our lives."

The story of the voyage is given to us in a very interesting manner by Henry Ellis, gentleman, agent for the proprietors of the expedition. Though nearly one hundred pages are taken up with the inevitable summaries of "The Several Expeditions to discover a North-West Passage," yet the remaining portion of the book is well written. After the usual struggle with the ice in Hudson Strait, as it was impossible to explore southward during the first season, the Dobbs galley and the California sailed for Port Nelson, intending to winter there. They arrived on August 26th. Ellis states that they were badly received by the Hudson's Bay officers at the first. They, however, laid up their ships in Hayes River, and built an erection of logs on the shore for the staff. The officers' winter quarters were called "Montague House," named after the Duke of Montague, patron of the expedition. After a severe winter, during which the sailors suffered with scurvy, and, according to Ellis, received little sympathy from the occupants of York Fort, the expedition left the mouth of the Hayes River on June 24th, to prosecute their discovery. After spending the summer coasting Hudson Bay and taking careful notes, the officers of the vessels gladly left the inhospitable shore to sail homeward, and the two ships arrived in Yarmouth Roads on October 14th, 1747.

"Thus ended," says Ellis, "this voyage, without success indeed, but not without effect; for though we did not discover a north-west passage … we returned with clearer and fuller proofs … that evidently such a passage there may be." It will be observed that Ellis very much confirms Captain Middleton's conclusions, but Mr. Dobbs no doubt made the best of his disappointment, and, as we shall see, soon developed what had been from the first his real object, the plan for founding a rival company.

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