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CHAPTER VIII

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Petition of Red River settlers. – Their requests, from 1 to 14. – Names. – Governor Christie’s reply. – Company’s reply. – Extract from minutes. – Resolutions, from 1 to 9. – Enforcing rules. – Land deed. – Its condition. – Remarks.

Before closing this subject we must explain our allusion to the Red River settlement, and in so doing illustrate and prove beyond a doubt the settled and determined policy of that organization to crush out their own, as well as American settlements, – a most unnatural, though true position of that company. It will be seen, by the date of the document quoted below, that, four years previous, that company, in order to deceive the English government and people in relation to the settlement on the Columbia River, and also to diminish the number of this Red River colony, had, by direction of Sir George Simpson, sent a part of it to the Columbia department. The remaining settlers of Rupert’s Land (the Selkirk settlement) began to assert their right to cultivate the soil (as per Selkirk grant), as also the right to trade with the natives, and to participate in the profits of the wild animals in the country. The document they prepared is a curious, as well as important one, and too interesting to be omitted. It reads as follows: —

“Red River Settlement,

“August 29, 1845.

“Sir, – Having at this moment a very strong belief that we, as natives of this country, and as half-breeds, have the right to hunt furs in the Hudson’s Bay Company’s territories whenever we think proper, and again sell those furs to the highest bidder, likewise having a doubt that natives of this country can be prevented from trading and trafficking with one another, we would wish to have your opinion on the subject, lest we should commit ourselves by doing any thing in opposition either to the laws of England or the honorable company’s privileges, and therefore lay before you, as governor of Red River settlement, a few queries, which we beg you will answer in course.

Query 1. Has a half-breed, a settler, the right to hunt furs in this country?

“2. Has a native of this country, not an Indian, a right to hunt furs?

“3. If a half-breed has the right to hunt furs, can he hire other half-breeds for the purpose of hunting furs? Can a half-breed sell his furs to any person he pleases?

“5. Is a half-breed obliged to sell his furs to the Hudson’s Bay Company at whatever price the company may think proper to give him?

“6. Can a half-breed receive any furs, as a present, from an Indian, a relative of his?

“7. Can a half-breed hire any of his Indian relatives to hunt furs for him?

“8. Can a half-breed trade furs from another half-breed, in or out of the settlement?

“9. Can a half-breed trade furs from an Indian, in or out of the settlement?

“10. With regard to trading or hunting furs, have the half-breeds, or natives of European origin, any rights or privileges over Europeans?

“11. A settler, having purchased lands from Lord Selkirk, or even from the Hudson’s Bay Company, without any conditions attached to them, or without having signed any bond, deed, or instrument whatever, whereby he might have willed away his right to trade furs, can he be prevented from trading furs in the settlement with settlers, or even out of the settlement?

“12. Are the limits of the settlement defined by the municipal law, Selkirk grant, or Indian sale?

“13. If a person can not trade furs, either in or out of the settlement, can he purchase them for his own and family use, and in what quantity?

“14. Having never seen any official statements, nor known, but by report, that the Hudson’s Bay Company has peculiar privileges over British subjects, natives, and half-breeds, resident in the settlement, we would wish to know what those privileges are, and the penalties attached to the infringement of the same.

“We remain your humble servants,

“Alexander Christie, Esq.,

“Governor of Red River Settlement.”

Governor Christie’s reply to these inquiries was so mild and conciliatory that it will not add materially to our knowledge of the company to give it. But the eight rules adopted by the company in council let us into the secret soul of the monstrosity, and are here given, that Americans may be informed as to its secret workings, and also to show what little regard an Englishman has for any but an aristocratic or moneyed concern.

“Extracts from minutes of a meeting of the Governor and Council of Rupert’s Land, held at the Red River settlement, June 10, 1845

Resolved, 1st, That, once in every year, any British subject, if an actual resident, and not a fur trafficker, may import, whether from London or from St. Peter’s, stores free of any duty now about to be imposed, on declaring truly that he has imported them at his own risk.

“2d. That, once in every year, any British subject, if qualified as before, may exempt from duty, as before, imports of the local value of ten pounds, on declaring truly that they are intended exclusively to be used by himself within Red River settlement, and have been purchased with certain specified productions or manufactures of the aforesaid settlement, exported in the same season, or by the latest vessel, at his own risk.

“3d. That once in every year, any British subject, if qualified as before, who may have personally accompanied both his exports and imports, as defined in the preceding resolution, may exempt from duty, as before, imports of the local value of fifty pounds, on declaring truly that they are either to be consumed by himself, or to be sold by himself to actual consumers within the aforesaid settlement, and have been purchased with certain specified productions or manufactures of the settlement, carried away by himself in the same season, or by the latest vessel, at his own risk.

“4th. That all other imports from the United Kingdom for the aforesaid settlement, shall, before delivery, pay at York Factory a duty of twenty per cent. on their prime cost; provided, however, that the governor of the settlement be hereby authorized to exempt from the same all such importers as may from year to year be reasonably believed by him to have neither trafficked in furs themselves, since the 8th day of December, 1844, nor enabled others to do so by illegally or improperly supplying them with trading articles of any description.

“5th. That all other imports from any part of the United States shall pay all duties payable under the provisions of 5 and 6 Vict., cap. 49, the Imperial Statute for regulating the foreign trade of the British possessions in North America; provided, however, that the governor-in-chief, or, in his absence, the president of the council, may so modify the machinery of the said act of Parliament, as to adapt the same to the circumstances of the country.

“7th. That, henceforward, no goods shall be delivered at York Factory to any but persons duly licensed to freight the same; such licenses being given only in cases in which no fur trafficker may have any interest, direct or indirect.

“8th. That any intoxicating drink, if found in a fur trafficker’s possession, beyond the limits of the aforesaid settlement, may be seized and destroyed by any person on the spot.

“Whereas the intervention of middle men is alike injurious to the honorable company and to the people; it is resolved,

“9th. That, henceforward, furs shall be purchased from none but the actual hunters of the same.

“Fort Garry, July 10, 1845.”

Copy of License referred to in Resolution 7

“On behalf of the Hudson’s Bay Company, I hereby license A. B. to trade, and also ratify his having traded in English goods within the limits of Red River settlement. This ratification and this license to be null and void, from the beginning, in the event of his hereafter trafficking in furs, or generally of his usurping any whatever of all the privileges of the Hudson’s Bay Company.”

It was to save Oregon from becoming a den of such oppressors and robbers of their own countrymen, that Whitman risked his life in 1842-3, that the provisional government of the American settlers was formed in 1843, that five hundred of them flew to arms in 1847, and fought back the savage hordes that this same Hudson’s Bay Company had trained, under the teaching of their half-breeds and Jesuit priests, to sweep them from the land. Is this so? Let us see what they did just across the Rocky Mountains with their own children, as stated by their own witnesses and countrymen.

Sir Edward Fitzgerald says of them, on page 213: —

“But the company do not appear to have trusted to paper deeds to enforce their authority.

“They were not even content with inflicting fines under the form of a hostile tariff; but, as the half-breeds say, some of the fur traders were imprisoned, and all the goods and articles of those who were suspected of an intention to traffic in furs were seized and confiscated.

“But another, and even more serious attack, was made on the privileges of the settlers.

“The company being, under their charter, nominal owners of the soil, dispose of it to the colonists in any manner they think best. A portion of the land in the colony is held from Lord Selkirk, who first founded the settlement.

“Now, however, the company drew up a new land deed, which all were compelled to sign who wished to hold any land in the settlement.”

This new land deed, above referred to, is too lengthy and verbose to be given entire; therefore we will only copy such parts as bind the settlers not to infringe upon the supposed chartered rights of the Hudson’s Bay Company.

The first obligation of the person receiving this deed was to settle upon the land within forty days, and, within five years, cause one-tenth part of the land to be brought under cultivation.

The second: “He, 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 persons 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” – Here are enumerated a long list of political duties pertaining to the citizen.

The deed in its third condition says: “And also that he [the said receiver of the deed], his executors, administrators, and assigns, shall not nor will, without the license or consent of the said governor and company for that purpose first obtained, carry on or establish, in any part of North America, any trade or traffic in, or relating to, any kind of skins, furs, peltry, or dressed leather, nor in any manner, directly or indirectly, aid or abet any person or persons in carrying on such trade or traffic.” – Here follows a long lingo, forbidding the settler to buy, make, or sell liquors in any shape on his lands, and requiring him, under pain of forfeiture of his title, to prevent others from doing so, and binding the settler, under all the supposed and unsupposed conditions of obligation, not to supply or allow to be supplied any articles of trade to any unauthorized (by the company) person supposed to violate their trade, including companies “corporate or incorporate, prince, power, potentate, or state whatsoever, who shall infringe or violate, or who shall set about to infringe or violate the exclusive rights, powers, privileges and immunities of commerce, trade, or traffic, 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, under their charter or charters, without the license or consent of the said governor and company and their successors, for the time being, first had and obtained.

“And, lastly,” – here follows a particular statement asserting that for the violation of any one of the thousand and one conditions of that deed, the settler forfeits to the company his right to the land, which reverts back to the company.

Our country delights to honor the sailor and soldier who performs a good, great, or noble act to save its territory from becoming the abode of despotism, or its honor from the taunt of surrounding nations. In what light shall we regard the early American missionaries and pioneers of Oregon?

It is true they heard the call of the oppressed savage for Christian light and civilization. They came in good faith, and labored faithfully, though, perhaps, mistaking many of the strict duties of the Christian missionary; and some, being led astray by the wiles and cunning of an unscrupulous fur monopoly, failed to benefit the Indians to the extent anticipated; yet they formed the nucleus around which the American pioneer with his family gathered, and from which he drew his encouragement and protection; and a part of these missionaries were the leaders and sustainers of those influences which ultimately secured this country to freedom and the great Republic.

The extracts from the deed above quoted show what Oregon would have been, had the early American missionaries failed to answer the call of the Indians, or had been driven from the country; or even had not Whitman and his associates separated, the one to go to Washington to ask for delay in the settlement of the boundary question, the others to the Wallamet Valley to aid and urge on the organization of the provisional government.

A History of Oregon, 1792-1849

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