Queen Anne Espouses the Cause of the Company—Prior's View of its Wants—Treaty of Utrecht—Joy of the Adventurers—Petition for Act of Cession—Not Pressed by the British Government—Governor Knight Authorized to take Possession of Port Nelson—"Smug Ancient Gentlemen"—Commissioners to Ascertain Rights—Their Meeting in Paris—Matters move slowly—Bladen and Pulteney return to England.

At last the Company had triumphed. Its rights had been admitted; the Queen and her ministers were convinced of the justice of its claims.[47] Peace, long and anxiously awaited, began to dawn over the troubled horizon. Lewis and his courtiers had long sickened of the war: and at the Flemish town of Utrecht negotiations were on foot for a cessation of hostilities and the adjustment of differences between the crowns of England and France.

The view which Matthew Prior, the English plenipotentiary, took of the Company's rights was not one, however, inspired by that body. He wanted the trade of the country, rather than the sovereignty.

"I take leave to add to your lordship," he observes at the end of a communication addressed to the Secretary of State, "that these limitations are not otherwise advantageous or prejudicial to Great Britain than as we are both better or worse with the native Indians; and that the whole is a matter rather of industry than of dominion."

These negotiations finally resulted in a treaty signed on the 31st of March (O.S.), 1713, by which the whole of Hudson's Bay was ceded to Great Britain without any distinct definition of boundaries, for the determining of which commissioners were to be appointed.

Effect of the Treaty on the Company.

On the news of the conclusion of the Treaty, the Adventurers were filled with joy. The Committee was in session when a messenger came hot haste from Whitehall to bear the glad tidings. A General Court was convoked for several days later. Plans were concerted for securing the very most that the circumstances would allow. It was necessary to secure the Act of Cession which it was supposed would be issued by Lewis, ceding to Great Britain the places on Hudson's Bay, the Company being regarded merely in the light of sub-ordinary subjects. Many of the members wished to press at once for pecuniary compensation, but the wiser heads agreed that this would best be a matter for subsequent negotiation. Many thought indeed that perhaps there need be no haste in the matter, as the interest on the original estimate of damages, already nearly double the principal, was growing daily at an enormous rate.

"As to the Company's losses," says a memorandum of this year, "it will appear by a true and exact estimate that the French took from the Company in full peace between 1682 and 1688 seven ships, with their cargoes, and six forts and caches in which were carried away great stores of goods laid up for trading with the Indians. The whole amounts to £38,332 15s., and £62,210 18s. 9d. interest, computed to 1713."

Company's claim for compensation.

Under date of 30th July, 1714, occurs the following: "The Committee having received a letter from the Lords Commissioners of Trade, and they desiring their attendance on Tuesday next, and to bring in writing the demands of the Co. for damages rec'd from the French in times of peace pursuant to the 10th & 11th Articles of the Treaty of Utrecht. Upon which the Secretary is ordered to Copy out the Abstract of the whole damage sustained, amounting to with Interest the sum of £100,543-13-9; as likewise the particulars in these small volumes in order to present the same to the Commission of Trade on Wednesday next."

It does not seem to have been doubted but that the Queen, if petitioned, would grant the Company's request in time to send an expedition to the Bay that very year.[48]

But while vessels were being acquired, fitted out and loaded with cargoes, the Company was wise enough not to run the risk of falling into a trap. Nothing was to be done without the fullest royal authority.

It is worthy of remark as illustrating how much the Company trusted the Canadian authorities, Bolingbroke (May 29, 1713) reminded the Duke of Shrewsbury (then at Paris) that in Pontchartrain's letter to the Marquis de Vaudreuil, Governor of Canada, the latter was directed to yield the forts and settlements belonging to the Hudson's Bay Company: "But this order the Merchants thought would hardly fulfil their requirements. They were despatching two ships to the Bay. It would therefore be better if his grace obtained direct order to M. JÉrÉmie in duplicate."

No Act of Cession.

But the Act of Cession eagerly awaited by the Company was not forthcoming. The Queen's advisers were wiser than anybody else. Lord Dartmouth's letter[49] of the 27th May, 1713, enclosing the petition of the Hudson's Bay Company, shows what was the design in not accepting an Act of Cession from the French King. Her Majesty insisted only upon an order from the French Court for delivering possession; "by which means the title of the Company was acknowledged, and they will come into the immediate enjoyment of their property without further trouble."

The summer of 1713 came on apace, and it was soon too late to think of occupying Port Nelson that year. But all was made ready for the next. On the 5th of June, 1714, many of the Adventurers hied themselves to Gravesend, to wish Governor Knight and his deputy, Henry Kelsey, godspeed. "The Committee," we read in the minutes, "delivered to Captain Knight, Her Majesty's Royal Commission, to take possession (for the Company) of York Fort, and all other places within the Bay and Straits of Hudson. Also another Commission from Her Majesty constituting him Governor under the Company, and Mr. H. Kelsey, Deputy Governor of the Bay and Straits of Hudson, aforesaid."

Knight took with him, likewise, "the French King's order under his hand and seal, to Mons. JÉrÉmie, Commander at York Fort, to deliver the same to whom Her Majesty should appoint, pursuant to the Treaty of Utrick."

Knight's eyes, now dimmed with age, were gladdened by the sight of Port Nelson, on the 25th of July. JÉrÉmie was already advised by the French ship, and no time was lost in evacuation. A bargain was made for such buildings and effects as the French had no further use for, which had been beforehand arranged. "From his particular regard for the Queen of Great Britain, the King will leave to her the artillery and ammunition in the forts and places in Hudson's Bay and Straits, notwithstanding the urgent reasons His Majesty has to withdraw them, and to appropriate them elsewhere." The cannon were accordingly left.

Regulation of boundary.

By Article X of the Treaty of Utrecht it was proposed, in order to avoid all further conflict and misunderstanding, that commissioners should be appointed to regulate the boundaries of Hudson's Bay and the extent of the trade thereof, which should be enjoyed by each.[50] But no great haste was apparent on the part of France to secure this end. For several years nothing was done in the matter, save and except the persistent exchange of letters between the two ambassadors. There is a letter of Bolingbroke's which evinces the feeling current in diplomatic circles at the time.

"There is nothing more persistent in the world," he says, "than these claims of the Hudson's Bay Company. We are desirous greatly to see all these smug ancient gentlemen satisfied; but notwithstanding we are unable to budge an inch. The truth of the business seems to me to be that the French are always hoping that their ultimate concessions will be less and the English that these concessions will be vastly more. As for ourselves we have no desire to play with frost; and I for one shall be relieved to see this question thawed out without further delay."

Lewis had consented, at the time of the Peace, to afterwards name two commissioners who should give possession to such of the English, as proved that they were actual proprietors, or the heirs of proprietors of those who had in a former time possessed property in the Bay. This seemed to provide for the Company's rights in a manner most satisfactory.

Appointment of a Commission.

Nevertheless matters dragged on, and it was not until 1719 that a practical movement was made. On the 3rd of September of that year, Daniel Pulteney and Martin Bladen, Lords of Trade, were appointed Commissioners in response to the appointment by Lewis of the Mareschal Comte d'Estrees and the AbbÉ Dubois, Minister and Secretary of State. Pulteney was an Indian merchant, and Bladen had been an officer in the army.

The Lords of Trade having made the suggestion, the Company now wished their Governor, Sir Bibye Lake, to go over to Paris the "more earnestly to solicit and prosecute the claims of the Honourable Adventurers."

"It is by this Committee desired most humbly of the Governor to accept and undertake this journey and to manage the Company's affairs there, as he shall judge most conducive to their interest and advantage. Which, being signified to the Governor, he did, to the great satisfaction of the Committee readily undertake and accept the same. It was ordered that the Governor have liberty to take with him such person or persons to France as he shall think fit."

Lake accordingly joined Bladen and Pulteney, and was permitted to take a silent part in the conference.

It was intended that this Commission, meeting in Paris, should have power to settle generally the boundaries between the English and French possessions in America. But this was soon seen to be impracticable. The settlement of these matters was too vast and complicated for the Commission to deal with; and the Lords of Trade instructed Bladen, on his setting out, to deal only with the Hudson's Bay territories. It is significant that private instructions of a similar nature were at the same time conveyed to the French Commissioners by the Court.

The Commissioners finally met. Perhaps it would be a pity if Bladen's own quaint account of what followed were allowed to perish:—

Martin Bladen's description of the Commission.

There is, further, much talk of a "multiplicity of books and papers necessary to be read," and of "arduous labours" in going over maps, charts and memoirs, which, however numerous, "are not to be depended on."[51]

While this initial work was going on, one of the adventurers was entreating his fellows at a Company meeting in London, to take note of a scheme which the French had been insidiously attempting for the previous four years to utterly destroy not only the Company's trade, but all the English colonies as well. He proceeded to read a private letter from a relation in the colony of Pennsylvania in which it was shewn that the Mississippi Company required close watching.

"Its leaders are egged on by the Jesuits, and will stop at no bloody measures to draw down trade from the Indians. Their projects must inevitably succeed if we are not watchful."

This was put forward as one potent reason why the French were complaisant about yielding us the Bay itself. It was but the shell they would surrender, whilst preserving to themselves the kernel.

This letter from the Pennsylvanian had its effect upon the easily-alarmed adventurers, for they lost no time in communicating their apprehensions to the Lords of Trade.

The matter was sent forward to Bladen and Pulteney. "It were heartily to be wished," the Company observed, "that in imitation of our industrious neighbours the French, some means can be determined upon to extend the trade in furs southwards."

In response, Bladen imparted a brilliant idea. He suggested that St. Augustine might be "reduced at a small cost," and advantage taken thereby of the war then in progress with Spain.

Matters went on in Paris as badly as could be. The English commissioners lost all patience. Nothing was in the air but John Law and his Mississippi scheme. The three distinguished Englishmen, Bladen, Pulteney and Lake, were dined and feted: but were at length disgusted with the whole business.[52] The "smug ancient gentlemen," as Bolingbroke had irreverently dubbed the Honourable Adventurers, were not to be satisfied in regard to the delimitation of boundaries and at this time. But perhaps even they had less interest in Hudson's Bay at heart than new interests which had dramatically arisen much nearer home.

Governor Lake was sent for suddenly from London, and Bladen and Pulteney were not long in following him.