CHAPTER XIII.

1689-1696.

Company's Claims Mentioned in Declaration of War -- Parliament Grants Company's Application for Confirmation of its Charter -- Implacability of the Felt-makers -- Fort Albany not a Success in the hands of the French -- Denonville urges an Attack upon Fort Nelson -- Lewis Despatches Tast with a Fleet to Canada -- Iberville's Jealousy prevents its Sailing to the Bay -- Governor Phipps Burns Fort Nelson -- Further Agitation on the part of the French to Possess the West Main -- Company Makes another attempt to Regain Fort Albany -- Fort Nelson Surrendered to Iberville -- Its Re-conquest by the Company.

Upon William the Third's accession to the throne, the Company renewed its claims to its property, and for reparation for the damages it had suffered at the hands of the French in time of peace.

"As to the article of the Company's losses, it will appear," it said, "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 factories, from which they carried away great stores of goods laid up for trading with the Indians. The whole amounts to £38,332 15s."

To such effect was this memorial presented to the King that William caused the hostile proceedings of Lewis in the Company's territory to be inserted in one of the articles of his Declaration of War, in these words:--

"But that the French King should invade our Caribbee Islands and possess himself of our territories of the Province of New York and Hudson's Bay, in hostile manner, seizing our forts, burning our subjects' houses and enriching his people with the spoil of our goods and merchandises, detaining some of our subjects under the hardships of imprisonment, causing others to be inhumanly killed, and driving the rest to sea in a small vessel without food or necessaries to support them, are actions not even becoming an enemy; and yet he was so far from declaring himself so, that at that very time he was negotiating here in England, by his Ministers, a treaty of neutrality and good correspondence in America."

Much has been made by later writers, hostile to the Company, of a circumstance which soon afterwards took place.

[Sidenote: The Company's charter confirmed.]

Owing to the state of public feeling in England towards the Stewarts at the time of the Revolution, the Company, keenly alive to the fact of the exiled king's having been so recently its Governor, sought at the beginning of William's reign to strengthen its position by an Act of Parliament for the charter granted by Charles II. Why, have asked its enemies, if the Company had the utmost confidence in its charter did it resort to the Lords and Commons to have it confirmed? And why was this confirmation limited to but seven years? I have already answered the first question; as to the second, the Company itself asked for no longer period. The proceeding was no secret; it was done openly. Parliament made but one stipulation, and that at the instance of the Felt-makers' Company; that the adventurers "should be obliged to make at least two sales of 'coat beaver' annually, and not exceeding four. These should be proportioned in lotts of about £100 sterling each, and not exceeding £200. In the intervals of public sales the Company should be debarred from selling beaver by private Contract, or at any price than was sett up at the last Publick sale."

The Company asked for a confirmation of its charter by Parliament as a prudent course in uncertain times; and also in order to more firmly establish its claim to reparation for damages. The nation's representatives saw no reason why they should not issue a confirmation; there being none, save the Felt-makers, to oppose it.

[Sidenote: The Company increases its capital.]

The charter being confirmed, it was decided that the nominal capital of the Company should be increased to £31,500, several good reasons being put forward in committee for thus trebling the stock. These reasons are quaintly enumerated as follows:

I--That the Company have actually in Warehouse above the value of their first original stock.

II--That they have set out an Expedition this Yeare in their Shipps and Cargoe to more than the Value of their First Stock again; the trading of which Goods may well be estimated, in expectation as much more.

III--That our Factories at Port Nelson River and New Severne are under an increasing Trade; and that our Returns in Beavers this yeare (by God's Blessing) are modestly expected to be worth 20,000_l._

IV--Our Forts, Factories, Guns and other Materials, the prospect of new Settlements and further Trade, are also reasonably to be estimated at a considerable intrinsic Value.

V--And lastly, our just Expectancy of a very considerable reparation and satisfaction from the French and the close of this War and the restoring our places and Trade at the Bottom of the Bay; which upon proof, hath been made out above 100,000_l._

Some years later the Treaty of Ryswick, in securing to the French the fruits of Iberville's victory, powerfully affected for ill the fortunes of the Company. Nevertheless, the whole nation was then in sympathy with its cause, knowing that but for the continued existence of the Honourable Adventurers as a body corporate the chances of the western portion of the Bay reverting to the English were small.

But the Felt-makers were implacable. They would like to have seen the beaver trade in their own hands. At the expiration of the seven years for which the confirmation was allowed, they again, as will be shown, evinced, yet vainly, their enmity.

Because this parliamentary confirmation was limited to so short a period, some writers have conjectured that at the expiration of that period the charter ceased to be valid. So absurd a conclusion would scarcely appear to stand in need of refutation. Could those who pretend to draw this inference have been ignorant that if some of the rights conferred by the charter required the sanction of Parliament, there were other rights conferred by it which required no such sanction, because they were within the prerogative of the Crown? Even assuming that at the end of the term for which the act of William and Mary was passed, such of the provisions of the charter (if there could be found any such) as derived their efficacy only from parliamentary support should be considered inefficient, still all the rights similar to those of the charters for former governments and plantations in America would continue to exist. That they were so regarded as existing is made evident by the repeated references to them in various subsequent international treaties and acts of Parliament. King George and his advisers completely recognized the Company as proprietors of a certain domain. In establishing the limits of the newly-acquired Province of Canada, it was enacted that it should be bounded on the north by "the territory granted to the Merchants-Adventurers of England trading into Hudson's Bay," a boundary which by statute was long to subsist.

Fort Albany did not prove a success in the hands of the French. The Quebec Company were losing money, and they had no ships. They were, besides, severely handicapped by physical conditions, owing to the inaccessibility of the Bay by land and the impracticability of carrying merchandise by the overland route. It seemed clear that, after all, the trade of the Bay could only be made profitable by sea.[23] The French were consequently most anxious to exchange the forts on James' Bay for Fort Nelson, because they were aware that better furs were to be had in the north; and because it would enable them to intercept the tribes who hunted about Lake Nepigon.

[Sidenote: Denonville plans the capture of Fort Nelson.]

Denonville is now found writing long despatches to Seignely, assuring him that their affairs at Hudson's Bay would prosper if the Northern Company continued to co-operate with and second the designs of Iberville, whose fixed resolve was to go and seize Fort Nelson. For that purpose Denonville regarded it as necessary that the Minister should inform M. de Lagny that the King desired the capture of that fort, and to "furnish Iberville with everything he requires to render his designs successful." The Governor himself thought one ship added to those they had captured in 1689 from the English would suffice. He sought to obtain for Iberville some honourable rank in the navy, as this would, he urged, excite honourable emulation amongst the Canadians who were ready to follow the sea. Denonville suggested a lieutenancy, adding his opinion that his young friend was "a very fine fellow, capable of rendering himself expert and doing good service." The plea of the Governor was successful and Lewis was pleased to confer upon Iberville the rank of lieutenant in the French Royal Navy, the first distinction of the kind then on record. It fired the blood and pride of not a few of the Canadian youth, one Peter Gauthier de Varennes amongst the rest. Many years later he, under the name of Verandrye, was the first of the great pioneers through the territories of the Great Company.

All negotiations for an exchange of forts having fallen through, the _Compagnie du Nord_ determined to make a valiant attempt to obtain their desires by force. For this purpose they made powerful application to the Court; and in the autumn of 1691 their petition resulted in the arrival at Quebec of Admiral Tast with no fewer than fourteen ships.

It was said in Quebec that while Lewis XIV. surprised his enemies by his celerity in taking the field in Europe, the vessels sent out to America by his order always started two or three months too late for Canada and the Bay. This tardiness, it was declared, was the sole cause of all the losses and want of success attending French enterprises in that part of the New World.[24]

However this may be, there was beyond question another and not less potent reason for the failure which overtook the proposed expedition of Tast on behalf of the Northern Company. Iberville's successes had up to this moment tended to bolster up the waning popularity of the Company in Canada. This popular hero had just returned from the Bay with 80,000 francs value in beaver skins, and 6,000 livres in small furs, but he now refused point blank to have anything to do with the expedition. He did not care to share such glory and profit as he might obtain with his own followers, with the Company and Admiral Tast.

Without this powerful auxiliary and the support of the populace, Tast's fleet abandoned its expedition to the Bay, and sailed away to Acadia and Newfoundland.

[Sidenote: Burning of Fort Nelson.]

Nevertheless, while Governor Phipps was in charge of Fort Nelson this year, a French frigate belonging to the enemy appeared at the entrance of Bourbon River. As it chanced that nearly the whole of his garrison were absent from the fort on a hunting expedition, it seemed to the Governor that armed resistance would be futile. Rather, therefore, than allow the fort to pass again into the hands of the French under circumstances so humiliating, he resolved to burn it, together with a large part of its merchandise, valued at about £8,000, well knowing that without the merchandise the French could not procure furs from the Indians.

Whilst the flames of the fort were ascending, Phipps and three men he had with him retreated into ambush and established themselves with some Indians in the interior.

The Frenchman landed, saw the perdition of his hopes in the ruin of the fort and its contents, and returned to the ship with a few hatchets and knives as the sole trophy of his enterprise.

On the arrival of the Company's ship in the spring however, York Factory was re-built stronger and on a larger scale than before.

Iberville at this time finds great cause of complaint in the fact of the French Company's poverty, and its inability to occupy the region after it had been won for them. More than a single ship was required; and a larger number of men in the vicinity of Fort Nelson would have served to keep the English off perpetually.

In 1693 the Northern Company petitioned Pontchartrain, who had succeeded Seignely at Court, respecting operations in the Bay. The Company declared that it could hold everything if it were only enabled to seize Fort Nelson; but that continued hostilities and losses had so weakened it as to oblige it to have recourse to his Excellency to obtain sufficient force in a suitable time to drive out the English.

In another petition it is alleged that this "single fort which remains in the possession of the English is of so much importance that the gain or loss of everything in Hudson's Bay depends upon it. The Company's establishment in Quebec, to carry on this commerce, claims anew the protection of your Excellency, that you may give it a sufficient force to enable it to become master of Fort Nelson, which the English took by an act of treason against this Company in time of peace. This they hope from the strong desire which you have for the aggrandizement of the kingdom, and from your affection for this colony."

Iberville crossed over to France, and met with a warm reception at Versailles. He unfolded his plans for the capture of Fort Nelson, stated what force he would require for this desirable purpose, and was promised two ships in the following spring.[25] Highly gratified with his success, he departed for home in the _Envieux_.

[Sidenote: The English regain Fort Albany.]

The Hudson's Bay Company now made another effort to regain its fort at Albany. Three powerfully armed ships wintered at Fort Nelson and sailed thither in the spring of 1693.[26] From all accounts that had been received, it was not believed that the rival French Company was in a position to maintain a very strong force for an all-winter defence, especially since the alienation of Iberville. Forty men were landed, and approaching the post were met by a brisk fire, which failed to check the English advance. Much to their own astonishment, they were permitted to close upon the fort without check, and a ruse was suspected. A cautious entrance was therefore made: the premises were found apparently deserted. But at length, in a corner of the cellar, emaciated and covered with rags, a human being a victim to scurvy was discovered. His arms and legs were fastened together, and a heavy chain kept him close to the wall. While they were marvelling at this discovery, some of the sailors came to inform the captain that three Frenchmen had been seen at a distance flying as fast as their legs would carry them. Captain Grimington was not long left in doubt as to the facts: these three Frenchmen had formed the garrison of the fort St Anne. The unlucky wretch they now beheld was a bushranger who, in a paroxysm of rage, had murdered the surgeon at the fort. Horrified, on recovering his reason, at what he had done, and fearing that the only witness of the deed, Father Dalmas, would betray him to the rest, he slew the priest also. The latter, with his expiring breath, disclosed his murderer, and the French, then ten in number, had chained the criminal in the cellar, not themselves relishing the task of his summary execution.

Iberville did not leave Quebec until the tenth[27] of August, and arrived at Fort Nelson, September 24th. Almost immediately he disembarked with all his people, also with cannons, mortars and a large quantity of ammunition. Batteries were thrown up about five hundred yards from the palisades, and upon these guns were mounted.[28] A bombardment now took place, lasting from the 25th of September to the 14th of October, when the governor was forced to surrender, owing to the danger of a conflagration as well as to the loss of several of his best men. On this occasion young Henry Kelsey[29] showed great bravery, and a report of his gallantry being forwarded to the Company, he was presented with the sum of forty pounds as a token of their appreciation. This youth was destined to be long in the service of the Company, as first in command at Fort Nelson.

[Sidenote: Iberville takes Fort Nelson.]

Iberville accomplished his entry on the fifteenth of October. The French standard was hoisted and the fort christened Bourbon, and it being St. Theresa's Day, the river was given the name of that saint. The enemy did not come out of this business unscathed; they having lost several of their men, including a brother of Iberville.

Some of the English were kept prisoners, while others made their way as best they could to New Severn and Albany. At the time of the surrender, the fort was well furnished with merchandise and provisions, and this circumstance induced the French to remain for the winter, before returning to France.

On the 20th of the following July, Iberville departed for the straits in his two vessels, the _Poli_ and _Salamandre_. He left sixty-seven men under the command of La Forest. Martigny became lieutenant, and Jérémie was appointed ensign, with the additional functions of interpreter and "director of commerce."

La Forest and his men were not long to enjoy security of trade and occupation however. A meeting of the Hudson's Bay Company was held the moment these outrages were reported. The King was besought to send a fleet of four ships to the rescue and recapture of Fort Nelson. But it was too late to sail that year. News of the proposed despatch of an English fleet having reached France, Serigny was sent in June, 1696, with two of the best craft procurable at Rochelle. Sailing three days before the English, the two French ships arrived two hours too late. It was instantly perceived that they were no match for the English, and accordingly they discreetly withdrew. As the Company's vessels occupied the mouth of the river, there was no safe landing place at hand. Both ships set sail again for France; but one, the _Hardi_, was destined never to reach her destination. She probably ran against ice at the mouth of the straits and went to the bottom with all on board.

[Sidenote: Fort Nelson surrenders to the English fleet.]

The English commenced the attack on the fort August 29th. On the following day it was decided to land, and the French, seeing the strength of their force, had no alternative but surrender. Perchance by way of retaliation for the affairs of Albany and New Severn, the provisions of capitulation[30] were disregarded; all the French were made prisoners and carried to England. Possession was taken of a vast quantity of furs, and the English returned, well satisfied with their exploit; but not ignorant of the difficulties which surrounded the maintenance of such a conquest.

FOOTNOTES:

[23] It has been truly observed that the protracted and bloody contest between the French and English for the possession of the Bay was the result of a desire of the Governor to have access to those waters, and the resolve of the latter to defeat this purpose. "The truth is," says Mr. Lindsay, "the fur trade was only profitable when carried on by water." At Quebec or Three Rivers forty beaver skins made a canoe load. A single canoe load of northern furs was worth six of the southern.

[24] Charlevoix.

[25] Although by this action the French Court directly participated in and lent its support to the hostilities against the English, yet to all intents and purposes the war was between two commercial corporations.

The ruling spirits of the Northern Company were not unaware of the importance and power of the enemy they had to deal with. In a pamphlet published in France in 1692 there is amusing testimony to the consideration in which the London Company was held by the French.

"It is composed," says this authority, "of opulent merchants and noblemen of the first quality; and it is known that the King himself is part proprietor, having succeeded to that emolument with the other belongings to King James II. So great are its profits that each member is worth at least £5,000 English sterling above what he was before he embarked in the fur traffic. There can be no secrecy about its intention, which is to subvert and subjugate the whole northern Country to its sway."

[26] The expedition which thus wrested away from the French all the forts at the bottom of the Bay was in charge of Captain Grimington, an experienced naval officer, who had seen service in the late wars.

I have not been able to ascertain Grimington's fate, but in the Company's minute-book, under date of 19th of May, 1714, I find the following entry:--

"Mrs. Ann Grimington, widow of Captain Michael Grimington, deceased, having delivered in her petition to the Company, the same was read, and considering her poverty and the faithful services her husband performed for the Company, the Committee agreed to allow the said Mrs. Grimington twelve shillings per month for her subsistence, which the secretary is ordered to pay her every first Monday in the month, to commence the first Monday in June next. Interim, the secretary is ordered to pay her twenty shillings as charity, which is afterwards to be taken out of the poor-box." This is sufficiently strong evidence of the state into which the Company had fallen.

[27] To illustrate the divergence of authorities in such matters, I may mention that while Jérémie, who took part in this expedition, calls the two ships the _Poli_ and _Charente_, in which he is followed by Abbé Ferland. Father Marest, the aumonier of the crew, refers to the second ship as the _Salamandre_. His relation is entitled "Le Voyage du _Poli_ et _Salamandre_." In the letter of Frontenac to the French minister (November 5, 1694) it is stated that Serigny commanded the _Salamandre_. _La Potherie_ observes that the ships sent out in 1694 were the _Poli_ and _Salamandre_. Furthermore, he declares, they sailed the 8th of August; Frontenac states the 9th, and Jérémie the 10th (_Jour de St. Laurent_). _La Potherie_ and Jérémie agree on the date of their arrival, September 24th, although Ferland says it was the 20th.

[28] Jérémie gives us a detailed description of the fort in his "Relation." He says it was composed of four bastions, which formed a square of thirty feet, with a large stone house above and below. In one of these bastions was the storeroom for furs and merchandise, another served for provisions; a third was used by the garrison. All were built of wood. In a line with the first palisade there were two other bastions, in one of which lodged the officers, the other serving as a kitchen and forge. Between these two bastions was a crescent-shaped earthworks sheltering eight cannon, firing eight-pound balls, and defending the side of the fort towards the river. At the foot of this earthworks was a platform, fortified by six pieces of large cannon. There was no butt-range looking out upon the wood, which was a weak point; all the cannon and swivel-guns were on the bastions. In all, the armament consisted of thirty-two cannon and fourteen swivel-guns outside the fort and fifty-three inside; on the whole, calculated to make a stalwart defence.

[29] Kelsey was the earliest English explorer in the North-West. Mention of his achievements will be found in the course of Chapter XV.

[30] Allen sent home to his superiors a copy of the capitulation proposals of the French Commandant. This document is not without interest. It is headed:--

CAPITULATION OF FORT YORK, 1696.

Articles of capitulation between William Allen, Commandant-in-Chief at Hays, or St. Therese River, and Sieur G. de la Forest, Commandant at Fort York or Bourbon, August 31, 1696.

I consent to give up to you my fort on the following conditions:--

1. That I and all my men, French as well as Indians, and my English servant, shall have our lives and liberty granted to us, and that no wrong or violence shall be exercised upon us or whatever belongs to us.

2. We shall march out of the fort without arms, to the beat of the drum, match lighted, ball in mouth, flags unfurled, and carry with us the two cannon which we brought from France.

3. We shall be transported altogether, in our own vessel, to Plaisance, a French Port in New Newfoundland. We do not wish to give up the fort till we have embarked, and we shall keep the French flag over the fort till we march out.

4. If we meet with our vessels there shall be a truce between us, and it shall be permitted to transport us with whatever belongs to us.

5. We shall take with us all the beaver skins and other merchandise obtained in trade this year, which shall be embarked with us upon our vessels.

6. All my men shall embark their clothes and whatever belongs to them without being subject to visitation, or robbed of anything.

7. In case of sickness during the voyage, you shall furnish us with all the remedies and medicines which we may require.

8. The two Frenchmen, who ought to return with the Indians, shall be received in the fort on their return, where they shall be treated the same as the English, and sent to Europe during the same year, or they shall be furnished with everything necessary to take them to Rochelle.

We shall have the full exercise of our religion, and the Jesuit priest, our missionary, shall publicly perform the functions of his ministry.