The Labrador Boundary


Privy Council Documents


Volume VII
Contents




1 Ibid,Vol. III
pp.178-179.

2 License by Hope,
15 September, 1785.

3 Marcoux to
Perrault,
16 June 1784.

4 Clearance at
Custom House,
Quebec,
7 September, 1787.

5 Report of the
Committee of the
Legislative Council 25 June, 1787.

6 Minutes of
Legislative Council,
24 January, 1788.



7 Petition of George
Plante,
1 September, 1788.


8 Peremptory excep-
tion of Pierre
Marcoux,
11 September, 1788.
9 Depositions by,
Trahan and Vachon,
before Deschenaux,
at Quebec,
11 September, 1788.

10 Statement by
George Plante,
Cour de la Paix,
Quebec,
21 August, 1789.

11 Plea by Pierre
Marcoux, fyled by
Panet,
25 August, 1789.

1 Depositions by
Trahan and Vachon,
before Deschenaux
at Quebec,
11 September, 1788.

2 Plea by Pierre
Marcoux, fyled by
Panet,
25 August, 1780.







3 Anderson to White,
9 April, 1923.

4 Deposition by
Vachon before
Deschenaux, at
Quebec,
11 September, 1788.

5 Annual Report,
Geological Survey
Canada, vol. VIII
p. 127L.

6 Deposition of
Charles Trahan,
11 September, 1788.



7 Plea by Marcoux
executed before
Panet, at Quebec, 25 August, 1789.












8 Deed executed
before Voyer and
Dumas,
17 August,1799.

9 Engagement
executed before
Voyer and Dumas,
26 August, 1799.

1 Deed executed
before Lelievre and
Planté,
28 June, 1815.











2 Report of Capt.
Wm. Martin to
Governor Hamilton,
24 July, 1821.

3 Irving to
Bathurst,
1 February, 1821










4 Deed executed
before Tessier and
Lelievre, at Quebec,
9 September, 1823.

5 Deed executed
before Belleau and
Panet, at Quebec,
28 March, 1828.










6 Deed executed
before Campbell,
at Quebec,
3 February, 1829.

7 Deed executed
before De Blois and
Campbell, at Quebec,
7 January, 1832.

1 Finlayson to
Simpson,
21 July, 1834.

2 Deed executed
before Campbell,
at Quebec,
4 February, 1835.






3 Keith to Simpson,
25 April, 1835.





4 Simpson to,
Finlayson,
24 December, 1835.


5 Simpson to
McGillivray,
18 April, 1836.

6 McGillivray's
journal,
18 June, 1836.

7 McGillivray's
journal, 21 July and
14 September, 1836.















8 McGillivray's
journal, 24 July and
14 Sept., 1836.

9 “ Twenty-five
Years in the
Hudson's Bay
Territory.” By
John McLean, vol.II, p. 52.

10 Hudson's Bay Co.
to Stewart,
21 January, 1837.

11 Hudson's Bay Co.
to Hopkins,
25 January, 1866.

1 Hudson's Bay Co.
to Finlayson,
7 March, 1840.

2 Simpson to
Barnston,
29 March, 1844.

3 Simpson to
Nourse,
28 January, 1845.

4 Simpson to Jas.
Smith,
5 February, 1847.

5 D.A. Smith to
H.B. Co.,
21 March, 1864.

6 Deed executed at
London,
19 April, 1865.

7 Deed executed at
London(?),
20 December, 1873.


















8 Aveu et declara-
tion executed before
Chartier, at Quebec,
11 February, 1668.


p. 3139

had wintered in Ivucktoke Bay, and are returning to Quebec, being Canadians.”1

1786, Lieut-Governor Hope empowered Marcoux, Perrault, Antrobus and Dunier to establish “Seal, Cod and Salmon Fisheries” within the limits of their Indian Island concession.2

1787, Marcoux writes Perrault that he is at their Seal Island post and is sailing for Esquimaux Bay.3

1787, the schooner Resolution, Joseph Goupille, master, cleared from Quebec for “the great Bay of Esquimaux” loaded with trade goods, ammunition, etc., presumably for Marcoux and associates.4

1787, Capt. Cartwright applied for a grant at Touchstoke (Esquimaux) bay and an exclusive privilege of fishing in that bay. He applied for a “tract of Land running half a mile back from high water mark, all round the Bay ; his sole view in praying for this Grant is to carry on the seal Fishery, and a Trade with the friendly Indians, who reside chiefly in that bay.”5
The Committee of the Legislative Council of Quebec stated that they conceived “from the Circumstances related to Captain Cartwright's case of Canadians having wintered in Touchstoke bay in 1785 and 1786 . . . . that it is an inlet of the Sea ten leagues deep, within the great Esquimaux bay. . . . . where a Canadian Crew, fitted out from hence, (Quebec) actually did winter.”6

1788, the Committee recommended that Capt. Cartwright's request be not granted.6

1788, Plante, one of the associates of Dumontier, laid an information against Pierre Marcoux charging him with (1) selling liquor to Indians without a license ; (2) settling in the “Indian Country” without license ; (3) “carrying and sending into the said Indian Country upon Lands not granted by His Majesty, Goods, wares and Merchandize & provisions without license.”7
Marcoux contended that the Act forbidding the sale of liquor to Indians did not apply at the “Great Bay of the Esquimaux,” inasmuch as said bay was included within the limits of the Hudson's Bay Company's territories.8
The statements of Charles Trahan9 and Jean B. Vachon, employees of Marcoux and his associates, of the informant, George Plante10 and of the defendant, Marcoux, form a mass of evidence which demonstrates the following :
(1) That there were two rival associations trading in the Baye-des-Esquimaux district, one directed by Marcoux, and the other by Dumontier;
(2) That the trading posts of the two associations were not more than a “quarter-league” apart ; that they were on opposite sides of Northwest(Naskaupi) river ; that Marcoux's post was on a sandy peninsula;11 that it stood on, or near, the site of the present North West River post of the Hudson's Bay Company and was “a quarante lieues dans là Profondeur de la Baie”

p. 3140

des Esquimaux.1 In 1789, Marcoux, stated that his post at Nord-Ouest (Northwest or Naskaupi) river had been built “a plusieurs annees.”2
(3) That the post of Dumontier and associates was on the west bank of Nord-Ouest (Northwest or Naskaupi) river at, or near, the site of present Revillon Frères' post.
(4) In 1788, Marcoux built an outpost “two leagues” distant from his post “et en ligne de sa maison,” to intercept the Eskimo and obtain their seal oil.1 This post was probably on what is now called Montagnais point. This point is practically in line with the Eskimo camps and the remains of old buildings and an old cemetery are to be seen there to-day. Being a salient point, it is used, at the present time, “as an assembly ground by the missionary who lights a fire on one of the islands thus notifying the Indians of the locality of his arrival.”3
(5) During the winter, the Eskimo lived on an island stated to be distant about “eighteen leagues” from Marcoux's post.4 Presumably this is Henrietta island, though the distance stated would indicate Neveisik or one of the smaller islands near it. On the other hand, Fornel's map shows that they habitually wintered on Henrietta island and A. P. Low states that, in 1894, they still wintered on it.5
(6) Marcoux, in 1787, had planned to “faire un établissement de peche à l'entree de la Baie des Esquimaux” but he arrived too late to form said establishment and was forced to winter at his establishment “a quarante lieues dans la Baie.”6 The projected fishing establishment was, therefore, leagues from Nord-Ouest river and was at, or near, present Rigolet. Presumably, he established this post in the spring of 1788.
(7) In 1784 and 1785, Marcoux obtained licenses to trade in Esquimaux Bay district. Dumontier and his associates traded in that region in the same years but without a license.7
(8) Marcoux carried on his trading operations during 1785, 1786, 1787, the winter of 1787-88 and thereafter.7

1799, Jean-Baptiste Dumontier and Jean Belliveau—doubtless as having acquired the rights of Dumontier and associates who had the post on the west side of Nord-Ouest (Northwest) river—and Jean Baptiste Vachon and Joseph Faucher dit Chateauvert, doubtless as having acquired the rights of Marcoux and associates—who had the post on the east bank—entered into partnership for four years (1800-04). The agreement specifically refers to the “établissement que les deux parties ont respectivement en la dite Baie des Esquimaux,”8 demonstrating that it was a union of two competing companies.
In the same year, this association engaged men for “Kenomish” post, for “Newberry” post and for “divers postes” in the Baie-des-Esquimaux district.9
Between 1799 and 1815, a moiety of the interests of Dumontier, Belliveau, Vachon and Faucher must have been acquired by Dame Cecile Dumontier, as residuary legatee of her husband, Michel Falardeau, deceased, and by community of property with him, the other moiety being held by her late husband's partner, Jacob Pozer.

p. 3141

1815, Dame Cecile Dumontier, daughter of Jean Bte. Dumontier, dit Guyon, signed a lease, to run during her lifetime, whereby she leased her interest in the Baye-des-Esquimaux properties to Jacob Pozer. The lease also provided that, on the decease of the lessor, her rights in said properties should pass to Maria Pozer, daughter of Jacob Pozer, or, if Maria Pozer predeceased Dame Dumontier, said properties should pass to the brothers and sisters of Maria Pozer.1
1821, on the report that there was an extensive inlet on the coast of Labrador called “Gross Water” which abounded with very fine fir timber, fit for naval purposes, the Governor of Newfoundland, in his capacity as Commander-in-Chief of His Majesty's ships, sent Captain Martin to explore for this inlet which up to this time appears to have been unknown to the Governors of Newfoundland. Captain Martin succeeded in finding the inlet which is known as Hamilton Inlet and, with the assistance of Canadian subjects, who were settled on lake Melville, was enabled to explore that lake. He reported that the Canadians had extensive establishments and were carrying on a considerable fur trade with the “Red Indians.”2 In the same year, Hon. James Irvine, in a memorandum addressed to Lord Bathurst, stated that “many other fisheries and trading posts are established and carried on by the people of Canada as well on the Mainland as on the Islands and as far as Esquimaux Bay on the outside North.”3
In his map of British North America, 1832, Arrowsmith shows “Ivucktoke or Hamilton Inlet” and “Lake Melville,” with an accuracy of detail that demonstrates that they were based on the surveys made by officers of the British navy in 1823.
1823, Claude Denechaux, as curator of the estate of Jacob Pozer, deceased, sold to Flavien Dufresne all Pozer's properties in the Esquimaux Bay district, Dame Cecile Dumontier being present and surrendering her rights. The agreement provided that Dufresne should pay the wages of the clerks and men then at Baie-des-Esquimaux, indicating that the posts were in active operation.4
1828, Dufresne sold the Pozer property to Jean Oliver Brunet. The deed of sale demonstrates that the properties were still in operation.5
1829, Brunet sold to William Lampson, for £3,500 cy., “certain large and extensive premises with fishing and hunting establishments, situate lying and being in the Bay commonly called la Baie des Esquimaux consisting of fishing establishments, situations and locations, houses, stores . . . . which said premises were enjoyed by the said Jacob Pozer and the Ancestors of the said Jacob Pozer by titles and have been in their actual possession and enjoyed by them for and during the last fifty years and upwards.” This, undoubtedly, refers to the posts erected by the Marcoux and the Dumontier associations. The agreement provided for the return to Quebec of all employees who did not desire to continue in the employ of Lampson.6
1832, Lampson sold his Esquimaux Bay posts to Nathaniel Jones. The deed provided that Lampson would pay all wages to 1 January, of his “clerks, agents and workmen” at Esquimaux Bay.7

p. 3142

1834, Erlandson, of the Hudson's Bay Company, reported that Jones had two posts, one a fishing station on the coast [Rigolet], and the other (Northwest River) about 90 miles up the river.1

1835, Nathaniel Jones sold his Esquimaux Bay properties to David Ramsay Stewart.2
1835, when the King's Posts were transferred to the Hudson's Bay Company in 1831, an agreement had been made with Lampson, then proprietor of certain posts in Esquimaux Bay District, whereby the parties reciprocally agreed not to interfere with the trades carried on at the King's Posts and at the Esquimaux Bay posts. When Lampson sold his Esquimaux Bay posts to Nathaniel Jones in 1835, the H.B. Co. claimed that this agreement “was Keith to Simpson, no longer in force.”3

1835, Sir George Simpson, Governor of the Hudson's Bay Company, instructed Finlayson that a post should be established in Esquimaux Bay District “alongside the frontier post from Esquimaux Bay where D. R. Stewart has a principal establishment [North West River] from whence several outposts are equipped.”4

1836, McGillivray was instructed to build his principal establishment near that of the opponents and his outposts near their outposts.5
McGillivray stated that Stewart had three posts, namely, at Rigolet, Kibocock [Kaipokok] and North West River.6

1836, the Hudson's Bay Co. established a “petty post” at Rigolet and built “Fort Smith” at Northwest River “alongside” D. R. Stewart's post.7
As the H.B. Co.'s principal establishment, Fort Smith, is what is now known as North West River post, this demonstrates that this was the site of the principal establishment of D. R. Stewart. The evidence already cited also indicates that, except, possibly, for a short time during the war between Great Britain and France, and immediately thereafter, this site had been continuously occupied since the widow Fornel and associates had established themselves in the district in 1749. It is probable also that it had been occupied since 1743, the year that the Pilotes established this post for Fornel.
1836, a trader named Bird had a post at Kinimish (Kenemich). In addition to Northwest River, there were also posts at “Moolagan” (Mulligan) and “Grand River” (Hamilton River). In 1836, the Hudson's Bay Company established an outpost on the Hamilton river (at Sandy Banks ?) above their opponents and also built an outpost on the Northwest river.8 McLean's account indicates that the latter was a short distance from the head of Grand Lake, probably near the end of the portage from lake Nipishish.9

1837, Stewart's actions indicate that he considered the agreement between Lampson and the Hudson's Bay Co. to be still in force and that he regarded the latter's invasion of the Esquimaux Bay region as a breach of faith.10 The dispute, however, was terminated by the purchase of Stewart's posts by the Hudson's Bay Co. in 1837.11

p. 3143

1840, the principal posts of the Hudson's Bay Company in Esquimaux Bay district were : Rigolet, North West River, Kaipokok and Aillik.1

1844, the principal posts were : Rigolet, North West River, Sandy Banks, Mainwan Lake, Fort Nascopie, “New” post, Kaipokok and Gull Island.2 The appointments for the following year indicate that the “new” post was, later, named “Wingabow.“3.

1847, Michikamau post is listed as in operation.4

1863. the Hudson's Bay Company erected a post at Lake Winebaga, or Winebagan or Winouliupa (Winokapau ?).5

1865, Hunt and Henley sold Snooks Cove post to the Hudson's Bay Company.6

1873, the Hudson's Bay Company purchased Cartwright post and Round Island, Gready Harbour and Sandhill outposts from A. B. Hunt and Co.7



TERRE FERME DE MINGAN SEIGNIORY,
ISLES ET ISLETS DE MINGAN SEIGNIORY AND
ISLE D'ANTICOSTI SEIGNIORY.

SUMMARY STATEMENT OF EXTENT OF GRANTS

Terre Ferme de Mingan Seigniory.

1661, the Compagnie de la Nouvelle France, also known as the Compagnie des Cent Associés, granted to Francois Bissot de la Rivière, “l'Isle aux Oeufs, située an dessous de Tadoussac, vers les Montpellès, du Coste du Nord, quarante lieues ou environ dud. Tadoussac, avec le droit et faculté de chasse et d'établir en terre ferme aux endroits qu'il trouvera plus commodes, la penuche sédentaire des loups marins, baleines, marsouins, et les autres négoces, depuis la dite Isle aux Oeufs jusqu'aux Sept Isles et dans la Grande anse, vers les Esquimaux ou les Espagnols font ordinairement in pesche.”8
The original document was destroyed by fire but, in 1668, Bissot made an “aveu” to the Compagnie des Indes Occidentales, the successors of the Compagnie de in Nouvelle France, setting forth the grant made to him by the last-named Company in 1661. This aveu has been preserved and throughout the legal proceedings respecting the title to Terre Ferme de Mingan seigniory, it was treated as containing a correct statement of the original grant.
It was not disputed that this grant gave to Bissot the seigniory of the Isle aux Oeufs. Later, however, the owners of the Terre Ferme de Mingan Seigniory contended that this grant gave a seigniory not only in the Isle aux Oeufs but also on the mainland from the isle aux Oeufs to Bradore bay at the western entrance to the strait of Belleisle.

[1927lab]



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