MEMORIAL OF THE HUDSON'S BAY COMPANY TO THE LORDS COMMISSIONERS OF TRADE,
6th DECEMBER, 1759.
HUDSON BAY COMPANY'S RECORDS.
To the Right Honble. the Lords Commrs of Trades and Plantations.
THE HUMBLE MEMORIAL OF THE GOVERNOR AND COMPANY OF ADVENTURES OF ENGLAND TRADING INTO HUDSONS BAY.
May It please your Lordships
In prospect of an approaching Treaty of Peace between this Nation and France, and in hope that the great Success his Majesty's Arms have been Blessed with, and the many Acquisitions that have been thereby Gained from the Enemy, will Enable his Majesty to secure to your Memorialists satisfaction for the Injuries and Depradations they have long since suffered from the French, which stand acknowledged by Treaty and are Stipulated to be made satisfaction for, But thro' the Perfidy of the Enemy and in disregard of the Treaty have thitherto remained unsatisfyed. In which the Honour of the Nation as well as Justice to the individuals Loudly calls for Redress. To that end your Memorialists beg leave to represent to your Lordships . . . .
That the French before the Treaty of Utretch in the time of Peace, under some pretended Claim of Right, disturbed the Hudson's Bay Company in the quiet possession of Hudsons Bay and the Territories thereto belonging and in a Hostile manner with Ships of War and an armed Land Force, attacked and took several of the Hudsons Bay Company's Ships in Harbour in the Bay, and also took plundered and dispossessed them of several Factorys and Settlements on the Coast thereof, which matters having been under Consideration at the Treaty of Utretch were admitted and agreed to be settled and Satisfyed by the following Articles thereof.
By the 10th Article of the Treaty of Utretch it was Stipulated that the French King should Restore to the Kingdom and Queen of Great Britain to be possessed in full Right forever the Bay and Streights of Hudson together with all lands, Seas, Sea Coasts, Rivers and places situate in the said Bay and Streights and which belong thereunto, no Tracts of Land or Sea being excepted which were then possessed by the Subjects of France—and it Was further Agreed to Determine by Commissaries the Limits which were to be fixed between the said Bay of Hudson and the Places appertaining to the
French, which both Subjects should be forbid to pass over—And by the 11th Article of the Treaty, it was further Stipulated that his most Christian Majesty should take Care that Satisfaction should be given according to Justice and Equity to the Hudsons Bay Company for all Damages and Spoil done to their Colonies, Ships, Persons, and Goods by the Hostile Invasions and Depradations of the French in Time of Peace, an Estimate being to be made thereof by Commissarys to be Named at the Requisition of each party.
That in pursuance of the said Treaty and an Especial Commission of her said late Majesty Queen Ann Dated the 20th of July 1713 the said Bay and Lands then in possession of the French were delivered up to Governor Knight and Kelsey, who took possession thereof for the English Hudsons Bay Company, and Commissarys were appointed to settle the said Limits and Adjust the damages the Company had sustained, which for the Ships and Goods of the Company taken by the French, as appears by an account Stated in the year 1713 and delivered to the then Lords Commissioners of Trade and plantations amounted to upwards of £100,000 besides the Damages the Company Sustained by the Enemys burning 3 of their Forts and Factorys at Charlton Island, Moose River and New Severn, and proceedings were had by the said Commissarys towards settling the same, But they were never able to bring the Settlement of the said Limitts to a final Conclusion nor did the said Hudsons Bay Company ever Receive any Satisfaction for their said Damages.
That the papers which were laid before the said Commissarys and the Minutes of their proceedings as also a Memorial Relative to this Matter which in the year 1750 after the Conclusion of the last Warr was presented to your Lordships remaining as your Memorialists believe in your Lordships Office It is conceived from thence will appear the best State of the Rights of both Crowns and of the Territories and Claims of the said Company that can be laid before your Lordships, whereto your Memorialists beg leave to refer.
Your Memorialists therefore humbly hope In case any Treaty of Peace shall be set on foot between this nation and France, That your Lordships will interceed with his Majesty to take the premises into his Royal Consideration, And that he will be Graciously pleased to Cause your Memorialists to have full satisfaction made them pursuant to the said Treaty of Utretch for the aforesaid Depradations they are thereby acknowledged to have Sustained from the French in time of Peace, And for which Satisfaction is by the said Treaty Agreed to be made to the said Company, And that the Limits of the said Companys Territory may be Settled as by the said Treaty is also agreed.
All which is most humbly submitted to
Your Lordships Consideration
By Order of the Govr. & Committee of the said Co.
CHAS. HAY, Secy.
Hudsons Bay House, 6 Dec., 1759.