Lord Selkirk.
Selkirk visited Montreal in this and also in the following year on matters connected with his philanthropic undertaking, and on both occasions evinced the heartiest interest in the great territory to the north-west which formed the theatre of action for the two rival fur-trading companies.
The Prince Edward Island colony continuing to prosper, Lord Selkirk now conceived the plan of forming a colony on the banks of the Red River, in Rupert's Land.[90] In order to execute his project with a greater assurance of success, he again, in 1805, addressed the British Government and nation, pointing out the successful issue of his colony as an example of the excellent results which would attend a further exodus of the superfluous population.
Time went on and the execution of the plan being still in abeyance, the great decline in Hudson's Bay stock suggested an idea to Selkirk. He submitted the charter to several of the highest legal authorities in England, and got from them the following:
"We are of the opinion that the grant of the said contained charter is good, and that it will include all the country, the waters of which run into Hudson's Bay, as ascertained by geographical observations.
Legal opinion on the Company's charter.
"We are of opinion that an individual holding from the Hudson's Bay Company a lease or grant in fee simple of any part of their territory, will be entitled to all the ordinary rights of landed property in England, and will be entitled to prevent other persons from occupying any part of the lands; from cutting down timber and fishing in the adjoining waters (being such as a private right of fishing may subsist in), and may (if he can peaceably or otherwise in due course of law) dispossess them of any buildings which they have recently erected within the limits of their property.
"We are of opinion that the grant of the civil and criminal jurisdiction is valid, though it is not granted to the Company, but to the Governor and Council at their respective establishments. We cannot recommend, however, it to be exercised so as to affect the lives or limbs of criminals. It is to be exercised by the Governor and Council as judges, who are to proceed according to the laws of England.
"The Company may appoint a sheriff to execute judgments and do his duty as in England.
"We are of opinion that the sheriff, in case of resistance to his authority, may collect the population to his assistance, and put arms into the hands of his servants for defence against attack, and to assist in enforcing the judgments of the courts; but such powers cannot be exercised with too much circumspection.