"We are of opinion that all persons will be subject to the jurisdiction of the court, who reside or are found within the territories over which it extends.
"We do not think the Canada Jurisdiction Act (43 George III.) gives jurisdiction within the territories of the Hudson's Bay Company, the same being within the jurisdiction of their own governors and council.[91]
"We are of opinion that the Governor (in Hudson's) might under the authority of the Company, appoint constables and other officers for the preservation of the peace and that the officers so appointed would have the same duties and privileges as the same officers in England, so far as these duties and privileges may be applicable to their situation in the territories of the Company." This was signed by Sir Samuel Ronully, Mr. Justice Holroyd, W. M. Cruise, J. Scarlett and John Bell. There could be thus no question of Selkirk's right. The Company's charter, amongst other provisions, expressly forbids all English subjects from entering, without license or authority, upon the territories of the Hudson's Bay Company. The Governor and Company only are empowered to grant such authority and on them also is conferred the right of establishing castles, fortifications, forts, garrisons, colonies, plantations, towns and villages, in any parts or places within the limits of their territory. They had also the right of sending ships of war, men or ammunition, to their colonies, fortifications or plantations, and of appointing governors, commanders and officers over them.
Selkirk began by purchasing several thousand pounds worth of shares in the Company.
Late in 1810 he made a formal proposition to the Company, a proposition previously made and rejected, for a settlement to be made within its territory. This time some of the Honourable Adventurers began to see that the scheme might be fraught with salvation for themselves.
Lord Selkirk was asked to lay before the committee the terms on which he would accept a grant of land within the Hudson's Bay territories, "specifying what restrictions he would be prepared to consent to be imposed on the settlers." Also what security he would offer to the Company against any injury to its trade or to its rights and privileges.
Lord Selkirk responded to this, and his proposals were agreed to, subject to final approbation of a general court of all the Adventurers.
Selkirk's project.
It now dawned upon the wiser spirits that here was being offered them the means for the Company's salvation. Nevertheless, the traditional opposition of the Company to any project of the kind still lingered, and was not easily disposed of. For weeks the meetings in committee resounded with appeals to "traditional policy," to "loyalty to the noble, the ancient founders," to "a spirit of reverence for the history of our Company," but all to no purpose. Selkirk was to carry the day. A general court was convened, by public notice, in May 1811, when the stockholders were informed that the Governor and Committee considered it beneficial to their general interests to grant Lord Selkirk 116,000 square miles of their territory, on condition that he should establish a colony and furnish, on certain terms, from amongst the settlers, such labourers as would be required by the Company in their trade.
In order to give the partners a further opportunity of making themselves fully informed of the nature of the proposed measure, an adjournment of the court took place. In the meanwhile notice was given to all the stockholders that the terms of the proposed grant were left at the secretary's office for their inspection.