This was a direct issue, and they determined to bring the matter to a crisis. Twenty leading natives (half-breeds of Red River settlement), among them a number well known, such as James Sinclair, John Dease, John Vincent, William Bird, and Peter Garrioch, in 1845 approached Alexander Christie, Governor of the settlement, requesting answers to fourteen queries. These questions required satisfaction as to whether half-breeds could hunt, buy, sell, or traffic in furs, and also what were the restrictions in this matter upon Europeans, &c. A pacific and soothing reply was made by Governor Christie, but the Company soon began to take steps to repress the free trade in furs, and the Council of Rupert's Land passed certain regulations, among others one placing a duty of twenty per cent. upon imports, but exempting from their tax settlers who were free of the charge of trading in furs. This was a vexatious regulation and roused great opposition.
All these devices had a legal smack about them, and were no doubt the suggestions of Judge Thom, the Recorder of Red River, a remarkable man, who, six years before this time, had come from Montreal to put legal matters in order in the Red River settlement. The Recorder entered con amore into the matter, and advised the assertion of claims that had fallen into disuse for many years among the different classes of residents in the settlement. The redoubtable judge, who, it will be remembered, was said to have been at the elbow of Sir George Simpson in writing his "Journey Round the World," now evolved another tyrannical expedient.
A new land deed was devised, and whosoever wished to hold land in the settlement was compelled to sign it. This indenture provided that if the land-holder should invade any privileges of the Company and fail to contribute to the maintenance of clergy and schools, or omit to do his work upon the public roads, or carry on trade in skins, furs, peltry, or dressed leather, such offender should forfeit his lands.
This was certainly un-British and severe, and we may look upon it as the plan of the judge, who failed to understand the spirit of his age, and would have readily fallen in with a system of feudal tenure. The writer in after years met this judge, then very old, in London, and found him a kindly man, though with Scottish determination, willing to follow out his opinions logically, however rash or out of place such a course might be. If the Hudson's Bay Company found itself in a sea of trouble, and hostile to public sentiment in the settlement, it had to blame its own creation, the valorous Recorder of Red River.
The imposition of enormous freights, adopted at this time for carrying goods by way of York Factory to England, in order to check trade, was a part of the same policy of "Thorough" recommended by this legal adviser. Sinclair, already mentioned, became the "Village Hampden" in this crisis. Taking an active part in his opposition to this policy of restriction, he found that he was to be punished, by the "Company's Ship" from England to York Factory refusing to carry for him any freight. It was partly the Oregon question and partly the unsettled state of public opinion in Red River that led to a British regiment being for a time stationed at the Red River settlement. On the removal of these troops the pensioners, a turbulent band of old discharged soldiers, came from Britain and were settled upon the Assiniboine, above Fort Garry. A writer who knew them well ventures to suggest that they were of the same troublesome disposition as the former De Meurons of Lord Selkirk. Coming ostensibly to introduce peace they brought a sword. Sooner or later the discontent and irritation produced by Judge Thorn's inspiration was sure to reach its culmination, and this it did in the Sayer affair afterwards described.
The cause of the complaints from the Red River settlement found a willing and powerful advocate in Mr. Alexander K. Isbister, a young London barrister, and afterwards a prominent educationalist. He was a native of Rupert's Land, and had a dash of Indian blood in his veins, and so took up the brief for his compatriots in a formidable series of documents. Mr. Isbister's advocacy gave standing and weight to the contention of the Red River half-breeds, and a brave and heroic fight was made, even though the point of view was at times quite unjust to the Company.
In 1847, Isbister, with five other half-breeds of Red River, forwarded, to the Secretary of State for the Colonies, a long and able memorial, setting forth the grievances of the petitioners. The document sets forth in short that the Company had "amassed a princely revenue" at the expense of the natives, allowed their wards to pass their lives in the darkest heathenism, broke their pledges to exclude strong drink from the Indian trade, were careless of the growing evil of want and suffering in the territory, paid little for the furs, and persecuted the natives by checking them in their barter of furs, and followed a short-sighted and pernicious policy.
This was assuredly a serious list of charges. Earl Grey in due time called on Isbister and his friends for a more specific statement of the grievances, and wrote to the Governor of Assiniboia, to the London Governor of the Hudson's Bay Company, and to the Governor-General of Canada, Lord Elgin, asking their attention to the allegations of the petition.
Some two months after Lord Grey's letter was received, the Hudson's Bay Company Governor, Sir J. H. Pelly, submitted a long and minute answer to the various charges of the petitioners. As is usually the case, both parties had some advantages. As to the enormous profits, the Company were able to show that they had unfortunately not been able to make "more than the ordinary rate of mercantile profit." They replied as to the religious interests of the natives, that their sole objects, as stated in the Charter, were trade and the discovery of a North-West Passage, but that they had helped at a considerable annual expense the Church Missionary Society, Wesleyan Missionary Society, and a Roman Catholic Missionary Society. The Company gives a most indignant denial to the charge that they had resumed the trade in spirituous liquors with the Indians, though admitting in the neighbourhood of Red River the use of small quantities of strong drink in meeting the American traders.
This answer did not, however, quiet the storm. Isbister returned to the attack, giving the evidence of Mr. Alexander Simpson, a trader on the Pacific Coast, and the extensive and strong letter of the Rev. Herbert Beaver, the former chaplain of the Hudson's Bay Company at Fort Vancouver. Isbister also raised the question of the validity of the Company's Charter. The Company again replied, and so the battle raged, reply and rejoinder, quotations and evidence ad libitum. Isbister may not have proved his case, but his championship won the approbation of many independent observers.