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Rupert's Land

Coordinates:57°00′N92°18′W/ 57.000°N 92.300°W/57.000; -92.300
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This article is about the trading territory. For the ecclesiastical province of the Anglican Church of Canada, seeEcclesiastical Province of the Northern Lights.For the Anglican diocese, seeDiocese of Rupert's Land.For the film, seeRupert's Land (film).

Prince Rupert's Land
Territory ofBritish North America
1670–1870
Flag of Rupert's Land

Map of Rupert's Land, showing the location ofYork Factory
Government
• TypeTrading company
Monarch
• 1670–1685 (first)
Charles II
• 1837–1870 (last)
Victoria
HBC Governor
• 1670–1682 (first)
Rupert of the Rhine
• 1870 (last)
Stafford Northcote
Historical eraAge of Discovery
• Established
1670
• Disestablished
15 July 1870
 Succeeded by
Canada
Today part ofCanada
∟Alberta
∟Manitoba
∟Northwest Territories
∟Nunavut
∟Ontario
∟Quebec
∟Saskatchewan
United States
∟Minnesota
∟North Dakota
∟South Dakota
∟Montana

Rupert's Land(French:Terre de Rupert), orPrince Rupert's Land(French:Terre du Prince Rupert), was a territory inBritish North Americawhich comprised theHudson Bay drainage basin.The right to "sole trade and commerce" over Rupert's Land was granted to theHudson's Bay Company(HBC), based atYork Factory,effectively giving that company acommercial monopolyover the area. The territory operated for 200 years from 1670 to 1870. Its namesake was PrinceRupert of the Rhine,who was a nephew of KingCharles Iand the first governor of HBC. In December 1821, the HBC monopoly was extended from Rupert's Land to the Pacific coast.

The areas formerly belonging to Rupert's Land lie mostly within what is todayCanada,and included the whole ofManitoba,most ofSaskatchewan,southernAlberta,southernNunavut,and northern parts ofOntarioandQuebec.Additionally, it also extended into areas that would eventually become parts ofMinnesota,North Dakota,andMontana.The southern border west ofLake of the Woodsto theRocky Mountainswas thedrainage dividebetween the Mississippi and Red/Saskatchewan watersheds until theAnglo-American Convention of 1818substituted the 49th parallel.

History[edit]

English Royal Charter of 1670[edit]

TheHudson Bay drainage basinconnects primarily to theLabrador Seajust south ofDavis Straitas depicted on most atlases such as those of theNational Geographic Societyjust north of the60th parallel northand northeast of theLabrador Peninsula

In 1670, KingCharles II of Englandgranted aroyal charterto create theHudson's Bay Company,under the governorship of the king's cousin PrinceRupert of the Rhine.According to the Charter, the HBC received rights to:

The sole Trade and Commerce of all those Seas, Streights, Bays, Rivers, Lakes, Creeks, and Sounds, in whatsoever Latitude they shall be, that lie within the entrance of the Streights commonly called Hudson's Streights, together with all the Lands, Countries and Territories, upon the Coasts and Confines of the Seas, Streights, Bays, Lakes, Rivers, Creeks and Sounds, aforesaid, which are not now actually possessed by any of our Subjects, or by the Subjects of any other Christian Prince or State [...] and that the said Land be from henceforth reckoned and reputed as one of our Plantations or Colonies in America, calledRupert's Land.[1]

The Charter applied to all lands within thedrainage basin of Hudson's Bay.It spanned an area of about 3,861,400 square kilometres (1,490,900 sq mi), more than a third of all modern Canada.[2]

The royal charter made the "Governor and Company... and their Successors, the true and absolute Lords and Proprietors, of the same Territory...", and granted them the authority "...to erect and build such Castles, Fortifications, Forts, Garrisons, Colonies or Plantations, Towns or Villages, in any Parts or Places within the Limits and Bounds granted before in these Presents, unto the said Governor and Company, as they in their Discretion shall think fit and requisite...".[1]In 1821, following the merger with theNorth West Company,the Hudson's Bay Company's monopoly privileges and licence were extended to trade over theNorth-Western Territory.[3]

TheRupert's Land Act 1868,which was passed by theParliament of the United Kingdom,authorized the sale of Rupert's Land toCanadawith the understanding that "...'Rupert's Land' shall include the whole of the Lands and Territories held or claimed to be held by the..." Hudson's Bay Company.[4]The prevailing attitude of the time was that Rupert's Land was owned by the Hudson's Bay Company because "...From the beginning to the end, the [Hudson's Bay Company] had always claimed up to the parallel 49...", and argued that the royal charter and variousacts of Parliamentgranted them "...all the regions under British dominion watered by streams flowing into Hudson Bay...".[5]Rupert's Land had been essentially a private continental estate covering 3.9 million km2in the heart ofNorth Americathat stretched from theAtlanticto theRocky Mountains,and from theprairiesto theArctic Circle.[6]EvenJohn A. Macdonald,the thenPrime Minister of Canada,saw the land as being sold to Canada: "...No explanation has been made of the arrangement by which the country (Rupert's Land) is handed over to the Queen, and that it is her Majesty who transfers the country to Canada with the same rights to settlers as existed before. All these poor people know is that Canada has bought the Country from the Hudson's Bay Company, and that they are handed over like a flock of sheep to us...".[7]

In 1927, the Supreme Court of Canada held that the terms of the Charter had granted ownership of all the land in the Hudson Bay drainage to the company, including all precious minerals.[8][9]However, this ruling did not settle the issue ofaboriginal titleover the land. At the time of the royal charter and the later Rupert's Land Act 1868,the Crownheld the attitude that it already heldsovereigntyover the land from a people who only had a "...personal and usufructuary right, dependent upon the good will of the Sovereign...".[10]TheCalder v British Columbia (AG)case in 1973 was the first case inCanadian lawthat acknowledged "...a declaration that the aboriginal title, otherwise known as the Indian title, of the plaintiffs to their ancient tribal territory hereinbefore described, has never been lawfully extinguished...".[11]

Surrender of the territory[edit]

See also:Timeline of Rupert's Land and North-Western Territory transfer

In 1869–1870, when the Hudson's Bay Company surrendered its charter to the British Crown, it received £300,000 in compensation. Control was originally planned to be transferred on 1 December 1869, but due to the premature action of the new lieutenant governor,William McDougall,the people of Red River formed a provisional government that took control until arrangements could be negotiated by leaders of what is known as theRed River Rebellionand the newly formed government of Canada. As a result of the negotiations, Canada asserted control on 15 July 1870.[citation needed]

The transaction was three-cornered. On 19 November 1869, the company surrendered its charter under its letters patent to the British Crown, which was authorized to accept the surrender by the Rupert's Land Act. Byorder-in-councildated 23 June 1870,[12]the British government admitted the territory to Canada, under s. 146 of theConstitution Act, 1867,[13]effective 15 July 1870, subject to the making of treaties with the sovereign indigenous nations to provide their consent to the Imperial Crown to exercise its sovereignty pursuant to the limitations and conditions of the Rupert's Land documents and the treaties. Lastly, the Government of Canada compensated the Hudson's Bay Company £300,000 (£35,977,894pound sterlingin 2019 money, or $60,595,408 Canadian dollars) for the surrender of its charter on the terms set out in the order-in-council.

The company retained its most successful trading posts and one-twentieth of the lands surveyed for immigration and settlement.[citation needed]

Economy[edit]

Further information:North American fur trade,List of Hudson's Bay Company trading posts,andList of French forts in North America
Métisfur trader,c. 1870

The Hudson's Bay Company dominated trade in Rupert's Land during the 18th–19th centuries and drew on the local population for many of its employees. This necessarily meant the hiring of many First Nations andMétisworkers. Fuchs (2002) discusses the activities of these workers and the changing attitudes that the company had toward them. WhileGeorge Simpson,one of the most noted company administrators, held a particularly dim view of mixed-blood workers and kept them from attaining positions in the company higher than postmaster, later administrators, such as James Anderson and Donald Ross, sought avenues for the advancement of indigenous employees.[14]

Morton (1962) reviews the pressures at work on that part of Rupert's Land whereWinnipegnow stands, a decade before its incorporation into Canada. It was a region completely given over to the fur trade, divided between the Hudson's Bay Company and private traders, with some incursions by the rivalNorth West Companybased inMontreal.There was strong business and political agitation in Upper Canada for anne xing the territory; inLondonthe company's trading license was due for review; inSt. Paulthere was a growing interest in the area as a field for U.S. expansion. The great commercial depression of 1857 dampened most of the outside interests in the territory, which itself remained comparatively prosperous.[15]

Governance[edit]

Map of theColumbia District,also referred to asOregon Country

Before 1835, the HBC had no formal legal system in Rupert's Land, creating "courts" on anad hocbasis.[16]The HBC's "laws" in the 17th and 18th centuries had been the regulations setting out the rules governing the relationships between various employees in the company's posts in Rupert's Land and employees' interactions with Indigenous peoples.[17]The 1670 charter granting the company control of Rupert's Land had said trials were to be conducted by the governor of Rupert's Land together with three of his councillors.[18]There were only three cases before the 19th century with the one with the most detailed notes being the trial of one Thomas Butler in 1715 at theYork Factorywho was convicted of theft, slander and fornication with a native woman.[18]In the early 19th century, the HBC waged a violent struggle with the rivalNorth West Company(NWC), based in Montreal, for the control of the fur trade, culminating in theBattle of Seven Oaksof 1816, which led to an investigation by theHouse of Commons of the United Kingdom,and which in turn led to the Second Canada Jurisdiction Act of 1821, ordering the HBC to establishjustice of the peacecourts in Rupert's Land.[16]Instead of establishing courts, the company directed the governor and the council of Assiniboia to mediate disputes as they arose.[17]

In 1839, the HBC were convinced of the need to dispense formal justice throughout Rupert's Land and established a court at theRed River Colony,in the District of Assiniboia, south ofLake Winnipeg.Arecorderandpresident of the courtwould act as legal organizer, adviser, magistrate, and councillor and be responsible for the rationalization and formalization of Rupert's Land's judicial system. The first recorder wasAdam Thom,who held the post until 1854, although relieved of most of his duties by his deputy some years before.[19]He was succeeded as President of the Court from 1862 to 1870 byJohn Black.[20]

Baker (1999) uses the Red River Colony, the only non-native settlement on the northwest prairies for most of the 19th century, as a site for critical exploration of the meaning of "law and order" on the Canadian frontier and for an investigation of the sources from which legal history might be rewritten as the history of legal culture. Previous historians assumed that the HBC's representatives designed and implemented a local legal system dedicated instrumentally to the protection of the company's fur trade monopoly and, more generally, to strict control of settlement life in the company's interests. But this view is not borne out by archival research. Examination of Assiniboia's juridical institutions in action reveals a history formed less through the imposition of authority from above than by obtaining support from below. Baker shows that the legal history of the Red River Colony – and, by extension, of the Canadian West in general – is based on Englishcommon law.[21]

Following the forced merger of the NWC with the HBC in 1821, theBritish Parliamentapplied the laws ofUpper Canadato Rupert's Land and theColumbia Districtand gave enforcement power to the HBC.[citation needed]The HBC maintained peace in Rupert's Land for the benefit of the fur trade; thePlains Indianshad achieved a rough balance of power among themselves; the organization of the Métis provided internal security and a degree of external protection. This stable order broke down in the 1860s with the decline of the HBC,[citation needed]smallpoxepidemics and the arrival of American whisky traders on the Great Plains, and the disappearance of thebison.The rule of law was, after the transfer of Rupert's Land to Canada, enforced by theNorth-West Mounted Police.[22]

Religious missions[edit]

Peake (1989) describes people, places, and activities that were involved in 19th-century Anglican missionary activities in the prairie areas of Rupert's Land, that huge portion of Canada controlled by the Hudson's Bay Company and inhabited by few Europeans. Early in the century, fur trade competition forced the company to expand into this interior region, and some officials saw advantages in allowing missionaries to accompany them. Officially they did not discriminate among denominations, but preference was often granted to theAnglicansof the Britain-basedChurch Missionary Society.The prairie missions extended from the area of 20th-century Winnipeg to theMackenzie Riverdelta in the north. Notable missionaries included Revd.John West,the first Protestant missionary to come to the area in 1820,David Andersonthe first Bishop of Rupert's Land,[23]William Bompasand theNative AmericanAnglican priests:Henry Budd,[23]James Settee,and Robert McDonald.[24]

There were also Roman Catholic missions in Rupert's Land. One notable missionary wasAlexandre-Antonin Taché,who both before and after his consecration as bishop worked as a missionary inSaint-Boniface,Île-à-la-Crosse,Fort Chipewyan,andFort Smith.[25]

See also[edit]

References[edit]

This article incorporates text from a publication now in thepublic domain:Morice, Adrian Gabriel (1912). "Alexandre-Antonin Taché".In Herbermann, Charles (ed.).Catholic Encyclopedia.Vol. 14. New York: Robert Appleton Company.

  1. ^ab"Royal Charter of the Hudson's Bay Company".Hudson's Bay Company.Retrieved3 January2017.
  2. ^"Canada Drainage Basins".The National Atlas of Canada, 5th edition.Natural Resources Canada. 1985. Archived fromthe originalon 4 March 2011.Retrieved24 November2010.
  3. ^"Hudson's Bay Company, Struggle for Control of the Fur Trade: 18th Century".The Canadian Encyclopedia.Retrieved3 January2017.
  4. ^Government of Canada (3 November 1999)."Rupert's Land Act, 1868 – Enactment No.1".Department of Justice.Retrieved3 January2017.
  5. ^Government of Canada (1886)."Sessional Papers of the Parliament of the Dominion of Canada".Retrieved3 January2017.
  6. ^"Rupert's Land, Massive Land Transfer".The Canadian Encyclopedia.Retrieved3 January2017.
  7. ^Plamondon 2013.
  8. ^Reference re Precious Metals in certain lands of the Hudson's Bay Co.,[1927] SCR 458,at p. 466.
  9. ^Marjorie L. Benson and Don Purich, "Real Property",Encyclopedia of Saskatchewan,Canadian Plains Research Centre, University of Regina, 2006.
  10. ^St. Catharines Milling and Lumber Co. v. R.,1886 CanLII 30,13 Ont. App. R. 148 (20 April 1886),Court of Appeal(Ontario, Canada)
  11. ^Calder et al. v. Attorney-General of British Columbia,1973 CanLII 4at p. 423, [1973] SCR 313 (31 January 1973),Supreme Court(Canada)
  12. ^"Rupert's Land and North-Western Territory Order".solon.org.Archived fromthe originalon 20 July 2011.
  13. ^"Constitution Act, 1867 s. 146".Justice Laws Website.Department of Justice. 18 October 2015.
  14. ^Fuchs, Denise."Embattled Notions: Constructions of Rupert's Land's Native Sons, 1760 To 1861".Manitoba History.2002–03 (44). Manitoba Historical Society: 10–17.ISSN0226-5036.
  15. ^Morton, W. L. (Autumn 1962). "Red River on the Eve of Change, 1857 to 1859".The Beaver(293): 47–51.ISSN0005-7517.
  16. ^abBaker 1999,p. 213.
  17. ^abBaker 1999,p. 214.
  18. ^abBaker 1999,p. 215.
  19. ^"THOM, ADAM".Dictionary of Canadian Biography.Retrieved10 July2017.
  20. ^"John Black (1817–1879)".Black, John (1817–1879).Australian Dictionary of Biography.National Centre of Biography, Australian National University.Retrieved10 July2017.
  21. ^Baker 1999.
  22. ^Spry, Irene M. (1968). "The Transition from a Nomadic to a Settled Economy in Western Canada, 1856–1896".Transactions of the Royal Society of Canada.6(4): 187–201.
  23. ^abSarah Tucker (1851)."The Rainbow in the North A Short Account of the First Establishment of Christianity in Rupert's Land by the Church Missionary Society: Chapter XIII. Rev. R. and Mrs. Hunt—Summary of the Missions—Ordination of the Rev. H. Budd".London: James Nisbet.Retrieved12 December2015.
  24. ^Peake, Frank A. (1989). "From the Red River to the Arctic: Essays on Anglican Missionary Expansion in the Nineteenth Century".Journal of the Canadian Church Historical Society.31(2): 1–171.ISSN0008-3208.
  25. ^Morice, Adrian Gabriel(1912)."Alexandre-Antonin Taché".In Herbermann, Charles (ed.).Catholic Encyclopedia.Vol. 14. New York: Robert Appleton Company.

Bibliography[edit]

Further reading[edit]

External links[edit]

57°00′N92°18′W/ 57.000°N 92.300°W/57.000; -92.300

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