And Then It Authorizes
"Free Liberty And License, In Case They Conceive It Necessary, To Send
Either Ships Of War,
Men, or ammunition, into any of their plantations,
forts, factories, or places of trade," "for the security and defence of
The same." "And to choose commanders and officers over them, and to
give them power and authority, by commissions under their common seal,
or otherwise, to continue, or make peace or war with any prince or
people whatsoever, that are not Christians, in any places where the
said Company have plantations, forts, or factories, or adjacent
thereunto, as shall be most for the advantage and benefit of said
Governor and Company, and of their trade;" "and also to right and
recompense themselves upon the goods, estate, or people of those
parts."
Thus, the adventurers had exclusive rights of trade, exclusive
possession of territories, exclusive powers of government, and the
right to make war, or conclude peace.
By an Order of Council of 4th February, 1748, a petition from one
Arthur Dobbs, Esq., and from members of a committee appointed by the
"subscribers for finding out a passage to the Western and Southern
Ocean of America," was referred to the consideration of "A. Ryder" and
"W. Murray," who heard counsel for and against the Hudson's Bay
Company, and finally decided that, "Considering how long the Company
have enjoyed and acted under this charter without interruption or
encroachment, we cannot think it advisable for his Majesty to make any
express or implied declaration against the validity of it till there
has been some judgment of a court of justice to warrant it."
On the 24th April, 1749, a Select Committee of Parliament reported,
through Lord Strange, upon "the state and condition of the countries
adjoining to Hudson's Bay, and the trade carried on there." The report
begins by stating -
"The Committee appointed to inquire into the state and condition of the
countries adjoining to Hudson's Bay, and the trade carried on there;
and to consider how those countries may be settled and improved, and
the trade and fisheries there extended and increased; and also to
inquire into the right the Company of Adventurers trading to Hudson's
Bay pretend to have, by charter, to the property of lands, and
exclusive trade to those countries; - have, pursuant to the order of the
House, examined into the several matters to them referred, and find the
particular state thereof to be as follows:
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