containing, if he understood its tenor correctly, a distinct refusal on
the part of the Hudson's Bay Company to entertain any proposal with a
view of adjusting the conflicting claims of Great Britain, of Canada,
and of the Company, or to join with her Majesty's government in
affording reasonable facilities for the settlement of the questions in
which Imperial no less than Colonial interests were involved. It had
been his anxious desire to come to some equitable and conciliatory
agreement, by which all legitimate claims of the Company should be
fairly considered with reference to the territories or the privileges
they might be required to surrender. He suggested that such a procedure,
while advantageous to the interests of all parties, might prove
particularly for the interest of the Hudson's Bay Company. "It
would afford a tribunal preeminently fitted for the dispassionate
consideration of the questions at issue; it would secure a decision
which would probably be rather of the nature of an arbitration than of
a judgment; and it would furnish a basis of negotiation on which
reciprocal concession and the claims for compensation could be most
successfully discussed."
With such persuasive reiteration, Lord Caernarvon, in the name and at
the instance of Sir E.B. Lytton, insisted that the wisest and most
dignified course would be found in an appeal to and a decision by the
Judicial Committee of the Privy Council, with the concurrence alike of
Canada and the Hudson's Bay Company. In conclusion, the Company were
once more assured, that, if they would meet Sir E.B. Lytton in finding
the solution of a recognized difficulty, and would undertake to give all
reasonable facilities for trying the validity of their disputed charter,
they might be assured that they would meet with fair and liberal
treatment, so far as her Majesty's government was concerned; but if,
on the other hand, the Company persisted in declining these terms, and
could suggest no other practicable mode of agreement, Sir E.B. Lytton
held himself acquitted of further responsibility to the interests of
the Company, and proposed to take the necessary steps for closing a
controversy too long open, and for securing a definitive decision, due
alike to the material development of British North America and to the
requirements of an advancing civilization.
The communication of Lord Caernarvon stated in addition, that, in the
case last supposed, the renewal of the exclusiv
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