The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1845-12-26
Organization Of the Oregon Territory-Vhe
British Oregon Law.


: an act for regulating the fur trade and establish
ing civil and criminal jurisdiction in certain parts
OF North America" and is now In force
Az Acr ron REGULATING Tnr FuR TRADE Asn EsrA1.
LISTING CRIMINAL AND CIVIL JURISDICTION, WITH.
IN CERTAIN PARTS or NORTH AMsnicA.
Wsereas the competition in the fur trade between
trading into Hudsons Bay and certain associations Of
persons trading under the OF /" The North West
Company OF Montreal, has been found, for years
past TO be productive OF great Inconvenience and loss,
not only TO the said company and associa IONS but to
the said trade in general and also of great injury to the
native Indians and Of other persons subjects OF his Ma
Jesty And Whereas the nnimosities and eus arising
from such competition have also Tor some years past
Kept the interior OF America to tho northWard and west
ward OF the provinces Of Upper and Lower Canada and
OF the territories Of the uuited States of America in
state OF Continued disturbance And Whereas many
breaches OF the peace and violence extending to the
loss OF lives and considerable destruction of property
have continually occurred thern. And whereas, for
remedy of such evils is expedient and ry that
some more efectual regulations should be established
for the apprehending securing and bringing to justice
all persons committing such offences and that his Ma
jcsty should be empowered TO regulate the said trade
And whereas doubts have been entei tanned whether
the provisions of act passed III the forty third OF
the reign Of his late Majesty King George the Third,
ntituled an act for extending the jurisdiction OF the
Courts OF justice in the provinces OF Lower and Upper
Canada to the trial and punishment OF persons guilty o,
crimes and offences within certain parts of North Anne
ca adjoining to the said PROVINCES extended to the ter
rtores granted by charter to the said governor and
pany and it is expedent that such doubts should
be removed, and that the said act should be further
extended =: BE it therefore enacted, by the kings most
excellent majesty, by and with the advice and CO sent
\
present parliament assembled and by the authority OF
the same, that from and after the passing OF this act,
shall be lawful for his majesty his heirs
to make grants give his royal license, under the hand
and seal Of one Of his msestys principal Secretaries OF
State to any body corporate or company or person or
persons cf or for the exclusive privilege OF trading with
he Indians in all such parts OF North America shall
be specified III any such grants or licenses respectively
not being part OF the lands territories heretofore
granted TO the said Cover and company of ad
ventuIers of England trading to Hudsons Bay, and
not being part any OF his mojestys provinces in North
Il
United ties of America and all auoh grants and Ii
shall be good valid and ecual for the purpose
OF securing to all ouch bod corporate companies
persons the sole and exclusive privilege OF trading with
the Indians in all such parts OF North America Except
as hereinafter exceptedD shall be spo, fled in such
grants or licenses thing contained in any act acts
oipariamen or any law to the contrary notwhstand-
1 ing.
H. Provided always and be it further enacted That
such grant or license made given by his Majesty his
heirs or successors OF such exclusive privileges of
trading with the Indians in such parts Of North America
as aforesaid shall be made given for any longer period
demanded for respect Of any such grant license
or any privileges given thereby under the provisions of
and after the expiration Of such first period Of twenty
years shall be lawful for his Majesty his heirs or
successors to such rents in any future grants
licenses to be made to the any other parties
shall be deemed just and reasonable, with security for
the hereo and such rents shall be deemed part
OF the land of his Msjesty, his heirs and
cessors and be applied and accounted for as the other
land revenues Of his Majesty his heirs, or successors
shall at the time Of pay of any such rent ing made
be applied and accounted for
III And be it further enacted That from and after tho
passing OF this act the Governor and Company OF Adven
tuIers trading TO Hudsons Bay and every body corpo
rate and company and person to whom every such grant
or license shall be made given aforesaid, shall
pectgely keep accurate registers of all persons in their
employ E any parts of North America, and shall in
each year. return to his Maesty's Secretaries of State
accurate duplicates Of such registers, and shall also
ter into such security shall be required by his Maes
" for the due execution of all criminal and
civil we'll within the territories included in any such
grant as within those granted by charter to the Cover
nor and Company OF Adventures trading to Hudsons
and ka plIvarI int netn
~ Tor purpose OF trial. Of all persons in their employ
acting under their authority who shall be charged with
any criminal offence and also for the due and faithful OF
seivance Of all such rules regulations and stpuations
shall be contained any such grant or license, either
or diminishing or preventing the sale or distribution Of
liquors to the Indians, for promoting their
mora! and religious improvement, or for any other OBJ
ect which his Majesty may deem necessary for the re-
medy prevention of the other evils which have hithsr
to been found to exist.
tween his Majesty and the United States OF AHerica it
vas stipulated and agreed. that any country on the
North West Coast Of America, TO the westward OF the
stony Mountsns should be free and open to the citizens
nd subjects of the two powers Tor the term Of ten
therefore enacted tina, nothing in this act contained shall
be deemed construed to authorize body corporate
company person. to whom his Majesty may have
under the provisions OF this act made grant given
license OF exclusive trade with the Indians in such parts
If North America aforesaid to claim exercise any
such exclusive trade within the limits specified in the
said article to the prejudice exclusion Of any citizens
Of the sand United States Of America, who may i've
gagged IN the said trade Provided always that British
subject shall trade with the Indians within such limits,
Without snch grant license is by this &C, required
v. And be declared and enacted that the said act
passed III the forty third year OF the reign of his late
Majesty, ntuled an act for extending the jurisdiction Of
The courts OF justices in the provinces of Lower and
Upper Canada to the trial and punishment OF persons
guilty OF crimes and offences within certain parts of
North America adjoining TO the said provinces and all
'he clauses and provsos therein contained. shall be
leemed and construed, and and are hereby respec
lively declared to extend to and and TO be in full
force in and through all the territories heretofore grant
to the company Of advenurers OF Eng trading 10
Hudsons Bay anything in any act or acts OF Parlia
nen or this act in grant or charter to the CON-
pany, to the contrary Notwithstanding.
VI And be it further enacted that from AM after the
passing OF this act the courts OF udicature existing
or VIII CHI may be hereafter established in the province
afupper Canada shall have the same civil jurisdiction,
power and authority as well in the cognizance OF suits
IS in the issuing process, and final and in all
other respects whatsoever, within the said Indian terri
ioiies and other parts of America not within the limits
Of either CT the provinces of Lower or Upper Canada or
OF any civil government Of the United States the said
courts have or invested with within the limits OF the
said provinces Of Lower Upper Canada respectively
and that all and every contract agreement, debt ab
iity and demand whatsoever, made, entered into in
CURED arising within said Indian territories and
other parts of America and all and every wrong and
injury 10 the person or TO property real or personal
deemed to be OF the nature and be cognizabe by
the same courts, magistrates or justices OF the peace
and be tried in the manner and subject TO the
same consequences In all respects, as The same had
been made entered into incurred, arisen committed or
done within the said province Of Upper Canada; any
nng IN any ac or acts Of Parliament or grant or charter
10 the contrary Notwithstanding Provided always that
courts have or invested with within the limits oil the said
suCn HCuons feIatng 10 lanusi VI 10 any
claims IN respect Of land not being within the province
Of Upper Canada, shall be decided according to the
laws OF that part OF the United Kingdom called Eng
land, and shall not Do subject TO affected by any
local acts, statutes or laws OF the Legislature Of Upper
Canada.
VII AMI DO 1t further enacted, That all process writs
orders judgments, DEGREES and acts whatsoever, to be
issued made delivered, given and DONE by OF under the
authority OF the said courts either OF them, shall have
the same force, authority and effect within the said In
dian territory and other parts of America as sforesuid
as the have within the said province OF Upper
Canada.
VIII. And be further enacted, That shall be law
ul for the Governor Lieutenant Governor or person
administering the government for the time being, o
Lower Canada by ission under his hand ami seal
to authorize all persons who shall be appointed Justices
OF the peace under the provisions of this act within the
said Indian territories or other parts Of America as afore
said any other person who shall be specially named
in any such commission to act commissioner within
the same for the purpose OF executing, enforcing and
carrying into effect all such process writs orders judy