The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-08-08


Mr.. Slldell has returned here from Saratoga
HIS presence here AT this particular juncture, has
some connection with our Mexican relations.
know il To be the intention of the President TO send
Mr.. SGdell back TO Mexico should an opening oc-
cur for the resumption OF negotiations.
GALvIENsIs.
WASHINGTON, Aug. 8, 1876.
Highly Important Adpicss Relative to the Oregon
Treaty-Ihe Construction of the "Frs Nauiga-
ton" Clause in Emgland-The Hudso~'s Bay
Company's Charter--Eriract from the sams-
Pettifogg,ng of the British Gopsrnmsnt-Seeet
Session in Relation to Msrico-Rumors
few days ago gave you the construction put
upon the "Free Navigation" clause in the Oregon
treaty, by those who made the treaty on the part
of the United States. You will remember that
stated that the charter cfthe Hudson's Bay Com
pany is perpetual--that the rights derived from
that charter do not extend west Of the Rocky
Mountains-that to that charter was added per-
NIT for a term of years, granting the privileges
which the Hudsons Bay Company now enjoy
west of the Rocky Mountain. | added that the
reasonable construction ofthe clause granting to
the Hudson's Bay Company the free navigation
Of the Columbia, is that such right of free naviga
ton will expire simultaneously with their present
grant. added, further, fact, winch is beyond
Company will expire before seven years from this
time, and | consequently gave as the farthest
limit OF their right TO the free navigation of the
Columbia, the termination OF their present grant,
which expires in 1858.
twas in this spirit, and with this understand
ing, that the treaty was concluded on the part Of
the United Sta ties, and there was every reason TO
hope that the British government would give TO
it the same enlightened and liberal construction.
But lTegret to say that il is not SO. The British
Minister for Foreign Affairs, in conversation
with Mr.. McLane on the subject, has denied that
this is the proper construction of the article in
question, and insists that the free navigation Of
the Columbia is granted in perpetulty 10 the Hnd-
sons Bay Company. His argument is ths-"You
have granted. by the Oregon treaty, the free navi.
CATION of the Columbia river to the Hudson's Bay
Company, and to British subjects trading with the
same. But the Hudsons Bay Company is by
their charter perpetual corporation. Therefore.
the rights conveyed to them by your grant are per-
petuaI. Therefore, their right, to the free naviga-
ton of the Columbia is perpetual. You have
made no condition or reservation. You have no
right to enquire whether or not the Hudsonb Bay
Company have business on the Columbia or not.
You have given the right and we mean to take
advantage otit. The right ct free navigation was
given, not to corporation having privileges IN
the Oregon territory for term OF years, but TO
the Hudson's Bay Company-you knowing before
hand that the charter of that company is per-
pe'ual This is our construction OF II, and as the
letter of the treaty is in our favor, we mean to
hold you to it,"
and they can hold us to it, throwing the intent Of
the trainers of the treaty Notwithstanding
overheard the fact, that it was at the suggestion
of their minister, MIR. Pakenham, that no reser-
walton as to time was inserted throwing over
board the fact that the honor of Mr.. Pakrnbam,
and implicitly the honor OF his government, wa
involved in the fulfiment of the treaty. &c oding
to the original intent and understanding With
which it was signed at Washington. When the
question arose afterwards, as 10 the construction
likely to be put upon it by the Brush govern
ment, MIR. Pakenham was consulted, but dsei'ned
a direct reply, saying that he would consult hls
government. Mr.. McLane, In accordance with
instructions received from the STATE Department
at Washington, waited upon the British minister
for foreign affairs, who declared, rs have before
stated, that the British government would inss
the perpetuity of the grant Of the free naviga-
ton OF the Columbia. This is piece oil petit
Jogging chicanery that viii rebound little to the
credit Of the British government But what care
they so that they have the pound OF flesh
The following is the clause of the Hudson's Bay
Company's Charter, that guarantees them the
perpetuty of their rights, east Of the Rocky.
Mountains. The charter is dated The "a day, oil
May, in the I'D year of the reign of Charles ii.
The third section provides, 7" that the persons
named, and such others as shall be Admitted into
the said society, as is hereafter expressed, shall
be one body corporate and politque, IN deed and
in name, by the name of The Governor and Com
pany of Adventures Of England, trading into
Hudson's Bay, and them by the name Of The Co
vernon and Company of Adventures OF England,
uaQlnS INTO f1uQSOn bay, one OOuy COIpOIdto
and politique, in deed and in name, really and
fully forever for us, our heirs and successors, &C.
Section H. And further we do by these pre-
sents, for us, our heirs and uccessors, make,
create and constitute the said governor and COM
pauy for the time being, and their successors, the
true and absolute lords and proprietors OF the
same territories, limits and places aforesaid, and
OF all other the premises, saving always the faith
and allegiance, and sovereign. DOMINION, to US,
our heirs and successors for the same, to have,
hold, possess, and enjoy the said territories, IL
mits and places, and all and singular the premises
hereby granted, as aforesaid. with them ana
every OF their rights members, Jurisdictions pre-
negatives, royalties, and appurtenances whatso.
ever to them the said governor and company and
their successors forever to be holden OF US, our
heirs and successors, as of our manor oil East
Greenwich, in the county of Kent, in free and
common soccage, and not in caPite or by knights
service yielding and paying yearly to us, our
heirs and successors, for the same, two elks and
two black beavers, whatsoever and as often as
we, our heirs, and successors shall happen to
ter into the said countries, territories, and regions
hereby granted"
have said that the letter of the treaty favors
the British construction. But If they persist IN
enforcing this construction, will be by species
OF special pleading unknown in the history OF pro-
tocols. Great national questions are not to be
measured by the rule and compass OF common
law. AS Edmund Burke once said, " as well
might rabbit that breeds six times year, be ex-
pected to know of the CESSATION of the elephant,
as special pleader to be acquainted with the
bearings OF great national question:; venture
to assert that any Court of Equity IN Great Britain
after hearing the merits of the case, would decide
against the claim of the British government to
perpetual free navigation Of the Columbia under
the Oregon treaty.
The Senate have had under consideration, to-
day. in secret session, a proposition from the Pre-
sident in relation to Mexico. The nature of the
proposition has not as yet transpired. There are
many vague rumors afoat in relation to it, one Of
which is, that the President requires an appro-
pria,on of two millions, for the purpose of carry
ing out certain projects for the termination OF the
war. II will be all made public in day or two
GALvIKNsIs.
WASHINGTON, Aug. 6, 1916.
Congress, and other Matters porthy Of Record.
The Senate had a long executive session o.day,