The daily union., 1846-09-30

demands H. and we yield it, and that tells the whole
story.
We grant the free navigation Of the Columbia
south OF 49o indefinitely, or IN other words forever
The stipulation reads thus: From the point al
/ which the 49lh parallel shall be found TO nterseGt
the great northern branch ofthe Columbia river, the
navigation ofthe said branch shall he free and open
To the Hudson Bay Company, and to all British
subjects, trading with the same, To the point where
the said branch meets the main stream ofthe Co
lumbia, and thence down the said main stream to
| the ooean,"&c.
Here SIR, 10 grant of free navigation, limited in.
deed In its use, but unlimited IN It's duration. Ii Is
TO endure long us the Hudson Bay Company
shall endure and to ascertain The longevity OF the
one We must seek to ascerIals the longevity Of the
other.
The Hudson Buy Company was incorporated by
Charles the Second, by charter dated May 2, 1911
The third section OF that charter provides, that "ihe
| persons named &c shall be one body, corporate,
and polite &c. in deed and 10 name, &c, real and
fully Jorstsr,"&c And the twelfth section pro.
yldes, that the corporation shall "enjOy &c. all
and singular the premises hereby granted with
their and every of lher rights members, and jurls-
dIctons, prerogsiives, royalties, and appurenances
whatsoever, to them, &c, and their successors FOR
EyEH, &c, paying yearly 10 US for the same, two
e,ks and two black beaver, whensoeyer, &C., we
our heirs, &c, shall happen to enter into The said
country" &c.
Thus we find the corporate life pernetual; and sp-
plying the charter to the treaty, we have the true
measure of the obligation, which this stipulation
will Impose upon No one m this body will de-
ny, that the giant is without limitation and will ex
lst as long the grantee exists unless there are Ie
sTaBng circumstances which will reduce thla br0ad
| term JorsVp wiIhin narrower linus No member
does deny IL. And he who seeks elsew here than
in the treaty, and in the charter to change this priv
| llege from perpetual TO a temporary one is bound
to state his case fully and fairly TO prove it. The
burden is upon him.
Well, sir, this effort is made, and il is our duy
! 10 investigate II; 10 know what We are actually
| called upon TO cede, and how make that ces
sion less, II It be found INJURIOUS in itself or dshonOT
able in s character. And this effort ia made by
two different hypothesis, Il | may be permitted to
| divert that word from its true meaning, one OF
| which depends upon assumption without proof
and the other upon facts eoniusedy and conITadic-
touly stated here, because impeTfectly known, and
| which, fuue IN their extent would not touch our
Obligations under this convention
The senator from Missouri has cut this new Cor.
dian knot at a single stroke. "NoW," he saws
"there happen to be two Hudson Bay Companies
and those who do not attend TO that little fact NAV
fall into great error" He then proceeds TO select
MIRO mota Of these companies as the grantee OF
this privilege and limits this existence to twenty.
one years, and thus relieves us from the embarrass
ment, which is obviously felt within these walls
and which will become grave source Of dissalis-
| faction out Of them.
| Now, sir, If the honorable senator be correct
what sort Of a spectacle these two governments
exhibiting 10 the worldi England sends us proj.t
granting on part of the most important PRIV
Iegcs, which one Independent nation can We'd to
another, and there are two corporate bodies Of the
same name, which can receive II; one Temporary in
it's duration, and the other perpetua and the granr
IS temporary or perpetual, as II the one OF
to the other. And yet this convention purporting
to terminate present difficulties, and to prevenr
future ones, docs not designate which Of these two
corporations the recipient Of this great concesson
which is the Dromco; and we, with full
knowledge OF oil thls instead Of applying the proper
remedy, and Identifying, hy a resolution, the com
pany, which Is to profit by our concesslon are
grayey employing ourselves in determining, II the
phrase stands as It Is, to whom we are granting il
! Ten words written IN the convention, while II is
now in power, would settle this question, and
leave at the end of thirteen years in full
| possession Of our sovereignty But these words
we have refused to insert, and the senator
from Connecticut, Mr.. NiLEs,l found but ten
votes In favor OF his proposition, THAT the
right Of navigating the Columbia river, secured to
the Hudson Bay Company and to all British sub.
jects trading with the same, be limited to the year
A ID. 1862 when 1t shall cease and Determines" al
though we have a full knowledge Of the expeca.
tons oflhe British government and OF the consruc.
ton they put upon their words and of the sen.
tlments and warnings Of the American minister. In
his despatch of May 18th, Mr.. McLane, after sta
ting that in consequence (among other thngs) oi
an expectation that in the United States this pon
'may not be absolutely insisted on" tells us tha
the British government "coud not be induced in the
first instance TO make offer with such quafca
tion yet if the adjustment of the question should be
found TO depend upon this point only, they would
yield the demand TO the permanent navigation of the
river" &c. But, sir, neither is the British nor the
| American government obnoxious TO this charge o
double dealing, by proposing and ratifying conven
uftnty IA
without identifying which, and with the knowledge
that one party intends to epply the stipuIations to
one company, and the other to another.
The senator from Missouri says there are two
Hudson Bay companies, and warns of the grsa
error into which we shall fall If we Go not attend tc
this lille fact But say, the honorable senator has
himself fallen into error. He will find there is bu
one company. He produces no proof of this fact, be
II little Of great-nohe whatever. Ii rests upon state
ment. l now call for the authority, personal, po
itlca, or historical. The necessary proof devolvss
upon the senator, who has the affirmative of the
question. And before the fact can be assumed with
q view to influence our proceedings, its existence
must be established. l have already quoted extracts
from charter, incorporating one Hudson Bay Com.
pany forever. Leta charter be produced which in-
corporates another, for limited PERIOD and then the
fittie fact may prevent the great error Till then
adhere to the la,D and 10 the testimony.
i The senator likewise states that the old company
as he calls 1t, the only one | call it, 'has nc
rights under its charter west of the Rocky noun
tans." The second company, he says, erists under
license. at bears the name of the Hudson Bay
Company; but it is distinct from the chartered
company OF King Charles, that it can carry no
trade on the waters Of Hudson's bay, as the old
Hudson Bay Company carry none on tn,
waters of the Pacific ocean" All this, sir is in my
view, erroneous, wholly so--resutng from some
misapprehensIon, know not what. No corpora
ton can be created in England by license. 1t mus,
be done by charter, with or without act of Par
lament license to trade with the Indians Il ere
as here, is but special permission, granted by the
government TO prevent the abuses TO which this
traffic Is liable. II the American Fur Company
founded by Mr. Astor, had been incorporated by
Congress instead of the legislature of New York
with right of exclusive trade with the Indians in
one of the territories of the United States, it
have borne not little resemblance to the Hudson
Bay Company. II, by virture Of another act au.
ihorizng the Executive to issue licenses 10 trade
with the Indians, similar in Of its general
principles TO the existing act regulating traue and
intercourse with the Indian tribes, a license had
been issued to this fur company to trade in some
other territory than that named in its charter for