The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-07-27
Che British Navigation OF the Columbia
How long 10 IL to last

We are no lawyer, nor the son of lawyer, nor
yetlearned in the law, yet we will venture to take
plain common-sensc view of the rights Of Great
Britain in respect the navigation of the Column
bia river
We commence by stating that the late treaty
gives the free navigation Of the Columbia river
either to body corporate-existing under char
ter, and expiring after a limited term Of years
and with the expiration of the charter expires the
right of British navigaton-or else the treaty gives
the tree navigation of the river in perpetuity to all
subjects universally ofthe British empire.
Ofcourse, our remarks will be based on the
sumption that the treaty has been correctly laid
before the public, and that that, and that alone,
10 to be the law of the land
According TO the published treaty, 3" The maviga-
tion Of the Columbia shall be free and open to the
Hudson's Bay Company, and to all British subjects
trading with the same" Taking Greenhow for
authority, the H. B. Company now exists, and
derives its rights under and from a charter granted
by the British Parliament in 1888, and limited to
the term of FL years. The present H. B. Compa-
my will, therefore, by limitation, cease to exist in
1859 And if it be not then rechartered, its dsso-
luton will be complete and total, and no question
could ever be raised as to any subsequent rights
OF any British corporation British subjects, to
the free navigation Of the Columbia As the right
OF free navigation is confined to two parties, one
of which is the H. B. Company, and the other the
power owning and exercising political sovereignty
over the territory, it necessarily follows that when
the II. B. Company ceases TO exist, then the righ,
offree navigation reverts exclusively to the Ameri-
can Government.
Subsequently to 1889, on the expiration of its
present charter, it is clear the Hudson Bay Com
pany could have no rights of navigating an Ame-
rican river, through American territory, for the
reason that no such company would or could
then be in existence except by act of British
legislation. The question then arises, which we
apprchend to be the great point, is it competent
70 British legislation to give perpetual existence,
and universal commercial rights to British COR
poratiop upon American territory Can British
legislation give, or do, any thing upon American
soil Or rather, is it not null and void, quoad
Amencan territory We apprehend that it must
he null and void. Therefore, the Hudson Bay
Company can have no existence, much less, rights
ofnavigating an American river, without an act of
British legislation also il can have such rights
by virtue of British legislation. Had it been the
intention OF the treaty TO confer any of these post
movtem rights 1t should carefully and in due legal
form and technicalty have specified " TO the Hud-
son Bay Company, its heirs and successors" etc.
But the language of the treaty is I" to the Hudson
Bay Company, and to all British subjects trading
with the same" Now the Hudson Bay Compa.
ny is limited in every way; it is limited in num-
bers, for they are all registered by name; limited
to hunting and trading, without owning rod of
territory in fee, and without any agricultural
powers or privileges. This, and such, is the Hud-
son Bay Company named in the treaty. But
what may it not be under new charter from the
British PGlSmsnti Parliament may make its
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