The daily union., 1846-08-27
THE NAVIGATION OF THE COLUMBIA

tnS ANc" iOIh NOuTlcT anu Enquirer - blll Ia
boring hard to show that, under the Oregon treaty,
the Hudson Bay Company has the righ, to the
navigation Of the Columbia in pcpshity. The un-
derstandng Of the treaty by our governments GER
tainy different and if the Courier be satisfied with
its position in upholding questionable British
claim, before u has been made ksOon 10 US official
y BY the British ministry, shall make no attempt
TO disturb its self-complaceney The Courier's
course is much Of piece with that Of other leading
whig journals on the whole question Of Oregon and
to us, we repeat, it seems very much like "taking
sides with the British"
The Courier's argument is briefly this. The
Hudson Bay Company has perpetual charter to
trade in the region watered by the streams flowing
into Hudsons bay. In 1921, the company received
additional grant Of the exclusive right to trade
with the Indians in the Oregon territory. This
additional grant, so extending the range OF the com.
pany's business, was for limited period It ex.
pired, and rsneced in 1888, and il will again ex-
pre in 1859. Now says the Courier, this addition
lgrani only secures to the company the exclusive
right to the trade in Oregon. When it expires, the
company may continue their traffic in Oregon,
though they cannot longer sreIuds other Brit
ish subjects And the treaty stipuates
that the Columbia river "shal Be free and open TO N.
Hudson Bay Company, and TO all British subjects
trading ,oih the same" without limitation Of time,
the Courier argues that the river must be open to
the company so lsng a, IL srsts, and may see fit to
keep up its trade in Oregon in competition with
other traders.
The answer TO this is obvious. The Hudson Bay
Company, as formed by the original perpetual char
ter Of 1910, is corporation for specific purpose, and
,oih specific pOcers 10 be exercised in specified place
Its original charter empowers it to trade in the re-
gon of the Hudson'sbay waters, and gipes Il no potc-
10 trade angohsrs else In travelling out of this
region it travels beyond its original chartered pousrs
When it sought to extend its business TO the Ore
gon territory, it asked and obtained neo additional
license for limited time. If it had gone into the
Oregon territory sthoa ueh neto license, its charter
might have been forfeited for misuser. 1t would
have been departure from the local purposes con-
templated in the original charter and its legal effect
would have been to put an end to the company.
II this view be sound-and believe that il is so
then when the additional license of 1888 expires,
the Hudson Bay Company, ,Gs corporation,
has no more right in Oregon than any other
local corporation chartered for a specified local
purpose. 1t must then pursue its hunting busi-
within its original chartered limits, and these
do not embrace any par, Of the country west of the
Rocky mountains. Failing to do this it exceeds, and
so may forfeit its powers. A Joriiori, therefore,
treaty cannot be construed as to enlarge the limits
of the company beyond their original extent. Ifun-
der the old perpetual charter the company has no
right at all in Oregon, it is little less than absurd so
to construe a treaty made with government like
ours, wholly foreign to the company as to assume
that they hare perpetual right there. The treaty
most manifeStly in all legal intendmen, deals with
the rights of the company it finds them. 1t finds
them created by special additional license for limited
time. Up to the time limited it respects them, and no
longer 1t is surely not bound to respect an Oregon
trade pursued by company under an original char
ter which contemplated and authorized no such trade
but another and different trade.
The Hudson Bay Company which now hunts
and trades in Oregon, is nso company quo ad hoe.
Quo ad hoe it expires in 1859. The treaty makes no
provision for repuing it, when it shall so expire, or
to respect its privileges if so revived by England
A"' 'e'y VII '''e ''''Si hoho ieSarus company
specially empowered to hunt and trade in Oregon up
to the year 1852 Itknows perpetual right of the
Hudson Bay Company in Oregon, and for this plain
reason, that no such perpetual right erists. None
such has ever been granted; and plainly, no such
perpetual right to hunt or trade our Oregon soil,
or on portion Of the Columbia river, can hereafter
be granted except upon consent frat had and OBJ
taned. The treaty stipulaes to respect the eristing
franchise as IL ersts, for limited time. 1t, by no
means, stpulaes to respect revival or an ertensio
or continuance Of it beyond the time limited But
we take leave of the subject.