, 1855-01-13

tdlUtu. IL therefore, We lOOk TO Inc tftCH-
ti0R Of the parties for true Interpretation
'of the terms of the treaty, it cannot be sup
posed that the United States ever inten-
ded to confer proprietary interest in the
soil to either of those companies. On the
contrary, by the common sense construction
of language, it was only intended that they
should not, for the present, be disturbed in
= their actual possession and that the same
should be respected" The word ''res-
pected" as used in the treaty, can in none
of its Specifications be construed as refer
ring to the degree of title which was re-
ceived, but the word "possessory" alone
marks the degree Of right guaranteed, but
the word respect only has regard to the
light in which that possession shall be
viewed. These words were used in the
treaty not for the purpose of comforting up
on these companies all the rights which
they might claim by virtue of grants from
the crown Of England, but simply TO Sc
cure to them the right to enjoy the naked
possession Of so much of the country as
had been brought under their dominion by
the actual use and occupancy thereof. The
lIudson's Bay Company nor its agents, nor
any one by virtue of Royal grant, had
right TO occupy and use the land in the first
instance. Having no right, they were tres
passors-and being trespassors-th must
be confined to limits, not such as they
claimed, but such only as they enclosed,
cultivated, and used for agricultural purpo-I
ses. Under such circumstances bounda-
ry line marked by blazes upon the trees, or
by the Telling of timber in such o way as to-
form a wide fence, or by being used as a
range or pasturage for cattle, or by being
made a sheep walk Of without an inclosure,
or by being annually resorted to for rail
and board timber, house logs, &C., by the
laws Of this or any other country is not
looked upon as such an occupancy or pos
session as would enttle it be respected
The inclosure marks the limits of such an
occupant the conclusion then is irresista-
BILE, that these companies are entitled under
the treaty to just such lands as they enclose
and cultivate and 10 more, or at most to
such others only as will enable them to en-
joy what they have enclosed and cultiva-
ted. The ranging and grazing of cattle
the occasional roaving Of few fur hunting
adventures, is entirely too loose, vague and
indefinite possession TO entitle it to "res
pect," and further this right they have to
use and enjoy the lands they occupy and
cultivate is not such right as can be part
ed with by the company to any other per-
son than the ultimate proprietor. II at
taches to the company and its agents alone,
and whenever that possession is abandoned,
the lanl belongs to the Government of the
United States, and cannot be again occu-
pied ny the company but is liable to be
used or occupied by citizens Of the United
States as other lands belonging to the gen.
eral government The rights which these
companies have are in this respect very much
like those which the Indian enjoys, viz Al
right which the United States will "res-
pect," but not acknowledge as perfect---a
title which admits of no alienation except
TO the government ....
Your memorialists do not desire to argue
the validity of the claims Of either of these
companies all that they are entitled to,
they wish them to have, but they do most
earnestly desire that their claims shall be
settled-rendered definite and certain, for
as they now stand with their claims extend
ing over an indefinite extent of country,
unmarked by any boundary, and those
claims not asserted until some emigrant To-
Gates and improves, they hang like an in
cubus upon the best interest Of the Terri
tory. Your memorialists would therefore
most earnestly pray that some steps may
be taken, and that speedily, by which our
territory shall be freed from this Upas, be-
meath whose branches every thing in our
midst withers and dies. We will not pre-
tend to suggest the precise nature of the
remedy, but will leave that to the wisdom
of Congress. The best interest of the Ter
ritory as well as the peace and quietude of
the citizens, demand that something shall
be done upon this subject Suits are now
pending and more in readiness TO be
brought in our courts, for trespasses by
the citizens upon the unmarked, underlined
and unoccupied lands Of these companies.
The citizen is prevented from progress
sing in any permanent and valuable i'm
provement, lest when it shall be compile
ted he will be compelled to incur heavy ex-
penses in litigation with one or the other of
these companies. Thus they prevent the
valuable Improvement of the country by
others, and fail and refuse to make it by
themselves Your memorialists mighGeite
numerous private and individual instances
of injury aud hardship caused by the un-
certainty of the character of the claims of
these companies among us, but they deem
it unnecessary. Their desire being only to
call the attention of Congress to the sub
ject, belieyingsSthat upon full and thor
ough invssHgS of the matter, justice,
full and comptet will be done, and this is
T all your memorialists desire.
T No PRINTERS THERE.-The report of the