The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-11-02

ACharter ofthe Hudson's Bay Company.
Prom the London Post Oct Is
me question of the HudsOns Bay Companys
charter has hitherto been considered almost exclu-
1veiy In one approximately, in that OF contest
petween Canada on the one hand, and the last sur
wing trade monopoly on the other. The commitsse
81 The House Of Commons appears TO have deale WIN
the subject in the same light, just as II Canaoa
were the plaintiff and the company the defendant. Ia
an action of ectment brought by the former Ior Inc
recovery Of territory in dimensions ot snatb hae
fanciful, because the claim urged by Cnief justice
Draper on behalf Of the province was that the re-
spective boundaries Of Canada and OF the Hudsons
Bay territories should be judiciously determined,
and to this question the committee appears to
have given a convenient goby. The reason
for this course is sufficiently obvious The monopo
H Of trade which the Company has SO long enjoyed
Is absolutely illegal, and therefore, if the charter
which granted the monopoly were submitted to the
Privy Council, or to any ordinary tribunal of the
land, it must to that extent be declared invalid. On
The other hand It is contended that the rights Of the
Company to territorial possession valid and that
the effect of any litigation would be this-to declare
part of the charter legal and another part lille
GAL and to throw upon the Court the duty of ba-
hncing the long continued uses of the privileges
supposed to be valid with those which the law Off
GERS Of the Crown have admitted to be illegal. We
have very confident belief that If either the Privy
Council or the Court of Queens Bench were called
upon to decide the question of the legality Of the char
YER, the decision would be adverse to the COmpanyup
on the ground that the rights of territorial possession
are simply incidents Of an illegal trade monopoly,
and that the one cannot stand without the other.
We therefore clearly understand the reasons OF that
refined diplomacy which hitherto has been exercised
TO screen the Company from the investigation of any
legal tribunal A committee of the House Of Com
mons 10 no more able to deal with any OF the ques-
lions which we have mentioned than it s competent
10 issue writ of habeas corpus; and therefore we
not surprised that the members of the Hudson's
Bay inquiry, should far as possible, have ignored
all the legal considerations connected with the ques-
ton. Mr. Chief Justice Draper in seeking to have
defined the boundaries of the Province, adopted
very wise and Straightforward course. He knew that
the question Of boundaries could not be
determined without careful examination
Of all the documents bearing upon that
gubjectsuch as the charter, various treaties of
peace acts of Parliament and diplomatic papers re-
hting to the extent of Canada whilst in the posses
mon Of the crown of France. This examination
would necessarily have commenced with an impeach-
nent of the validity of the charter ITSELF for, until
that point had been determined all further inquiries
rs to boundaries would have been premature, be-
cause useless. The position taken by the Chief JUS
tice was, however, turned by little adroit ma
DRuvring. 1t was said that if Canada and the Hud-
sons Bay Company chose to submit the question Of
boundaries to the Privy Council, all difficulties upon
that head might be conveniently removed But
instead of the decision Of competent tribunal,
which Canada, by Chief Justice Draper demanded,
the committee have recommended an equitable
arrangement, which, being interpreted, means
compromise and compensation. From the atti-
tude assumed by the people of Canada since the
publication of the report of the committee,
compromise and compensation appear to be both
equally out of the question; and knowing, as they
DO that the clergy reserves were surrendered to their
wishes, they are now little disposed to recede from
the assertion of rights which they believe to be
founded in reason and justice.
But the question may be viewed in another aspect
We admit that Canada, from its position on the con-
6nent of North America, has the most direct and
immediate interest in the determination of the con-
test but has the mother country interest in the
future condition and welfare Of large and fruitful
gions, which the evidence before the Committee
proves are well suited for the pursuits of civilized
kfe! nthe territory, which extends westward
from Canada to the Pacific Ocean, there is
ample room and verge enough for two,
three or four separate colonies, which may or may
not be, as convenience Dictates subordinate to the
government of Canada The future government of
this territory is matter which must be determined
upon imperial considerations, especially IA 1t IL
known that the citizens of the United States pay
little respect TO boundary line which exists only
upon paper and that they now in defiance Of the
Hndsons Bay Company quietly settling and trading
within the British territory. II 1t be right, AZ the
committee suggest, that the company should now he
confirmed in the possession OF lis trade monopoly in
the more remote regions OF the north the interests
Of England Undoubtedly require that every locality ut
Tor any description Of industrial enterprise should
not be closed TO the people of this country
and of Canada. The evidence taken be-
tOre the committee Satisfactorily establishes that
abe territory possesses valuable minerals, including
large deposits of gold and copper coal fields Of vast
extent, and highly productive fisheries, and that
these mostly abound where the land IL not adapted
for agricultural operations The only inference which
an impartial observer can draw from the evidence
given before the committee IL that the value Of the
fur trade is nfinitesimal In comparison with the
advantages which this country would derive If the
monopoly Of the company were abolished altogether,
and new fields of profitable occupation were opened
to British enterprise. The population of Canada
now exceeds two millions and a half The tide Of
emigration, both in the Province and in the United
States is steadily flowing TO the West. and in all pro-
liability the day Is not far distant when railroad
from Lake Superior TO the Pacific, passing the
whole way through British territory, will connect
the two Oceans Whatever course may be adopted
next session-whgtever proposal may be made with
. view TO compromise and compensation-one thing
II quite clear that civilization by some other
viii be brought into direct contact with the solitary
and unmproving reign Of the Hudsoh's Bay Com.
pany, and that the one, by an inevitable law, must
rccede before the advance OF the other. Inconclu.
sion we ask IL this object 70 be accomplished by
England or by Canada " II 10 be left to that gra-
dual process of annexation which In instinct OF the
people Of the United States2 Unless Parliament
adopt some decided course Of action in reference TO
this important question, another boundary dispute
between this country and the United States may
arae infinitely more difficult of adjustment than that
which few years ago, nearly provoked q war and
which terminated In an arrangement stgmatised by
Lord Pamerston 1.-THE Ashburton captuation."