The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-07-28

roS Sfrosemenls upon tbs rights Of Hadsoas lay
the Ins:os IN The Britain on the north
oosst I" America 10 the exclusion OF ell other persons
And also that after fourteen days from the date Of this
my proclamation, all SHIPS, bos0 and vessels, together
with tie goods laden board found in Frazer river
possessons the northwest Of America having
license from the Hudscu's Ray Company and suffer
shall be liable 70 forfeiture and viii be seized ana con
dsmsed according TO lAW.
Given under ny hand and seal a! Govsrn~srt House,
viccris this eighth day Of Nay in the year OF our Lord
Thousand eight hundred and nifty eignt, and In the
twenty FIAT year q her h,s.Sy ~, r reign; s o,v.
BY his Exoellsncys command, RICHARD Gorlxocx,
Gcd save the Queen
copy OF the suersnce referred TO in the Governors
proclamation follows
GENERAL surrERAScs
PoRr VICTORIA, Vancouver's Island.
These TO certify to eli whom doth concern, that
the suesapce for The present voyage granted On the
condition aDneSed 70 master OF the -, burthen
- toes. mounted with - guns navlgased with -
ssngers, their ugsase provisions and mining tools The
above mentioned register being deposited IN inc Gus
said ~~ According to aw. RoDK. NSLAYs0N,
Pro Hudson's Bay Company
ma, he ovnsr Of he Sosi does bind himself 70 70.
oeve other goods board but such goods q belong
to the H.dsoas Bay oOmpsay - ,,.., 40 -
import guBpewder, ammunitien or utensils Of war ex-
Dept from The United kingdom:
except the said passengers do produce gold mining IL
oenss and permit from the government as vancouvers
That the said owner also binds himself not to trade
with Indians.
rhs first consideration presented Is the effect Of these
proosmstoos, provided thsy should DO submitted 70,
upon the enterpre Of the citizens OF the United States
is estimated By the nos Intelligent gentlemen OF the
Pacific that less than forty thousand persons will
49, r.
present year Nearly all these persons viii be citizens Of
the United States The tax OF twenty one shinss (say
1--WE doAs month upon thesc forty thousand persons
Will amount in to two million four hundred thou
sand dollars The consumption Of provisions, clothing,
&C., Of these mon caupot be estimated at less
than thirty dollars per north, NJ the fair COS.
OF the supplies. If the Hudsou's Bay Company
should have the exclusive right of furnishing supplies
they will receive from these miners the OF fourteen
millions four hundred thousand do,srs But it is shown
by evidence before the British Parliament thas This
company been the bxbi OF charging supplies
furnened to persons outside the company profit Of IRON
two hunored 70 three hundred per cent rhe.e Supplies
cannot be drawn from the present OF the Duo
sons Bay Company, but must be obtained from the STATE
Of California and the Territories of Oregon and Washing
ton So tbs. " fact these Sates compelled 10 make
the Hu5soas Bay Company Their factor for the sale OF
their produce and allow them all the profits from che
sals CT goods 10 their osn citizsns
THE simple ststeneu. sufficient that state
Of things exists In the newly discovered gold regions
which cannot bs submitted TO by American citizens
Icss inpcsca by positive sod Imperative law.
have beeitson 10 declaring the opinion that these
proclsmai.ons Dsve been mste without any legal or
bncrG slscrity hiCh ahcnld ne respected By ct
zeps eovernrnect Of tbs Uni.ed Slater.
Tho too mpoFtsut questions presented are the author
y Of tho Governcr Of vanoouvers Island to impose
OF tweusy shillpgs per month upon every parse,
ssarcg Cor gotta Frazer or Thompsoo rve-s aud the
cSss. tb Supplies o% hs EuS,eu nsy 70 uT
the 6rss question which propose to consider the gn
to lmpese the tax, and demand a lice nse.
IL Is well known that the right Of tie British
all hcse mines which se properly royal, namely, those
Of eoso and silver aocen,y claimed OF u pre-
Hw- h-A a. ,ta
the King prerosatve Of coinage In order 70 supply
with nlssiiss" Tbs reason for this preroGa.ve men
tened By Blackstone is sufficient 10 show that
EXIT The coinage have not for centu
asd probably never will be furnished BY the working
DO lcpser exists, "cessnne raone cesI lezn This pre-
negative bss been Obsolete irom II has never
been exercised In the United Krgdom. II has no. been
called IN force in Ireland although considerable olAcer
~ashlpgs have been worked there Of aie years II has
never been applied on this continent
Tho late discoveries In Siberia, California and Australia
have shown that the most extensive deposits Of gold
not in mines proper, bot a'e dhased through the soil
Mines proper, which ancerty supposed gold was
70 be found berg entered By simple shs aud deveoped
by adv ana levels beneath the ground could he worked
.ithnus disturbing inc Superficial son The Of
would be totally Inconsistent with private rights IN the
soil and from considerations Of public policy cannot be
Tne crown undoubtedly possesses the right prohibit
requisite by Law the digging for gold 10 It's ssessons
TIMBER using the soil but 10 the absence positive law
prehibtpg such occupation and use is believed To be
the rgot OF every VINO enters tOtAly
cuped country 10 cut timber and wood 70 consume tue
fruits q the earh and gather all the products Of SOIL
which have not been before appropriated believed
that, while the jurisdiction simply OF the British crown
over The territory OF Frazer and Thompson rivers Ia
not questioned the crown has made 90 appropriation OF
toe natural rights OF Wild nd u,occupe1 country
Until tie passage Of sucn positive by proper aulao-
eo5,,,y s A. much az be has the rrbl 4, su tnbsr o
appropriate the fruits Of the earth
II further believed thai the s,b OF Governor Douglas
k.fr ID
authorized prohibition 10 enter the gold bearing country
OF New Csledosis, and thai bis demand OF pay OF
mosey Zoe license 70 dig gold h'sa handed usurps
vaoeouveru Island belongs 10 class OF colonies called
Provincial Establishments. As blackstone says;--"rneir
Constructors depend upon the respective conuissions
issued by 70 the Governors, aud The
which Soally accompany those commissions, under tae
authority Of which provincial assemblies coosllp,ed
with the power 81 making local ordinances not repugnan
10 the crown Of England" Rave been unable 10 obrn
copy OF the commission of Governor Douglas, the in-
siTuooDs frst Governor. " clear tns be could
exercise psver which not conferred upoa by
has cor mission and Instructions. Bat II n hardly
ceivssle ,hs; his connissoa and INSTRUCTIONS shou'd
suhcrize bm % regulate or ce,se the digging OF gold
New CAesots region far ds~ni from ms own sssri.
tcVy, and especially when the existence OF gold 10
thss coc Siry not even suspsc . IL Ia not preeudsd
TIA, any law regulating the god dggog Of New Caledonia
do1ia bad been paused o. TIE General Assembly CT
the ooiocy. Indeed, TAI Agruby ba1 notirsl
existence 80 that the power 70 sue theee proosms,ns
had fcrntry claimed uDoer bis commissoa The power
with tne ncy,ce of biz council only, 10 pass such laws
oe cssicefed required oy Toe exsrcy Of the ne. |
have before copy Of despsc from toe Right Hon.
orr5ss o. Lsboccherr, Secretary State of the aperis
eoyerrment 70 Governor Douslas In which the Secretary
says-'sl has been douosed by Authorities couverssnt
In the principles Of colonial law whether the
legally Convey suihority make lava, In settlement
founded BY Engis hmep, even fer temporary and special
purpose 10 any esss'ure eec,ei wholly or % part
sy the settlers taomseives. n this be ths csss the
cause IN your oommiSeou which you relied, would
appesr TO Be warranted ana isvsHd."
Granting the authority OF Governor Douglas over
ysncouvers Island proper there are strong reasons
for h.ftev hat arsi,r nox extao a,
AZ slased 10 you IN former Communicates,
ne has always declined 10 exer-'se authority over
Incia1e the main land In British territory IN
hs cspeohy Of Governor, While he has consented 10
with inem chief factor the Hucsons Bay Com
pany. fur5sr resson believing that his authority
does rot exsbd - the land TIE fact tbs, cou
ruee appointed BY Parliament consder the Of the
British kertn an .rics which are under the