, 1858-09-24

lSlO"H nus TiSuJ " huGhOIIno tuO ui'Ol
= sion of gold, the material Of coinage, from
: the specific purpose to which the law ap.
] propriates it. In receiving money for Ii.
, censes to dig gold, he sells that which is
not his, and the crown, if it is the owner
Of the gold, as the Governor alleges, may
legally confscate every ounce of gold dug
under the Governors license.
The most aggravating circumstances
: connected with this extortion is the fact,
that the name and authority of the crown
/ are invoked, not for its benefit, but to fill
the Golfers of the Hudson Bay Company
: The form of license above quoted declares
that the license fee is paid on account Of
, territorial revenue. Governor Douglas is
} not only the territorial Governor of Van
couVer's Island but the chief factor Of the
, Hudson Bay Company.
In l848, Vancouver's Island was grant
ed to the Hudson Bay Company, and that
company assumed the expenses Of the pos
session Of the island, and appropriated all
the revenues of the island. The territorial
revenue enters into the treasury Of the
company. The tax imposed upon our
mines goes not to the crown, as is pre-
tended, but to the company, who have not
where the gold is situated.
The next question which / propose to
consider is the more important one, Of the
right Of the British authorities to compel
our miners and citizens entering the gold
regions in New Caledonia, to purchase
their supplies solely Of the Hudson Bay
Company, and to prohibit the passage Of
vessels except upon certain onerous condi-
tions.
The right to enter foreign territory for
lawful purposes is claimed by all civilized
nations As Chancellor Kent says =
Every nation is bound to grant passage
= for lawful purposes over their lands, rivers
and seas, to the people Of other States,
whenever it can be permitted without in
convenience, and burthensomo conditions
ought not to be annexed to the transit ol
persons and property" He also says -
} "As the end of the law Of nations is the
happiness and perfection of the general So
ciety of mankind, it enjoins upon every ma.
ton the punctual observance Of benevo-
lence and good will as we'll as justice
towards its neighbors This is equally the
policy and duty Of nations. They ought
. to cultivate free intercourse for CONNER
. cial purposes in order to supply each other
, wants and promote each others prosperity
) The variety Of climates and productions On
! the surface Of the globe, and the facility oI
: communication by means Of rivers, lakes
and oceans, invite to liberal commerce as
: agreeable to the law Of nature, and ex-
, tremely conducive to national amity, indus.
: try and happiness" need not point ont
to you how utterly inconsistent with these
, principles are the ve1atiOus restrictions i'm
posed by the proclamationS above re-
ferred to.
The right Of trade with and entry into a
foreign country, is called by lawyers one oi
imperfect obligation, and is subject to the
discretion Of the government which tole-
rates it. But II exists until forbidden or
restrained by positive and binding law.
, maintain that no positive law exists Of
binding authority which fOrbids the free
entry Of persons and goods into tho British
possessions on the northwest coast.
Very vague and inaccurate notions popu-
larly prevail with respect TO the rights Of
the Hudson Bay Company on the north
west coast. The company itself has given
currency to the opinion that it possesses by
charter, absolute territorial rights over the
whole British possessions on the northwest
coast. Nothing can be farther from the
fact.
In 1910, a royal charter was granted by
I Charles H., for Incorporating the Hudson
Bay Company. The grant to the company
was Of "the sole trade and commerce ol
all those seas, straits, bays, rivers, lakes,
creeks and sounds, in whatsoever latitude
they shall be, that lie within the entrance
, Of the straits, commonly called Hudson's
Straits, together with all the lands and
territories upon the countries, coasts and
confines Of the seas, bays, lakes, rivers,
creeks and sounds aforesaid, that are not
already actually possessed by or granted to
any Of our subjects, or possessed by the
, subjects Of any other Christian prince or
State, with the fishing Of all sorts Of fish,
whales, surgeons, and all other royal fishes
in the seas, bays, inlets and rivers within
, buo piOuioSS ullu buO uou tucEClu tohoui
together with the royalty Of the sea upon
the coasts within the limits aforesaid, and
all mines royal, as well discovered as NOT
discovered, Of gold, silver, gems and pre-
cious stones, to be found or discovered
, within the territories, limits and places
aforesaid !" and the charter declares thai
"the said land be from henceforth reckoned
as one Of our plantations or colonies in
America, called Rupert's Land"
By reference to the best maps it will bG
seen that "Rupert's Land" extends on the
> west only to the eastern base Of the Rocy
: Mountains. 1t includes none Of the North
5 west Pacific possessions.
The validity, even, Of this charter bs'
3 been seriously questioned. Eminent law
yerS have asserted that the sovereign in thl
5 exercise Of the prerOgatives Of the crow
may grant charter, but that it has Away
/ been held that no sovereign can grant d