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

the people Of other slater, whenever cAa be
Conditions ought not 70 be- annexed to the Of
Sons and property" He also says-"As the ena on .a'
law Of naors Is the happiness and perfection Of the gene
pul cuA observance Of bcnevoence and good wiz % @e
q Justice towards its neighb0rs- THIS equauy tue
policy and duty Of nations ia order 10 sap
ply each others wants and promote each others pros
psrty me variety OF climates and productions on the
SURFACE Of the Robe and the facility OF oy
mesps OF rivsrs LAKES and oceans Invite 70 liberal com
mcroe e asrecebe To law Of nature and extremely
nssd no non; out 70 you now utterly inconsistent With
theeo principles tho vexauous restrictions imposed by
u: y so Ss sss sSry into foreign
called By lawyers one Of imperfect obligation, and Is
subjeot to the discretion Of The govessment which
toerses it, Bat exists until forbidden or restrained BY
maintain thai positive Law exists Of binding sutho
ry which iorbds The res entry Of persons and goods
Very vague and Inaccurate notions populArly prevail
with rtspeo to the rights OF the Hudsons Bay Company
currency TO the opinion that possesses by charter abso
Lutte territorial rights the whole British possessions
On the northwest coast Nothing can DO farther from the
In 1870, royal charter was granted BY Charles H.,
for Incorporating the Hudsons Bay Company. The
Of III sScss seas sI ' bays Sers a ses
creeks and sounds whatsoever latitude they shaA be-
that lie within the entrance Of the straits, COMMONLY
called Hudsons Straits, together with all the lands and
territories upon the countries, coasts and confines Of
thu seas, bays, lakos, rivers, creeks and sounds
or granted 70 any Of our subjects or BY TIE
subjects Of any other Christian prince or State with the
Ahing Of all sorts Of FISH, whales surgeons, and oil other
premises and the fish therein taken together With the
roy ally OF the upon the coasts within the limits afore
said And ~ mines royal q well discovered as nos d
found discovered within the territories, limits and
places aforesaid and the charter declares that he said
land be from henceorth recboned one Of our pAnsa
tons colonies in America, called Ruperts Land"
By reference TO the best maps 1t viii be seen that
bsse Of toe Rocky Mountains includes none Of the
Northwest Pacific possessions.
The validity, even, OF this charter has been seriously
questioned Eminent lawyers have asserted that the
sovereign the exercise OF the prerogaves Of the Grown
may grant charter that always been held that
no SOVEREIGN can gran. 70 any Of nis subjects
and this charter having been granted the pc we
privileges sought 70 be exercised under are iuegs
Company themselves early 1920 viz twenty years
after gate ths charter At thst period they pet
toned PACED fer thu confirmation Of thoe
rights snc which had been sought to be granted
to them by charter. The act Of the first OF William and
Mary ID legsze and confirm them but only for the pc
Rod OF years longer rha; act OF Parliament
has been sed zinc, expired 1897
Q,ely charter left where originally stood and
wholly unaffected by any conformity act Of Parliament
The very the charter grant OF terri
tory presumed tonave seen inside IN tae sAr 1910. II
has been nsptaned ha. Charles tho second could
grant whsthe old moi possess much
could be the OF another Power
the veJy Of the charter excluding from the operation
OF the rant those dentca when the Hu5sons
Bay Company c'sm. For at the date OF the chatter
toese terores were thsn iay In possession Of the
crown Of France and held And occupied by lac Conpauy
OF New France, under q charter granted by Louis the
Thirteenth OF France, bearing csts 1926
these facts presented not rs bearing directly upon
the questions have se. Otherwise than as seoSng
cha actersc feature of the company in its illegal and
unwsrran'ed assumption OF privilege and power.
A Controversy having ariseo between the Northwest
Company and the Hudtons Bay Company, aud the dill.
culties having been adjusted the former company
merged toe later, and the tnrtiesh day VI May,
1885 the cowu ued graz. or license TO the au sons
Bay Company OF the exclusive trade with the Inosus in
certain Of North AMERICA for the term OF twenty
years The terms Of the graotbeing as ioiows"We
do grant and give license under the hand arc
seal OF Of principal Secretaries Of State, the
eaid Governor snd company the ducsous Bay Company
and their successoIs for the exclusive privilege Of
ing with the Indians IN all 81 ID parts 10 the ward
and OF the lands and territories belonging 10
the United States OF America shall not form part OF
any provinces Ia North America, any lands
territories belonging 10 the said United States OF Aue
RIGA TO any European government state Power bat
subec. nevertheless hereosfter mentioned sad
do by these presents gve grant, and the SAID
Governor and and their SUCCESSORS the aad
exclusive privilege for the full period Of iwentyone
from the OF this grant of trading
lnoans In all such parts OF North America Aforesaid
On the 5sh day Of February 1857, select committee
appointed by the Britrh Parsment Ito con3ider
state OF those Bitch possessions in North Amer:a which
under administration toe Hudsons Bay Comp
n.y.. or over which they have loeuse 10 trsce
This committee having taken volu minDus evidence
ported the 3lst CT july 1887 In their report tDey
carefully waive al consider atoms to the validity Of the
charter the rgnt TO the poy Of trade Genuine
themselves 10 the declaration opiu "a ibe
pedency Of allowing the Budson Bay Company the pr.v
legs OF exclusive trade which they nos posssss.
The question 10 the rights OF the 9nosons Bay Com
pany before Ibe British Parliament resolved ITSELF
have said into purely OF expcdlepcy. That quss
But when the pretended rights OF the Hudson's Bay Com
pany up agAnet American citizens, the govero-
mtni Of the United states has solely TO consider the va
lidity and legality OF these pretended rights
Upon examination Il viii be seen tha tue only DIOR OF
right Of the Huosons Bay Company in the Pacific British
possessions that OF exc usive trade with the ludass
Il evident thai the possibility OF this country being
opened TO celebration or the enterprise OF civilized
settlers was never contemplated by The British
government The repor, OF the mtes OF Paris neat
declares tnis. They say, "rhat 70 those extensive
regions whether In Rupcrs Land In the ncisn terri
tory for the present leAt there be proEs, Of
permanent seliemcnt 20 any exien, oy the European
for tie OF colonization. Tho granting OF The
oense had regard 70 such supposed state OF thngs
There Lotrilg the letter spirit OF tho license tor
exclusive trade with too lrdsps which jushdes the
usion u socds Tor the supply Of Eafopean or American
nray however, be urged that tbs free admission OF
goods may Indirectly interfere with me monopoly OF toe
II becrmcs therefore m important question TO deter
niue xhether by the laws OF the Britain realm, such
moropoy oss been srsnisdlto the Hudsons Bay Con-
TINS que stion u seeras me- has been absolutely de
rmntd by the famous statutes Of monopoes passed. 10
the 2ist OF James First.
me proysiops Of tbs statute are msnly as follow
Be declared and enacted By authority Of
this present PArlismeot, rnai all monopoes and
heretofore made and Kred hereafter 70 be made
and grated any person persons, bodies tic
corporate vhsvosver. or for the sole buying, seus
MAKING, working using o. anything within realm,
Sc atoseber contrary 20 the lava OF this realm
DC and ANAL be utterly VOID and Of no sdsct az.
Sec. o Ana be further onscieo, rha, s person aud
persuns bodies polite ani corporate whatsoever which
are hereafter snail be- shall stand aud be disabled
oS ssy a. p' n
ter, letters psent, procismsnou, &c, any noerty,