, 1858-09-24
OLYMPIA WASHINGTON TERRITORY FRIDAY SEPTEMBER a. 1853


This was evidently the opinion Of the
= Hudson Bay Company themselves as early
as 1890, viz twenty years after the date
Of this charter. At that period they peti-
toned for an act 10 be passed for the con-
frmstion of those rights and privileges
which had been sought to be granted to
them by charter The act Of the first Of
William aud Mary did legalize and confirm
them, but only for the period of seven years
and no longer. That act of Parliament
has never been renewed since it expired in
1897 consequently the charter is left
where it originally stood, and wholly unaf-
fected by any conformity act of Parlia-
ment
The very foundation for the charter is q
grant Of territory presumed to have been
made in the year 1870 1t has been main
tanned that as Charles the Second could
not grant away what the crown Of Eng
land did not possess, much less could he
grant away the possessions Of another
Power, the very words Of the charter ex-
Gliding from the operation Of the grant
those Identical territories which the Hud-
sen Bay Company now claim. For at the
date Of the charter, these territories were
then actually in possession of the crown Of
France, and held and occupied BY the Com
pany Of New France, under q charter
granted by Louis the Thirteenth Of France,
bearing date 1926
These facts are presented not as bearing
directly upon the question l have in view,
otherwise than as showing a characteristic
feature of the company in its illegal and
unwarranted assuption Of privilege and
power.
A controversy having arisen between
the Northwest Company and the Hudson
Bay Company, and the difficulties having
been adjusted, the former company was
merged in the latter, and on the thirtieth
day Of May, 1888, the crown issued
grant or license to the Hudson Bay Com
pany Of the exclusive trade with the In
dians in certain parts Of North America,
for the term Of twenty-one years. The
terms Of the grant being as follows I'VE
do grant and give our license under the
hand and seal Of one Of our principal Sec
retariss OfNState, to the said Governor and
company, the Hudson Bay Company, and
their successors, for the exclusive privilege
Of trading with the Indians in all such
: parts 70 the nOrthwOrd and westward Of
5 the lands and territories belonging to the
=. United States Of America as shall not form
part Of any of our provinces in North
America, or Of any lands or territories be-
long TO the said United States Of America
Of to any European government, State or
Power, but subject nevertheless as herein
after mentioned and we do By these pre-
sents give, grant, and secure to the said
Governor and company and their success
sors, the sole and exclusive privilege for the
tull porlod OF twenty'one years rom the
date oil this our grant OF trading with the
Indians IN all such parts OF North Ameri-
ca as aforesaid"
i On the 5th day Of February, 1851, a Sc
lect committee was appointed BY the Brit
ish Parliament TO consider the state Of
those British possessions In North America
which are under the administration OF the
Hudson Bay Company, or over which they
have o license TO trade"
This committee having taken Voluminous
evidence reported on the 8lst of July 1851
10 their report they carefully waive all con-
siderations as to the validity Of the charter,
or the right to the monopoly Of trade, and
conGne themselves to the declaration Of an
opinion as to the expediency Of allowing
the Hudson Bay Company the privileges Of
exclusive trade which they now possess.
The question as to the rights of the Hud-
son Bay Companv. before tbe British Par
lament. resolved itself AZ have sa;d into
one purely Of expediencv That Is a oues.
ton with which The American government
has no concern. But when tbe nratepded
rights Of the Hudson Bay Company are set
up against American citizens, the govern
ment Of the United States has solely to
consider the validity and legality Of these
pretended rights.
Upon examination It will be seen that
the only color Of right Of the Hudson Bay
Il COMPANY in the Pacific British possessions