The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1858-07-27
orTY, TUESDAY, july 27, 1883.

Thomlsons rivers s not questioned, the Crown has
made NO appropriation of that territory by law and has
exercsc no act restricting the natural rights OF man in
wild and unoccuped country. Until the passage Of
such positive laws by proper authority, every man pos
sesses e right TO dig gold in that country just much
as he aA the right to cut timber appropriate the fruits
Of the earth
1t is further believed that the acts of Gov Douglas
before referred to- in respect constitute legal and
authorized prohibition to enter the gold bearing country
Of New Caledonia and that his demand of payment Of
money for license to dig gold isl high handed usur
patton Of power
Vancouver Island belongs to the class of colonies called
Provincial Establishments. As Blackstone says, ther
constitutions depend upon the respective commissions is
sued w the crown to the governors and the Instructions
which usually accompany those conmissions under the
authority Of which provincial assemblies constituted
with the power ofmakng local ordinances not repugnan
to the Crown Of England have been unable to obtain
copy OF tho commission of Governor Douglas, the
Instructions to the first governor 1t ~ clear that he
could exercise power which not conferred upon
him by his commission and instructions. But II Is hardly
that his commission and instructions should
sutorse him to regulate or license the digging Of gold
in New Caledonia region far distant from his own Ter
rtoy and especially when the existence of gold in that
country was not even suspected II snot pretended that
any law regulating the gold digging Of New Caledonia
had been passed by the general assembly Of the
colony. Indeed that assembly had mere nominal
stence SO that the power to issue these procamations
was not derived from them. Gov. Douglas, it seems
had formerly claimed under his commission the power
WITH COUNCIL only, pass SUCH laws
he considered required by the exigcncy of the time
have before copy of despatch from the Right Hon
orable H. Ibouchere Secretary Of State Of the imperial
government, to Governor Douglas in which the Secrc
tary It has been doubted by authorities convernt
in the principles of colonial law whether the Crown
legally convey Authority to make laws, in settlement
founded by Engshmcn, even for temporary and special
purpose to any legislature not elected wholly or in part
by the settlers themselves. II this be the case, the
clause in your commission which you relied would
| appear to be unwaranted and invalid"
| Granting tho authority of Governor Douglas over
vncouvers Island proper there strong reasons for
believing that this authority does not extend to the
gions where the god placers situated AS stated
TO you in former communication lie has always declined
to exercise authority over Indians the main land in
British territory in his capacity OF governor while he
has consented to treat with them chef factor in the
Hudsons Bay Company. further reason for believing
that his authority does not extend to the main land is the
fact that the committee appointed by Parliament to con-
slider the state of the British possessions in North Amer
lea which under the administration of the Hudson
! Bay Company, recommended that should be pro-
viced for the ultimate extension of the colony of Van
couyers Island any portion OF the adjoining coun-
try to the mea of the Rocky Mountains, on which perma-
| nent settlement may be found practicable.
Assuming that the governor in his position general
agent of the Crown had the right to prohibit rcpasscs
upon the property of the Crown 1t cannot for moment
be pretended that without express authority he had the
right to demand money for licenses to appropriate the
| Crown property 8t 1888
The declaration of his proclamation is, that all mines
OF gold belong to the Crown But the law upon which
he POUNDS that doctrine states that they belong to the
Crown not for general purposes of revenue, but fer the
specific purpose Of furnishing materials for coinage. No
agent OF the Crown has right to authorize the diversion
Of god the material of coinage from the specific pur-
pose to which the law appropriates It, In receiving
money for licenses to dig gold he sells that which is not
his and the Crown, il it is the of the gold, as the
governor alleges, may legally conscate every ounce OF
| gold dug under the governors license
| The most aggmvating circumstance connected with
| st he limit he authority
of the Crown invoked not for its benefit but to fill
the Golfers of the Hudsons 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 of Vancouvers island
| but the chief factor of the Hudsons Bay Company
In lS48, Vancouvers island was granted to the Hud-
sons Bay Company, and that company assumed the ex
penSe of the possession of the island and appropriated
all the revenues of the Island The territorial revenue
tiers into the treasury of the company The tax imposed
upon miners goes not to the Crown, is pretended
but to the company who have not the 81 adow Of claim
to the territory where the gold is situated
The next question which propose to consider is the
more important one Of the right of the British author
ties to compel miners and citizens entering the gold
regions in New Caledonia to purchase their supplies solely
of the Hudson Bay Company and to prohibit the pas
sage of vessels except upon certain conditions
The right to enter foreign territory for lawful purpo
is claimed by all civilized nations AS Chancellor
Kent says every nation bound to grant passage for
lawful purposes their lands rivers and seas to the
people of other States whenever it be permitted with
out Inconvenience and burdensome conditions ought
to be annexed to the transit Of persons and proper
ty He also says '.as the end of the law OF nations
is the happiness and perfection of the general society Of
mankind it enjons upon every nation the punctua OBJ
seryance of beneyoence and good will well Ms justice
towards iis neighbors This is equally the policy and
duty of nations They ought to cultivate free inter
COURSE for commercial purposes in order to supply each
others wants and promote each other prosperity The
variety of climates and productions the surface of the
globe and the facility Of communication by of
rivers lakes, and oceans invite to liberal commerce. as
agreeable TO the law of nations and extremely conducive
to national amity, Industry and happiness need not
point out to you how utterly inconsistent with these
principles the yexaous restrictions imposed by the
proclarnations above referred to-
The right of trade WITH and entry into foreign
try is called by lawyers Of imperfect obligation and
Ii subject to the discretion of the government which toll
crates IT, But it exists until forbidden restrained by
positive and binding law.
l maintain that positive law exists Of binding a,r
thory which fobs the free entry persons and goods
into the British possessions on the northwest coast.
Very vague aud inaccurate notions popularity prevail
with respect to the rights Of the Hudson Bay Company
the northwest coast The company itself has given
currency to the opinion that 1t by charter abso
lutte territorial rights the whole British possessions
the northwest coast Nothing be farther from the
fact
In 1870 royal charter granted by Charles III for
incorporating the Hudsons Bay Company. The grant to
the company of the sole trade and Commerce of all
those seas straits bays, rivers lakes creeks and sounds
In whatsoever latitude they shall be- that lie within the
nnce Of the straits commonly called Hudsons Straits to-
geher with all the lands and territories upon the countries
coasts and confines Of the bays lakes rivers creeks
and sounds aforesaid that not already actually pos
sessed by granted subjects possessed by