The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-12-09
Claims or the Hudson's Bay Company.
INTERESTING REPORT FROM THE QUAKrKRAAsTER

ouARrERMAs1xR GENERALS OyTCH
WASHINGTON CRY, August Is, 1858.
SRI have the honor 70 submit correspondence be-
the officers of the army Fort Vancouver and the
officers agents OF the Hudsons Bay Company the
subject of fishing house, of but little value, the site Of
which desirable for establishing wharf, landing
for the garrison and the supplies Of the post and for their
claim to which the company demand thirty thousand
dollars
This correspondence was received from the General
commanding the department the Pacific in February
last but understood that the whole matter Of the
claim of the Hudsons Bay Company then before Con-
gress and It was not thought necessary 10 take any
action on the subject here until ii should be seen
how that body would act The session having passed.
and nothing having been done, there seemed to be
useful purpose to be served by troubling with the
respondence. But have been informed within a few
days past unofcaly that the claim OF the company is
either before is to be brought before the
papers to you, with such remarks the careful exam
nation Of claim SO exravagant and extraordinary has
suggested.
infer from the letter of Governor Douglas that the
Hudsons Bay Company claim fee simple title the lands
which they occupied south of Columbia river prior tho
Treaty Of Washington Of the 18th of June lS4S Now
hold fee SIMPLE the company have derived its title
from individual number of individuals, or from
government having right TO grant such title.
The third article Of the Treaty of Washington before
ferred to- provides that Sin the future appropriation of
the Territory south of the forty ninth parallel of
Company and of all British subjects may already
IN the occupation Of land other property lawfully
CURED within the said Territory shall be respected The
possessors rights secured by this article doubtless
cude all property taken into the Territory whether TO be
used in the fishery, the chase in the Indian trade
acquired there in either Of those branches OF business for
whether taken in accumulated there all property
lawfully acquired SO Of the improvements lde upou
the sites temporarily occupied in carrying on either
branch business But the whole country west of the
Rocky Mountains being in the possession Indian nations
to part Of which had the Indian title been extingush-
I'D Itrifa
OF the United States could under the laws ofether naon
OF the treaties between them, acquire any other than
the temporary occupancy OF the sites necessary carry
ing their business To the land, the Company as well
all other British subjects being mere squatters OF at
best tenants al WILL they could have other just claim
the respective sites beyond the occupancy for reasonable
time, 10 close their business and fair compensation for
the improvements made and these, not OF original legal
right but under the provisions OF the treaty.
That Great Britain could rghtfuly grant in fee
simple west Of the Rocky Mountains to the Hudsons Bay
Company any other British subjects subsequent to
the treaty Of Paris Of 1863 whatsoever might have been
her rights previously reference to her history
to her treaties with other nations will abundanty prove.
Cabot in the service Of Henry V first discovered the
eastern coast Of North America in the fifteenth century
and Drake the service Of Elizabeth visited the north
west coast OF America in the sixteenth century Accord
Inc TO the principles recognized that early period BY
civilized nations the prior discovery of the of
the continent and the early visit TO the other justified
the soveregns Of Great Britain in granting charters to
their subjects extending from the Atlantic TO the Pacific.
James the First granted charter 10 Virginia the 23d
OF March, loo9, extending from sea 10 sea- west and
northwest the southern boundary beginning the At
lantc in latitude thirty -four degrees NORTH and running
that parallel the South Pacific ocean; the north.
boundary beginning also the Atlantic about lati-
tude thirty eight, and running in northwest direction TO
the Pacific and striking that ocean above the sxeth de-
gree OF north LATITUDE. BY the treaty OF Madrid between
Great Britain and Spain, usually called the American
treaty. negotiated about 1870 spain admitted Great Brit
ain TO certain rights on the Pacific.
In November l762 before the close Of the years
war, France coded to Spain the whole of louisiana
sne NATIONS org ;1sn al war with Great Britain
terminated that war, the Mississippi river made
not only the British boundary west this continent but
by the OF Of the strongest words in the English
language, rrevocable boundary; which, under no
Circumstances, could ever be changed
BY the treaty Of Paris of 1888 by which the indepen-
all south Of Canada OF the Mississippi which was
English, ana by the louisiana treaty obtained from
France (she having previously acquired from Spain)
LOUISIANA IN It's whole extent.
To determine what really obtained by the purchase
Of LOUISIANA, we must bear in mind, not only the treaties
above referred TO- but the course OF the northern line Of
the charter OF Virginia and the point where touched the
Pacific for Great Britain could never after agreeing to the
treaty Of Paris Of lT63 hold single spot the Pa.
ciic south of that point, without such breach of
faith as, were II case IN Chancery between individ
uas, her own Lord Chancellor would pronounce
Of fraud whatsoever her claim WORTH therefore
south Of her chartered line had become French and
Spanish and became ours with the possession OF Lous
ana.
But Spain had her own right a far better title to the
country On the Pacific than either France or Great Britain
ana Russia much better title than the latter Spain held
the shores OF the Pacific by actual possession from about
latitude fifty degrees south TO thirty degrees north,
and Russia from Behring'S Straits 10 California, overlap
ping the Spanish posts. Spain and Russia then the
only nations the globe who could claim, under the laws
OF nations that coast by continuity, for Great Britain
could not with any justice plausbity claim by
continuity from Montreal and Quebec through uninhab
lied forest o. Thousands o. miles particularly when we
direction and termination Of her own line in the charter OF
Virginia.
By the Florida treaty Of 1918 we obtained all that was
Spanish on the Pacific above the forty second degree Of
north latitude and by the treaty Of 1924, with Russia,
all tia, Russian south Of nfy four forty. We had
%
ss6 known the Oregon treaty the only valid title 10 the
whole coast Of the Pacific from north latitude ~ deg
81 deg 40 min, because possessed the whole title OF
every other nation who had ever made claim upon that
coast
Sound treaty with SIan for in that case though posses
sion taken % part OF the Pacific by British sub
port in Portuguese vessels and under the Portuguese
nag IL not understood that Portugal has made
any claim under that settlement, and not having
tnued the settlement, she has lost her claim, If she
ever had any. Spain having seized and con1scaied
the property Of British subjects though under the Poru
guose flag Great Britain nterIoscd aud obtained indem
nifty for her subjects for the past and commercial
privileges with rights OF temporary occupancy for the
future These commercial privileges aud rights Of tempo
rary (not permanently occupancy all she claimed,
is understood and al she had right 10 claim prior the
treaty q 1896 Whatsoever that treaty gives her. she
simple title 10 the Puget Sound Agricultural Company
north of the Columbia, 10 the farms which have been
actually improved, such a company chartered
OF ever legally existed but does not give fec simple
title south Of that river TO the Hudson Bay Company,
70 any other British subjects. Nor such title Be right
fuzzy derived from any other treaty charter before
reeted and believe all that have any bearing upon the
case have been recitcd.
submit all the papers In the case aud respectfully ask
the attention q the Secretary 81 War 10 the able
ncaCn " Capt Ingalls, Assistant Quartcrnaster at Fort
vancouver 70 Dugad Macavish Esq chief factor Of the
Hu.son Bay Company and have the honor 70 be- sir
your obedient servant,
III. :. JESUP, Quartermastcr General
The Hon JoHN d FIoYD, Secretary of War, Washington
city.
The Army nc staten Island.
HEADQUARTERS AMERICAN GUARD,
1lsr RIGINkSI LSHr INFANTRY NJ Y. SM.
NEw YoRK, Dec 3, 1855
Cor. ROBINSON Commanding "a Regiment N. Y. s. NJ