that of the United States, is the act of restoration itself, which contains no exception, reservation, or protest, whatever.

It has thus been established, that the Columbia River was first discovered by the United States; that that first discovery was attended by a complete exploration of the river, from its most easterly source to the north, before any such exploration had been made by any other nation; by a simultaneous actual occupation and possession, and by subsequent establishments and settlements made within a reasonable time, and which have been interrupted only by the casualties of war.

This, it is contended, gives, according to the acknowledged law and usages of nations, a right to the whole country drained by that river and by its tributary streams, which could have been opposed only by the conflicting claim derived from the possession of Louisiana. Both, united and strengthened by the other Spanish and American discoveries along the coast, (and, without reference to the cession of the pretensions of Spain, derived from other considerations,) establish, it is firmly believed, a stronger title to the country above described, and along the coast as far north, at least, as the 49th parallel of latitude, than has ever, at any former time, been asserted by any nation to vacant territory.

Before the subject is dismissed, it may be proper to observe, that the United States had no motive, in the year 1790, to protest against the Nootka convention, since their exclusive right to the territory on the Pacific originated in Gray's discovery, which took place only in 1792. The acquisition of Louisiana, and their last treaty with Spain, are still posterior.

On the formality called "taking possession," though no actual possession of the country is taken, and on the validity of sales of land and surrender of sovereignty by Indians, who are for the first time brought into contact with civilized men; who have no notion of what they mean by either sovereignty or property in land; who do not even know what cultivation is; with whom it is difficult to communicate, even upon visible objects; the American plenipotentiary thinks that he may abstain from making any remarks.

Whilst supporting their claim by arguments, which they think conclusive, the United States have not been inattentive to the counter claims of Great Britain.

They, indeed, deny that the trading posts of the North-West Company give any title to the territory claimed by America, not only because no such post was established within the limits claimed when the first American settlement was made, but because the title of the United States is considered as having been complete, before any of those traders had appeared on the waters of the Columbia. It is also believed, that mere factories, established solely for the purpose of trafficking with the natives, and without any view to cultivation and permanent settlement, cannot, of themselves, and unsupported by any other consideration, give any better title to dominion and absolute sovereignty, than similar establishments made in a civilized country.

But the United States have paid due regard to the discoveries by which the British navigators have so eminently distinguished themselves, to those, perhaps not less remarkable, made by land from the upper lakes of the Pacific, and to the contiguity of the possessions of Great

Britain, on the waters of Hudson's Bay, to the territory bordering on that ocean. Above all, they have been earnestly desirous to preserve and cherish, not only the peaceful, but the friendly relations, which happily subsist between the two countries. And, with that object in view, their offer of a permanent line of demarkation has been made, under a perfect conviction that it was attended with the sacrifice of a portion of what they might justly claim.

Viewed as a matter of mutual convenience, and with equal desire, on both sides, to avert, by a definitive line of delimitation, any possible cause of collision in that quarter, every consideration connected with the subject may be allowed its due weight.

If the present state of occupancy is urged, on the part of Great Britain, the probability of the manner in which the territory west of the Rocky Mountains must be settled, belongs also essentially to the subject. Under whatever nominal sovereignty that country may be placed, and whatever its ultimate destinies may be, it is nearly reduced to a certainty, that it will be almost exclusively peopled by the surplus population of the United States. The distance from Great Britain, and the expense incident to emigration, forbid the expectation of any being practicable, from that quarter, but on a comparatively small scale. Allowing the rate of increase to be the same in the United States, and in the North American British possessions, the difference in the actual population of both is such, that the progressive rate which would, within forty years, add three millions to these, would, within the same time, give a positive increase of more than twenty millions to the United States. And if circumstances, arising from localities and habits, have given superior facilities to British subjects, of extending their commerce with the natives, and to that expansion which has the appearance, and the appearance only, of occupancy, the slower but sure progress and extension of an agricultural population, will be regulated by distance, by natural obstacles, and by its own amount. The primitive right of acquiring property and sovereignty, by occupancy alone, admitting it to be unlimited in theory, cannot extend beyond the capacity of occupying and cultivating the soil.

It may also be observed, that, in reality, there were but three nations which had both the right and the power to colonize the territory in question-Great Britain, the United States, and Spain, or now the new American states. These are now excluded, in consequence of the treaty of 1819. The United States, who have purchased their right for a valuable consideration, stand now in their place, and, on that ground, in the view entertained of the subject by the British government, are, on a final partition of the country, fairly entitled to two shares.

Under all the circumstances of the case, as stated on both sides, the United States offer a line, which leaves to Great Britain by far the best portion of the fur trade, - the only object, at this time, of the pursuits of her subjects in that quarter, and a much greater than her proportionate share of the country, with a view to its permanent settlement, if the relative geographical situation, and means of colonizing, of both parties are taken into consideration. From the 42d degree of north latitude to the Observatory Inlet, in about 55° 30', there is a front on the Pacific of almost fourteen degrees of latitude, which the 49th parallel divides into two nearly equal parts. The mouth of the Columbia River, if

accepted as a boundary, would leave less than one third to the United States.

The offer of the free navigation of that river, when the whole territory, drained by all its tributary streams, including the northernmost branches, might have been justly claimed, would have also given to Great Britain, in time of peace, all the commercial advantages which it can afford to the Americans.

In the case of a war, (which God forbid,) whatever might be the result on shore, the line proposed by Great Britain, even with the addition of the detached and defenceless territory she offered, would leave the sea border at her mercy, and the United States without a single port; whilst the boundary proposed by them might, during that period, deprive Great Britain only of the use of the port at the mouth of the Columbia, and would leave her in the secure possession of numerous seaports, perhaps less convenient, but still affording ample means of communication with the interior. That line, indeed, with such slight reciprocal modifications as the topography of the country may indicate, would establish the most natural and mutually-defensible boundary that can be found, and, for that reason, the least liable to collision, and the best calculated to perpetuate peace and harmony between the two powers.

I.

DOCUMENTS RELATING TO THE HUDSON'S BAY COMPANY.

This company was incorporated by a charter from King Charles II. of England, issued on the 2nd of May, 1670; a few extracts from which will be sufficient to show the powers of the company and the extent of its territories under that grant.

(1.)

His Majesty's Royal Charter to the Governor and Company of Hudson's Bay.

"CHARLES THE SECOND, by the grace of God, king of England, &c., to all to whom these presents shall come, Greeting: Whereas our dearly beloved cousin, Prince Rupert [and seventeen others, whose names and titles follow] have, at their own great cost and charges, undertaken an expedition for Hudson's Bay, in the north-west parts of America, for the discovery of a new passage into the South Sea, and for the finding of some trade for furs, minerals, and other considerable commodities; and by such their undertaking have already made such discoveries as do encourage them to proceed farther in performance of their said design, by means whereof there may probably arise great advantage to us and our kingdoms; and

whereas the said undertakers, for their further encouragement in the said design, have humbly besought us to incorporate them, and to grant unto them and their successors the whole trade and commerce of all those seas, straits and 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, countries, and territories, upon the coasts and confines of the seas, straits, bays, lakes, rivers, creeks, and sounds, aforesaid, which are not now actually possessed by any of our subjects, or by the subjects of any other Christian prince or state;

"Now, know ye, that we, being desirous to promote all endeavors that may tend to the public good of our people, and to encourage the said undertaking, have, of our especial grace, certain knowledge, and mere motion, given, granted, ratified, and confirmed, and by these presents, for us and our successors, do give, grant, ratify, and confirm, unto our said cousin, Prince Rupert, &c., that they and such others as shall be admitted into the said society, as is hereafter expressed, shall be one body corporate and politic, in deed and in name, by the name of The Governor and Company of Adventurers of England trading into Hudson's Bay,

* and at all times hereafter, shall be personable, and capable in law, to have, purchase, receive, possess, enjoy, and retain lands, rents, privileges, liberties, jurisdiction, franchises, and hereditaments, of what kind, nature, or quality soever they be, to them and their successors."

By succeeding sections of the charter, provisions are made-for the election of a governor, a deputy governor, and a committee of seven members, who are to have the direction of all voyages, sales, and other business of the company-for the election of new members- and for holding, at particular periods, a general court of the company. The first company and their successors are made lords proprietors of the territories above mentioned, holding the lands "in free and common socage, and not in capite, or by knights' service;" and they are empowered to make all laws and regulations for the government of their possessions, which may "be reasonable, and not contrary or repugnant, but as near as may be agreeable, to the laws, statutes, and customs," of England. The whole trade, fishery, navigation, minerals, &c., of the countries, is granted to the company exclusively; all others of the king's subjects being forbidden to "visit, haunt, frequent, trade, traffic, or adventure," therein, under heavy penalties; and the company is moreover empowered "to send ships, and to build fortifications, for the defence of its possessions, as well as to make war or peace with all nations or people, not Christian, inhabiting those territories, which are declared to be thenceforth "reckoned and reputed as one of his majesty's plantations or colonies, in America, called Rupert's Land."

Thus it will be seen, that the Hudson's Bay Company possessed by its charter almost sovereign powers over the vast portion of America drained by streams entering Hudson's Bay. With regard to the other countries in British America, north and west of Canada, not included in the Hudson's Bay Company's possessions, and which were termed, generally, the Indian countries, an act was passed on the 11th of August, 1803, in the 43d year of the reign of King George III., entitled,

(2.)

"An Act for extending the Jurisdiction of the Courts of Justice in the Provinces of Lower and Upper Canada to the Trial and Punishment of Persons guilty of Crimes and Offences within certain Parts of North America, adjoining to the said Provinces.”

By this act, offences committed within the Indian territories were to be tried in the same manner as if committed within the provinces of Lower and Upper Canada; the governor of Lower Canada may empower persons to act as justices of the peace for the Indian territories, for committing offenders until they are conveyed to Canada for trial, &c. This act remained in force until July 2d, 1821 when was passed,

(3.)

"An Act for regulating the Fur Trade, and establishing a Criminal and Civil Jurisdiction, within certain Parts of North America.*

"Whereas the competition in the fur trade between the Governor ana Company of Adventurers of England trading into Hudson's Bay, and certain associations of persons trading under the name of The North-West Company of Montreal,' has been found, for some years past, to be productive of great inconvenience and loss, not only to the said company and associations, but to the said trade in general, and also of great injury to the native Indians, and of other persons, subjects of his majesty: And whereas the animosities and feuds arising from such competition have also, for some years past, kept the interior of America, to the northward and westward of the provinces of Upper and Lower Canada, and of the territories of the United States of America, in a state of continued disturbance: And whereas many breaches of the peace, and violence, extending to the loss of lives, and considerable destruction of property have continually occurred therein: And whereas, for remedy of such evils, it is expedient and necessary that some more effectual regulations should be established for the apprehending, securing, and bringing to justice, all persons committing such offences, and that his majesty should be empowered to regulate the said trade: And whereas doubts have been entertained, whether the provisions of an act passed in the forty-third year of the reign of his late majesty, King George the Third, intituled 'An Act for extending the jurisdiction of the courts of justice in the provinces of Lower and Upper Canada to the trial and punishment of persons guilty of crimes and offences within certain parts of North America, adjoining to the said provinces,' extended to the territories granted by charter to the said governor and company; and it is expedient that such doubts should be removed, and that the said act should be further extended: Be it therefore enacted, by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present Darliment assembled, and by the authority of the same, That, from and