USA > California > The history of Oregon and California & the other territories of the northwest coast of North America > Part 51
USA > Oregon > The history of Oregon and California & the other territories of the northwest coast of North America > Part 51
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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 Hud- son'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,
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(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 em- power 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 and Company of Adventurers of England trading into Hudson's Bay, and cer- tain associations of persons trading under the name of ' The North-West Company of Montreal,' has been found, for some years past, to be pro- ductive 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 disturb- ance: And whereas many breaches of the peace, and violence, extending to the loss of lives, and considerable destruction of property have continu- ally occurred therein : And whereas, for remedy of such evils, it is expe- dient and necessary that some more effectual regulations should be estab- lished 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 extend- ing 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 prov- inces,' 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 Parliament assembled, and by the authority of the same, That, from and
* See p. 325.
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after the passing of this act, it shall be lawful for his majesty, his heirs or successors, to make grants or give his royal license, under the hand and seal of one of his majesty's principal secretaries of state, to any body cor- porate or company, or person or persons, of or for the exclusive privilege of trading with the Indians in all such parts of North America as shall be specified in any such grants or licenses respectively, not being part of the lands or territories heretofore granted to the said Governor and Com- pany of Adventurers of England trading to Hudson's Bay, and not being part of any of his majesty's provinces in North America, or of any lands or territories belonging to the United States of America; and all such grants and licenses shall be good, valid, and effectual, for the purpose of securing to all such bodies corporate, or companies, or persons, the sole and exclusive privilege of trading with the Indians in all such parts of North America, (except as hereinafter excepted,) as shall be specified in such grants or licenses, any thing contained in any act or acts of Parlia- ment, or any law, to the contrary notwithstanding.
" II. Provided always, and be it further enacted, That no such grant or license, made or given by his majesty, his heirs or successors, of any such exclusive privileges of trading with the Indians in such parts of North America as aforesaid, shall be made or given for any longer period than twenty-one years ; and no rent shall be required or demanded for or in respect of any such grant or license, or any privileges given thereby under the provisions of this act, for the first period of twenty-one years ; and from and after the expiration of such first period of twenty-one years, it shall be lawful for his majesty, his heirs or successors, to reserve such rents in any future grants or licenses to be made to the same or any other parties, as shall be deemed just and reasonable, with security for the pay- ment thereof; and such rents shall be deemed part of the land revenues of his majesty, his heirs and successors, and be applied and accounted for as the other land revenues of his majesty, his heirs or successors, shall, at the time of payment of any such rent being made, be applied and ac- counted for.
"III. And be it further enacted, That, from and after the passing of this act, the Governor and Company of Adventurers trading to Hudson's Bay, and every body corporate, and company, and person, to whom every such grant or license shall be made or given, as aforesaid, shall respec- tively keep accurate registers of all persons in their employ in any parts of North America, and shall, once in each year, return to his majesty's sec- retaries of state accurate duplicates of such registers, and shall also enter into such security as shall be required by his majesty for the due execu- tion of all processes, criminal and civil, as well within the territories included in any such grant, as within those granted by charter to the Governor and Company of Adventurers trading to Hudson's Bay, and for the producing or delivering into safe custody, for purpose of trial, of all persons in their employ or acting under their authority, who shall be charged with any criminal offence, and also for the due and faithful observance of all such rules, regulations, and stipulations, as shall be con- tained in any such grant or license, either for diminishing or preventing the sale or distribution of spirituons liquors to the Indians, or for pro- moting their moral and religious improvement, or for any other object which his majesty may deem necessary for the remedy or prevention of the other evils which have hitherto been found to exist.
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" IV. And whereas, by a convention entered into between his majesty and the United States of America, it was stipulated and agreed that any country on the north-west coast of America to the westward of the Stony Mountains, should be free and open to the citizens and subjects of the two powers, for the term of ten years from the date of the signature of that convention ; Be it therefore enacted, That nothing in this act con- tained shall be deemed or construed to authorize any body corporate, company, or person, to whom his majesty may have, under the provisions of this act, made a grant or given a license of exclusive trade with the Indians in such parts of North America as aforesaid, to claim or exercise any such exclusive trade within the limits specified in the said article, to the prejudice or exclusion of any citizens of the said United States of America, who may be engaged in the said trade : Provided always, that no British subject shall trade with the Indians within such limits without such grant or license as is by this act required.
"V. And be it declared and enacted, That the said act, passed in the forty-third year of the reign of his late majesty, intituled An Act for ex- tending 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, and all the clauses and provisoes therein contained, shall be deemed and construed, and it is and are hereby respectively declared, to extend to and over, and to be in full force in and through, all the territo- ries heretofore granted to the Company of Adventurers of England trading to Hudson's Bay ; any thing in any act or acts of Parliament, or this act, or in any grant or charter to the company, to the contrary notwithstanding.
"VI. And be it further enacted, That, from and after the passing of this act, the courts of judicature now existing, or which may be hereafter established in the province of Upper Canada, shall have the same civil jurisdiction, power, and authority, as well in the cognizance of suits as in the issuing process, mesne and final, and in all other respects whatsoever, within the said Indian territories, and other parts of America not within the limits of either of the provinces of Lower or Upper Canada, or of any civil government of the United States, as the said courts have or are invested with within the limits of the said provinces of Lower or Upper Canada respectively ; and that all and every contract, agreement, debt, liability, and demand whatsoever, made, entered into, incurred, or arising within the said Indian territories and other parts of America, and all and every wrong and injury to the person, or to property, real or personal, com- mitted or done within the same, shall be, and be deemed to be, of the same nature, and be cognizable by the same courts, magistrates, or justices of the peace, and be tried in the same manner, and subject to the same conse- quences, in all respects, as if the same had been made, entered into, incurred, arisen, committed, or done, within the said province of Upper Canada ; any thing in any act or acts of Parliament, or grant, or charter, to the contrary notwithstanding : Provided always, that all such suits and actions relating to lands, or to any claims in respect of land, not being within the province of Upper Canada, shall be decided according to the laws of that part of the United Kingdom called England, and shall not be subject to or affected by any local acts, statutes, or laws, of the legislature of Upper Canada.
"VII. And be it further enacted, That all process, writs, orders, judg- ments, decrees, and acts whatsoever, to be issued, made, delivered, given, and done, by or under the authority of the said courts, or either of them,
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shall have the same force, authority, and effect, within the said Indian territory and other parts of America as aforesaid, as the same now have within the said province of Upper Canada.
" VIII. And be it further enacted, That it shall be lawful for the gov- ernor, or lieutenant-governor, or person administering the government for the time being, of Lower Canada, by commission under his hand and seal, to authorize all persons who shall be appointed justices of the peace under the provisions of this act, within the said Indian territories, or other parts of America as aforesaid, or any other person who shall be specially named in any such commission, to act as a commissioner within the same, for the purpose of executing, enforcing, and carrying into effect, all such process, writs, orders, judgments, decrees, and acts, which shall be issued, made, delivered, given, or done, by the said courts of judicature, and which may require to be enforced and executed within the said Indian territo- ries, or such other parts of North America as aforesaid; and in case any person or persons whatsoever, residing or being within the said Indian territories, or such other parts of America as aforesaid, shall refuse to obey or perform any such process, writ, order, judgment, decree, or act, of the said courts, or shall resist or oppose the execution thereof, it shall and may be lawful for the said justices of the peace or commissioners, and they, or any of them, are, and is, hereby required, on the same being proved before him, by the oath or affidavit of one credible witness, to commit the said person or persons so offending as aforesaid to custody, in order to his or their being conveyed to Upper Canada; and that it shall be lawful for any such justice of the peace or commissioner, or any person or persons acting under his authority, to convey, or cause to be conveyed, such person or persons so offending as aforesaid to Upper Can- ada, in pursuance of such process, writ, order, decree, judgment, or act ; and such person and persons shall be committed to jail by the said court, on his, her, or their being so brought into the said province of Upper Canada, by which such process, writ, order, decree, judgment, or act, was issued, made, delivered, given, or done, until a final judgment or decree shall have been pronounced in such suit, and shall have been duly per- formed, and all costs paid, in case such person or persons shall be a party or parties in such suit, or until the trial of such suit shall have been con- cluded, in case such person or persons shall be a witness or witnesses therein : Provided always, that, if any person or persons, so apprehended as aforesaid, shall enter into a bond recognizance to any such justice of the peace or commissioner, with two sufficient sureties, to the satisfaction of such justice of the peace or commissioner, or the said courts, conditioned to obey and perform such process, writ, order, judgment, decree, or act, as aforesaid, then and in such case it shall and may be lawful for the said justice of the peace or commissioner, or the said courts, to discharge such person or persons out of custody.
"IX. And be it further enacted, That, in case such person or persons shall not perform and fulfil the condition or conditions of such recogni- zance, then and in such case it shall and may be lawful for any such justice or commissioner, and he is hereby required, to assign such recog- nizance to the plaintiff or plaintiff's, in any suit in which such process, writ, order, decree, judgment, or act, shall have been issued, made, deliv- ered, given, or done, who may maintain an action in the said courts in his own name against the said sureties, and recover against such sureties the full amount of such loss or damage as such plaintiff shall prove to have
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been sustained by him, by reason of the original cause of action in respect of which such process, writ, order, decree, judgment, or act, of the said courts were issued, made, delivered, given, or done, as aforesaid, notwith- standing any thing contained in any charter granted to the said Governor and Company of Adventurers of England trading to Hudson's Bay.
" X. And be it further enacted, That it shall be lawful for his majesty, if he shall deem it convenient so to do, to issue a commission or com- missions to any person or persons to be and act as justices of the peace within such parts of America as aforesaid, as well within any territories heretofore granted to the Company of Adventurers of England trading to Hudson's Bay, as within the Indian territories of such other parts of America as aforesaid; and it shall be lawful for the court in the province of Upper Canada, in any case in which it shall appear expedient to have any evidence taken by commission, or any facts or issue, or any cause or suit, ascertained, to issue a commission to any three or more of such jus- tices to take such evidence, and return the same, or try such issue, and for that purpose to hold courts, and to issue subpoenas or other processes to compel attendance of plaintiffs, defendants, jurors, witnesses, and all other persons requisite and essential to the execution of the several pur- poses for which such commission or commissions had issued, and with the like power and authority as are vested in the courts of the said province of Upper Canada; and any order, verdict, judgment, or decree, that shall be made, found, declared, or published, by or before any court or courts held under and by virtue of such commission or commissions, shall be considered to be of as full effect, and enforced in like manner, as if the same had been made, found, declared, or published, within the juris- diction of the court of the said province ; and at the time of issuing such commission or commissions shall be declared the place or places where such commission is to be opened, and the courts and proceedings there- under held ; and it shall be at the same time provided how and by what means the expenses of such commission, and the execution thereof, shall be raised and provided for.
"XI. And be it further enacted, That it shall be lawful for his majesty, notwithstanding any thing contained in this act, or in any charter granted to the said Governor and Company of Adventurers of England trading to Hudson's Bay, from time to time, by any commission under the great seal, to authorize and empower any such persons so appointed justices of the peace as aforesaid, to sit and hold courts of record for the trial of criminal offences and misdemeanors, and also of civil causes; and it shall be lawful for his majesty to order, direct, and authorize, the appointment of proper officers to act in aid of such courts and justices within the juris- diction assigned to such courts and justices, in any such commission ; any thing in this act, or in any charter of the Governor and Company of Merchant Adventurers of England trading to Hudson's Bay, to the con- trary notwithstanding.
" XII. Provided always, and be it further enacted, That such courts shall be constituted, as to the number of justices to preside therein, and as to such places within the said territories of the said company, or any Indian territories, or other parts of North America as aforesaid, and the times and manner of holding the same, as his majesty shall from time to time order and direct ; but shall not try any offender upon any charge or indictment for any felony made the subject of capital punishment, or
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been sustained by him, by reason of the original cause of action in respect of which such process, writ, order, decree, judgment, or act, of the said courts were issued, made, delivered, given, or done, as aforesaid, notwith- standing any thing contained in any charter granted to the said Governor and Company of Adventurers of England trading to Hudson's Bay.
" X. And be it further enacted, That it shall be lawful for his majesty, if he shall deem it convenient so to do, to issue a commission or com- missions to any person or persons to be and act as justices of the peace within such parts of America as aforesaid, as well within any territories heretofore granted to the Company of Adventurers of England trading to Hudson's Bay, as within the Indian territories of such other parts of America as aforesaid; and it shall be lawful for the court in the province of Upper Canada, in any case in which it shall appear expedient to have any evidence taken by commission, or any facts or issue, or any cause or suit, ascertained, to issue a commission to any three or more of such jus- tices to take such evidence, and return the same, or try such issue, and for that purpose to hold courts, and to issue subpænas or other processes to compel attendance of plaintiffs, defendants, jurors, witnesses, and all other persons requisite and essential to the execution of the several pur- poses for which such commission or commissions had issued, and with the like power and authority as are vested in the courts of the said province of Upper Canada; and any order, verdict, judgment, or decree, that shall be made, found, declared, or published, by or before any court or courts held under and by virtue of such commission or commissions, shall be considered to be of as full effect, and enforced in like manner, as if the same had been made, found, declared, or published, within the juris- diction of the court of the said province ; and at the time of issuing such commission or commissions shall be declared the place or places where such commission is to be opened, and the courts and proceedings there- under held ; and it shall be at the same time provided how and by what means the expenses of such commission, and the execution thereof, shall be raised and provided for.
"XI. And be it further enacted, That it shall be lawful for his majesty, notwithstanding any thing contained in this act, or in any charter granted to the said Governor and Company of Adventurers of England trading to Hudson's Bay, from time to time, by any commission under the great seal, to authorize and empower any such persons so appointed justices of the peace as aforesaid, to sit and hold courts of record for the trial of criminal offences and misdemeanors, and also of civil causes; and it shall be lawful for his majesty to order, direct, and authorize, the appointment of proper officers to act in aid of such courts and justices within the juris- diction assigned to such courts and justices, in any such commission ; any thing in this act, or in any charter of the Governor and Company of Merchant Adventurers of England trading to Hudson's Bay, to the con- trary notwithstanding.
" XII. Provided always, and be it further enacted, That such courts shall be constituted, as to the number of justices to preside therein, and as to such places within the said territories of the said company, or any Indian territories, or other parts of North America as aforesaid, and the times and manner of holding the same, as his majesty shall from time to time order and direct ; but shall not try any offender upon any charge or indictment for any felony made the subject of capital punishment, or
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ing on the said trade for twenty-one years, commencing with the outfit of 1821, and ending with the returns of 1841, to be carried on in the name of the said Governor and Company exclusively : And whereas the said Governor and Company, and W. McGillivray, S. McGillivray, and E. Ellice, have humbly besought us to make a grant, and give our royal license to them jointly, of and for the exclusive privilege of trading with the Indians in North America, under the restrictions and upon the terms and conditions specified in the said recited act : -
" Now, know ye, that we, being desirous of encouraging the said trade, and remedying the evils which have arisen from the competition which has heretofore existed therein, do grant and give our royal license, under the hand and seal of one of our principal secretaries of state, to the said Governor and Company, and W. McGillivray, S. McGillivray, and E. El- lice, for the exclusive privilege of trading with the Indians, in all such parts of North America, to the northward and westward of 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 terri- tories belonging to the said United States of America, or to any European government, state, or power; and we do by these presents give, grant, and secure, to the said Governor and Company, and W. McGillivray, S. McGillivray, and E. Ellice, jointly, the sole and exclusive privilege, for the full period of twenty-one years from the date of this our grant, of trading with the Indians in all such parts of North America as aforesaid, (except as thereinafter excepted :) And we do hereby declare that no rent shall be required or demanded for or in respect of this our grant and license, or any privileges given thereby, for the said period of twenty-one years, but that the said Governor and Company, and W. McGillivray, S. McGillivray, and E. Ellice, shall, during the period of this our grant and license, keep accurate registers of all persons in their employ, in any parts of North America, and shall once in each year return to our secretary of state accurate duplicates of all such registers, and shall also enter into and give security to us, our heirs and successors, in the penal sum of five thousand pounds, for insuring, as far as in them may lie, the due execu- tion of all the criminal processes, and of any civil process, in any suit, where the matter in dispute shall exceed two hundred pounds, by the officers and persons legally empowered to execute such processes, within all the territories included in this our grant, and for the producing and delivering into safe custody, for purposes of trial, any persons in their employ or acting under their authority, within the said territories, who may be charged with any criminal offence.
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