A History of Oregon, 1792-1849. W. H. Gray
made, that they acceded to his plans, and constituted him their special agent. There was at the time a question as to a separate charter for that branch of their business. It was finally conceded that a separate charter would enable this agricultural and cattle company to become independent of the fur branch, and thus be the means of establishing an opposition by the use of the funds appropriated to prevent any thing of this kind, and decided that as the company had stipulated that they were to have the “supreme direction of the Puget Sound Agricultural Company,” no charter was necessary, and hence any arrangements to that effect were withdrawn. It was from a knowledge of the fact that that company had not even the Parliamentary acknowledgment of its separate existence from the Hudson’s Bay Company, that all their land claims were at once taken; and upon that ground they have not dared to prosecute their claims, only under the wording of the treaty with the United States, which is the only shadow of a legal existence they have, and which, there is no question, would have been stricken from the treaty, except through the fur influence of the company to increase the plausibility of their claims against our government.
If there was any law to punish a fraud attempted to be committed by a foreign company upon a friendly nation, this would be a plain case; as the Hudson’s Bay Company, they claim $3,822,036.37; as the Puget Sound Company, $1,168,000. The original stock of the Hudson’s Bay Company was £10,500, or $50,820. In 1690 the dividends upon this capital invested were so enormous that the company voted to treble their stock, which was declared to be £31,500, or $152,460. In 1720 the capital was again declared trebled, and to be £94,500, or $457,380, while the only amount paid was £10,500, or $50,820. It was then proposed to add three times as much to its capital stock by subscription; each subscriber paying £100 was to receive £300 of stock, so that the nominal stock should amount to £378,000, or $1,820,520—the real additional sum subscribed being £94,500, and the amount of real stock added or paid but £3,150. In 1821, the Hudson’s Bay Company and Northwest Company, of Montreal, were united. The Hudson’s Bay Company called £100 on each share of its stock, thus raising it nominally to £200,000, or $958,000. The Northwest Company called theirs the same. The two companies combined held a nominal joint stock of £400,000, or $1,916,000, while we have reason to suppose that the original stock of the two companies, admitting that the Northwest French Company had an equal amount of original capital invested, would give £37,300, or $135,134, as the capital upon which they have drawn from our country never less than ten per cent. per annum, even when counted at £400,000, or $1,916,000; and what, we would ask, has America received in return for this enormous drain of her wealth and substance?
Have the Indians in any part of the vast country occupied by that company been civilized or bettered in their condition? Have the settlements under their fostering care been successful and prosperous? Have they done any thing to improve any portion of the country they have occupied, any further than such improvements were necessary to increase the profits of their fur trade?
To every one of these questions we say, emphatically, No, not in a single instance. On the contrary, they have used their privileges solely to draw all the wealth they could from the country, and leave as little as was possible in return.
The British author, from whose book we have drawn our figures of that company’s stock, says of them: “To say, then, that the trade of this country (England) has been fostered and extended by the monopoly enjoyed by the company, is exactly contrary to the truth.”
We come now to learn all we can of a something that has assumed the name of Puget Sound Agricultural Company, and under that name, through the paternal influence of a bastard corporation, presumes to ask an immense sum of the American government, whose country they have used all their power and influence to secure to themselves, by acting falsely to their own. We do not claim to be learned in the law of nations, therefore we can only express such an opinion in this case as we would were the case argued before a learned court and we one of the jurors, giving our opinion as to the amount the parties were entitled to receive. We will suppose that the lawyers have made their pleas, which would, when printed, with the testimony on both sides, make a volume of the usual size of law books of one thousand pages. Of course the fourth article of the treaty would be read to us by both the lawyers, and explained by the judge, who would doubtless say to the jury the first question to decide is, whether there is sufficient evidence to convince you that the company claiming this name have any legal existence outside the wording of the fourth article of this treaty. Our answer would be: “Your honor, there is not the least word in a single testimony presented before us to show that they ever had any existence, only as they assumed a name to designate the place a certain branch of the Hudson’s Bay Company’s business, outside of its legitimate trade; that this being a branch legitimately belonging to a settlement of loyal citizens of the country, we find that this Hudson’s Bay Company, in assuming the supreme direction, as per testimony of Dr. Tolmie, superseded and usurped the prerogatives of the State; that the claim of this company, as set up in the wording of the treaty, is for the benefit of a company having no natural or legal right to assume supreme direction of the soil or its productions. Hence any improvement made, or stock destroyed, was at the risk of the individual owning, or making, or bringing such stock or improvements into the country, and subject exclusively to the laws of the country in which the trespass occurred. The claiming a name belonging to no legal body cannot be made legal by a deception practiced upon the persons making the treaty, as this would be equivalent to pledging the nation to the payment of money when no cause could be shown that money was justly due, as neither nation (except by a deception brought to bear upon commissioners forming the treaty by the mere assertion of an interested party) acknowledged the reported existence of such a corporation, thereby creating a corporate body by the wording of a treaty.” This, to a common juror, we confess, would look like removing the necessity of a common national law, in relation to all claims of foreigners who might feel disposed to come over and trespass upon our national domain. A word in this treaty does not settle the matter, and the claim should not be paid. The article above referred to is commented upon by Mr. Day as follows:—
“That by article four of the treaty concluded between the United States of America and Great Britain, under date of the 15th day of June, 1864, it was provided that the farms, lands, and other property, of every description, belonging to the Puget Sound Agricultural Company, on the north side of the Columbia River [they should have included those in the French possession, and added another million to their claim; but we suppose they became liberal, and consented to take half of the country their servants had settled upon], should be confirmed to the said company; but that in case the situation of those farms and lands should be considered by the United States to be of public and political importance, and the United States government should signify a desire to obtain possession of the whole, or of any part thereof, the property so required should be transferred to the said government at a proper valuation, to be agreed upon between the parties.
“That the government of the United States has not, at any time, signified to the company a desire that any of the said property should be transferred to the said government at a valuation as provided by the treaty, nor has any transfer thereof been made [this was a great misfortune. Uncle Sam had so much land of his own he did not want to buy out this bastard company right away after the treaty was made]; but the company have ever since continued to be the rightful owners of the said lands, farms, and other property, and entitled to the free and undisturbed possession and enjoyment thereof. [True; so with all bastards. They live and die, and never find a father to own them, except they come up with a big pile of money, which in your claim is a case of clonas (don’t know.)]
“That, by a convention concluded between the two governments on the 1st day of July, 1863, it was agreed that all questions between the United States authorities on the one hand, and the Puget Sound Agricultural Company on the other, with respect to the rights and claims of the latter, should be settled by the transfer of such rights and claims to the government of the United States for an adequate money consideration.
“And the claimants aver that the rights and claims of the Puget Sound Agricultural Company, referred to and intended in and by the said convention, are their rights and claims in and upon the said lands, farms, and other property of every description which they so held and possessed within the said territory, and which, by reason of the said treaty of the 15th of June, 1846, and according