A History of Oregon, 1792-1849: Drawn From Personal Observation and Authentic InformationGray, W. H. (William Henry)
History
A History of Oregon, 1792-1849: Drawn From Personal Observation and Authentic Information
Gray, W. H. (William Henry)
Frontier and pioneer life -- Oregon; Oregon Territory -- History
We have before alluded to the fact that the English government, by act
of Parliament, had extended the colonial jurisdiction and civil laws of
Canada over all her subjects on this coast, and had commissioned James
Douglas, Angus McDonald, and, I think, Mr. Wark, as justices of the
peace, having jurisdiction in civil cases not exceeding two hundred
pounds sterling. In criminal cases, if the magistrate found, on
examination, sufficient cause, the accused was to be sent to Canada for
final trial. In all minor matters the Hudson's Bay Company were
absolute. Their men, by the articles of enlistment, were bound to obey
all orders of a superior officer, as much so as a soldier in the army.
Flogging was a common punishment inflicted by all grades of officers,
from a petty clerk of a trading-post up to the governor of the company.
All British subjects, or any that had been subjects to the British
crown, were considered as amenable to the laws of Canada, which were
delivered from the brain of the magistrate or judge, who perchance may
have passed through some parts of Canada on his way to this coast, no
one knew when. Of course he knew all about the laws he was to enforce
upon her Majesty's subjects, the same as our American judge, I. L.
Babcock, did of the laws he was called upon to administer among the
American settlers. Although the following incident is not exactly in the
order of time in which we are writing, yet it illustrates the legal
knowledge of Esquire Douglas so well that the reader will excuse me for
giving it just here. The case occurred in the summer of 1846, I think in
August. The Hudson's Bay Company and the British subjects in the country
had changed from the open opposition policy to that of union with the
provisional government, and some of the members of the company had been
elected to office. Mr. Douglas had received a commission as justice of
the peace and county judge from Governor Abernethy. A man by the name of
McLame had taken it into his head to jump a claim belonging to one of
the company's servants, near Fort Vancouver. The fact was duly stated to
Esquire Douglas, who issued his warrant commanding the sheriff, a
servant of the company, to arrest McLame. The sheriff proceeded with his
warrant and posse, took McLame, brought him to the fort, and put him in
irons to keep him secure until he could be tried. The day following,
the writer arrived at the fort, and as he was an old acquaintance of
Esquire Douglas, and also holding a commission of justice of the peace
and judge of the county court, Esquire Douglas stated the case to him,
and asked his advice how to conduct it. I inquired what it was McLame
had done.
"Why, he went upon the land of one of our people and set up a claim to
it, and made some threats."
"Did he use any weapons, or injure any one?"
"No; but he was very insulting, as the men tell me; used abusive
language and frightened the men, and attempted to get them off the
claim, is the most he did."
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