Northwest boundary of the United States; Oregon question
This Company was and remains a body corporate and politic, with
provisions for the election of a Governor and other officers, who direct
its business; and amongst other powers, the Company is empowered 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
their territories, which now embrace the entire Oregon. By the act of
Parliament of 1821, the jurisdiction of the courts of Upper Canada is
extended, in all civil and criminal cases, to the Oregon territory;
provision is made for the appointment of justices of the peace within
the said territory, with a limited jurisdiction, and power to act as
Commissioners in certain cases, and to convey offenders to Upper Canada.
It must also be observed that, although the Company is forbidden to
claim any exclusive trade with the Indians, to the prejudice or
exclusion of any citizen of the United States who may be engaged in the
same trade, yet the jurisdiction above mentioned is, by the letter of
the act, extended to any persons whatsoever residing or being within the
said territory. The British Plenipotentiaries did, however, explicitly
declare, in the course of the negotiations of 1826-1827, that the act
had no other object but the maintenance of order amongst British
subjects, and had never been intended to apply to citizens of the United
States.
It is perfectly clear that, since it has been fully admitted that the
United States possess the same rights over the territory as Great
Britain, they are fully authorized, under the convention, to enjoy all
the rights which Great Britain claims for herself, and to exercise that
jurisdiction which she has assumed as being consistent with the
convention.
The citizens of the United States have, therefore, at this time a full
and acknowledged right to navigate the waters of the Oregon territory,
_to settle in and over any part of it_, and freely to trade with the
inhabitants and occupiers of the same. And the Government of the United
States is likewise fully authorized to incorporate any company or
association of men for the purpose of trading or of occupying and
settling the country; to extend the jurisdiction of the courts of any of
its territories lying within its acknowledged limits, in all civil and
criminal cases, to the territory aforesaid; to appoint within the same
justices of the peace and such other officers as may be necessary for
carrying the jurisdiction into effect; and also to make war and peace
with the Indian inhabitants of the territory, including the incidental
power to appoint agents for that purpose.
Public-domain text, read in full here on John Shaqi.
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