jewett, etc.

David Lewis coyotez at OREGON.UOREGON.EDU
Tue Jan 19 17:52:28 UTC 1999


-snip-
Point of order - the HBC did not "own the dry", not in the formal sense of
its tenure east of the Rockies in Rupert's Land.  The HBC had no formal
legal rights west of the Rockies; only a persistent trading presence that
found itself forced to share territory with other fur companies (the NWC as
well as the Astoria Company).  It also did not assert its presence on the
Coast until the establishment of Fort Langley; not even Nisqually was
founded until long after the formal British occupation (and evacuation) of
Nootka Sound (I'm not sure of the date of the founding of Nisqually, but I
know it wasn't when Capt. Vancouver was around).  In the sense that the HBC
was the largest trading company, and more trade routes and more employees
and more customers, in _that_ sense they did "own" the lands away from the
Coast; but they were not alone, and did not have legal tenure or monopoly.
-snip-

In the founding documents of the HBC they do asume ownership over the land.
"a charter was granted by the King in May, 1670. The charter granted that
"they shall have perpetual succession...and...shall be. personal and
capable in law to have, purchase, receive, possess,enjoy, and retain
lands,rents, privileges, liberties, jurisdictions, franchises, and
heriditments..of whatsoever kind, nature or sort...We have given...unto the
said Governor and Company (HBC) and their successors...the sole trade and
commerce of those seas, straits, bays, rivers, lakes, creeks, and sounds,
in whatsoever latitude they shall be, that lie within...Hudson's Straits,
together with all the lands and territories upon...the aforesaid, that are
not already possessed by or granted to any of our subjects, or possessed by
the subjects of any other Christian Prince or State, with the fishing of
all sorts of fish...and all mines royal...We have granted ...that they and
their successors... shall forever hereafter have, use and enjoy, not only
the whole, entire and only trade and traffic...to and from the territory,
limits and places aforesaid; but also the whole and entire trade and
traffic to and from all havens, bays, creeks, rivers, lakes, and seas, into
which they shall find entrance or passage by water or land out of the
territories, limits or places aforesaid...We straitly charge, command and
prohibit ...all the subjects of us, our heirs and successors... that none
of them, directly or indirectly, do visit, haunt, frequent or trade,
traffic or adventure, by way of merchandize, into or from any of the said
territories, limits or places, hereby granted...unless it be by the license
and agreement of the said Governor and Company...We do...grant...that the
said Governor and Company shall have liberty, full power and authority to
appoint and establish Governors and all other officers to govern them, and
that the Governor and his Council of the several and respective places
where the said Company shall have plantations, forts, factories, colonies,
or places of trade...may have powere to judge all persons belonging to the
said Governor and Company, or that shall live under them, in all causes
whether civil or criminal, accordingly; and in case any crime or
misdemeanor shall be committed...where judicature cannot be executed for
want of a Governor and Council there, then in such case it shall and may be
lawful for chief Factor of that place to transmit the party together with
the offence, to such other plantation, factory or fort where there shall be
a Governor and Council, where justice may be executed, or into this kingdom
of England as shall be thought most convenient." (Clark, History of the
Willamette Valley, p.156)

Clearly, HBC assumed ownership over all the lands they could find.



More information about the Chinook mailing list