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TO THE HONORABLE THE COMMISSIONEBS : THE GOVERNOR AND COMPANY of Adventuieis of England trading into Hudson's Bay, commonly railed THE HUDSON'S BAY COiMPANY, claimants, submit tho following Memorial and statement of their claims upon the United States ; and for facts and considerations in support of such claims, respect- fully declare : — That, in the year 1840, and for a great number of years previous thereto, the Hudson's Bay Company wore in the free and full enjoy- ment, for their own exclusive use and benefit, of certain rights, posses- sions, and property of great value, within and upon the Territory on the North-west Coast of America, lying Westward of the Ro(!ky Mountains, and South of tho 49th parallel of North latitude; such rights consisting its well in extensive und valuable tracts of land, whereupon numerous costly buildings and enclosures had been erected and atlicr improvements had been made, and then subsisted, as of a right of trade which was virtually exclusive, and the right of the free and open navigation of the River Columbia within the said Territory. That the rights, possessions: and property thus held and enjoyed by tho Hudson's Bay Company, had been acquired while tho said Territory wivs in the ostensible possession, and under the Sovereignty and Govern- ment of the Crown of Great Britain, and tho Company held and enjoyed tho same, Avith the knowledge and consent, and under recogni- tions, both cxpresb and implied, of the Crown of Great Britain, and by persons acting under its authority. Tliat, by the Treaty concluded between Groat Britain and the United States of America, on the 15th day of June, 1846, while the Hudson's Bay Company were in the full and free possessiim and enjoyment of their said rights, it was in cflfoct declared to be desirable for the future welfare of both Ci untries, that the state of doubt and uncertainty, which had there- tofore ]) wailed, respecting the Sovereignty and Government of tho Terri- tory on .ho North-West Coast of Vmorica, lying Westward of the Rocky Mount: ins, should bo Anally terminated by an amicable compromise of tho rigl ts mutually asserted by the two parties, upon such terms of settle- ment a> might bo agreed uptm ; and thereupon, by Article 1. of the said Treaty, tho lino of boundary to bo thereafter observed between the Terri- tories of Great Britain, and tliogc of tho United States of America, then in 2 question, was cstablisliod l)y mutual compromise and agreement. That, by Article III. of the said Treaty it was provided : That in the future appropriation of the Territory South of the 49tli pai'allol ot Xorth laiitude, as provided in Article I. of the said Treaty, the IJossossory rights of the Hudson's Bay Company, and of all Britisli subjects who might be already in the occupation of land or other pi'opertv lawfully acquired within the said Territory, should be respected; an by Article II. of the same Treaty It was further provided, that from the pi>iiit at which the 40t]i parallel of Xorth latitude should be found ti intersect the Great Xortheru branch of the Columbia River, the naviga- tion of the said branch should be free and open to the Hudson's Bav Company, and to all British subjects, trading with the same, to the point wliere the said branch meets the main stream of the Columbia, and tlience down the said main stream to the ocean, with free access into am', through the said river or rivers, it boing understood that all the usual portages along the line thus described should in like manner be free and open. That, under the settlement of the boundary line agreed upon by tlu s lid Treaty, and detiiied by the first Article thereof, the said territory, wliereof tlie Hudson's Bay Company then had the actual and exclusivt coiitrol, po~->e.J!>ion, use and tiijuyment as aforesaid, tVU within and undei tlie Suvoreiguty and (jovcrniueiit of tlie United States, and under a just c.ni.rltries .and other articles, within and upon the whole of the said Territory, and the right of cutting tiiiilier tliei'cupiMi, for sale and exportation. ^7///7//y,— The right to the free and iqien iiavii',ation of the Columbia River, from the point at whi' '. the -i'.Uh parallel of Xorth latitude inter- sects the (ireat X'orthern l)ranch of the said river, aown to the ocean, with a like free and op;,'n use of the portages ahmg the saiil line. That the said rights have not been res[iected, according to the terms of the said Treaty, and the ol*ligation of the United St.'ites resulting iL'L'rcssioiia u % ■i IT, ijy •'oo' pro- iinent. cd : That iii| h parallel ol Treaty, the f all IJritisli tlicr property speetoil ; anili hat from thd 1 bo found te ', the naviga- 'udson's Bav (, to the point I (luinbia, and ■ ■cess into an(' s [ill the usua' i ;r be free and ; I upon by tlu !iid torritoi'v, ind exclusivi in and under ; under a just I eiu assunieil. ^ ly should b( f ho same, thr ? itain the said noy, u^^e and len by them * ni aggression to act, under respect, and j maintain the |f ■f . I enjoyment in J s, farms and | )r pasturage. * lior improve- :her articles, :lit of cutting . he (Adumbia ^i ditude iider- | to the ocean, f I line. ^ to tlie term- cs resulting 4 ontj and pro- | ceedings of persons acting, or claiming to act, under the authority of the Government, or of the laws of the United States, have been violated and restricted, and in great part extinguished and destroyed ; and tho Com- pany by reason of tho said agg .ssions and proceedings have boon com. polled in many cases to relinquish the same. That, by the Treaty concluded on tho 1st day of July, 18G3, it was agreed that all rpiestions between the United States authorities on tho one hand, and the Hudson's Bay Company on the other, with respect to the possessory rights and claims of tho latter, should be settled by the transfer of those rights and claims to the Government of the United States for an adequate money consideration. And tho claimants now submit a detailed statement, and valuation of the said rights, severally, under their distinct heads or classes ; and of tho claini of tho Hudson's Bay Company under and by virtue of the said Treaty and of the premises iicrein set forth : I. LANDS AND TRADING ESTABLISHMENTS. Tho forts, posts, establishments, farms, pastures, and other lands, with the buildings and improvements thereupon, lield and possessed witlnn the said Territory by the Hudson's Bay Company, for tlieir own sole use and benefit, at the time of tlie said Treaty of tho lotli June, 1846, and for a long time before ; wliich had, in some instances, been acquired from prior o('cupants, and in others, had been erected and made, and originally settled and occupied by the Company, were as follows : — The Post at Vancouvkr, so called, consisting of a stockaded fort, with dwelling houses, store houses, sidiocd houses, houses for servants, shops, barns, and other outbuiblings, with a stockade and bastions, erected at great cost and of the value of fifty-tive tliousand pounds sterling ( £-'),'),()00) ; other dwelling houses and granaries, dairies, barns, stables, and farm buildings appurtenant to the said post for the pui'- poses of fanning and trade, built at various points near to the main post at Vancouver, and on Sauvt's Island, together witli saw mills and flouring Miills, forges, worksliops, and store houses, all erected at a great cost at the time, and of tho value of forty-five thousand pounds sterling (jCio,0(M)) ; the tract of land occupied, possessed, and used by the Comi>any for its post at Vancouver, including its stations, enclosed and cuUiv.ited liehls, and the pasturage for its c ittk', horses and sheep, extending in front along tlie bi^nk of the Columbi.-i River, about twenty- five miles, and backward from tlie said River about ten miles, and Meiizies' Island, so called, occupied, and used for pasturage; the.>;c tracts of land, with the agricultural improvements made thereupon, at a great co.st, were, at liie time of the said Treaty, of tlie value of stventy- live tliousand pounds .sterling (£75,000.) Tlie said several sums making together the entire sum of one liundred and seventy-live thousand pounds sterling (jC17'>,(>00) oipial U: eight humU'cd and fifty-one thousand six hundred and sixty-six dollars and sixty-seven cents (^Sol.OOO.O?.) tiie claimants aver to be tlio value of the fort, buildings, land and i>: cstablisliment at and near Vancouver and on Sauv6's Island, wliicli tlioy ai'c entitled to claim andicecivo for the same. A large portion of tlie land thus oc'i;ii[>lcd, possessed and used, lian, since the lotli day of June, 1846, bciMi taken from the jwssession the Company by American settlers claiming under the land laws of tli( United States, and the Company was dispossessed of the fort and cstali- lishment at Vancouver, and the land near thereto, by the orders of tlu military officers of the United States, in the year 1800. The Post at CirAMPOEO, consisting of one dwelling house, on granary, and outbuildings, all of the value of three thousand pound- !-terling (.€3,(KM)) ; and of the enclosed land of the value of two hundroi pounds sterling (XiiOU) ; and, in addition, certain town lots in the tow: of Champoes;, purchased of American settlers, of the value of tw hundred pounds sterling (£200) ; making together the entire sum c throe thousaml four liundred pounds sterling (X.'MCHi equal to sixteen thousand live hundred aiul forty-six dollars and sixt\ seven cents ($10,540.07. The Post at the mouth of the Cowklit/ Rivkk, consisting of dwc! ling house, granaries, and outljuiUling-*, erected by tlie Company, of tli value of four hundred pounds sterling (C40()) ; and tlie land occupic and used by them of the value of one hundred pounds sterling (X'KH)) making together tlie entire sum of five hundred pounds sterling (CoOd cipial to two thousand four hundred and tliirty-three dollars and thirt\ three cents (^2,433.3^1 Tlie Post at Four Geokok, commonly caUed Astoria, consistiii. of dwelling houses, store houses, ami outbuildings, acquired by tli ('om})any from tlie prior occupants, of tlie cost and value of sovi hundred and fifty pounds sterling ( l'7')0) ; and two acres of Ian whereupon the said post is built, and thereto appertaining, possessc and used by the Company, and being of the value of one liundn pounds sterling (£100) ; making together the entire sum of eigl hundred and fifty pounds sterling (i;8o( equal to four thousand one hundred and thirty-six dollars and sixt\ seven cents (34,130.07 This post was taken possession of in 184l)-oO by the officers of tl United States. The Post at Capk Disappointment, consisting of a dwellin": Inni- and store erected by the Company, of the value of one thousand poun(: sterling (i,'l,tMK.>) ; and the land appertaining to the post occupied, usi and possessed by them, being one mile square, and of the value of tw thousand pounds sterling (£2,fXX)) ; making together the entire sum > three thousand pounds sterling ( (,'3,(XW ci|ual to fourteen thousand six hundred (h)llirs (^14,000. 00 The last mentioned land, or a portion of it, since the date of tl; said Treaty, was taken possession of by the officers of the United Statt for a light house or other public purpose. i slancl, wliicln ncl iiJ^od, has, | possession ) ; the land on the Colnml)ia River occupied and used as belonging to tlie said post, and also the land along the baidv of thi^ said river used for the landing of tlie Company, of the value of ten thousand pouiuls sterling (£10,000) ; the lands surround- ing the fort, used as pasturage, of the value of two thousand pounds sterling (£2,0CK)) ; the farm near the Post, being of some thirty acres, more or less, in extent, of tlie value of one thousand five hundred pounds sterling (£1,600) ; making together the entire sum of sixteen thousand seven hundred pounds sterling (£10,700) e(iual to eiglity-one thousand two hundred and seventy-three dollars and thirty-three cents (§81,273.33.) This post and the lands were abandoned by the servants of the Company uiuler the orders of the United States authorities in 18o'). The Post at Fort IIall, consisting of houses, shops, stores, mills and outbuildings, horse parks and walls, all (»f AdobC' brick, and of the value of three thousand iH»unds sterling (£3,0(K)) ; the lands en- closed and cultivated, of the value of one thousand pounds sterling (£1,000) ; and the lands occupied and used ftn* the pasturage of liorses and cattle, of great extent, and of the value of one thousand pounds sterling (£1,000) ; making together the entire sum of live thousand pounds sterling (£i'),(X)0) equal to twenty-four thousand three hundred and thirty-three dollars and thirty-three cents (§24,333.33.) Thia post was necessarily abandoned by the Company oil account of liostJlitios between the United States aniltlic Indian tribes in 1856. The Tost at Boise, eonsistinc of lionses and outlionscs, buildings, wall and bastions and bovse-pnrks, all bnilt of Adobe brick, and of the cost ;iiul value of one tlioiisand live hundred pounds sterling (jei,500) ; about tliree miles scpiare of land around the i)ost, used and occupied by tlio Company for the purpose of agriculture and pasturage, all of the value of two thousand pounds sterling (i;2,00()) ; making together the entire sum of tliree thousand five hundred pounds sterling (£3,500) c>[ual to seventeen tliousand and thirty-three dollars and thirty-three cents .' ($17,033.33.) This post was necessarily abandoned by the Company in conse- (pienco of the hustilities between the United States and the Indian tribes in 1855. The I'ost at Okaxaoax, consisting of dwelling houses, sei'vants houses, storehouses, outbuildings, all «)f Adtbe, stockade a'd bastions erected by the Company, and of the value of two thousand five hundred pounds sterling (£l',500); thirty acres of land at the fort, used, occuitied and cultivated by the Company, of the value of one tliiinsand jiounds sterling (jCI.UOU); and near and belonging thereto, iitlier lands for lli(> pasturage of herds of horses, of the value of five hundred jmunds sterling (.t'5(t0) ; making together the entire sum of fnur thousand ixiunds sterling (i,'4,(M)()) ei|ual U> niuiteen thousand four hundred and sixty-six dollars and sixty-seven cents (8UVWO.G7.) The Post at Colvilk. consisting of dwelling houses, servants' huiises. simps, stores, outliuildings, stables, l)arns, yards, stockades and bastions, tlouring mills and aiipurtenances, all erected by the Company, and of the cost and value of ten thousand pounds sterling (jC10,(XX)) ; tliree hundred and lit'ty acres of land, occupied and used and cultivated as farm land, and about live miles s([uarc of land occupied and used for pasturage of their cattle and horses, of the value of live thousand ]>ounds sterling (i,'5,000) ; the White Mud Farm (appurtenant to this post) with a house, barn and stable, store and outbuildings erected uponit b,' the Company, of the cost and value of one thousand pounds sterling (j£ 1,000) ; the land used and occui)ied as a farm, thirty acres || in extent, and of the value of five hundred pounds sterling (i.'500) ; making together the entire sum of sixteen thousand five hundred pounds sterling (i;i0,500) erpuvl to eighty thousand three hundred dollars ($80,300.00.) The Post at Kootanais, consisting of houses and st(n'es erected by the Company, of the cost and value of five hundred pounds sterling (f.jOO) ; the land occupied and used for tho post, and near thereto, of small extent, of the value of five hundred pounds sterling (jfioOO) ; making together the entire sum of one thousand pounds sterling (ill.OOO) equal to four thousand eight hundred and sixty-six dollars and sixty- seven cents ($4,800.67.) in 1856. , buildings, and of the (jei,500) ; Lvupiod by all of the )gcthcr the f. (£3,500) hirty- three .7,033.33.) r in conse- ho Indian 3, sei'vants d bastions usand five t the fort, uc of one ig thereto, liic of five ire sum of ,..(i;4,(M)()) lollnrs and L1VW0.G7.) , servants' ;kades and Company, £10,(MX)) ; [ cultivated I and used e thousand ant to this igs erected uid pounds hirty acres •g ("t'500) ; e hundred .(i; 10,500) ^0,300. 00.) erected by ds sterling thereto, of g (»e500) ; and sixty* H,8GG.67.) The Post at FLAT-lttiAbs, consisting of dwelling houses and store, and of a small piece of land enclosed as a liorse yard, of the value of six hundred pounds sterling (.£600) et^ual to two thousand nine hundred and twenty dollars... ($2,020.00.) All these po!:ts were established and maintained for the support of their servants, and of others in the employment of or trading with the Company, and were not only indispensable for carrying on their trade in the country South of the 40th parallel of Xorth latitude, but were also of great value for the suppoit of their posts and trade in the country North of that paralhd. Tliey wore connected with and depend- ent upon each other, and were of greater value to the Company when used together. The farms and pasture lands were also of great annual value. It may be added, that the discoveries of gold, and f)ther minerals, vl'ich liavc been made within a few years past upon lands within the territory occupied by the Company, prove their value to be much higher than any estimate, whidi could liave been put upon them before their general mineral >v'oalth wa:i known ; and although it is not intended to urge this fact as a distinct ground of claim, yet it is manifestly fair, that it sliould not bo without inlluence in the as.-icssment to be made by the Commissioners. The Company have been, as l)efore stated, deprived of the possession of some of their posts and farms and other lands, by American settlers claiming under the land laws of iho United States ; of some by the ftctit>n of the Officers of the United States ; and of others l)y the hostil- ities between the United States and Indian tribes ; which said tribes had, until the Treaty of the IHth June, 18 U), been under the control of, nnd at peace with the said Company. The privation of the annual protits and rents of these farms and lands and tlio occupation of their posts, and the ccmipelled abandon- ment of the said posts and farms, and lands, have caused to the Company, damage and loss to an amount exceeding fifty thousand pounds sterling (.£50,(X)0.) The value of the several forts, posts, establishments, farms, pasturages and lands, with the buildings and improvements thereon, amounts in all to the sum of two hundred and thirty-five thousand three hundred and fifty pounds sterling (£235,350) ; making, together with the sum of fifty thousand pounds sterling (£."30,(»()0) for loss suffered, as stated, the entire sum of two hundred and eighty-five thousand three hundred and fifty pounds sterling (.t'285,350) equal to one millitui three hundred and eighty-eight thousand seven hundred and three dollars and thirty-three cents ($1,388,703.33.) Which the Hudson's Bay Company claim and arc entitled to re* ce'vc from the United States. II. RIGHT OF TRADE. The chief business of the Hudson's Bay Company in the j'ear 1840, tind for a great number of years before, was, and now is, the trade with Indian tribes in furs, peltries, and other articles. It >\a3 a trade of 8 E ! i «,'roat magnitude, i-arriod on in Oirjion over a wide range of country, nn.l involvcil an cxtiMisivo foreign conunorce. Largo .sums of uioncy \v(M-o aunually expended in it, and the returns were liiglily profitable, and important to the general jirosperity *A' the Company. For the propor and beneticial carrying on of that trade, the Com- pany rc([iiircd, nt.t only to hohl and possess tlie posts, ostublishments, farms, and otlier hinds already des.rribcd, but also to iiavo the control, possession, and use of extensive tracts of country ; luul they had in fact, at and Ijcfore the date of the Treaty of the loth June, 184(>, in their control, possession, and use, for such puritoses, a large portion of the ciinntry Iving as hereinbefore mentioned on the North-West coast of America, to the West -ward of the Rocky :Mountains, South of the 4Mtli parallel of Xorth latitude, and known as Oregon. And they had therein .•ind thereni)on a right of trade which was virtually exclusive. The profits derived from their said trade, before and in the year lS4f). exceeded in each year the sum of seven thousand pounds sterling. And such right of trade, ami the co.trol, possession, and use, of the said Territory for the purposes thereof, independently of their fcjreign commerce and the s.ilo of timber, exceedeil in total value the sum of two hundred tliousand pounds sterling. Under the settlement of the boundary line by the Treaty of the loth June, ISK), the said Territory fell under the Sovereignty and (Jovern- nient of tiie United .States; and by reason thereof, and of the acts and proceedings had and taken, under and liy colour of the authority and of the laws of the United States, the control, possession, and use of the said Territory by tlie Hudson's Uay Comjiany, for the purposes of their trade, and their rights in tlu> exercise and earrving on of their trade in furs, peltries, and otlier articles, as well as their trade in the shipment and sale of timber and their foreign commerce, were restricted and di'iiied, and in ett'ect wholly take:: away and lost, and for their saiil rights, and the forced relin(|uisliment and loss thereof they claim the said Slim of two hundred thousand pounds sterling (X'20(),f country, of money profitable, tlio Com- >li.slimonts, lie control, lad in fiict, ('», in their t ion of tlio at coast of )f the 4f)tli lad therein e. 1(1 in the nd pounds md use, of leir foreign he sum of of the lotli d (Jovern- 10 act^i and hority and use of the ■ios of their 'ir trade in e sliipnient ricted and tlieir saiil claim the [£-2mm) iiidred and r3,333.33.) Ell. of the 15(11 to tlie free River, from el of North free access liat British n, anil that l)ortagcs of t to he and 9 The right thus to navigate the saissil)le to give any minute details of expenditures of (his class, and of tlio advantages which tlie United States have derived from them, but the justice of extending (o the Hudson's Bay Company liberal compeiisadon, founded ..u (hese considerations, is too apparent (o allow of any reasonable hesitation in admitting it. It is (d)vious, that of (he tlirce cl.asses of claims sot fortli in the foregoing Memorial, the first only consii^ts df j)articulars which in their nature admit of direct proof of value, but with respect even to these, the Honorable The Commissioners are earnestly re(|uested to notice, that circumstances which the claimants could in no degree prevent or control, have greatly im|;)aired the means of producing such proof, in the positive and complete form which, otlu'rwise, they would have been enabled to do. Among these circumstances may bo specified, the aggressive acts, and the general conduct of Ami>ricaii citizens, and of persons acting under the authority of (he Uni(ed S(ates, commoiicing shortly after the loth June, 184'5, and continuing from year to year, by which the rights t»f tiio claimants under (hat Treat v were violated and denied, and their property and possessions were, in some instances, usurped and taken from them, and in others, were necessarily abandoned, Tlua course of conduct was, perhaps, to lie expected, from the .momaloiis position in which the Company wen; ph) "ed,— a foreign Cori)oratioii exercising a quasi sovereignty, and exclusive rights over territory transferred to a Power, whose policy in dealing with such territory was diametrically opposed to that which the Company pursued, and from which they derived their profits. But however this may bo, it is an undoubted consequence to the Company, that their rights and possessions have been thereby made of comparatively little valuo, and the difficulty of obtaining evidence upon them has been rendered very BSR ■*■■ 10 great. This diffii^ulty has l)uen essentially increased by the lapse of time since the claims first arose. A delay of seventeen years intervened during which the United States, while tailing to cause the rights of the Hudson's Bay Company to be respected, continued to refuse any satisfac tory sott'omcnt of their demands. The inevitable effect of this delay nov extended to nearly twenty years, has been to remove by death, vith the buildings and improvements thereon, as herein- before set forth, the sum of two hundred and eighty five thousniid tiiree hundred and fifty pounds sterling {£-2H'),;ii)0.) .bVc'Oiif////,— For tlic right of trade, as hereinbefore set forth, the sum of two huiiilred thousand pounds sterling (i;-'00,000.) Thirdly,— Vov the right of the free navigation of tlio Columbia River, as hereinbefore set forth, the sum of three hundred thousand pounds sterling (X'.'JOO.fJOO.) The said several sums Mmking together the entire sum of sovenl hundred and eighty-five tluusaaid three hundred and fifty poundsl le lapse of time Ts intervened 3 rights of the se any satisfac , of this delay, re by death, or to weaken tlio S3, in point of natural decav J value of the lade. lainis set fortli, Commissioners, vliich does iiut Consisting as :>f a public and Jut the estinia- y considei'atioii , ho settled bv own experienco dcd opinions of jdtiniates under id observation- serious consul- ?ir examination I restrained h\ les in Courts of 3 reasons above ed and relaxed auvl solemnly, ;ration of tiieir that upon tlig [orations herein c United State; pasturage, and •eon, as herein- five thousand t forth, the sum the Colunibiii idrcd thousand 11 sterlins;. .(^£785,350) equal to three million eight hundred and twenty-two thousand and thirty-six dollars and sixty-seven cents ($3,822,036.67.) And the Hudson's Bay Company ask that the HonorabU; the Com- missioners will, after due examination, maintain the said claim as just and reasonable, and will decide that the United States ought to pay to the Company, in discharge of their said claims and rights, and for the transfer of them, tlic said sum of seve'; hundred and eiditv-five thousand three hundred and fifty pounds, in Stoi-ling money of Great Britain, equal to three million eight hundred and twency-two thousand and thirty-six dollars and sixty-seven cents in gold, to be paid at the time and in the manner provided by the said Treaty of the 1st July, 1863. And the claimants declare, that for the said sum of money, or for such other sum as tlie Honorable the Commissioners may justly award, they are ready and willing to transfer to the United States all their rights and claims according to the terms of the said two Treaties. Dated, 8th April, 1865. ! sum of seven I id fifty pountlsj