"Article 1. All the provisions of the third article of the convention concluded between the United States of America and his majesty the king of the United Kingdom of Great Britain and Ireland, on the 20th of October, 1818, shall be, and they are hereby, further indefinitely extended and continued in force, in the same manner as if all the provisions of the said article were herein specifically recited.
"Art. 2. It shall be competent, however, to either of the contracting parties, in case either should think fit, at any time after the 20th of October, 1828, on giving due notice of twelve months to the other contracting party, to annul and abrogate this convention; and it shall, in such case, be accordingly entirely annulled and abrogated, after the expiration of the said term of notice.
"Art. 3. Nothing contained in this convention, or in the third article of the convention of the 20th October, 1818, hereby continued in force, shall be construed to impair, or in any manner affect, the claims which either of the contracting parties may have to any part of the country westward of the Stony or Rocky Mountains."
DOCUMENT C
Statement concerning merger of Hudson's Bay Company and North-West Company; and grant to Hudson's Bay Company of 1821 and 1838 to trade in the Oregon Country.
A great enmity arose between the Hudson's Bay Company and the North-West Company. In 1815 a regular war broke out between the two companies, which was, for some time after, openly carried on. In 1821 a compromise was effected, by which the North-West Company became united with, or rather merged, in the Hudson's Bay Company. In connection with this merger the British Parliament July 2, 1821, passed an act entitled, "An act for regulating the fur trade and establishing a criminal and civil jurisdiction in certain parts of North America," containing every provision required to give stability to the Hudson's Bay Company, and efficiency to its operation. Under this act of Parliament, the King was authorized to make grants or give licenses for the exclusive privilege of trading with the Indians in all such parts of North America, not being parts of the territories previously granted to the Hudson's Bay Company, or of any of His Majesty's provinces in North America, or of any territories belonging to the United States of America; "provided, however, that no such grant or license shall be given for a longer period than twenty-one years; that no grant or license for exclusive trade, in the part of America west of the Rocky mountains, which, by the convention of 1818 with the United States, remained free and open to the subjects or citizens of both nations, shall be used to the prejudice or exclusion of citizens of the United States engaged in such trade; and that no British subject shall trade in those territories west of the Rocky mountains without such license or grant."
December 21, 1821, the King of England granted a license for twenty-one years, to the Hudson's Bay Company and to W. McGillivray, S. McGillivray, and E. Ellice (representing the North-West Company) "the exclusive privilege of trading with the Indians, in all such parts of North America, to the northward and westward of the lands and territories belonging to the United States of America, as shall not form part of any of our provinces in North America, or of any lands or territories belonging to the said United States of America, or to any European government, state, or power." Said grant also provided: "And we do hereby declare that nothing in this our grant contained shall be deemed or construed to authorize the said Governor and Company, or W. McGillivray, S. McGillivray, and E. Ellice, or any person in their employ, to claim or exercise any trade with the Indians on the north-west coast of America, to the westward of the Stony Mountains, to the prejudice or exclusion of any citizen of the United States of America, who may be engaged in the said trade: Provided always, that no British subjects other than and except the said Governor and Company, and the said W. McGillivray, S. McGillivray, and E. Ellice, and the persons authorized to carry on exclusive trade by them on grant, shall trade with the Indians within such limits, during the period of this our grant." Under this license, the parties to whom it was granted continued their operations until 1824, when the claims of the North-West Company were extinguished by mutual consent; the Hudson's Bay Company then became the sole possessor of the privileges conceded, which were enjoyed by that body until the expiration of the grant. Previous to that period, 1838, a new grant was made to the Company, entitled, "Crown Grant to the Hudson's Bay Company of the Exclusive Trade with the Indians in certain parts of North America, for a term of twenty-one Years, and upon Surrender of a former Grant."
Said grant of 1838 provided: "We do hereby grant and give our license, under the hand and seal of one of our principal secretaries of state, to the said Governor and Company, and their successors, for the exclusive privilege of trading with the Indians in all such parts of North America, to the northward and to the westward of the lands and territories belonging to the United States of America, as shall not form part of any of our provinces in North America, or of any lands or territories belonging to the said United States of America, or to any European government, state, or power, but subject, nevertheless, as hereinafter mentioned: And we do, by these presents, give, grant, and secure, to the said Governor and Company, and their successors, the sole and exclusive privilege, for the full period of twenty-one years from the date of this our grant, of trading with the Indians in all such parts of North America as aforesaid (except as hereinafter mentioned)." Said grant of 1838 also provided: "But we do hereby declare that nothing in this our grant contained shall be deemed or construed to authorize the said Governor and Company, or their successors, or any persons in their employ, to claim or exercise any trade with the Indians on the northwest coast of America, to the westward of the Stony Mountains, to the prejudice or exclusion of any of the subjects of any foreign states, who, under or by force of any convention for the time being, between us and such foreign states, respectively, may be entitled to, and shall be engaged in, the said trade."[60]