"By direction of the President, you are appointed the counsellor on behalf of this Government to represent it before the Joint Commission under the convention between the United States and Great Britain for the adjustment of the claims of the Hudson's Bay and Puget's Sound Agricultural Companies." Mr. Day's authority was in the form of an official letter from Mr. J. Hume Burnley, British chargé d'affaires, of January 7, 1865, authorizing him to appear at the desire of the companies. The commissioners adopted rules to regulate the transaction of business. These rules were subsequently amended, chiefly by the addition of certain regulations. They required one of the clerks to be in daily attendance at the office of the commission, which, until further orders, was established at No. 355 H street northwest, in order to receive and file documents addressed to the commissioners.

Rules.

ants.

On January 9, 1865, the commissioners, on Memorials of Claim- the application of Mr. Day, granted till the 22d of the following March for the filing of memorials. On the 16th of March they extended the time, with the consent of counsel, to the 15th of the next month. On that day the memorials were presented and ordered to be filed.

At their first meeting the commissioners Selection of Umpire. discussed the selection of an umpire without reaching a conclusion. On the 21st of April they jointly issued a commission to Benjamin R. Curtis, the distinguished jurist, whom they had selected as umpire and who had accepted the trust. On the 24th of April Mr. Curtis subscribed the requisite declaration, which was filed with the commission on the 27th of the same month.

Between May 30, 1865, and May 10, 1867, Taking of Testimony. no meeting of the commissioners is recorded. The interval was employed by counsel in the taking of testimony. By the rules of the commission all testimony, unless otherwise specially ordered, was required to be in writing, and on oath or affirmation administered according to the laws of the place where the testimony was taken by a person competent by such laws to take depositions. All depositions were required to be filed with the clerks from time to time as they were taken, and, in view of the large number expected to be taken, specific directions were prescribed as 5627-16

to the manner in which they should be printed. It was also ordered, on motion of counsel, that an order or commission be issued for taking evidence on the part of both companies, as well as of the United States, in the States of California and Oregon, the Territory of Washington, and Vancouver Island; that such order or commission be addressed to any judge or clerk of a court of record, United States court commissioner, justice of the peace, or notary public; that the witnesses produced by either party be examined and crossexamined vira voce after reasonable notice to either party; that all objections to evidence and all other questions of law or practice be reserved, and that the evidence, with all the documents and papers and a report of all such objections, be returned to the commissioners with all convenient diligence.

Arguments.

On May 11, 1867, the commissioners, who had assembled on the previous day, received from counsel a report as to their respective proceedings and a motion for the regulation of the arguments to be submitted on each side. The report and motion were as follows:

"To the Honorable the Commissioners.

"The undersigned, counsel for the United States and the claimants, respectfully represent:

"Provision was made at as early a day as possible after the filing of the memorials of the claimants to take testimony on both sides.

"In behalf of the claimants this was commenced at Victoria, in British Columbia, August 5, 1865, and concluded at the city of Washington, April 20, 1866.

"Testimony for the United States was commenced at the city of Washington, May 7, 1866, and in the expectation of the arrival of certain evidence from Oregon on or before June 30, 1867, may probably be closed at that time. If, however, the counsel for the United States should find that further time is necessary, he will make special application therefor to the commissioners.

"At the same time, or as soon as may be convenient after the close of the evidence on the part of the United States, the counsel for the two companies will determine whether or not to put in rebutting evidence and the time requisite for that purpose.

"In anticipation of the conclusion of the testimony on both sides, the undersigned now move the Honorable Commissioners for permission to argue the two causes in print as follows:

"Mr. Day to file opening arguments for the Hudson's Bay and Puget's Sound Agricultural Companies, severally, in a period not exceeding two months after the day when the

testimony on both sides shall have been completed, printed and filed with the clerks of the commissioners.

"Responsive arguments in both causes by Mr. Cushing for the United States shall be filed by him in like manner within two months after the day when Mr. Day's opening arguments shall have been filed.

"Closing arguments by Mr. Day for the Companies shall be filed within two months after the filing of the arguments of the United States.

"Oral arguments shall not be submitted unless the same may be hereafter required by the commissioners.

"The respective counsel beg leave to state that the preparation of the two causes for hearing has been prosecuted with all due diligence and with as much expedition as the numerous particular subjects of inquiry, the remoteness from one another of the places at which evidence was to be taken, and the interests of the parties would permit; all of which has been facilitated by the disposition of counsel on both sides to arrange by consent as to the times, places and manner of taking depositions.

"Evidence of the estimated amount of about 2,500 printed pages, of which 1,400 are already in print, has been taken in England, in British Columbia, in Canada, in the Territory of Washington, in the State of Oregon, New York, Pennsylvania, Ohio, Michigan, Tennessee, North Carolina, Louisiana and Florida, and at the city of Washington.

"C. Cushing, for the United States.

"Chs. D. Day, for the H. B. Co. & the P. S. A. Co." And the commissioners ordered accordingly.

Amendment of Memorial.

On June 10, 1868, Mr. Day gave notice of an intention to ask leave to amend the memorial in the case of the Hudson's Bay Company. The motion was granted on February 23, 1869.

Clase of Cases.

On January 26, 1869, Mr. Day addressed a letter to the commissioners, stating that the closing argument of the claimants, in reply to the responsive argument of the United States, had been transmitted to Washington to be filed of record, and that three copies were also sent to the address of each commissioner. "The case," he added, "is thereby completed on both sides according to the terms of the order made by the commissioners on the 11th of May, 1867, and I have the honor respectfully to request that it may be taken into consideration, with a view to final adjudication upon it."

On February 24, 1869, the commissioners Oral Arguments. granted a motion, which Mr. Cushing made on the 10th of the preceding December, that he be permitted to address them orally on the questions pending in both cases. They appointed Friday, April 12, and the city

of New York as the time and place for the hearing of such oral arguments as the respective counsel might desire to address to them.

Admission of New
Evidence.

On the same day (February 24, 1869) the commissioners granted a motion, which Mr. Cushing made on the preceding day, for permission to put in evidence certain papers communicated by the minister of the United States in London showing the progress and results of negotiations then pending between the Hudson's Bay Company and the governments of Great Britain and Canada for the cession of the rights of the company to Canada. They granted this motion, with the proviso that any such evidence should be communicated by Mr. Cushing to Mr. Day on or before the 1st of the ensuing April, and that it should, together with such written comments as counsel on either side might see fit to append, be laid before the commissioners on or before the 15th of the same month.

Opinions and Award of Commissioners.

On September 10, 1869, the commissioners filed their opinions and rendered an award. They decided that, "as the adequate money consideration for the transfer to the United States of America of all the possessory rights and claims of the Hudson's Bay Company, and of the Puget's Sound Agricultural Company, under the first article of the treaty of June 1st, 1863, and the third and fourth articles of the treaty of June 15th, 1846, commonly called the Oregon Treaty, and in full satisfaction of all such rights and claims, there ought to be paid in gold coin of the United States of America, at the times, and in the manner provided by the fourth article of the treaty of June 1st, 1863, on account of the possessory rights and claims of the Hudson's Bay Company Four Hundred and Fifty-Thousand Dollars; and on account of the possessory rights and claims of the Puget's Sound Agricultural Company the sum of Two Hundred Thousand Dollars; and that, at or before the time fixed for the first payment to be made in pursuance of the Treaty, and of this award, each of the said Companies do execute and deliver to the United States of America, a sufficient deed of transfer and release," in a form which was annexed to the award.

The grounds on which this award was based Grounds of Award. may be collected from the memorials of the claimants, the arguments of counsel, and the

opinions of the commissioners.

Claims of Hudson's
Bay Company.

The memorial on the part of the Hudson's Bay Company' set forth that the governor and company of adventurers of England trading to Hudson's Bay, commonly called the Hudson's Bay Company, in the year 1846, and for a great number of years previously, were in the full and free enjoyment, for their exclusive use and benefit, of rights, possessions, and property of great value in the territory on the northwest coast of America lying westward of the Rocky Mountains and south of the forty-ninth parallel of north latitude. Such rights consisted "as well in extensive and valuable tracts of land, whereupon numerous costly buildings and enclosures had been erected and other 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." These rights, possessions, and property, as the memorial declared, "had been acquired while the said Territory was in the ostensible possession, and under the Sovereignty and Government of the Crown of Great Britain, and the company held and enjoyed the same, with the knowledge and consent, and under recognitions, both express and implied, of the Crown of Great Britain, and by persons acting under its authority." Referring, then, to the first four articles of the treaty of 1846, which are quoted above, the memorial declared that

"The rights which the United States were so held to respect, and in the enjoyment of which they were bound to uphold and maintain the Company, consisted of:

"First. The free and undisturbed possession, use and enjoyment in perpetuity, as owners thereof, of all the posts, establishments, farms and lands held and occupied by them, for purposes of culture or pasturage, or for the convenience of trade, with all the buildings and other improvements thereupon. "Secondly. The right of trade in furs, peltries and other articles, within and upon the whole of the said Territory, and the right of cutting timber thereupon, for sale and exportation. "Thirdly.—The right to the free and open navigation of the Columbia River, from the point at which the 49th parallel of North latitude intersects the Great Northern branch of the said river, down to the ocean, with a like free and open use of the portages along the said line."

After averring that these rights had not been either protected

'Memorial and Argument on the part of the Hudson's Bay Company, Montreal: John Lovell, 1868.